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Trade Regulations, Customs and Standards

Import Tariffs

EU import tariffs vary depending on the product, however for most U.S. exports the tariffs are relatively low. In fact, over half of all products from non-EU countries enter without any tariff. The average EU tariff level for manufactured goods is relatively low at 3.5 percent, but some goods are taxed at a higher rate. For example, passenger cars and office machines have duties of about 10 percent. For certain kinds of shoes and special motor vehicles, the rate may be up to 18 percent. U.S. exporters can obtain EU import tariff rates at the following websites: http://europa.eu.int/comm/taxation_customs/databases/database.htm or http://ec.europa.eu/comm/taxation_customs/common/databases/taric/index_en.htm.

Trade Barriers

In general, officially there are no non-tariff barriers for U.S. companies entering the Austrian market.  However, certain practices in certain sectors should be a concern to certain U.S. industries.  For an exhaustive analysis of non-tariff barriers (especially in the pharmaceutical, telecom, biotechnology, refrigerant, and legal and accounting services sectors) in Austria and throughout the European Union, please refer to the National Trade Estimate Report on Foreign Trade Barriers, published by USTR and available through the following website: http://www.ustr.gov/ or http://useu.usmission.gov. Information on agricultural trade barriers can be found at the following website: http://www.useu.be/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.

Some goods are subject to tariff-rate quotas, whereby after a certain quantity of the product has entered the EU at a low or zero duty rate, the rate is increased.  These are primarily goods determined to be useful to the European economy only in certain quantities, generally raw materials or parts.  The most important tariff quotas for manufactured goods are on chemicals and electronics.  Both are administered on a first-come, first-served licensing basis.  The Austrian importer can get information about the extent to which the quota has been filled through the Customs Office Suben, which has an on-line connection to Brussels, as well as through the Main Customs Offices (Hauptzollaemter) or via the internet at www.europa.eu.int/comm/taxation_customs/databases/database.htm.

Import Requirements and Documentation

When a delivery is made to Austria, the products become subject to the import value-added tax (Einfuhrumsatzsteuer) upon entry into the Austrian customs area.  The import value-added tax is assessed according to the customs value of imported goods.  The importer is entitled to claim a refund of the import value-added tax from the tax office once the product is sold again in the distribution chain.

Finally, the end-user is subject to the Value Added Tax (VAT), which generally amounts to 20 percent in Austria.  For food products the VAT is 10 percent only.  Alcoholic beverages fall into the 20 percent VAT category.

The rates for the import value-added tax and the VAT are identical.  The VAT is a pure tax on transactions that is ultimately absorbed by the end-user or consumer.

The European Union, and therefore Austria, requires import licenses for a number of products, first and foremost for agricultural produce and products.  This holds for all originating countries, including the United States.  Special rules apply for imports of particular products and countries, such as shoes from China.  European Union import quotas are managed through the granting of import licenses to qualified firms.  In general, an Austrian importer must possess an export license from the supplier country, and then obtain permission to import from the Austrian authorities (Einfuhrbewilligung).  For imports of agricultural products, importers should contact Agrar Markt Austria (AMA), Dresdner Strasse 70, A-1201 Vienna, tel: +43 1 331 51-0. (www.ama.at).  The licensing authority for most other goods is the Austrian Ministry of Economics and Labor.

The import of war materiel requires a license and individual approval of each shipment.  The licensing authority responsible for these products is the Austrian Ministry of the Interior (www.bmi.gv.at).

Import Licenses

The Integrated Tariff of the Community, referred to as TARIC (acronym for "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 TARIC is updated annually.

It is important to note that the World Customs Organization has released the third update in more than 20 years to the HS Code.  There are major production classification revisions to chapters 84 and 85.  This affects not just the EU, but all 121 contracting parties to the HS starting January 2007.

In addition, many EU Member States maintain their own list of goods subject to import licensing.  For example, Austria’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 Austrian or EU law.

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

Import Documentation

Non-agricultural Documentation

The official model for written declarations to customs under "Normal Procedure" is the Single Administrative Document (SAD).  European Free Trade Association (EFTA) countries including Norway, Iceland, Switzerland, and Liechtenstein also use the SAD.  However, other forms may be used for this purpose.  Information on import/export forms is contained in Title VII, of Council Regulation (EEC) No. 2454/93, which lays down provisions for the implementation of Council Regulation (EEC) No. 2913/92 establishing 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.

Additional information on import/export documentation can be found in Title III, of Council Regulation (EEC) No. 2913/92 of October 12, 1992, establishing the Community Customs Code (Articles 37 through 57).

Goods brought into the customs territory of the Community are, from the time of their entry, subject to customs supervision until customs formalities are completed.

Goods presented to customs are covered by a summary declaration, which is lodged once the goods have been presented to customs.  The customs authorities may, however, allow a period for lodging 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 can be made on a form corresponding to the model prescribed by the customs authorities.  However, the customs authorities may permit the use, as a summary declaration, of any commercial or official document that contains the particulars necessary for identification of the goods.  Shippers are encouraged to make the summary declaration in computerized form.

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.

Batteries

New EU battery rules came into force on  September 26, 2006 following the publication of the Directive on batteries and accumulators and waste batteries and accumulators (Directive 2006/66) in the EU's Official Journal.  This new Directive replaces the original Battery Directive of 1991 (Directive 91/157).  The new Directive applies to all batteries and accumulators put on the EU market including automotive, industrial and portable batteries.  It aims to protect the environment by restricting the sale of batteries and accumulators that contain mercury or cadmium (with an exemption for emergency and alarm systems, medical equipment and cordless power tools) and by promoting a high level of collection and recycling. It places the responsibility on producers to finance the costs associated with the collection, treatment, and recycling of used batteries and accumulators.  The Directive also includes provisions on the labeling of batteries and their removability from equipment. EU Member States must implement the EU Directive into their national law by September 26, 2008.  For more information, see our market research report: http://www.buyusainfo.net/docs/x_8086174.pdf

WEEE & RoHS

EU rules on waste electrical and electronic equipment (WEEE), while not requiring specific customs or import paperwork, may require U.S. exporters to register the products with a national WEEE authority, or arrange for this to be done by a local partner.  Similarly, related rules for EEE restricting the use of the hazardous substances (RoHS) lead, cadmium, mercury, hexavalent chromium, PBBs, and PBDEs, do not entail customs or importation paperwork.  However, U.S. exporters may be asked by a European RoHS enforcement authority or by a customer to provide evidence of due diligence in compliance with the substance bans on a case-by-case basis.  U.S. exporters seeking more information on WEEE and RoHS Regulations should visit: http://www.buyusa.gov/europeanunion/weee.html

Agricultural Documentation

Phytosanitary Certificates: Phytosanitary certificates are required for most fresh fruits, vegetables, and other plant materials.

Sanitary Certificates: For commodities composed of animal products or animal by-products, EU countries require that shipments be accompanied by a certificate issued by the competent authority of the exporting country.  This applies regardless of whether the product is for human consumption, for pharmaceutical use, or strictly for non-human use (e.g., veterinary biologicals, animal feeds, fertilizers, research).  Many of these certificates are uniform throughout the EU, but the harmonization process has not been finalized yet.  During this transition period, certain Member State import requirements continue to apply.  Up-to-date information on harmonized import requirements can be found on the following website: http://www.useu.be/agri/certification.html.

Sanitary Certificates (Fisheries): Since April 2006, the EU has accepted the U.S. seafood inspection system as equivalent to the European one.  Consequently, a specific public health certificate must accompany U.S. seafood shipments.  EU Decision 2006/199/EC places specific conditions on imports of fishery products from the U.S. Sanitary certificates for shellfish are covered by Commission Decision 1996/333/EC and must be used for gastropods, bivalve mollusks, tunicates, and echinoderms.  The two competent Authorities for issuing sanitary certificates are the FDA and the U.S. Department of Commerce, National Marine Fisheries Service (NMFS/USDC).

Since May 1, 2004, aquaculture products coming from the United States are subject to specific animal health legislation, i.e. Regulations 2003/804/EC and 2003/858/EC.  An animal health certificate, in addition to a public health certificate, must accompany shipments of aquaculture live bivalve mollusks and finfish.  This animal health certificate is not required in the case of live bivalve mollusks intended for immediate human consumption.  For further information, please contact the NOAA Fisheries office at the U.S. Mission to the EU.

On November 20, 2006, the Commission published an amendment to Regulations 2003/804/EC and 2003/858/EC.  Decision 2006/767/EC, in force as of November 27, 2006, modifies the conditions of imports of aquaculture live bivalve mollusks as well as fishery products for human consumption.

A new EU Hygiene law has been in force since January 1, 2006.  This new set of Regulations aims at simplifying existing rules and at guaranteeing safer food. To facilitate the implementation of the revised rules, the Commission recently published implementing measures and transitional arrangements that are also effective as of January 1, 2006.  These guidelines can be found below:

From May 1, 2007, a second set of new hygiene laws will be in place.  They will greatly modify import requirements for animal and animal products.

For detailed information on import documentation for seafood, please see the following web site: http://www.nmfs.noaa.gov or http://www.cfsan.fda.gov/.

U.S. Export Controls

Austria is a member of the Australia Group, the Missile Technology Control Regime, the Nuclear Supplier Group and the Wassenaar Arrangement. Exporting to Austria is not subject to any special licensing requirements. For more information about export licensing, please visit the Bureau of Industrial Security

Temporary Entry

There are no tariffs imposed on goods that enter Austria on a temporary basis for a particular purpose, such as transit goods or goods intended for demonstration or exhibition at trade fairs. A refundable security deposit is required equal to applicable import duties.

In the case of a commodity that is imported on a temporary basis to be used and returned (such as machinery), a compensatory levy of 3 percent per month applies if the commodity would be dutiable if imported permanently into Austria.  If replacement parts for warranty or non-warranty repairs of a product are brought into Austria on a temporary basis and the products are re-exported after repair, no duties and taxes will be charged for this transaction. This would be handled by a carnet in the so-called excise bond procedure.

Labeling and Marking Requirements

This chapter provides some general information about labeling. Important note: labeling is always linked to the product itself! Labels appear in the form of text or numerical statements that may be required but are not necessarily recognized on a universal basis. Labels typically indicate more specific information about a product, such as measurements, or an indication of materials. There are mandatory and voluntary labels for the Austrian market.

The use of language on labels has been the subject of a Commission Communication, which encourages multilingual information, while preserving the freedom of Member States to require the language of the country of consumption. In Austria, language requirements for labeling and marking of products depend on the type of product and the intended use. For some product categories, especially those with a health or environmental impact, it is mandatory to label products in German.  Although not required for all products sold in Austria, for marketing purposes it is advisable to include German on all labels.

Products that require labels but are not adequately labeled (Kennzeichnungspflicht) are stopped at the border and must be labeled correctly within three weeks.  The company importing the product bears the responsibility to ensure that products are certified and properly marked before they are offered for sale.

For detailed information about the labeling of your products, please contact the U.S. Commercial Service in Austria at:

Email: Vienna.Office.Box@mail.doc.gov

More detailed information about labeling can be found at: http://www.buyusainfo.net/docs/x_4171929.pdf

An overview of EU mandatory and voluntary labeling and marking requirements has been compiled in a market research report that is available on

http://www.export.gov/mrktresearch/index.asp

The subject is also covered in the section on standards in this chapter (see below).

Prohibited and Restricted Imports

The import of certain commodities into Austria is prohibited, usually the result of international sanctions and the like. A variety of goods and commodities are subject to import (and export) restrictions to protect the safety and lives of humans, animals and plants, safeguard national security, or to protect artistic, cultural or intellectual property. Examples would be restrictions and controls on the import of certain foodstuffs, wines, drugs, pharmaceuticals, seeds, war materiel, and antiques.

The Integrated Tariff of the European Communities, referred to as the TARIC, is designed to show various rules applying to specific products being imported into the customs territory of the EU or, in some cases, being exported from it, with their codes and customs duty rates. To determine if a product is prohibited or subject to restriction, refer to column five of the TARIC register for the specific product and look 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 above.

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

Customs Regulations and Contact Information

Austria is a member of the European Union (EU), and therefore the Austrian Customs regime is based on the EU’s TARIC system, which is determined in Brussels. The TARIC register can be searched by country of origin, Harmonized System Code, and product description on the interactive website of the EU Directorate-General for Taxation and the EU Customs Union. The TARIC is updated annually in April.

For further information please contact:

Hauptzollamt Wien (Central Customs Office-Vienna)
Schnirchgasse 9
A-1030 Vienna, Austria
Tel.: (0043 1) 795 90 3200
Fax: (0043 1) 795 90 2399
Website: http://www.bmf.gv.at

Tariff information via phone (Monday–Friday from 6:00 am to 10:00 pm):
Zolldokumentationsstelle Villach
Tel.: (0043 4242) 33 233 420 or 421 or 422
E-mail: post.425-ztv.zaktn@N0SPAM.bmf.gv.at

Regulation 648/2005 is the “Security Amendment” to the Customs Code (Regulation 2913/92) and outlines the implementing provisions for Authorized Economic Operators, risk management procedures, pre-departure declarations, and improved export controls.

Tariffs and Import Taxes: Information on customs valuation is contained in Title II, Chapter Three, of Council Regulation (EEC) 2913/92, establishing the Community Customs Code, titled, "Value of Goods for Customs Purposes" (Articles 28 through 36). The primary basis for determining customs value set out in Articles 29 is:

"... the transaction value, that is, the price actually paid or payable for the goods when sold for export to the customs territory of the Community..."

Article 29 lists the following conditions which must be met in determining customs value:

  • There are no restrictions as to the disposal or use of the goods by the buyer, other than restrictions which are imposed or required by a law or by the public authorities in the community, which limit the geographical area in which the goods may be resold, or which do not substantially affect the value of the goods;
  • The sale or price is not subject to some conditional consideration for which a value cannot be determined with respect to the goods being valued;
  • No part of the proceeds of any subsequent resale disposal or use of the goods by the buyer will accrue directly or indirectly to the seller, unless an appropriate adjustment can be made in accordance with Article 32; and
  • The buyer and seller are not related, or, where the buyer and seller are related, that the transaction value is acceptable for customs purposes.

The "price actually paid or payable" in Article 29 refers to the price for the imported goods.  Thus the flow of dividends or other payments from the buyer to the seller that do not relate to the imported goods is not part of the customs value.

Articles 32 and 33 provide for adjustments to the value for customs purposes.  Article 32 lists charges that are added to the customs value, such as, commissions and brokerage, costs of containers, packing, royalties and license fees, and the value of goods and services supplied directly or indirectly by the buyer in connection with the production and sale for export of the imported goods.  Article 33 lists charges that are not included in the customs value, such as charges for transport, charges incurred after importation, charges for interest under a financing arrangement for the purchase of the goods, charges for the right to reproduce imported goods in the Community, and buying commissions.

Effective July 1, 1995, the Commission amended Article 147(1) of Regulation 2454/93 of the Customs Code which affects valuation in the case of successive sales. This amendment "defaults" valuation to the last sale, but allows the value of an earlier sale if it can be demonstrated that such a sale took place for export to the EU.  The evidentiary requirements to support the authenticity of any earlier sales will be based upon commercial documents such as purchase orders, sales contracts, commercial invoices, and shipping documents.

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

For contact information at national customs authorities, please visit:

http://ec.europa.eu/taxation_customs/common/links/customs/index_en.htm

Standards

Overview

Austria is a signatory to the WTO (GATT) Agreement on Product Standards. As a member of the European Union, Austria is obligated to adopt European standards. While some European standards are already legally binding, others may still be in a transition phase, and still others may be awaiting national implementation. In the absence of a European standard, the national standard will apply.

National Standards: Austrian national standards are prepared and administered by the Austrian Bureau of Standards (Oesterreichisches Normungsinstitut - ON), a private non-profit organization incorporated by the Austrian Parliament in the Standards Act of 1971 as the only Austrian body to issue and endorse Austrian standards. The ON can also provide information on nongovernmental standards.

Products tested and certified in the U.S. to American standards are likely to have to be retested and re-certified to European Union (EU) requirements because 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 in recent years under the New Approach are harmonized across the 27 EU member states and European Economic Area countries in order 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 become barriers to trade if U.S. standards are different from those of the European Union.

EU standard-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

ETSI, European Telecommunications Standards Institute

CEN, European Committee for Standardization handling all other standards

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” which monitor and participate in ongoing European standardization. CEN and CENELEC standards are sold by the individual member states standards bodies as well as through the American National Standards Institute (ANSI). ETSI is different in that it allows direct participation in its technical committees from non-EU companies that have interests in Europe and gives away its individual standards at no charge on its website. In addition to the three standards developing organizations, the Commission of the European Union 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. It 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 regulations. All EU harmonized standards, which provide the basis for CE marking, can be found on http://www.newapproach.org/.

Due to the EU’s vigorous promotion of its regulatory and standards system as well as its generous funding for its business development, the EU’s standards regime is wide and deep -- extending well beyond the EU’s political borders to include affiliate members (countries which anticipate becoming full members in the future) such as Albania, Bulgaria, Croatia, Romania, FYR of Macedonia, and Turkey. Another category, called “partner standardization bodies,” includes the standards organizations of Russia, Bosnia-Herzegovina, Tunisia, Egypt, Serbia/Montenegro and Ukraine, which are not likely to join the EU or CEN any time soon, but which have an interest in participating in specific CEN technical committees. They agree to pay a fee for full participation in certain technical committees and agree to implement the committee’s adopted standards as national standards. Many other countries are targets of the EU’s technical assistance program, which is aimed at exporting EU standards and technical regulations to developing countries such as the Mediterranean and Balkan countries, some Latin American countries, China, and Russia.

To know what CEN and CENELEC have in the pipeline for future standardization, it is best to visit their websites. CEN’s “business domain” page provides an overview by sector and/or technical committee, whereas CENELEC offers the possibility of searching its database. ETSI’s portal leads to ongoing activities.

With the need to adapt more quickly to market needs, European standards organizations have been looking for “new deliverables” which are standards-like products delivered in a shorter timeframe. While few of these “new deliverables” have been linked to EU regulation, expectations are that they will eventually serve as the basis for an EU-wide standard. For further information, refer to: http://www.cenorm.be/cenorm/workarea/sectorfora/isss(ict)/index.asp.

Standard Organizations

Following is the Austrian Organization that develops standards:

Oesterreichisches Normungsinstitut (ON)
(Austrian Bureau of Standards)
Heinestrasse 38, Postfach 130
A-1021 Vienna, Austria
Tel: (43 1) 213 00-613
Fax: (43 1) 213 00-650
Web: http://www.on-norm.at/

The ON prepares standards in a variety of fields: ores and metals, mechanical engineering, building and construction, health and medical equipment, non-metallic materials, chemical and allied industries, special technologies, personal safety, food, environment, and waste management.

About 90 percent of the standards ON prepares are voluntary. The ISO 9000 series of quality management standards is one of the most important voluntary standards in Austria, and has become almost a requirement in many industries.

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/.

Testing

The most important testing organization in Austria is TueV Oesterreich, Krugerstrasse 15, A-1015 Vienna, Austria. Phone: +43 1 514 07-0; Fax: +43 1 514 07-6005.

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 countries in this list by the European Commission http://europa.eu.int/comm/enterprise/nando-is/home/index.cfm. To promote market acceptance of the final product, there are a number of voluntary conformity assessment programs. CEN’s certification systems are the Keymark, the CENCER mark, and the European Standard Agreement Group. CENELEC has its own initiative. ETSI does not offer conformity assessment services.

Product Certification

To sell their product 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. There is no easy way for U.S. exporters to understand and go through the process of CE marking, but hopefully this chapter provides some background and clarification.

In the eighties, the New Approach was launched to overcome the lengthy adoption process of “old approach” type legislation. The goal of the European Union's harmonization program under the New Approach is to streamline technical harmonization and the development of standards for certain product groups, including, among others, machinery, toys, construction products, electromagnetic compatibility, personal protective equipment, non-automatic weighing instruments, medical devices, gas appliances, hot water boilers, and radio and telecommunications terminal equipment (RTTE). Under the New Approach, Directives cover essential safety, health and environmental requirements. The three regional European standards organizations, CEN, CENELEC and ETSI, are mandated by the Commission to develop technical standards that are consistent with the essential requirements of EU Directives.

Products manufactured to standards adopted by CEN, CENELEC and ETSI, and published in the Official Journal as harmonized standards, are presumed to conform to the requirements of EU Directives. The manufacturer then applies the CE Marking and issues a declaration of conformity. With these, the product will be allowed to circulate freely within the European Union. A manufacturer can choose not to use the harmonized EU standards, but must then demonstrate that the product meets the essential safety and performance requirements. Trade barriers occur when design, rather than performance, standards are developed by the relevant European standardization organization, and when U.S. companies do not have access to the standardization process through a European presence.

The CE marking addresses itself primarily to the national control authorities of the Member States, and its use simplifies the task of essential market surveillance of regulated products. Although CE marking is intended primarily for inspection purposes by EU Member State inspectors, the consumer may well perceive it as a quality mark.

The CE mark is not intended to include detailed technical information on the product, but there must be enough information to enable the inspector to trace the product back to the manufacturer or the authorized representative established in the EU. This detailed information should not appear next to the CE marking, but rather on the declaration of conformity, the certificate of conformity (which the manufacturer or authorized agent must be able to provide at any time, together with the product's technical file), or the documents accompanying the product.

Accreditation

Independent certification bodies, known as notified bodies, have been officially accredited by competent authorities to test and certify to EU requirements. Under the U.S./EU Mutual Recognition Agreements (MRAs), however, notified bodies based in the United States and referred to as conformity assessment bodies will be allowed to test in the United States to EU specifications, and vice versa. The costs will be significantly lower and U.S. products will, as a result, become 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 (in transition), and recreational craft (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.

Accreditation is handled at Member state level. European Accreditation is an organization representing nationally recognized accreditation bodies. Membership is open to nationally recognized accreditation bodies in countries in the European geographical area that can demonstrate that they operate an accreditation system compatible with EN45003 or ISO/IEC Guide 58.

The Austrian Accreditation Body:

Bundesministerium fuer Wirtschaft und Arbeit
(Austrian Federal Ministry for Economy and Labor)
Abteilung I/12
Dampfschiffstrasse 4
A-1030 Vienna, Austria
Contact: Dipl-Ing. Guener P. Friers
Tel.: (0043 1) 711 00-82 48
Fax: (0043 1) 714 35 82
E-mail: guenter.friers@N0SPAM.bmwa.gv.at
E-mail: akkreditierung@N0SPAM.bmwa.gv.at

The accreditation of laboratories is required for any sector in Austria.

Technical Regulations

The Official Journal is the official gazette of the European Union. It is published daily 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.

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 US is a free, web-based e-mail subscription service that offers U.S. companies an opportunity to review and comment on proposed foreign technical regulations that can affect their access to international markets.  Companies may register on-line at: http://tsapps.nist.gov/notifyus/data/index/index.cfm

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 preferred by consumers, and thus be essential for marketing purposes.

Manufacturers are advised to take note that all labels require metric units, although dual labeling is also acceptable until the end of December 2009. The use of language on labels has been the subject of a Commission Communication that encourages multilingual information, while preserving the freedom of Member States to require the use of the language of the country of consumption.

The EU has mandated that certain products be sold in standardized quantities.  Council Directive 80/232/EC provides permissible ranges of nominal quantities, container capacities, and volumes for a variety of products.  Please note that this legislation is currently being reviewed in an effort to simplify it.

Key Link:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31980L0232:EN:HTML

The Eco-label

EU legislation of 1992, revised in 2000, distinguishes environmentally friendly products and services through a voluntary labeling scheme called the Eco-label.  Currently, the scheme applies to seven 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 in order to place a product on the market.  Products without the EU Eco-label can still enter the EU as long as they meet existing health, safety, and environmental standards and regulations.

The EU Eco-label is an expensive scheme (costing up to EUR 1,300 for registration and up to EUR 25,000 per year for the use of the label, with a reduction of 25 percent 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 more and more become a reference for green consumers.

Key Links:             http://buyusainfo.net/docs/x_4284752.pdf

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

                             http://www.eco-label.com/.

In June 2005, the European Commission tabled a Communication designed to launch a debate on the best way ahead regarding the eco-labeling of fishery products.  This initiative follows a growing interest by non-governmental environmental organizations and increased interest by the public in food products associated with environmental sustainability.  A number of eco-labeling schemes have already been established with regard to fishery products, and other initiatives are being developed.  It is not always easy to determine the reliability of eco-labeling claims.  International guidelines on eco-labeling have recently been adopted by the Food and Agriculture Organization (FAO) (www.fao.org), and discussions f these issues and their potential effect on free trade are taking place in other international fora such as the World Trade Organization (WTO) (www.wto.org).

Companies selling a broad range of electrical goods in Europe are required to comply with the Waste Electrical and Electronic Equipment Directive (WEEE), and since July 2006 they need to conform to the Restriction on Use of certain Hazardous Substances Directive (RoHS).  One of the requirements is that electrical goods be marked so that consumers do not throw them away with municipal waste.  For details on WEEE and RoHS requirements and implementation, please see the following website: http://www.buyusa.gov/europeanunion/weee.html.

Manufacturers and distributors should be aware of specific requirements regarding the labeling and traceability of foodstuffs, including seafood, which are covered by several EU Regulations:

  • Regulation 178/2002/EC
  • Directive 2000/13/EC, last amended by Directive 2003/89/EC as regards indication of the ingredients present in foodstuffs.
  • Commission Directive 2005/26/EC.
  • Council Regulation 104/2000/EC (seafood)
  • Commission Regulation 2065/2001/EC (seafood, only for retail channels)

Contact Information

U.S. Mission to the E.U.
Foreign Commercial Service
Rue Zinner 13
B - 1000 Brussels, Belgium
Fax: 32 2 513 1228

Gwen B. Lyle – Standards Attaché
Tel: 32 2 508 2674
gwen.lyle@N0SPAM.mail.doc.gov

Sylvia Mohr – Standards Specialist
sylvia.mohr@N0SPAM.mail.doc.gov
Tel: 32 2 508 2675
Fax: 32 2 513 1228

CEN – European Committee for Standardization
Rue de Stassart 36
B – 1050 Brussels, Belgium
Fax: 32 2 550 08 19
Tel: 32 2 550 08 25 / 550 08 11
http://www.cen.eu/cenorm/index.htm

CENELEC – European Committee for Electrotechnical Standardization
Rue de Stassart 35
B – 1050 Brussels, Belgium
Tel: 32 2 519 68 71
Fax: 32 2 519 69 19
http://www.cenelec.org

ETSI - European Telecommunications Standards Institute
Route des Lucioles 650
F – 06921 Sophia Antipolis Cedex, France
Tel: 33 4 92 94 42 12
Fax: 33 4 93 65 22 99
http://www.etsi.org

European Commission
Enterprise Directorate - General
Rue de la Science 15
B – 1040 Brussels, Belgium
Mail: Office: SC15 02/09 B – 1049 Brussels
Tel: 32 2 299 56 72
Fax: 32 2 299 16 75
http://europa.eu.int/comm/enterprise/standards_policy/

EFTA – European Free Trade Association
Rue de Trèves 74
B – 1040 Brussels
Tel: 32 2 286 17 41
Fax: 32 2 286 17 42
http://www.efta.int/

NORMAPME – European Office of Crafts Trades and Small and Medium-Sized
Enterprises for Standardization
Rue Jacques de Lalaing 4
B – 1040 Brussels, Belgium
Tel: 32 2 282 05 31
Fax: 32 2 282 05 35
http://www.normapme.com

ANEC - European Association for the Co-ordination of Consumer Representation in Standardization
Avenue de Tervueren 36, Box 4
B – 1040 Brussels, Belgium
Tel: 32 2 743 24 70
Fax: 32 2 706 54 30
http://www.anec.org

ECOS – European Environmental Citizens Organization for Standardization
Boulevard de Waterloo 34
B – 1000 Brussels, Belgium
Tel: 32 2 289 10 93
Fax: 32 2 289 10 99

EOTA – European Organization for Technical Approvals
(for construction products)
Avenue des Arts 40
B – 1040 Brussels, Belgium
Tel: 32 2 502 69 00
Fax: 32 2 502 38 14
info@N0SPAM.eota.be                                                                                                                                www.eota.be

REACH is a new EU regulatory framework for the Registration, Evaluation and Authorization of Chemicals (REACH), which will enter into force in Austria on June 1, 2007.  The aim is to improve protection of health and the environment through better and earlier identification of the properties of chemical substances.  The REACH Regulation also gives industry greater responsibility to manage the risks from chemicals and to provide safety information on substances.  Manufacturers and importers will be required to gather information on the properties of their substances, which will help them manage them safely, and must register the information in a central database.  A chemicals agency in Helsinki will act as the central point in the REACH system: it will manage the databases necessary to operate the system, co-ordinate the in-depth evaluation of suspicious chemicals, and be responsible for a public database in which consumers and professionals can find information on hazards.

For more information about REACH, please look at: http://www.buyusa.gov/austria/en

Trade Agreements

As an EU member, Austria participates in the European Economic Area (EEA). Austria is also a member of the World Trade Organization (WTO). Although Austria has no bilateral free trade agreements, as an EU member it participates in all EU trade agreements, including:

  • Association agreements involving political and economic elements in addition to tariff reductions with Bulgaria, Switzerland, Czech Republic, Hungary, Iceland, Liechtenstein, Norway, Poland, Romania, Slovak Republic, South Africa.
  • Free trade agreements primarily involving reductions in tariffs. Agreements are in place with Estonia, Latvia, Lithuania, and Mexico.
  • Cooperation agreements concentrating on increasing trade and cooperation, in place with Belarus, Kazakhstan, Kyrgystan, Moldova, Russia, and Ukraine.

In addition, there are trade agreements in place with Cyprus, Malta, Morocco, Tunisia, Egypt, Syria and Israel. There are Customs Union agreements with Turkey, San Marino and Andorra. The EU extends Customs preferences to many African and Caribbean states.

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