The importance of certificates of origin in exports and imports: What is their use and how to obtain them?

According to data from the Tax Agency (Customs), compiled by FEPEX (Spanish Federation of Associations of Fruit, Vegetable, Flowers and Live Plants Exporting Producers), Spanish exports of fresh fruit and vegetables have experienced a year-on-year increase of 8% in volume and 5% in value, during the past year. This translates into total exports of 12.3 million tonnes and a turnover of 17,703 million euros.

For the Spanish fruit and vegetable sector, leader in exports within the European Union, understanding the function of these documents and knowing how to manage them properly is essential to avoid setbacks in customs and to strengthen consumer confidence.

What is a certification of origin?

The certification of origin is an official document that certifies the country of origin of a good. This certificate is issued by the competent authority and is used to demonstrate that a product complies with the rules of origin required by the importing country, whether for tariff, commercial or sanitary reasons. It is, therefore, a seal of quality that is usually requested and offered in international trade, in order to guarantee the origin and condition of the product.

Definition and purpose in international trade

The main purpose of a certification of origin is to facilitate preferential market access, to enable the application of reduced or zero tariffs under bilateral or multilateral trade agreements, and to guarantee the authenticity of the product vis-à-vis customs authorities and buyers.

Differences between certification of origin and declaration of origin

Although often used synonymously, there are significant differences between a certification of origin and a declaration of origin.

Firstly, the certification of origin is issued by an official entity (such as a chamber of commerce), and is binding. The certification of origin is often required by the importing authority itself as documentary evidence. In addition, there are different categories of certificates of origin. The main difference is whether they are requested for sanitary or purely commercial purposes.

Most commonly used types of certificates of origin

In general, we usually speak of two types of certificates of origin:

Non-preferential certificate of origin: This simply certifies the country of origin of the goods, without implying tariff benefits. It is required in some countries to control trade, to apply quotas or to comply with sanitary requirements.

Preferential Certificate of Origin: Allows for reduced (or zero, in some cases) tariffs under existing preferential trade agreements. The two best known certificates are EUR.1 and EUR-MED:

The EUR.1 certificate certifies the Community status of goods, allowing them to benefit from preferential tariff treatments - such as reductions or exemptions from customs duties - under trade agreements between the European Union and certain third countries. Trading partners that recognise this regime include: Tunisia, Egypt, Morocco, Algeria, Jordan, Syria, Lebanon, Israel, Bosnia and Herzegovina, Serbia, North Macedonia, Croatia, EFTA member countries (Switzerland, Norway, Iceland and Liechtenstein), ACP (African, Caribbean and Pacific) states and OCTs (Overseas Countries and Territories, such as New Caledonia). The EUR.1 is, so to speak, the most common. It is valid for four months from the date of issue and must be processed at the customs office of exit by the exporter himself or by an authorised representative (such as a customs broker or freight forwarder). At destination, the customs office of import will be in charge of verifying and validating this certificate, which must be presented together with the Single Administrative Document (SAD). In addition, the EUR.1 is the only movement document that allows access to the tax advantages deriving from the application of preferential tariff regimes.

The EUR-MED certificate is a variant that can replace the EUR1 for countries with pan-Euro-Mediterranean agreements, which allows EU exporters to benefit from tariff reductions or exemptions when exporting their products to countries with which the EU has established such agreements.

What is the purpose of certificates of origin in international trade?

Certifications of origin have different functions. So to speak, they play a multifaceted role in international operations, especially in the agri-food sector, where traceability and regulatory compliance requirements are particularly demanding.

Reduction of tariffs and access to trade benefits

One of the main benefits of having a preferential origin certification is the reduction or exemption of customs duties. Under agreements such as the EU-Canada Trade Agreement (known as CETA) or the EU-South Korea Agreement, to give a couple of examples, Spanish exporters can offer more competitive prices thanks to the elimination of tariffs, as long as they can prove that the product complies with the treaty's rules of origin.

Compliance with customs regulations and standards

Indeed, the tariff controversies of recent months have made these certificates so popular. In demanding markets such as the US, Japan or China, the presentation of certificates of origin is part of standard regulatory compliance. So much so that customs authorities can even detain goods if the required documentation is not presented or if there is suspicion about the declared origin.

Guarantee of authenticity and product traceability

Undoubtedly, for end consumers, knowing who is behind each product is a guarantee of quality when it comes to putting food on their table.

For products of differentiated quality - such as fruit with Protected Designation of Origin (P.D.O.) or food products with Protected Geographical Indication (PGI) - certification of origin also becomes a tool for commercial differentiation, as it guarantees the origin to distributors and consumers.

Are rules of origin the same as certification of origin?

Although they have similar names, it should be clarified that rules of origin and certification of origin are related but distinct concepts.

Rules of origin are the set of criteria that determine the country of economic origin of a good. They can be based on where it is grown (in the case of agricultural products), produced or where substantial processing has taken place.

The certification of origin is the document that proves that these rules have been complied with.

Therefore, the rules are the legal basis that defines the origin, while the certification is the documentary tool that proves it. In other words, there may be products that follow the rules of origin, but are not certified (given that, as we have said, obtaining it requires an additional procedure that is not always carried out).

How do you determine the country of origin of a product?

The country of origin of a product is determined according to the rules of origin mentioned above. Subsequently, customs and certifying bodies are responsible for reviewing all documentation (invoices, manufacturing processes, origin of raw materials) to verify compliance.

How to obtain a certification of origin in Spain, step by step

Documentation required for the application

The process varies depending on the type of certificate requested, but generally a number of common documents are required among exporters, such as:

Commercial invoice for the goods in question (must show the number and date of issue or issue).

Transport document (e.g. consignment note, or in the case of shipments by ship it could be the shipping document).

Application form (which should contain basic information such as the exporter's contact details, the producer's contact details - if different from the exporter's -, the consignee's contact details, a clear description of the goods, the quantity and weight of the goods, the country of origin or the warehouse delivery note, if applicable).

In some cases, they will also ask for a sworn declaration of the origin of the product.

Supporting documentation of the production or transformation process if required (for example, there is a regulation that has not yet entered into force in the EU, which is the European Union Deforestation Free Regulation (EUDR), which in this case would also require certification of traceability at origin).

To avoid delays, it is always advisable to verify that the application is duly completed (rigorously). Many of the delays in customs clearance are due to lack of information (or incomplete or inaccurate information).

Authorities responsible for issuing certification

In Spain, the Chambers of Commerce are the main entities responsible for issuing non-preferential certificates of origin. For preferential certificates, such as EUR.1, management is carried out through the State Tax Administration Agency (AEAT), although their issuance can also be coordinated with the Chamber of Commerce in question. For declarations in the REX system (preferential self-certification), the exporter must register as an authorised operator with the AEAT.

Costs and processing times

Issuance costs vary depending on the Chamber of Commerce and the type of certificate, but do not usually exceed 60 euros per document. The issuing time is relatively quick: for non-preferential certificates, it can be obtained within 24-48 hours; for preferential certificates, the process can take up to 2-3 working days. The key to fast and efficient processing of applications is to have all documentation completed and in order. Here, as in many other cases, we depend on the administrative burden of the issuing authority.

For all these reasons, certificates of origin, more than a mere administrative procedure, are a strategic tool for international agri-food trade. At trade fairs such as Fruit Attraction, where trade relations are consolidated and the excellence of Spanish produce is projected, mastering origin procedures and their correct certification can make the difference between closing a deal or losing an opportunity. Therefore, having a clear documentary strategy and specialised advice is essential for those who wish to position themselves successfully in foreign markets.

FREQUENTLY ASKED QUESTIONS - FAQ

Is a certificate of origin mandatory for all exports?

Not always. Whether it is mandatory depends on three main factors: the requirements of the importing country, the type of product in question (the good) and whether you want to access tariff benefits (or quotas) that require it.

How long does it take to issue a certification of origin?

In Spain, the time to issue a certificate of origin varies depending on the type and the issuing body, but generally for commercial certificates of origin (issued by Chambers of Commerce) it usually takes between 24 and 48 hours, if the documentation is complete.

What happens if a product does not comply with the rules of origin?

If a product does not comply with the rules of origin of the trade agreement, it cannot benefit from reduced tariffs or exemptions. In addition, falsely declaring origin can lead to penalties, export blockages and even legal problems due to document fraud.

How to verify whether a certificate of origin is valid?

The certificates issued in Spain have validation mechanisms through:

1. Digital platforms of the Chambers of Commerce (who issue them).

2. AEAT services

3. Control number and digital signature (in electronic certificates).

In addition, within the framework of the REX system (the so-called ‘self-certification’ system), the public database of registered exporters can be consulted on the European Commission's website.