Application of the European Union (EU) Non-Preferential Rules of Origin for Goods as a Measure to Extend the Scope of Trade Restrictions

Abstract

This article analyses the non-preferential rules of origin for internationally traded goods based on European Union (EU) customs law. This issue is rarely examined in scientific research, which has created a serious gap in knowledge. The rules of origin of goods under customs law do not often perform a neutral function in international trade. On the contrary, they often intentionally serve to expand the scope of trade restrictions. This article discusses the general international rules introduced by the World Trade Organization (WTO) Agreement on Rules of Origin. It also analyses the methods and rules of determining the EU non-preferential origin of goods based on two criteria. The first criterion is related to the determination of rules when only one country is involved in the manufacture of the goods. The other relates to the case where two or more countries deal with the manufacture of the goods. In addition, the method of documenting the non-preferential origin of goods is discussed. The role of binding origin information (BOI) in determining the origin of goods is also discussed. The analysis concludes with a reflection on the principle of non-discrimination and equal treatment in legal terms in relation to the non-preferential rules of origin of goods.