Business

Brexit deal’s ‘rules of origin’ spark trade confusion

Businesses say provision leaves them at major competitive disadvantage when selling in the EU

Updated 5 years ago · Published on 10 Jan 2021 3:57PM

Brexit deal’s ‘rules of origin’ spark trade confusion
UK high-street retail giant Marks & Spencer says the trade deal would “significantly impact” business in the Czech Republic, Ireland and France – Twitter pic, January 10, 2021

LONDON – Many British businesses are swiftly discovering that they must now pay duties on exports bound for the European Union, despite the breakthrough Brexit free trade deal clinched over Christmas.

The development, which has already helped spark sliding freight traffic to Ireland, is part of trade disruption that has become increasingly evident this year after Britain's Brexit divorce was finalised on December 31.

Trade has also been badly hampered by new Covid-19 border restrictions, with the roll-out of testing for lorry drivers as Britain races to curb a rampant variant of the deadly virus.

At the heart of the Brexit deal, which came into force on January 1, is the so-called “rules of origin” condition applied to all goods crossing the border.

The rules of origin, a key aspect of all major trade deals, can rapidly turn into a costly headache for businesses.

Under the Brexit provision, any good will be subject to a customs levy if it arrives in Britain from abroad and is then exported back into the European Union.

For example, if a British clothing retailer imports Chinese-made textiles, then it would then have to pay a customs charge if it ex-exports the items into a member nation of the EU’s single market and customs union.

Put simply, the rules therefore determine whether an export is considered British or not.

“Businesses blindsided” 

"It is clear that many UK businesses exporting to the EU are going to be hit by tariffs," said Michelle Dale, senior manager at the Manchester office of chartered accountants UHY Hacker Young.

“Businesses have also been completely blindsided by the ‘rule of origin’ part of the deal, which leaves them at a major competitive disadvantage when selling in the EU. 

“Unfortunately, not enough was done to prepare them for this. It takes years to build an effective supply chain – and using non-EU suppliers is often the best option both in terms of cost and quality.”

The Brexit agreement, which was sealed four and a half years after Britons voted to leave the European Union, grants zero customs duties if at least roughly 50% of an exported product is made in the UK.

That applies to the majority of UK exports – but certainly not all of them.

And the provision is all the more important because the EU accounts for more than half of Britain’s trade.

The London-based Institute of Government think tank argues however that the complexity of supply chains means that proof of origin can be difficult for businesses to ascertain – and hard for authorities to assess.

A raft of British retailers are reportedly rushing to assess the impact of critical deliveries to EU nations, including London's top-end department store Fortnum and Mason.

Collapsed UK high-street department store Debenhams has already shut its online website in Ireland due to uncertainty over post-Brexit trade rules.

‘We need a solution’

“At least 50 of our members face potential tariffs for re-exporting goods to the EU,” said William Bain, trade policy adviser at the British Retail Consortium industry organisation.

“We are working with members on short-term options and are seeking dialogue with the (UK) government and the EU on longer-term solutions to mitigate the effects of new tariffs,” he added.

High-street retail giant Marks & Spencer warned on Friday that the trade deal would “significantly impact” business in the Czech Republic, Ireland and France.

The deal however removes tariffs for Britain’s largely foreign-owned carmaking industry, which avoids customs duties for cars manufactured with components made abroad.

Nissan has welcomed the agreement but has not yet indicated what will happen to the Japanese carmaker’s largest plant in Europe which is based in Sunderland, northeast England. It had previously warned that a no-deal departure would threaten the factory's future.

Prime Minister Boris Johnson’s Conservative government has yet to comment on the precise impact of the rules of origin on the business community.

“We continue to work closely with businesses to help them to adapt to any new trading requirements,” a government spokesman told AFP. – AFP, January 10, 2021

Related News

Opinion / 2mth

Andy Burnham and a new Britain: Why we  should pay attention

Malaysia / 3mth

Tourism industry needs to shift to EVs systemically – MATTA

Business / 5mth

US investigates manufacturing overcapacity in 15 economies, including Malaysia, EU

Malaysia / 6mth

Singapore PM Lawrence Wong arrives in Malaysia for a special visit

Opinion / 6mth

Bridging civilisations: Why India matters to Malaysia’s economic future

Malaysia / 6mth

India, Malaysia will discuss trade pact review during Modi's visit

Spotlight

Malaysia

Desa ParkCity deaths: Netizens voice concern, call for increased enforcement, crackdowns on scammers

Malaysia

Seven Yemenis arrested over dangerous stunt on KL road

Malaysia

UMNO gives state leaders mandate to negotiate electoral pacts

Malaysia

Sultan Selangor warns against greed, abuse of trust

By Alfian Z.M. Tahir

Malaysia

Form Six students to get allowance from 2027

Malaysia

Desa ParkCity deaths: Wife believed to be victim of love scam, say cops

Malaysia

Saravanan's letter will be referred to MACC, relevant authorities - PM Anwar

Malaysia

Thirteen arrested after teen girl dies in suspected gang-related road attack in Kulai

You may be interested

Business

Petronas revenue jumps 15% to RM152.4b as energy investments lift first-half earnings

Business

ASM 2 Wawasan declares seven-year high payout of 5 sen a unit

Business

Malaysia’s international reserves stand at US$132.07b in July

Business

Questions over traceability of nearly 77,000 tonnes of K8 cargo at Tanjung Langsat

Business

Robo.ai Inc announces appointment of new independent director

By Alfian Z.M. Tahir

Business

Oil prices fall as Hormuz reopening hopes offset Iran tensions

Business

K8 Cargo: Company still in limbo, claims CEO

Business

Robo.ai swings to positive equity after US$46.7m first-half profit

By Alfian Z.M. Tahir