New origin controls for imported nuts, citrus fruits, and capers

The Ministry of Economy, Trade and Enterprise is expanding controls on agri-food imports with Order ECM/1002/2026, of September 9, published in the Official State Gazette (Boletín Oficial del Estado) no. 238, of September 26, 2026 (reference BOE-A-2026-19943). The regulation incorporates the verification of the country of origin indication for nuts, dried citrus fruits, capers, and other products that until now had no control. It enters into force the day following its publication, that is, September 27, 2026.

The order modifies the annex of Order PRE/3026/2003, of October 30, which establishes the inspection and control rules for the Regional and Territorial Directorates of Trade, now Territorial and Provincial Directorates of Trade, peripheral services dependent on the Secretary of State for Trade. That annex had been modified on several occasions, most recently by Order ECC/2566/2015, of November 27. The signature corresponds to the First Vice President of the Government and Minister of Economy, Trade and Enterprise, Carlos Cuerpo Caballero.

An annex that goes from two to five parts

The annex is now structured into five parts, compared to the previous two:

• Part A: import products from third countries subject to inspection and commercial quality control in accordance with marketing standards.
• Part B: the same controls for export products to third countries.
• Part C: import products subject exclusively to the verification of the country of origin indication.
• Part D: identical origin control for export products.
• Part E: products under article 5.1.b.xvii) of Commission Delegated Regulation (EU) 2023/2429, with exclusive control of the country of origin indication for import and export.

Products introducing origin control

The new parts C and D include, among others, the following products, which now require the indication of the country of origin:

• Capers (CN 0709.99.40) and mushrooms and other non-cultivated fungi (ex 0709.51 to ex 0709.56 and 0709.59).
• Shelled nuts: bitter almonds, almonds, hazelnuts, walnuts, pistachios, macadamia nuts, and pine nuts, as well as pecans and other shell fruits.
• Dried plantains, dried figs, dried citrus fruits, and dried grapes, including raisins.
• Dried fruits and their mixtures under CN 0813, except for subheadings 0813 50 31 and 0813 50 39, which are listed separately as tropical nut mixtures and mixtures of other nuts.
• Saffron (CN 0910.20).

Conversely, pistachios in shell, macadamia nuts in shell, and pine nuts in shell, previously exempt, are incorporated into parts A and B and are now subject to the general marketing standard.

Bananas, eggs, and peppers: other novelties

Delegated Regulation (EU) 2023/2429 introduces the control of the indication of the country of origin for ripe bananas under CN code 08039010, as reflected in Part D. Furthermore, the combined nomenclature is split: fresh bananas move from 0803.90.10 to 0803.90.11.00 “Canary Islands banana” and 0803.90.19.00 “Other,” with the corresponding adaptation of Part A.

In the egg sector, the new Delegated Regulation (EU) 2023/2465 requires a review of the controlled products and the inclusion of those classified under CN 040790 as “other,” which are added to the fresh eggs under CN 0407 21. Parts A and B also include the nomenclature for Padrón-type peppers (0709.60.99), a commercial variety of sweet pepper that may have a spicy flavor.

Processing and Entry into Force

The regulation is issued under Article 149.1.10 of the Spanish Constitution, which grants the State exclusive competence over the customs and tariff regime and foreign trade. The project was subject to prior public consultation and to public hearing and information in accordance with Law 50/1997, of November 27, without receiving observations from potential recipients.

The changes are based on Regulation (EU) 2021/2117, Delegated Regulation (EU) 2023/2429, Implementing Regulation (EU) 2023/2430, and Delegated Regulation (EU) 2023/2465, which replace the previous framework of marketing standards for fruit and vegetables, bananas, and eggs.

The order requires food importers and exporters to certify the origin of an expanded catalog of products, with a particular impact on dried fruits, dried citrus fruits, and preserved vegetables. Control falls upon the Territorial and Provincial Directorates of Trade, meaning that operators must adjust their declarations and labeling to the new structure of the annex starting September 27, 2026.

Source: Official State Gazette, no. 238, of September 26, 2026, Sec. I. General Provisions, page 126188 (official reference: BOE-A-2026-19943).