Food and Agricultural Import Regulations and Standards

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

Posted on: 29 Sep 2012

This report only focuses on Spanish specific certification requirements when they differ or are additional to 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: 8/21/2012 GAIN Report Number: SP1226 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 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. TABLE OF CONTENTS General Information..………………………………………………………………………2 Section I. List of All Export Certificates Required By Government (Matrix)………….3 Section II. Purpose of Specific Export Certificates……………………………………….4 Section III. Specific Attestations Required on Export Certificate(s)…………………….7 Section IV. Government Certificate’s Legal Entry Requirements………………………7 Section V. Other Certification/Accreditation Requirements………………………….….7 Appendix I. Electronic Copy or Outline of Each Export Certificate…………………….8 Appendix II. Other Key Contacts ………………………………………………………….8 General information Being an EU member since 1986, Spain applies EU harmonized regulation on export certificates for plant or animal products whether or not they are intended for human consumption. However, in the absence of an EU-harmonized certificate, Spain may require certain specific health certificates and sometimes lack of specific details in the governing regulation also provides significant leeway for border inspectors to interpret. Competent authorities on certificates vary depending on the type of products. While the Ministry of Health, Social Welfare and Gender Equality (MSSSI) is responsible for of products intended for human consumption, the Ministry of Agriculture, Food and Environment (MAGRAMA) is responsible for agricultural products for purposes other than human consumption. There are a number of border inspections points in Spain that carry out plant health inspection (MAGRAMA) and veterinary inspection for products intended (MSSSI) and animal products not FAIRS Export Certificate Report Page 2 out of 8 intended (MAGRAMA) for human consumption. Section I. List of All Export Certificates Required By Spain (Matrix) : The imports of animal origin products, for purposes other than food (including live animals, semen, ovules and embryos) are subject to specific Spanish certification requirements. There is also a specific certificate for used kitchen oil intended for use in biodiesel production. All models of Import Certificates that are not harmonized at the EU level can be found in the Ministry’s website. Forms can be obtained also 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 ZOOPLANKTON AND PHYTOPLANKTON AS FEED FOR AQUARIUM ANIMALS BLOOD AND BLOOD PRODUCTS TO MANUFACTURE LABORATORY REAGENTS AND/OR IN VITRO DIAGNOSIS KITS LAGOMORPHS CERTAIN ANIMAL BY-PRODUCTS CLASSIFIED AS CATEGORY 2 MATERIALS INVERTEBRATES INTENDED TO FEED ANIMALS ALIVE ARTHROPODS (INSECTS AND ARACHNIDS) AND THEIR EGGS TO BREED HYRAXES PET REPTILES ANIMALS BELONGING TO ORDER TUBULIDENTATA REPTILES EGGS EMBRYOS OF RODENTS HEDGEHOGS LIVE SNAILS FOR RESEARCH PURPOSES FELINE SPERM BRED IN CAPTIVITY ANIMALS BELONGING TO ORDER XENARTHRA CANINE SPERM PANGOLINS ELEPHANT SHREWS WILD CARNIVORES RODENTS RODENTS FOR EXPERIMENTATION OPOSSUM (DIDELPHIDAE) REPTILE SKINS SEMEN OF RODENTS FOR EXPERIMENTATION PRIMATES RABBITS AS PET ANIMALS FAIRS Export Certificate Report Page 3 out of 8 RODENTS AS PET ANIMALS NON-UNGULATES AND NON-BIRDS WILD GAME TROPHIES ANNELIDS FOR FISHING BAIT BIRDS MONOTREMES (Duck bill platypus and Echidnas) INVERTEBRATES DESTINED TO ORNAMENTAL CLOSED FACILITIES REPTILES AND AMPHIBIANS SEMEN FROM CETACEOUS BRINE ANS SHRIMP AND THEIR EGGS WITH ORNAMENTAL PURPOSES USED KITCHEN OIL INTENDED TO BIODIESEL PRODUCTION* Source: MAGRAMA (Ministry of Agriculture, Food and Environment ) Above listed Veterinary Certificates, requested by the MAGRAMA (Ministry of Agriculture, Food and Environment), require the signature of an Official Veterinarian. *Note: Cooking oil intended for biodiesel production can be imported under the requirements set by Spain since no harmonized requirements have been established yet. No declaration of processing method is required for this type of product. Section II. Purpose of Specific Export Certificate(s) 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 sometimes be rectified, a zero tolerance policy can be assumed for those mistakes that affect the identity and tracability 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 FAIRS Export Certificate Report Page 4 out of 8 consequence, Spain’s Authorities have no tolerance for health certificates issued after the day of shipping. 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. An overview of legally required certificates in the EU and references to the U.S. authority issuing these certificates is available at in the USEU website. 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 Samples without Commercial value to Spain For sanitary reasons, food products imported into the EU, even if they are not intended for commercial sale, must meet certain requirements on food hygiene and animal health. On September 2011 Spain’s Ministry of Health, Social Services and Gender Equality (MSSSI) implemented a procedure to authorize the import of samples of food products for human consumption without commercial value. The 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) Imports of biological material FAIRS Export Certificate Report Page 5 out of 8 The import of biological material has to be approved by the Ministry of Agriculture, Food and Environment (MAGRAMA). However, only an import permit is required. On February 2012 the MAGRAMA reviewed the procedure to authorize the import of biological material of animal origin for research purposes. More detailed information can be found in the link (Information only available in Spanish language) as well as the pertaining form to request the import permit to the competent authority (Subdirección General de Acuerdos Sanitarios y Control en Frontera). The request must be prior to the arrival of the goods to the Border Inspection Post (BIP). Otherwise, they may be retained until the end of the process. The importing researcher investigator must complete the import of biological material for research form and present it to the competent authority. Imports of planting seeds to Spain To import planting seeds to Spain a request has to be submitted by the local importer to 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 Agriculture, Food and Environment Ministerio de Agricultura, Alimentación y Medio Ambiente Planting Seeds and Nursery Products (import requirements, seed registration and certification, and commercial seed catalogs) Oficina Española de Variedades Vegetales C/ Alfonso XII, 62 28071 Madrid Tel.: +34-91-347-6659 Fax: +34-91-347-6703 Website: http://www.magrama.gob.es/es/agricultura/temas/medios-de-produccion/semillas-y-plantas- de-vivero/ Email: oevv@magrama.es Responsible Authorities for Health and Veterinary Certificates: While the Ministry of Health and Social Services and Gender Equality (MSSSI) provides information on imports of products intended for human consumption, the Ministry of Agriculture, Food and Environment (MAGRAMA) is responsible for agricultural products for purposes other than human consumption. FAIRS Export Certificate Report Page 6 out of 8 Ministry of Health and Social Services and Gender Equality Ministerio de Sanidad, Servicios Sociales 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.msssi.es E-mail : saniext@msssi.es Ministry of Agriculture, Food and Environment Ministerio de Agricultura, Alimentación y Medio Ambiente 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.magrama.gob.es/app/CPRP/CPRP1.aspx Email: sgsveget@magrama.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 available in FAS website. Section IV. Government Certificate’s Legal Entry Requirements See Section II. For additional information, please consult the EU-27 FAIRS Export Certificate Report available in FAS website. Section V. Other Certification/Accreditation Requirements The use of special required certification may also affect the control regime upon import. For instance, Almonds must 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 latest EU-27 FAIRS Export Certificate FAIRS Export Certificate Report Page 7 out of 8 Report available in FAS website Appendix I. Electronic Copy or Outline of Each Export Certificate See Section I. For additional information, please consult the latest EU-27 FAIRS Export Certificate Report available in FAS website Appendix II. Other Key Contacts The USDA’s Foreign Agricultural Service Office for Spain and Portugal, located in Madrid, can also assist U.S. exporters in obtaining specific national legislation on all food product directives. You may contact us at the following address: Foreign Agricultural Service Office of Agricultural Affairs American Embassy Madrid C/ Serrano, 75 – Box 20 28006 Madrid Spain Tel.: +34-91-587-2555 Fax: +34-91-587-2556 Email: AgMadrid@fas.usda.gov Website link FAIRS Export Certificate Report Page 8 out of 8
Posted: 29 September 2012

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