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Country Commercial Guides
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CHAPTER VI. TRADE REGULATIONS AND STANDARDS
Trade Barriers
Belgium maintains an excellent and open trading climate for American companies, and government leaders at all levels are very supportive of free trade. That does not, however, always translate into a commercial environment that is easy for an American company to understand or operate in. As a result, American companies do sometimes encounter trade problems. These problems often result from the Belgian penchant to compromise and avoid confrontation. They also sometimes result from the unclear division of responsibilities among local, regional and federal authorities. This lack of clear responsibility can lead to bureaucratic delays and inaction. It can also lead to inconsistent legislation and implementation. Nevertheless, Belgium offers an excellent commercial environment for American companies.
Effects of the Single Market:
Belgium is a member of the EU (European Union) single market, comprising some 370 million consumers. As a consequence, it participates in the process of developing or implementing harmonized product standards applicable in all 15 member nations. As of January 1, 1993, the EU in theory became borderless, allowing for the free movement of goods and services between member nations. There are common duty rates among all EU members on products imported from non-EU countries. VAT (Value Added Tax) rates are also in the process of being harmonized among the fifteen members. However, this effort might not be realized in the near future. Nevertheless, American companies should consider further developments as features that facilitate their access to the EU single market. Harmonized standards (to a certain extent), duties, VAT, etc., ease the process of doing business in a regional market.
On the other hand, American companies must also remember that the EU single market continues to consist of fifteen different and unique markets. For example, the single market does not eliminate language and cultural differences between national markets, nor does it eliminate differences in consumer buying patterns or distribution channels. Few distributors have the capability to effectively distribute a product or service in all fifteen member states. This problem is compounded by the legal differences in the treatment of agents and distributors between the EU members.
Most American firms should therefore consider maintaining a number of distributors in Europe. It is also vital to obtain sound legal advice in each country. This need to support multiple strategic and marketing programs will certainly limit the benefits that a company would hope to accrue from the EU single market.
For an explanation of the European Union and its governing European Directives (laws) please refer to Section II Economic Trends and Outlook, and the European Union Commercial Guide.
Government Procurement of Goods and Services
The EU has adopted several directives covering public supplies and public works. These include the sectors of energy, water, telecommunications, and transport (the so-called "utilities" or "excluded sectors" directive). However, Belgium's implementation of these directives has been slow and incomplete. Belgian public procurement is still characterized by:
--Poor public notification and procedural enforcement;
--An unofficial "buy local" policy; and
--Nontransparency throughout the procurement process.In 1994, the government implemented a new law on government procurement to bring Belgian legislation into conformity with European Union directives. The revision has incorporated some of the onerous provisions of EU legislation, while improving certain aspects of government procurement at the various governmental levels in Belgium. The new law can only be evaluated over time and its benefits will be heavily influenced by the way it is interpreted and implemented in Belgium.
Ecotaxes and Environmental Regulation
The Belgian government has passed a series of ecotaxes in order to redirect consumer buying patterns away from materials considered to be environmentally damaging. The "Green" parties won heavily in the recent elections, and will have an increasingly strong influence over environmental regulations. The new ecotaxes will, in all likelihood, raise costs for U.S. exporters, as they adapt to the phased-in implementation of these taxes. Environmental regulations in general are further complicated by the fact that various central government powers over the environment have been devolved to the three regions of Belgium. As a result, we are beginning to witness the inconsistent regulations or environmental standards among the regions.
Cattle Growth Hormone Ban
The EU bans imports of U.S. hormone-treated beef and all high-value products containing hormone-treated meat. This has led to the decrease in U.S. agricultural sales in member states of the EU, including in Belgium. The WTO's Dispute Settlement Body determined in February of 1998 that the hormone ban is not consistent with the EU's obligations under international trade agreements
Customs Valuation
As a member of the EU, Belgium applies the EU common external tariff to goods imported from non-EU countries. For goods imported into Belgium from other EU countries, no customs duties apply unless the goods were imported from outside the EU and customs duties had not already been paid in another EU country. These duties are based on the price paid for the goods, most often this is the invoice price. Freight and insurance charges to the EU frontier, cost of assistance given to the supplier, and royalties or license fees paid for the goods are then added to the price. Certain costs that are not dutiable include buying commissions, the cost of installing goods after importation, and payments for the right to produce or distribute the goods after importation.
The EU is currently considering a change in its method of calculating the customs values of imported goods. Current EU customs valuation rules provide that, where there is a "chain of sales" leading to the importation of goods into the EU, the price paid in any of these sales can be used as the basis for establishing the customs value of the goods in questions. The proposal under discussion would require that the customs value be based on the final sale price only. If adopted, many U.S. multinationals exporting to the EU through a "chain of sales" would find that EU customs officials assign their products a higher customs value than that of the first EU port of entry. U.S. companies should follow this development carefully through their customs broker since its implementation would necessitate considerable adjustments in operations for major U.S. exporters to Europe.
Goods imported into Belgium or made in Belgium are normally subject to Value Added Tax (VAT). Value Added Tax is levied on the value that is added to the goods or services at each stage in the production and distribution process. This process works by having a tax levied at each point en route, as ownership passes from one person to another. At every stage, an 'output' tax is charged on the current sales value, but the 'input' tax which has been charged by those at an earlier stage of the game can be offset or recovered. Thus the tax liability at each stage is based on the difference between the value of the outputs and the value of the inputs (hence 'added value'.)
VAT is payable upon importation if Belgium is the destination of the goods being shipped into the EU. One of three rates will apply:
6 percent - daily necessities, food stuffs, etc;
12 percent - tobacco, fuel, etc.; and
21 percent - majority of commercial itemsVAT it is applied after all customs duties are added to the price of the goods. Since EU products are not liable for customs duties, the effective VAT rate for non-EU goods is actually higher than the rates cited above.
Import Licenses
Many products may be imported or exported without any prior license, but certain listed products and products from certain countries are subject to an import license. An application for such a license must be made with the Office of Quotas and Licenses (OCCL/CDCV). Strategic goods are also subject to an import and/or quota license. A list of products subject to quotas or licenses can be obtained either from the office of the OCCL/CDCV, by contacting a Belgian customs broker directly, or via an American broker.
Ministry of Economic Affairs
Office of Quotas and Licenses (OCCL/CDCV)
Rue Général Leemans, 60
1040 Brussels, Belgium
Tel: 32/2/230-5805
Fax: 32/2/230-8322Export Controls
Selling into Belgium
The Bureau of Export Administration (BXA) is responsible for the licensing of exports out of the United States. There is no longer a distinction between validated licenses and general licenses - either you need a license or you do not need a license (NRL - No License Required). An export license is required for reasons of national security, foreign policy, and short supply. Form 748P, obtained at your local Department of Commerce office, should be submitted to the BXA to determine your license requirements. More information on the Bureau of Export Administration can be found at its website at www.bxa.doc.gov.
Selling out of Belgium
Belgian controls apply to the export and re-export of military (conventional weapons) and dual-use items, as well as materials for weapons of mass destruction. Belgian companies send all applications for export and re-export to the Office of Quotas and Licenses in the Ministry of Economic Affairs. At that point, the process varies depending on whether the export is a conventional weapon/dual use item or a nuclear-related item.
If the item is a conventional weapon or dual use item, the Office of Quotas and Licenses will first determine whether, based on law and its experience, it will approve the item for export. If the Office makes an initial approval, it then sends the request for further approval to one of two federal ministers depending on the location of the Belgian company involved in the export. Once approved or disapproved by the respective ministry, the applications are returned to the Office for final disposition.
If the item is nuclear or nuclear-related, the application must be approved by the Minister of Economic Affairs, after consultation with and advice from the National Nonproliferation Board. The Board consists of representatives of five federal ministries, including Trade, Foreign Affairs, Health, Energy and Economic Affairs.
Import/Export Documentation
European Community Ministers agreed in 1991 to abolish virtually all customs documentation on goods moving between EU countries by January 1, 1993. However, countries outside the EU are still required to obtain proper customs documentation. The following is a summary of the documentation needed for U.S. exporters of goods to Belgium. However, such information can change overnight. U.S. exporters should always consult a reputable freight forwarder regarding recent changes in customs documentation and import/export regulations.
Shipping Documents
The following are the documentary requirements American exporters must meet when shipping to Belgium: mail and parcel post shipments require postal documentation in place of bills of lading. Air cargo shipments require airway bills (in place of bills of lading) with the number of copies issued based on the requirements of the importer and the airline used. IATA and/or ICAO (plus all other applicable national and/or international) regulations governing labeling and packaging of dangerous and restricted goods should be followed. This also applies to the issuance of the special shipper's certificate required under IATA rules for such items (airlines will supply this form). ICAO rules may also require documents covering such shipments (airlines will supply information and forms if required). U.S. exporters must also follow U.S. government requirements regarding export control documents, including the shipper's export declaration.
Consular/Customs Invoice
Neither document is required in Belgium.
Commercial Invoice
The commercial invoice (in triplicate and with no requirements as to form), must contain the following: date and place of shipment; name/firm's name and address of seller and buyer; mode of transport; number, kind and markings of the packages and their numerical order; exact description of goods - a customary commercial description according to kind, quality, grade, weight (both gross and net, in metric units), etc., with special emphasis to be placed on any factors which increase or decrease the value of the goods; agreed price of goods - unit cost, total cost F.O.B. factory plus shipping, insurance and other charges; delivery and payment terms; country of origin of goods; and the signature of the exporting firm. It is useful if the commercial invoice contains the HTS code (Harmonized Tariff Schedule). This is not mandatory, but helps customs authorities to recognize the commodity and properly classify it for customs purposes. The first four digits of the eight-digit code are harmonized worldwide. Additional information may be requested by the importer, under terms of a letter of credit, or due to the nature of a particular trade.
Pro-forma Invoice
A pro-forma invoice is acceptable in lieu of a commercial invoice. It should include a complete description and value of the goods shipped. It is mostly used in cases where no actual invoicing between the shipper and the consignee exists.
Bills of Lading
Generally, "To Order" bills are acceptable. Bills of lading should bear the name of the party to be notified. The consignee needs the original bill of lading to take possession of the goods. Express bills of lading are also acceptable. These Bills of Lading help speed up the process in cases where banking is not necessary. With an express bill of lading, goods are automatically transferred to the designated consignee without presentation of the original Bill of Lading. This is ideal for internal company shipments of goods sold on open account.
Packing List
This is not a mandatory document. However, including a packing list should facilitate customs clearance of goods.
Certificate of Origin
A certificate of origin is not, as a general rule, required under Belgian regulations for imports from the U.S. except when the certificate is specifically demanded in the import license. Sometimes certificates of origin are requested by the importer, bank, or required by a letter of credit clause. Where necessary, there are no regulations concerning the form and preparation of the certificate, but the data it contains has to be certified by a Chamber of Commerce, which will probably require an additional notarized file copy. Under EU regulations, certificates of origin may be required for stipulated goods, including goods subject to surveillance and/or quota requirements. Although, for companies dealing in textiles and computer products, a certificate of origin is almost certain to be required. Importers will instruct their suppliers when certificates of origin are to be issued in such circumstances.
Insurance Certificate
Normal commercial practices pertain. Follow the instructions of the importer and the insurance company.
Steamship Company Certificate
There are no known requirements.
Import License
The vast majority of goods from the U.S. do not require an import license (as long as the importer is Belgian).
U.S. Shippers Export Declaration
This is required if the value of the shipment is more than $2,500 ($500 for shipments through the U.S. postal service) or where a validated license is needed. The $2,500 exemption ($500 for shipments through the U.S. postal service) applies to goods under each schedule B number in a single shipment from one exporter to one importer.
Consular Fees
There is no known general requirement to have documents legalized. If requested to legalize a shipping or legal document, Belgian officials will usually do so at no cost or for a nominal sum. Please verify the policy of the consular office used regarding this matter.
Temporary Entry
Legislation exists that exempts goods brought into Belgium for re-export, from import duties and Value Added Tax. Such goods must be kept in a bonded warehouse until they are re-exported. The shipment does not have to be re-exported in total. The portion of the shipment destined for the local or EU market is liable for duties and VAT at the time when the importation takes place. Additionally, goods may be sorted, repacked and re-labeled in bonded warehouses. Many customs clearing agents in the main ports and airports are able to provide these services within bonded warehouses.
For temporary entry of goods, Belgium accepts an ATA Carnet. An ATA Carnet is an international customs document that simplifies Customs procedures for the temporary importation of commercial samples, professional equipment, and goods for exhibitions and fairs. The Carnet facilitates international business by avoiding extensive Customs procedures, eliminating payment of duties and value-added taxes (minimum of 20 percent in Europe) and eliminating the purchase of temporary import bonds. The document is valid for up to one year, and can be used for multiple shipments between the United States and Belgium. The United Council for International Business has been designated by the U.S. Treasury Department as the sole issuer and guarantor of ATA Carnets in the United States. For more information, visit the United States Council for International Business at www.uscib.org/carnet/carnet.htm or call 1-800-5-DUTYFREE or 212-354-4480.
Labeling, Packaging Requirements
Until recently, each EU country regulated its domestic industries for packaging and labeling. As part of the EU's 1992 single internal market program, the EU is now attempting to remove technical barriers by harmonizing existing European legislation and establishing new rules, where necessary, so that goods sold in one EU country can be marketed easily in any other EU country. However, differences still exist from country to country. In addition, national requirements exist side by side with EU-wide requirements. The following is a review of packaging and labeling regulations in Belgium affecting U.S. exporters. The review covers both national and EU-wide aspects of packaging and labeling in Belgium.
What Language to Use
Probably the most frequently asked question regarding packaging and labeling in Belgium is "what language am I required to use?" Belgium recognizes three official languages: Dutch, French and German. The prevailing Belgian law simply requires that consumers of the targeted market must be able to read the product information. Typically, this has been Dutch in the northern half of Belgium (Flanders), French in the southern half of Belgium (Wallonia) and German in two small communities of German-speaking Belgians on the Belgian-German border. Generally, both Dutch and French appear on all products sold in the Belgian market and should be considered the most judicious option for all newcomers. The language requirement is enforced rather liberally. For example a judge in the Flemish city of Mechelen ruled in favor of a German company that resisted labeling its product in Dutch, as he deemed the local populace to be sufficiently well versed in German.
Labeling and other requirements
With only minor exceptions, there are no general labeling requirements on Belgian imports. Requirements for specific products should be obtained from the importer. Certain commodity imports, including numerous food items, are subject to special labeling regulations that require one show the manufacturer, composition, content (in metric units), and country of origin. These special detailed and diverse regulations largely relate to health and quality standards, and are embodied in formal Belgian legislation and in EU directives. Given the complexity of this field, information should be requested from the importer prior to shipment.
Prohibited Imports
Few products are prohibited from importation into Belgium. Among these limited items are endangered species, including those listed in the CITES convention. Also prohibited from importation are weapons such as sword-sticks, daggers, bludgeons, and rifles above 20 caliber and antipersonnel mines. American-raised beef treated with hormones also may not be imported under EU regulations. As the list of prohibited items is subject to change, please contact the American Embassy in Brussels for the latest information.
While the list of prohibited items is small, many products are subject to strict licensing and control. Belgian customs brokers or the American Embassy in Brussels can provide additional information. Listed below are Belgian government offices that can provide information on specific restrictions and control measurements:
Products that are subject to import restrictions
Ministry of Economic Affairs
Office of Licensing
Generaal Lemanstraat 60
1040 Brussels, Belgium
Tel: 32/2/206-58-11
Fax: 32/2/514-03-89
Agricultural products that are subject to an import certificate:
Belgian Bureau for Intervention and Resitution
Trierstraat 82
1040 Brussels, Belgium
Tel: 32/2/287-24-11
Fax: 32/2/230-25-33
Or 280-25-33Regulation concerning the marketing of wine:
Ministry of Economic Affairs
Office Economic Inspections
WTC III - Simon Bolivarlaan 30
1000 Brussels, Belgium
Tel: 32/2/208-36-11
Fax: 32/2/208-39-15Country of Origin Certificate for the import of textile products:
Ministry of Economic Affairs
Office of Economic Licensing
Generaal Lemanstraat 60
1040 Brussels, Belgium
Tel: 32/2/206-58-59
Fax: 32/2/206-57-71Import of vegetable products (vegetables, fruit, plants):
Ministry of Agriculture and Middleclass
Phytosanitary Services
WTC III - Simon Bolivarlaan 30
1210 Brussels, Belgium
Tel: 32/2/208-32-11
Fax: 32/2/208-37-05Wild animals and plants (and parts and products):
Ministry of Agriculture and Small and Medium Enterprises
Office of Animal Health and Quality of Animal Products
WTC III - Simon Bolivarlaan 30
1210 Brussels, Belgium
Tel: 32/2/208-32-11
Fax: 32/2/208-36-12Ministry of Agriculture and Small and Medium Enterprises
Phytosanitary Services
WTC III - Simon Bolivarlaan 30
1210 Brussels, Belgium
Tel: 32/2/208-32-11
Fax: 32/2/208-37-05Animal food products:
Ministry of Health
Institute for Veterinary Inspection
Wetstraat 56
1040 Brussels, Belgium
Tel: 32/2/287-02-11
Fax: 32/2/287-02-01 Other food:Ministry of Health
General Food Inspection
R.A.C. - Esplanadegebouw
Pachecolaan 19, bus 5
1010 Brussels, Belgium
Tel: 32/2/210-48-43
Fax: 32/2/210-48-16Product safety:
Ministry of Economic Affairs
Office Quality and Safety
North Gate III, Bat. E.
E. Jaqmainlaan 154
1000 Brussels, Belgium
Tel: 32/2/206-48-52
Fax: 32/2/206-57-52Live animals and other animal products:
Ministry of Agriculture and Small and Medium Enterprises
Office of Animal Health and Quality of Animal Products
WTC III - Simon Bolivarlaan 30
1210 Brussels, Belgium Tel: 32/2/208-32-11 Fax: 32/2/208-36-12Import of narcotics and psychotropic substances:
Ministry of Health
Drug Division
R.A.C. - Vesaliusgebouw, 340
Oratorienberg 20
1010 Brussels, Belgium
Tel: 32/2/210-49-26
Fax: 32/2/210-63-70Waste products:
Ministry of Health
Risk Control
R.A.C. - Vesaliusgebouw, 2/3-04
Pachecolaan 19 - bus 5
1010 Brussels, Belgium
Tel: 32/2/ 210.49.75
Fax: 32/2/ 210.59.27Weapons:
Ministry of Justice
Administration of Weapon Licensing
115, Boulevard de Waterloo
1000 Brussels, Belgium
Tel: 32/2/542-65-11
Fax: 32/2/542-70-34Explosives:
Ministry of Economic Affairs
Administration of Mining
E. Jaqmainlaan 154
1000 Brussels, Belgium
Tel: 32/2/206-48-01
Fax: 32/2/206-57-51Standards
The importance of ISO (International Standards Organization) 9000 in selling to Europe:
Simply put, ISO 9000 (EN 29000 in Europe; ANSI/ASQC Q 90 System in the U.S.) defines the basic requirements for a manufacturing quality control system. It includes documentation, controls, and worker training. Its aim is to ensure that a manufacturer's product will remain the same regardless of when it is taken off the production line. In other words, ISO 9000 is designed to ensure a consistent level of product quality. ISO 9000 standards are unlike engineering standards, which contain units of measurement, test methods and specifications. Rather, ISO 9000 standards encompass certain generic management practices designed to benefit both the producer and end user.
In today's marketplace, quality is a competitive advantage. According to 1993 statistics, some 50,000 EU companies now have some form of ISO 9000 registration. While voluntary, European manufacturers are increasingly requesting that their suppliers be ISO 9000 registered. In addition, more and more European importers are making the same request of their European and American suppliers. Although the ISO 9000 simplifies matters, the registration process is not cheap and market demands for registration varies across product and service sectors. It is important to note that ISO 9000 registration does not guarantee quality since it is more concerned with product consistency than product quality. It also does not ensure that a U.S. product will meet the various standards incorporated into EU directives covering a host of products.
Product and technical standards
There are a number of EU, and member-state, standards governing various product categories, as well as health and safety standards that encompass many product categories. When considering the Belgian and broader European market, a U.S. company needs to consider which mandatory product standards may apply to its products or services. An importer is one source for acquiring this information, at least in the initial inquiry stages.
Recycling, packaging and waste management
An EU proposal adopted in early 1995 has two objectives: first, to harmonize European packaging standards and symbols to facilitate the free flow of goods within the community and, second, to maximize the environmental benefits of various national waste management systems by increasing the level of coordination among them. To attain these objectives, the Directive establishes:
-- Recovery and recycling targets;
-- Requirements and conformity symbols for packaging; and
-- Broad criteria for national waste management systems.
The Directive is based on a prevention-first, recovery-second, and disposal-last approach. It mandates that, within 5 years after the passage of the directive, the EU member states must recover (defined to include recycling, composting, and waste-to energy recovery) a minimum of 50 percent by weight of all packaging waste, with at least 25 percent recycled. More important, the Directive sets maximum targets for recovery of 65 percent and 45 percent for recycling.
The Directive includes a clause enabling Member States to pursue higher targets, provided they comply with a number of conditions, and in particular that their policies should not hinder the introduction of similar policies in other Member States. To allow for existing special circumstances, some countries are allowed additional time to attain the first stage targets.
Member states must take the necessary steps to set up return, collection and recovery systems so as to attain the objectives of the Directive. In accordance with the principle of subsidiarity, member states are free to develop their own management systems according to their national requirements and in accordance with the Treaty.
While U.S. exporters need not be concerned with the technicalities of the disposal methods, it is important that their products not be unfavorably biased by the legislation. The EU Directive specifies that, "these systems shall ensure the coverage of imported products under non-discriminatory conditions and shall be designed in such a way that there are no barriers to trade or distortion of competition." Regarding the obligation to take the packaging back, the EU Directive puts the onus on the waste management system, not specifically on manufacturers as is currently the case in Germany. In that respect, the U.S. Department of Commerce has been assured repeatedly by EU officials that U.S. exporters would not be required to take the packaging waste back to the United States. This would be consistent with the EU's "proximity principle."
Companies should note that in 1996 the European Commission drafted a proposal on marking products for recycling/reusability, however the adoption of the proposal has been delayed due to the fact that the ISO intends to propose its own plans for recyclability marking. The ISO proposal is expected to be finished by the end of 1999, if nothing is proposed by this time the EC expects to continue with its own proposed directive in early 2000. Therefore, while there presently is no requirement on these markings, there will be in the near future, therefore U.S. exports should be prepared to put EU Recycling marks on their products.
Electronic Waste
The European Union has now begun to draft proposals for legislation in the field of electronic waste. As with waste legislation in other areas, notably packaging, the impetus for the commission's initiative has come from existing or proposed, Member State legislation. It appears that this will again be true in the electronic waste sector. Currently there are two drafts for the regulation of the disposal of electronic waste: 1) Batteries, Accumulators, and end of Life Vehicles, and 2) Waste from Electrical and Electronic Equipment (WEEE). Both drafts are currently pending legislation. For further information please consult the European Union Commercial Guide 2000.
Eco-labels
The Commission of the European Union has published the first ecological criteria for the award of the eco-label for washing machines, dishwashers, paper towels, toilet paper and soil improving products, as well as other materials designed to help applicants, kitchen rolls, single-ended light bulbs, paints and varnishes. The eco-label scheme, which is voluntary, will apply to all products except food, drink and pharmaceuticals. Council regulation no. 880/92 on a community eco-label award scheme provides for the establishment of ecological criteria for specific product groups to enable verification of the reduced environmental impact of qualifying products, based on analysis of the life cycle for the product, from manufacturing (including choice of raw materials) through distribution, consumption, and use, to disposal after use. The regulations require member states to designate competent bodies to assess applications for the eco-label based on these criteria. Manufacturers or importers in the community may apply for an eco-label only to the competent body or bodies designated by the member state in which the product is manufactured or first marketed, or into which the product is imported from outside the EU.
While currently voluntary, eco-labels may prove to be important marketing tools to consumers, as well as a requirement demanded by EU importers and end-users of American products.
The CE Mark in the European Union
The CE (Conformite European) mark is a European proof of conformity with the essential health, safety, and environmental requirements of the harmonized EU product safety directives. The mark indicates that the manufacturer has satisfied all the assessment procedures specified by law for its products. The CE Mark is not a quality mark and only signifies to surveillance authorities that the product is in compliance with the EU legislation. It is the accompanying declaration of conformity, which provides the details of the directive(s), to which the product complies and the standards that were relied upon in assuring compliance. The EU directives deal with large families of products or horizontal risks such as those addressed in the Electromagnetic Compatibility Directive. The following directives (with reference between brackets) have been adopted and are now enforced:
Low Voltage (73/23/EEC) Simple Pressure Vessels (87/404/EEC) Safety of Toys (87/378/EEC) Construction Products (89/106/EEC) Electromagnetic Compatibility (98/336/EEC) Machine Safety (89/392/EEC) Personal Protection Equipment (89/686/EEC) Non-automatic Weighing machines (90/384/EEC) Active Implantable Medical Devices (90/385/EEC) Gas Appliances (90/396/EEC) Telecommunications Terminal Equipment (91/236/EEC) New Hot-water Boilers (92/42/EEC) Explosives for Civil Uses (93/15/EEC) Medical Devices (93/42/EEC) Equipment for Explosive Atmospheres (94/9/EEC) Recreational Craft (94/25/EEC) In vitro Diagnostic Devices (98/79/EC)Most of the directives above are amended by Directive 93/68/EEC entitled "Rules for the Affixing and Use of the CE Conformity Marking."
For an explanation of the European Union and its governing European Directives (laws) please reference Section II Economic Trends and Outlook, and the European Union Commercial Guide.
Contact Information
For more information on Belgian and EU-wide packaging and labeling laws and on standards, the following are key contacts in the United States and Belgium:
In the United States:
a. Office of European Union and Regional Affairs U.S. Dept. of Commerce Contact: Bob Straetz Tel: (202) 482-4104 Fax: (202) 482-2897 b. National Institute of Standards and Certification Contacts: JoAnne Overman Tel: (301) 975-4037 Fax: (301) 926-1559 c. U.S. Trade Representative for Europe and the Mediterranean USTR Contact: Jim Murphy Tel: (202) 395-3020 Fax: (202) 395-3911 d. Director, Technical Trade Barriers USTR Contact: Suzanne Troje Tel: (202) 395-3063 Fax: (202) 395-3911 e. Office of EU and Regional Affairs, of the International Trade Administration U.S. Dept. of Commerce Contact: Paul Dacher Tel: (202) 482-6008 Fax: (202) 482-2897 In Belgium: f. U.S. Commercial Service U.S. Embassy Contact: George Knowles, SCO Reginald Miller, Commercial Attaché Tel: (322) 508-2425 Fax: (322) 512-6653 g. U.S. Commercial Service U.S. Mission to the European Union Contacts: Kenneth Moorefield, SCO Suzanne Sene, Standards, CE marks Stewart Ballard, Commercial Attaché Tel: (322) 508-2674 or 2755 Fax: (322) 513-1228 h. Belgian Standards Institute Avenue de la Brabançonne, 29 1000 Brussels Contact: Mr. P Croon, Director Tel: 32/2/734-9205 Fax: 32/2/733-4264Additional information is available electronically. The following is a list of useful Web sites:
- European Union server home page: http://europa.eu.int
- Updated list of Open Information Interchange Initiative Standards and Specification List: http://www2.echo.lu/oii/en/oiistand.html
- New Approach Directives reference to harmonized standards:
http://www.EU.be - American National Standards Institute home page: http://www.ansi.org
- US Embassy Belgium website: http://www.us.-embassy.beFree Trade Zones/Warehouses
While Belgium has no free trade zones, it does have bonded warehouses located near the main port of Antwerp and the national airport north of Brussels. In addition, with the authorization of the customs authorities, a U.S. firm may create a private bonded warehouse and thereby delay and even avoid payment of customs duties (in the case of re-exports outside the EU). Goods may remain in such warehouses for up to one year, with duties and VAT payable only upon sale within Belgium or in cases of re-export to other countries within the EU. A bank guarantee and certain reporting requirements are necessary to operate such a facility, and there are other stipulations governing such a warehouse.
Special Import Provisions
Following intensive lobbying from the major plastics, packaging and distribution companies, as well as from trade unions and some consumer groups, the government backed down from applying further eco-tax legislation in 1995. The proposed legislation could have had a powerful impact on production and distribution costs and labor levels. The only eco-taxes currently in force apply to disposable cameras, razors, and batteries.
In 1995, fifty-three companies created FOST PLUS, a non-profit organization designed to address the problem of reducing all forms of packaging waste. FOST PLUS is a not-for-profit organization with 700 members from the distribution and manufacturing sectors. Its purpose is to assist in the enforcement of EU Directive 94/62 on recycling packaging, which, in turn, provides its members a means for avoiding ecotaxes. FOST PLUS gives companies the option to recycle packaging themselves or adhere to FOST PLUS as a substitute. In the case of beverage containers, the alternative for non-recycling is an ecotax of BF 15 (50 cents per bottle or can). As a result, all Belgian beverage manufacturers now adhere to FOST PLUS.
The members of FOST PLUS include producers and importers of packaging, packaging materials and packaged products, distribution companies and federations. It has the task of coordinating the selective collection and sorting of domestic packaging waste in the three regions of Belgium. The aim is to extract value from the waste by recycling it, making use of it to produce other materials or disposing of it in various energy recovery methods. In addition to FOST PLUS, another organization had been established for the purpose of industrial waste reclamation. VAL-I-PAC as established in early 1998, and like FOST PLUS, VAL-I-PAC is responsible for the collection and valorization of industrial packaging waste.
Membership in Free Trade Arrangements
Incorporated into the charter of the European Union is a law modeled on its U.S. counterpart. Basically, any specific legislation not ratified by the EU will be left to the member countries to implement as they see fit. While recent EU legislation does not conflict with what is being brought into law in Belgium, it is important to be aware of impending EU regulations as they may override local Belgian laws.
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[end of document] Note* International Copyright, United States Government, 1998 (or other year of first publication). All rights under foreign copyright laws are reserved. All portions of this publication are protected against any type or form of reproduction, communications to the public and the preparation of adaptations, arrangement and alterations outside the United States. U. S. copyright is not asserted under the U.S. Copyright Law, Title17, United States Code.
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