Food and Agricultural Import Regulations and Standards

An Expert's View about Agriculture and Animal Husbandry in Spain

Posted on: 25 Jan 2012

This report only focuses on Spanish specific certification requirements when they differ or are additional to the EU-harmonized certification.

THIS REPORT CONTAINS ASSESSMENTS OF COMMODITY AND TRADE ISSUES MADE BY USDA STAFF AND NOT NECESSARILY STATEMENTS OF OFFICIAL U.S. GOVERNMENT POLICY Required Report - public distribution Date: 12/16/2011 GAIN Report Number: SP1126 Spain Food and Agricultural Import Regulations and Standards - Certification FAIRS Export Certificate Report Approved By: Robert Hanson Agricultural Attaché Prepared By: Marta Guerrero Agricultural Specialist Report Highlights: This report only focuses on Spanish specific certification requirements when they differ or are additional to the EU-harmonized certification. This report should be read in conjunction with the EU- 27 FAIRS Export Certificate report prepared by the FAS Office in the U.S. Mission to the European Commission (USEU). Disclaimer: This report was prepared by the Office of Agricultural Affairs of the USDA/Foreign Agricultural Service in Madrid, Spain for U.S. exporters of domestic food and agricultural products. While every possible care was taken in the preparation of this report, information provided may not be completely accurate either because policies have changed since its preparation, or because clear and consistent information about these policies was not available. It is highly recommended that U.S. exporters verify the full set of import requirements with their foreign customers, who are normally best equipped to research such matters with local authorities, before any goods are shipped. FINAL IMPORT APPROVAL OF ANY PRODUCT IS SUBJECT TO THE IMPORTING COUNTRY RULES AND REGULATIONS AS INTERPRETED BY BORDER OFFICIALS AT THE TIME OF PRODUCT ENTRY. Section I. List of All Export Certificates Required By Government (Matrix) : The imports animal origin products for purposes other than food (including live animals, semen, ovules and embryos) are subject to specific Spanish certification requirements. Forms can be obtained in the following links (certificates are bilingual): Product BEARS FROM APPROVED BODIES, INSTITUTES OR CENTRES LIVE LAND SNAILS (HELIX ASPERSA) AQUATIC MAMMALS FROM APPROVED ZOOLOGICAL INSTITUTIONS MARSUPIALS FROM APPROVED BODIES, INSTITUTES OR CENTERS AMPHIBIANS LAGOMORPHS ALIVE ARTHROPODS (INSECTS AND ARACHNIDS) AND THEIR EGGS TO BREED HYRAXES PET REPTILES ANIMALS BELONGING TO ORDER TUBULIDENTATA HEDGEHOGS LIVE SNAILS FOR RESEARCH PURPOSES ANIMALS BELONGING TO ORDER XENARTHRA AMPHIBIOUS INTENDED FOR RESEARCH PANGOLINS ELEPHANT SHREWS WILD CARNIVORES COLD-BLOODED ANIMALS REPTILES INTENDED TO RESEARCH PURPOSES RODENTS RODENTS FOR EXPERIMENTATION OPOSSUM (DIDELPHIDAE) PRIMATES FAIRS Export Certificate Report Page 2 out of 6 ANNELIDS FOR FISHING BAIT BIRDS MONOTREMES (Duck bill platypus and Echidnas) SEMEN FROM CETACEOUS REPTILES EGGS EMBRYOS OF RODENTS FELINE SPERM BRED IN CAPTIVITY CANINE SPERM SEMEN OF RODENTS FOR EXPERIMENTATION ZOOPLANKTON AND PHYTOPLANKTON AS FEED FOR AQUARIUM ANIMALS BLOOD AND BLOOD PRODUCTS TO MANUFACTURE LABORATORY REAGENTS AND/OR IN VITRO DIAGNOSIS KITS CERTAIN ANIMAL BY-PRODUCTS CLASSIFIED AS CATEGORY 2 MATERIALS INVERTEBRATES INTENDED FOR FEEDING TO ANIMALS USED KITCHEN OIL INTENDED TO BIODIESEL PRODUCTION Source: MARM (Ministry of Environment and Rural and Marine Affairs) Above listed Veterinary Certificates, requested by the MARM (Ministry of Environment and Rural and Marine Affairs), require the signature of an Official Veterinarian. Section II. Purpose of Specific Export Certificates Imports of food and agricultural products into Spain are not subject to special legislation other than that of the European Union. European Union legislation calls for many health and supervisory requirements that are meant to guarantee that imports meet the standards of production in Member States. Spain, as an EU Member State, follows all rules and regulations that govern food legislation, including certification, within the European Union. While certification requirements are developed at the EU level, Spanish authorities are responsible for the enforcement of the regulations. Nevertheless, it is important to note that when EU-wide legislation is incomplete, not harmonized or absent, Spain might require certain specific health certificates. Additionally, sometimes applicable regulations provide significant leeway for border inspectors to interpret. Certification requirements are developed at the EU level. However, Member State inspection services are responsible for enforcement. Spain is among the most vigilant of EU-27 Member States with respect to enforcement of the import requirements. While purely administrative mistakes such as minor typographic mistakes can be rectified, a zero tolerance policy can be assumed for those mistakes that affect the identity checks of the shipment (e.g. wrong establishment number). According to General Principles for Certification, the certificate must be issued before the consignment to which it relates leaves the control of the competent authority of the country of dispatch. As a consequence, Spain’s Authorities have no tolerance for health certificates issued after the day of shipping. FAIRS Export Certificate Report Page 3 out of 6 For additional information on EU-Harmonized Certification Requirements, please consult the EU-27 FAIRS Export Certificate Report. Under this report, you may find information on the U.S. competent authority that is authorized to issue the food and agricultural import certificates required by the EU- 27. This report can also be accessed through the FAS website: http://www.fas.usda.gov/scriptsw/attacherep/default.asp An overview of legally required certificates in the EU and references to the U.S. authority issuing these certificates is available at: http://www.fas.usda.gov/posthome/useu/certificates-overview.html . For more information on food standards and regulations, please consult the Food and Agricultural Import Regulations and Standard Report for the EU-27. Special Import Permits Commercial Samples without commercial value to Spain On September 15, 2011 Spain’s Ministry of Health, Social Policy and Gender Equality (MSPSI) implemented procedure to authorize the import of samples of food products for human consumption without commercial value. Same rules to commercial shipments apply to samples without commercial value regarding the Common Entry Document (CED published as Annex II to Regulation 669/2009 ). To guarantee the access of samples without commercial value, prior or at the arrival of the product, the part I of the Health Control Document has to be presented and filled in specifying “Other” in the “For internal market” field. Other required documents include a copy of the invoice, documentation proving the non-commercial destination of the product (trade show information or research institute to which the samples are shipped), and the original Declaration of Destination. Further details about requirements to import samples and to send parcels with food items to Spain can be found at the following link: (Information only available in Spanish language) http://www.mspsi.gob.es/profesionales/saludPublica/sanidadExterior/controlesSanitarios/procedContr ol/importacionesSinValor.htm FAIRS Export Certificate Report Page 4 out of 6 Imports of biological material The import of biological material has to be approved by the Ministry of Environment and Rural Affairs. Usually the importer applies for the import at the Ministry with all relevant details. The request form can be obtained in the following link (only available in Spanish language): http://cexgan.mapa.es/Modulos05/Documentos/Modelo%20Impor%20Material%20Invest.Marm_pais es_teceros.pdf Imports of planting seeds to Spain To import planting seeds to Spain a request has to be submitted by the local importer to the Spain’s Plant Varieties Authorities. Forms for notification or authorization, are available upon request at OEVV (Spanish Office for Vegetal Varieties). Contact data are: Ministry of Environment and Rural and Marine Affairs Planting Seeds and Nursery Products (import requirements, seed registration and certification, and commercial seed catalogs) Ministerio de Medio Ambiente y Medio Rural y Marino Oficina Española de Variedades Vegetales C/ Alfonso XII, 62 28071 Madrid Tel.: +34-91-347-6659 Fax: +34-91-347-6703 Website: http://www.marm.es/es/agricultura/temas/medios-de-produccion/semillas-y-plantas-de- vivero/ Email: oevv@marm.es Responsible Authorities for Health and Veterinary Certificates: While the Ministry of Social Welfare and Gender Equality (MSPSI) provides information on imports of products intended for human consumption, the Ministry of Environment and Rural and Marine Affairs (MARM) is responsible for agricultural products for purposes other than human consumption. Ministry of Health and Social Welfare and Gender Equality Ministerio de Sanidad, Política Social e Igualdad Subdirección General de Sanidad Exterior Paseo del Prado, 18 and 20 28014 Madrid Tel.: +34-91-596-1000 Fax: +34-91-596-4480 Website: http://www.mspsi.es E-mail : saniext@mspsi.es Ministry of Environment and Rural and Marine Affairs FAIRS Export Certificate Report Page 5 out of 6 Ministerio de Medio Ambiente y Medio Rural y Marino Subdirección General de Acuerdos Sanitarios y Control en Frontera Alfonso XII, 62 28071 Madrid Tel.: +34-91-347-8241 Fax: +34-91-347-8248 Website: http://www.marm.es/app/CPRP/CPRP1.aspx Email: sgsveget@mapa.es Section III. Specific Attestations Required on Export Certificate(s) See Section II. For additional information, please consult the EU-27 FAIRS Export Certificate Report. Section IV. Government Certificate’s Legal Entry Requirements See Section II. For additional information, please consult the EU-27 FAIRS Export Certificate Report. Section V. Other Certification/Accreditation Requirements The use of voluntary certification may also affect the control regime upon import. For instance, Almonds can be accompanied by a Voluntary Aflatoxin Sampling Program – VASP certificate issued by laboratories approved for the VASP program. The presence of such certificate determines the percentage of shipments tested upon entry in the EU. See Section II. For additional information, please consult the EU-27 FAIRS Export Certificate Report. . Appendix I. Electronic Copy or Outline of Each Export Certificate See Section I. For additional information, please consult the EU-27 FAIRS Export Certificate Report. FAIRS Export Certificate Report Page 6 out of 6
Posted: 25 January 2012

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