Binding Origin Information
The origin of goods is an important characteristic in international trade. This applies to both preferential and non-preferential (trade policy) origins. Since determining origin can be challenging in individual cases, especially due to the complex regulations for preferential origin, the EU customs law has the instrument of Binding Origin Information (BOI). The legal basis for this is Article 33 et seq. of the Union Customs Code (UCC).
What advantage can BOI provide?
- Assistance in interpreting complicated rules of origin
- Certainty about the origin status of goods and the resulting consequences, such as applicable duties, desired origin countries, etc.
- Based on BOI, documents such as Certificates of Origin, Origin Declarations, Origin Certificates, as well as Supplier's Declarations can be issued. The use for Supplier's Declarations is lesser known.
- Legally binding within the EU, the customs authorities of all Member States are bound by the decision. However, the recipient of BOI is also bound by it.
- If the legal basis changes (e.g., new rules of origin) and BOI becomes invalid, the information can still be used for another 6 months for existing contracts (i.e., preference proofs can still be issued).
Where can I submit an application?
The competent authority depends on the type of origin:
- Preferential origin (Certificates of Origin, Origin Declarations, Supplier's Declarations): the customs authority is responsible, and the main customs office Hannover is the competent authority.
- Non-preferential (trade policy) origin (Origin Certificates): for goods that have been produced or processed within the EU, the Chamber of Commerce and Industry (CCI) is responsible, with the applicant's company being a member. The application is assessed by the origin committee of the German CCIs at the GCCI (German Chambers of Commerce and Industry).
Exception: For agricultural products, the main customs office Hannover is also responsible.
How do I submit an application?
Applications to the customs administration are submitted through the customs portal, where the corresponding form 0305 is also available.
For applications at CCI Gießen-Friedberg, please use the following form (to be provided shortly)!
The application or accompanying documents should provide a clear understanding of the production process, and additional information on raw materials and their origin is also useful. Technical terms should be explained (e.g., what does "tempering" or "annealing" mean?).
For preferential origin, prices usually need to be indicated, depending on the underlying rules of origin.
Discuss the application in advance, as you will receive a preliminary assessment of the outcome from the CCI Gießen-Friedberg.
For applications at CCI Gießen-Friedberg, please use the following form (to be provided shortly)!
The application or accompanying documents should provide a clear understanding of the production process, and additional information on raw materials and their origin is also useful. Technical terms should be explained (e.g., what does "tempering" or "annealing" mean?).
For preferential origin, prices usually need to be indicated, depending on the underlying rules of origin.
Discuss the application in advance, as you will receive a preliminary assessment of the outcome from the CCI Gießen-Friedberg.
Duration, validity, costs
Binding Origin Information is granted within 120 days, provided that the necessary documents are available. It is valid for three years, unless there are changes in the legal basis or the production process. BOI is considered invalid and will be withdrawn if it is based on incorrect or incomplete information provided by the applicant. There is no fee for obtaining BOI. Any incurred expenses such as analyses, expert opinions, or return of goods may be charged to the applicant.
Stand: 23.09.2024