UT/2023/000082 - [2025] UKUT 00057 (TCC)
Upper Tribunal Tax and Chancery Chamber

UT/2023/000082 - [2025] UKUT 00057 (TCC)

Fecha: 29-Oct-2024

relevant legislation

relevant legislation

11.

The legislation is contained in Article 97 of EEC Commission Regulation 2454/93. The provisions below are those which are relevant and were in force during the relevant period.

12.

Article 97k states:

1.

Every beneficiary country shall comply or ensure compliance with:

(a)

the rules on the origin of the products being exported, laid down in Section 1;

(b)

the rules for completion and issue of certificates of origin Form A, a specimen of which is set out in Annex 17…

3.

Where, in a beneficiary country, a competent authority for issuing certificates of origin Form A is designated, documentary proofs of origin are verified, and certificates of origin Form A for exports to the European Union are issued, that beneficiary country shall be considered to have accepted the conditions laid down in paragraph 1.

5.

A proof of origin shall be valid for 10 months from the date of issue in the exporting country and shall be submitted within the said period to the customs authorities of the importing country.

13.

Article 97n provides for the exception to the 10 month time limit which is central to this appeal, as follows (emphasis added to original);

Procedures at release for free circulation in the European Union

Article 97n

1.

Certificates of origin Form A or invoice declarations shall be submitted to the customs authorities of the Member States of importation in accordance with the procedures concerning the customs declaration.

2.

Proofs of origin which are submitted to the customs authorities of the importing country after the period of validity mentioned in Article 97k (5) may be accepted for the purpose of applying the tariff preferences, where failure to submit these documents by the final date set is due to exceptional circumstances. In other cases of belated presentation, the customs authorities of the importing country may accept the proofs of origin where the products have been presented to customs before the said final date.