Goods - Spain

Updated 01/2011

Legal requirements

Free movement of goods in the internal market

Thanks to the Single Market, businesses can buy and sell goods throughout the European Union. Member States can exceptionally impose restrictions on this free movement of goods, where there are justified reasons of public interest, for example health or safety.

However, for this freedom to be possible, goods or products must be safe for European consumers. As a result, the European Union has laid down common requirements and standards with which all products moving around the Union must comply. Products with a CE mark comply with these quality standards and can be moved freely within the internal market.

For some goods or products, there are no European standards setting out the requirements which they must meet. In order for these to be freely bought and sold, the principle of mutual recognition is applied between Member States. Under this principle, when a business ensures that its product complies with the quality standards in its own country, the other countries trust in this quality and the goods are accepted throughout the European Union.

Internal market: Free movement of goods
Free movement of goods in the European Union: Your Europe portal

In Spain products must comply with the standards laying down the quality requirements. These standards incorporate the relevant EU legislation. Where there is no EU legislation, products must comply with the standards of the country of origin.

Products must also comply with Spanish consumer protection rules. These also incorporate the European rules, for example on labelling.

Consumers and the European Union
Consumers and the European Union: Activities
Consumers and Spain: National Consumers’ Institute

Importing and exporting goods in Spain

In Spain goods can be freely imported from or exported to other Member States of the European Union. As an exception to this rule, certain goods are subject to a special regime for their international trade. These regimes are as follows:

Authorisation by the authorities.
Surveillance and pre-export notification.
Certification of product quality (for example, agricultural products).
Export: sale of goods outside the EU.
Dispatch: sale of goods within the EU.

More information is available through the following links:

Goods export and dispatch regimes
Rules on the export and dispatch of goods
Carry out import and export procedures online

Personalised help is available if you encounter any obstacles or difficulties in the internal market.

Obstacles or difficulties in the internal market

Help is also available through the following links if you encounter any obstacles or difficulties when moving goods:

SOLVIT
Foreign Trade

Restrictions and how to legally avoid them

The EC Treaties expressly prohibit restrictions on imports and exports between Member States. Member States wanting to prohibit a particular product from entering their market must contact the business and provide detailed objective reasons for this potential prohibition.

There is a network of points of contact in each country for those cases in which there are any doubts, difficulties or obstacles to the free movement of goods.

Personalised help is available through this link and by telephone if you encounter any obstacles in the internal market

Help is also available through the following link if you encounter any obstacles or difficulties with or have any questions about the movement of goods in the internal market:

SOLVIT

The Commission can take rapid action against a Member State if it finds that the latter has put up serious and unexpected obstacles to the free movement of goods. The Commission may require that Member State to take any necessary and proportionate measures to remove the obstacles in question, within the period of time considered appropriate by the Commission.

Administrative procedures

Documents and forms for export procedures can be obtained from and submitted to the State Secretariat for Foreign Trade and to the Territorial or Provincial Trade Directorates.

Online procedures
State Secretariat for Foreign Trade
Network of Territorial and Provincial Trade Directorates
Network of Chambers of Commerce

The Chambers of Commerce also offer their members assistance with these procedures.

Network of Chambers of Commerce

Many procedures can also be carried out online:

Carry out import and export procedures online
Customs: online information and procedures

General procedures

For a detailed explanation of the general procedures required for exporting goods to any country of the world, please refer to the section entitled ‘Outside the EU’.

Outside the EU - Spain

The specific procedures for exporting goods within the EU are detailed below.

EU-specific procedures

The specific procedures for exporting goods within the EU are detailed below.

Classification of goods

Intra-Community goods are classified according to the TARIC (Integrated Tariff of the European Union) codes.

TARIC

Intra-Community VAT number

Businesses and professionals buying or selling intra-Community goods and services subject to VAT must request a VAT/tax number (número de identificación fiscal – NIF) by applying for registration (form 036) in the VAT Information Exchange System (VIES).

In intra-Community transactions, the seller is exempt from charging VAT, which is payable in the country of destination. For this purpose, both the Spanish seller and the receiving business must be registered in the Register of Intra-Community Operators (ROI), also known as the VIES (VAT Information Exchange System).

VIES-VAT

Intra-Community VAT assessments must be submitted.

With regard to refunds, businesses can choose between two options: annual or monthly refund.

lntrastat return (statistical obligation)

Businesses with an export volume exceeding EUR 250 000 per year must submit a monthly Intrastat return. The purpose of this return is mainly statistical, to enable a better understanding of the exchange of goods within the EU. The return can be made through the Virtual Tax Office.

Presentation of Intrastat

Tariff suspension and obtaining new tariff quotas

Businesses must submit applications for tariff suspension or new tariff quotas to the State Secretariat for Foreign Trade (part of the Ministry of Industry, Tourism and Trade). The Secretariat then forwards these applications to the European Commission.

State Secretariat for Foreign Trade

Disputes

Any business that has a problem with the operation of the Single Market can contact the State Secretariat for Foreign Trade or the Network of Territorial and Provincial Trade Directorates, and also the network of Overseas Economic and Trade Offices.

Network of Territorial and Provincial Trade Directorates
Network of Spanish Overseas Economic and Trade Offices

The SOLVIT network can help consumers and businesses to solve problems caused by the incorrect application of internal market legislation by public authorities.

SOLVIT

Any consumer or business can also submit a complaint directly to the European Commission about any measure or practice of a Member State which they consider to be contrary to a provision or principle of EU law. Complaints must be made in writing, by letter, fax or email.

The Spanish Court of Arbitration is responsible for commercial arbitration in cases involving anywhere in the world and almost all economic sectors.

Spanish Court of Arbitration

Resources

State Secretariat for Foreign Trade:

State Secretariat for Foreign Trade

The Spanish Institute for Overseas Trade (ICEX) offers what is probably the best online guide to export procedures and documents.

Export procedures and documents

The website of the World Trade Organization (WTO) has a section on Spain, with information on tariffs, treaties, etc.

Spain and the WTO

Customs provides information on trade.

Customs and excise duties: website

Check also the legislation on this topic in:

Goods - Spain

Legal requirements