Switzerland – where do we stand?
Switzerland was one of the contracting states in favour of the revised PEM rules of origin and the Swiss Federal Council approved the provisional bilateral application of the revised rules in June 2020.
In January 2021, the Federal Council submitted the Report on Foreign Economic Policy 2020 to Parliament. Among other things, the report contains the dispatch on the amendment of the PEM Convention and its transitional bilateral application.
Cumulation of EU and Turkish raw materials after Brexit
The UK-Switzerland joint committee agreed during its first meeting on 8 June 2021 that the new PEM rules will also apply for the UK-CH FTA from September 2021 onwards. In addition, the joint committee also agreed that cumulation with EU and Turkish inputs materials is possible effective immediately (starting 9 June 2021). Previously, a cumulation with raw materials originating in the EU or Turkey was not possible under the UK-CH FTA.
The outlook for and impact of the new rules is clear. Thanks to the amendment to the UK-CH FTA and the PEM Convention, Swiss companies will benefit from more modern and flexible rules of origin in trade, not only for trade between Switzerland and the UK, but also for the wider Pan-Euro-Med zone as well.
By eliminating the duty drawback clause from the PEM rules of origin, economic customs procedures (e.g. inward processing relief) could become more relevant for Swiss productions companies.
The new PEM rules result in major simplifications for manufacturers as well as trading companies that want to benefit from preferential duty rates within the Pan-Euro-Med zone. With the help of Data Analytics, companies can efficiently review their current FTA usage to identify potential risks and opportunities, including cash savings.
Recommended actions
We recommend the following actions to implement and benefit from the new PEM rules:
- Determination of whether the new or the old PEM rules should be applied during the transition period
- Ensure that input materials that acquired origin under the new rules are not incorporated into finished or semi-finished products that obtain preferential origin under the old rules, i.e. a consistent approach has to be followed
- Review of current FTA usage to identify risks and opportunities (e.g. cash savings), ideally with the use of data analytics
- Analysis and adjustment of current preferential origin determination process
- Leveraging the simplified rules by automating origin determination
- Amendments of preferential origin clauses in supplier and customer contracts
EY supports businesses in assessing the impact of the new PEM rules and helps them to identify potential savings through efficient FTA usage and processes. With Global Trade Analytics solutions (data analytics, landed cost and bill of material analysis), we are able to analyse the FTA usage as well as perform a general health check and scenario planning of imports and exports.
Summary
The new PEM rules result in major simplifications for manufacturers as well as trading companies that want to benefit from preferential duty rates within the Pan-Euro-Med zone. During the transition period, companies in countries where the new PEM rules have been ratified can choose to apply either the new or the old PEM rules, but they have to ensure that the rules are followed consistently. The long-awaited simplifications will facilitate the automation of the determination of origin and enable companies to benefit from the PEM agreement with significantly less administrative effort.
Acknowledgements
We thank Katharina Köngistädt for her valuable contribution to this article.