As the title suggests, it's been a year since the implementation of the much-discussed "new ROM" or MERCOSUR Regime of Origin. While we could abandon the term "new" given the time that has passed, we won't do so yet, as in the context of trade and operational issues, new concerns may always arise that need to be addressed.
This column aims to pave the way for the interpretation of certain articles and contribute to the work of commercial operators in their correct use and thus be able to access the benefits established in the new regulations.
On this occasion, and considering that this July 18, 2025 It's been one year since CMC Decision No. 05/23, which implements the MERCOSUR Regime of Origin (ROM), came into force. It's worth reminding trade operators of this date. This is especially relevant because the deadlines for certain transitional provisions established by the law, such as the Certificate of Origin form template, are approaching.
It is worth remembering that during the course of last year and this year, seminars in various areas were held by the ROM negotiators themselves from their national offices and also from the MERCOSUR Secretariat, where the materials presented at that time can still be found.
The transition period will end tomorrow, finally leaving behind the predecessor rule of the ROM—CMC Decision No. 01/09—since, although it was repealed by the rule currently in force, certain precautions had been taken at that time related to the transition to the new mechanisms, forms, and applicable criteria.
Some questions about the operation
In relation to the documentary and evidentiary part, confusion may arise again regarding the new requirements for the affidavit of origin (DJO) as well as the certificates of origin (CO), therefore it is important to highlight that the first (DJO) is the basis for the second (CO) and that situations have been contemplated during the transition year, for example, the period of 12 (twelve) months during which the previous form of the CO provided for in DEC. CMC No. 01/09 could be used, a situation that also covers the DJO.
Therefore, it is important to bring this issue to the table as a reminder that, from now on, for new issues dated after July 18, 2025, operators must fully comply with the provisions and documents established in DEC CMC 05/23.
It is worth highlighting some of the changes previously reflected in publications of interest (*) and which are again relevant on this occasion:
- For the issuance of DJO, the numbering must only follow a consecutive order as each certifying entity decides to do so without any other requirement.
- In the DJO, when using inputs that complied with the tariff policy, the request to enter the CCPAC number in the DJO, in accordance with Appendix VII of the new ROM, was already provided for in Article 19 of DEC CMC 01/09. This number is derived from the corresponding destination number and is assigned by the customs authority in a marking in the system and is known to the operator importing said input.
- The DJO Number field on the Certificate of Origin form is mandatory and cannot be left blank.
- As of July 18, the "standard" field on the Certificate of Origin form must be completed with the standard of origin based on the new ROM (letters A, B, or C). It should be noted that the fields added to the new DEC CMC 7/05 form, which were considered optional during the transition, must now be duly completed in the designated boxes.
Another extremely important aspect is the mention of bilateral agreements in the automotive sector that refer to the ROM. When the bilateral agreement refers to a requirement of ACE 18, using the same ACE 18 certificate of origin requires that the provisions be adapted to the new ROM. Here, it is important to highlight the importance of correctly stating the rule of origin.
With all this in mind, and in line with previous publications describing the main changes in the ROM, it is worth remembering the importance of the fact that, starting with the new ROM, any error in filling out the rules no longer leads to automatic disqualification of origin.
(*) We recommend reading the linked previous articles:
(I.e.https://aduananews.com/el-regimen-de-origen-mercosur-en-adelante-rom/
(I.e. https://aduananews.com/el-proximo-18-de-julio-entrara-en-vigor-el-nuevo-regimen-de-origen-mercosur/
She holds a degree in International Trade (Universidad Nacional de Luján) with postgraduate studies in the Master's Degree in International Economic Relations (Universidad Nacional de Tres de Febrero). She has been a professional development fellow of the Organization of American States (OAS) at the George Washington University School of Law (USA). In the academic field, she is a professor at the Universidad Nacional de Luján. In the professional field, she has been an official of the Secretariat of Commerce dependent on the Ministry of Economy of the Nation, since 2005. Currently, she is the National Coordinator of the Technical Committee No. 3 "Trade Standards and Disciplines" in charge of the negotiations of rules of origin of MERCOSUR; in addition, she is the Alternate National Coordinator of the Technical Committee No. 8 "Transposition of nomenclature of trade agreements with third countries and groups of countries" also of MERCOSUR.
