A business that is exporting goods may sometimes have to provide proof of the origin of said goods. To this end, it will need to provide a certificate of origin which must accompany the goods.
The certificate of origin is a document used in all Member States of the European Union.
In Luxembourg, businesses can request these certificates:
- by mail to the House of Entrepreneurship – One-Stop Shop;
- online through the 'DigiChambers' system set up by the Belgian network of Chambers of Commerce (where the Luxembourg Chamber of Commerce is a member).
These European Community certificates of origin (also know as 'non-preferential origin certificates') are not to be mistaken with the Movement certificate EUR.1 (known as 'preferential origin certificates').
Who is concerned
A exporting business whose client requests proof of origin of the ordered goods must be able to provide a certificate of origin to the client/importer.
The Luxembourg Chamber of Commerce issues certificates of origin to Luxembourg businesses which are member of:
- the Chamber of Commerce;
- the Chamber of Skilled Trades and Crafts;
- or the Luxembourg Chamber of Agriculture.
Each business must be able to provide proof of the origin of its products.
A good is deemed to have originated in the EU if:
- it was entirely manufactured in the EU with Community products exclusively;
- several countries were involved in the manufacturing process and its last substantial working or processing:
- is economically justified;
- took place in the EU, in a company equipped to that effect;
- and resulted in the manufacturing of a new product or represented a significant stage in the manufacturing.
How to proceed
Certificate of origin – paper format
Registration of signatures
Certificates of origin in paper format are only available to businesses who have registered the signatures of their representatives which have been authorised to apply for certificates of origin to the Luxembourg Chamber of Commerce.
The form for the lodging of signatures is available at the Chamber of Commerce on simple request. It must be signed by a legal representative, i.e. a person named in the extract of the trade register, and eventually one or more other authorised persons.
The form must be submitted together with copies of the identity cards or passports of the people named on the form.
Application for certificates of origin
After the signatures have been registered, the authorised persons can:
- purchase a form for the certificate of origin which consists of 4 leaflets (1 original which must accompany the merchandise, 1 yellow copy, 1 green copy and a pink application form) from the House of Entrepreneurship - One-Stop Shop (cost of the certificate of origin: EUR 3.50);
- fill in all 4 copies manually or use the template file provided by the Chamber of Commerce which allows to fill in the required data on a computer and to print the data concerned in the right fields directly on the forms;
- sign the pink leaflet (only a person with a registered signature is authorised to sign);
- send the 4 copies to the House of Entrepreneurship – One-Stop Shop.
If the goods are of non-EU origin, the business must attach a proof of origin to its application (seller's invoice or certificate of origin of the country where the goods were purchased).
The Chamber of Commerce will verify the validity of the signature and give or send back the legalised certificate of origin to the applicant together with 2 copies thereof.
It will keep the pink leaflet as well as the proof of origin if the goods are of non-EU origin.
Depending on the case, the destination country may require an additional legalisation of the certificate of origin (approval and stamp by the Ministry of Foreign and European Affairs or by a Luxembourg diplomatic or consular mission and failing this, a Belgian diplomatic or consular mission).
Certificate of origin - electronic format
Certificates of origin can be provided online and the business must simply register on the 'DigiChambers' system and send back a signed copy of the General terms and conditions - DigiChambers to the House of Entrepreneurship - One-Stop Shop.
The General Terms and Conditions must be signed by a duly authorised business representative, i.e. someone who is named in the extract of the trade register.
The use of the system will be charged EUR 35 per year and user (LuxTrust connection) who connects to the system during the year. The number of connections per user is unlimited.
Application for certificates of origin
After the registration, users can:
- connect to the 'DigiChambers' system;
- complete the application for a certificate of origin in the system (cost: EUR 6.50);
- where applicable, attach the certificates of origin of the goods (seller's invoice or certificate of origin from the country concerned).
After the application has been validated by the Chamber of Commerce, the applicant can directly print out his certificate of origin in colour with the 'DigiChambers' system.