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OPEN LINE FOR THE IDENTIFICATION OF PROBLEMS OF SPANISH COMPANIES

IN THE EUROPEAN SINGLE MARKET

PHASE XIV

report on the project results 2017

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INTRODUCTION 3

CONCLUSIONS 7

GOODS TYPES OF PROBLEMS 15 SECTORS 21

Intermediate products 23 Food 25 Capital goods 27 Consumer goods 29 Durable goods 31 Automotive 33 Raw materials 34 Other goods 35 Energy products 36 Chart of obstacles and problems 37

MEMBER STATES 41

France (FR) 43 Germany (DE) 46 United Kingdom (GB) 48 Italy (IT) 50 Sweden (SE) 52 Poland (PL) 53 Belgium (BE) 55 The Netherlands (NL) 56 Lithuania (LT) 57 Finland (FI) 58 Portugal (PT) 59 Hungary (HU) 60 Romania (RO) 61 Latvia (LV) 62 Austria (AT) 63 Greece (EL) 64 Malta (ML) 65 Czech Republic (CZ) 66 Denmark (DK) 67 Slovenia (SI) 68 Croatia (HR) 69 Bulgaria (BG) 70 Ireland (IE) 71 Luxemburg (LU) 72 Slovakia (SK) 73 Cyprus (CY) 74 Estonia (EE) 75 Chart of obstacles and problems 76

AUTONOMOUS COMMUNITIES 79 Valencian Community 81 Castilla y Leon 82 Catalonia 83 Aragon 84 Community of Madrid 85 Basque Country 86 La Rioja 87 Castilla-La Mancha 88 Galicia 89 Extremadura 90 Cantabria 91 Andalusia 92 Murcia Region 93 Navarre 94 Asturias 95 Canary Islands 96 Balearic Islands 97 Chart of obstacles and problems 98

CHARTS

Trade opportunities: - total for companies 101 - by sector and Autonomous Community 102

Satisfaction with the Single Market: - by sector and Autonomous Community 103

SERVICES 107

TYPE OF PROBLEMS 109

SECTORS 110

MEMBER STATES 115

AUTONOMOUS COMMUNITIES 116

CHARTS Trade opportunities:

- total for companies 117 - by sector and Autonomous Community 118

Satisfaction with the Single Market: - by sector and Autonomous Community 119

APPENDICES Letters from the State Secretary for Trade and the President of the CEOE Questionnaires for the identification of problems within the European Single Market

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Open Line – Phase XIV

3

The goal of this report is to present the results of the Open Line project in its 14th Phase. The project was conducted by the Spanish Confederation of Business Organizations (CEOE) in collaboration with the Ministry of Commerce and the Foreign Trade Institute (ICEX) since 1993.

We should recall that the project has two main objectives: 1) to gather information on the main problems hindering the activity of Spanish companies in the European Single Market; and 2) to search for solutions to said problems in collaboration with the relevant national Administrations or European authorities.

This initiative aims to enable Spanish companies to take full advantage of unlimited access to nearly 500 million consumers and more than 20 million companies in the European Union and to see the Single Market as a the platform for expanding towards a more globalized world.

It’s clear that since its inception in 1993, the Single market has become the core of the European Union. Once it came into force, borders were eliminated, enabling goods, services, people and capital to circulate with the same freedom as they do within their own country. However, there are still several areas to complete for this to become fully effective.

The principle of free movement of goods has been a key element in the creation and development of the Single Market. It is one of the four economic freedoms mentioned in Articles 34 to 36 of the Treaty on the Functioning of the European Union (TFEU).

This confers an obligation on States to ensure compliance with this principle, with the exceptions provided for in Article 36 (health protection, animal and plant health, protection of artistic heritage, etc.), provided that the application of said exceptions is not discriminatory or constitutes a disguised restriction on trade.

The Single Market is a living entity, requiring, on the one hand, constant adaptation and renewal and, on the other hand, not to be threatened by national protectionism. A joint effort between the EU and the Member States is being made with the aim of developing its full potential so that consumers and businesses may be able to benefit from all the advantages it offers. It should be borne in mind that the Member States are responsible for transposing European standards in a timely and correct manner.

Following its almost twenty-five years of existence, we can say that the Single Market works according to the parameters for which it was created, and that Spanish companies have benefited actively. However, despite all the associated benefits and the wide progress that has been made in its integration and functioning, there are still some obstacles that restrict the free circulation of both, goods and services, as described throughout the present report.

The services sector is not as integrated as the goods market, despite the fact that in December 2006 the European Commission published a Directive 2006/123, on the services sector in the Internal Market. The purpose of this Directive was to eliminate the problems and obstacles that unjustifiably restrict free access to and free exercise of a service activity, by simplifying red tape and procedures and promoting a single window in each Member State for access to information and electronic processing.

In addition, this Directive1 involves the improvement and supervision of providers through cooperation between administrations, strengthening consumer protection and rights, as well as the achievement of a Single Market for Services. The proper functioning of the Single Market has clearly contributed to the economic and

1 This directive was transposed into the Spanish legal system through Law 17/2009, dated November 23, on the free access

to and free exercise of a service activity.

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Open Line – Phase XIV

4

social progress of a united Europe, and more so at the present time, when the global context is characterized by great uncertainty and a surge in protectionism. Moreover, it will prevent the common market from fragmenting, a fact that would have a negative impact on the competitiveness of SMEs, which make up the majority of the Spanish business network.

On the other hand, we should take into account that of the ten largest importers of services in the world, six (not including Spain) are Member States of the European Union. This fact gives European companies a competitive advantage that they should take advantage of.

Phase XIV In this fourteenth phase, we have worked with a universe of 10,000 companies representative of each of the sectors, in goods and in services, extending throughout all the Spanish Autonomous Communities. The database was provided by the ICEX.

This new stage introduces two changes; the first one, the new classification of the economic sectors to confer uniformity with the statistics on foreign trade from the Ministry of Economy, Industry and Competitiveness; and the second, a greater degree of response from Spanish companies, especially those that export services.

The commercial obstacles detected and considered to be in violation of any Single Market rule are being studied and dealt with by the Ministry of Commerce. This project was conducted in collaboration with the Spanish Economic and Trade Offices in the different EU Member States. The aim is to assess the obstacles and find possible solutions to the different problems faced by Spanish companies in these markets.

On the other hand, it is worth noting that not all complaints reported by the Spanish companies have the same significance or importance. Throughout the report, problems are classified into three categories, according their severity:

Trade obstacles: Mandatory compliance measures in the destination Member State markets that constitute a breach of the rules governing the European Union’s Internal Market.

Problems: Those measures required by the markets of the destination countries, which, despite not being a breach of Single Market regulations, constitute a significant obstacle for trade or place the Spanish exporting company at a disadvantage compared to its EU customer. Frequently recurring difficulties are also included in this category.

Difficulties: Problems of lesser significance but that make business dealings more complex than if the company was operating in the national market.

A description of the problems encountered by the companies interviewed is included in the different sections of the report.

This report includes a summary of the obstacles encountered and not the individual reports of each one of the companies interviewed. It should be clearly stated that the description of the problems encountered is a summarised version of the terms used and allegations made by the companies consulted.

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Goods and services Open Line – Phase XIV

7

Spain’s exporting sector is playing a key role in the current economic recovery phase. This is supported by several facts:

1. Exports of goods in 2016 returned to their historical high, amounting to €254.53 billion. They also outperformed exports from the Eurozone as a whole and from the European Union.

2. The foreign sector made a positive contribution to GDP growth in 2016.

3. Since Democracy was reinstated in Spain, this is the first time that the Spanish economy registers an external surplus with a 3% rate of growth. This happened in 2015 and 2016.

4. The positive current account balance posted by the Spanish economy since 2013 may be explained, among other factors, by the balance surplus in non-tourism services, which, since 2009, has been increasing and has stabilized at around 1.2% of GDP in recent years.

For Spain, the European Union is the main destination of goods and services, with a share of 66.3% in 2016. It is, therefore, essential for our companies to be able to conduct their export activity in the Single Market with the maximum assurance that the principle of free movement of goods shall be complied with and that the Directive on services in the internal market shall be applied. That is why the Open Line project studies the problems of Spanish companies that export goods and services to the European Union, in order to find solutions in collaboration with the relevant national Administrations or European authorities. In this fourteenth phase, we have worked with a universe of 10,000 companies representative of each of the sectors, in goods and in services, extending throughout all the Spanish Autonomous Communities. The database was provided by the ICEX. This new stage introduces two changes; the first one, the new classification of the economic sectors to confer uniformity with the statistics on foreign trade from the Ministry of Economy, Industry and Competitiveness; and the second, a greater degree of response from Spanish companies, especially those that export services. From the analysis of the answers obtained, which are detailed throughout the report, the following conclusions are drawn.

Goods:

1. Of the 900 companies interviewed, 153 experienced 430 hurdles that affected intra-Community trade for their products. This means that only 17% of the companies interviewed came across some problem in its exporting activity. These hurdles have been divided into 71 trade obstacles2, 212 problems and 147 difficulties, which means that 1 in 8 companies came across problems and 1 in 23 companies experienced trade obstacles within the Single Market.

2 Please see definition of trade obstacle, problem and difficulty on page 4.

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Open Line – Phase XIV Goods and Services

8

2. The trade obstacles most often mentioned by Spanish companies relate to technical standards. This kind of obstacle represents more than 70% of all the obstacles detected, with the ones that stand out the most being those that refer to the lack of harmonization, which forces the company to comply with rules in each of the Member States to which the product is directed, and those derived from the lack of recognition of the certificates or standardization approvals granted in Spain.

3. Obstacles related to the containers and packaging are the second most important ones,

accounting for almost 15% of the total number of obstacles, all of them due to the lack of harmonization in the labelling of certain products.

4. The sectors with the greatest number of obstacles are: Intermediate products (36.6%),

Food (19.7%), Capital goods (18.3%), Consumer goods (16.9%) and Durable goods (7%). In total, they account for 98.5% of all encountered obstacles.

5. Obstacles mentioned by companies are mainly concentrated in those States to which most

Spanish products are directed: France (45.1%), Germany (18.3%), United Kingdom (7%), Italy (5.6%) and Sweden (4.2%). These five States account for more than 80% of all the obstacles mentioned.

6. The Spanish companies that have reported most obstacles are located in the Valencian

Community (21.1%), Castilla y Leon (14.1%), Catalonia (11.3%), Aragon (11.3%) and Madrid (9%). Among the five, they account for almost 68% of all obstacles.

7. 73% of the companies interviewed believe that their business opportunities within the European Union have increased, mainly due to their search for opportunities outside of Spain.

8. The most important problems for Spanish companies are related to the technical

requirements demanded by customers or distributors at the destination countries, which go beyond the EU legislation requirements. In this regard, in this phase as well as in prior phases we have seen a growing number of problems caused by the proliferation of demands to comply with private technical requirements that, although unrelated to the functioning of the Single Market, have a much more damaging effect for companies than the actual regulations in the Member States.

In second place, we find problems related to delays in payments and, in third, those related to administrative and fiscal restrictions.

Services: 1. Of the 500 companies interviewed, 34 found some hurdle in the provision of their services

within the Internal Market. This can be interpreted as a sign of the Market’s proper functioning, taking into account that they represent only 7% of all the companies interviewed. In total, we’ve identified 123 hurdles, divided into 16 trade obstacles, 61 problems and 46 difficulties, which means that 1 in every 21 companies mentions problems and 1 in every 69 companies have come across trade obstacles.

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Goods and services Open Line – Phase XIV

9

2. The main trade obstacles mentioned by the companies interviewed are related to the free provision of services, representing more than 62% of the total obstacles.

3. In second place we find those related to the freedom of establishment, with a 25% of the

total trade obstacles.

4. The sectors with the highest number of trade obstacles are: Construction services (31.3%), Environmental services (31.3%) and Equipment installation and maintenance services (18.8%).

5. Half of the trading obstacles are concentrated in those Member states with the highest

weight for our country, namely Germany and France, both with a 25% share. 6. The Spanish companies that have reported the most obstacles belong to the Community of

Madrid (65.6%), which concentrates the large exporters of services. 7. 79.4% of the companies interviewed believe that business opportunities within the

European Union have increased, mainly due to the search for opportunities outside of Spain and the changes in their company’s trade policy.

8. The most common problems are related to the free provision of services, technical

requirements, payment delays, and the requirement of having to have a bank account in the destination country.

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Goods Open Line – Phase XIV

15

In the exporting of goods, we’ve interviewed 900 companies in Phase 14 of the Open Line project. Of these, 153 pointed out having had some hurdle in their dealings with the European Single Market. These Spanish companies have found 430 hurdles, of which 71 are trade obstacles, 212 are problems and 147 are difficulties.

The trade obstacles that pose the most hurdles for Spanish companies are related to technical standards3 and account for

3 Technical standards are official or private technical

specifications that define the features required for a product, such as its composition (level of quality or ownership of use, operation features, safety, size, etc.), its presentation or the trials and trial methods within the framework of the conformity evaluation procedures.

more than 70% of all the obstacles encountered. Among them, the most numerous refer to the lack of harmonization, which forces the company to comply with rules in each of the Member States, and those derived from the lack of recognition of the certificates or standardization approvals granted in Spain. In order to avoid this last kind of hurdle, States must apply the principle of mutual recognition, conveying to their companies the necessary trust in procedures implemented in other Member States, and avoiding non-respectful practices that favour protectionism. In second place in terms of number of obstacles, we find hurdles relative to the containers and packaging, all of them due to the lack of harmonization in the labelling of certain products. In third place, Spanish companies have found problems to access public markets, as well as administrative and tax hurdles. Among the problems encountered by our companies, it is also worth highlighting as most frequent those related to technical standards and, secondly, those related to trading contracts and transactions, especially those referring to delayed payments. The problem with default payments is serious, since it leads to a reduction of the company’s liquidity and complicates, in turn, its financial management, hence reducing competitiveness. We have to bear in mind that delinquency is economically beneficial to the debtors because of the low interest rates applied in the event of default, without even taking into account the numerous cases in which the SME prefers not to lose the client than to demand such interests. However, this situation causes debtors to have less motivation to pay in a timely manner.

Trade obstacles: Mandatory compliance measures in the destination Member State markets that constitute a breach of the rules governing the European Union’s Internal Market.

Problems: Those measures required by the markets of the destination countries, which, despite not being a breach of Single Market regulations, constitute a significant obstacle for trade or place the Spanish exporting company at a disadvantage compared to its EU customer. Frequently recurring difficulties are also included in this category. Difficulties: Problems of lesser significance but that make business dealings more complex than if the company was operating in the national market.

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Open Line – Phase XIV Goods

16

Thirdly, we find obstacles related to administrative and fiscal procedures. In this chapter, the most frequent type of hurdle refers to delays in refunds of VAT paid in another Member state, and the obligation of registering products again at the destination market. With regards to difficulties, the following stand out:

Technical impositions, required by customers.

Customer requirements regarding containers and packaging and their recycling.

Default payments and payment systems.

Opening of bank accounts at the destination country.

• Public tenders.

The main developments that could affect the Single Market are described below.

BREXIT Following the victory through Referendum (held on June 16, 2016) of the UK’s exit from the EU, Article 50 of the EU Treaty, which establishes the conditions for the exit of a Member state, will foreseeably be activated during 2017. The UK’s exit shall become effective when the Council adopts the agreement reached or, by default, after two years (which is the period set in Article 50 if no extension is granted). In the meantime, it will continue to be a member of the European Union and will continue to apply the acquis communautaire. The deadline for negotiating the exit under this article is two years, starting at the time in which this Member State formally notifies of its decision to leave the EU. One of the goals of the British government when negotiating the terms of exit from the EU in the trading field is to reach a broad and ambitious association agreement with the EU. In this way, it would procure the widest possible access to the European internal market, since the UK’s exit form the EU implies abandoning this market as well as the Customs Union.

CHANGES IN PUBLIC TENDER REGULATIONS The Directives published in 2014, 2014/23/EU on concession contracts, 2014/24 / EU on public procurement and 2014/25 / EU on contracting by entities operating in the water, energy, transport and postal services sectors, were transposed in April 2016. This regulation seeks the following goals: Modernization of the public procurement system; Greater efficiency; Simplification of procedures; Generalization of the use of electronic contracting; Opening of contracting to SMEs and Transparency. Thanks to these new Directives, the public market will be more efficient with smart regulation and greater progress in digitization. The public tender package also contributes to the Better Regulation agenda. Existing standards have been simplified, increasing the efficiency of Europe's public tender system.

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Goods Open Line – Phase XIV

17

VAT

In the Digital Single Market Strategy, the Commission announced a legislative measure to simplify VAT requirements to help cross-border transactions and, in particular, operations by small e-commerce enterprises. In addition, as part of its action plan for a fraud-proof VAT system, the Commission presented a comprehensive package of simplification measures for SMEs, with the aim o reducing the administrative burden suffered by these types of companies. This is a fundamental measure to enable their growth, since it will allow them to access cross-border trade.

The most important measures are:

The elimination of barriers posed by VAT for cross-border trade through the online single-window option. It is the extension of the system that already exists for the electronic services special scheme. Entry into force is expected in 2021.

Simplification of VAT rules for micro-enterprises and emerging companies. On the one hand, it modifies the scheme for distance sales, setting a threshold of € 10,000, below which companies with cross-border sales can continue to apply the VAT regime of their country of origin. On the other hand, for companies with profits under €100,000, simplified rules for locating VAT transactions are established. These thresholds could become effective in 2018.

Elimination of VAT exemptions in the import of goods under €22, due to the market distortions and opportunities for fraud they generate. Entry into force is expected in 2021.

Unification of criteria for tax rates for printed and digital publications, so that the latter can also be taxed at reduced rates.

MINIMUM WAGE: ROAD TRANSPORT IN FRANCE AND GERMANY

In 2015, France adopted a law on the application of the French minimum wage to the transport sector, whereby the minimum wage was applicable to coastal trade and to all international transport operations (excluding transit).

On April 7, 2016, it adopted the Execution Act, which established strict application and administrative requirements, including the obligation to have a representative in French territory, who would be responsible for maintaining activity records and payroll of posted staff for control purposes during the 18 months following the date of the last post. This measure entered into force on 1 July 2016.

On the other hand, in Germany, the Minimum Wage Act entered into force on 1 January 2015, also applicable to foreign companies conducting activity in this country. Thus, transport companies have the obligation to make notifications to the German customs authorities through specific procedures. The sanctions for breach of these notification obligations can amount to up to € 30,000 and go as high as € 500,000 if the wages paid do not comply with German law.

The European Commission must ensure that the implementation of national measures is fully compatible with the EU. These include Directive 96/71 on the posting of workers within the framework of the provision of services, Directive 2014/67, which should have been transposed before 18 June 2016, existing transport legislation and the principle of freedom to provide services and the free movement of goods, without forgetting the principle of proportionality.

The Commission, therefore, took legal action on June 16, 2016, against France and Germany on the basis of the consequences of the application of their respective minimum wage rules for the transport sector.

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Open Line – Phase XIV Goods

18

CHART OF TRADING OBSTACLES

CHART OF PROBLEMS AND DIFFICULTIES

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Goods Open Line – Phase XIV

21

Spanish exports of goods reached a new historical high in 2016, amounting to €254.53 billion. This evolution, coupled with a slight decrease in imports (0.4%), has allowed for a reduction of the trade deficit by 22.4% in comparison to 2015, achieving the second best trade balance since 1997. In addition, it should be noted that the number of companies regularly exporting increased by 4.2 %, up to 50,000. This increase was concentrated in the capital goods, cars, food and beverage and tobacco sectors. However, the trading of goods continues to find hurdles in the European Union, as highlighted in the Open Line Project. This chapter of the Project is focused on identifying those obstacles by productive sectors. The classification criteria for economic sectors are those used by the Ministry of Economy, Industry and Competitiveness in its foreign trade statistics:

1. Food 2. Energy products 3. Raw materials 4. Intermediate goods

5. Capital goods 6. Automotive sector 7. Durable goods 8. Consumer goods 9. Other (goods not included in the

previous sectors) In order to quantify the hurdles detected, each restriction is considered as many times as the Member State in which it is identified, even though there may be one sole company reporting it. Thus, if a company reports, for example, payment delays in Portugal, the United Kingdom and France, these would be counted as three different problems. This is a more accurate and representative way of quantifying the hurdles encountered by companies. The sectors where the majority of hurdles– classified into trade obstacles, problems and difficulties - were found are: intermediate goods, food, capital goods, consumer goods and durable goods. In addition, trade obstacles are concentrated in the same five sectors as depicted in the following graph:

98.5% Intermediate

goods

(36.6%)

Food

(19.7%)

Capital Goods

(18.3%)

Consumer goods

(16.9%)

Durable goods (7%)

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Open Line – Phase XIV Goods

22

As may be seen in the graph below, there is some correspondence between the importance of the sector within total Spanish exports and the hurdles found, with this correlation being closest in the food and capital goods sectors. Meanwhile, it is worth noting the few obstacles that the automotive sector finds in EU trade in relation to its weight in total exports. On the other hand, the intermediate goods sector stands out for its degree of hurdle concentration when it comes to conducting its exporting activity, which is larger than its weight in total Spanish exports. Likewise, consumer goods, both durable goods and textile and footwear, encounter a higher percentage of export hurdles than their corresponding share.

On the other hand, the sectors of energy products, raw materials and other goods have not come across any commercial obstacles or problems. The following is a description of the trade obstacles and problems reported by companies in each sector, firstly, looking at the number of trade obstacles, so that appearing in first place is the sector that encountered the most obstacles, and so on and so forth. Foreign trade data reflected in the trade balance graphs for each sector is final except for data for 2016 (preliminary estimate), and the source is DataComex.

Exports by sector (share) and % of hurdles encountered Year 2016

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Goods Open Line – Phase XIV

23

13

8 H

urd

les

26 trading obstacles

36.6%

Doors: they require for all home doors to be fireproof, in compliance with new building regulations. (GB)

Containers for pyrotechnic artefacts: they are required to comply with the national regulation on pyrotechnic articles. (FR, DE)

Fertilizers: lack of harmonization in organic fertilizers. (PT, HU,LV, LT)

Health products: differences in the transposition of the Directives regarding these products. (DE, FR)

Varnish, paint: Certifications on fireproof quality obtained in Spain are not accepted. (FR, PL)

Plastic bags: each MS has certain tolerances and technical parameters, according to use. (FR, SE)

Tubular metal structures: they are required to comply with the specific safety regulations regarding dimensions, quality and resistance of materials. (FR)

They are required to comply with national regulations on construction of industrial facilities. (FR)

Metal doors: they are required to comply with national regulations on metal fire doors. (DE, FR, IT)

Sanitary fittings: they are required to certify compliance with the ACS (health surveillance) standard. (FR)

Perfumery: they are required to register again and obtain a permit and license for perfumery products. (FR)

Ingredients for pharmaceutical and nutraceutical sectors: lack of harmonization relative to ingredients with new active ingredients. (FR,IT)

Pipes: to be able to install them they require them to have a subsidiary. (DE)

Cosmetics: They are required to remove a component not allowed in the MS. (RO)

Low voltage cables: lack of harmonization. (FR, GB)

72 problems

34%

39 difficulties

26.5%

INTERMEDIATE GOODS

This sector’s balance (which includes chemicals, construction materials, metals, paper, etc.) has narrowed its trade deficit in 2016 due to the growth in exports (1.2%) and the decrease in imports (10.4%), increasing its coverage rate to 90.5%.

Trade balance for intermediate goods

Hurdles encountered in its export activity

Coverage %

2012 91.8

2013 92.0

2014 88.9

2015 88.0

2016 90.5

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13

8 H

urd

les

26 trade obstacles

36.6%

72 problems

34%

Pharmaceuticals: they don't accept the GMP (Good Manufacturer Practice) certificate issued in Spain. (PL)

Wooden doors: they are required to comply with British Standards for fire doors. (GB)

Wooden windows: they don't accept certifications issued in Spain, they have to be local. (FR)

Paints: crematories require a German emission certification for coffin varnishes. (DE)

Coloured papers for printing: they don't accept certifications issued in Spain. (DE)

Precast concrete products: they are required to comply with the national legislation on the product. (GB, IT, NL)

They are required to comply with national regulations regarding individual protection equipment. (GB)

Metallurgical products: they are required AVIS TECHNIQUE certification and for tests to be certified by the official institution CSTB. (FR)

Varnishes: they are required to re-register the biocides in paints. (PT, PL, SE)

Plastic coils: they don't accept Spanish certifications. (DE)

Insecticides: non-existence of a unique European registry for these products (FR, PT, IT)

Drugs: to sell they are required to have a pharmacist registered in the official school in the MS. (FR)

Accessories for plastic pipes: they are required to comply with national NF standards on fire retardant material. (FR)

Tiles. Tubular metal structures. Metal doors. Pipes: they don't accept tests conducted in Spain, they must pass new tests. (FR, IT, DE)

Sanitary fittings. Ceramic floors. Electric material. Low voltage cables: they don't accept Spanish certifications. (DE)

Insecticides: non-existence of a certifications issued by AENOR. (FR, DE, NL, GB)

Thermosetting powder paints: they require them to comply with their national regulations and new tests. (GB, FR, DE)

Detergents: they are required to register at destination. (PT)

Ingredients for pharmaceutical and nutraceutical sectors: they are required additional analyses of the new active ingredients. (FR,IT)

Pipes: they are required a certification that is only granted to installing companies, but without it they can´t sell. (DE, AT)

Metallic structures: delays in the recovery of VAT. (FR)

Fire doors: mandatory tests that are not mandatory in Spain - opening and closing cycles-. (DE, GB, IT, BE, LT, PL)

Wooden doors. Enamels, frits. Containers for pyrotechnic artefacts. Steel casting parts. Plastic bags. Paints. Pipes. Reagents. Equipment for detecting optical devices. Coloured papers for printing. Metallurgical products. Plastic coils. Sanitary fittings

Delays in payment. (ML, DE, PT, IT, FR, EL, LU, GB, NL)

39 difficulties

26.5%

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FOOD The positive trade balance in this sector continued to widen in 2016, reaching €14.2792 billion. The upward trend in exports, which continued to increase in 2016 (at a rate of 3.8%), explains this favourable result. The coverage rate exceeds 180% yet another year. Trade balance for Food

Hurdles encountered in its export activity

Coverage %

2012 166.3

2013 177.9

2014 176.7

2015 180.3

2016 180.7

94

Hu

rdle

s

14 trade obstacles

19.7%

Canned vegetables. Jams. Preserves. Olives and pickles: French regulations forbid the use of bisphenol A in packaging, in the other Member States it is allowed. (FR)

Jams: they are required to comply with strict levels of potassium chlorides, 0.01mg. (DE)

Industrial bakery: they require for the labelling to comply with British regulation, which requires the specification of the weight per unit, instead of the net weight. (GB)

Jerez wines. Rioja wines: they are required to add on the label the logo of a pregnant woman crossed out. (FR, NL)

Rioja wines. Cavas: the state monopoly does not allow them to sell in these member states. (SE, FI)

49 problems

23.1%

31 difficulties

21.1%

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94

Hu

rdle

s

14 trade obstacles

19.7%

49 problems

23.1%

Jams: Directive on jams does not contemplate jam as a product, which is, however, regulated in Spain. This fact causes their clients to reject the product. (ML)

They cannot access public contracts if they do not have a local partner. (IT)

Frozen fish: they are required a test to detect anisakis, something that is not required in Spain (RO)

Lack of synchronization of registration data for intra-EU VAT. (PL)

Spices: customers are requiring compliance with the Directive on the limits of aromatic polyphenols in paprika. (FR)

Cavas: they are required to place a banner with the tax payment. (AT, PL)

Olives and pickles: differences in the prohibitions or authorizations of chemical substances in foods (E621 and E635). (FR, PL)

Biscuits: the presence of certain sweeteners is not allowed, whereas in Spain they are. (DK)

They are not allowed to hire staff without a subsidiary. (GB)

Extra virgin olive oil: they require new ecological certifications obtained at destination. (FR)

Industrial bakery they do not accept the certificates obtained in Spain. (FR)

Mineral water: differences in allowed truck load weights. (IT, GB)

Sponge cakes: they don't allow for sponge cakes to include fresh eggs, they must be in powder form. (PL, RO, BG)

They require individually packaging and packed in protective atmospheres (mono layer, opaque and metallized). (GB)

Packaged honey: they have not transposed the Labelling Directive and require MS to specify where the honeys used for the mixture come from. (EL, IT)

Compound feedingstuffs for race horses: the Community rules for compound feedingstuffs mark an expiry date of 6 months. However, the shelf life is one year for feedlot animals. Competitors label without specifying the destination of the feed, so they use the expiration of one year. (FR, GB)

Lack of harmonization in the weights allowed for the transport by road. (FR)

Vegetarian products: they do not accept the VEG certification of the Spanish Vegetarian Union. (FR, DE)

Honey, pollen, propolis: lack of harmonization of the obligation for all companies to have a VIES code. (GB)

Citrus fruits, vegetables: delays in VAT recovery. (HU)

They are required to declare the goods transported and their value through the EKAER system. (HU)

Wines. Cavas. Canned vegetables. Pureed fruit. Industrial bakery. Tea biscuits. Frozen fish. Spices. Horchata. Tomatoes: delays in payments. (IE, BE, IT, GB, SE, FR, PT, PL)

31 difficulties

21.1%

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CAPITAL GOODS

The significant rebound of company investment in Spain in 2015 and 2016 boosted the imports of capital goods, which is why, despite the favourable evolution of exports, the trade deficit remains high. However, the coverage ratio improved in 2016, exceeding 81%. Trade balance for Capital Goods

Hurdles encountered in its export activity

Coverage %

2012 94.1

2013 98.4

2014 91.1

2015 78.8

2016 81.3

81

Hu

rdle

s

13 trade obstacles

18,3%

Special mobile units: they do not allow rigid vehicles of larger than 12m other than buses, although they are homologated, registered and circulating in Spain. (FR)

Tanker trucks: they are required to type-approve the tanker trucks again to enable them to transport ADR loads, they do not accept the Spanish type-approval. (DE, NL)

Concrete trucks: the Directive on motor vehicles and the transport of concrete goods has been transposed differently in each Member State (FR, IT)

They are required to comply with their regulations, different to the Spanish ones in terms of dimensions, gauges, bumper distance criteria. (FR)

Vehicle certifications obtained in Spain are not accepted. (FR, IT)

Conveyor belts: they are required to comply with the British Standard. (GB)

Rolling stock: lack of harmonization in the homologation of railway vehicles, differences in fire and fumes tests, which force to pass tests again in local laboratories. (DE, FR)

Metal towers for electrical laying: they are required to comply with their national regulations, in relation to materials, welding and qualities, which are different to the Spanish regulations.(DE, BE)

40 problems

18.9%

28 difficulties

19.1%

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28

81

Hu

rdle

s

13 trade obstacles

18.3%

40 problems

18.9%

Special mobile units, display trailers: lack of harmonization with regard to allowed height measures for display trailers and special mobile units. (FR)

Hand tools: lack of harmonization on the labelling of industrial products. (DE)

Roller chains: they are required to declared the goods being transported and their value through the EKAER system. (HU)

Elevators: they are required to obtain new certifications validated by local bodies. (DE)

Rubber metal elements for railway: they do not accept the Spanish type-approval. (FR)

They are forced to meet their requirements, such as for rubber cushions to be fireproof. (FR)

Concrete trucks: they are required to comply with their national regulations, which are different to the Spanish ones in terms of the weight of the load to be transported. (IT)

Conveyor belts: Delays in VAT recovery. (RO)

Lab centrifuges: the local manufacturer does not need to get approval of its machinery to be able to access public tenders, however, the Spanish company does. (PL)

Rolling stock: they are required to pass the type-approval tests again in order to obtain circulation permits. (FR, DE)

They are required to have a bank account at a local bank. (FR)

Metal towers for electrical laying: they are required to pass new tests once the material is welded, which implies that this can only be done at destination. (DE, BE)

Lab instruments: They are required to have a bank account at a local bank (IT)

Sharpening of drills, milling cutters: they do not accept the certificate of conformity for the electrical systems and safety circuits of the hydraulic threads, obtained in Spain. (DE)

Beach cleaning machines: they are required to type-approve and register their trailers again. (PT)

Professional beauty equipment: they do not accept certifications obtained in Spain. (DE, GB)

Lack of harmonization of the requirement to have a VIES code for all companies. (FR, IT, GB)

Machinery for dental laboratories. Roller chains. Semitrailers. Machinery for construction. Marine machinery. Equipment for institutions. Conveyor belts. Laboratory centrifuges. Lifts. Metallic towers for electrical laying. Rollers: delays in payments. (FR, DE, GB, LT, PL, SI, BE, IT, BE, PT)

28 difficulties

19.1%

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CONSUMER GOODS This sector (which includes textiles, footwear, toys, jewellery, household goods) posted a positive trade balance as a result of exports that continued to increase at a high rate in 2016 (8.8%). The coverage rate also increased to 129.1%. Trade balance for Consumer goods

Hurdles encountered in its export activity

Coverage %

2012 123,9

2013 132,6

2014 128,8

2015 128,3

2016 129,1

58

Hu

rdle

s

12 trade obstacles

16.9%

Security seals: the tax payment stamp , printed on the capsule, can only be made in France, so they have to have a factory at destination. (FR)

Signalling and beacons: they are required to comply with NF regulations. (FR)

Inks for graphic arts: the lack of harmonization means they are required to notify of the chemical compositions of the inks in each MS. (LT,FR,PL,DE)

Honey Comb aluminium panel: they do not accept the Spanish building certifications, the Technical Suitability Document (DIT) and they require a certificate issued by the CSTB. (FR)

Alarms: they are required to comply with national legislation regarding electrical issues. (BE, DE)

Air fresheners: they require them to adapt the chemical formula to their national regulations. (FR)

Household goods: differences in the transposition of the directives relating to material in contact with food. The migration of materials is allowed in 10 mg, while in France the limit is set at 5 mg. (FR, DE)

23 problems

10.9%

21 difficulties

14.3%

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58

Hu

rdle

s

12 trade obstacles

16.9%

23 problems

10.9%

Decorated frames:

Lack of harmonization on the obligation to have a VIES code for all companies. (GB, PL)

They are required to open a bank account at destination. (GB)

Security seals:

It is compulsory for wine-capping capsules to be stamped with the alcohol tax-payment stamp, otherwise capsules cannot be sold in this Member State. (FR)

Machining and turning:

Lack of harmonization on the obligation to have a VIES code for all companies. (PL)

Switches and switch-gear:

They require certificates related to certain levels of temperature and humidity in the electricity distribution boards, different from those required in Spain. (DE)

They require for distribution boards to be fireproof. (PL)

Road signalling and marking:

They do not accept the Spanish certifications, they must pass new tests in local laboratories. (FR)

Inks for graphic arts:

They are require to declare the merchandise carried and its value, by the EKAER system. (HU)

Honey Comb aluminium panel :

Delays in the recovery of VAT. (DE, FR)

They are required to have a bank account at a local bank. (DE)

Footwear:

They do not accept the Spanish certifications, since in Spain the footwear's lining fabric may contain chromium below 3 points, but in these Member States this substance is prohibited. (FR, DE)

Toys:

They do not accept the certifications obtained in Spain. (FR)

Household items:

Quality certifications obtained in Spain are not accepted by their clients and they are required to pass new tests in local laboratories. (FR)

Bike and motorcycle accessories. Signalling and marking of roads. Air fresheners. Home furniture. Textile for home decoration. Professional footwear:

Delays in payments (IT, PT, FR, EL)

21 difficulties

14.3%

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DURABLE GOODS This sector (which includes appliances, consumer electronics, furniture) increased its negative trade balance in 2016 due to the continued increase in imports, in turn explained by the notable recovery in Spain’s family consumption figures. Therefore, the coverage rate dropped to 68.1%. Trade balance for Durable goods

Hurdles encountered in its export activity

Coverage %

2012 77.0

2013 73.8

2014 61.6

2015 68.7

2016 68.1

39

Hu

rdle

s

5 trade obstacles

7%

Metal doors: they are required to comply with TÜV standards and obtain new certifications for industrial doors. (DE)

Due to their national construction regulations, they do not accept the UNE standard on doors for residential use, which means that they must pass tests again at their destination. (FR)

Optical fibre: they are required to comply with national standards regarding material safety and fire resistance, different to those required in Spain. (DE, FR, GB) 17 problems

8%

17 difficulties

11.6%

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39

Hu

rdle

s

5 trade obstacles

7%

17 problems

8%

Scales, sphygmomanometers:

They do not accept the certifications obtained in Spain, they require them to pass tests in local laboratories. (IT)

They require them to have a bank account at a local bank. (IT)

Security software:

In order to be able to access public tenders, they are required to have a bank account in that Member State. (DE)

Wooden furniture:

They are required to comply with DIN standards. (DE)

Upholstered furniture:

The highway toll makes the product more expensive and they cannot compete. (DE, AT, NL)

Optical fibre:

They are imposed technical requirements for mooring loads, different from those used in other Member States. (DE)

Software for process control:

They have been required to have a subsidiary in that Member State and to open a bank account in order to be able to sell. (NL)

Scales, sphygmomanometers. Bathroom furniture. Wooden furniture. Upholstered furniture:

Delays in payments. (IT, PT, NL, DE AT, BE)

17 difficulties

11.6%

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AUTOMOTIVE SECTOR

The automotive sector increased its trade surplus for the second consecutive year due to the strength of the exports in 2016 (7.7%), compared to the more moderate behaviour of imports. The coverage rate increased again in 2016 to 116.5%. Trade balance for Automotive

Hurdles encountered in its export activity

Coverage %

2012 116.1

2013 110.9

2014 103.4

2015 110.5

2016 116.5

21

Hu

rdle

s

1 trade obstacle

1.4%

Car accessories: the lack of harmonization related to the sign for use of chains forces to label the product again. (FR)

11 problems

5.2%

Luggage carriers: They do not accept the certifications obtained in Spain. (CZ)

Special vehicles, cranes: they require them to be established to perform the maintenance of their vehicles. In order to be an intra-Community operator, they are required to be registered in the Member State. (FR)

They do not accept the certifications obtained in Spain. (FR)

Plastic motorcycle accessories: they require KBA certification, which can only be obtained through TÜV certification bodies. (DE)

Automotive parts: they do not accept the homologation tests they already have and require them to pass new tests in local laboratories. (PL, DE)

Car accessories: they are required to have a bank account at a local bank. (PT)

Automobile and motorcycle instrumentation. Printed footboard. Accessories for motorcycle: delays in payments. (IT)

8 difficulties

5.4%

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2 H

urd

les

2 difficulties

1.4%

RAW MATERIALS The Spanish economy is an importer of raw materials, hence its deficit balance. In 2016, this negative balance was lower due to a decrease in imports, which reach their lowest level for the past five years. Trade balance for Raw Materials

Hurdles encountered in its export activity

Coverage %

2012 85.1

2013 93.5

2014 92.3

2015 81.4

2016 86.1

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1 H

urd

le

1 difficulty

0.7%

OTHER GOODS

This sector posted a high trade surplus, with a coverage rate of 220.2%. However, this ratio has been declining due to the notable recovery of imports. Trade balance for Other Goods

Hurdles encountered in its export activity

Coverage %

2012 170.2

2013 335.4

2014 313.3

2015 254.3

2016 220.2

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ENERGY PRODUCTS Energy products have had a positive balance since 2013, a figure that widened in 2016 due to the notable drop in imports. The coverage rate reached 137.3%. Trade balance for Energy Products

Coverage %

2012 101.3

2013 137.9

2014 117.9

2015 106.5

2016 137.3

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CHART OF TRADE OBSTACLES BY SECTOR

CHART OF PROBLEMS BY SECTOR

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As mentioned earlier, 2016 has been a record year for Spanish exports. In general, exports to our European partners have performed more positively than those destined to areas that had a more unfavorable economic situation, such as Latin America, the Middle East, Africa and Oceania. In particular, exports to the European Union (66.3% of the total) increased by 4.1% in 2016, while sales to the Eurozone (51.8% of the total) grew by 4.4% and those destined to the rest of the EU (14.5% of the total), by 2.9%.

Spanish exports to the European Union are concentrated in five markets: France, Germany, Italy, United Kingdom and Portugal. Consequently, the hurdles -trade obstacles, problems and difficulties - related to the functioning of the Single Market are found mainly in these Member States. Taking into account only the trade obstacles, we find that the following five States occupy the first positions.

As may be seen on the chart on the next page, France is our main export market and it is where most of the obstacles are concentrated. However, it should be noted that the percentage of hurdles encountered when it comes to trading with this country (45.1%, almost half) significantly exceeded its 35.4% export share in 2016. Nonetheless, in the rest of the most relevant European countries for Spanish exports, the percentage of hurdles encountered in 2016 was lower than their

importance as commercial customers. In particular, Germany, United Kingdom and Italy concentrate a percentage of difficulties well below their market share. And in the case of Italy and the United Kingdom, there is more than a 10-point difference between both indicators. In 2016, Sweden stands out for being the commercial partner holding the 22nd place in the ranking and yet being fifth by percentage of obstacles.

80.3% France

(45.1%)

Germany

(18.3%)

United Kingdom (7%)

Italy

(5.6%)

Sweden

(4.2%)

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Exports to the first five Member States (share) that have come across trade obstacles and % of hurdles encountered

Year 2016

Following is a description of the problems detected in each Member State, ordered by the number of trade obstacles encountered, so that listed first is the State which is most often reported by Spanish companies, and so on and so forth. We need to bear in mind that trade obstacles are those that specifically fail to

meet Single Market regulations, while problems refer to significant hurdles for the company. Finally, difficulties are minor hurdles. Foreign trade data reflected on the trade balance charts for each sector is final, except for data for 2016 (preliminary estimate), and the source is DataComex.

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FRANCE (FR)

Trade relations Client 1st

Provider 2nd

Main exports in 2016

Motor vehicles, tractors; machinery and mechanical appliances; electric devices and equipment; plastic and manuf. equip.; non-preserved fruit.

The trade balance with France is positive, although the coverage rate has been declining in recent years due to a slower growth in exports than in imports. In 2016, exports posted a slight decrease (-0.4%) in comparison to 2015.

Trade balance

Hurdles encountered

Coverage %

2012 133.7

2013 139.0

2014 129.3

2015 128.6

2016 126.8

11

6 H

urd

les

32 trade obstacles

45.1%

Containers for pyrotechnic artefacts: they are required to comply with the national regulation on pyrotechnic articles.

Health products: differences in the transposition of the Directives pertaining to these products..

Varnishes, paints: they do not accept the certifications on flame retardants obtained in Spain.

Plastic bags: tolerances and technical parameters, according to use, are different to the Spanish criteria in force.

Tubular metal structures: they are required to comply with the specific safety regulations regarding dimensions, quality and resistance of materials.

They are required to comply with national regulations on the construction of industrial facilities.

Metal doors: they are required to comply with national requirements related to fire doors.

Sanitary fittings: they are required to certify compliance with the ACS (health surveillance) standards.

Cosmetics and perfumes: they are required to register again and obtain a permit and license for cosmetic products.

49 problems

23.1%

35 difficulties

23.8%

million €

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11

6 H

urd

les

32 trade obstacles

45.1%

Ingredients for pharmaceutical and nutraceutical sectors: lack of harmonization relative to ingredients with new active elements.

Low voltage cables: lack of harmonization.

Canned vegetables. Jams. Preserves. Olives and pickles: French legislation prohibits the use of bisphenol A in packaging.

Jerez wines. La Rioja wines: they are required to add onto the label the logo of a pregnant woman crossed out.

Special mobile units: they do not allow rigid vehicles longer than 12m, other than buses, even if they are type-approved, registered and circulating in Spain.

Concrete trucks: the Directive on motor vehicles and the transport of concrete goods has been transposed differently in each Member State (FR, IT)

They are required to comply with their regulations, different to the Spanish ones in terms of dimensions, gauges, bumper distance criteria. (FR)

Vehicle certifications obtained in Spain are not accepted.

Rolling stock: lack of harmonization in the homologation of railway vehicles, differences in fire and fumes tests, which force to pass tests again in local laboratories.

Security seals: the tax payment stamp , printed on the capsule, can only be made in France.

Signalling and beacons: they are required to comply with NF regulations.

Inks for graphic arts: the lack of harmonization means they are required to notify of the chemical compositions of the inks.

Honey Comb aluminium panel: they do not accept the Spanish building certifications, the Technical Suitability Document (DIT) and they require a certificate issued by the CSTB.

Air fresheners: they require them to adapt the chemical formula to their national regulations.

Household goods: differences in the transposition of the directives relating to material in contact with food. The migration of materials is allowed in 10 mg, while in France the limit is set at 5 mg.

Metal doors: Due to their national construction regulations, they do not accept the UNE standard on doors for residential use, which means that they must pass tests again at their destination.

Optical fibre: they are required to comply with national standards regarding material safety and fire resistance, different to those required in Spain.

Car accessories: the lack of harmonization related to the sign for use of chains forces to label the product again.

49 problems

23.1%

35 difficulties

23.8%

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11

6 H

urd

les

32 trade obstacles

45.1%

49 problems

23.1%

Metallurgical products: they are required AVIS TECHNIQUE certification and for tests to be certified by the official institution CSTB.

Insecticides: non-existence of a unique European registry for these products.

Drugs: to sell they are required to have a pharmacist registered in the official French school.

Accessories for plastic pipes: they are required to comply with national NF standards on fire retardant material.

Tiles. Tubular metal structures. Metal doors. Pipes. Thermosetting powder paints. Road signs and beacons. Industrial bakery products. Footwear. Toys. Household goods. Special vehicles, cranes : They do not accept tests conducted in Spain, they must pass new tests and obtain certificates at destination.

Wooden windows. Sanitary fittings. Ceramic floors. Electric material. Low voltage cables: they don't accept certifications issued by AENOR.

Ingredients for pharmaceutical and nutraceutical sectors: they are required additional analyses of the new active ingredients.

Metallic structures. Honey Comb aluminium panel: delays in the recovery of VAT.

Spices: customers are requiring compliance with the Directive on the limits of aromatic polyphenols in paprika.

Olives and pickles: differences in prohibited or allowed chemical substances in foods (E621 and E635).

Extra virgin olive oil: they require new ecological certifications obtained at destination.

Compound feedingstuffs for race horses: the Community rules for compound feedingstuffs mark an expiry date of 6 months. However, the shelf life is one year for feedlot animals. Competitors label without specifying the destination of the feed, so they use the expiration of one year.

Lack of harmonization in the weights allowed for the transport by road.

Vegetarian products: do not accept the VEG certification of the Spanish Vegetarian Union.

Special mobile units, display trailers: lack of harmonization with regard to allowed height measures for display trailers and special mobile units.

Rubber metal elements for railway. Rolling stock: they do not accept the Spanish type-approval.

They are forced to meet their requirements, such as for rubber cushions to be fireproof.

They are required to have a bank account at a local bank.

Professional beauty equipment: they do not accept certifications obtained in Spain.

Security seals:

It is compulsory for wine-capping capsules to be stamped with the alcohol-tax payment stamp.

Colour papers for printing. Steel casting parts. Equipment for detection of optical devices. Tea biscuits. Horchata. Machinery for dental laboratories. Equipment for institutions. Elevators. Home Furniture: Delays in payments.

35 difficulties

23.8%

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GERMANY (DE) Trade relations Client 2nd

Provider 1st

Main exports in 2016

Motor vehicles, tractors; non-preserved fruit; electrical equipment and devices; electric devices and equipment; machinery and mechanical devices; vegetables

In 2016 the negative trade balance with Germany narrowed due to the notable increase in exports (6.1%), which was higher than imports (2.2%). The coverage rate recovered in 2016, but was still below 80%

Trade balance

Hurdles encountered

Coverage %

2012 85.3

2013 84.6

2014 77.0

2015 75.2

2016 78.0

70

Hu

rdle

s

13 trade obstacles

18.3%

Containers for pyrotechnic artefacts: they are required to comply with the national regulation on pyrotechnic articles.

Health products: differences in the transposition of the Directives regarding these products.

Metal doors: they are required to comply with national regulations on fire doors.

Pipes: to be able to install them they require them to have a subsidiary.

Jams: they are required to comply with strict levels of potassium chlorides, 0.01 mg.

Tanker trucks: they are required to type-approve the tanker trucks again to enable them to transport ADR loads, they do not accept the Spanish type-approval.

Rolling stock: lack of harmonization in the type-approval of railway vehicles, differences in fire and fumes tests, which force to pass tests again in local laboratories.

Metal towers for electrical laying: they are required to comply with their national regulations, in relation to materials, welding and qualities.

Alarms: they are required to comply with national legislation regarding electrical issues.

34 problems

16%

23 difficulties

15.7%

million €

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70

Hu

rdle

s

13 trade obstacles

18.3%

Inks for graphic arts: the lack of harmonization means they are required to notify of the chemical compositions of the inks in each MS.

Household goods: differences in the transposition of the Directives relating to material in contact with food. The migration of materials is allowed in 10 mg, while in France the limit is set at 5 mg.

Metal doors: they are required to comply with TÜV standards and obtain new certifications for industrial doors.

Optical fibre: they are required to comply with national standards regarding material safety and fire resistance, different to those required in Spain.

34 problems

16%

Paints: crematories require a German emission certification for coffin varnishes.

Coloured paper for printing. Plastic coils. Professional beauty equipment. Sanitary fittings. Plastic motorcycle accessories: they don't accept certifications obtained in Spain, or issued by AENOR.

Metal doors. Thermosetting powder paints. Elevators: they don't accept tests conducted in Spain, they must pass new tests.

Pipes: they are required a certification that is only granted to installing companies, but without it they can´t be sold.

Fire doors: mandatory tests that are not mandatory in Spain - opening and closing cycles-.

Vegetarian products: they do not accept the VEG certification of the Spanish Vegetarian Union.

Hand tools: lack of harmonization on the labelling of industrial products.

Rolling stock. Automotive parts: they are required to pass type approval tests again in order to obtain the traffic permits.

Metallic towers for electrical laying: they are required to pass new tests once the material is welded, which under the circumstances can only be done at destination

Sharpening of drills, milling cutters: they do not accept the certificate of conformity regarding the electrical systems and safety circuits of the hydraulic threads obtained in Spain.

Switches and switch-gear: They require certificates related to certain levels of temperature and humidity in the electricity distribution boards, different from those required in Spain.

Honey Comb aluminium panel : Delays in the recovery of VAT. They are required to have a bank account at a local one.

Footwear: They do not accept the Spanish certifications, since in Spain the footwear's lining fabric may contain chromium below 3 points, but here this substance is prohibited.

Optical fibre: they are imposed technical requirements for mooring loads, different from those used in other Member States.

Upholstered furniture: the highway toll makes the product more expensive and they cannot compete.

Security software:

In order to be able to access public tenders, they are required to have a local bank account.

Wooden furniture: they are required to comply with DIN standards.

Enamels, frits. Plastic coils. Machinery for dental laboratories. Semitrailers. Shipbuilding machinery. Wooden furniture: delays in payments.

23 difficulties

15.7%

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UNITED KINGDOM (GB)

Trade relations Client 4th

Provider 7th

Main exports in 2016

Motor vehicles, tractors; machinery and mechanical devices; non-preserved fruit; electrical equipment and devices; vegetables.

The positive trade balance with the United Kingdom increased significantly in 2016, reaching a coverage rate of 171.3, the highest in recent years. The decline in imports from this country, coupled with the strength in exports, despite the depreciation of the pound, explain this favorable result.

Trade balance

Hurdles encountered

Coverage %

2012 136.1

2013 161.5

2014 148.2

2015 143.6

2016 171.3

41

Hu

rdle

s

5 trade obstacles

7%

Low-voltage cables: lack of harmonization.

Doors: they require for all home doors to be fireproof, in compliance with new building regulations.

Industrial bakery: they require for the labelling to comply with British regulation, which requires the specification of the weight per unit, instead of the net weight.

Conveyor belts: they are required to comply with British Standards.

Optical fibre: they are required to comply with national standards regarding material safety and fire resistance, different to those required in Spain.

20 problems

9.4%

16 difficulties

10.9%

million €

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41

Hu

rdle

s

5 trade obstacles

7%

20 problems

9.4%

Wooden doors: they are required to comply with British Standards for fire doors.

Precast concrete products: they are required to comply with the national legislation on the product.

They are required to comply with national regulations regarding individual protection equipment.

Thermosetting powder paints: they require them to comply with their national regulations and new tests.

Fire doors: mandatory tests that are not mandatory in Spain - opening and closing cycles-.

Low-voltage cables: they do not accept certifications issued by AENOR.

Biscuits: They are not allowed to hire staff without a subsidiary.

Mineral water: differences in allowed truck load weights.

Sponge cakes: They require individual packaging and packaging with protective atmospheres (mono layer, opaque and metallized).

Compound feedingstuffs for race horses: the Community rules for compound feedingstuffs mark an expiry date of 6 months. However, the shelf life is one year for feedlot animals. Competitors label without specifying the destination of the feed, so they use the expiration of one year.

Honey, pollen, propolis: lack of harmonization of the obligation for all companies to have a VIES code.

Professional beauty equipment: they do not accept certifications obtained in Spain.

Lack of harmonization of the requirement to have a VIES code for all companies.

Decorated frames: Lack of harmonization of the obligation to have a VIES code for all companies.

They are required to open a bank account at destination.

Sanitary fittings. Coloured papers for printing. Wines. Machinery for dental labs: delays in payments.

16 difficulties

10.9%

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ITALY (IT) Trade relations Client 3rd

Provider 4th

Main exports in 2016

Motor vehicles, tractors; oils, animal fat; plastic and manufacturing equip.; fish, crustaceans, molluscs; electrical equipment and devices.

In 2016 trade flows with Italy increased, although the balance continued to be favorable for Spain, with a coverage rate of 112.4%, the highest recorded in recent years.

Trade balance

Hurdles encountered

Coverage %

2012 104.1

2013 110.5

2014 110.1

2015 107.9

2016 112.4

62

Hu

rdle

s

4 trade obstacles

5.6%

Metal doors: they are required to comply with national regulations on metal fire doors.

Ingredients for pharmaceutical and nutraceutical sectors: lack of harmonization relative to ingredients with new active ingredients.

Concrete trucks: the Directive on motor vehicles and the transport of concrete goods has been transposed differently in each Member State.

Vehicle certifications obtained in Spain are not accepted. 37 problems

17.5%

21 difficulties

14.3%

million €

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62

Hu

rdle

s

4 trade obstacles

5.6%

37 problems

17.5%

Jams: they cannot access public contracts if they do not have a local partner.

Mineral water: differences in allowed truck load weights.

Packaged honey: they have not transposed the Labelling Directive and require MS to specify where the honeys used for the mixture come from.

Precast concrete products: they are required to comply with the national legislation on the product.

Metal doors: they don't accept tests conducted in Spain, they need to pass new tests.

Insecticides: non-existence of a unique European registry for these products.

Ingredients for pharmaceutical and nutraceutical sectors: they are required additional analyses of the new active ingredients.

Fire doors: mandatory tests that are not required in Spain-opening and closing cycles-.

Concrete trucks: they are required to comply with their national regulations, which are different to the Spanish ones in terms of the weight of the load to be transported.

Lab instruments. Biscuits: they are required to have a local bank account.

Professional beauty equipment: lack of harmonization of the requirement to have a VIES code for all companies.

Scales, sphygmomanometers: they do not accept the certifications obtained in Spain, they require them to pass tests in local laboratories.

They require them to have a bank account at a local bank.

Wines and cavas. Canned vegetables. Industrial packing. Tea biscuits. Frozen fish. Spices. Horchata. Tomatoes. Coloured papers for printing. Containers for pyrotechnic artefacts. Metallurgical products. Plastic bags. Pipelines. Equipment for detection of optical devices. Automobile and motorcycle instruments. Printed Footboard. Motorcycle accessories. Laboratory centrifuges. Scales, sphygmomanometers. Bathroom furniture. Bike and motorcycle accessories. Air fresheners. Professional footwear: delays in payments.

21 difficulties

14.3%

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SWEDEN (SE) Trade relations Client 22nd

Provider 28th

Main exports in 2016

Motor vehicles, tractors; mechanical machines and devices; vegetables; non-preserved fruit; electrical equipment and devices.

In 2016, the negative trade balance with Sweden practically evened out, due to a higher fall in Spanish imports compared to exports.

Trade balance

Hurdles encountered

Coverage %

2012 80.7

2013 84.5

2014 87.0

2015 96.2

2016 99.6

6 H

urd

les

3 trade obstacles

4.2%

La Rioja wines. Cavas: the state monopoly does not allow them to sell in these member states.

Plastic bags: each MS has certain tolerances and technical parameters, according to use.

2 problems

0.9%

Varnishes: they are required to re-register the biocides in paints.

Industrial bakery: delays in payments.

1 difficulty

0.7%

million €

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7 H

urd

les

2 trade obstacles

2,8%

Varnish, paint: Certifications on fireproof quality obtained in Spain are not accepted.

Inks for graphic arts: the lack of harmonization means they are required to notify of the chemical compositions of the inks in each MS.

14 problems

6.6%

7 difficulties

4.8%

POLAND (PL) Trade relations Client 12th

Provider 12th

Main exports in 2016

Motor vehicles, tractors; mechanical machines and devices; electrical equipment and devices; non-preserved fruit; non-knitted clothing.

Since 2014, the trade balance with Polonia is more or less even. In 2016 there a small deficit was recorded, explained by the increase in imports, which reached a higher amount than exports.

Trade balance

Hurdles encountered

Coverage %

2012 129.6

2013 120.6

2014 98.9

2015 105.9

2016 96.1

million €

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7 H

urd

les

2 trade obstacles

2.8%

14 problems

6.6%

Frozen fish:

Lack of synchronization of intra-EU VAT registration data.

Cavas: they are required to place a banner with the tax payment.

Olives and pickles:

Differences in prohibitions or authorizations of chemicals in food (E621 and E635).

Sponge cakes: they don't allow for sponge cakes to include fresh eggs, they must be in powder form.

Pharmaceuticals: they don't accept the GMP (Good Manufacturer Practice) certificate issued in Spain.

Varnishes: they are required to re-register the biocides in paints.

Fire doors: mandatory tests that are not mandatory in Spain - opening and closing cycles-.

Lab centrifuges: the local manufacturer does not need to get approval of its machinery to be able to access public tenders, however, the Spanish company does.

Automotive parts: they do not accept the homologation tests they already have and require them to pass new tests in local laboratories.

Decorated frames, Machining and turning:

Lack of harmonization on the obligation to have a VIES code for all companies.

Switches and switch gear: They require for distribution boards to be fireproof.

Tomatoes. Rollers:

Delays in payments.

7 difficulties

4.8%

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BELGIUM (BE)

Trade relations

Client 8th

Provider 9th

Main exports in 2016

Motor vehicles, tractors; fuels, mineral oils; mechanical machines and devices; plactic materials and manufactures.

In 2016 a significant surplus was achieved with Belgium due to the significant rebound in exports (21.7%). In contrast, imports showed some stability, a trend that has been observed in recent years.

Trade balance

Hurdles encountered

Coverage %

2012 103.7

2013 95.0

2014 90.6

2015 94.5

2016 114.9

13

Hu

rdle

s

2 trade obstacles

2.8%

Alarms: they are required to comply with national legislation regarding electrical issues.

Metal towers for electrical laying: they are required to comply with the national regulations, in relation to materials, welding and qualities, which are different to the Spanish regulations.

8 problems

3.8%

Fire doors: mandatory tests that are not mandatory in Spain - opening and closing cycle-.

Metal towers for electrical laying: they are required to pass new tests once the material is welded, which implies that this can only be done at destination.

Machinery for construction: lack of harmonization on the obligation to have a VIES code for all companies.

Wines. Cavas. Naval machinery. Metal towers for electrical laying. Upholstered furniture: delays in payment.

3 difficulties

2%

million €

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THE NETHERLANDS (NL) Trade relations Client 7th

Provider 6th

Main exports in 2016

Motor vehicles, tractors; fuels, mineral oils; vegetables; pharmaceutical products; non-preserved fruit.

With the Netherlands, Spain has a trade deficit that has stabilized at around 3.5 billion euros in 2015 and 2016, reaching a coverage ratio of 70%.

Trade balance

Hurdles encountered

Coverage %

2012 61.9

2013 69.4

2014 72.5

2015 68.5

2016 70.0

15

Hu

rdle

s

2 trade obstacles

2.8%

Rioja wines: they are required to add onto the label the logo of a pregnant woman crossed out.

Tanker trucks: they are required to type-approve the tanker trucks again to enable them to transport ADR loads, they do not accept the Spanish type-approval.

6 problems

2,8%

Prefabricated concrete: they are required to comply with the national legislation on the product.

Sanitary fittings: they don't accept certifications issued by AENOR.

Upholstered furniture:

The highway toll makes the product more expensive and they cannot compete.

Software for process control:

They have been required to have a subsidiary in that Member State and to open a bank account in order to be able to sell.

Sanitary fittings. Wooden furniture: Delays in payments.

7 difficulties

4.8%

million €

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4 H

urd

les

2 trade obstacles

2.8%

Fertilizers: lack of harmonization in organic fertilizers.

Inks for graphic arts: the lack of harmonization means they are required to notify of the chemical compositions of the inks in each MS.

2 problems

0.9%

Fire doors: mandatory tests that are not mandatory in Spain - opening and closing cycles-.

Rollers: delays in payments.

LITHUANIA (LT) Trade relations Client 64th

Provider 69th

Main exports in 2016

Non-preserved fruit; motor vehicles, tractors; electrical equipment and devices; beverages excluding juices; vegetables.

Foreign trade with Lithuania is very small. In 2016, Spain maintained the positive trade balance that has been registered since 2013, due to the drop in imports, while exports remained practically at the same level as in 2015.

Trade balance

Hurdles encountered

Coverage %

2012 89.3

2013 148.8

2014 185.9

2015 119.3

2016 134.7

million €

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3 H

urd

les 2 trade obstacles

2.8%

Rioja wines. Cavas: the state monopoly does not allow them to sell in this Member State.

1 difficulties

0.7%

FINLAND (FI) Trade relations Client 41st

Provider 42nd

Main exports in 2016

Motor vehicles, tractors; mechanical machines and devices; vehicles, railway equipment; electrical equipment and devices; non-preserved fruit.

Trade flows between Spain and Finland have grown in recent years, keeping a negative trade balance that is fairly constant over time. In 2016, the coverage rate increased to 89.3%.

Trade balance

Hurdles encountered

Coverage %

2012 72.2

2013 83.6

2014 84.5

2015 86.8

2016 89.3

million €

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PORTUGAL (PT) Trade relations Client 5th

Provider 8th

Main exports in 2016

Motor vehicles, tractors; mechanical machines and devices; plastic mat. and manufact.; electrical equipment and devices; fuels, mineral oils.

Portugal is one of the most important trading partners for our economy, with the trade balance being positive for Spain. In 2016, the surplus once again exceeded 7.5 billion euros due to the strength of exports to this country.

Trade balance

Hurdles encountered

Coverage %

2012 176.8

2013 172.9

2014 174.2

2015 164.3

2016 171.5

26

Hu

rdle

s

1 trade obstacle

1.4% Fertilizers: lack of harmonization in organic fertilizers.

16 problems

7.6%

Varnishes: they are required to re-register the biocides in paints.

Insecticides: non-existence of a unique European registry for these products.

Detergents: they are required to register at destination.

Beach cleaning machines: they are required to type-approve and register their trailers again.

Car accessories: they are required to have a bank account at a local bank.

Fruit puree. Spices. Containers for pyrotechnic artefacts. Metallurgical products. Pipes. Machinery for construction. Laboratory centrifuges. Rollers. Scales, sphygmomanometer. Signalling and marking of roads. Professional footwear:

Delays in payments.

9 difficulties

6.1%

million €

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HUNGARY (HU) Trade relations Client 30th

Provider 24th

Main exports in 2016

Motor vehicles, tractors; electrical equipment and devices; mechanical machines and devices; pharmaceutical products; plastic mat. and manufact.

The negative trade balance with Hungary has widened in recent years and, although it corrected slightly in 2016, the coverage rate remained below 60%.

Trade balance

Hurdles encountered

Coverage %

2012 82.1

2013 76.4

2014 61.4

2015 51.9

2016 59.2

million €

5 H

urd

les 1 trade obstacle

1.4% Fertilizers: lack of harmonization in organic fertilizers.

4 problem

1.9%

Citrus fruits, vegetables: delays in VAT recovery.

Roller chains. Inks for graphic design. Citrus fruits, vegetables:

They are required to declare the goods transported and their value through the EKAER system.

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ROMANIA (RO)

Trade relations Client 23rd

Provider 34th

Main exports in 2016

Mechanical machines and devices; motor vehicles, tractors; non-knitted clothing; meat and edible offal; electrical equipment and devices.

The balance of trade with Romania continues to be positive for Spain, with a coverage rate of 127.2% in 2016. Both exports and imports have shown an upward trend in recent years

Trade balance

Hurdles encountered

Coverage %

2012 136.7

2013 117.8

2014 132.8

2015 129.3

2016 127.2

10

Hu

rdle

s

1 trade obstacle

1.4%

Cosmetics: they are required to remove a component not allowed in this MS

3 problems

1.4%

Frozen fish: they are required a test to detect anisakis, something that is not required in Spain.

Sponge cakes: they don't allow for sponge cakes to include fresh eggs, they must be in powder form.

Conveyor belts: delays in VAT recovery.

6 difficulties

4.1%

million €

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1 H

urd

le

1 trade obstacle

1.4% Fertilizers: lack of harmonization in organic fertilizers.

LATVIA (LV)

Trade relations Client 88th

Provider 84th

Main exports in 2016

Non-preserved fruit; motor vehicles, tractors; beverages excluding juices; vegetables; mechanical machines and devices.

Foreign trade with this Baltic country is small. It is characterized by a surplus, which declined notably in 2016.

Trade balance

Hurdles encountered

Coverage %

2012 369.9

2013 352.4

2014 45.6

2015 224.8

2016 144.2

million €

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8 H

urd

les 5 problems

2.4%

Cavas: they are required to place a banner with the tax payment.

Pipes: they are required a certification that is only granted to installing companies, but without it they can´t be sold.

Upholstered furniture:

The highway toll makes the product more expensive and they cannot compete.

Wines. Wooden furniture:

Payment delays. 3 difficulties

2%

AUSTRIA (AT)

Trade relations Client 20th

Provider 29th

Main exports in 2016

Motor vehicles, tractors; organic chemical products; non-preserved fruit; pharmaceutical products; mechanical machines and devices.

Trade balance with Austria runs a surplus, although in the last two years it has been practically even. In 2016 it is worth mentioning the notable increase in exports and imports, with both types of flows exceeding €2 billion.

Trade balance

Hurdles encountered

Coverage %

2012 107.8

2013 111.0

2014 107.9

2015 99.6

2016 101.5

million €

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8 H

urd

les 4 problems

1.9%

Packaged honey:

They have not transposed the Labelling Directive and require MS to specify where the honeys used for the mixture come from.

Paints. Reagents. Textiles for home decoration:

Payment delays.

4 difficulties

2.7%

GREECE (EL)

Trade relations Client 27th

Provider 57th

Main exports in 2016

Motor vehicles, tractors; non-knitted clothing; fuels, mineral oils; knitted clothing; plastic mat. and manufact.

The value of Spanish exports to Greece has been more than three times the value of imports since 2014, thus achieving a permanent trade surplus with this country.

Trade balance

Hurdles encountered

Coverage %

2012 202.6

2013 174.9

2014 373.8

2015 338.9

2016 322.4

million €

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2 H

urd

les

2 problems

0.9%

Jams:

Directive on jams does not contemplate jam as a product, which is, however, regulated in Spain. This fact causes their clients to reject the product.

Wooden doors:

Payment delays.

MALTA (MT)

Trade relations Client 72nd

Provider 94th

Main exports in 2016

Fuels, mineral oils; mechanical machines and devices; non-knitted clothing; motor vehicles, tractors; meat and offal.

Malta is neither a relevant provider nor a relevant client for the Spanish economy. However, the positive trade balance with this country is due to the growth in exports that has been registered since 2014.

Trade balance

Hurdles encountered

Coverage %

2012 328.7

2013 189.7

2014 492.7

2015 511.6

2016 350.7

million €

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5 H

urd

les 1 problem

0.5%

Luggage carriers:

They do not accept the certifications obtained in Spain.

4 difficulties

2.7%

CZECH REPUBLIC (CZ)

Trade relations

Client 21st

Provider 14th

Main exports in 2016

Motor vehicles, tractors; mechanical machines and devices; electrical equipment and devices; plastic mat. and manufact.; non-preserved fruit.

The negative trade balance with the Czech Republic has been widening in recent years and the coverage rate stood at 55.1% in 2016. Imports from this country have increased by 73% since 2012.

Trade balance

Hurdles encountered

Coverage %

2012 67.1

2013 63.5

2014 57.0

2015 55.0

2016 55.1

million €

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4 H

urd

les 1 problem

0.5%

Biscuits:

The presence of certain sweeteners is not allowed, whereas they are allowed in Spain.

3 difficulties

2%

DENMARK (DK) Trade relations Client 32nd

Provider 32nd

Main exports in 2016

Motor vehicles, tractors; mechanical machines and devices; electrical equipment and devices; non-preserved fruit; vegetables.

The recurring negative trade balance with Denmark widened in 2016 and, once again, the coverage ratio fell below 80%.

Trade balance

Hurdles encountered

Coverage %

2012 76.6

2013 88.1

2014 78.4

2015 90.2

2016 79.9

million €

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2 H

urd

les 1 problem

0.5%

Roller chain:

Payment delays.

1 difficulty

0.7%

SLOVENIA (SI)

Trade relations Client 56th

Provider 64th

Main exports in 2016

Motor vehicles, tractors; fuels, mineral oils; electrical equipment and devices; plastic mat. and manuf.; non-preserved fruit.

Spain’s positive trade balance with this country has narrowed significantly since 2015 and in 2016. The coverage ratio decreased to 112.2%, the lowest in recent years.

Trade balance

Hurdles encountered

Coverage %

2012 184.1

2013 184.0

2014 206.3

2015 122.5

2016 112.0

million €

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2 H

urd

les

2 difficulties

1.4%

CROACIA (HR)

Trade relations Client 63rd

Provider 99th

Main exports in 2016

Pharmaceutical products; non-knitted clothing; motor vehicles, tractors; fish, crustaceans, molluscs; meat and offal.

Since 2014, the trade balance with Croacia has continuously increased, due to the strength of exports to this country.

Trade balance

Hurdles encountered

Coverage %

2012 573.1

2013 416.1

2014 288.8

2015 356.1

2016 450.1

million €

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1 H

urd

le

1 problem

0.5%

Sponge cakes: they don't allow for sponge cakes to include fresh eggs, they must be in powder form.

BULGARIA (BG)

Trade relations Client 40th

Provider 55th

Main exports in 2016

Minerals, slag and ash; motor vehicles, tractors; meat and offal; mechanical machines and devices; pharmaceutical products.

The trade surplus with Bulgaria decreased in 2016 for the fourth year in a row, due to the slowdown in exports. The coverage ratio decreased to 167.2%.

Trade balance

Hurdles encountered

Coverage %

2012 207.9

2013 274.4

2014 253.8

2015 223.4

2016 167.2

million €

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1 H

urd

le

1 problem

0.5%

Wine:

Payment delays.

IRELAND (IE) Trade relations

Client 25th

Provider 23rd

Main exports in 2016

Motor vehicles, tractors; organic chemical products; knitted clothing; non-knitted clothing; electrical equipment and devices.

Spain's constant negative balance with Ireland declined in 2016, reaching the lowest since 2012. Thus, the coverage rate increased to 63.8%, the highest of the last five years.

Trade balance

Hurdles encountered

Coverage %

2012 25.8

2013 29.9

2014 42.6

2015 45.0

2016 63.8

million €

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72

1 H

urd

le

1 problem

0.5%

Antibodies and Reagents:

Delays in payments.

LUXEMBOURG (LU) Trade relations

Client 75th

Provider 63rd

Main exports in 2016

Motor vehicles, tractors; fuel, mineral oils; electrical equipment and devices; plastic mat. and manuf.; cast iron and steel manufactures.

In 2016 the trade deficit with Luxembourg continued to widen due to an almost stagnation of exports, while imports continued to increase.

Trade balance

Hurdles encountered

Coverage %

2012 58.2

2013 70.6

2014 64.1

2015 66.2

2016 61.1

million €

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1 H

urd

le

1 difficulty

0.9%

SLOVAKIA (SK) Trade relations Client 43rd

Provider 30th

Main exports in 2016

Motor vehicles, tractors; electrical equipment and devices; mechanical machines and devices; rubber and manufactures; foundry manufactures, iron and steel.

The continued and prominent increase of imports from Slovakia in contrast to the more moderate increase in exports resulted in an widening of the negative trade balance, which in 2016 reached the highest level in recent years.

Trade balance

Hurdles encountered

Coverage %

2012 56.6

2013 53.1

2014 48.4

2015 43.1

2016 45.3

million €

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CYPRUS (CY)

Trade relations Client 80th

Provider 134th

Main exports in 2016

Waste from the food industry; non-knitted clothing; motor vehicles, tractors; knitted clothing; mechanical machines and devices.

Imports from Cyprus are practically non-existant in contrast to exports. Thus, the trade balance with this country is positive.

Trade balance

Coverage %

2012 1,655.1

2013 1,380.6

2014 1,310.7

2015 1,539.7

2016 1,234.1

million €

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ESTONIA (EE)

Trade relations Client 84º

Provider 97º

Main exports in 2016

Motor vehicles, tractors; non-preserved fruit; mechanical machines and devices; plastic mat. and manuf.; beverages excluding juices.

Except in 2014, the trade balance with Estonia has been positive, with the value of exports in 2016 more than doubling that of imports.

Trade balance

Coverage %

2012 153.2

2013 324.6

2014 21.0

2015 176.1

2016 245.7

million €

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CHART OF TRADE OBSTACLES BY MEMBER STATE

CHART OF PROBLEMS BY MEMBER STATE

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The companies that have encountered the most hurdles, including trade obstacles, problems and difficulties, are located in the Autonomous Communities of: Valencia, Catalonia, Castilla y Leon, Madrid and Aragon. Taking into account trade obstacles exclusively, the Autonomous Communities

at the top of the list are: Valencia, Castilla y Leon, Catalonia, Aragon and Madrid. It is worth mentioning that companies located in the Autonomous Communities of Asturias, the Canary Islands and the Balearic Islands did not encounter any trade obstacles.

As indicated in the chart on the following page, there is a relative correlation between the weight of the exports of the Autonomous Community and the number of obstacles reported by companies in relation to their export activity. The Valencian Community stands out, since it concentrates 21.1% of the obstacles, compared to its weight in exports relative to the national total of 11%. Other regions that have this same situation are Aragon and Castilla y Leon. On the other hand, Catalonia, the Autonomous Community that exports 1 of every four Spanish goods, only accounts for 14.1% of the total hurdles. Other regions where the percentage of obstacles is low in

relation to their share in exports are Andalusia, Galicia and the Murcia region. In the other regions, there is a greater correspondence between their share in exports relative to the nation’s total and the percentage of hurdles they have reported in the interviews, as in the case of the Community of Madrid and the Basque Country. Therefore, it seems like the specialization of the exporting activity in each Autonomous Community has weighed more on these results than its share in Spanish exports as a whole.

67.7% Valencian

Community

(21.1%)

Castilla y Leon

(14.1%)

Catalonia

(11.3%)

Aragon

(11.3%)

Madrid

(9.9%)

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Exports by Autonomous Community (share) and % of hurdles encountered

Year 2016

Following is a description of the problems reported by the companies in each Autonomous Community, ordered by number of obstacles, so that the first one on the list is the Community with the most obstacles reported and so on.

Data for exports from each of the Autonomous Communities to the European Union is provisional and corresponds to 2016, and the source is DataComex.

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Germany FranceUnited

KingdomItaly Portugal

2015 3,665.60 3,381.16 2,956.24 1,968.68 1,016.58

2016 4,040.94 3,295.71 2,886.01 2,255.58 1,283.25

Growth % 10.20 -2.50 -2.40 14.60 26.20

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

4,500in

mill

ion

VALENCIAN COMMUNITY

Exports from the Valencian Community to the EU are mainly directed to:

In 2016, exports from the Valencian Community to Germany and Italy recorded a positive evolution, while those to France and the United Kingdom declined.

Hurdles encountered in their exporting activity

89

Hu

rdle

s

15 trade obstacles

21.1% Technical regulation

51 problems

24.1%

Technical regulation

Commercial transactions and contracts

Contracting of freight transport

Administrative and tax hurdles

23 difficulties

15.7%

Commercial transactions and contracts

Packaging and containers

Public markets

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France BelgiumUnited

KingdomItaly Portugal

2015 3,825.06 1,045.21 1,128.76 1,071.29 946.65

2016 4,262.97 1,564.69 1,449.53 1,322.23 1,057.20

Growth % 11.40 49.70 28.40 23.40 11.70

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

4,500

in m

illio

n €

CASTILLA Y LEON Exports from Castilla y Leon to the EU are mainly directed to:

In 2016, the extraordinary behaviour of exports from Castilla y Leon to its main exporting markets stands out, with sales to Belgium and the United Kingdom being most significant.

Hurdles encountered in their exporting activity

58

Hu

rdle

s

10 trade obstacles

14.1%

Technical regulation

Packaging and containers

26 problems

12.3%

Technical regulation

Commercial transactions and contracts

Administrative and tax hurdles

Contracting of freight transport

Free movement of workers

22 difficulties

15%

Commercial transactions and contracts

Packaging and containers

Public markets

Administrative and tax hurdles

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France Germany Italy PortugalUnited

Kingdom

2015 9,821.42 7,588.44 5,537.89 4,562.73 4,096.34

2016 10,460.44 7,736.28 5,932.27 4,366.01 3,910.36

Growth % 6.51 1.95 7.12 -4.31 -4.54

0

2,000

4,000

6,000

8,000

10,000

12,000in

mill

ion

CATALONIA Exports from Catalonia to the EU are mainly directed to:

Catalonia’s main export market is France, and it posted a strong performance in 2016, with a growth in exports of 6.5%. On the other hand, sales to Portugal and the United Kingdom declined.

Hurdles encountered in their exporting activity

69

Hu

rdle

s

8 trade obstacles

11.3%

Technical regulation

Public markets

Freedom of establishment and commercial network

29 problems

13.7%

Commercial transactions and contracts

Technical regulation

Administrative and tax hurdles

Contracting of freight transport

Packaging and containers

Public markets

32 difficulties

21.8%

Administrative and tax hurdles

Technical regulation

Commercial transactions and contracts

Packaging and containers

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France Germany ItalyUnited

KingdomPortugal

2015 1,943.57 1,596.23 1,009.68 989.02 595.52

2016 1,814.85 1,606.24 1,141.87 871.21 637.01

Growth % -6.60 0.60 13.10 -11.90 7.00

0

500

1,000

1,500

2,000

2,500in

mill

ion

ARAGON Exports from Aragon to the EU are mainly directed to:

For this Autonomous Community, Italy and Portugal were the most dynamic markets in terms of exports in 2016. On the other hand, it is worth noting the fall of the British market.

Hurdles encountered in their exporting activity

36

Hu

rdle

s

8 trade obstacles

11.3%

Technical regulation

Packaging and containers

21 problems

9.9%

Technical regulation

Commercial transactions and contracts

Administrative and tax hurdles

Packaging and containers

Contracting of freight transport

7 difficulties

4.8%

Commercial transactions and contracts

Packaging and containers

Public markets

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COMMUNITY OF MADRID Exports from Madrid to the EU are mainly directed to:

Exports originated in the Community of Madrid posted a very positive performance in the main destination markets, with the United Kingdom and Italy standing out the most.

Hurdles encountered in their exporting activity

41

Hu

rdle

s

7 trade obstacles

9,9%

Administrative and tax hurdles

Technical regulation

12 problems

5.7%

Technical regulation

Commercial transactions and contracts

Contracting of freight transport

Public markets

22 difficulties

15%

Commercial transactions and contracts

Public markets

Packaging and containers

Technical regulation

Contracting of freight transport

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France GermanyUnited

KingdomItaly Portugal

2015 3,629.57 3,206.35 1,416.87 1,157.23 903.15

2016 3,583.93 3,360.02 1,296.68 1,077.60 878.70

Growth % -1.26 4.79 -8.48 -6.88 -2.71

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

in m

illio

n €

BASQUE COUNTRY Exports from Basque Country to the EU are mainly directed to:

In 2016 the trade balance for the Basque Country was negative due to the decline of exports to

its main destination markets, with the exception of Germany. The drop in exports to the

United Kingdom was the most pronounced.

Hurdles encountered in their exporting activity

30

Hu

rdle

s

7 trade obstacles

9.9%

Technical regulation

Packaging and containers

Public markets

14 problems

6.6%

Technical regulation

Commercial transactions and contracts

Administrative and tax hurdles

Packaging and containers

9 difficulties

6.1%

Commercial transactions and contracts

Free movement of workers

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LA RIOJA Exports from La Rioja to the EU are mainly directed to:

Although its weight is very small, exports from la Rioja to the Netherlands registered a very

strong rebound in 2016, which contrasts with the weakness of other destinations, such as the

United Kingdom and Portugal. Its main market, France, posted a slight increase.

Hurdles encountered in their exporting activity

14

Hu

rdle

s

4 trade obstacles

5.6%

Technical regulation

Packaging and containers

8 problems

3.8%

Commercial transactions and contracts

Administrative and tax hurdles

Technical regulation

2 difficulties

1.4% Packaging and containers

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Portugal France Germany Italy Ireland

2015 1,077.27 884.68 660.32 507.86 279.65

2016 1,108.80 903.31 753.47 535.48 338.02

Growth % 2.93 2.11 14.11 5.44 20.87

0

200

400

600

800

1,000

1,200

in m

illio

n €

CASTILLA-LA MANCHA Exports from Castilla-La Mancha to the EU are mainly directed to:

The export activity from Castilla-La Mancha in 2016 was characterized by a positive evolution, which extended to its main destination markets, with the Irish market standing out.

Hurdles encountered in their exporting activity

16

Hu

rdle

s

3 trade obstacles

4.2% Technical regulation

6 problems

2.8%

Commercial transactions and contracts

Technical regulation

7 difficulties

4.8%

Packaging and containers

Administrative and tax hurdles

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France Portugal ItalyUnited

KingdomGermany

2015 4,932.28 2,388.65 1,538.69 1,107.43 999.27

2016 3,853.35 2,547.28 1,846.02 1,574.98 1,406.03

Growth % -21.87 6.64 19.97 42.22 40.71

0

1,000

2,000

3,000

4,000

5,000

6,000

in m

illio

n €

GALICIA Exports from Galicia to the EU are mainly directed to:

France, the main export destination from Galicia, recorded a significant drop in 2016, which contrasts with the strength of European markets such as United Kingdom and Italy.

Hurdles encountered in their exporting activity

25

Hu

rdle

s

2 trade obstacles

2.8%

Technical regulation

Packaging and containers

16 problems

7.6%

Commercial transactions and contracts

Technical regulation

Administrative and tax hurdles

7 difficulties

4.8%

Trading transactions and contracts

Packaging and containers

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Portugal France Germany ItalyUnited

Kingdom

2015 498.68 225.89 229.09 139.42 89.50

2016 507.25 226.02 219.96 134.46 83.90

Growth % 1.72 0.06 -3.98 -3.56 -6.25

0

100

200

300

400

500

600

in m

illio

n €

EXTREMADURA Exports from Extremadura to the EU are mainly directed to:

For Extremadura, 2016 was not a good year for exports, since those to Portugal increased only slightly, the ones to France stagnated and the ones to other European destinations declined.

Hurdles encountered in their exporting activity

8 H

urd

les

2 trade obstacles

2.8% Technical regulation

3 problems

1.4%

Technical regulation

Commercial transactions and contracts

3 difficulties

2%

Commercial transactions and contracts

Technical regulation

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France Germany Portugal ItalyUnited

Kingdom

2015 437.94 319.22 199.71 169.07 168.42

2016 441.78 341.03 199.96 187.08 172.75

Growth % 0.88 6.83 0.12 10.66 2.58

0

50

100

150

200

250

300

350

400

450

500

in m

illio

n €

CANTABRIA Exports from Cantabria to the EU are mainly directed to:

Despite the stagnation of exports to Portugal, the third most important market, the other destination markets evolved positively in 2016 for this Autonomous Community.

Hurdles encountered in their exporting activity

6 H

urd

les

2 trade obstacles

2.8% Technical regulation

2 problems

0.9% Commercial transactions and contracts

2 difficulties

1.4%

Commercial transactions and contracts

Packaging and containers

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France Germany Italy PortugalUnited

Kingdom

2015 2,586.07 2,462.58 1,963.31 1,824.86 1,688.89

2016 2,959.19 2,670.11 2,047.46 1,855.32 1,714.95

Growth % 14.43 8.43 4.29 1.67 1.54

0

500

1,000

1,500

2,000

2,500

3,000

3,500

in m

illio

n €

ANDALUSIA

Exports from Andalusia to the EU are mainly directed to:

The year 2016 closed with a positive trade balance for exports from Andalusia, where there was significant growth in all destination markets, particularly in exports to France and Germany.

Hurdles encountered in their exporting activity

19

Hu

rdle

s

1 trade obstacle

1.4% Packaging and containers

8 problems

3.8%

Commercial transactions and contracts

Technical regulation

10 difficulties

6.8%

Packaging and containers

Technical regulation

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France GermanyUnited

KingdomThe

NetherlandsItaly

2015 1,442.56 902.44 963.33 702.44 708.91

2016 1,035.12 932.26 930.47 722.56 693.94

Growth % -28.24 3.30 -3.41 2.86 -2.11

0

200

400

600

800

1,000

1,200

1,400

1,600

in m

illio

n €

MURCIA REGION

Exports from the Murcia region to the EU are mainly directed to:

Taking into account the first five destination markets of exports from the Murcia region, it is worth mentioning the decline in sales to France (28.2%) in 2016, which does not compensate for the increase in exports to Germany and the Netherlands.

Hurdles encountered in their exporting activity

5 H

urd

les

1 trade obstacle

1.4% Packaging and containers

4 problems

1.9%

Commercial transactions and contracts

Technical regulation

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France Germany ItalyUnited

KingdomPortugal

2015 1,488.84 1,385.80 645.67 634.68 367.56

2016 1,406.89 1,277.78 632.50 602.20 321.67

Growth % -5.50 -7.79 -2.04 -5.12 -12.49

0

200

400

600

800

1,000

1,200

1,400

1,600in

mill

ion

NAVARRE Exports from Navarre to the EU are mainly directed to:

Navarre’s trade balance for 2016 was negative due to the decline in export recorded in the

most relevant destination markets, especially the French and German ones.

Hurdles encountered in their exporting activity

3 H

urd

les

1 trade obstacle

1.4% Packaging and containers

1 problem

0.5% Commercial transactions and contracts

1 difficulty

0.7% Commercial transactions and contracts

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Italy France GermanyThe

NetherlandsPortugal

2015 379.14 350.99 280.68 109.65 262.57

2016 386.01 384.04 316.82 268.19 212.71

Growth % 1.81 9.42 12.87 144.59 -18.99

0

50

100

150

200

250

300

350

400

450

in m

illio

n €

ASTURIAS

Exports from Asturias to the EU are mainly directed to:

Except those directed to Portugal, exports from Asturias were strong in 2016, with the Dutch, German and French markets standing out.

Hurdles encountered in their exporting activity

9 H

urd

les

9 problems

4.3%

Technical regulation

Commercial transactions and contracts

Administrative and tax hurdles

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Open Line – Phase XIV Goods

96

TheNetherlands

UnitedKingdom

Germany France Portugal

2015 79.82 71.39 25.86 22.38 8.20

2016 89.56 51.87 34.48 22.20 19.06

Growth % 12.20 -27.34 33.33 -0.81 132.43

0

20

40

60

80

100

120

140

in m

illio

n €

CANARY ISLANDS Exports from the Canary Islands to the EU are mainly directed to:

Exports of goods from the Canary Islands amount to a very small amount. In 2016, their main European markets had a very heterogeneous behaviour, with strong growth of exports to markets such as Portugal and a remarkable decrease to the United Kingdom.

Hurdles encountered in their exporting activity

2 H

urd

les

2 problems

0.9% Technical regulation

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France ItalyThe

NetherlandsGermany Ireland

2015 143.17 119.21 167.38 110.26 3.86

2016 105.15 92.29 70.03 62.59 59.23

Growth % -26.56 -22.58 -58.16 -43.24 1,432.78

0

50

100

150

200

250

300in

mill

ion

BALEARIC ISLANDS Exports from the Balearic Islands to the EU are mainly directed to:

Exports of goods from the Balearic Islands account for a small amount. In 2016, and with the exception of those directed to Ireland, exports to the different European markets recorded a significant drop.

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CHART OF TRADE OBSTACLES BY AUTONOMOUS COMMUNITY

CHART OF PROBLEMS BY AUTONOMOUS COMMUNITY

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CHART OF THE BUSINESS OPPORTUNITIES ACCORDING TO SPANISH COMPANIES

This chart shows the percentage of Spanish companies interviewed that have increased their business opportunities with the other EU Member States: 73%, and those that have remained at the same level: 27%.

CHART OF THE REASONS ENABLING COMPANIES TO INCREASE THEIR BUSINESS OPPORTUNITIES

73%

73% 27%

Single Market’s opening

Search for opportunities outside of Spain

Changes in the commercial policy of the company

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CHARTS OF THE BUSINESS OPPORTUNITIES BY SECTOR AND BY AUTONOMOUS COMMUNITY

An

dal

usi

a

Ara

gon

Ast

uri

as

Can

tab

ria

Cas

tilla

-La

Man

cha

Cas

tilla

y L

eon

Cat

alo

nia

Mad

rid

Val

enci

an C

.

Extr

emad

ura

Gal

icia

Bal

eari

c Is

lasn

ds

La R

ioja

Nav

arre

Bas

qu

e C

ou

ntr

y

Mu

rcia

Reg

ion

yes % no %

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Andalusia Aragon Asturias Cantabria

Castilla-La Mancha Castilla y Leon Catalonia Madrid

Valencian C. Extremadura Galicia Balearic Is. La Rioja

Navarre Basque Country

Murcia Region

Food Raw materiales Intermediate products

Capital goods Automotive

Durable goods Consumer goods

Other goods

CHARTS OF SATISFACTION4 WITH THE SINGLE MARKET BY SECTOR AND BY AUTONOMOUS COMMUNITY

4 This calculation is based on the total number of companies interviewed and not just the ones that reported problems.

Score of 1 to 5, with 5 being máximum satisfaction.

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INTRODUCTION The services sector at Community level accounts for about 70% of GDP and is, therefore, key to the European economy. Nonetheless, the sector has great potential for growth in Europe and, at the same time, it needs to become much more competitive. Thus, not only does the Directive on Services need to be implemented, but structural reforms in the Member States must also be undertaken, since services that fall under the scope of the Directive only account for 45% of the 70% mentioned above. Given the growing importance of the services sector, not only due to its weight in GDP but also to its significance in exports, Phase 14 of the Open Line project has also analysed services excluded from the Directive, such as financial services, transport or the energy sector. In this phase we haven’t just studied the correct transposition of the Directive on Services (as implemented so far), but we’ve also included other obstacles that affect and hamper the activity of companies that provide services, such as those of a fiscal nature, access to public markets, etc. It should be noted that, in the case of Spain, the positive current account balance since 2013 is explained, among other factors, by a change in the behaviour of the balance for non-tourism services. Specifically, since 2009, this balance has registered a growing surplus that has stabilized around 1.2% of GDP, a rate that has remained unchanged during the period of consolidation of the recovery (2014-2016). This figure, coupled with the favourable evolution of tourism, allows us to state that Spain was able to maintain its share in worldwide service exports in recent years, which was set at around 2.8%.

This is why the hurdles encountered by Spanish companies trying to export services have been studied from a broader point of view. On the other hand, it is worth recalling that the purpose of the Directive on Services is to ease the freedom of establishment of service providers in other Member States and the freedom of provision of services among those States. In turn, a high level of quality must be ensured by establishing effective administrative cooperation through the Internal Market Information System (IMI System). The Directive allows the opening of businesses in another Member State without the need for specific authorizations. It also provides that Member States may not make discriminatory requirements as to nationality or residence, or economic proof, or the drawing of insurance policies or professional liability guarantees with national entities. Documents issued in another EU Member States, except in specific and substantiated cases, must also be accepted. Therefore, under this Directive, a company is able to render services in other Member States without the need to possess an infrastructure or to establish itself at the destination. Finally, it should be noted that the European Commission is working on guaranteeing an ambitious implementation of the Directive on Services and, together with the Member States, they are pursuing lines of work in certain sectors of special interest. It is also making special efforts to assess the access barriers for professionals to the Internal Market and, thus, improve their possibilities for mobility within the EU.

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EUROPEAN ELECTRONIC SERVICE CARD In January 2017, the European Commission presented a package of measures that will make it easier for companies and professionals to provide services. The four initiatives adopted are the following: An electronic card for services. It’s a simplified electronic procedure that will allow service providers for companies (engineering or IT consultants) and construction services to more easily complete the administrative procedures necessary to provide services in other countries. Service providers may contact a single representative in their home country in order to get their data verified and conveyed to the destination State. Assessment of the proportionality of national rules on professional services. The EU does not regulate or deregulate professions since this is a prerogative of the different Member States. However, under Community Law, States must determine whether these requirements are balanced. Therefore, the Commission wants to rationalize and clarify how a full

proportionality test must be conducted before adopting national standards. Guidance on national reforms in the regulation of professions. The regulation of professional services with great potential for growth and employment, such as those provided by engineers, lawyers, patent agents or real estate agents, should be reformed at the national level. Member States are invited to assess whether these professional requirements meet public policy objectives. Improved notification of draft national legislation on services. This is necessary even though EU legislation already requires Member States to notify to the Commission any amendment to national regulations on services. The aim is to be able to identify inconsistencies with European legislation from the outset, so that, by improving this mechanism, the process may become more appropriate, transparent and effective.

Be

fore

20

17

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TYPES OF PROBLEMS Individual interviews were held with 500 companies who provide their services in some Member State of the European Union, for the purpose of identifying hurdles that may have been encountered in the exercise of their activities. Of these, only 34 companies (6.8%) had encountered some hurdle in the provision of their services within the Single Market, with a total of 123 hurdles, which could be classified into: 16 trade obstacles, 61 problems and 46 difficulties. We should recall that trade obstacles are those mandatory compliance requirements that breach Single Market regulations or pose a significant barrier. The rest of the identified hurdles are, for the most part, barriers imposed among companies, which are considered to be problems when they are considered significant and difficulties when they are of a lesser importance.

12

3 T

ota

l hu

rdle

s

16 trade obstacles

13%

Commercial transactions and contracts (6.25%)

Freedom of establishment (25%)

Public markets (6.25%)

Freedom to provide services (62.5%)

61 problems

49.6%

Technical regulation (21.3%)

Administrative and tax hurdles (4.9%)

Transportation contracting (4.9%)

Commercial transactions and contracts (18%)

Freedom of establishment (8.2%)

Public markets (4.9%)

Free movement of workers (4.9%)

Freedom to provide services (32.8%)

46 difficulties

37.4%

Technical regulation

Administrative and tax hurdles

Public markets

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110

SECTORS

CONSTRUCTION SERVICES

ENVIRONMENTAL SERVICES

19

Hu

rdle

s

5 trade obstacles

31.3%

Engineering, construction and operation:

They are required to obtain authorization as a construction company, to perform execution and installation services. (United Kingdom, Finland, Italy, France)

Construction, civil and railway engineering:

They are required to have branches to be able to operate. (Romania)

8 problems

13.1%

Engineering, construction and operation:

They require new type-approvals. (Finland, United Kingdom)

They are required to register as a company. They are required local financial guarantors. (Ireland, Finland)

Construction, civil and railway engineering:

They are required to have a bank account at destination. (Romania)

Delays in payments. (Romania)

6 difficulties

13%

12

Hu

rdle

s

5 trade obstacles

31.3%

Environmental services:

They are required to have a local place of business to provide services for periods longer than 180 days. (Greece, Ireland, France, Germany)

Collection and treatment of waste:

In order to be able to bid at tenders they had to do so with a local partner, despite being established in the Member State. (Italy)

6 problems

9.8%

Environmental services:

Clients require the inclusion of certain data in the work certificates, which the Spanish administration does not allow to add. (Greece)

They require staff to be registered with the professional association at destination. (Greece, Ireland, France, Germany, Italy)

1 difficulty

2.2%

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111

EQUIPMENT INSTALLATION AND MAINTENANCE SERVICES

ENERGY SERVICES

16

Hu

rdle

s

3 trade obstacles

18.8%

Solar protection elements: To be able to bid at tenders and contract 10-year insurance policies they had to open a subsidiary. (France)

Special vehicles; cranes: They are required to establish themselves in the country in order to be able to provide services. (France)

Optical device detection equipment: They had to register as a service company. (Germany)

6 problems

9.8%

Equipment for detection of optical devices: They had to hire a local self-employed individual to be able to provide services. (Germany)

Smart transport systems:

In the absence of common regulations, they must comply with the requirements of each Member State. (Austria)

Mechanical and electrical maintenance in power plants:

They are required to hire local workers and comply with the conditions imposed by the National Association of the Construction Industry (NAECI). (United Kingdom)

They are forced to open a bank account at destination. (France, United Kingdom)

Elevators/Lifts: They are required to have certificates from local bodies. (Germany)

7 difficulties

15.2%

13

Hu

rdle

s

1 trade obstacle

6.3%

Renewable energies:

They are required to have an office at destination in order to be able to provide services. (United Kingdom)

7 problems

11.5%

Railway electrification:

In order to be able to bid in public tenders, they must do so with a local partner. (Croatia)

In order to be able to bid, they are required to have an office at destination. (United Kingdom)

Wind farms:

Delays in payments from customers. (Bulgaria)

Abuse of dominant position of the public bodies in the regulation over the electricity market. (Bulgaria)

Energy industry:

They do not accept ISO 9001 certification. (France)

Energy industry:

To be able to bid in tenders, the company must be established at the destination and have guarantees from local banks. (Italy)

Renewable energies:

They require a local financial guarantor (United Kingdom)

5 difficulties

10.9%

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Open Line – Phase XIV Services

112

SERVICES TO COMPANIES

PROFESSIONAL SERVICES

21

Hu

rdle

s

1 trade obstacle

6.3%

Engineering:

In order to be able to provide service, they are required to be established. (Germany)

13 problems

21.3%

Financial Advice: They are forced to open a bank account at destination. (United Kingdom)

Engineering: The equipment and material of the company must adapt to the local regulations. (United Kingdom, Germany)

They are forced to open a bank account at destination. (Germany)

Their workers are required to have safety certificates, following client rules by taking a training course. (Germany, United Kingdom)

They are required to have university degrees formally recognized in order to be able to bid. (Italy, United Kingdom)

Topography and cartography: They are required to be registered with the Association of Expert Geometers, and with their geographic information system. (France)

Execution of infrastructures: They are forced to open a bank account. (Poland)

To send workers, these must obtain a national license and have two or three years of experience at destination. (Poland)

Aerospace engineering: Delays in payment. (France)

7 difficulties

15%

10

Hu

rdle

s

1 trade obstacle

6.3%

Industrial security:

In order to be able to provide services for more than six months, they are required to have an office at destination. (Germany)

9 problems

14.8%

Industrial security and WRP:

Obligation for workers who work there for more than six months to make Soc. Sec contributions in that Member State. (Germany)

Logistics:

The differences between Member States on the Maximum Weight Authorized in road transport forces them to observe the most restrictive of the lot when crossing more than one Member State, thus wasting cargo capacity. (France, Italy)

Outsourcing:

They are forced to open a bank account at destination. (Portugal).

They are forced to have an establishment if they hire local permanent staff for more than a year. (Portugal)

Consultancy in energy efficiency:

The lack of harmonization in the classification of energy services for photovoltaic generation for vehicles requires them to adapt to the standards of each Member State. (France, Germany, United Kingdom).

Food technology: Delays in VAT refunds. (Poland)

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Services Open Line – Phase XIV

113

3 H

urd

les

3 problems

4.9%

Genetic analysis:

National legislation requires that the pre-implantation genetic diagnosis be carried out in authorized centres of the Member State. (Germany)

They are required to establish themselves to provide services. (Germany)

They are required to obtain authorization at the regional level in order to be able to analyse the samples. (Germany)

7 H

urd

les 2 problems

3.3%

Development of software applications:

Delays in payments. (United Kingdom)

Audiovisual content:

Delays in VAT refunds, with enormous bureaucratic obstacles. (Germany)

5 difficulties

10.9%

TRANSPORT SERVICES

INFORMATION SERVICES

HEALTH SERVICES

18

Hu

rdle

s

6 problems

9.8%

Refrigerated transport; international road transport:

The differences between Member States on the Maximum Weight Authorized in road transport forces them to observe the most restrictive of the lot when crossing more than one Member State, thus wasting cargo capacity. (France, Germany)

International road transport; logistics:

They are required to produce a certificate proving that their drivers receive the minimum wage required in that Member State. (France)

They are required to register as a new logistics operator. (France)

Refrigerated transport:

They are required to have a local financial guarantor. (France)

12 difficulties

26.1%

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Open Line – Phase XIV Services

114

3 H

urd

les

3 difficulties

6.5%

1 H

urd

le

1 problem

1.6%

Catering services:

Delays in payments. (Italy)

ACCOMMODATION AND CATERING SERVICES

EDUCATION AND TRAINING SERVICES

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MEMBER STATES According to the International Trade in Services Survey (ITSS) prepared by the National Statistics Institute (INE), the geographical area that contributes most to exports of Spanish non-tourism services is the European Union (EU-28), with a share of 51% in 2016. The United Kingdom, France and Germany are the most relevant markets for Spanish companies (see chart). According to information provided by Spanish companies, when exporting their services most have encountered obstacles in a proportion similar to the importance of the European markets. In particular, obstacles have been detected in the following Member States in the following proportion:

Germany (25%)

France (25%)

United Kingdom (12.5%)

Italy (12.5%)

Finland (6.3%)

Ireland (6.3%)

Greece (6.3%)

Romania (3%) It is worth noting that the only one of these four that has a higher rate of exports than the percentage of trade barriers encountered is the United Kingdom. In contrast, Italy stands out for the opposite, with almost twice as many hurdles identified than the share of services exported. On the other hand, outside the four large European countries where Spain exports the most, the obstacles to providing a service are concentrated in Ireland, Finland and Greece.

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116

CHART OF OBSTACLES AND PROBLEMS BY MEMBER STATE

AUTONOMOUS COMMUNITIES If we look at exports of services depending on their origin from the different Autonomous Communities, it’s normal that Madrid, which concentrates the large companies in the services export field, is the one that has encountered the most obstacles when carrying out this activity, followed by Catalonia at a distance.

CHART OF PROBLEMS BY AUTONOMOUS COMMUNITY

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CHARTS

CHART OF BUSINESS OPPORTUNITIES ACCORDING TO SPANISH

COMPANIES

REASONS WHY COMPANIES HAVE INCREASED THEIR BUSINESS OPPORTUNITIES

79.4%

20.6%

YES NO

Single Market’s opening

Search for opportunities outside of Spain

Changes in the commercial policy of the company

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118

CHARTS OF COMMERCIAL OPPORTUNITIES BY SECTOR AND AUTONOMOUS COMMUNITY

An

dal

usi

a

Ara

gon

Ast

uri

as

Cas

tilla

-L M

anch

a

Cat

alo

nia

Mad

rid

Val

enci

an C

.

Gal

icia

Nav

arre

Bas

qu

e C

ou

ntr

y

Can

tab

ria

Mu

rcia

Reg

ion

yes % no %

Pro

fess

ion

al

For

co

mp

anie

s

Co

nst

ruct

ion

Equ

ipm

ent

inst

.

Hea

lth

Ed

uca

tio

n

Tele

com

mu

nic

at.

Rea

l Sta

te

Leis

ure

Acc

om

mo

dat

ion

Info

rmat

ion

Envi

ron

men

tal

Tran

spo

rt

Ener

gy

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CHARTS SHOWING SATISFACTION5 WITH THE SINGLE MARKET BY SECTOR AND AUTONOMOUS COMMUNITY

5 Scores based on all interviewed companies, not just the ones that reported problems.

Score from 1 to 5, with 5 being maximum satisfaction.

Andalusia Aragon Asturias Cantabria

Castilla-La Mancha Catalonia Madrid

Valencian Community Galicia Navarre Basque Country

Murcia Region

Professional s. s.for companies Construction s.

Environmental s. companies

Transport s.

Equipment inst.

Energy s.

Information s.

Health s.

Accommodation & catering s.

Education & training Telecommunications s. Real State s.

Leisure

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Estimado amigo: Desde la entrada en vigor del Mercado Único, éste ha supuesto grandes ventajas para nuestras empresas. Sin embargo, los éxitos indiscutibles del mismo, no deben impedirnos ver que todavía persisten algunos obstáculos para lograr su correcto funcionamiento. Por ello, la Confederación Española de Organizaciones Empresariales (CEOE), la Secretaría de Estado de Comercio e ICEX España Exportación e Inversiones, han decidido continuar con el proyecto “Línea Abierta para la identificación de problemas en el Mercado Único Europeo”, como un medio eficaz para colaborar al funcionamiento del Mercado Interior, tanto en la exportación de mercancías como en la prestación de servicios. Este proyecto además de detectar los obstáculos comerciales, pone al descubierto la problemática que afecta a las empresas españolas, aún cuando ésta no responda estrictamente a un incumplimiento de la normativa del Mercado Único, pero si genere un estado de indefensión o desventaja respecto a otra empresa comunitaria. Entre 1993 y 2015 se han desarrollado trece fases, en las que han participado aproximadamente 13.000 empresas españolas exportadoras. Entre las conclusiones obtenidas en la última fase, destaca el hecho de que una de cada ocho empresas ha encontrado algún problema. Con el fin de que las empresas exportadoras, como la suya, puedan manifestar los problemas de su día a día en el Mercado Único (UE 28), le enviamos un cuestionario que rogamos cumplimente y lo reenvíe a: E-mail: [email protected] - [email protected] Línea Abierta CEOE Tel: 915 663 548 - 915 663 491 Un experto del equipo de Línea Abierta se pondrá en contacto con su empresa para estudiar su caso en profundidad. Agradeciendo su colaboración, reciba un cordial saludo,

Jaime García-Legaz Ponce Juan Rosell Lastortras Secretario de Estado de Comercio Presidente CEOE

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LÍNEA ABIERTA FASE XIV PARA LA IDENTIFICACIÓN DE

PROBLEMAS EN LA EXPORTACIÓN DE MERCANCÍAS Y SERVICIOS

AL MERCADO ÚNICO EUROPEO

DATOS DE LA EMPRESA

Empresa: _______________________________________________________________________________________

Dirección: ______________________________________________________________________________________

Localidad: ______________________________________________________________________________________

C.P.: ___________ Provincia: _______________________________ Teléfono: __________________________

E-mail: ____________________________________________ Web: ______________________________________

Persona de contacto para ampliar información: _____________________________________________________

Cargo: __________________________________________________________________________________________

PRODUCTOS QUE EXPORTA y/o SERVICIOS QUE PRESTA EN LA UE: _____________________________________

_______________________________________________________________________________________________

¿Qué valoración le merece el Mercado Único desde el punto de vista comercial?

(Valoración del 1 al 5, siendo el 5 la máxima satisfacción) ______________________________________________

¿Han aumentado sus oportunidades de negocio con los Estados miembros, comparado con los últimos 5 años?

NO

SI En caso afirmativo, es debido a:

a) Consecuencia directa de la existencia del Mercado Único

b) Búsqueda de oportunidades fuera de España

c) Cambios en la política comercial de su empresa

Mercados principales:

ESTADOS MIEMBRO DE LA UE: ______________________________________________________________________

PAÍS CANDIDATO: TURQUIA SI NO

En cumplimiento de lo dispuesto por la Ley Orgánica 15/1999 del 13 de diciembre de Protección de Datos de Carácter Personal, CEOE le informa que sus datos

personales serán incorporados en un fichero automatizado de su propiedad cuyo objetivo es el de cumplir con los fines y competencias de nuestra organización. Se

pone en conocimiento de los titulares de los datos que en virtud de lo dispuesto por dicha norma, pueden ejercer sus derechos de acceso, rectificación,

cancelación y oposición en lo relativo a sus datos personales dirigiendo un escrito a tal efecto a CEOE, Ref. DATOS PERSONALES, C/ Diego de León, 50, 28006

MADRID.

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1. REGLAMENTACIÓN TÉCNICA APLICADA A LA

VENTA DE MERCANCIAS O PRESTACIÓN DE

SERVICIOS

A. ¿Ha tenido problemas derivados de la

trasposición desigual en otro Estado miembro de

Directivas de la UE?

SI NO

B. ¿Ha tenido problemas derivados de la aplicación

de legislaciones nacionales en otros Estados

miembros de la UE?

SI NO

C. ¿Ha tenido problemas porque no les acepten las

pruebas y ensayos de homologación y/o

certificación de sus productos, obtenidos en

España?

SI NO

D. Al prestar un servicio, ¿ha tenido problemas en

algún Estado miembro de la UE porque no les

reconozcan los certificados o documentos que

justifican el cumplimiento de los requisitos

exigidos?

SI NO

E. ¿Le exigen requisitos diferentes a los exigidos en

España, sobre el uso de equipos y material que

tiene su empresa para desarrollar su actividad?

SI NO

2. TRABAS ADMINISTRATIVAS Y FISCALES

A. ¿Ha tenido algún problema con el IVA en

transacciones comerciales con otros Estados

miembro de la UE?

SI NO

B. ¿Ha tenido dificultades para acceder a la

información sobre los requisitos relativos a los

procedimientos y trámites necesarios para

prestar su actividad de servicio en la UE?

SI NO

C. ¿Ha tenido problemas relacionados con otros

trámites administrativos y fiscales en otros

Estados miembro de la UE?

SI NO

3. ENVASE Y EMBALAJE

A. ¿Ha tenido problemas con el etiquetado, con los

envases o con los embalajes de sus productos?

SI NO

4. CONTRATACIÓN DE TRANSPORTE PARA

MERCANCIAS

A. ¿Ha tenido problemas por limitaciones en el

transporte por carretera (prohibiciones,

exigencias técnicas, etc.) al circular por la UE?

SI NO

5. OPERACIONES COMERCIALES Y CONTRATOS

A. ¿Ha tenido problemas relacionados con los

retrasos en los pagos y medios de pago?

SI NO

B. Al establecerse o en la realización de sus

operaciones comerciales en la UE, ¿le han

exigido tener una cuenta bancaria en un banco

local?

SI NO

C. Si es así, ¿ha tenido dificultades con la apertura

de dicha cuenta o le han exigido requisitos más

estrictos que a una empresa local?

SI NO

D. ¿Ha tenido problemas con los contratos de sus

operaciones comerciales o controversias sobre la

legislación aplicable a dichos contratos?

SI NO

6. LIBERTAD DE ESTABLECIMIENTO EN LA UE Y

RED COMERCIAL

A. Al establecerse en otro Estado miembro, ¿ha

tenido constancia de que el Régimen de

Autorización sea diferente al exigido a los

prestadores de servicios nacionales? Por ejemplo, la duración de la autorización es

distinta o existe falta de transparencia en los

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requisitos exigidos para recibir la autorización o

falta de imparcialidad en la concesión (denegación a

pesar del cumplimiento de los requisitos).

SI NO

B. ¿Le exigen que el establecimiento principal esté

en el Estado donde quieren prestar servicio?

SI NO

C. Para establecerse, ¿le exigen un aval financiero

o seguro del Estado miembro de la UE de

destino?

SI NO

D. ¿Le han denegado la concesión para establecer

una oficina, agencia, sucursal o filial en otro

Estado miembro de la UE?

SI NO

7. MERCADOS PÚBLICOS

A. ¿Le ha faltado acceso a toda la información

relativa a los concursos públicos a los que se ha

presentado?

SI NO

B. ¿Las licitaciones públicas incluyen requisitos más

estrictos para su empresa que los que se exigen

a empresas locales?

SI NO

C. ¿En los concursos públicos a los que se ha

presentado, se ha sentido en inferioridad de

condiciones respecto a los competidores locales

o sufrido falta de imparcialidad?

SI NO

8. LIBERTAD DE CIRCULACIÓN DE TRABAJADORES

A. ¿Ha tenido problemas en algún Estado miembro

de la UE a la hora de destinar o contratar

personal para realizar un trabajo? Por ejemplo, que se exijan a trabajadores

extranjeros condiciones diferentes a las que deben

cumplir los trabajadores nacionales.

SI NO

9. PRESTACIÓN DE SERVICIOS EN OTRO ESTADO

MIEMBRO DE LA UE

A. ¿Le obligan a estar establecido en el territorio

donde presten el servicio con algún tipo de

infraestructura, oficina o gabinete?

SI NO

B. ¿Debe obtener una autorización o inscribirse en

un registro, colegio o asociación profesional en

el Estado miembro de la UE donde van a prestar

el servicio?

SI NO

C. ¿Ha sufrido algún tipo de restricción relativa a la

forma jurídica que puede adoptar su empresa

como operadora de servicios en la UE?

SI NO

Una vez cumplimentado enviar a:

Línea Abierta CEOE Diego de León, 50 – 28006 Madrid

E-mail: [email protected] - [email protected] Tel: 915 663 548 – 915 663 491

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Economic and European Affairs Department

Diego de León, 50 – 28006 Madrid. Teléfono: 915 663 400