Portugal

• Labeling Requirements
• EU Standards of Fill
• Oenological Practices (Winemaking Standards)
• Required Documents
• Licensing
• Import Procedures
• Samples/Advertising
• Taxes/Tariffs
• Contacts

LABELING REQUIREMENTS

Labels must be in Portuguese (other languages can be used on the label as long as the necessary labeling information is also provided in Portuguese).

• Name under which the product is sold: No trademark, brand name or fancy name may substitute the generic name but rather may be used in addition.

• List of ingredients: preceded by the word "Ingredients", must show all ingredients (including additives) in descending order of weight as recorded at the time of their use in the manufacture and designated by their specific name. In the case of those products that may contain ingredients liable to cause allergies or intolerances, a clear indication should be given on the label by the word “contains” followed by the name of the ingredient. However, this indication will not be necessary provided the specific name is included in the list of ingredients.
  
  
• Net quantity of pre-packaged beverage in metric units (litre, centilitre, millilitre)

• Date of minimum durability consisting of day, month and year in that order and preceded by the words "best before" or "best before end" or the "use by" date for highly perishable goods.
  
  
• Any special conditions for keeping or use.

• Name or business name and address of the manufacturer, packager or importer established in the EU.

• Place of origin or provenance

• Instructions of use, where appropriate

• Indication of the acquired alcoholic strength for beverages containing more than 1.2% by volume

• Lot marking on pre-packaged beverages with the marking preceded by the letter "L".

For more information on labeling specific to alcohol beverages, please visit: http://europa.eu.int/scadplus/leg/en/lvb/l32005.htm.

Wine-Specific Labeling:

The following must appear on a label in a single field of vision (i.e. can be viewed without having to turn the bottle), except for the Importer’s details, the Lot number, and allergenic ingredients.

• Wine of “(Insert Country Name)”
• Actual alcoholic strength
• Nominal volume
• Lot Number
• Importer details (must include name of importer, local administrative area and member state) preceded by the word(s) “Importer” or “Imported by”
• Allergenic ingredients (i.e. if wine contains sulphites)

Please note that wine variety and vintage may NOT be shown on labels of wine with non-geographical origin – only wine with a proper geographical indication may display such information.

Allergen Labeling for Wine:

On November 25, 2005, the indication of allergenic ingredients on food labels became mandatory throughout the EU.  The new allergen labeling rules also apply to beverages containing more than 1.2% by volume of alcohol.  Alcoholic beverages containing sulphur dioxide and sulphites at concentrations of more than 10 mg/kg or 10 mg/liter must be labeled “contains sulphites” or “contains sulphur dioxide”.  Replacing the word “sulphites” by “SO2” or “E220” is not allowed.  For more information on this mandatory labeling of allergens, please refer to the USDA FAS GAIN Report E36066, available at: http://www.fas.usda.gov/gainfiles/200604/146187522.pdf.

EU GM (Genetically Modified) Food Labeling:

According to Regulation (EC) No 1830/2003, products containing more than 0.9 percent of genetically modified ingredients must be labeled with the following statement: “This product contains genetically modified organisms.”

Food products containing or consisting of GMOs, produced from GMOs or containing ingredients produced from GMOs must be labeled in accordance with Regulation (EC) No. 1829/2003.  This regulation can be found online at: http://europa.eu.int/eur-lex/pri/en/oj/dat/2003/l_268/l_26820031018en00010023.pdf.

Please see USDA Foreign Agricultural Service’s GAIN report on “Labeling of Genetically Modified Food Products,” which discusses the two main regulations (Regulations (EC) No. 1829/2003 and (EC) No. 1830/2003) concerning labeling and traceability of GMO’s and foods containing GMO’s, at: http://www.fas.usda.gov/gainfiles/200310/145986500.pdf.

Also, visit the GMO section of the U.S. Mission to the European Union’s FAS website at: http://www.useu.be/agri/GMOs.html for up-to-date information on GM regulations and labeling.

Packaging:

Please note that there are mandatory container sizes established for wine, beer, and liqueur.  Contact an importer for detailed information.

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EU STANDARDS OF FILL

Annex III of EC Council Directive 75/106/EEC sets out general standards of fill for alcohol beverages, including wine, distilled spirits, and malt beverages (beer).  Please note that this Directive does not apply to pre-packages containing the products listed in Annex III:

• 1 (a), which are vatted, bottled and labeled in volumes not exceeding 0.25 liter and are intended for professional use,
• 2 (a) and 4, which are intended either for consumption on board aircraft, ships and trains or for sale in duty-free shops.

A chart derived from this Annex with the pertinent alcohol products can be found on our website: http://www.ttb.gov/itd/eu_standard_fill.shtml.

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OENOLOGICAL PRACTICES (WINEMAKING STANDARDS)

On March 10, 2006, the U.S. and EU signed the Agreement between the United States and the European Community on Trade in Wine.  The agreement provides for the recognition of each other's existing current winemaking practices, as well as a consultative process for accepting new winemaking practices.  As such, the EU must allow entry of U.S. wine products made in accordance with U.S. winemaking standards into the EU.

Accepted EU oenological practices and process are outlined in Commission Regulation (EC) No 1622/2000.  The Regulation also contains a list of restrictions and requirements pertaining to the use of certain substances authorized for oenological purposes.

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REQUIRED DOCUMENTS

The following is a list of the documents that are needed for importing into Portugal.  However, due to frequent changes in regulations, exporters are advised to consult with an importer for more detailed information.

• Bill of Lading and/or Airway Bill
• Commercial Invoice – three copies, must include all agreed costs plus insurance and shipping; harmonized number is recommended
• Certificate of Origin – it is important to note that under EU regulations, certificates of origin may be required for certain goods, including goods subject to surveillance and/or quota requirements.  An importer should be contacted for further information.
• Packing List (not mandatory, but may facilitate clearance of goods)
• Pro-Forma Invoice
• Certificate of Insurance
• Certificate of Authenticity (for all alcoholic beverages)
• Phyto-sanitary Certificate and/or Health Certificate when applicable
• Import Certificate – Most food products require an Import Certificate issued by the competent Portuguese authority. However, the Import Certificate is usually obtained by the Portuguese importer and/or the agent involved in the business and is intended for tariff classification purposes.  The importer is responsible, at the port of entry, for the imported products.

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LICENSING

Importers and/or potential importers must register with the Instituto da Vinha e do Vinho if they plan to deal with anything related to the wine sector (i.e. importation of wine, bulk importation, etc).  For more information, please see the following PDF file (in Portuguese):
http://www.ivv.min-agricultura.pt/regulamentacao/files/pdf/t5circ3a04.pdf

CAP (Common Agricultural Policy) Import Licenses are required for wine imported from “third countries” such as the U.S into any country in the E.U.  Such import licenses, often referred to as AGRIM Certificates, are issued in Portugal by the Direcção Geral das Alfândegas e dos Impostos Especiais sobre o Consumo (Directorate General of Customs and Excise).

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IMPORT PROCEDURES

An import declaration is required for goods from third countries such as the U.S. When goods are imported into Portugal, it is the responsibility of the importer or his authorized agent to declare them to Customs.  A Single Administrative Document or SAD is used for this purpose.  In Portugal, this form is referred to as “Documento Administrativo Unico” or DAU.   This is the approved form for the import declaration process.  Further information on the SAD can be found here: http://europa.eu.int/comm/taxation_customs/customs/procedural_aspects/general/sad/index_en.htm.

The importer, or his representative, must also request a health inspection by submitting an application to the DGFCQA (General Directorate for Inspection and Control of Food Quality) together with the documents related to the consignment. The release of goods from customs can only be carried out after a favorable result of the inspection is reflected in the corresponding certificate.

Goods are released from Customs for “free circulation” when documents have been filed and payment of tariff duties has been completed. After paying the value added tax (VAT) and any other applicable excise duty, goods are also released for consumption and ready to be marketed.

Wine-specific Import Requirements:

Third Country (i.e. U.S.) wines imported into the European Community must also be accompanied by a VI1 document until such wine is put into free circulation.

For more information on the VI1 document, please visit the “VI1 Forms for Exporting Wine to the European Union” section of our Export Documents page.

Further information on EU import regulations for wine can be also found on the Wine section of the U.S. Mission to the European Union website.

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SAMPLES/ADVERTISING

As an EU country and member of the Convention to Facilitate the Importation of Samples and Advertising Matter, Portugal grants duty free entry to giveaway samples properly labeled.  Samples are, however, subject to the same import documentation requirements that apply to ordinary commercial imports and require a symbolic value for customs declaration purposes on the commercial invoice which must carry the statement “Samples without Commercial Value.”

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TAXES/TARIFFS

EU duty rates are charged on the cost, insurance, and freight value of goods imported from the United States into Portugal.  Once charged, goods may circulate freely within the EU without further duty payment.

Portuguese imports of wine from non-EU countries are subject to EU import duties which vary depending on the percentage of alcohol contained in the wine and the type of container.  Other taxes may apply.

For the most current tariffs and taxes applied to imported products in Portugal, please visit the EU Tariff and Taxation Union:
http://europa.eu.int/comm/taxation_customs/dds/cgi-bin/tarchap?Lang=EN
You must follow the prompts to find the applicable tariffs/taxes for your product.

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CONTACTS

Most of the information in this guide was obtained from direct contact with various governmental organizations and embassies, as well as online sources.  The FAS Attaché reports at: http://www.fas.usda.gov/scriptsw/attacherep/default.asp served as the primary (online) sources used for this report.

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