Import regulations into the European Union are stringent and complex. Quality control and product safety are a huge concern for products entering the EU, so you will have to make sure your products pass muster with the proper regulatory bodies. Taxes and rules of origin regulations are also complicated.
The EU has developed an online service to help guide exporters through the red tape, called Trade Helpdesk:
Information on clearing customs on the Canadian side can be found in section 2.1.
Classifying Goods
The Combined Nomenclature (CN) is the EU’s goods classification system, based on the international Harmonized System Nomenclature (HS) run by the World Customs Organization.
The EU’s Combined Nomenclature is updated every year. TARIC, the EU’s tariff database, can also be used to find codes.
Being able to correctly identify product codes is important to understand applicable duties and controls on those products.
The first six digits of an HS code are common to all markets, while the remaining four digits are unique to the EU.
Taxes and Tariffs
Customs Duties
The 28 EU member states apply the same tariff on goods from outside the EU (the Common Customs Tariff), and once the goods have cleared customs, they can circulate freely and be sold throughout the Union.
Most duties are expressed as a percentage of the import price (ad valorem), but some are subject to a duty based on a fixed amount per physical unit: such as kilograms, litres or percentage of alcohol content.
Some products are subject to variable import duties, such as cereals, which are paid on a declared customs value that includes the purchase price and shipping and insurance costs.
The TARIC database lists the duty applicable to any product.
Value-added Tax
Goods imported into the EU are subject to VAT at their point of entry.
When goods are imported to one EU country but intended for use in another, they are eligible for a VAT suspension agreement. The VAT is then charged in the destination country rather than the point of entry.
VAT is paid by the importer at the rate that applies in the importing country. VAT rates are fixed within 5 to 15 per cent.
VAT rates for each member state are posted on the European Commission website.
Excise Duties
Alcohol, tobacco and energy products are subject to excise duties.
The duty is only due once the product is released for consumption, and it’s paid to the country where the goods are consumed or used, rather than the point of entry.
The EU sets minimum excise duties, but members can set higher rates.
Tariff Rate Quotas
Under tariff rate quotas, specific quantities of goods can be imported into the EU at reduced or zero-duty rates. Once a quota is reached, a higher rate applies to additional imports.
Tariff rate quotas are applied to imports of beef, bison, pork, some cereals and dairy products.
The Comprehensive Economic and Trade Agreement (CETA) between Canada and the EU has brought with it new quotas for food products.
Import Licenses
Imports of some agricultural, textile and metal products require an import license issued by EU authorities. These are generally issued on request, except when tariff rates apply.
More information on import licenses for agri-goods can be found here.
Documentation
All goods entering the EU need to be declared using the Single Administrative Document. This is used in all EU countries and is usually completed by the importer or their agent.
Additional documents may be required for certain goods: commercial invoices, bills of lading, certificates of origin, import licences and inspection certificates.
Food and Agriculture Safety
The European Food Safety Authority provides scientific advice on food-safety issues, independent from the European Commission’s Directorate-General for Health and Food Safety, which regulates imports.
Food labels must include information about nutrition, list all potential allergens and meet specific standards of legibility. Some products also require listing product origin, and the labels for unprocessed frozen meat and fish products must indicate the date of freezing.
Food packaging must comply with the EU requirements for food contact materials.
Animals and animal products can only be imported into the EU under the following conditions:
Fishery products need a catch certificate to demonstrate that the product has been caught legally as well.
Imports into the EU of plants must also follow certain conditions:
These regulations also apply to wood used as packaging, which must either be heat treated or fumigated.
Special rules may apply to the following:
Safety Requirements for Other Products
Market-surveillance is carried out by member states, which share information about dangerous products throughout the EU—this can result in recalls, withdrawals or restrictions.
The CE mark indicates a product’s compliance with EU safety, health and environment protection standards, and is mandatory for products like electronics and medical devices.
This label doesn’t apply to food, vehicles, chemicals, cosmetics, pharmaceuticals or biocides.
A product with the CE mark can be sold anywhere in the European Economic Area.
The European Commission lists the following categories of products which require a CE mark:
In some cases, multiple categories can apply to the same product. It’s important to be positive whether or not your product needs a CE mark, as it’s illegal to use a CE mark on a product that does not fall into one of the aforementioned categories.
To obtain a CE mark, there are six steps:
*A formal declaration that the product meets all requirements, which must be in the official language of the country of import.
It’s possible to designate an importer to carry out this task on your behalf, but it’s only mandatory to do so for medical devices.
To find a certified testing facility for your product, check out the NANDO database.
Chemicals
Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) is the EU regulation of chemicals, run by the European Chemicals Agency.
REACH governs all chemical substances manufactured, imported or used in the EU, as well as chemicals contained in the preparation of finished products.
To ensure compliance with REACH, which is an extremely complex regulation, seek out expert advice from an importer or a legal professional.
Mandatory Labels
Any package containing substances or mixtures classified as hazardous must be clearly labelled with:
The EU’s Classification, Labelling and Packaging regulation follows the Harmonized System for Classification and Labelling of Chemicals, and classifies chemicals according to their hazardous properties.
Hazardous materials must be packaged so as to prevent loss of contents, be made of resistant materials and have sealable fastenings.
Biocides
Biocidal products contain active substances and are used against harmful organisms like pests and bacteria. They include disinfectants, repellents, insecticides, wood and material preservatives, and anti-fouling paints.
The authorization of biocidal products for the EU market involves two steps: authorization at the EU level, and at the national level.
For Canadian exporters, this means only products treated by active substances approved by the EU will be allowed in. There are also labelling requirements for certain treated products.
Cosmetics
Before bringing cosmetics into the EU, these products require:
Pharmaceuticals
Medicinal products must be authorized at either the member state or EU level. Authorizations for these products to enter the EU require the use of an EU-based importer.
Companies may submit a single application to the European Medicines Agency. This agency authorizes the marketing of medicines in all member states.
At the member-state level, companies have the choice between:
The decentralized procedure
Companies apply for marketing authorization simultaneously in several countries with one country acting as a reference.
The mutual-recognition procedure
Companies that have a medicine authorized in only one country can then apply for that specific authorization to be recognized in other member states.
For cosmetic labelling, containers and packaging must be marked with the following information:
Energy Labelling
Energy labels, which relay information about energy efficiency, are mandatory for all appliances and energy-related products sold in the commercial and industrial sectors in the EU.
The label must provide information about noise emission, consumption of water and energy, as well as a product’s energy-efficiency ranking—an A to D letter scale.
Source: TCS
