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Information for German Importers

Summary:

Through CETA (Comprehensive Economic and Trade Agreement of the EU and Canada), German importers can save money when importing Canadian products compared to products from countries without a free trade agreement. Because CETA ensures that tariffs are eliminated on almost all agricultural products.

CETA has been provisionally applied since September 21, 2017. The agreement will come into full force when all EU Member States have completed the ratification process. Until then, the provisional application of CETA will continue and will remain equally accessible to Canadian and EU companies.

Elimination of customs duties

In order to determine the applicable duty rate for goods imported into the EU under CETA, importers must know the 6-digit Harmonised System (HS) code for their goods. Die HS codes must be stated on export declarations. If you are having trouble finding the correct HS code, please contact Canadian Trade Commissioner Service at the Consulate of Canada in Düsseldorf, to get assistance. If there is doubt as to which HS code is to be applied to a product, a procedure can be carried out which is binding customs tariff information (VzTA) but is not required in most cases. For more information about the vZTA, please visit the German customs page.

Annex 2-A: Elimination of customs duties and Annex 2-A: EU tariff scheme The CETA text contains full details on the subject of tariff reduction.

These free online tools can also be helpful in determining applicable duties and regulations:

CETA rules of origin for agricultural products, fish and seafood

With the Rules of origin These are provisions in free trade agreements which determine whether a product originates in the countries that are parties to the agreement. Only products that have been obtained or manufactured entirely in Canada or have been sufficiently processed in Canada are considered “originating products” and can, as in Protocol on rules of origin and origin procedures decided to benefit from the preferential tariff treatment provided by CETA.

Economic operators in the EU can contact the respective EU customs authorities mandatory origin information request to determine the origin of Canadian goods in order to create legal certainty, to facilitate the work of customs services in customs clearance and to contribute to a uniform interpretation of the rules of origin.

Importer's responsibility

When importing goods into the EU, EU companies have obligations set out in the CETA Protocol on rules and procedures of origin in Article 21 - Import obligations are described.

  1. Request for preferential treatment:
    a) Submit the origin declaration to the customs authority of the importing country in accordance with their procedure.
    b) Where applicable, a translation of the origin declaration must be provided.
    c) Where applicable, provide a declaration showing that the imported goods meet the conditions for granting preferential treatment.
  2. The importer must notify the customs authorities of the importing country in writing if he believes that the origin declaration contains incorrect information and that preferential treatment has been granted.
    a) Where applicable, he must pay the outstanding duties.
  3. The importer may be denied preferential treatment for a product if he does not meet any of the requirements of the Protocol.
  4. If the importer does not present a declaration of origin at the time of importation, he may refund the duties paid retrospectively (upon presentation of the declaration of origin) within a period of at least three years apply for.

Example of a declaration of origin

import licences

For certain agricultural products, tariff relief is managed through license quotas in accordance with EU Commission Implementing Regulation (EU) 2020/761 of December 17, 2019. In order to apply a license quota, the applicant must have a valid import license. Licences shall be issued by specified bodies in the Member States at the request of the importer. In Germany, this is the Federal Institute for Agriculture and Food (BLE Section 514 — Licensing Section).

Import licenses must be obtained prior to customs clearance.

The tariff quotas for Canadian products are governed by the following articles:

Since June 1, 2021, Germany can Electronic import licences be issued and used provided that the customs declaration (s) for the import license are to be made in whole or in part at a German customs office. However, for imports that enter the EU via another member state, a license or partial license must still be issued in paper form.

An overview of the current utilization of quotas is available here.

Food labeling and health claims

Canadian and German (or EU) regulations on food labeling and health claims differ. The importer must take this into account when bringing a Canadian product to the German/EU market in order to comply with the relevant regulations. The aim is to ensure consumer protection and make it easier for consumers to choose between different foods, including imported products.

Information relating to substances whose benefits have not been proven or for which there is currently insufficient scientific consensus may not be used.

More information on uniform food labelling across the EU:

For example, the points of readability, list of ingredients, allergen labeling, best-before or use-by date, company address (of the manufacturer or importer) or the nutritional value table are important.

BLE checks compliance with marketing standards and labeling regulations when importing from third countries to Germany and the EU, including correct beef labeling.

Novel foods

So-called “novel foods” require approval in accordance with the Novel Foods Ordinance. Novel foods are foods that were not consumed to any significant extent in the EU before 15 May 1997. These include newly created foods, innovative foods, foods produced using new technologies and production processes, and foods that are or have traditionally been eaten outside the EU.

You can check whether your product falls into this category by visiting the following website: https://webgate.ec.europa.eu/fip/novel_food_catalogue/

Import sales tax

Single Administrative Document (SAD)

Would you like to import a Canadian product to Germany?

Interested in investing in North America?

Feel free to contact the Canadian Trade Commissioner Service at deutschland.commerce@international.gc.ca

Additional resources

The following reading may help you better understand CETA and the requirements for importing or exporting products from Canada to the European Union.

  1. Example of a valid declaration of origin
  2. CETA in detail
  3. EU-Canada Comprehensive and Economic Trade Agreement — key points
  4. Exporting agricultural and food products to the European Union
  5. CETA opportunities and benefits for Canada's agricultural and food exporters
  6. Opportunities and benefits of CETA for Canadian seafood exporters
  7. Protocol I: Rules of origin and origin procedures
  8. Text of the Comprehensive Economic and Trade Agreement - Protocol on rules and procedures of origin (international.gc.ca)
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