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Chapter 4: Customs, Regulations and Standards

Travel & Tourism

Overview

Travel and tourism is the second-largest export industry in the United States and the largest services sector export. Every 40 visitors to the U.S. will create one new U.S job. For 2016, the National Tourism and Travel Organization (NNTO) estimates a total of 74.7 million international visitors to the United States and 2.2 million visitors from Germany. Germany is ranked 6th worldwide in terms of visitors per year making it a profoundly important market for the U.S.
 
The U.S. Travel Association estimates that spending by international travelers to the United States in 2016 reached USD 246 billion and supported directly or indirectly 1.2 million of the 7.3 million American jobs in the tourism industry. (This includes passenger fares on U.S. carriers by international travelers to the United States.) In 2015, German visitors to the United States spent a total of USD 8.879 billion (ranked 9th worldwide and 2nd after the UK in Europe).
 
Promotion

Germany hosts the world’s largest travel show, ITB, making Germany a premier marketplace for U.S. tourism companies to reach their global partners and buyers. VUSA Germany (Visit USA Committee Germany e.V.), together with Brand USA, will promote the VISIT USA brand at 4 major consumer travel shows, 3 trade events, 2 media events, several networking events and online and in print. In addition, Brand USA will conduct familiarization trips to the U.S. for travel agents, promote their giant screen film on the U.S. National Park Service (as part of its great outdoors theme), support culinary tourism events and continue its cooperative advertising campaign with major tour operators. The goal is to attract 2.23 million German visitors to the United States in 2016.

Policy Objectives and Challenges

Policies in the German and European markets for travel to the United States which could potentially cause challenges are  flight access, visa waiver, ESTA, immigration issues, and drivers’ license issues.

The Commerial Service will continue to follow the latest policy developments and discussions in Germany led by trade organizations such as DRV (German Travel Agents and Tour Operator Association) and VUSA (Visit USA Committee Germany e.V.) and monitor travel related media coverage and report these back to NTTO so that U.S. clients are better positioned to maintain the 2.23 million visitor goal from Germany.

Trade Events

TC Leipzig: www.touristikundcaravaning.de

CMT Stuttgart: www.messe-stuttgart.de/cmt

Reisen Hamburg: www.hamburg-messe.de/reisen

f.re.e Munich: www.free-muenchen.de

ITB Berlin: www.itb-berlin.com

IMEX Frankfurt: www.imex-frankfurt.de

Travel Expo & FVW Congress Cologne (B2B fair): www.fvw-kongress.de/

Web Resources

Entry and visa regulations information:

http://germany.usembassy.gov/visa/

https://esta.cbp.dhs.gov

Other:

Official site of the Visit USA Committee Germany e.V.: www.vusa.travel

Brand USA’s consumer website in German: www.visittheusa.de

Consumer travel website on United States in German: www.usa.de

German landing page for Recreation.Gov: www.natuerlichusa.de

ICT

Overview

Germany has one of the largest ICT markets in the world and U.S. suppliers are key market players in all segments. According to the German association for information technology, BITKOM, the subsector market sizes (in EUR billion) in 2016 were: IT-Hardware 24.0, Software 23.0, IT-Services 39.0, Consumer Electronics 9.2, Telecommunication devices 10.7 and telecommunication infrastructure 6.6.

Germany hosts several key ICT trade shows, making it a premier marketplace for U.S. companies to reach global partners and buyers. U.S. exhibitors have frequently found buyers from Europe, Middle East, Africa, Asia and Latin America at CeBIT.

Computers, Electronics and Visual Products was the largest U.S. export sector to Germany in 2016 with $8.5 billion of exports (according to the German Federal Statistics Office).

ICT is a German Government priority. Germany’s economic and innovation policy focuses on digital infrastructure, digital economy, digital workplaces, innovative public administration, digital environments in society, education, research, science, culture and media, security, protection and confidence for society and business, and European and international dimension of the Digital Agenda.

Best Prospects for U.S. exports

Key segments and topics of interest include IT Security, Internet of Things, Big Data, Health IT, Cloud Computing, Business IT: EPR, Data Centers, Smart Social Business Platforms, Integrated Systems, Virtual & Augmented Reality and Digital Factory.

Major subsectors in 2016 for U.S. exports were computers ($544 million), computer accessories ($620 million), and telecom equipment ($1.3 billion.)

Policy Objectives and challenges

Potential challenges include the possible impact of the EU Digital Single Market and the General Data Protection Regulation on U.S. ICT companies, and the latest Cybersecurity policy developments.

The Commercial Service aims to follow these developments and continue to work with Associations and multipliers such as BMWi (German Federal Economics Ministry), BITKOM (Association for Information Technology), BDI (Federation of German Industries), GTAI (Germany Trade and Investment) and Amcham (American Chamber of Commerce). This year G20-related digital policy events will be a major focus.

Trade events

  • Cebit, Messegelände, 20-24 March 2017

http://www.cebit.de/en/\

  • NAB, Las Vegas, 22-27 April 2017

http://www.nabshow.com/

  • InfoSecurity Europe, London, 06-08 June 2017

http://www.infosecurityeurope.com/

  • Gamescon, Cologne, 23-26 August 2017

http://www.gamescom-cologne.com/gamescom/index-9.php

  • IFA Berlin, Berlin, 01-06 September 2017

http://b2b.ifa-berlin.com/

  • it-sa, Nuremberg, 10-12 October 2017

https://www.it-sa.de/en

  • CES, Las Vegas, 09-12 January 2018

http://www.ces.tech/

  • ISE-Europe, Amsterdam, 6-9 February 2019

https://www.iseurope.org/

Web Resources

Trade Associations:

www.bitkom.org

www.bitmi.de

www.teletrust.de

www.eco.de

www.nifis.de

www.biu-online.de

www.vatm.de

Government Entities:

Federal Office for Information Security: www.bsi.de

German Regulatory Authority: www.bundesnetzagentur.de

Trade Publications:

www.computerwoche.de

www.crn.de

www.channelpartner.de

www.eito.com

Advanced Manufacturing

Overview

Advanced Manufacturing (AM) - the convergence of information and communications technologies with manufacturing processes to drive real-time control of energy, productivity and costs across factories and companies - was identified as one of the highest-priority manufacturing technology areas in need of federal investment. Harnessing advanced sensors, controls, information technology processes and platforms, and advanced energy management systems, advanced manufacturing has the potential to drive energy efficiency and U.S. manufacturing competitiveness in a range of sectors.

The OPC Foundation (Object Linking and Embedding for Process Control) signed an MOU with the VDMA the (Mechanical Engineering Industry Association) in June 2016 to proceed in the OPC UA Machine Vision Companion Specification to make machine vision and robotics industry fit for Industry 4.0 and for the factory of the future. This will help SMEs to implement robotics and machine vision software language with their products

Best Prospects for U.S. exports

Advanced Manufacturing is believed to provide best export potential for industries such as Machine Tools/General Industrial Equipment, Robotics, Information and Communication Technology, Process Control Instrumentation and Electronics Industry Production Equipment for the next 5 to 10 years. 84 % of German manufacturers plan to invest EUR 50 to 100 billion into smart manufacturing technologies until 2025, but only 20% are already spending money on investments.

Policy Objectives and Challenges

Challenges for the involved industries and supporting governments are the definition of reference architecture and frameworks necessary for interoperability, and how to build confidence around new and innovative approaches to security. In April 2016, the two major international players, the International Internet Consortium (IIC) and the German-led Industrie 4.0, agreed to collaborate for the benefit of interoperability of systems from the different domains. The Commercial Service will continue to be a point of contact for the Bureau of Industry & Security for activities in our sectors. They will also continue to follow the latest policy developments and discussions in Germany led by the German government and relevant associations, such as the ZVEI (Zentralverband Elektrotechnik- und Elektronikindustrie.)

Trade Events

  • Hannover Fair, Hannover, 24-28 April, 2017

http://www.hannovermesse.de/home

  • Sensor & Test, Nuremberg, May 20-June 01, 2017

https://www.sensor-test.de/welcome-to-the-measurement-fair-sensor-test-2017/

  • World of Photonics, Munich, June 26-29, 2017

http://www.world-of-photonics.com/

  • EMO, Hannover, September 18-23, 2017

http://www.emo-hannover.de/home

  • DGM Europe & Beyond, Cleveland, Sept 18-20, 2017

http://2016.export.gov/discoverglobalmarkets/

  • productronica, Munich, Nov 14-17, 2017

http://www.productronica.com/index-2.html

  • embedded world, Nuremberg, Feb. 27-Mar 1, 2018

https://www.embedded-world.de/en

  • Cebit, Hannover, Jun 11-15, 2018

http://www.cebit.de/en/

Web Resources

Industrial Internet Consortium (IIC)

http://www.iiconsortium.org/

Federation of German Scientists (VDW)

http://www.vdw-ev.de/english/

OPC Foundation

https://opcfoundation.org/

Smart Cities

Overview

Cities consume two-thirds of the world’s major resources. Transforming municipalities into smart cities would allow for gigantic savings, up to $22 billion between now and 2050, and drastically reduce pollution. With 75% of Europeans and 80% of Americans living in cities it is no surprise that the U.S. and Europe, and especially Germany, are spearheading “smart cities” projects with investments, research and technologies. In October 2016, the White House announced it would support its Smart Cities Initiative with $80 million. The U.S. DoT also announced a $165 million investment in smart-city solutions as part of the White House’s Smart Cities Initiative. However, most of America's smart city progress is not directed or funded at a federal level, but is privately funded.

The German Ministry of Education and Research operates a program called the “City of the Future,” offering funding of EUR 150 million for a range of projects that bring local residents, researchers, local government, and municipal utilities together to work out ideas and solutions for cities.

The global market for smart-city solutions is expected to grow by 20 percent annually to reach a volume of EUR 1 trillion by 2020. Hence, sustainable technologies in the industry segments listed below have excellent prospects for medium and long-term growth for U.S. manufacturers and service providers.

Best Prospects for U.S. exports

Building and construction: energy-efficient buildings and modernization reduce electricity demand

Energy: expansion of renewable energy generation, smart grids and distribution, and storage systems

Transportation/Logistics: investment in public transport and smart traffic systems, e-mobility

Environmental technology: new solutions for waste recycling and waste-water treatment

Ports: fully automated port where all devices are connected via IoT

Management: Planning and organization, models for financing and cooperation in administration, public facilities and the municipal economy, security for critical infrastructure

Policy Objectives and Challenges

Trade barriers often pose a challenge for both the economy and consumers. The Commercial Service will continue to support initiatives of the U.S government and the respective German Federal Ministries to eliminate these and build up new prospects. With regards to Smart Cities, there has been an increased risk of data security breaches, vulnerabilities to invasions of privacy and concerns about software reliability.

Trade Events

  • European Utility Week, Amsterdam, 3-5 October 2017

http://www.european-utility-week.com/

  • Energy:

o PowerGen Europe, Cologne, June 27-29, 2017

http://www.powergeneurope.com/en_GB/index.html

o PowerGen International, Las Vegas, December 5-7, 2017 (Distributed energy, smart grid infrastructure solutions )

http://www.power-gen.com/index.html

  • Building and Construction:

o Greenbuild Expo, Boston, 08-10 November 2017 (Energy efficient buildings)

https://www.greenbuildexpo.com/en/home.html

  • Transportation/Logistics:

o IAA Frankfurt, Frankfurt, 14-24 September 2017 ( New Mobility World)

http://www.iaa.de/en/

  • Environmental technology:

o Wasser Berlin, Berlin, 28-31 March 2017 (digitalization in the water industry)

http://www.wasser-berlin.de/en/

o IFAT Munich, Munich, 14-18 May 2017

http://www.ifat.de/index-2.html

  • Ports:

o SMM Hamburg, Hamburg, 4-7 September 2018 (smart ports, technology for fully automated ports)

http://www.smm-hamburg.com/en/

  • Management:

o CeBIT Hannover, Hannover, 11-15 June 2017

http://www.cebit.de/en/

o Smart City Expo World Congress, Barcelona, 14-16 November 2017

http://www.smartcityexpo.com/congress-overview

Web Resources

Germany Trade & Invest

http://www.gtai.de/GTAI/Navigation/EN/invest,t=what-is-smart-smart-cities,did=630850.html

Germany Trade & Invest

www.gtai.de/GTAI/Navigation/EN/Invest/Industries/smarter-business.html

German Partnership for Sustainable Mobility

www.german-sustainable-mobility.de

Bundesverband Smart City e.V. (Federal Associationa Smart City, link only in German) www.bundesverband-smart-city.de

Smart Cities Council

http://smartcitiescouncil.com/

Healthcare

Overview

The Healthcare/Life Sciences (HCT) industry is a priority both for the EU and Germany as reflected in the EU Fund for Regional Development (EFRE)) program 2014-2020 and the German Länder implementation and tendering of this program. Implementation will focus on smart health and aging; the German Government has established councils to pave the way for an integrated and cost-efficient healthcare system. All of this should result in increased opportunities for U.S. suppliers to participate in healthcare infrastructure development projects and partner with German and EU firms and offer export opportunities for U.S. health solutions providers.

Medical Technologies (MED) is the key sector of the HCT industry. The U.S. is home to the world’s leading medical device manufacturers, which employ more than 400,000 Americans directly and 2 million indirectly. Roughly 90% of the over 7,000 medical device manufacturers are often export-ready SMEs, and many of the world’s largest medical device manufacturers. Germany is Europe’s largest market for medical devices and the world’s third largest behind the United States and Japan, accounting for roughly EUR 30 billion annually. Key industry drivers include the innovative strength of the sector; a solid financial basis of the industry, 80% of which are SMEs, and a vibrant startup scene. All major U.S. suppliers, such as GE Healthcare, Medtronic and 3M, have subsidiaries in Germany. U.S. medical device exporters continue to hold a 27-30% share of the German import market.

Germany hosts the world’s largest annual HCT trade show, MEDICA, making Germany a premier marketplace for U.S. companies to reach their global partners and buyers. The U.S. HCT industry, represented by 500+ U.S. exhibitors, converge every year for the 4 day long MEDICA trade show to sell to Europe and the rest of the world.

Best Prospects for U.S. exports

Other HCT sectors include: pharmaceutics, dental products, biotechnology, cosmetics, nutritional supplements and death care. Promising sectors for U.S. suppliers include:

Pharmaceuticals: The German pharmaceuticals market was valued at $58.8 billion in 2016 and remains one of the most attractive worldwide over the coming years. Major growth drivers are the aging population and chronic diseases. It is regarded as a test market for other EU countries for pricing and distribution.

Biotechnology: German market biotech dedicated to medical/life sciences is valued at $1.6 billion with around 300+ local players. In addition, most pharma giants such as Bayer, Merck, Boehringer and U.S. subsidiaries (Pfizer, Amgen, etc.) have their own biotech development in pre-clinical pharma and also license in/out. There are good opportunities for US biotech startups/SMEs to seek partnerships with large pharma in Germany and incubator/accelerator partnerships.

Dental products: Dental product sales from 200 German Dental Association member companies was valued at $5.2 billion (+6.7 %) in 2015; exports accounted for $3.3 billion (+4.7 %), and sales in Germany totaled $ 1.9 billion (+5.6 %). This constitutes a substantial growth in exports with a very stable home market and presents good opportunities for U.S. supplier and collaboration partnerships.

Cosmetics: Germany is Europe’s largest cosmetics market, with sales valued $14.3 billion in 2016. The natural cosmetic products segment presents excellent opportunities for U.S. exporters with annual growth of 9% and consumer spending of $1.16 billion.

Nutraceuticals: Germany’s nutritional supplements market is valued at $4.3 billion (2015) and has estimated 5-7% annual growth over the next five years. Every third German consumes supplements and Germans are increasingly health-conscious and pay out of pocket. The market is highly saturated and regulated. Pharmacies, drugstores, and online sales are the major distribution channels.

Policy Objectives and Challenges

The Commercial Service will evaluate the broad impact of trade policies on German companies in the HCT and Life Sciences sector, with a particular focus on SMEs by working with the local MED cluster and their members and encourage a positive outlook on transatlantic trade among industry contacts we meet at events and in the context of partner search outreach. We will also organize a workshop on Compliance in Trade with a local strategic partner (7/2017).

We will follow the latest healthcare policy developments and discussions in Germany, and work with U.S. associations, such as the Advanced Medical Technology Association and Medical Device Manufacturers Association based in Washington to ensure fair access for U.S. firms to the German and European markets

Trade Events

  • ConhIT April 17-19, 2017, Berlin

http://www.conhit.de/en/

  • eHealth Week Malta, 10-12 May 2017

http://www.ehealthweek.org

  • BIO’2017 Convention San Diego/CA, 19-22 June 2017

http://www.convention.bio.org/2017/

  • American Hospital Association’s Leadership Summit San Diego, 27-29 June 2017

http://www.healthforum-edu.com/summit/index.dhtml

  • Expopharm Dusseldorf, 13-16 September 2017

https://eventegg.com/expopharm/

  • Bio-Europe Berlin, 6-8 November 2017

https://eventegg.com/bio-europe-2017/

  • MEDICA Dusseldorf, November 13-17, 2017

http://www.medica-tradefair.com/

  • Cosmoprof Bologna, 16-19 March 2018

http://www.cosmoprof.com/

  • Analytica Munich, 10-13 April 2018

http://www.analytica.de

  • BEFA FORUM International Dusseldorf, 10-12 May 2018

http://funeo.info/

  • International Dental Show 2019 Cologne, 12-16 March 2019

http://english.ids-cologne.de

Web Resources

Local Associations

www.bvmed.de

http://www.zvei.org/en/subjects/health/Pages/default.aspx

www.spectaris.de

www.dkgev.de

Government Links:

  • Healthcare Procurement and Tenders:

https://www.bund.de/Content/DE/Ausschreibungen/Suche/Formular.html?nn=4641482&cl2Categories_LeistungenErzeugnisse=leistung-medizintechnik

https://www.bmbf.de/foerderungen/bekanntmachung-978.html

  • Private provider:

http://www.medizinprodukte-ausschreibungen.de/cms/

  • Government Health Plans:

International Federation of Health Plans

http://www.ifhp.com/our-members/

Association of Public Health Plan Providers

https://www.gkv-spitzenverband.de/

Aerospace/Defense/Security

Overview

U.S. aerospace & defense manufacturers produce the highest trade surplus, year after year, of all manufacturing sectors. In 2016, U.S. aerospace exports to Germany amounted to $6 billion. The trade surplus was $3.06 billion, representing a 36% increase over 2015 ($2.24 billion). Aerospace & defense is complemented by homeland security & public safety, an industry spanning across 16 vertical markets with estimated 2017 revenues of $60 billion in the United States. U.S. manufacturers are well-positioned to profit from global market growth.

Germany hosts the world’s third-largest trade show for aerospace & defense (ILA Berlin Air Show), the world’s largest trade show for aircraft cabin interiors (Aircraft Interiors Expo / AIX) and Europe’s largest trade show for general aviation (AERO), making it an ideal platform for U.S. companies to meet with their global partners and buyers. The major safety & security shows that are relevant for the German market are held in London (DSEI) and Paris (Milipol).

Germany has the third-largest aerospace & defense market in Europe, with 2015 revenues at €34.7 billion, following France at €58.3 billion and the UK at €36.2 billion. The German homeland security & public safety market is estimated to cross $15 billion by 2017 will experience annual growth rates of more than 15% until 2020 due to a major upgrade of the German internal security and migration enforcement infrastructure technology after the 2015/2016 terror attacks in France, Belgium and Germany.

Aerospace is a German Government priority. The Federal Ministry of Economic Affairs and Energy (BMWi) lists aerospace as a key industry with high growth rates and a strong industrial core in Germany. BMWi’s “Aerospace Strategy” from March 2014 states that the aerospace sector is of particular importance for Germany as an industrial country both technologically and economically.

Best Prospects for U.S. exports

The main vertical markets for homeland security & public safety in Germany are airport security, smart borders, telecommunications and critical infrastructure, and police modernization.

Policy Objectives and Challenges

U.S Suppliers should be aware of the effects of the Export Control Reform (ECR) regarding changes to the EAR and ITAR to U.S. aerospace & defense companies. The Commercial Service will continue to support U.S. companies by conducting frequent and active outreach to the Bundeswehr’s Federal Office of Equipment, Information Technology and In-Service Support (BAAINBw) in Koblenz, and following the latest aerospace, defense and security policy developments and discussions in Germany. On an international level, we will gain insight from organizations, such as the Aerospace and Defense Industries Association of Europe (ASD), the U.S. Aerospace Industries Association (AIA) and Homeland Security Research (HSR) in Washington, D.C. to understand their positions on transatlantic trade issues, and communicate U.S. objectives.

Trade Events

  • Paris Air Show, Paris, June 19-23, 2017

https://www.siae.fr/en/

  • DSEI , London, September 12-15, 2017

https://www.dsei.co.uk/

  • DGM Europe & Beyond Cleveland 2017, Sept 18-20, 2017

http://2016.export.gov/discoverglobalmarkets/

  • AIRTEC, Munich, October 24-26, 2017

http://airtec.aero/

  • Milipol, Paris, November 21-24, 2017

https://en.milipol.com/

  • ILA Berlin Air Show, Berlin, 25-29 April 2018

http://www.ila-berlin.com

  • Aircraft Interiors Expo, Hamburg, 10-12 April 2018

http://www.aircraftinteriorsexpo.com/

  • AERO, Friedrichshafen, 18-21 April 2018

http://www.aero-expo.com

Web Resources

German Aerospace Industries Association (BDLI):

http://www.bdli.de

German Airport Technology & Equipment:

http://www.gate-alliance.de

HANSE AEROSPACE e.V.:

http://www.hanse-aerospace.net

ALROUND (Association of Aerospace-oriented SMEs in Germany):

http://www.alround.de

German Helicopter Association (DHU):

http://www.dhv-org.de

Trade Barriers

Germany's regulations and bureaucratic procedures can be a difficult hurdle for companies wishing to enter the market and require close attention by U.S. exporters. Complex safety standards, not normally discriminatory but sometimes zealously applied, complicate access to the market for many U.S. products. U.S. suppliers are well advised to do their homework thoroughly and make sure they know precisely which standards apply to their product and that they obtain timely testing and certification.

For more information and help with trade barriers please contact:

  • International Trade Administration

Enforcement and Compliance
(202) 482-0063
ECCommunications@trade.gov

http://trade.gov/enforcement/

Information on agricultural trade barriers can be found at the following website:

http://www.usda-eu.org/

To report existing or new trade barriers and get assistance in removing them, contact either the Office of Trade Agreements Negotiations and Compliance at http://tcc.export.gov/ or the U.S. Mission to the European Union at http://export.gov/europeanunion/

Import Tariffs

The TARIC (Tarif Intégré de la Communauté), is available to help determine if a license is required for a particular product. Moreover, the European Commission maintains an export helpdesk with information on import restrictions of various products. http://www.exporthelp.europa.eu/thdapp/display.htm?page=rt%2Frt_ImportRestrictions.html&docType=main&languageId=en

Many EU member states maintain their own list of goods subject to import licensing.

For example, Germany's "Import List" (Einfuhrliste) includes goods for which licenses are required, their code numbers, any applicable restrictions, and the agency that will issue the relevant license. The Import List also indicates whether the license is required under German or EU law.

Import Requirements & Documentation

The Single Administrative Document


The official model for written declarations to customs is the Single Administrative Document (SAD). The SAD describes goods and their movement around the world and is essential for trade outside the EU, or of non-EU goods. Goods brought into the EU customs territory are, from the time of their entry, subject to customs supervision until customs formalities are completed. Goods are covered by a Summary Declaration which is filed once the items have been presented to customs officials. The customs authorities may, however, allow a period for filing the Declaration which cannot be extended beyond the first working day following the day on which the goods are presented to customs.

The Summary Declaration is filed by:

  • the person who brought the goods into the customs territory of the Community or by any person who assumes responsibility for carriage of the goods following such entry; or
  • the person in whose name the person referred to above acted.

The Summary Declaration can be made on a form provided by the customs authorities. However, customs authorities may also allow the use of any commercial or official document that contains the specific information required to identify the goods. The SAD serves as the EU importer's declaration. It encompasses both customs duties and VAT and is valid in all EU member states. The declaration is made by whoever is clearing the goods, normally the importer of record or his/her agent.

European Free Trade Association (EFTA) countries including Norway, Iceland, Switzerland, and Liechtenstein also use the SAD. Information on import/export forms is contained in Council Regulation (EEC) No. 2454/93, which lays down provisions for the implementation of the Community Customs Code (Articles 205 through 221). Articles 222 through 224 provide for computerized customs declarations and Articles 225 through 229 provide for oral declarations.

More information on the SAD can be found at:

http://ec.europa.eu/taxation_customs/customs/procedural_aspects/general/sad/index_en.htm

Regulation (EC) No 450/2008 laying down the Community Customs Code (so-called the “Modernized Customs Code”) aimed at the adaptation of customs legislation and at introducing the electronic environment for customs and trade. This Regulation entered into force on June 24, 2008 and was due to be applicable once its implementing provisions were in force by June 2013. However, the Modernized Customs Code was recast as a Union Customs Code (UCC) before it became applicable. The Union Customs Code (UCC) Regulation entered into force in October 2013 and repealed the MCC Regulation. Its substantive provisions went into effect on May 1st 2016.

http://ec.europa.eu/taxation_customs/customs/customs_code/union_customs_code/ucc/index_en.htm

Imported goods must be accompanied by a customs declaration, which has to be submitted in writing, and an invoice in duplicate. Normally the German importer files this declaration. The commercial invoice must show the country of purchase and the country of origin of the goods. The invoice should contain:

  • (Company) and address of seller and buyer
  • Place and date of issue
  • Number, kind of packages
  • Precise description of articles
  • Volume or quantity in normal commercial units
  • Invoice price (in invoice currency)
  • Terms of delivery and
  • Payment.

In addition, a certificate of origin may be required in some cases.
Import duties and taxes are subject to change and companies are well advised to verify the correct tariff level shortly before carrying out any export transaction. For further information, including current customs tariffs, please visit:


www.zoll.de

www.germany.info/Vertretung/usa/en/Startseite.html

Economic Operator Registration and Identification (EORI)

Since July 1, 2009, all companies established outside of the EU are required to have an EORI number if they wish to lodge a customs declaration or an Entry/Exit Summary declaration. All U.S. companies should use this number for their customs clearances. An EORI number must be formally requested from the customs of the specific member state to which the company exports. Member state custom authorities may request additional documents to be submitted alongside a formal request for an EORI number. Once a company has received an EORI number, it can use it for exports to any of the 28 EU member states. There is no single format for the EORI number. Once an operator holds an EORI number s/he can request the Authorized Economic Operator (AEO: see below under “MRA”) status, which can give quicker access to certain simplified customs procedures.

More information about the EORI number can be found at http://ec.europa.eu/taxation_customs/dds2/eos/eori_home.jsp?Lang=en

U.S. - EU Mutual Recognition Arrangement (MRA)

Since 1997, the U.S. and the EU have had an agreement on customs cooperation and mutual assistance in customs matters. For additional information, please see

http://ec.europa.eu/taxation_customs/customs/policy_issues/international_customs_agreements/usa/index_en.htm

In 2012 the United States and the EU signed a new Mutual Recognition Arrangement (MRA) aimed at matching procedures to associate one another’s customs identification numbers. The MCC introduced the Authorized Economic Operator (AEO) program (known as the “security amendment”). This is similar to the United States’ voluntary Customs-Trade Partnership Against Terrorism (C-TPAT) program in which participants receive certification as a “trusted” trader. AEO certification issued by a national customs authority and is recognized by all member state’s customs agencies. As of April 17, 2017 an AEO can consist of two different types of authorization: “customs simplification” or “security and safety.” The former allows for an AEO to benefit from simplification related to customs legislation, while the latter allows for facilitation through security and safety procedures. Shipping to a trader with AEO status could facilitate an exporter’s trade as its benefits include expedited processing of shipments, reduced theft/losses, reduced data requirements, lower inspection costs, and enhanced loyalty and recognition. Under the revised Union Customs Code, in order for an operator to make use of certain customs simplifications, the authorization of AEO becomes mandatory.

The United States and the EU recognize each other’s security certified operators and will take the respective membership status of certified trusted traders favorably into account to the extent possible. The favorable treatment provided by mutual recognition will result in lower costs, simplified procedures and greater predictability for transatlantic business activities. The newly signed arrangement officially recognizes the compatibility of AEO and C-TPAT programs, thereby facilitating faster and more secure trade between U.S. and EU operators. The agreement is being implemented in two phases. The first commenced in July 2012 with the U.S. customs authorities placing shipments coming from EU AEO members into a lower risk category. The second phase took place in early 2013, with the EU re-classifying shipments coming from C-TPAT members into a lower risk category. The U.S. customs identification numbers (MID) are therefore recognized by customs authorities in the EU, as per Implementing Regulation 58/2013 (which amends EU Regulation 2454/93 cited above): http://ec.europa.eu/taxation_customs/resources/documents/customs/procedural_aspects/general/implementing_regulation_58_2013_en.pdf

Additional information on the MRA can be found at:

http://www.cbp.gov/newsroom/national-media-release/2013-02-08-050000/eu-us-fully-implement-mutual-recognition-decision

Revised AEO guidelines (published March 2016): http://ec.europa.eu/taxation_customs/resources/documents/customs/policy_issues/customs_security/aeo_guidelines_en.pdf

Labeling and Marking Requirements

Summary

There is a broad array of EU legislation pertaining to the marking, labeling and packaging of products, with neither an “umbrella” law covering all goods nor any central directory containing information on marking, labeling and packaging requirements. This overview is meant to provide the reader with a general introduction to the multitude of marking, labeling and packaging requirements or marketing tools to be found in the EU.

Introduction

The first step in investigating the marking, labeling and packaging legislation that might apply to a product entering the EU is to draw a distinction between what is mandatory and what is voluntary. Decisions related to mandatory marking, labeling and/or packaging requirements may sometimes be left to individual member states. Furthermore, voluntary marks and/or labels are used as marketing tools in some EU member states. This report is focused primarily on the mandatory marks and labels seen most often on consumer products and packaging, which are typically related to public safety, health and/or environmental concerns. It also includes a brief overview of a few mandatory packaging requirements, as well as more common voluntary marks and/or labels used in EU markets.

It is also important to distinguish between marks and labels. A mark is a symbol and/or pictogram that appears on a product or its respective packaging. These range in scope from signs of danger to indications of methods of proper recycling and disposal. The intention of such marks is to provide market surveillance authorities, importers, distributors and end-users with information concerning safety, health, energy efficiency and/or environmental issues relating to a product. Labels, on the other hand, appear in the form of written text or numerical statements, which may be required but are not necessarily universally recognizable. Labels typically indicate more specific information about a product, such as measurements, or an indication of materials that may be found in the product (such as in textiles or batteries).

OVERVIEW

Mandatory Marks & Labels

  • Textiles
  • Cosmetics
  • Dangerous Substances
  • Explosive Atmosphere
  • Electrical & Electronic Equipment
  • Household Appliances
  • Pricing
  • Footwear
  • Units of Measurement
  • Automotive
  • Tire labeling
  • Maritime
  • Materials in Contact with Food
  • Noise Emissions
  • Wood packaging
  • Energy Efficiency
  • Recycling - Separate Collection

Voluntary Marks and Labels

  • Cup/Fork Symbol (material in contact with food)
  • Eco-Label
  • Green Dot
  • Energy Star
  • ‘e’ Mark
  • Recycling Marks

APPLICABILITY OF VOLUNTARY AND MANDATORY MARKS AND LABELS

Countries in the European Union (EU)

  • Austria
  • Belgium
  • Bulgaria
  • Croatia
  • Cyprus
  • Czech Republic
  • Denmark
  • Estonia
  • Finland
  • France
  • Germany
  • Greece
  • Hungary
  • Ireland
  • Italy
  • Latvia
  • Lithuania
  • Luxembourg
  • Malta
  • Netherlands
  • Poland
  • Portugal
  • Romania
  • Spain
  • Sweden
  • Slovakia
  • Slovenia
  • United Kingdom

Additional Countries of the European Economic Area (EEA) and European Free Trade Association (EFTA)

  • Iceland
  • Norway
  • Switzerland (EFTA)
  • Liechtenstein

Candidates to Membership:

  • Albania
  • Macedonia
  • Montenegro
  • Serbia
  • Turkey

MANDATORY MARKS AND LABELS


CE MARKING

This is probably the most widely used and recognized marking required by the EU. Found in all “New Approach” legislation with a few exceptions, the CE marking demonstrates that a product meets all essential requirements (typically related to safety, health, energy efficiency and/or environmental concerns). CE marking is required for the following products/product families:

Cableway installations

  • Civil explosives
  • Construction products
  • Electrical/electronic products
  • Electromagnetic compatibility
  • Low voltage
  • Restriction of Hazardous Substances
  • Energy efficiency
  • Equipment and protective systems in potentially explosive atmospheres (ATEX)
  • Gas appliances
  • Hot water boilers
  • Lifts
  • Machinery
  • Medical devices (3)
  • Non-automatic weighing instruments
  • Personal protective equipment
  • Pressure equipment
  • Radio equipment
  • Recreational crafts
  • Refrigeration appliances
  • Simple pressure vessels
  • Toys

For each “New Approach” directive there is a separate list of references to harmonized European standards, the use of which provides the manufacturer with the ‘presumption of conformity’ with essential requirements. While other non-EU standards may be used to demonstrate a product’s compliance with the applicable directive(s), the manufacturer will have to provide detailed information regarding the compliance process. An array of standardized safety warning symbols/pictograms may also be applicable to each of the above product categories.

In 2008, the EU adopted a package of measures known as the New Legislative Framework which provides a regulatory ‘toolbox’ for new and revised EU product safety legislation. The framework is designed to improve market surveillance, more clearly define the responsibilities of manufacturers, importers and distributors, and clarify the meaning of CE marking across a wide-range of product groups. In February 2014, to align product harmonization legislation with the provisions of the NLF (most notably Decision 768/2008), the European Union adopted an "Alignment Package" consisting of eight revised CE marking directives. These newly aligned directives will be applicable in 2016.

For more information

http://ec.europa.eu/growth/single-market/ce-marking/index_en.htm

http://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/index_en.htm

http://ec.europa.eu/growth/single-market/goods/new-legislative-framework/index_en.htm

http://apps.export.gov/article?id=Revised-CE-Marking-Laws-Applicable-in-2016

Standards Specialist:

marianne.drain@trade.gov

Commercial Assistant:

Louis.Fredricks@trade.gov

THE WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT DIRECTIVE (WEEE)

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This directive is designed to tackle the rapidly increasing waste stream of electrical and electronic equipment, and complements European Union measures on landfills and waste incineration. Increased recycling of electrical and electronic equipment, in accordance with the directive requirements, limits the total quantity of waste going to final disposal. This directive affects the following product categories:

  • Large and small household appliances
  • Consumer equipment
  • Lighting equipment
  • IT and Telecommunications equipment
  • Electrical and Electronic Tools
  • Toys and Sports equipment
  • Medical Devices
  • Monitoring and control equipment
  • Automatic dispensers

The symbol shown above must be displayed on all products that fall under this directive, and indicates that the product is not to be discarded with normal household waste. It is a required mark on batteries. In instances where this symbol cannot be displayed on the equipment itself, it should be included on the packaging.

For more information

Directive 2012/19/EU is available online at:

http://ec.europa.eu/environment/waste/weee/legis_en.htm

Commercial Specialist:

Matthew.Kopetski@trade.gov

ENERGY LABELING

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Directive 2010/30/EU “on the indication by labeling and standard product information of the consumption of energy and other resources by energy-related products” sets a framework for the adoption of product-specific directives on the proper energy efficiency labeling for each concerned product. This 2010 directive broadens substantially the energy labeling scope.

Suppliers are to supply free of charge labels or product fiches containing information about consumption of electric or other energy sources to their dealers. Dealers display labels in a visible and legible way and make the fiche available in product brochure or other literature.

For more information

http://ec.europa.eu/energy/en/topics/energy-efficiency/energy-efficient-products

Directive 2010/30/EU:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:153:0001:0012:EN:PDF

Contact: office.brusselsec@trade.gov

DEVICES FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERE (ATEX)


In addition to applying a CE marking for products falling under the ATEX Directive (2014/34/EC), it is necessary to display the Ex mark, which is a specific marking of explosion protection. Located next to the ‘Ex’ mark will be a symbol designating the product group or category as specified in the directive.

The revised ATEX Directive (2014/34/EC) was adopted in February 2014 as part of the New Legislative Framework alignment package. It replaced the existing directive and became applicable on April 20, 2016.

For more information

http://ec.europa.eu/growth/sectors/mechanical-engineering/atex/index_en.htm

Directive 2014/34/EU:

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014L0034&from=EN

Standards Specialist:

marianne.drain@trade.gov

Commercial Assistant:

Louis.Fredricks@trade.gov

NOISE EMISSION OF OUTDOOR EQUIPMENT

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Machines used outdoors are subject to CE marking requirements. Noise emission levels are covered separately. The sample mandatory label shown above specifies noise emission levels.

For more information

http://ec.europa.eu/growth/sectors/mechanical-engineering/noise-emissions/index_en.htm

Standards Specialist:

Diana.Dus@trade.gov

Commercial Assistant:

Louis.Fredricks@trade.gov

MARITIME

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The “steering wheel” mark shown above is the equivalent of CE marking for marine equipment. It applies to equipment for use on board any new EU ship, wherever the ship is situated at the time of construction, and to equipment placed on board existing EU ships, whether for the first time or to replace equipment already carried on board. It does not apply to equipment already on board on the date on which the directive entered into force in 1997. The directive applies to the following equipment categories:

  • Life-saving appliances
  • Marine pollution prevention
  • Fire protection
  • Navigation equipment
  • Radio-communication equipment

A revised Marine Equipment Directive (2014/90/EC) was adopted in July 2014 and will be applicable on September 18, 2016.

For more information

Directive 96/98/EC on Marine Equipment is available online at:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:1996L0098:20101210:EN:PDF

Directive 2014/90/EC is available online at:

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2014.257.01.0146.01.ENG

Standards Specialist:

Diana.Dus@trade.gov

Commercial Assistant:

Louis.Fredricks@trade.gov

TEXTILES

Textile products must be labeled or marked whenever they are put onto the market for production or commercial purposes (sale). The names, descriptions and details of a textile’s fiber content must be indicated on products available to consumers. With the exception of trademarks or the name of the undertaking, information other than that required by the directive must be listed separately. Member States may require that their national language be used on the labeling and marking required by the directive.

For more information

http://ec.europa.eu/growth/sectors/fashion/textiles-clothing/legislation/index_en.htm

Commercial Specialist

Antonio.Dai-Pra@trade.gov

FOOTWEAR

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Labels must convey information relating to the upper, the lining and insole sock, and the outer-sole of the footwear article. The information must be conveyed by means of approved pictograms or textual information, as defined by the directive.

The label must be legible, firmly secured and accessible, and the manufacturer or his authorized agent established in the Community is responsible for supplying the label and for the accuracy of the information contained therein. Only the information provided for in the directive need be supplied. There are no restrictions preventing additional information being included on the label.

For more information

http://ec.europa.eu/growth/sectors/fashion/footwear/index_en.htm

Contact: office.brusselsec@trade.gov

COSMETICS

Containers and/or packaging (in certain cases) must bear, in indelible, easily legible and visible characters, the following:

The name, trade name and address, or registered office of the manufacturer or person responsible for marketing the cosmetic product within the Community

The nominal contents at the time of packaging (by weight or volume)

The date of minimum durability indicated by "Best before end", for products with a minimum durability of less than 30 months. In this case the following must figure on the packaging:

The period after opening during which the product can be used without harm to the consumer, for products with a minimum durability of less than 30 months (indicated by a symbol representing an open cream jar, as shown below)

Particular precautions for use

The batch number or product reference, for identification

The product’s function

If it is impossible for practical reasons to print on the packaging all the conditions of use and particular warnings, an enclosed leaflet, label or tape has to be provided and the following symbol has to be on the packaging:

The Member States are to draw up procedures for providing the information set out above in the case of cosmetic products that have not been pre-packaged. The product function and list of ingredients also have to appear on the container or packaging. Member States may stipulate that the information on the label is provided in their national or official language(s).

About the labeling of nanomaterials present in cosmetics:

The Cosmetics regulation indicates that from July 2013 “all ingredients present in the form of nanomaterials shall be clearly indicated in the list of ingredient” and that “the names of such ingredients shall be followed by the word ‘nano’ in brackets”.

For more information

Regulation 1223/2009 is available online at:

http://ec.europa.eu/growth/sectors/cosmetics/legislation/index_en.htm

Market Research Report on “EU Cosmetics Legislation”

http://apps.export.gov/article?id=The-EU-Cosmetics-Regulation

Commercial Specialist:

matthew.kopetski@trade.gov

DANGEROUS SUBSTANCES

New Regulation on the Classification, Labeling and Packaging of Chemicals

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The labeling of dangerous substances must indicate the following:

The name of the substance

The origin of the substance (the name and address of the manufacturer or distributor)

The danger symbol and an indication of danger involved in the use of the substance

A reference to the special risks arising from such dangers.

The dimensions of the label must not be less than a standard A8 sheet (52 x 74mm), and each symbol must cover at least one-tenth of the label’s surface area. Member States may require their national language(s) to be used in the labeling of dangerous substances. Where the packaging is too small, the labeling may be affixed in some other manner. The packaging of products considered dangerous which are neither explosive nor toxic may go unlabeled if the product contains such small quantities of dangerous substances that there is no danger to users.

Symbols must be employed if the substance can be defined as any one of the following (as shown above): explosive, oxidizer, flammable, harmful, toxic irritant, corrosive, or harmful to environment. Containers of hazardous substances should include, in addition to the appropriate symbols, a raised triangle to alert the vision-impaired to their contents. Note that this directive has undergone numerous amendments relating, amongst other things, to the marking and labeling of additional substances. Accordingly, it is advisable to consult all literature.

Regulation 1272/2008 introduces new classification, labeling and packaging requirements for chemicals based on the Worldwide United Nation’s Globally Harmonized System (UN GHS). It will gradually replace the Dangerous Substances Directive (65/548/EEC) and the Dangerous Preparations Directive (1999/45/EC) – and repeal them respectively in December 2010 and June 2015.

For more information

Regulation 1272/2008/EC on the classification, labeling and packaging can be found at http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:353:0001:1355:EN:PDF

Commercial Specialist:

matthew.kopetski@trade.gov

Legal Metrology and Metric Units of Measurement

This legislation specifies permissible ranges of nominal quantities, container capacities and the weights or volumes of prepackaged products. Manufacturers are advised to take note that all labels require metric units, although dual labeling is also acceptable.

For more information

http://ec.europa.eu/growth/single-market/goods/building-blocks/legal-metrology/index_en.htm

Contact: office.brusselsec@trade.gov

PRICE DISPLAY

The directive requires an indication of the selling price, and price per unit of measurement, on all products offered to consumers. The aim is to improve the information available to the consumer and to facilitate price comparison. This information must be unambiguous, clearly legible and easily identifiable. If advertising mentions the item’s selling price, it must also indicate its unit price. For products sold in bulk, the unit price is the only item whose indication on the label is mandatory. National authorities may provide alternatives for products sold by small retail business operations.

For more information

Directive 98/6/EC, on the indication of the prices of products offered to consumers, available online at: http://eur-lex.europa.eu/resource.html?uri=cellar:b8fd669f-e013-4f8a-a9e1-2ff0dfee7de6.0008.02/DOC_1&format=PDF

Contact: office.brusselsec@trade.gov

AUTOMOTIVE


Nearly every vehicle component must be certified for safety as specified under the various directives relating to automobiles. The number shown in the rectangle on the label indicates the particular Member State in which the approval process was conducted. A “base approval number” must also be provided adjacent to this certification. This four-digit number will correspond to the directive and type of device in question. The country-number correlation is as follows (this is not an exhaustive list):

1

Germany

6

Belgium

18

Denmark

2

France

9

Spain

21

Portugal

3

Italy

11

UK

23

Greece

4

Netherlands

13

Luxembourg

24

Ireland

For more information:

All existing directives on motor vehicles, in chronological order, available online at:

http://ec.europa.eu/growth/sectors/automotive/legislation/index_en.htm

Commercial Assistant:

Louis.Fredricks@trade.gov

Photometry


A similar marking is an ‘E’ surrounded by a circle, which applies to the testing of headlight lamps, brake light lamps and turning signal lamps of all vehicles seeking EU market entry. These include consumer vehicles, low-volume production trucks, light and heavy goods vehicles, trailers, motorcycles, cranes, agriculture and forestry tractors, and special-purpose and off-road vehicles.

For more information:

http://ec.europa.eu/growth/sectors/automotive/legislation/index_en.htm

Commercial Assistant:

Louis.Fredricks@trade.gov

TIRE LABELING

http://ec.europa.eu/energy/efficiency/labelling/images/2010_09_28_labelling_thumb.jpg

Tire label legislation requires that tire manufacturers declare fuel efficiency, wet grip and external rolling noise performance of C1, C2 and C3 tires (i.e. tires mainly fitted on passenger cars, light and heavy duty vehicles).

The objective of the regulation is better information for the consumer and a contribution to a more energy efficient transport policy.

For more information:

http://ec.europa.eu/energy/en/topics/energy-efficient-products-and-labels/tyres

Directive 1222/2009/EC:

http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R1222&from=EN

Directive 228/2011/EC:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:062:0001:0016:EN:PDF

Commercial Assistant:

Louis.Fredricks@trade.gov

PACKAGING MATERIAL

The EU Packaging and Packaging Waste Directive harmonized member state legislation regarding packaging material composition and the management of packaging waste. Composition of packaging material is addressed in a series of EU-wide standards. For the management of packaging waste through recycling targets and collection and recycling systems, member states have adopted voluntary marking mentioned in the following report.

For more information

Directive 94/62/EC, available online at:

http://ec.europa.eu/environment/waste/packaging/legis.htm

Commercial Specialist:

Matthew.Kopetski@trade.gov

Wood Packaging

Like the United States, the EU has adopted legislation to ensure pest control in wood packaging. The marking used for regulated materials is based on the International Plant Protection Convention compliance symbol shown above.

For more information

http://ec.europa.eu/food/plant/plant_health_biosecurity/non_eu_trade/wood_packaging_dunnage/index_en.htm

Contact: office.brusselsec@trade.gov

Fisheries Specialist: stephane.vrignaud@trade.gov

VOLUNTARY MARKS AND LABELS

MATERIALS IN CONTACT WITH FOOD

Manufacturers of containers, plates, cups, and other material that is intended to come into contact with food are required to check the compliance of their product with EU chemical safety requirements. Using the symbol shown above shows compliance with these requirements. It is mandatory to comply with the legislation, but the use of the symbol is voluntary.

For more information

http://ec.europa.eu/food/safety/chemical_safety/food_contact_materials/legislation/index_en.htm

Contact: office.brusselsec@trade.gov

THE e-MARK

The e-mark in detail

The e-mark, shown above, acts as a metrological "passport" to facilitate the free movement of prepackaged goods. It guarantees that certain liquids and other substances have been packed by weight or volume in accordance with the directives. While compliance is not mandatory, free movement throughout the EU is guaranteed for prepackaged products that do comply with the provisions of the directive.

Containers with an e-mark also bear an indication of the weight or volume of the product, known as its “nominal” weight or volume. The packer (or importer, if the container is produced outside the EU) is responsible for ensuring that the containers meet the directive’s requirements.

For more information

http://ec.europa.eu/growth/single-market/goods/building-blocks/legal-metrology/pre-packaging/index_en.htm

Contact: office.brusselsec@trade.gov

THE ECO-LABEL

http://europa.eu.int/comm/environment/ecolabel/images/flower/flowerlogo.bmp

The European Eco-label enables European consumers, including public and private purchasers, to easily identify officially approved green products across the European Union, Norway, Liechtenstein and Iceland. Introduced in 1992, the label communicates to the customer that the marked products meet specific eco-friendly criteria that have been developed to apply to everyday consumer goods and services.

The symbol may apply to the following 27 product and services groups:

All purpose cleaners and cleaners for sanitary facilities

Household cleaning products

Textile products

Bed mattresses

Laundry detergents

Tissue paper

Campsite Services

Light bulbs

Tourist accommodation service

Copying and graphic paper

Lubricants

Vacuum cleaners

Detergents for dishwashers

Paints and varnishes

Washing machines

Dishwashers

Personal computers

Wooden coverings

Footwear

Printed paper products

Wooden furniture

Furniture

Refrigerators

 

Growing media and Soil improvers

Soaps, shampoos and hair conditioners

 

Hand dishwashing detergents

Soil improvers

 

Hard floor coverings

Televisions

 

Heat pumps

Textile coverings

 

Manufacturers should be aware that similar eco-friendly markings are often used nationally, such as the Nordic Swan or the German Blue Angel, shown below.

logoblueangel
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The Eco-label program has recently been expanded to cover fish and fishery products. This means that eco-labeled products have been produced in accordance with specific environmental standards.

Private Eco labels have been developed by the seafood industry to “influence the purchasing decision of consumers and the procurement policies of retailers selling seafood products, in order to reward producers involved in responsible fishing and aquaculture practices leading towards sustainable use of natural resources.”

There are multiple eco-label schemes, and logos, developed by a variety of operators and according to different characteristics. This confusing situation has led to a need for harmonization and coherence. In response, the UN Food and Agriculture Organization (FAO) has developed a “Guideline for the Eco-Labeling of Fish and Fishery Products from Marine Capture Fisheries” (http://www.fao.org/docrep/012/i1119t/i1119t.pdf).

The U.S. government has decided not to engage in the development of such marketing tool. Instead, NOAA Fisheries has developed a comprehensive website where stakeholders, including consumers, can find facts about a specific species of fish and related fisheries. Consumers can then make their own purchasing choice:

http://www.fishwatch.gov/

The European Commission is currently preparing, at the request of the European Parliament and the Council, a feasibility report on options for a Union-wide eco-label scheme for fishery and aquaculture products. Some EU member States have already created their own National eco label.

For more information

European Eco-label website

http://ec.europa.eu/environment/ecolabel/index_en.htm

http://ec.europa.eu/dgs/maritimeaffairs_fisheries/consultations/ecolabel/index_en.htm

Contact: office.brusselsec@trade.gov

NOAA Fisheries Representative to the EU:

stephane.vrignaud@trade.gov

RECYCLING

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The “mobius loop” (sometimes known as the “chasing arrows”), based on an international standard, may be found on products throughout Europe and is meant to help consumers identify and participate in recycling schemes for product packaging and materials. As well as being used on printed packaging, the chasing arrows symbol is sometimes featured in the molds of glass, metal, paper, or plastic products. Various kinds of loops indicate whether the product is recyclable, recycled or contains recycled material.

For more information

http://ec.europa.eu/environment/waste/waste_topics.htm

Contact: office.brusselsec@trade.gov

Plastics

http://www.co-op.co.uk/ext_1/Development.nsf/504ca249c786e20f85256284006da7ab/6ae60087f5963d1280256bb80043f4e3/Body_1/0.50D2?OpenElement&FieldElemFormat=gif

The symbol above is an example of how a plastic’s type may be indicated on a product. As part of the EU voluntary identification system for plastics, the following marks are used for the most common types of plastics (Decision 97/129/EC):

EU Number

Abbreviated Description

Full Plastic Description 

1

PET

Polyethylene Terepthalate

2

HDPE

High Density Polyethylene

3

PVC

Poly Vinyl Chloride

4

LDPE

Low Density Polyethylene

5

PP

Polypropylene

6

PS

Polystyrene

Glass


There are no EU-wide symbols used to designate the recyclable nature of glass. However, it is certainly encouraged on the national level with an array of symbols. The two shown above are only a small sample of the total existing to show recyclability.

For more information

Contact: office.brusselsec@trade.gov

THE ENERGY STAR

http://energyefficiency.jrc.cec.eu.int/energystar/img/top_logo.gif

The Energy Star, shown above, is a voluntary labeling program to help consumers identify the most energy-efficient office equipment on the market, i.e. computers, monitors, printers, copiers, scanners and multifunction devices. The Energy Star may be placed on products that meet or exceed energy-efficiency guidelines. Initiated by the United States, agreement with the EU was signed in December 2000 and then renewed in 2006 with the goal of coordinating the labeling program in the two markets. The agreement lays out a common set of energy-efficiency specifications, with a common logo that doubles as a marketing tool.

For more information

https://www.energystar.gov/index.cfm?c=partners.intl_implementation#europe

Contact: office.brusselsec@trade.gov

GREEN DOT

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The Green Dot system is a scheme in which participating bodies coordinate the collection, sorting and recovery of used packaging. This system is actually administered according to national packaging laws (adhered to by packaging manufacturers, fillers, retailers and importers), and it should be noted that all participating national systems operate independently. The umbrella organization, PRO-Europe, is responsible for managing the Green Dot labeling system in Europe. More than 460 billion pieces of packaging marked with the Green Dot, shown above, are distributed worldwide. Interested applicants should contact one of the national administering authorities.

http://www.pro-e.org/

Contact: office.brusselsec@trade.gov

U.S. Export Controls

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) is responsible for implementing and enforcing the Export Administration Regulations (EAR), which regulate the export and re-export of some commercial items, including “production” and “development” technology.

The items that BIS regulates are often referred to as “dual use” since they have both commercial and military applications. Further information on export controls is available at: http://www.bis.doc.gov/licensing/exportingbasics.htm

BIS has developed a list of "red flags," or warning signs, intended to discover possible violations of the EAR. These are posted at:
https://www.bis.doc.gov/index.php/enforcement/oee/compliance/23-compliance-a-training/51-red-flag-indicators

Also, BIS has "Know Your Customer" guidance at: https://www.bis.doc.gov/index.php/compliance-a-training/export-management-a-compliance/23-compliance-a-training/47-know-your-customer-guidance

If there is reason to believe a violation is taking place or has occurred, report it to the Department of Commerce by calling the 24-hour hotline at +1(800) 424-2980, or via the confidential lead page at: https://www.bis.doc.gov/index.php?option=com_rsform&formId=14

The EAR does not control all goods, services, and technologies. Other U.S. government agencies regulate more specialized exports. For example, the U.S. Department of State has authority over defense articles and services. A list of other agencies involved in export control can be found on the BIS web http://www.bis.doc.gov.

It is important to note that in August 2009, the President directed a broad-based interagency review of the U.S. export control system, with the goal of strengthening national security and the competitiveness of key U.S. manufacturing and technology sectors by focusing on current threats, as well as adapting to the changing economic and technological landscape. As a result, the Administration launched the Export Control Reform Initiative (ECR Initiative) which is designed to enhance U.S. national security and strengthen the United States’ ability to counter threats such as the proliferation of weapons of mass destruction.

The Administration is implementing the reform in three phases. Phases I and II reconcile various definitions, regulations, and policies for export controls, all the while building toward Phase III, which will create a single control list, single licensing agency, unified information technology system, and enforcement coordination center.

For additional information on ECR see: http://export.gov/ecr/index.asp

BIS provides a variety of training sessions to U.S. exporters throughout the year. These sessions range from one to two day seminars and focus on the basics of exporting as well as more advanced topics. A list of upcoming seminars can be found at: https://www.bis.doc.gov/index.php/compliance-a-training/current-seminar-schedule

For further details about the Bureau of Industry and Security and its programs, please visit the BIS website at: http://www.bis.doc.gov/

Temporary Entry

When bringing professional equipment, such as electronic goods, cameras, and musical instruments, into Germany, it is strongly recommended that you first contact the consulate or embassy in your area for customs information. You might also want to consider purchasing an ATA Carnet. The ATA Carnet, which allows for the temporary, duty-free entry of goods into over 50 countries, is issued by the United States Council for International Business by appointment of the U.S. Customs Service; www.uscib.org.

Note: Voltage in Germany is 230. Electronic equipment from the U.S. will require an adaptor.

Prohibited and Restricted Imports

The Tarif Intégré de la Communauté (TARIC) is designed to show various rules applying to specific products being imported into the customs territory of the EU or, in some cases, when exported from it. To determine if a product is prohibited or subject to restriction, check the TARIC for the following codes:

CITES Convention on International Trade of Endangered Species

PROHI Import Suspension

RSTR Import Restriction

For information on how to access the TARIC, see the Import Requirements and Documentation Section.

Key Link:

http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_en.htm

Customs Regulations

The following provides information on the major regulatory efforts of the EC Taxation and Customs Union Directorate:

The Union Customs Code (UCC) was adopted in 2013 and its substantive provisions apply from 1 May 2016. It replaces the Community Customs Code (CCC). In addition to the UCC, the European Commission has published delegated and implementing regulations on the actual procedural changes. These are included in Delegated Regulation (EU) 2015/2446, Delegated Regulation (EU) 2016/341 and the Implementing Regulation (EU) 2015/2447.

There are a number of changes in the revised customs policy which also require an integrated IT system from the customs authorities. In April 2016 The European Commission published an implementing decision (number: 2016/578) on the work program relating to the development and deployment of the electronic systems of the UCC.

Homepage of Customs and Taxation Union Directorate (TAXUD) Website

Key Link: http://ec.europa.eu/taxation_customs/index_en.htm

Customs Valuation – Most customs duties and value added tax (VAT) are expressed as a percentage of the value of goods being declared for importation. Thus, it is necessary to dispose of a standard set of rules for establishing the goods' value, which will then serve for calculating the customs duty.

Given the magnitude of EU imports every year, it is important that the value of such commerce is accurately measured for the purposes of:

  • economic and commercial policy analysis;
  • application of commercial policy measures;
  • proper collection of import duties and taxes; and
  • import and export statistics.

These objectives are met using a single instrument - the rules on customs value.

The EU applies an internationally accepted concept of ‘customs value’.

The value of imported goods is one of the three 'elements of taxation' that provides the basis for assessment of the customs debt, which is the technical term for the amount of duty that has to be paid, the other ones being the origin of the goods and the customs tariff.

Key Link:

http://ec.europa.eu/taxation_customs/customs/customs_duties/declared_goods/index_en.htm

Trade Standards

Overview

Products tested and certified in the United States to American regulations and standards are likely to have to be retested and re-certified to EU requirements as a result of the EU’s different approach to the protection of the health and safety of consumers and the environment. Where products are not regulated by specific EU technical legislation, they are always subject to the EU’s General Product Safety Directive as well as to possible additional national requirements.

European Union legislation and standards created under the New Approach are harmonized across the member states and European Economic Area countries to allow for the free flow of goods. A feature of the New Approach is CE marking.

The concept of New Approach legislation is slowly disappearing as the New Legislative Framework (NLF), which entered into force in January 2010, was put in place to serve as a blueprint for existing and future CE marking legislation. Existing legislation has been reviewed to bring them in line with the NLF concepts, which means that, as of 2016, new requirements will have to be addressed and new reference numbers will have to be used on declarations of conformity.  The date of applicability depends on the product category.  For example, the new Electromagnetic Compatibility Directive (2014/30/EU) replaced the existing law and became applicable on April 20, 2016.   

While harmonization of EU legislation can facilitate access to the EU Single Market, manufacturers should be aware that regulations (mandatory) and technical standards (voluntary) might also function as barriers to trade if U.S. standards are different from those of the European Union. For more information about the NLF, go to http://ec.europa.eu/growth/single-market/goods/new-legislative-framework/.

Standards

EU standards setting is a process based on consensus initiated by industry or mandated by the European Commission and carried out by independent standards bodies, acting at the national, European or international level. There is strong encouragement for non-governmental organizations, such as environmental and consumer groups, to actively participate in European standardization.

Many standards in the EU are adopted from international standards bodies such as the International Standards Organization (ISO). The drafting of specific EU standards is handled by three European standards organizations:

Standards are created or modified by experts in Technical Committees or Working Groups. The members of CEN and CENELEC are the national standards bodies of the member states, which have "mirror committees" that monitor and delegate experts to participate in ongoing European standardization. CEN and CENELEC standards are sold by the individual member states standards bodies. ETSI is different in that it allows direct participation in its technical committees from non-EU companies that have interests in Europe and provides some of its individual standards at no charge on its website. In addition to the three standards developing organizations, the European Commission plays an important role in standardization through its funding of the participation in the standardization process of small- and medium-sized companies and non-governmental organizations, such as environmental and consumer groups. The Commission also provides money to the standards bodies when it mandates standards development to the European Standards Organization for harmonized standards that will be linked to EU technical legislation. Mandates – or requests for standards - can be checked on line at: http://ec.europa.eu/growth/tools-databases/mandates/index.cfm

Given the EU’s vigorous promotion of its regulatory and standards system as well as its generous funding for its development, the EU’s standards regime is wide and deep - extending well beyond the EU’s political borders to include affiliate members (countries which are hopeful of becoming full members in the future) such as Albania, Belarus, Israel, and Morocco among others. Another category, called "partner standardization body" includes the standards organization of Mongolia, Kazakhstan and Australia, which are not likely to become a CEN member or affiliate for political and geographical reasons.

To know what CEN and CENELEC have in the pipeline for future standardization, it is best to visit their websites. Other than their respective annual work plans, CEN’s "what we do" page provides an overview of standards activities by subject. Both CEN and CENELEC offer the possibility to search their respective database. ETSI’s portal (http://portal.etsi.org/Portal_Common/home.asp) links to ongoing activities.

The European Standardization system and strategy was reviewed in 2011 and 2012. The new standards regulation 1025, adopted in November 2012, clarifies the relationship between regulations and standards and confirms the role of the three European standards bodies in developing EN harmonized standards. The emphasis is also on referencing international standards where possible. For information, communication and technology (ICT) products, the importance of interoperability standards has been recognized. Through a newly established mechanism, a “Platform Committee” reporting to the European Commission will decide which deliverables from fora and consortia might be acceptable for public procurement specifications. The European standards bodies have been encouraged to improve efficiency in terms of delivery and to look for ways to include more societal stakeholders in European standardization.

Key Link: http://ec.europa.eu/growth/single-market/european-standards/policy/index_en.htm

Germany

Standards are created or modified by experts in Technical Committees or Working Groups. The members of CEN and CENELEC are the national standards bodies of the Member States, which have "mirror committees" that monitor and participate in ongoing European standardization. The German organization that compiles standards is the Deutscher Industrie Normenausschuss - DIN (German Standards Institute, www.din.de). The DIN also compiles the standards that lay down the requirements for a "GS" mark. Since 1975, DIN has been recognized by the German government as the national standards body and represents Germany’s interests at the international and EU levels. DIN offers a forum in which interested parties meet in order to discuss and define their specific standardization requirements and to record the results as German Standards. In DIN, standard work is carried out by some 26,000 external experts, serving as voluntary delegates in more than 4,000 committees. Draft standards are published for public comment, and all comments are reviewed before final publication of the standard. Published standards are reviewed for continuing relevance at least every five years. According to DIN, standards are designed to promote rationalization, quality assurance, safety, and environmental protection, as well as improving communication between industry, technology, science, government, and the public domain. The input of external experts into standardization is organized through standards committees and working groups. Each standards committee is responsible for a distinct area of activity and coordinates the corresponding standardization work at the EU and international levels. As a rule, the standards committee in DIN includes a number of technical sub-committees. There are currently 76 standards committees that maintain their own websites. Basic details of their area of activity and a list of the standards are published in English. Links to these committees are available on the www.din.de website.

Testing, inspection and certification

Publication of technical regulations

The Official Journal is the official publication of the European Union. It is published daily on the internet and consists of two series covering adopted legislation as well as case law, studies by committees, and more (http://eur-lex.europa.eu/oj/direct-access.html?locale=en ). It also lists the standards reference numbers linked to legislation (http://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/index_en.htm ).

National technical regulations are published on the Commission’s website http://ec.europa.eu/growth/tools-databases/tris/en/ to allow other countries and interested parties to comment.

Germany


Technical regulations are published by the publishing house of DIN, Beuth Verlag: www.beuth.de

Contact Information

U.S. Mission to the EU

www.export.gov/europeanunion

Marianne Drain, Standards Attaché, Marianne.Drain@trade.gov, Tel: +32 2 811 5034
Louis Fredricks, Commercial Assistant,
Louis.Fredricks@trade.gov, Tel: +32 2 811 4194

National Institute of Standards & Technology

Dr. Kent Rochford, Acting Director
Standards Coordination Office
100 Bureau Dr.
Mail Stop 2100
Gaithersburg, Maryland 20899
Tel: (301) 975-2300
Website: http://www.nist.gov/director/sco/index.cfm

CEN – European Committee for Standardization

Avenue Marnix 17
B – 1000 Brussels, Belgium
Tel: 32.2.550.08.11
Website: http://www.cen.eu

CENELEC – European Committee for Electrotechnical Standardization

Avenue Marnix 17

B – 1000 Brussels, Belgium

Tel: 32.2.519.68.71

Website: http://www.cenelec.eu

ETSI - European Telecommunications Standards Institute

Route des Lucioles 650
F – 06921 Sophia Antipolis Cedex, France
Tel: 33.4.92.94.42.00
Website: http://www.etsi.org

SBS – Small Business Standards

4, Rue Jacques de Lalaing
B-1040 Brussels
Tel: +32.2.285.07.27
Website: http://sbs-sme.eu/

ANEC - European Association for the Co-ordination of Consumer Representation in Standardization

Avenue de Tervuren 32, Box 27

B – 1040 Brussels, Belgium

Tel: 32.2.743.24.70

Website: http:/www.anec.org

ECOS – European Environmental Citizens Organization for Standardization

Rue d’Edimbourg 26

B – 1050 Brussels, Belgium

Tel: 32.2.894.46.68

Website: http://www.ecostandard.org

EOTA – European Organization for Technical Assessment (for construction products)

Avenue des Arts 40

B – 1040 Brussels, Belgium

Tel: 32.2.502.69.00

Website: http://www.eota.eu/

Trade Agreements

For a list of trade agreements with the EU and its member states, as well as concise explanations, please see http://tcc.export.gov/Trade_Agreements/index.asp

Licensing Requirements for Professional Services

The recognition of skills and qualifications acquired by EU citizens in EU Member States, including the corresponding recognition procedures and charges are, in correspondence with article 165 of the TFEU, the responsibility of Member States. Similarly, recognition of skills and qualification earned in third countries is also a national responsibility.

However, the European Commission takes initiatives to facilitate recognition procedures. For example:

  • Recognition of professional qualifications obtained in one Member State for the purposes of access and pursuit of regulated professions in another Member State is subject to Directive 2005/36.
  • Recognition of qualifications for academic purposes in the higher education sector, including school-leaving certificates is subject to the Lisbon Recognition Convention. The ENIC-NARIC network provides advice on (cross-border) recognition of these qualifications.

Recognition in other cases is assessed and granted (or denied) by the receiving educational provider or employer. For them to be able to recognise skills and qualifications understanding of the level, content and quality is needed. The Commission currently explores the possibilities on how to better support these recognition decisions.

The “Your Europe” website maintains a webpage dedicated to help citizens what the regulated professions are and what document are needed for their recognition in each Member State. Please see: http://europa.eu/youreurope/citizens/work/professional-qualifications/recognition-of-professional-qualifications/index_en.htm.

Web Resources

EU websites:

Online customs tariff database (TARIC):
http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_en.htm

The Modernized Community Customs Code MCCC): http://europa.eu/legislation_summaries/customs/do0001_en.htm

ECHA: http://echa.europa.eu

Taxation and Customs Union: http://ec.europa.eu/taxation_customs/index_en.htm

Security and Safety Amendment to the Customs Code - Regulation (EC) 648/2005:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:117:0013:0019:en:PDF

Electronic Customs Initiative: Decision N° 70/2008/EC
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:023:0021:0026:EN:PDF

Modernized Community Customs Code Regulation (EC) 450/2008):

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:145:0001:0064:EN:PDF

Legislation related to the Electronic Customs Initiative:

http://ec.europa.eu/taxation_customs/customs/policy_issues/electronic_customs_initiative/electronic_customs_legislation/index_en.htm

Export Help Desk
http://exporthelp.europa.eu/thdapp/index_en.html

What is Customs Valuation?
http://ec.europa.eu/taxation_customs/customs/customs_duties/declared_goods/european/index_en.htm

Customs and Security: Two communications and a proposal for amending the Community Customs Code: http://ec.europa.eu/taxation_customs/customs/policy_issues/customs_security/index_en.htm

Establishing the Community Customs Code: Regulation (EC) n° 648/2005 of 13 April 2005
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:117:0013:0019:en:PDF

Pre Arrival/Pre Departure Declarations:
http://ec.europa.eu/taxation_customs/customs/procedural_aspects/general/prearrival_predeparture/index_en.htm

AEO: Authorized Economic Operator:
http://ec.europa.eu/taxation_customs/customs/policy_issues/customs_security/aeo/index_en.htm

Contact Information at National Customs Authorities: http://ec.europa.eu/taxation_customs/taxation/personal_tax/savings_tax/contact_points/index_en.htm

New Legislative Framework:
http://ec.europa.eu/growth/single-market/goods/new-legislative-framework/

Cenelec, European Committee for Electrotechnical Standardization: http://www.cenelec.eu/

ETSI, European Telecommunications Standards Institute: http://www.etsi.org/

CEN, European Committee for Standardization, handling all other standards:
http://www.cen.eu/cen/Pages/default.aspx

Standardisation – Mandates:
http://ec.europa.eu/growth/single-market/european-standards/requests/index_en.htm

ETSI – Portal – E-Standardisation:
http://portal.etsi.org/Portal_Common/home.asp

CEN – Sector:
http://www.cen.eu/work/areas/Pages/default.aspx

CEN - Standard Search: http://standards.cen.eu/dyn/www/f?p=CENWEB:105::RESET::::

Nando (New Approach Notified and Designated Organizations) Information System:
http://ec.europa.eu/enterprise/newapproach/nando/

Mutual Recognition Agreements (MRAs): http://ec.europa.eu/enterprise/newapproach/nando/index.cfm?fuseaction=mra.main

European Co-operation for Accreditation:
http://www.european-accreditation.org/home

Eur-Lex – Access to European Union Law: http://eur-lex.europa.eu/en/index.htm

Standards Reference Numbers linked to Legislation:
http://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/

What’s New: http://ec.europa.eu/growth/news/index_en.htm

National technical Regulations: http://ec.europa.eu/growth/tools-databases/tris/en/

NIST - Notify U.S.: http://www.nist.gov/notifyus/

Metrology, Pre-Packaging – Pack Size:
http://ec.europa.eu/growth/single-market/goods/building-blocks/legal-metrology/index_en.htm

European Union Eco-label Homepage: http://ec.europa.eu/environment/ecolabel/

U.S. websites:

National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2015%20NTE%20Combined.pdf

Agricultural Trade Barriers: http://www.usda-eu.org/

Trade Compliance Center: http://tcc.export.gov/

U.S. Mission to the European Union: http://useu.usmission.gov/

The New EU Battery Directive: http://www.export.gov/europeanunion/marketresearch/index.asp

The Latest on REACH: http://export.gov/europeanunion/reachclp/index.asp

CE Marking: http://www.export.gov/cemark/eg_main_017267.asp

WEEE and RoHS in the EU: http://export.gov/europeanunion/weeerohs/index.asp

Overview of EU Certificates (FAS):
http://www.usda-eu.org/trade-with-the-eu/eu-import-rules/certification/fairs-export-certificate-report/

Center for Food Safety and Applied Nutrition: http://www.fda.gov/Food/default.htm

Trade Agreements: http://tcc.export.gov/Trade_Agreements/index.asp


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