Three origin concepts. Veterinary and phytosanitary certificates as a base for customs preferential origin

The Netherlands is one of the largest agricultural 'exporter' in the world. Animals, products of animal origin and vegetable products are agricultural products. Certain documents are required in international trade of agricultural products, such as a veterinary or phytosanitary export certificate. A proof of origin is required to have benefit of preferential treatment in the importing country. On these documents a country (or place) of origin is indicated. A preferential proof of origin can be an origin certificate approved by Dutch Chamber of Commerce and validated by Dutch Customs or exporter' self-certification. Based on verification results, it is common that Dutch Chamber of Commerce approves an origin certificate based on only a phytosanitary export certificate. A phytosanitary or veterinary export certificate is not sufficient evidence to prove the origin of the products, according to Dutch Customs.

Research is needed to determine whether veterinary or phytosanitary export certificates can serve as the only legally valid evidence for determining customs preferential origin. The research focuses on wholly obtained veterinary (excluding fishery products) and phytosanitary products, such as described in the trade agreements for customs preferential origin purposes. The research focuses on the trade agreements which the European Union has agreed with the United Kingdom, pan-Euro- Mediterranean countries, Canada and Japan. This has led to the following research question:

Can a veterinary or phytosanitary export certificate serve as the only legally valid evidence for wholly obtained goods for determining customs preferential origin, allowing a preferential proof of origin to be issued for the goods?