The UK has signed an agreement with Ukraine, which is in effect.
This guidance provides information on aspects of trade covered by the UK-Ukraine agreement. It is for UK businesses trading with Ukraine.
What the agreement includes
This agreement includes provisions on:
- trade in goods – including provisions on preferential tariffs, tariff rate quotas, rules of origin and sanitary and phytosanitary measures
- trade in services
- intellectual property, including geographical indications
- government procurement
Tariff rates on goods
Tariff rates for bilateral trade in goods between the UK and Ukraine continue to apply as set out in the agreement. However, in some cases, the non-preferential applied rates may, in fact, be lower because of changes in the UK’s Most Favoured Nation tariff schedule.
You can use online tools Trade with the UK and Check How to Export Goods to check product-specific and country-specific information on tariffs and regulations that currently apply to UK trade in goods. These tools are regularly updated to reflect any changes.
Tariff rate quotas
Tariff rate quotas in the agreement have been tailored specifically to the UK.
To find out the tariff rate quotas, see tables 4 and 5 of the parliamentary report.
Rules of origin
Finding the correct rule of origin for export
Depending on the type of good you are seeking to export, in order to claim preferential treatment it will need to be either wholly obtained or sufficiently processed.
To be considered sufficiently processed your good will need to meet the relevant product specific rule (PSR). The PSRs for this agreement use the 2007 version of the Harmonised System (HS) nomenclature. You should apply the PSR for your good using the code in which it was classified under this nomenclature.
In a limited number of cases the code for your good may have changed during HS revisions. We are currently updating our online services to reflect these changes. In the interim correlation tables tracing these changes have been made available by the World Customs Organization and the United Nations
Claiming preferential rates for your exports from the UK
Unless you are permitted to provide an origin declaration, you will need to fill in a certificate of origin to claim preferential treatment.
The UK continues to use the EUR1 and EUR-MED format for movement certificates with trade partners that have mutual free trade agreements (FTAs) with the EU, including Ukraine. These movement certificates are identical to those previously in use, but the place of origin on the certificate is now marked as the United Kingdom instead of the European Community. EUR1 and EUR-MED certificates of origin that have been updated to show the UK are now available from your usual provider, such as the chambers of commerce.
If you previously used the EUR1 form with a mutual EU trading partner, you can use the new EUR1 form that shows the UK as the place of origin. If you previously used the EUR-MED form with a mutual EU trading partner, you can use the new EUR-MED form that shows the UK as the place of origin.
Using EU materials and processing in your exports to Ukraine
You can use EU materials or processing in your exports to Ukraine. The UK and Ukraine must have fulfilled the necessary requirements set out in the Rules of Origin Protocol. You must also ensure the working or processing you do in the UK goes beyond the minimal operations listed in the agreement and that the other relevant conditions are met.
For example, you cannot simply package or label a product from the EU and export it to Ukraine as a good originating in the UK.
See the list of minimal operations in Article 7 of the Rules of Origin Protocol in the UK-Ukraine agreement.
The ability to consider materials from, or processing carried out in, another country as originating when incorporated into your product is called cumulation.
Using materials and/or processing from other countries in your exports to Ukraine
If both the UK and Ukraine have an agreement with one of the other countries provided for in the Rules of Origin Protocol, you can continue using materials, and in some cases processing, from that country in your exports to Ukraine. You must ensure that the working or processing you do in the UK goes beyond the minimal operations listed in the agreement and that the other relevant conditions are fulfilled.
Sending your goods to Ukraine through the EU and other countries
Goods transited through the EU – and any other country with whom cumulation is applicable – are not subject to the same restrictions as those in transit through other third countries.
For example, you can split a consignment in the EU when exporting goods to Ukraine, provided the goods comprising the consignment have not been entered into free circulation in the EU.
Transit through any other third country is possible provided your goods remain under customs surveillance and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.
Goods in transit and retrospective certificates of origin
If your goods were in transit when the EU-Ukraine agreement ceased to apply to the UK, you can obtain a retrospective certificate of origin. This shows that the goods originated in the UK and are eligible for preferential terms if your goods arrived on, or within 12 months after the UK-Ukraine agreement started to apply.
You can get retrospective certificates of origin from your usual provider.
Intellectual property and geographical indications
The UK and Ukraine have agreed that the rights of an author of a literary or artistic work shall run for the life of the author and for not less than 70 years after their death. This ensures continued protection of copyright.
Geographical Indications (GIs) protect the geographical names of food, drink and agricultural products.
Both the UK and Ukraine’s existing GIs remain covered by this agreement.
The following ‘transborder GIs’ that relate to the territory of both Northern Ireland and the Republic of Ireland, are protected in this agreement:
- Irish Whisky/Irish Whiskey/Uisce Beatha Eireannach
- Irish Poteen/Irish Poitín
- Irish Cream
Article Source: Trade with Ukraine – GOV.UK (www.gov.uk)