The Integrated Tariff is also available to help determine if a license is required for a particular product. The European Commission maintains a link to the Access2Markets portal replacing the EU Trade Helpdesk-where information can be found using Harmonized Systems codes to determine, among other information, potential requirements, tariffs, the European Union’s market’s import rules, and taxes. However, the Access2Markets portal does not provide information for exports from the United States to the European Union (Using information for a similar North American country, such as exports from Canada, approximates key requirements that may be used as a starting point for your most current Harmonized Systems code.)
For information relevant to French import licenses, please search the Commerce Department’s Market Research Library, available under Market Intelligence Website.
The Single Administrative Document (SAD)
The official model for written declarations to customs is the Single Administrative Document (SAD). The SAD describes goods and their movement around the world and is essential for trade outside the EU or trade of non-EU goods. Goods brought into the EU customs territory are, from the time of their entry, subject to customs supervision until customs formalities are completed. Goods are covered by a Summary Declaration which is filed once the items have been presented to customs officials. The customs authorities may, however, allow a period for filing 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 is filed 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 whose name is the person referred to above.
The Summary Declaration can be made on a form provided by the customs authorities. However, customs authorities may also allow the use of any commercial or official document that contains the specific information required to identify the goods. The SAD serves as the EU importer’s declaration. It encompasses both customs duties and VAT and is valid in all EU Member States. The declaration is made by whoever is clearing the goods, normally the importer of record or his/her agent.
European Free Trade Association (EFTA) countries including Norway, Iceland, Switzerland, and Liechtenstein also use the SAD. Information on import/export forms is contained in Commission Delegated Regulation (EU) No 2015/2446.
More information on the SAD can be found under The Single Administration Document website.
The Union Customs Code
The Union Customs Code (UCC) provides a comprehensive framework for customs rules and procedures in the EU customs territory. A paperless and fully automated customs union system was adopted in 2013 and its substantive provisions went into effect on 1 May 2016. It has replaced the Community Customs Code (CCC). In addition to the UCC, the European Commission published delegated and implementing regulations on the actual procedural changes.
Economic Operator Registration and Identification (EORI)
Since July 1, 2009, all companies established outside of the EU are required to have an EORI number if they wish to lodge a customs declaration or an Entry/Exit Summary declaration. All U.S. companies should use this number for their customs clearances. An EORI number must be formally requested from the customs authorities of the specific member state to which the company first exports. Member state customs authorities may request additional documents to be submitted alongside a formal request for an EORI number. Once a company has received an EORI number, it can use it for exports to any of the 28 EU Member States. There is no single format for the EORI number. Once an operator holds an EORI number s/he can request the Authorized Economic Operator (AEO: see below under “MRA”) status, which can give quicker access to certain simplified customs procedures.
More information about the EORI number can be found under Economic Operator Identification and Registration.
U.S.-EU Customs Cooperation
Since 1997, the U.S. and the EU have agreed to the Customs Cooperation and Mutual Assistance in Customs Matters Agreement (CMAA). For additional information, please see under Agreements with the United States.
In 2012 the United States and the EU signed a decision recognizing the compatibility of AEO (Authorized Economic Operator) and C-TPAT (Customs-Trade Partnership Against Terrorism), thereby facilitating faster and more secure trade between the U.S. and EU. The World Customs Organization (WCO) SAFE Framework of Standards provides the global standard for AEO. AEO certification is issued by a national customs authority and is recognized by all Member States’ customs agencies. As of April 17, 2017, an AEO can consist of two different types of authorization: “customs simplification” or “security and safety.” The former allows for an AEO to benefit from simplification related to customs legislation, while the latter allows for facilitation through security and safety procedures. Shipping to a trader with AEO status could facilitate an exporter’s trade as its benefits include expedited processing of shipments, reduced theft/losses, reduced data requirements, lower inspection costs, and enhanced loyalty and recognition. Under the revised Union Customs Code, for an operator to make use of certain customs simplifications, the authorization of AEO becomes mandatory.
The United States and the EU recognize each other’s security certified operators and will take the respective membership status of certified trusted traders favorably into account. The favorable treatment provided by the Decision will result in lower costs, simplified procedures, and greater predictability for transatlantic business activities. It officially recognizes the compatibility of AEO and C-TPAT programs, thereby facilitating faster and more secure trade between U.S. and EU operators. The Decision was originally signed in May 2012 and was implemented in two phases. The first phase commenced in July 2012 with U.S. Customs and Border Protection (CBP) placing shipments coming from EU AEO members into a lower risk category. The second phase took place in early 2013, with the EU re-classifying shipments coming from C-TPAT members into a lower risk category. CBP identification numbers for foreign manufacturers (MID) are therefore recognized by customs authorities in the EU.
Additional Information on the Decision.
Environmental and Related Regulations
A key EU priority is ensuring products marketed in the region are safe for the environment and human health. U.S. manufacturers exporting to the European Union need to make certain that their products meet these requirements to enter the market.
New Initiatives: Circular Economy & Plastics Strategy
On 25 September 2014, the European Commission published the “Communication Towards a Circular Economy: A Zero Waste Program for Europe.” In this document, the European Commission acknowledged the intense competition for resources within Europe and the need to ensure there are market mechanisms for eliminating waste. When implementing this plan, the European Commission promotes regulatory and voluntary measures to encourage the “design out” of waste during the product development cycle. These measures include introducing mandatory recycling targets for waste, improvements to energy and resource use (e.g. water) and eliminating the use of materials in products that inhibit the collection, recycling and reuse of materials in products.
On 16 January 2018, the European Commission published what is arguably the most important measure towards implementing the circular economy. On that day, the European Commission adopted a strategic document entitled, “A European Strategy for Plastics in a Circular Economy”. The strategy acknowledges that plastics have a negative impact on the environment and calls for voluntary and regulatory measures aimed at mitigating the environmental harm caused by plastics. These measures address marine litter caused by the shipping industry; the chemical composition of plastics to encourage recycling; potential regulation on single use plastics; and funding for the development of chemical and mechanical recycling.
On December 11, 2019, the EU Commission presented the European Green Deal as a flagship policy program to transform Europe into a climate neutral society by 2050. The European Green Deal affects all aspects of the European economy including agriculture, fisheries, construction, finance, and manufacturing. To implement the European Green Deal, the Commission has drafted and updated several high-level policy agendas that identify areas in need of new legislative and other actions to deliver on the European Union’s climate ambitions.
In 2020 the European Commission implemented objectives to set out in the Circular Economy Action Plan II (CEAP), which is an iteration of the 2014 Action plan, through two packages, the first of which was published in March 2022. That package contained a textiles strategy, a proposal to revise the EU’s Eco-design Directive and expand its scope to almost all physical goods (including new sustainability labeling requirements and the need to introduce digital product passports), a proposal to strengthen the internal market for construction products, and a package on empowering consumers in the green transition. Once enacted into law, these proposals will entail the introduction of new digital labeling requirements (through the introduction of digital product passports) to better communicate the environmental footprint and sustainability credentials of products to consumers. Separate rules are also expected to set new requirements for making ‘green claims.’
The Commission also published a second package later in 2022 to address packaging, recycling, and waste-related legislation and a package in 2023 regarding green claims and common rules promoting the repair of goods. These proposals set new mandatory minimum recycled content requirements for packaging, as well as to set new rules for how waste products should be handled in the European Union. In parallel, there are ongoing efforts to limit waste shipments outside of the European Union (through the Commission’s proposed revision to the EU’s Waste Shipment Regulation), as well as to limit the possibility of shipping waste outside of the EU.
Through the implementation of the CEAP, the Commission is positioning the European Union as a global leader on the shift towards a more circular economy, including identifying the advancement of global discussions on plastics and negotiating an international agreement on the management of natural resources as two international priorities.
For its part, France definitively adopted the Green Industry Act in October 2023. The text contains important provisions, in the Environment Code, article (L. 541-4-3), that make it more flexible to exit from waste status (SSD). A first provision authorizes the use of certain substances considered as waste, without the product incorporating them being considered as waste itself. Another provision specifically concerns the use of production residues within industrial platforms. The text also includes a penalty section, targeting illegal waste transfers.
In concrete terms, the law stipulates that a product made from waste used as a raw material does not have waste status if it is like the product that would have been manufactured without the use of waste. To this end, the operator of the production facility must meet the four conditions for removal from waste status: the product is used for a specific purpose; there is a demand for the product, or it meets a market; the product meets technical requirements and complies with applicable legislation and standards; and its use will not have harmful overall effects on the environment or human health.
The text also stipulates that the operator of the production facility must provide the authorities with the necessary justifications, in particular the tests carried out when the waste used as a raw material is likely to be hazardous.
Batteries
The EU Battery Directive adopted in 2006 applies to all batteries and accumulators placed on the EU market. This includes automotive, industrial, and portable batteries. The Directive seeks 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. The Directive 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. The European Commission publishes a FAQ document to assist interested parties in interpreting its provisions. For more information, see our market research report.
As part of CEAP, in December 2020, the Commission published the European Battery Regulation, a legislative proposal that would replace the 2006 Directive with a new batteries-related regulation. The new law would dramatically expand the scope of the current legal framework to promote a transition to a more circular economy. The regulation would create carbon footprint performance classes and maximum life-cycle footprint thresholds, introduce minimum recycled content requirements, and create a battery passport to enable economic operators to access information about the batteries to facilitate their repair and reuse. The European Battery Regulation was adopted in June 2023 and will gradually replace Directive 2006/66/EC. It will be implemented in all the member countries simultaneously for the common purpose of minimizing the harmful effects of batteries on the environment.
Registration, Evaluation and Authorization and Restriction of Chemicals (REACH)
REACH applies to all chemicals manufactured or imported into the EU in quantities exceeding one metric ton. The regulation entered into force in 2007 (Regulation 1907/2006) and touches virtually every industrial sector, from automobiles to textiles. REACH imposes a registration obligation on all entities affected by the one metric ton criteria by May 31, 2018. The European Chemicals Agency (ECHA) is the organization responsible for receiving and ensuring the completeness of such registrations. U.S. companies without a presence in Europe need to rely on an EU-based partner, typically either an importer or a specialized ‘Only Representative’.
In addition to the registration requirement, U.S. exporters should carefully review the REACH ‘Candidate List’ of Substances of Very High Concern (SVHCs) and the ‘Authorization List’. Under certain conditions, substances on the Candidate List are subject to communication requirements prior to their export to the EU. Companies seeking to export chemicals on the ‘Authorization List’ will require an authorization under Candidate List.
Waste Electrical and Electronic Equipment (WEEE) Directive
EU rules on WEEE, while not requiring specific customs or import paperwork, may entail a financial obligation for U.S. exporters. The Directive requires U.S. exporters to register relevant products with a national WEEE authority or arrange for this to be done by a local partner. It also requires manufacturers to inform the consumer that their product should be recycled by including the “crossed out wheelie-bin” symbol on the product or with the packaging. (See the section entitled “Mandatory Marks and Labels” for more information.) The WEEE Directive was revised on July 4, 2012, and the scope of products covered was expanded to include all electrical and electronic equipment. U.S. exporters seeking more information on the WEEE Directive should visit under: Restriction on Hazardous Substances ROHS.
The ROHS Directive imposes restrictions on the use of certain chemicals in electronics and electrical equipment. The ROHS Directive does not require specific customs or import paperwork however, manufacturers must self-certify that their products are compliant and affix a “CE” mark. (See the section entitled “Mandatory Marks and Labels” for more information.) The 2011 revisions to the ROHS Directive significantly expanded the scope of covered products. Generally, U.S. exporters had until July 22, 2019, to bring products into compliance that were once outside the scope. U.S. exporters seeking more information on the RoHS Directive should visit under: Cosmetics Regulations.
The EU legislation harmonizing the regulation of cosmetic products has been in effect since July 11, 2013. The most difficult element of this regulation was the introduction of a new notification policy. Today, the European Commission must be notified of all new cosmetic products before they enter the EU market. Only an EU-established entity may submit such a notification. Therefore, U.S. exporters must either retain a “Responsible Person” to act on their behalf, rely on the entity responsible for the import of their product into the EU, or establish a presence in an EU Member State.
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 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). Most of these certificates are uniform throughout the EU, but the harmonization process is still ongoing. Most recently, certificates for a series of highly processed products including chondroitin sulphate, hyaluronic acid, hydrolyzed cartilage products, chitosan, glucosamine, rennet, isinglass, and amino acids are being harmonized. Until harmonization is finalized, certain member state import requirements continue to apply. In addition to the legally required EU health certificates, several other certificates are used in international trade. These certificates, which may also be harmonized in EU legislation, certify origin for customs purposes and certain quality attributes.
Sanitary Certificates (Fisheries)
In April 2006, the European Union declared the U.S. seafood inspection system to be equivalent to the European one. Consequently, a specific public health certificate must accompany U.S. seafood shipments. The U.S. fishery product sanitary certificate is a combination of Commission Decision 2006/199/EC for the public health attestation and of Regulation 1012/2012 for the general template and animal health attestation. In 2022, the European Union and the United States concluded an agreement that permits the resumption of live, raw, and processed bivalve molluscan shellfish, which will allow producers in certain states (Massachusetts and Washington) to send mollusks to the European Union, and producers in certain Member States (Spain and the Netherlands) to send products to the United States.
As of June 2009, the U.S. competent authority for issuing sanitary certificates for fishery and aquaculture products is the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NOAA-NMFS). In addition to sanitary certificates, all third countries wishing to export fishery products to the EU are requested to provide a catch certificate. This catch certificate certifies that the products in question have been caught legally.
For detailed information on import documentation for seafood, please contact the NOAA Fisheries office at the U.S. Mission to the EU, or visit the NOAA dedicated website.