EUROPEAN UNION

Member nations of the European Union are:

Austria Belgium Bulgaria Cyprus Czech Republic
Denmark Estonia Finland France Germany
Greece Hungary Ireland Italy Latvia
Lithuania Luxembourg Malta The Netherlands Poland
Portugal Romania Slovakia Slovenia Spain
Sweden United Kingdom

Originally created as a customs union, the EU is slowly becoming a single market 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.

I. CHEMICAL MAXIMUM RESIDUE LEVELS (MRLs)

II. CHEMICALS AND ADDITIVE INFORMATION

    A. Chemical residue standards:

    The European Union is in the process of establishing EU wide maximum residue levels.   Member states don't have the authority to set stricter national MRLs for substances for which an EU MRL exists.  Substances for which no EU MRL has been set remain subject to individual member state legislation; substances for which no EU or national MRL exists must obtain an "import tolerance".   Currently, the EU is reviewing 800 active substances.  More information is available at the FAS/USEU Pesticides and other Contaminants web page.

    Denmark, Finland and Sweden:  Concern about the use of antibiotics on pears and apples has moved Denmark to initiate discussions with the EU regarding standards for such applications.  The NHC will alert the industry when it obtains information on specific changes, if any, in regulatory policy.

    B. Monitoring chemical residues:

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

    C. Restrictions on use of waxes:

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

III. ORGANIC FRUIT REGULATIONS

Implementation and enforcement of the EU regulation setting organic standards is the responsibility of individual member states.  To import U.S. organic products, EU importers must work through their designated member state authorities to obtain import authorization.  Authorizations are granted on a case-by-case basis pending review of organic standards and inspection measures applied by the certifier of the product and the certifier's compliance with EN 45011 or ISO Guide 65.  (EN 45011 is a European Norm relating to the structure of inspection/certification bodies and is equivalent to ISO 65.)

Although the U.S. National Organic Program and the European Union's (EU) organic standards are similar, some differences exist.  The Washington State Department of Agriculture has a list of additional requirements for the European Organic Verification program at http://agr.wa.gov/FoodAnimal/Organic/FoodProducers.htm.  These additional requirements include prohibitions on the use of gibberellic acid (GA) and antibiotics (streptomycin, terramycin).  Growers using other certification schemes should consult the competent authorities in those programs for their rules regarding EU organic certifications.

For details on EU organic regulations, reports and various links to other web sites, visit the FAS U.S. Mission to the European Union  - Organic Foods.

IV. TARIFFS

    The following tariffs apply to produce valued at or above the entry price:

    Apples:

    Arriving 1/1 - 2/14         4.0%
    Arriving 2/15- 3/31        4.0%
    Arriving 4/1 - 7/31         0%, in quota tariff for 600 metric tons (HS                                                 codes 0808 10 20, 0808 10 50, 0808 10                                                 90)
    Arriving 4/1 - 6/30         free
    Arriving 7/1 - 7/31         free
    Arriving 8/1 - 12/31       9.0%

    Pears:

    Arriving 1/1 - 1/31         8.0%
    Arriving 2/1 - 3/31         5.0%
    Arriving 4/1 - 4/30         free
    Arriving 5/1 - 6/30         2.5%, subject to a minimum of 1 euro/100kg/net
    Arriving 7/1 - 7/15         free
    Arriving 7/16 - 7/31       5.0%
    Arriving 8/1 - 12/31       5.0%, in quota tariff for 1,000 metric tons (HS
                                                    code 0808 20 50)
    Arriving 8/1 - 10/31     10.4%
    Arriving 11/1 - 12/31   10.4% 

    Sweet Cherries:

    Arriving 1/1 - 4/30       12.0%
    Arriving 5/1 - 5/20       12.0%, subject to a minimum of 2.4 euro/100                                                 kg/net
    Arriving 5/21 - 7/15       4.0%, in-quota tariff for 800 metric tons (HS                                                 code 0809 20 95)
    Arriving 5/21 - 6/15     12.0%
    Arriving 6/16 - 7/15       6.0%
    Arriving 7/16 - 12/31   12.0%

    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 (new standards 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) (same as apples and pears);
      2) nature of produce (e.g. "cherries").  Name of variety is optional;
      3) country of origin;
      4) class;
      5) official control mark;
      6) batch identification code.

      More detailed information concerning labeling requirements and other packaging requirements are available below under 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: Pre-packed fresh fruits and vegetables should indicate clearly the name and address of a distributor/importer/wholesaler and/or packer in the European Community.

    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.

    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:

      On February 1, 2006 the EU implemented an import license system for apples.  Importers will be able to obtain a license from the authorities in any EU Member State for a security fee of 15 euros/MT and the license will be valid for a period of three months.

      Import licenses are not needed for cherries and pears.

      The EU has an on-line 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.  The chart below detects the trigger volumes fixed per period. 

      Product

      Period of Application

      Trigger Volumes (metric tons)

      Apples

      1/1 to 8/31

      882,977

       

      9/1 to 12/31

      78,670

           
      Pears

      1/1 to 4/30

      239,427

       

      7/1 to 12/31

      35,716

       

       

       

      Cherries

      5/21 to 8/10

      151,059

    Spain:  EU licensing/quota regulations apply.  The Spanish Ministry of Economy requires an import document called "Prior Notification of Importation" which can be issued in about 5 days.

    C. Currency Issues:

      On January 1, 2002, the euro became the official currency of twelve member states of the EU.  The conversion rates between the euro and the currencies of the member states adopting the euro are irrevocably fixed.  Three non-participating  EU countries (the UK, Denmark and Sweden) do not use the euro and their currencies, as well as the euro, fluctuate according to the market conditions.

      Greece:  Approval is needed from the Bank of Greece for foreign exchange transactions.

    D. Pest and plant disease restrictions:

      The EU requires that 100% of imported consignments of many plant products undergo phytosanitary inspection upon arrival in the EU unless the plant products qualify for reduced inspection levels.  

      100% of the pear consignments imported from the U.S. must be inspected.

25% of the U.S. apple consignments must be inspected.  Each EU Member  State may inspect between 25 and 100 percent of the apple consignments imported from the U.S.

      Imported consignments of U.S. cherries quality for a reduced inspection level of 50 percent.  Each EU Member State may adopt an inspection frequency, of between 50 to100 percent of imported consignments from the U.S.

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

      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), Tachypterellus quadrigibbus (apple curculio) and Monilinia fructiciola (brown rot).  

      APHIS requires that the packinghouse provide a copy of the grower pesticide application records for all cherry and stone fruit lot(s) destined for any EU country.  Applications of accepted brown rot control materials must be highlighted on the pesticide application record.  One application of any accepted material is sufficient to document treatment. A list of plant protection products approved for brown rot control may be found by clicking on this link (Brown rot control materials).   This list was excerpted from an on-line version of the Pacific Northwest Plant Disease Handbook published by Oregon State University .  Use of any of the materials on this list constitutes effective treatment.

E. EU Marketing Standards:

    Effective June 1, 2008 the European Commission revised its apple grade standard.  The most significant change concerns the sizing provisions.  The new provisions are as follows:

    PROVISIONS CONCERNING SIZING

    Size is determined either by the maximum diameter of the equatorial section or by weight.

    For all varieties and for all classes the minimum size is 60mm, if measured by diameter or 90g. if measured by weight.  Fruit of smaller sizes may be accepted, if the Brix level of the produce is greater than or equal to 10.5° Brix and the size is not smaller than 50mm or 70g.

    To ensure there is uniformity of size within the package:

    (a)  for fruit sized according to the diameter, the difference in diameter between fruit in the same package shall be limited to:

    - 5mm for "Extra" Class fruit and for Classes I and II fruit packed in rows and layers.  However, for apples of the varieties Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount to 10mm, and

    - 10mm for Class I fruit packed loose in the package or sales packages.  However, for apples of the varieties Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount to 20mm, or

    (b)  for fruit sized according to weight, the difference to weight between fruit in the same package shall be limited to:

    - 20% of the average individual fruit weight in the package for "Extra" Class fruit and for Classes I and II fruit packed in rows and layers, and

    - 25% of the average individual fruit weight in the package for Class I fruit packed loose in the package or in consumer packages.

    There is no sizing uniformity requirement for Class II fruit packed loose in the package or in consumer packages.

    To access the apple, pear and cherry standards, please visit www.useu.be/agri/Fruit-Veg.html for details regarding:

    1. Minimum quality requirements following preparation and packaging
    2. Classification or grade
    3. Sizing
    4. Quality tolerances for class and size
    5. Provisions for presentation
    6. Labeling requirements
    7. Coloring requirements

    As of March 31, 2003, 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.  Solid Wood Packing Material (SWPM) Regulations:

G.  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. Facsimile: (49-2203) 937-190.

VI. SUBSIDIES

Market prices within the European Union are maintained through a system which compensates growers for the withdrawal of their product from the market. The system is operated by the intervention agencies in individual Member States through registered producer organizations. Marketable qualities of apples and pears (but not cherries) may be surrendered to the intervention agencies during withdrawal periods in exchange for compensation. The goal of the system is to provide a safety net for producers by not letting prices fall too low in times of oversupply.

Chronic problems with the support system, including large and persistent surpluses in production, forced the European Union to reform the system.  A new common market organization (CMO) for fruits and vegetables went into force in January 1997. The measures include reductions in the compensation paid for withdrawn produce and quantitative limits on the volume that may be withdrawn. There are also measures to strengthen the role of producer organizations in planning production, undertaking market promotion projects, developing environmentally-friendly production practices, etc. The operational funding for producer organizations will be financed fifty-fifty by a levy on the products traded by an organization and Community funding.

In December 2000, the first substantial modifications were made to the CMO.  It established new rules for processed products and for the management of export refunds.  An updated report on the EU fruit and vegetable regime is available at www.useu.be/agri/commod.html.

Fresh Fruit Purchased by EU Intervention Agency (in MT)
  1997/98 1998/99 2000/01
Apples 358,000 271,755 254,957
Pears 86,170 56,611 71,675

Export subsidies are available for apples, citrus, table grapes, peaches & nectarines, tomatoes and nuts.  Reports on export refunds are published on www.useu.be/agri/commod.html.

Austria:  Producers may obtain subsidized credits for modernization of buildings, storage and machinery.  Installation of hail nets and irrigation equipment is also subsidized.

Fruit growers participating in the integrated fruit production program limit their use of pesticides and fertilizers.  In return, they receive AS 7,000/ha.

Organic production is subsidized by AS 10,000/ha/yr.

Austria is interested in EU support of producer organizations (PO's). There is currently one fruit PO in Styria.  Austrian fruit producers benefit from PO's primarily in regard to marketing.  A PO can place 50% of its membership fees into an enterprise fund. This amount is then matched by a contribution from Brussels. Producer Organizations can then finance quality improvement, environmental, and generic marketing measures with money from the enterprise fund.  Austria states that it is in favor of the gradual reduction of EU intervention quantities and intervention prices as these policies have never played an important role in the Austrian fruit industry.  Please refer to EU chapter for additional information.

Belgium:  Belgium provides an interest rate reduction program that allows producers to deduct up to five percentage points from the prevailing market interest rate for new investments.  Producers using integrated production techniques (similar to IPM) receive a $275 hectare subsidy funded by both the EU and the Belgium government.

France:  French apples benefit from EU export subsidies when sold to certain non-EU countries, including Scandinavian countries, Saudi Arabia, Singapore and Malaysia. Apples and pears receive market promotion assistance from SOPEXA, the quasi-governmental promotional association for agricultural products.

Spain:  Between 2006 and 2011, twelve thousand hectares will be eligible for this orchard rejuvenation program.  As much as 15 percent of the removal and replanting costs will be subsidized (10,000 to 11,000 Euro per hectare).

Sweden:  The Government of Sweden has set a goal of obtaining 20% of total crop area for all types of products to be converted to organic production.  7,500 Swedish Krona per hectare (USD 423/acre) is available for organic fruit growers.

United Kingdom:  The UK government does not provide direct subsidies to growers.  Hower ver, as a member of the EU the UK does participate to a limited degree in market intervention programs.

VII.  MARKETING REPRESENTATIVES FOR PACIFIC NORTHWEST TREE FRUIT INDUSTRY:

Washington Apple Commission:
George Smith
Hertfordshire, UK
Voice:  011-44-1727-862074
FAX:   011-44-1707-226176
E-mail:  wac@midsummermarketing.com

Pear Bureau Northwest (Belgium)
Frederik D. van der Monde
I.M.D.C. sprl
Brussels, BELGIUM
Tel/FAX:  011-32 2 346 4250
Cell:  011-32-477 616 582
E-mail:  IMDC@skynet.be 

Pear Bureau Northwest (Germany)
Maria Kraus
MK2 Marketing & Kommunikation
Bonn, GERMANY
Voice:  011-49-228-943787-0
FAX:   011-49-228-943787-7
E-mail: maria.kraus@mk-2.com  

Pear Bureau Northwest (Finland, Ireland, Sweden, UK)
Andrew Brown
Guildford
Surrey, ENGLAND
Voice:  011-44-1-483-416136
FAX:   011-44-1-483-426662
E-mail: 106624.3376@compuserve.com

Northwest Cherry Growers/Washington State Fruit Comm. (UK)
George Smith
Midsummer Marketing
Hertfordshire, UK
Voice:  011-440-1707-226577
FAX:   011-440-1707-226176
E-mail: george@midsummermarketing.com

VIII.  OTHER RESOURCE LINKS:

Governmental:

United States:

European Union:

Private:

IX. ADDITIONAL COMMENTS

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

105 South 18th Street, Suite 105
Yakima, Washington 98901, USA
Voice: (509) 453-3193, Fax: (509) 457-7615

E-mail general@nwhort.org