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Doing Business in Hungary 2010 - International Franchise Association

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June 1 2008, REACH requires chemicals produced or imported <strong>in</strong>to the EU <strong>in</strong> volumes above 1<br />

ton per year to be registered with a central European Chemicals Agency (ECHA), <strong>in</strong>clud<strong>in</strong>g<br />

<strong>in</strong>formation on their properties, uses and safe ways of handl<strong>in</strong>g them. Chemicals pre-registered<br />

before December 1, 2008 benefit from extended registration deadl<strong>in</strong>es, from three to eleven<br />

years depend<strong>in</strong>g on the volume of the substance and its hazard properties. U.S. companies<br />

without a presence <strong>in</strong> Europe cannot register directly and must have their chemicals registered<br />

through their importer or EU-based “Only-representative of non-EU manufacturer”. A list of Only<br />

Representatives can be found on the website of the U.S. Mission to the EU:<br />

http://www.buyusa.gov/europeanunion/reach.html.<br />

US exporters to the EU should carefully consider the REACH “Candidate List” of substances of<br />

very high concern. Substances on that list are subject to communication requirements and may<br />

at a later stage require Authorization for the EU market. For more <strong>in</strong>formation, see the ECHA<br />

website:<br />

http://echa.europa.eu/chem_data/authorisation_process/candidate_list_table_en.asp<br />

WEEE & RoHS:<br />

EU rules on waste electrical and electronic equipment (WEEE), while not requir<strong>in</strong>g specific<br />

customs or import paperwork, may entail a f<strong>in</strong>ancial obligation for U.S. exporters. They require<br />

U.S. exporters to register the products with a national WEEE authority, or arrange for this to be<br />

done by a local partner. Similarly, related rules for EEE restrict<strong>in</strong>g the use of hazardous<br />

substances (RoHS) lead, cadmium, mercury, hexavalent chromium, PBBs, and PBDEs, do not<br />

entail customs or importation paperwork. The WEEE and RoHS Directives are currently be<strong>in</strong>g<br />

revised to enlarge the scope and add substances to be banned <strong>in</strong> electrical and electronic<br />

equipment; the new rules could take effect as early as 2011. U.S. exporters seek<strong>in</strong>g more<br />

<strong>in</strong>formation on WEEE and RoHS regulations should visit:<br />

http://www.buyusa.gov/europeanunion/weee.html<br />

Agricultural Documentation:<br />

Phytosanitary Certificates: Phytosanitary certificates are required for most fresh fruits,<br />

vegetables, and other plant materials.<br />

Sanitary Certificates: For commodities composed of animal products or by-products, EU<br />

countries require that shipments be accompanied by a certificate issued by the competent<br />

authority of the export<strong>in</strong>g country. This applies regardless of whether the product is for human<br />

consumption, for pharmaceutical use, or strictly for non-human use (e.g., veter<strong>in</strong>ary biologicals,<br />

animal feeds, fertilizers, research). The vast majority of these certificates are uniform throughout<br />

the EU, but the harmonization process is not complete. . Dur<strong>in</strong>g this transition period, certa<strong>in</strong><br />

Member State import requirements cont<strong>in</strong>ue to apply. In addition to the legally required EU<br />

health certificates, a number of other certificates are used <strong>in</strong> <strong>in</strong>ternational trade. These<br />

certificates, which may also be harmonized <strong>in</strong> EU legislation, certify orig<strong>in</strong> for customs purposes<br />

and certa<strong>in</strong> quality attributes. Up-to-date <strong>in</strong>formation on harmonized import requirements can be<br />

found at the follow<strong>in</strong>g website:<br />

http://www.fas.usda.gov/posthome/useu/certificates-overview.html<br />

Sanitary Certificates (Fisheries): In April 2006, the European Union declared the U.S. seafood<br />

<strong>in</strong>spection system as equivalent to the European one. Consequently, a specific public health<br />

certificate must accompany U.S. seafood shipments. Commission Decision 2006/199/EC places<br />

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