July 2004

Import Regulations - Madrid - Spain

Introduction:

Spain has been a member of the European Union (EU) since 1986. The EU began as a customs union between its members, with its main feature total legislative harmonization in the customs area; however, Member States are responsible for the application of the European Customs law. This means that circulation of goods consists of goods moving freely between Member States (MS) without any customs requirements, duties or commercial restrictions.
While the free circulation of goods within the European Union is the internal aspect of the customs union, the Common Customs Tariff is the external aspect applicable to imports of goods across the external borders of the customs union. The common commercial policy fixes the tariff rates for customs charges due on goods imported into the Community and the exceptions to this, as well as prohibitions and restrictions.
The Common Customs Tariff, or CCT, is common to all members of the Union, but rates of duty differ by type and origin of import. Rates depend on the economic sensitivity of products.

For general information regarding EU customs policy, please visit: http://www.europa.eu.int/comm/dg10/publications/brochures/move/douane/customs/txt_en.html
Please visit the Canadian Customs Regulations for Exporters at: http://exportsource.ca/gol/exportsource/interface.nsf/engdocBasic/4.9.3.html

Canadian goods and the CCT:

Like all members of the European Union (EU), Spain complies with the common trade policy. This means that Canadian goods entering the Spanish market will be subject to the CCT, but once the goods have entered they will be able to move freely to any other Member State. The importer must pay customs duties (which vary from product to product) and Value Added Tax (VAT) of 16% if the value is greater than 25. If a private individual sends gifts to an individual in Spain, the recipient must pay customs duties and VAT if the value is greater than 50. The VAT rate is lower on some items, for example 7% on some foods and books.

Canadian goods entering the European Union via any other Member State, such as France, will be able to enter Spain freely without payment of any other customs duties or any commercial restriction or customs requirements being applied.

The Spanish customs service values shipments at CIF prices. For Canadian products, the tariff rate averages 5%. All shipments must be cleared through customs by a registered customs agent. Usually, total costs to clear customs are between 20-30% of the CIF value of the shipment. This includes tariffs, value added tax (16%), customs agent and handling fees. Although the Canary Islands are part of the EU customs union, there are special regulations concerning the CCT. For more information, please contact the Chambers of Commerce of the Canary Islands. 

The Northern African Spanish city enclaves of Ceuta and Melilla do not belong to the EU Customs Union. Traditionally, foreign trade in those areas is free. Please visit the Spanish Customs and Excise Department.

If you wish to contact Ceuta and Melilla's customs, please visit:
http://www.aeat.es/aduanas/donde/andaluci.htm#CEUTA
http://www.aeat.es/aduanas/donde/andaluci.htm#MELILLA

Community nomenclature:

EU Community nomenclature is based on an international classification tool--the Harmonized System--administered by the World Customs Organization (WCO), an intergovernmental organization also based in Brussels.
Imported and exported goods must be declared under a specific subheading of the nomenclature. This determines the applicable rate of customs duty applies and how the goods are treated for statistical purposes. The System is used, for example, in the identification of goods covered by non-tariff measures, import quotas, and for surveillance and prevention of the importation of certain goods. It is also used in formulating and applying origin rules, which are largely based on the end product being in a different tariff heading than the imported products used in manufacture. For more information, please visit: http://www.europa.eu.int/comm/taxation_customs/customs/information_notes/tariffclass_en.htm

Documentation:

Several different forms of documentation may be required for shipments to Spain. Exporters are required to present one commercial invoice, one bill of lading, and three copies of a certificate of origin for all shipments. Other certificates are necessary for exporting pharmaceutical goods, perishable foods, live animals and some medical goods.

The EU has a liberal import regime in which import licensing is not common. Import licences are issued with due consideration for the provisions of relevant European Union trade agreements, import quotas, and the needs of the specific importing country. Import licences, when needed, are generally granted rapidly and delays are usually due to lack of proper documentation or information.

Agricultural products: An import certificate (AGRIM) is required for certain agricultural products. Spanish regulations are subject to the provisions of the Spanish Ministry of Agriculture.
Canadian exporters are subject to Canadian Food Inspection Agency regulations

Industrial products: According to ICEX (an autonomous Spanish public organization that promotes international commerce), industrial products can be freely imported to Spain, subject to a few exceptions relating to textiles, gloves, shoes, products made of china, ceramics and glass or steel, auto radios, toys and several chemical products. Please visit the web pages of the Canadian Import and Export Control Bureau.

Environmental protection:

EU chemical control: The most important area of EU chemical control legislation concerns testing and notification of chemicals and preparations. The others are those concerning genetically modified organisms (GMOs), animal experimentation, good laboratory practices, and directives or regulations controlling products. For an overview of the EU environmental legislation, please visit: http://www.europa.eu.int/comm/environment/guide/part2g.htm

Packaging: The Directive on Packaging and Packaging Waste sets out common waste recovery and recycling standards. Manufacturers and exporters should minimize packaging of their products exported to the EU. For more information: http://europa.eu.int/scadplus/leg/en/lvb/l21207.htm

Control of imported waste and dangerous goods: The management, recovery and correct disposal of hazardous waste is subject to Council Directive 91/689/EEC on hazardous waste of December 12, 1991. For more information: http://www.europa.eu.int/scadplus/leg/en/s15002.htm

Endangered species: This relates to surveillance or prevention of international trade in endangered species of wild fauna and flora (Washington Convention 1983 - CITES). For instance, Spain requires an administrative authorization to import ivory.

Spain also imposed an immediate ban on imports of cosmetic products tested on animals as of July 1, 2000.

Prohibited imports:

Spanish regulations ban imports of illicit narcotics and drugs. There are also highly restrictive regulations covering imports of explosives, fire weapons, defence equipment and material, tobacco and gambling material.

From January 2003, personal imports to Spain from outside the EU of meat, meat products, milk and milk products will be prohibited unless they have stringent veterinary certification. Exceptions apply to powdered infant milk, infant food and special food needed for medical reasons if they do not need refrigeration and are propriety branded products with intact packaging.

Furthermore, the government severely restricts the import of many types of pharmaceuticals.
Items violating Spanish trade marks and copyright laws are prohibited.
For more information, please contact the Spanish Ministry of the Economy at:
Paseo de la Castellana, 162.
28071 Madrid
Tel: (34) 91 349 3638 // 3652 // 3696
E-mail: portal@mineco.es

Labelling and marking requirements:

Spanish labelling, marking and testing requirements are complex and change rapidly. Canadian exporters should therefore request pertinent instructions from their importers prior to shipment. The following are specific categories of goods to which marking, labelling and/or testing requirements apply:

Foodstuffs: The Directorate General of Health sets human consumption standards for the preparation, residual content, and storage media for virtually all classes of foodstuffs. The labels on the container must include the product designation, list of ingredients, weight or volume, dates (manufacturing, packing, minimum shelf life, and expiration), directions for food preservation (if applicable), identification of the firm involved (manufacturer, packer or importer) and country of origin. If the original label is not in Spanish, a similar one must be prepared in Spanish and firmly affixed to the container. Milk products, margarine, chocolate and soaps have other, more technical labelling requirements. Wines and other alcoholic beverages must meet Spanish standards.

Textiles: Customs and point-of-sale regulations require that all textile goods and ready-made clothing have a Spanish label. Standard Spanish textile nomenclature must be used and content requirements must be stated on the label. Requirements relating to textile content, labelling and packaging are specific and extensive. They are regulated by Royal Decree 928/1987 of June 5, 1987. Manufacturers' trade marks, duly registered, are permitted on textile products.

Drugs, pharmaceuticals and cosmetics: These goods are subject to technical inspection and registration by the Directorate General of Health prior to entry. There are also detailed marking and labelling requirements somewhat similar to those for foodstuffs but including detailed chemical composition.

Fertilizers and fungicides: Imported fertilizers must be registered with the local Agriculture Ministry office. Inspection and analysis will be performed prior to customs clearance. All printed advertising and publicity materials must be approved by the Ministry of Agriculture, and labels must be in Spanish and include detailed precautions.

Firearms: All firearms must be cleared by the Spanish government and bear a stamp of certification.

Metals: The Spanish Guarantee Bureau provides assay services and affixes its hallmark for all imported precious metals.

Motor vehicles: All vehicles will be inspected for engraved serial numbers on both engine and chassis. If one of these is not available, Spanish customs levies a special charge for stamping the number.

Tires and tubes: All tires and inner tubes must be marked with a serial number.

Eco-labels: These labels inform consumers of products that are environmentally safer than others in all aspects of their life cycle and use natural resources wisely. Products imported into the EU for which a green label is sought must follow the same strict criteria as EU members. Spain has participated in the EU eco-labelling program since 1994.

Standards:

Spain has established specific certification for certain products. This procedure is referred to as "homologation" and involves cumbersome product testing by approved laboratories. Although most of the local homologation requirements and testing standards are gradually disappearing as Spanish legislation conforms to EU directives, certain homologation and other special requirements remain for some products. Generally, a product that meets the standards and certification requirements of any other EU country can be imported and sold in Spain without further testing. Spanish homologation requirements remain in force for computer keyboards and screens, dot matrix printers, teleprinters, medical equipment, electric typewriters, telecommunications equipment, motor vehicles, bicycles, pleasure boats, gas connectors, etc.

Applications for homologation are normally processed by the Ministry of Science and Technology.

The Spanish Standards Certification Association (AENOR - Asociacion Española de Normalizacion y Certificacion) is responsible for developing voluntary standards and certification programs. The Spanish government publishes a list of approved laboratories for testing and certification each year.

Electrical products which operate in a range of 50 to 1000 volts AC or 75 to 1500 volts DC must comply with the EU low voltage directive.

The entry of used equipment, material and goods is subject to the same standards concerning safety as apply to any new import.

Please visit the Canadian Standards Association at: http://www.csa.ca/language/default.asp?thisUrl=%2FDefault%2Easp

Conformity to European standards and "CE" marking: Under the EU New Approach to Technical Harmonization, certain products are required to meet the specific quality standards. The relevant Web site is: http://www.newapproach.org/. The directive applies to toy safety, machinery, electromagnetic compatibility (EMC), telecommunications terminal equipment, active implantable medical devices, medical devices, non-automatic weighing equipment, construction products, explosion proof electrical equipment, low voltage electrical equipment, simple pressure vessels, personal protection equipment and gas appliances. Qualified products must carry a CE mark to show their compatibility, affixed to the product by the manufacturer or importer as self-declaration of compliance.

We suggest that you also visit: http://www.cemarking.net/DEFAULT_EN.htm.