The Customs Tariff (Preferential Trade Arrangements) (Amendment) Regulations 2025

Published: Wed 5th Nov 25

These Regulations, made by the Treasury with the recommendation of the Secretary of State under powers granted by the Taxation (Cross-border Trade) Act 2018, amend existing 2020 regulations to update the Republic of Korea Free Trade Agreement documentation.

Specifically, the amendment replaces the reference in Schedule 1 to the applicable origin reference document with version 1.3, dated 31st October 2025, to give effect to an exchange of notes between the UK and South Korea concerning the extension of cumulation of origin and direct transport provisions related to the European Union, and they come into force on 31st December 2025, extending across the whole of the UK.

Arguments For

  • Facilitates ongoing alignment and technical updates required for the UK-Republic of Korea Free Trade Agreement (FTA).

  • Ensures that UK customs procedures correctly reflect the currently agreed-upon terms, specifically regarding the cumulation of origin and direct transport provisions that incorporate the European Union's status under the agreement.

  • Provides legal certainty for businesses engaged in trade between the UK and South Korea by enacting the latest agreed-upon technical documentation (version 1.3 of the Origin Reference Document).

Arguments Against

  • Modifies existing statutory instruments, potentially creating minor administrative burdens for customs brokers or traders who must update their compliance systems to reference the new document version.

  • The amendment necessitates scrutiny to confirm that the specified change regarding EU-related cumulation provisions correctly reflects the UK's post-Brexit trade relationship framework with the Republic of Korea.

  • The use of an Exchange of Notes suggests an administrative adjustment rather than a major legislative overhaul, potentially masking deeper complexities in the updated rules of origin.

These Regulations are made by the Treasury in exercise of the powers conferred by sections 9(1), 17(6) and (7) and 32(7) and (8) of the Taxation (Cross-border Trade) Act 2018 (“the Act”).

Further to sections 9(3) and 17(8) of the Act, the Secretary of State recommends that these Regulations be made.

Further to section 28 of the Act, the Treasury, in exercising the function of making these Regulations and the Secretary of State, in making recommendations about these Regulations, have had regard to the international arrangements to which His Majesty’s government in the United Kingdom is a party that are relevant to the exercise of those functions.

Citation, commencement and extent

1.

These Regulations—

may be cited as the Customs Tariff (Preferential Trade Arrangements) (Amendment) Regulations 2025;

come into force on 31st December 2025;

extend to England and Wales, Scotland and Northern Ireland.

Amendment of the Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020

2.

The table in Schedule 1 (agreements to which these Regulations apply) to the Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 20202 is amended as follows3.

In the row relating to the Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Korea, for the entry in the third column, substitute—

“The Republic of Korea Origin Reference Document, version 1.3, dated 31st October 2025.”.