What legal requirements do I need to meet to export from a European Union country?
La European Union (EU) It is one of the largest economic and commercial powers in the world. With more than 500 million people, its free market economy is based on the Democracy, the welfare state and the protection of fundamental rights.
By GPD, the EU is the second largest economy in the world —second only to the US—and the largest trading bloc in the world.
Is the principal exporter of manufactured goods and services and the oldest Import market for more than 100 countries.
In addition, he has negotiated more than 1.000 trade agreements that regulate the international trade of their companies.
To ensure access to global markets, the EU is one of the main international multilateral treaties and agreements, including:
- General Agreement on Tariffs and Trade (GATT)
- General Agreement on Trade in Services (GATS)
- Trade-Related Intellectual Property Rights Conventions (TRIPS)
- Anti-dumping codes and subsidy agreements
Legal keys to exporting from the EU without risks
La The European Union is a market full of opportunities, But export from an EU country involves complying with strict contractual regulations, internationalization strategies and customs regulation.
Not knowing the applicable rules can lead to contractual disputes, regulatory breaches or international litigation.
In this article, we will address How to carry out export operations from the EU and we will analyze:
- The keys to the European Union's trade policy and its impact on exports.
- Legal strategies for internationalization to minimize risks in international contracts.
- How to avoid international litigation and resolve cross-border commercial disputes.
- Means available to facilitate international trade operations.
if your company wants Expand internationally with legal certainty, it is essential to have well-structured international contracts and design an effective legal strategy to avoid conflicts and ensure regulatory compliance in each market.
Do you need advice on international contracts or internationalization strategies?
EU Trade Policy and its impact on the international expansion of companies
La Trade Policy of the European Union (EU) is a exclusive competence transferred by the Member States to the EU.
This means that only the European Union can legislate and negotiate international trade agreements, ensuring a unique and homogeneous strategy in the opening of markets and the regulation of foreign trade.
Thanks to this policy, the EU is consolidating itself as the world's largest trading power, leading both in exports of goods and services as in attracting foreign direct investment.
Currently, more than 30 million jobs in the EU They depend on trade with countries outside the community bloc, which reinforces their role as a key player in the global economy.
How does EU trade policy affect companies that export?
For companies looking for expand internationally, EU Trade Policy establishes rules and regulations that directly impact:
- International contracts: regulations on international sales, distribution agreements and investment protection.
- Internationalization strategies: market opening, tariff barriers and free trade agreements that facilitate business expansion.
- International litigation and dispute resolution: commercial defense mechanisms in case of contractual conflicts or trade restrictions.
if your company wants export with legal certainty, have a legal advisor expert in international contracts It is essential to avoid risks and maximize opportunities in global markets.
The new EU trade strategy and its impact on international companies
El February 18th 2021, European Commission presented his new business strategy, aligned with the Green Deal and focused on the concept of open strategic autonomy.
The main objective is reduce dependence on foreign countries without falling into protectionism, a key challenge in the current context of global trade.
From a commercial point of view, this strategy seeks to:
- Diversify the value chain to reduce vulnerability to external crises.
- Ensuring a stable trading framework based on clear rules.
- Opening new markets to diversify supply sources.
- Develop cooperative agreements for equitable access to critical supplies.
In other words, the EU wants to strengthen its domestic industry, reducing the need for imports and ensuring their business resilience in the face of international crises.
How does this strategy affect companies that operate internationally?
In addition to strengthening its commercial autonomy, the EU has set out the following key axes:
- reinforcement of the multilateralalism, promoting trade agreements with other countries.
- Boosting digitalization, adapting trade regulations to electronic commerce.
- Promoting sustainability, aligning exports with green policies.
- Reform of the World Trade Organization (WTO), seeking a more efficient framework for the international trade dispute resolution.
- Strengthening strategic alliancesespecially with USA and Africa.
This means that export operations are fully regulated., which implies a high level of complexity in international contracts and the need for a sound legal advice to avoid risks and ensure regulatory compliance.
How to export from the EU in compliance with international legal regulations
La European Union is the largest exporting bloc in the world, so operating in this market represents a great opportunity for internationalization for the companies.
However, export from the EU is subject to specific regulations, technical requirements and international contracts which must be complied with to avoid commercial risks and international litigation.
Below we detail the essential steps for export from an EU country in compliance with international legal regulations:
Incorporating as a company within the EU
The first requirement to export is to be registered as a company or permanent establishment within the European Union.
To do this, it is mandatory to have a commercial registry in the Member State where the company is located.
Obtaining an EORI number
El EORI (Registration and Identification Number of Economic Operators) It is essential for carrying out any export operation within the EU.
This registration must be requested from the competent customs administration of the Member State where the company operates.
Selecting the export destination strategically
La European Union has signed more than 100 preferential trade agreements with different countries and regions. Select a destination that has these agreements reduces or eliminates tariffs and facilitates international transactions.
Verify the viability of export
Before exporting, it is necessary verify that the product can access the target market.
This is done by consulting the TARIC code, which indicates:
- If required export license.
- If they exist specific trade restrictions.
- Additional conditions imposed by the importing country.
Analyze destination restrictions and trade defense measures
Once the product reaches its destination, there may be additional restrictions imposed by the importing country. To avoid problems, it is advisable to:
- Consult with a customs office or the importing partner..
- Review antidumping or safeguard measures, which can affect business costs and viability.
- Analyze additional duties or import taxes that impact the profit margin.
Meet the technical and commercial requirements of the destination country
Each country imposes technical, safety, health and environmental requirements that products must meet in order to be marketed.
Although generally the importer is responsible for these procedures, the exporter must know:
- Labelling and packaging regulations.
- Intellectual Property Regulations to avoid violations.
- Quality certifications required by the target market.
Obtaining Authorized Exporter (EA) status or REX registration
If you export to a country with a preferential trade agreement with the EU, you need one of these records:
- EA (Authorized Exporter Status).
- REX (Registered Exporter).
This allows issue declarations at source and benefit from commercial advantages in the destination market.
Export of dual-use products: Regulation 2021/821
If you export dual-use products (civilians with possible military or nuclear application), you must comply with the Regulation 2021 / 821 of the EU. This establishes:
- Export controls, brokerage and technical assistance.
- Prior authorization requirements for certain goods.
- Penalties for non-compliance with restrictions.
Export with legal certainty and avoid international litigation
Exporting from the EU represents a great business opportunity, but it also implies Legal complexity and contractual risks.
En RRYP GlobalWe offer specialized legal advice in:
- International contracts: Drafting, negotiation and regulatory compliance.
- Legal strategies for internationalization: Market analysis and compliance with trade agreements.
- Litigation and resolution of international commercial disputes: Legal protection against trade barriers and conflicts with importers.
Do you want to export safely and without legal risks?
