Goods originating from the UK can have a preferential rate of duty when these are imported into Malta and released for free circulation. This means they’ll be free (or benefit from a reduced rate) of Customs Duty. VAT will still be due on import.
In a press release issued by Malta’s Customs Department, it was explained that due to Brexit, the UK will no longer be part of the Customs Union as of 1st January 2021.
To claim this preferential rate of duty, the imported product must originate in the UK (as the exporting country). One is to properly classify the specific product originating in the UK, to be able to assess the duties and specific provisions associated with it, against the TARIC database. The TARIC database will be updated in line with the agreement as of 1st January 2021.
To benefit from preferential tariffs when importing into the EU from the UK, the importer will be required to declare that they hold proof that the goods comply with the rules of origin.
Therefore, entitlement to claim the preferential rate of duty is subject to, either:
- a statement on origin that the product is originating made out by the exporter; or
- the importer’s knowledge that the product is originating.
Statement on origin
The text for a statement on origin can be found here:
‘Importers knowledge’ allows the importer to claim preferential tariff treatment based on evidence obtained about the originating status of imported products. This evidence must be in the importer’s possession, be in form of supporting documents or records which may be provided by the exporter or producer and provide evidence that the product qualifies as originating.
As the importer is making a claim using their own knowledge, no statement on origin has to be provided by the exporter or producer.
Goods imported EU-UK-EU again
It is also to be understood that goods imported into the EU from the UK, which had originally been imported into the UK from other EU countries will not be subject to import duty if they are imported back into the Customs Union within 36 months of their original export from the European Union to the UK. In such instances, VAT only will be due.
If these goods are imported into the Customs territory of the EU after three years from their original export outside the European Union (in this case to the UK), then the goods will lose their origin and all taxes (duty and vat) will be due on import.
If goods originally exported from the Customs Territory of the Union are being returned in unaltered state to the same exporter within 36 months of the original export, then no taxes are due.
Exports from the EU to the UK
The procedures for exporting goods to the UK will be the same as those currently employed for exports to other third countries. However, the agreement provides for preferential treatment of goods originating in the EU for UK importers. In order to fulfill this provision, economic operators who export goods to the UK need to register in the REX System.
The Customs Department also clarified that this information is being provided as a generic guide and more specific details are outlined in the ‘Origin’ chapters outlined in the Union Customs Code Regulation (EU) 952/2013, the UCC Implementing Regulation (EU) 2015/2447 and the UCC Delegated Regulation (EU) 2015/2446.