Normative

July 2017 | Obligatory N.R.T. and N.R.C. on invoices and declarations at the Andorran customs office

From 1 July 2017, it will be compulsory to indicate the tax registration number (N.R.T.) and the trade registration number (N.R.C.) on the invoices and declarations that must be submitted to the Andorran Customs to clear imports and exports of goods.

It is advisable that the invoices you issue to your Andorran customers include these Trade and Tax Numbers.

You can obtain more detailed information on Tax and Customs Regulations on the AEAT website.

May 2017 | Requirements for the importation and marketing of footwear in the United States 2017

The summary of requirements for the importation and marketing of footwear in the United States, including safety footwear, is published.

It incorporates customs regulations, control of disappearing species, marketing requirements such as labelling and trade practices, consumer safety protection measures, occupational safety requirements, trademark and patent registration, product liability, and finally references to industry organisations, voluntary quality standards and specialised professional services.

May 2017 | United Arab Emirates bans import of fruit and vegetables from five countries in the region

The United Arab Emirates has banned the import of certain fruits and vegetables from five countries in the region due to the presence of high levels of pesticides.

The UAE’s Ministry of Climate Change and Environment will prevent certain goods from Egypt, Oman, Jordan, Lebanon and Yemen from entering the country as of 15 May.

The measure affects all varieties of peppers from Egypt; peppers, cabbage, cauliflower, lettuce, pumpkin, beans and aubergines from Jordan; apples from Lebanon; melons, carrots and watercress from Oman; and fruit from Yemen.

The above-mentioned countries will have to present certificates guaranteeing that the products are free of pesticides. In addition, the government has required them to comply with food safety standards.

May 2017 | New European Medical Devices Regulations published

Publication of the new European Regulations on medical devices and in vitro diagnostic medical devices providing a new legal framework with reinforced guarantees for the protection of patients’ health and safety and in line with the technological evolution of the sector.

• Stricter processes for market introduction and marketing of products.
• Clarification of the obligations and responsibilities of economic operators (manufacturers, authorised representatives, importers, distributors).
• Strengthening of monitoring, surveillance and control after the marketing of products.
• Increased transparency and traceability.
• Improved administrative co-ordination and co-operation.

May 2017 | Iran publishes new rules for clothing imports

Iran has introduced new measures to systematise import procedures for foreign-brand clothing in order to support local industry and prevent smuggling.

According to the Iranian Customs Administration (IRICA), post-clearance audits of foreign clothing brands will now be carried out. These additional checks aim to verify the accuracy of the information provided and to confirm that duties and taxes as well as applicable legislation have been duly complied with.

In addition, the order registration procedure will be carried out by the Ministry of Industry, Mining and Trade only when the licensee has also registered the imported trademark, which will only be possible if there is collaboration with the parent company.

Finally, order registration procedures must be carried out on behalf of licensed vendors and the cost of all trademark garments must be included in an IRICA database.

April 2017 | Argentina to eliminate tariffs on computers

The new government has launched a series of pro-free market reforms that also include initiatives such as the elimination of capital controls. The Argentine administration hopes that the elimination of the 35% tariff on imports of computers and computer equipment will lower prices and reverse previous protectionist policies.

The new measure, which will come into effect in April, is expected to normalise the distortion in the consumer electronics market, as it “will result in lower manufacturing costs of various electronic devices and equipment, improving competitiveness and productivity conditions”.

March 2017 | New customs regulation in Shanghai

According to Shanghai Customs regulations, effective 6 March, the following information must be included on each HAWB of all goods in transit via Shanghai to other cities in China:

• Details of the nature of the goods.
• Correct tariff code, with the first 4 digits only.

If this information is not correctly stated on the HAWB, the goods may be blocked by Shanghai Customs.

March 2017 | European Commission imposes definitive tariffs on steel plate imports from China

Imports of heavy steel plate from China, after concluding that companies from the Asian giant were selling their production below the production price, a practice known as dumping, which harms competition for European companies.
Specifically, the EU executive has decided to make definitive the levies of between 65% and 73% that had already been applied temporarily for months to the suspect articles.

In its investigation, the institution has detected dumping margins of between 120% and 127%, a practice it considers to be “unfair competition”. This measure will help EU steel producers from the damaging effects of Chinese dumping.

February 2017 | EU-Ecuador trade agreement enters into force

Ecuador joins the EU’s multi-party agreement with Colombia and Peru. The trade agreement enters into force provisionally because the competent institutions of all the member countries of the European Union must approve the protocol for it to enter into force definitively, according to the Ecuadorian Minister of Foreign Trade, Juan Carlos Cassinelli, who recently explained.

According to the minister, the trade agreement ensures that 99.7% of the exportable supply of agricultural products and 100% of Ecuadorian industrial and fishing products enter the EU with 0% tariffs. It also allows for the preservation of the Andean price band system, provides for agricultural safeguards, supports the popular and solidarity economy and protects infant industry, he said.

February 2017 | Colombia eliminates import duties on more than 600 machinery and spare parts products

A total of 636 new tariff items, mainly machinery and spare parts, will benefit from the advantages offered by the Colombian government’s “Plan Vallejo”, i.e. they can be purchased in foreign markets duty-free.

The aim is to enable exporting companies to use these items to produce the goods or provide the services they offer abroad. Virtually all imports of capital goods, without discrimination of sector or production process, with the exception of the automobile sector, are included in the “Vallejo Plan”.

Among the new capital goods included in the “Vallejo Plan” are aluminium milk containers, steam generators, concrete pumps, bakery machines, confectionery and pasta machines.

January 2017 | Registration of imports of hot-rolled flat products

From 5 January 2017, imports of certain hot-rolled flat products of iron, non-alloy steel or other alloy steel originating in Russia and Brazil are subject to registration.

January 2017 | Implementation of the Exporter Registration System (REX) in GSP

As of 1 January 2017, Iraq, the Marshall Islands and Tonga leave the GSP scheme, as they are upper-middle income countries according to the World Bank definition.

Georgia and Cameroon have also been excluded, as preferential market access arrangements started to be implemented in 2014.

Finally, Fiji is also excluded from the GSP scheme as it is an upper-middle income country and has had a preferential market access arrangement in place since 2014.

January 2017 | Developments in Generalised System of Preferences member countries

As of 1 January 2017, Iraq, the Marshall Islands and Tonga leave the GSP scheme, as they are upper-middle income countries according to the World Bank definition.

Georgia and Cameroon have also been excluded, as preferential market access arrangements started to be implemented in 2014.

Finally, Fiji is also excluded from the GSP scheme as it is an upper-middle income country and has had a preferential market access arrangement in place since 2014.

December 2016 | European Parliament ratifies trade agreement with Ecuador

The European Parliament ratified on 14 December the incorporation of Ecuador into the EU trade agreement with Colombia and Peru. This instrument will enter into force on 1 January 2017.

Following Parliament’s approval, the South American country will benefit from easier access for its main sales to the EU, such as fish, cut flowers, coffee, cocoa, fruit and nuts.

The EU club will increase its investments and exports in the machinery, automobile and alcoholic beverages sectors, products that are now very expensive in the Latin American market.

Goods shipped will have to be accompanied by an EUR1 (or invoice declaration or other commercial document) in order to benefit from the tariff preferences set out in the agreement.

December 2016 | Increase in excise duty rates on alcohol and tobacco

Since 3 December 2016, the applicable rates of excise duties on tobacco, alcohol and derived beverages and intermediate products have been increased, in accordance with the provisions of Royal Decree-Law 3/2016.

The applicable rates of these taxes are as follows:

Tax on tobacco products

• Cigarettes (pvp ≥ 196 €/1000 pcs.): 51% + 24.7 €/1000 pcs. with a minimum of 131.5 €/1000 pcs.
• Cigarettes (pvp < 196 €/1000 pcs.): 51% + 24.7 €/1000 pcs. with a minimum of 141 €/1000 pcs.
• Cigarette rolling mince (pvp ≥ 165 €/kg): 41.5% + 23.5 €/kg with a minimum of 98.75 €/kg.
• Cigarette rolling powder (pvp < 165 €/kg): 41.5% + 23.5 €/kg with a minimum of 102.75 €/kg.

Tax on alcohol and alcoholic beverages

Mainland and Balearic Islands

• Alcohol and derived beverages: 958.94 €/hectolitre of pure alcohol.
• Intermediate products (≤ 15% vol.): 38.48 €/hl.
• Other intermediate products: 64.13 € / hectolitre

Canary Islands

• Alcohol and derived beverages: 750,36 € / hectolitre of pure alcohol
• Intermediate products (≤ 15% vol.): €30.14 / hectolitre
• Other intermediate products: €50.21 / hectolitre

November 2016 | Additional obligations on imports of wood, wood pulp, paper, furniture and wood furnishings from Indonesia.

On 15/11/2016 a new procedure established in our country for imports of wood, wood pulp, paper, furniture and decorative items made of wood from Indonesia will enter into force. This new obligation is created as the EU’s response to the global problem of illegal logging and trade in timber products.

The main instrument of the FLEGT licences are the Voluntary Partnership Agreements (VPAs), which are bilateral and legally binding between timber-producing countries (FLEGT partner countries) and the European Union.

The following obligations are established, such as a Special Customs Inspection of the goods, in addition to the existing ones (FITO, HEALTH, PHARMACY, SOIVRE…):

1. The release for free circulation of timber products subject to a FLECGT licence cannot be authorised without the competent customs authority being informed that the licence has been duly validated by the competent FLEGT authority.
2. The competent FLEGT authority in Spain is the Directorate-General for Rural Development and Forestry Policy.
3. Importers and agents of timber and timber products must submit the FLEGT licence to the Directorate-General for Rural Development and Forestry Policy of the Ministry of Agriculture, Food and the Environment prior to the arrival of the shipment.

It is recommended that the request for validation be submitted as soon as possible, via the Ministry’s Electronic Headquarters.

Once the licence has been validated by the Directorate-General for Rural Development and Forestry Policy, this validation is communicated directly to Customs so that it can proceed with the release for free circulation.

November 2016 | New Colombian customs decree for textiles, clothing and footwear

• Textile and clothing: if the FOB price per gross kg is less than $10, a 40% tariff is payable. Otherwise, if it is higher, the tariff is 15%.
• Footwear: if the FOB price per pair of footwear is less than the values in the table below the tariff is 35%. Otherwise, if it is higher it is 15%.

October 2016 | Provisional application of the EU-Southern African Development Community (SADC) trade agreement

On 11/10/2016 the Notification on the provisional application of the Economic Partnership Agreement between the European Union and the Southern African Development Community (SADC) concerning tariff and preferential duties on goods originating in both parties has been published.

The beneficiary countries of this agreement with the EU are Botswana, Lesotho, Mozambique, Namibia, South Africa and Swaziland. This agreement is provisionally applied in all the above countries with the exception of Mozambique, which is in the process of ratifying this agreement, and will accede as soon as the process has been completed.

Duties are eliminated from the date of entry into force of the agreement.

September 2016 | Antidumping on imports of certain footwear from Vietnam

The definitive anti-dumping duty on imports of certain footwear with uppers of leather or composition leather originating in Vietnam and manufactured by certain exporting producers is hereby reimposed for the period 07/04/2006 to 31/03/2011.

The rate of definitive anti-dumping duty applicable to exporters for the period from 07/04/2006 to 31/03/2011 is 10%.

September 2016 | Update on goods for human use or consumption subject to sanitary control

The list of goods for human use or consumption subject to sanitary control has been updated.

The modalities of sanitary control of foreign trade products intended for human use and consumption and the customs enclosures authorised to carry them out are established.

The resolution will be applicable from 4 September 2016.

In the following link you will find the list of goods that will be subject to systematic control at the external border.

August 2016 | Antidumping on imports of footwear originating in China

The definitive anti-dumping duty on imports of certain footwear with uppers of leather or composition leather originating in China and manufactured by certain exporting producers is reimposed.

The rate of definitive anti-dumping duty applicable to exporters is 16.5%.

The amounts secured by way of the provisional anti-dumping duty shall be definitively collected and the amounts secured in excess of the definitive rate of anti-dumping duties shall be released.

July 2016 | Notes for inspection by Explosive Detection Dog Teams

The Spanish Aviation Safety Agency (AESA) informs that the following items may NOT be inspected using explosive detection dogs:

• Closed metal drums that cannot be opened during the inspection.
• Canned food cans

The following items MAY be inspected using explosive detection dog teams:

• Other types of drums (screw-top and spring-top drums).

For consignments of the type that cannot be inspected using explosive detection dog teams, they may be inspected by other inspection methods if the nature of the consignment permits. For cases where it is not possible to apply any type of inspection, there are 2 options:

• Rejection of the consignment for transport by air.
• That the consignment originates from an entity holding a Known Consignor Certificate. In this case, the cargo would not have to be subjected to inspection methods as it would be originated by an entity considered as secure.

Failure to comply with these indications will be considered a breach of the National Security Programme and may result in financial penalties.

July 2016 | Elimination of veterinary export controls

For the time being not subject to veterinary export controls: sugars and sugar confectionery, cereal or flour preparations (bakery products), vegetable and fruit preparations, inorganic chemicals, organic chemicals, plastics and articles thereof, articles of leather and animal gut, and works of art, collectors’ items and antiques.

July 2016 | End of restrictions on exports to Côte d’Ivoire

Restrictions on the supply of certain goods related to military activities are repealed.

July 2016 | Notice on imports from Israel

Operators are reminded that products manufactured in Israeli settlements located in Palestinian territories are not eligible for the EU-Israel Preferential Agreement.

In order to be able to verify the place of production there is an obligation for all EUR-1 and invoice declarations issued or made out in Israel to include the postal code and the name of the town, village or industrial production area where the manufacturing which confers the originating status to the product has been carried out.

July 2016 | Container Weight Verification: SOLAS

From July 2016, the requirement to verify the weight of export containers will come into force.

The SOLAS revision prevents a full container from being loaded on board a ship until the verified gross weight has been provided sufficiently in advance to allow the loading plan to be drawn up.

June 2016 | Antidumping on imports of naphthalene into India

India initiated on 1 June 2016 an anti-dumping investigation on imports of naphthalene originating, inter alia, in the EU. The headings under investigation are 2707 40 00 and 2902 90 40 of the Indian Customs Tariff Act.

Please note that India could penalise imports of this product.

May 2016 | Additional customs duties on imports from the USA

Additional customs duties are imposed on imports of certain products originating in the United States of America.

The rate of additional import duty is set at 0.45% on sweet corn, spectacle frames, crane trucks and denim fabrics.

May 2016 | New PCA (Product Conformity Assessment) contract in Gabon

The AGANOR (Agence Gabonaise de Normalisation) has officially published the government contract PCA making the CoC (Cetificate of Conformity) compulsory to clear any shipment in the country.

The CoC is the document issued to evidence compliance with approved standards. Goods arriving in Gabon without the corresponding CoC cannot be cleared and will therefore not be authorised to enter the country.

The aim of this new standard is to ensure the quality of products, as well as the health and safety of Gabonese consumers and the protection of the environment. It also protects local manufacturers against unfair competition from imported products that do not conform to local standards.

May 2016 | Transitional rules for the CAU

The European Commission has published the EU Delegated Regulation 2016/341 laying down transitional rules for the implementation of mandatory communication by electronic means between the administration and administrators during the period when the relevant electronic systems are not operational.

This regulation shall apply from 1 May 2016.

April 2016 | Macao, China, latest WTO member to ratify Trade Facilitation Agreement

The TFA contains provisions to expedite the movement, release and clearance of goods, including goods in transit. It also sets out measures for effective cooperation between customs and other competent authorities on trade facilitation.

In November 2014 Macao, China submitted its Category A to the WTO, notifying its intention to implement all but four of the provisions of the TFA upon the entry into force of the agreement.

Implementation of the WTO Trade Facilitation Agreement (TFA) has the potential to increase global merchandise exports by up to $1 trillion per year.

April 2016 | Import ban

Specific import ban on charcoal from Somalia, and on vehicles and defence equipment from Russia.

April 2016 | Ban on the shipment of lithium-ion batteries on passenger aircraft

The Civil Aviation Organisation (ICAO), in view of the risk of fire and the fact that the fire extinguishing systems in the holds are not effective against a fire caused by lithium-ion batteries, has banned their transport as cargo on passenger aircraft, and they can only be transported on cargo aircraft.

This ban does not affect batteries packaged or contained in equipment, so laptops, tablets, mobile phones and in general any electronic device is not subject to this ban. It only applies to batteries on their own.

March 2016 | Marking of packages for shipments to Bolivia

The marking of packages that Customs Legislation establishes for the identification of packages are as follows:

• All packages must bear the corresponding markings.
• The marks on the packages must coincide exactly with those on the B/L.
• All packages must travel marked and labelled: shipper, consignee and sequential numerical identification with respect to the total number of packages.

This requirement is only for LCL (groupage) cargo.

The most important thing is to indicate in the body of the B/L “cargo in transit through Chile, final destination Bolivia”, as this informs customs that the cargo will not be nationalised in Chile. The omission of this information causes problems and delays at the time of transshipment in Arica.

March 2016 | Turkey notifies acceptance of Trade Facilitation Agreement

Turkey has ratified the new Trade Facilitation Agreement (TFA), becoming the 71st WTO Member to ratify it. The TFA contains provisions to expedite the movement, release and clearance of goods, including goods in transit. It also sets out measures for effective cooperation between customs and other competent authorities on trade facilitation.

In addition, it has launched a “single window” project at its border with Bulgaria, which aims to reduce delays in the customs process through the coordinated and synchronised execution of the customs service.

The WTO review also notes that Turkey has launched initiatives with other members of the Black Sea Economic Cooperation (BSEC) on trade facilitation, single window system notifications and information exchange and harmonisation of customs processes.

March 2016 | Agreement for the export of agri-food products to the United Arab Emirates.

The National Accreditation Body (ENAC) and the Standards and Metrology Authority of the United Arab Emirates (ESMA) have signed a collaboration agreement that involves the recognition of Halal products certified by ENAC-accredited certification bodies.

The agreement opens the door to a reduction of the difficulties for Spanish agri-food companies to introduce their products in the Muslim consumer market.

March 2016 | ADR Lithium batteries damage

Damaged or defective lithium batteries and cells are now considered dangerous goods for road transport. They must now travel in accordance with ADR (the European Agreement concerning the International Carriage of Dangerous Goods by Road).

March 2016 | Cargo security clearance with the USA

The Transportation Security Administration (TSA) has recognised the European Union’s Explosive Detection Dog (EDD) system for cargo destined for the USA.

Therefore, with immediate effect, shipments destined for the US can be inspected by EDD teams certified by the Spanish Aviation Safety Agency (AESA).

March 2016 | New regulation on the import of goods into Egypt

As of 1 March 2016, the legislative reform of the regime for importing goods into Egypt requires companies intending to export to Egypt to register with the general body that controls exports and imports.

In addition, in order to register as a supplier, exporters must comply with new requirements.

February 2016 | Antidumping concerning imports of lightweight thermal paper

Notice of initiation of an anti-dumping proceeding concerning imports of certain lightweight thermal paper originating in South Korea, which is causing material injury to the Union industry.

February 2016 | Antidumping concerning imports of ammonium nitrate

A definitive anti-dumping duty is hereby imposed on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009.

February 2016 | Annual Tax and Customs Control Plan 2016

The Official State Gazette (BOE) has published the resolution approving the general guidelines of the 2016 Annual Tax and Customs Control Plan.

This resolution explains that the general guidelines of this new plan reinforce the actions developed in previous years and incorporate new ones, in line with the economic, social and regulatory context in which the Tax Agency carries out its activity.

These guidelines revolve around three main pillars: the verification and investigation of tax and customs fraud, the control of fraud in the collection phase and collaboration between the Agency and the tax administrations of the Autonomous Communities.

February 2016 | Cambodia ratifies Trade Facilitation Agreement (TFA)

Cambodia ratified the Trade Facilitation Agreement and thus became the eighth least developed country to ratify the Agreement, bringing the total number of ratifications to 69.

The Agreement will enter into force when two-thirds of WTO members have formally accepted the Agreement.

The TFA contains provisions to expedite the movement, release and clearance of goods, including goods in transit. It also sets out measures for effective cooperation between customs and other competent authorities on trade facilitation.

February 2016 | Algeria amends import legislation

The Algerian government has substantially amended import legislation after issuing a decree at the end of 2015. The decree establishes that Algerian importing companies will be obliged to obtain a prior import licence in order to bring goods into the country. This requirement currently only applies to three products (cement, concrete and light vehicles) but will be extended to all types of products.

February 2016 | Entry into force of the Free Trade Agreement between the European Union and Vietnam.

On 1 February 2016, the European Commission published the full text of the EU-Vietnam Free Trade Agreement, following the completion of the negotiation process in December 2015.

The Vietnam agreement includes all key provisions of the new Investment Court System for EU trade and investment negotiations proposed by the European Commission.

January 2016 | Generalised System of Preferences – GSP member countries

As of 1 January 2016, PSGBotswana and Namibia have left the system in accordance with R/EU 1016/2014 (OJEU L-283 27/09/2014), as they are considered upper-middle income countries based on the World Bank definition. Colombia, Costa Rica, Guatemala, El Salvador, Honduras, Nicaragua, Panama, Peru and Turkmenistan have also been excluded, according to R/EU 1015/2014 (OJEU L-283 27/09/2014), as they are upper-middle income countries based on the World Bank definition in the case of Turkmenistan and countries with preferential market access agreements in the rest.