Import Tariffs
U.S. exporters seeking to enter the German market can obtain useful information from the Office of European Union and Regional Affairs at the U.S. Department of Commerce. When provided with a product's Schedule B Number, the Office for EU and Regional Affairs supplies tariff information for American products exported to Germany. The Office's phone number is 1-800 USA TRADE or (202) 482-0543. For the Schedule B Number, please contact the Bureau of the Census
An alternative source for EU customs tariffs is:
http://ec.europa.eu/taxation_customs/dds/home_en.htm
A general overview of customs issues can also be obtained by visiting the following web page: http://www.export.gov (TIC Trade Information Center, U.S. Department of Commerce)
Import Turnover Tax
All industrial imports into Germany are subject to an "Import
Turnover Tax" of 19%, which is charged on the duty-paid value of
the import article plus the customs duty, which varies by item.
(Exemptions: certain agricultural and a few other products, which
are taxed 7% ad valorum). The Import Turnover Tax is designed to
place the same tax burden on imported goods as goods produced
domestically, on which is levied a 19% "Value-added Tax" (VAT).
The German customs authorities collect both customs duty and
Import Turnover Tax.
It is important, however, to collect and present all invoices as originals in order to deduct any VAT charges from one's own tax liability or to get reimbursed by the German Ministry of Finance, if eligible.
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 information on existing trade barriers, please see the
National Trade Estimate Report on Foreign Trade Barriers,
published by USTR and available through the following website:
http://www.ustr.gov/Document_Library/Reports_Publications/2007/2007_NTE_Report/Section_Index.html?ht.
Information on agricultural trade barriers can be found at the
following website: http://www.useu.usmission.gov/agri/usda.html.
To report existing or new trade barriers and get assistance in
removing them, contact either the Trade Compliance Center at
http://www.trade.gov/tcc or the U.S. Mission to
the European Union at http://www.buyusa.gov/europeanunion.
Import Requirements and Documentation
The Integrated Tariff of the Community, referred to as TARIC
(Tarif Intégré de la Communauté), 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 license is required for a particular
product, check the TARIC.
The TARIC can be searched by country of origin, Harmonized System
(HS) Code, and product description on the interactive website of
the Directorate-General for Taxation and the Customs Union. The
online TARIC is updated daily.
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.
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:
- Name (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:
http://www.zoll.de/
http://www.germany-info.org/relaunch/info/consular_services/customs/tariff.html
The summary declaration is to be lodged 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.
Non-EU goods presented to customs must be assigned a
customs-approved treatment or use authorized for such
non-Community goods. Where goods are covered by a summary
declaration, the formalities for them to be assigned a
customs-approved treatment or use must be carried out:
- 45 days from the date on which the summary declaration is lodged in the case of goods carried by sea;
- 20 days from the date on which the summary declaration is lodged in the case of goods carried other than by sea.
Where circumstances so warrant, the customs authorities may set a
shorter period or authorize an extension of the period.
The Modernized Customs Code (MCC) of the European Union is
expected to be passed into law in the first half of 2008. The MCC
will replace the existing Regulation 2913/92 and simplify various
procedures such as introducing a paperless environment,
centralized clearance, and more. Check the EU’s Customs website
periodically for updates:http://ec.europa.eu/taxation_customs/customs/procedural_aspects/general/community_code/index_en.htm.
U.S. Export Controls
The Wassenaar Arrangement on Export Controls for Conventional
Arms and Dual-Use Goods and Technologies is one of four
multilateral export control regimes in which the United States
and Germany participate. The Arrangement's purpose is to
contribute to regional and international security and stability
by promoting transparency and greater responsibility in transfers
of conventional arms and dual-use (i.e., those having both civil
and military uses) goods and technologies to prevent
destabilizing accumulations of those items. The Wassenaar
Arrangement establishes lists of items for which member countries
are to apply export controls. Member governments implement these
controls to ensure transfers of the controlled items do not
contribute to the development or enhancement of military
capabilities that undermine the goals of the Arrangement and are
not diverted to support such capabilities. In addition, the
Wassenaar Arrangement imposes some reporting requirements on its
member governments.
The U.S. Government controls all items for export that are
controlled multilaterally by the Wassenaar Arrangement. In
general, export controls for dual-use goods and technologies
controlled in the Wassenaar Arrangement are administered by the
U.S. Department of Commerce and controlled for National Security
reasons on the Commerce Control List. The U.S. Department of
State administers export controls on conventional arms.
More information under: http://www.bis.doc.gov
Temporary Entry
For temporary entry it is usually advisable to purchase an ATA Carnet, which allows for the temporary, duty-free entry of goods into over 50 countries, and is issued by the United States Council for International Business by appointment of the U.S. Customs Service: http://www.uscib.org
Labeling and Marking Requirements
The European Union does not generally legislate packaging and
labeling requirements, but does so for what it sees as specific
high-risk products. In the absence of any EU-wide rules, the
exporter has to consult national regulations or inquire about
voluntary agreements among forwarders that affect packaging and
labeling of containers, outside packaging, etc. Importers or
freight forwarders should be able to advise U.S. exporters on
shipping documents and outer packaging/labeling. European Union
customs legislation only regulates administrative procedures,
such as type of certificate and the mention of rule of origin on
the customs forms and shipping documents. Product-specific
packaging and labeling requirements applicable throughout the EU
apply to food, medicines, chemicals, pharmaceuticals and other
items EU authorities regard as high-risk. The stated purpose of
harmonizing such legislation throughout the EU is to minimize the
risk for consumers (the end user).
The CE mark is mandatory in the 25 EU countries for any
electrical apparatus and often more than one CE mark law may
apply.
The relevant EU website with more details regarding CE
mark/electrical equipment is http://europa.eu.int/comm/enterprise/electr_equipment/index.htm.
For example, for medical devices, it is http://ec.europa.eu/enterprise/medical_devices/index_en.htm.
In addition to product-specific labeling and packaging
requirements, there is also more general consumer-related
legislation. http://europa.eu.int/comm/consumers/policy/developments/labelling/lab01_en.pdf
Eco-Label
Since its inception ten years ago, many companies have recognized
the benefits of adopting the EU Eco-Label scheme. There are
currently 135 companies licensed under the regime, and it has
been awarded to 21 product groups. The products range from
paints, detergents, and refrigerators to tourist accommodation.
The number is growing and it is the only voluntary scheme that
covers products moving across borders within the EU. It sets
ecological criteria for a range of products and services in a
transparent way so that the consumer can make a more informed
choice in order to support sustainable consumption patterns. The
EU Eco-Label program takes the lifecycle (from cradle to grave)
of a product into account, e.g., the materials, health
implications, and waste factors that may have an impact on the
environment.
The “Blue Angel” is a voluntary environmental labeling program. Created in 1977 by the Interior and Environmental Ministry, it is the oldest environment-related label in the world. The mark is awarded to products and services, which are beneficial to the environment. High standards of occupational health and safety, ergonometrics, economical use of raw materials, service life and disposal are also factors covered under this “seal of approval.”
According to the German Ministry for Environmental Affairs, the Blue Angel offers companies the opportunity to document their environmental competence in a simple and inexpensive way, thereby enhancing their market image. About 3,700 products and services have been awarded the label, including, recently, mobile phones and marine transport.
An overview of EU mandatory and voluntary labeling and marking requirements has been compiled in a market research report that is available at: http://www.buyusainfo.net/docs/x_4171929.pdf.
The subject has been also been covered in the section about standards (see below).
Customs Regulations and Contact Information
The website of the German Customs Authorities is: http://www.zoll.de/
Standards
- Overview
- Standards Organizations
- Conformity Assessment
- Product Certification
- Accreditation
- Publication of Technical Regulations
- Labeling and Marking
Overview
Products tested and certified in the United States to American
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 standards created under the New Approach are
harmonized across the 27 EU Member States and European Economic
Area countries to allow for the free flow of goods. A feature of
the New Approach is CE marking. While harmonization of EU
legislation can facilitate access to the EU Single Market,
manufacturers should be aware that regulations and technical
standards might also function as barriers to trade if U.S.
standards are different from those of the European Union.
Most manufacturers believe the EU’s attempt to harmonize the
various product safety requirements and related standards for
industrial products of its member states has generally helped
open member state markets. It did not, however, get entirely rid
of voluntary national requirements, a fact which complicates the
issue. Theoretically, during a transition period, national
requirements must be met. (After the transition period, the EU
"CE" mark supersedes all other compliance certificates, provided
the products in question are covered by an EU directive.) The
EU's efforts to harmonize standards through the "New Approach"
certification-facilitating directives (and separately developed
European standards) are incomplete as far as sectors covered. In
some cases, U.S. firms (for example, in the automotive or
pharmaceutical sectors) will have to worry about complying with
the specific requirements of all applicable "Old Approach"
product-specific EU technical legislation.
This is doubly important because, to the extent EU-wide standards
are developed, there is a high probability that the existing
German standard will form the basis for the eventual European
standard. In many cases, Germany will also be the first member
country to implement EU-wide standards. The implementation of
electromagnetic compatibility standards (EMC), despite a
five-year phase-in period, surprised many affected companies -
not only foreign, but also German.
German buyers may require additional performance or quality
marks, which are not necessarily legally required, but which
greatly enhance a product's chances to be marketed. Both EU
requirements and the standards for a German quality or
performance mark will, in many cases, require modifications for
an imported product. Even if the product does not require
modification, it may still need testing and certification before
it can be marketed.
Two non-mandatory marks which may still be critical to
successfully marketing product in Germany are the "geprüfte
Sicherheit" (GS) mark, for mechanical products, and the "Verband
Deutscher Elektrotechniker" (VDE) mark for electrical
components.
Neither the "GS" nor the "VDE" mark are mandatory for most
products sold in Germany except for products for use in certain
work place applications, where these marks are required to meet
insurance requirements. However, many German consumers look for
these marks as an additional sign of quality, similar to the UL
mark in the U.S., regardless of legal requirement.
Standards Organizations
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:
- CENELEC, European Committee for Electrotechnical Standardization
(http://www.cenelec.org/Cenelec/Homepage.htm)
- ETSI, European Telecommunications Standards Institute (http://www.etsi.org/)
- CEN, European Committee for Standardization, handling all other standards
(http://www.cen.eu/cenorm/homepage.htm)
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 12). 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
DIN website
NIST Notify U.S. Service
Member countries of the World Trade Organization (WTO) are
required under the Agreement on Technical Barriers to Trade (TBT
Agreement) to report to the WTO all proposed technical
regulations that could affect trade with other Member
countries.
Notify U.S. is a free, web-based e-mail subscription
service that offers an opportunity to review and comment on
proposed foreign technical regulations that can affect your
access to international markets. Register online at Internet URL:
http://www.nist.gov/notifyus/
Conformity Assessment
Conformity Assessment is a mandatory step for the manufacturer in the process of complying with specific EU legislation. The purpose of conformity assessment is to ensure consistency of compliance during all stages of the production process to facilitate acceptance of the final product. EU product legislation gives manufacturers some choice with regard to conformity assessment, depending on the level of risk involved in the use of their product. These range from self-certification, type examination and production quality control system, to full quality assurance system. You can find conformity assessment bodies in individual Member State country in this list by the European Commission. http://ec.europa.eu/enterprise/newapproach/nando/
Accreditation of conformity assessment bodies
Conformity assessment bodies evaluate the competence of German
entities to carry out tests and certifications in accordance with
third country law. Following a successful appraisal, the entities
are accredited, and the scope of their accredited work is
designated by the conformity assessment body of a Federal
Ministry.
EC agreements with third countries
The Mutual Recognition Agreements on Conformity Assessment (MRAs)
form the basis of the accreditation and designation of conformity
assessment bodies. These agreements stipulate that the authority
in the importing country recognizes the evaluation of devices or
quality management systems conducted by a conformity assessment
body located in the exporting country. This situation means that
EU manufacturers can receive confirmation of compliance with
third country regulations from EU conformity assessment bodies.
The agreements imply the mutual acceptance of conformity
assessment bodies and systems. They do not however imply mutual
recognition (harmonization) of regulation. Thus, the regulations
of the importing contract party apply.
MRA with the United States
The Agreement on Mutual Recognition with the United States of
America was signed with the EU on May 18, 1998, and came into
effect June 22, 1998.
The texts of the agreement and further information can be found on the EU website, http://europa.eu.int/comm/trade. All conformity assessment bodies accredited are obliged to participate in the confidence-building exercises and in the national MRA information exchange. This information exchange of the notified bodies is in accordance with the Medical Devices Law (EK-Med).
Recognized conformity assessment bodies
An overview of existing recognized conformity assessment bodies
can be found on the website of the European Commission, http://europa.eu/index_en.htm
Product Certification
To sell products on the EU market of 27 Member States, as well as Norway, Liechtenstein and Iceland, U.S. exporters are required to apply CE marking whenever their product is covered by specific product legislation. CE marking product legislation offers manufacturers a number of choices and requires decisions to determine which safety/health concerns need to be addressed, which conformity assessment module is best suited to the manufacturing process, and whether or not to use EU-wide harmonized standards.
Organizations responsible for testing and certification are, for example, Underwriters Laboratories or the "Technischer Überwachungsverein e.V. - TÜV" (Technical Inspection Association). TÜVs are private companies set up by various German states to inspect and test products for compliance with German safety standards. Individual TÜVs have also been authorized by the German Government to test products for compliance with EU legislation and many have established representative offices in the United States. Within the DIN group, certification services are offered by: DIN CERTCO (product and services certification), and DQS (management systems).
For the VDE (Association for Electrical, Electronic & Information Technologies) mark, which is applicable for electrical products only, companies can obtain information directly from the VDE (for contact information please see below).
The process for "VDE" certification is the same as that of the "GS" mark. Firms interested in certification should contact a U.S.-based test laboratory or a Conformity Assessment Body (see: http://ts.nist.gov/Standards/Global/europe.cfm).
Self-Certification
For certain products, self-certification by manufacturers
(through a Manufacturer’s Declaration of Conformity) is
sufficient. Further information is available from the contacts
listed at the end of this chapter (see http://www.buyusa.gov/europeanunion).
Agreements on Certification
CB - IEC System for Conformity Testing to Standards for safety of
electrical equipment
CCA - CENELEC Certification Agreement
CECC - CENELEC Electronic Components Committee - System for
electronic components of assessed quality
ENEC - ENEC Agreement
HAR - CENELEC Agreement for the use of an agreed marking for
cables and cords in combination with harmonized standards
IECQ - IEC System for the quality assessment of electronic
components and associated materials
Accreditation
Independent certification bodies, known as notified bodies, have
been officially accredited by competent authorities to test and
certify to EU requirements. However, under U.S.-EU Mutual
Recognition Agreements (MRAs), notified bodies based in the
United States and referred to as conformity assessment bodies,
are allowed to test in the United States to EU specifications,
and vice versa. The costs are significantly lower which results
in U.S. products becoming more competitive. At this time, the
U.S.-EU MRAs cover the following sectors: EMC (in force), RTTE
(in force), medical devices (in transition), pharmaceutical (on
hold), recreational craft (in force) and marine equipment (in
force). The U.S. Department of Commerce, National Institute of
Standards and Technology (NIST), has a link on its website to
American and European Conformity Assessment bodies operating
under a mutual recognition agreement.
http://ts.nist.gov/Standards/Global/mra.cfm
The German Accreditation Council (DAR) is a working group
established in 1991 by ministries of the German Federal
Government, ministries of the German federal states, and by
representatives of the German industry.
The DAR coordinates the activities in the field of accreditation
and recognition of laboratories, certification, and inspection
bodies as far as they are represented in the DAR; it represents
German interests in national, European and international
organizations dealing with general issues of accreditation and
recognition, including voluntary and mandatory (KOGB) areas. The
DAR itself does not carry out any accreditations or
recognitions.
All accreditation bodies represented in the DAR are operating on
the basis of the EN 45000/EN ISO/IEC 17000 standard series and
the DAR resolutions. With permission of the DAR, they may
therefore use DAR certificates for accreditation.
Publication of Technical Regulations
Technical regulations are published by the publishing house of
DIN, Beuth Verlag: www.beuth.de
The Official Journal is the official gazette of the European
Union. It is published daily on the internet and consists of two
series covering draft and adopted legislation as well as case
law, questions from the European Parliament, studies by
committees, and more (http://europa.eu.int/eur-lex/lex/JOIndex.do?ihmlang=en).
It lists the standards reference numbers linked to legislation
(http://www.newapproach.org/Directives/DirectiveList.asp).
National technical Regulations are published on the Commission’s
website http://ec.europa.eu/comm/enterprise/tris/ to allow
other countries and interested parties to comment.
Labeling and Marking
Manufacturers should be mindful that, in addition to the EU’s mandatory and voluntary schemes, national voluntary labeling schemes might still apply. These schemes may be highly appreciated by consumers, and thus, become unavoidable for marketing purposes.
Manufacturers are advised to take note that all labels require metric units although dual labeling is also acceptable until end of December 2009. The use of language on labels has been the subject of a Commission Communication, which encourages multilingual information, while preserving the right of Member States to require the use of language of the country of consumption.
The EU has mandated that certain products be sold in standardized quantities. Council Directive 2007/45/EC, to replace 80/232/EC in April 2009, harmonizes packaging of wine and spirits throughout the EU. Existing national sizes will be abolished with a few exceptions for domestic producers. http://ec.europa.eu/enterprise/prepack/packsize/packsiz_en.htm
The Eco-label
EU legislation in 1992, revised in 2000, distinguishes environmentally friendly products and services through a voluntary labeling scheme called the Eco-label. Currently, the scheme applies to 7 product groups: cleaning products, appliances, paper products, clothing, lubricants, home and garden products and tourism services. The symbol, a green flower, is a voluntary mark. The Eco-label is awarded to producers who can show that their product is less harmful to the environment than similar products. This “green label” also aims to encourage consumers to buy green products. However, the scheme does not establish ecological standards that all manufacturers are required to meet to place product on the market. Products without the EU Eco-label can still enter the EU as long as they meet the existing health, safety, and environmental standards and Regulations.
The EU Eco-label is a costly scheme (up to EUR 1,300 for registration and up to EUR 25,000/year for the use of the label, with a reduction of 25% for SMEs) and has therefore not been widely used so far. However, the Eco-label can be a good marketing tool and, given the growing demand for green products in Europe, it is likely that the Eco-label will become more and more a reference for green consumers.
http://buyusainfo.net/docs/x_4284752.pdf
http://ec.europa.eu/comm/environment/ecolabel/index_en.htm
Agricultural Products
General Veterinary Requirements: In April 1997, the U.S. and the EU reached an equivalency agreement on an overall framework for recognizing each other’s veterinary inspection systems. The veterinary equivalency agreement covers more than USD 1.5 billion in U.S. animal product exports to the EU and an equal value of EU exports to the United States. The agreement preserved most pre-existing trade in products, such as pet food, dairy, and egg products. All beef and pork exported to Germany for human consumption must come from slaughterhouses, cutting plants, and cold stores approved for export to the EU. Since 1989, the EU has prohibited imports of beef from cattle treated with growth hormones. Soon after this ban went into effect, an agreement was reached between the United States and the EU that allows American producers of beef from animals not treated with hormones to export to the EU under certain conditions.
Beef: The EU beef market is largely insulated from the world market by high import duties. Import opportunities do exist, however, for selected products that are covered by fixed, relatively low tariffs or special quota. Most notably, the EU grants market access through a quota for annual imports of up to 11,500 MT of high-quality beef (HQB) from the United States and Canada. Beef entering the EU under the HBQ tariff-rate quota are subject to a 20 percent duty.
Pork: Selected market opportunities exist for imports of pork. Market access within the EU has improved through the creation of a tariff-rate quota (TRQ) totaling 66,500 MT. The TRQ includes a 39,000 MT allocation for tenderloins, boneless loins and boneless hams.
Poultry: Unfortunately, U.S. and EU negotiators have not
been able to reach agreement on a number of important points
during the veterinary equivalency negotiations, particularly in
the poultry sector. The most contentious issue is the use of
pathogen reduction treatments in U.S. poultry processing. Most
forms of anti-microbial treatments are prohibited in the EU. The
EU’s ban on anti-microbial treatments effectively blocks U.S.
poultry exports to the EU, which were estimated at USD50 million
in 1996.
Dairy Products: The veterinary agreement allows for the
resumption of U.S. dairy product exports to Germany. Under the
Uruguay Round Agreement, the variable levy on dairy products was
replaced by a fixed tariff equivalent.
Pet food: U.S. pet food exports to the EU must comply with
EU regulation 1774/2002. This regulation, implemented in 2004,
requires that animal by-products used in the production of feeds
and pet food be derived from the carcasses of animals declared
fit for human consumption following veterinary inspection.
Provisions include a ban on intra-species recycling, fallen stock
and restrictions on yellow grease. Certain categories of pet food
have to be denatured with specified substances. Pet food plants
have to be dedicated to the production of product fit for human
consumption.
Plant Health: As part of the Single Market exercise, plant
health regulations in the 27 European Union Member States have
been harmonized. The new regulations went into effect on June
1,1993, for the 15 members then in the EU and in 2004 for the new
accession countries. The EU has been successful in reducing the
number of phytosanitary restrictions and new marketing
opportunities have been created for U.S. horticultural exports.
Phytosanitary certificates are required for many imported fresh
products. With respect to the use of solid wooden packing
materials (SWPM), it is important to note that the EU intends to
require that all SWPM be either heat treated or fumigated
beginning January 1, 2009. In addition to these treatment
requirements, the material has to be free of bark. EU scientists
fear that improperly treated SWPM is at risk for re-infestation.
International plant protection standards as agreed upon by the
United States do not require the absence of bark. Exporters
should carefully follow the status of EU import requirements to
avoid problems at the EU port of entry.
Horticultural Products: Germany is an important market for
United States horticultural products. Principal products include
almonds, walnuts, pistachios, prunes, raisins, citrus, and pears.
Horticultural products entering Germany face a number of import
restrictions. In addition to considerable tariffs that vary by
product, imports of selected produce (tomatoes, cucumber,
artichokes, zucchini squash, citrus, table grapes, apples, pears,
apricots, cherries, peaches, nectarines and plums) are subject to
an entry price system. Under such a system, imports that have a
price at or above the respective entry price are assessed only
the appropriate ad valorem duty. Imports, which have a price
below, but within a certain range of the entry price, are
assessed the ad valorem duty plus a specific duty that is the
difference between the import price and the entry price. “Within
a certain range” generally means within eight percent of the
entry price. Imports having a price more than 8% below the entry
price are assessed the ad valorem duty plus a very large specific
duty (known as the tariff equivalent) which generally takes the
cost of the product (import price plus duties) far above the
entry price.
Organic Products: There is a growing market within Germany
for certified organic products. Since July 1992, EU-wide
regulations on marketing organic products have been in effect.
Administrative hurdles still slow down the development of this
promising import market. The U.S. National Organic Program Final
Rule became fully implemented in October 2002. Adherence to EU
regulations should help to reduce bureaucratic import
requirements. Nonetheless, until the EU and the U.S. negotiate an
organic equivalency agreement, importers must work through German
authorities to submit oversight information on certified organic
products on a case-by-case basis. In 2004, the EU implemented an
Action Plan to promote the production and consumption of
organically grown and produced foods. Since this is a very
generic promotion program, suppliers of organic products
worldwide should also be able to take advantage of it. Currently,
about 4% of German agricultural output is organic.
Consumer-Ready Products: Imports of consumer-ready food
products into Germany face many market access restrictions and
very strict food laws. In addition to bound import duties, the EU
has established a complex system of border protection measures
for food products. Since prices for basic agricultural
commodities, such as dairy products, sugar and cereals are
considerably higher than world market prices, the EU maintains a
mechanism to protect European consumer-ready food products from
imports made with lower-price inputs. Therefore, most processed
products entering the EU are subject to additional import charges
based on the percentage of sugar, milk fat, milk protein, and
starch contained in the product. These additional import charges
have made many imported processed food products non-competitive
in the EU market. Reports on the German retail and gastronomy
sectors are available under “attaché reports” at http://www.fas.usda.gov/scriptsw/attacherep/default.asp.
Packaging Disposal: With the tremendous increase in waste
and disposal problems, Germany has established legislation that
contains certain rules for the disposal of packaging materials.
In response to this legislation, a cooperative effort for the
collection and recycling of packaging materials was initiated.
The organization involved is called the “Duales System
Deutschland” and it administers the use of the “Green Dot,” a
recycling symbol that is found on the packaging material of
virtually all products sold in Germany. While packaging materials
for products sold in Germany are not legally required to carry
the Green Dot, it is almost impossible to market a product in
Germany without it. Typically, the importer pays a license fee to
the user of the Green Dot, depending on the type and amount of
packaging, and provides the exporter with the information
necessary. In 2003, German retailers began requesting a deposit
for disposable or "one-way" drink packages, i.e., soft drink or
beer cans. Since the requested deposit is about three times as
high as that requested for returnable beer bottles, it could
disadvantage imported drinks.
U.S. Agricultural Commodity Associations Active in
Germany
A number of U.S. agricultural commodity and other trade
associations conduct market development programs in Germany. In
some cases, these associations maintain field offices in Germany,
while others may have a trade representative or public relations
company representing their interests. Others may cover Germany
from elsewhere in Europe or from offices in the United States.
The USDA-operated Market Access Program (MAP) and Foreign Market
Development program (FMD) provides a portion of the funding for
the market development programs of these associations. For
further information about the MAP and FMD program or to know more
about which associations are active in Germany, please contact
the Office of Agricultural Affairs at the U.S. Embassy in Berlin
(see first section for phone, address and e-mail).
Trade Agreement
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.
Web Resources
1. Product legislation:
http://ec.europa.eu/enterprise/index_en.htm
http://www.ts.nist.gov/ts/htdocs/210/217/export-alert.htm
2. CE Mark legislation:
http://europa.eu.int/comm/enterprise/newapproach/legislation/guide/
http://www.newapproach.org/
3. European standards:
http://europa.eu.int/comm/enterprise/newapproach/legislation/guide/
http://www.newapproach.org/
http://www.cenorm.be/catweb
4. EU Notified bodies:
http://www.europa.eu.int/comm/enterprise/newapproach/legislation/nb/notified_bodies.htm
5. Test laboratories:
6. Deutscher Akkreditierungsrat (DAR):
7. Labeling:
http://europa.eu.int/comm/consumers/policy/developments/labelling/lab01_en.pdf
8. TÜV:
9. Other Sources:
BMU – (Federal Environment Ministry)
http://www.bmu.de/
BMWA –(Federal Ministry of Economics and Labor)
http://www.bmwi.de/
DAR – (German Accreditation Council)
http://www.dar.bam.de/
DIN – (German Standards Institute)
http://www2.din.de/
NIST – National Institute of Standards and
Technology
http://www.nist.gov/
UL - Underwriters Laboratories, Inc.
http://www.ul.com/
VDE – Verband der Elektrotechnik, Elektronik und
Informationstechnik
(Association for Electrical, Electronic & Information
Technologies.)
http://www.vde.de/
VDMA - Verband deutscher Maschinen- und Anlagenbau
e.V.
http://www.vdma.de/
ZLG – Zentralstelle der Länder für Gesundheitsschule bei
Arzneimitteln und Medizinprodukten
(Central Authority of the Federal States for Health Protection
regarding Medicinal products and Medical Equipment)
http://www.zlg.nrw.de/
ZVEI - Zentralverband Elektrotechnik- und
Elektronikindustrie e.V.
(Central Federation for the German Electrical and Electronics
Industry)
http://www.zvei.de/