Northwest Horticultural Council

Export Manual

Capitals: Brussels, Belgium; Strasbourg, France; Frankfurt, Germany; Luxembourg
Population: 451,815,312  (2024)
Currency: Euro
Official Language(s): The EU has 24 official languages

Originally created as a customs union, the EU is a single market in principle and is harmonizing legislation between the 27 member states. Imported products must meet existing member state requirements in cases where EU regulatory harmonization is not yet complete.

All food products legally imported and distributed in one member country of the EU can also be distributed in all other member countries, except in those cases when a country can prove health concerns about the product intended for import.

As of January 1, 2021, following the United Kingdom’s exit from the EU, Great Britain (England, Scotland, and Wales) began establishing their own maximum reside limits (MRLs) and trade regulatory regime. Northern Ireland, while still part of the United Kingdom, continues to follow EU regulations.

Iceland, while not a member of the EU, defers to EU regulations and Maximum Residue Levels (MRLs).

I. CHEMICAL MAXIMUM RESIDUE LEVELS (MRLs)

Cherry MRLs in Top Markets

II. CHEMICALS AND ADDITIVE INFORMATION

A. Chemical residue standards:

Since 2008, all MRLs in the European Union have been harmonized by the European Parliament and Council Regulation 396/2005. The Commission Implementing Regulation 540/2011 establishes a list of approved active substances.  For substances not yet evaluated by the EU, the legislation allows exporters to request an “import tolerance.” All MRLs, including import tolerances, are applicable to all EU member states.”

The EU Commission sets a default tolerance of 0.01 ppm for commodity/pesticide combinations for which a specific tolerance has not been established.

DPA: In 2013, the EU Commission published the official notification lowering the MRL for DPA due to “several data gaps” on the diphenylamine dossier, as identified by the European Food Safety Authority.  The current EU MRL is 0.05 ppm for apples and pears.

Ethoxyquin: In 2014, the European Union published a notice (EU Regulation No. 703/2014) reducing the MRL for ethoxyquin on pears from 3 ppm to 0.05 ppm, effective January 2015.

Quaternary Ammonium Compounds: Traces of antimicrobial/disinfectant compounds have been detected in the European Union (EU) on fruits and vegetables from various origins.  These compounds, benzalkonium chloride (BAC) and didecyl methylammonium chloride (DDAC), belong to a group called quaternary ammonium compounds (also known as quats).  Our industry currently uses products containing these materials for facility and equipment sanitation.  In 2012, the European Commission Standing Committee of the Food Chain and Animal Health (SCoFCAH) determined that the residues of BAC and DDAC would be allowed at an enforcement level of 0.5 ppm until August 2015, at which point the MRL would be reduced to 0.1 ppm.  This temporary MRL will be reviewed within five years, or by December 2019.  Specific guidance provided to the EU member states by the European Commission’s DG SACO is available at this link:  BAC/DDAC Information.

Mancozeb: The current EU MRL is 5 ppm for apples and pears but this is slated to be reduced in the third quarter of 2020 following the EU’s April 17, 2020 ban on the sale of this active ingredient in accordance with Regulation (EC) No 1107/2009.

B. Monitoring chemical residues:

All EU member countries actively monitor and enforce chemical residues on imported fruit.

C. Restrictions on use of waxes:

The European Union (EU) permits the use of white beeswax, yellow beeswax, candelilla wax, carnauba wax, and shellac on apples and pears (EC Directive 95/2/EC).

Morpholine is not allowed to be present as an additive to waxes or other food coatings.  There is active enforcement of this prohibition.

III. ORGANIC FRUIT REGULATIONS

EU Commission Regulations provide detailed rules relating to production, labeling, control, and certification of organic products.  Implementation and enforcement of the EU regulations on organic standards is the responsibility of individual member states.

The EU and the United States have negotiated an agreement called the U.S. – European Union Organic Equivalence Arrangement.  As long as the terms of the arrangement are met, product certified to the U.S. Department of Agriculture (USDA) are recognized as equivalent to the EU organic program and will be allowed to be marketed in the EU using the EU organic logo, USDA organic seal, or both.  Products do not require dual certification under the agreement.

Terms of the Arrangement. In additional to being USDA organic certified, all products traded under this organic partnership must meet the following additional requirements:
1.  Products must travel with an EU import certificate (Certificate of Inspection) that has been completed by a USDA-accredited certifying agent.  The EU Certificate of Inspection is provided through the EU’s TRACES (TRAde Control and Expert System) database.
2.  Products must either be produced or have had their final processing/packaging occur within the U.S.

The EU implemented a system of electronic Certification of Inspection for organic imports. On October 19, 2017.  The electronic certificates replaced the paper-based Certificates of Inspection.

New EU organic legislation will take effect on January 1, 2022. Under the new legislation, a trade agreement will be required for there to be some sort of equivalence negotiated on organics.  Absent a trade agreement with the EU, the current U.S.-EU organic equivalence arrangement will expire on January 1, 2027.

IV. TARIFFS

The EU charges the following tariffs on apple, pear, and cherry imports priced at or above the minimum entry price.

Apples:

Arriving           1/1 – 2/14         4.0 percent
Arriving           2/15- 3/31        4.0 percent
Arriving           4/1 – 6/30        free
Arriving           7/1 – 7/15         free
Arriving           7/16 – 7/31      free
Arriving           8/1 – 12/31       9.0 percent

Cherries:

Arriving           5/21 – 7/15        4.0 percent; in-quota tariff for 800 metric tons
Arriving           6/1 – 6/15          12 percent
Arriving           6/16 – 7/15        6.0 percent
Arriving           7/16 – 7/31        12 percent
Arriving           8/1 – 8/10         12 percent
Arriving           8/11 – 12/31     12 percent

Pears:

Arriving 1/1 – 1/31           8.0 percent
Arriving 2/1 – 3/31          5.0 percent
Arriving 4/1 – 4/30         free
Arriving 5/1 – 6/30         2.5 percent, subject to a minimum of 1 euro/100kg/net
Arriving 7/1 – 7/15           free
Arriving 7/16 – 7/31         5.0 percent
Arriving 8/1 – 12/31         5.0 percent; in-quota tariff for 1,000 metric tons
Arriving 8/1 – 10/31        10.4 percent
Arriving 11/1 – 12/31       10.4 percent

Note: Import duty rates are expressed as ad valorem tariffs equal to a percentage of the product’s value.

Under the terms of the Uruguay Round agreement on agriculture, the EU reference price system for imports of fruits and vegetables was replaced with an entry price system. The system still discriminates against low-priced imports but entry prices, fixed tariffs, and tariff equivalents had to be reduced by 20% over the six-year implementation period of the Uruguay Round.  Products valued below the entry price are charged a tariff equivalent in addition to the fixed tariff. The tariff equivalent is graduated for products valued between 92 and 100 percent of the entry price. The fixed tariff and the full tariff equivalent are levied on imports valued at less than 92 percent of the entry price, making imports of lower-priced produce unfeasible.

U.S. imports of apples, pears, and cherries are consistently valued above the entry prices and, therefore, charged only the fixed tariff.

V. NON-TARIFF BARRIERS

A. Labeling requirements:

Labeling has to be in a language easily understood by consumers, e.g., the official language of the member state.

Labeling of individual pieces of fruit.  Stickers affixed to individual pieces of fruit may not leave visible traces of glue or damage the skin of the fruit when removed.

Each carton must be marked with the following information:

Apples and Pears (Commission Regulation 1619/2001)
1) packer’s identification, including name and address;
2) nature of the produce (e.g. “apples” or “pears”) and the name of the variety or varieties is required
3) country of origin;
4) class (“extra”, I or II) and size or numerical count (for fruit packed in layers);
5) official control mark (optional);
6) batch identification code.

Cherries
1) Country of origin

More detailed information concerning labeling requirements and other packaging requirements are available below under section E. EU Marketing Standards

France:

Post-harvest labeling: French law requires labeling, at the wholesale and retail level, of fresh fruits exposed to post-harvest chemicals.

Labels must indicate when applicable:

• • “Conserve au moyen de…” (method of preservation…)
  • “traite au…” (treated with…) followed by the name of each post-harvest chemical used on the product.
  • “enrobe de cires vegetales” (coated with vegetable waxes), or “agent d’ enrobage…” (coating agent…) followed by the names in French of the waxes.

Consumer packages: On December 13, 2014, new EU labeling requirements entered into effect for prepackaged food products, including pre-packed whole fresh fruits.  These consumer packs should indicate clearly the name or business name and address of the food business operator under whose name the food is marketed.  If that operator is not established in the EU, the name and address of the importer should be provided.

Other requirements include:

• • Name of the food [for example, cherry]
  • Net weight [metric]
  • Country of origin

Pre-packed fresh fruits and vegetables should indicate a manufacturing lot number listed on the packaging or on the commercial documents accompanying the product and should be preceded by the letter “L.”

The label should be part of the packaging, either affixed to the packaging or printed on the packaging.

More information may be found in the European Parliament and Council Regulation 1169/2001 here. 

Packaged in a Protected Atmosphere:  For fruit that has been packaged in some kind of packing gas to extend shelf life, the words “verpakt onder beschermende atmosfeer”‘/ “conditionné’ sous atmosphére protectrice” must be included on the label.

B. Licenses and quotas:

Import licenses are not needed for apples, cherries, or pears.

The EU has an online system (regular weekly reports from the member states to the European Commission) to assist it to monitor imported volumes.  Should these “trigger” volumes be exceeded, the EC would be in the position to levy additional duties. These extra duties can only be levied provided an ad hoc decision is made by the EC.

Spain: EU licensing/quota regulations, if any, apply. The Spanish Ministry of Economy requires an import document called “Prior Notification of Importation” which can be issued in about five days.

C. Currency Issues:

The euro is the official currency for 17 Member States of the European Union. Those utilizing the single common currency include: Belgium, Germany, Ireland, Spain, Italy, Luxembourg, the Netherlands, Austria, Portugal, Finland, Greece, Slovenia, Cyprus, Malta, and Estonia.  Two Member States, the United Kingdom, and Denmark opted out of utilizing the euro and retain the use of their traditional currencies, other Members States have yet to meet the conditions for adopting the euro.

D. Pest and plant disease restrictions:

The EU requires that 100 percent of imported consignments of many plant products undergo phytosanitary inspection upon arrival in the EU unless the plant products qualify for reduced inspection levels. U.S. apple, pear, and cherry fruit do not qualify for reduced EU inspection levels.

Directive 2019/523/EC declared that protective measures must be taken against the introduction of specific quarantine pests found in the United States.  The European Commission (EC) confirmed to APHIS that a systems approach qualifies as a treatment option under the new regulation.  The Northwest Horticultural Council (NHC) worked with APHIS to identify pest-free areas, treatments currently in use, and general horticultural and packing facility practices that could be included as part of a systems approach for the individual fruits of the Pacific Northwest.  The systems approaches were presented as treatments by APHIS and accepted by the EC prior to the September 1 implementation date.  For additional information contact Riley Bushue or Fred Scarlett at NHC.

Apple: A phytosanitary certificate (PC) is required. Fruit must be free of quarantine pests specifically Grapholita prunivora (lesser apple worm), Grapholita packardi (cherry fruit worm), Rhagoletis pomonella (apple maggot), and Anthonomus (Tachypterellus) quadrigibbus (apple curculio).

Apples must be grown in a pest-free area for apple maggot or be cold treated at one of the following schedules:

• • • 32° F (0°C) for 40 days
    • 33°F (0.6°C) for 42 days
    • 36°F (2.2°C) for 35 days
    • 37.9°F (3.3°C) for 90 days

Pears, cherries, and stone fruit: A PC is required. Fruit must be free of quarantine pests specifically Grapholita packardi (cherry fruit worm), Rhagoletis indifferens (western cherry fruit fly), Rhagoletis fausta (black cherry fruit fly) and only for pear – Anthonomus (Tachypterellus) quadrigibbus (apple curculio).

Cherries must be packed under a systems approach for quarantine pests. The protocol requires orchard monitoring and pest control measures for quarantine pests, especially for Rhagoletis spp, e.g., western cherry fruit fly; requires a packing facility arrival inspection; requires a 700-cherry minimum additional sample on line, and 2 percent phytosanitary inspection. Cherries packed for under either the Japan systems approach or California master cherry permit QC 1281 qualify for export to the EU.

E. EU Marketing Standards:

Specific European Union marketing standards exist for apples and pears. Cherries must meet the European Union general marketing standard or be in conformity with the United Nations Economic Commission for Europe (UNECE) cherry standard.

The standards may be found in EU Commission Regulation 543/2011. Fresh fruits are required to be checked for conformity with EU marketing standards for quality and labeling. A conformity certificate is required for all fresh produce shipments destined for the fresh market.  Importers can obtain these certificates at the point of import.

F.  Other Trade Restrictions:

Germany: Germany has a strict recycling and packaging law. All packaging materials must be easily recyclable. There also are restrictions on the type of pallets allowed. To reduce shipping and cost problems, boxes of apples should be delivered on Europallets, sized 80cm x 120cm. Information on recycling requirements can be obtained from: Duales System Deutschland, Postfach 90 01 51, 51111 Koln. Telephone: (49-2203) 937-0. Fax: (49-2203) 937-190.

VI.  MARKETING REPRESENTATIVES FOR PACIFIC NORTHWEST TREE FRUIT INDUSTRY:

Washington Apple Commission/Northwest Cherry Growers/Washington State Fruit Commission:
George Smith
Midsummer Marketing
Hertfordshire, UK
Voice:    011-440-1727-862074
E-mail:  [email protected]

VIII.  OTHER RESOURCE LINKS:

Governmental:

United States:

• • • The World Factbook (Central Intelligence Agency)
    • U.S. Embassy
      • USDA Office of Agricultural Affairs – U.S. Mission to the European Union

European Union:

• • • Europa
    • European Food Safety Authority
    • European Free Trade Association

IX. ADDITIONAL COMMENTS

Special thanks to
U.S. Mission to the European Union