EUDR: Your Questions About Individual Products & Goods

Many are unsure if their products fall under EUDR, including mixed and internal-use items. Our blog series answers your product specific questions.

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Many market participants are uncertain about whether their products fall under the scope of the EUDR. This includes not only finished goods but also "mixed products" and items used solely within a company. If you’ve been wondering whether your specific products are subject to the EUDR’s requirements, this blog will address those concerns. We’ll explore common queries and provide real-world examples to clarify the situation. Stay tuned for this essential post.

Questions we answer in this post:

1. Is recycled paper exempt from the EUDR due diligence requirements?

2. 100% recycled material is exempt from the EUDR. What proof must I provide to demonstrate that the product is indeed made entirely of recycled material? What if suppliers misdeclare their products?

3. Do wood products purchased within the EU require supplier documents, or must the supplier issue and provide any documentation to us as customers?

4. Is it correct that for composite products containing multiple relevant raw materials or products (e.g., a wooden kitchen chair with cattle leather upholstery, CN code 9401), the market participant placing these products on the EU market only needs to conduct due diligence on the primary raw material and its (derived) products that are relevant under the EUDR? That is, in this example, the relevant raw material would be wood?

5. If a product relevant under the EUDR is purchased and processed into a non-EUDR-relevant product and then sold, is it still subject to due diligence requirements?

6. Are all wood-based products relevant? Does a wooden pencil fall under the regulation's requirements or not?

   
   

QUESTION: Is recycled paper exempt from the EUDR due diligence requirements?

Yes, as long as it is a 100% recycled product. Specifically, the regulation does not apply to goods made exclusively from materials whose lifecycle has ended and which would otherwise be disposed of as waste according to Article 3(1) of Directive 2008/98/EC (Annex I EUDR). Therefore, recycled materials are not subject to obligations under the regulation. However, if the product contains any (even minimal) amount of non-recycled material, it falls under the requirements of the regulation. In such cases, due diligence obligations must be met, and the non-recycled materials must be traceable to their origin through geolocation.

QUESTION 100% recycled material is exempt from the EUDR. What proof must I provide to demonstrate that the product is indeed made entirely of recycled material? What if suppliers misdeclare their products?

The regulation does not specify how proof should be provided that a product consists entirely of recycled material. Generally, evidence must be sufficiently conclusive and verifiable and must be presented to the competent authorities upon request. Possible forms of proof include test reports from independent testing bodies.

QUESTION: Do wood products purchased within the EU require supplier documents, or must the supplier issue and provide any documentation to us as customers?

No. Only those who place, make available, or export relevant raw materials or products on the EU market are subject to the EUDR requirements (Article 3). Simply purchasing relevant raw materials and products, whether for further processing or not, is not covered by the EUDR. This is because it does not constitute placing on the market, making available, or exporting from the EU market.

Specifically, this means that if the purchased wood products are not subsequently placed on the market (Article 2(16) EUDR), made available (Article 2(18) EUDR), or exported (Article 2(37) EUDR), they do not fall within the scope of the EUDR.

Raw materials produced within the EU are subject to the same requirements as those produced outside the EU. The regulation applies to the products listed in Annex I, regardless of whether they are produced in the EU or imported.

QUESTION: Is it correct that for composite products containing multiple relevant raw materials or products (e.g., a wooden kitchen chair with cattle leather upholstery, CN code 9401), the market participant placing these products on the EU market only needs to conduct due diligence on the primary raw material and its (derived) products that are relevant under the EUDR? That is, in this example, the relevant raw material would be wood?

That is correct. For composite products where multiple raw materials could be relevant, the primary raw material is determined based on the HS code.

According to the EU Commission FAQ

"For composite products containing multiple relevant raw materials or products (e.g., a chocolate bar containing cocoa powder, cocoa butter, and palm oil), the market participant placing such a product on the EU market must only conduct due diligence on the primary raw material and its (derived) products that are considered relevant under the EUDR, i.e., the raw material listed in the left column of Annex I. For chocolate bars (HS code 1806), for example, the relevant raw material is cocoa. This means that due diligence and information requirements apply only to the relevant products listed in the right column of Annex I under the relevant raw material contained in or used in the production of the chocolate bar, in this case, cocoa powder and cocoa butter under the raw material cocoa."

QUESTIONS If a product relevant under the EUDR is purchased and processed into a non-EUDR-relevant product and then sold, is it still subject to due diligence requirements?

No. Only those who place, make available, or export relevant raw materials or products listed in Annex I of the regulation on the EU market are subject to the EUDR requirements. Simply purchasing relevant raw materials and products, whether for further processing or not, is not covered by the EUDR, as it does not constitute placing on the market, making available, or exporting from the EU market.

If originally relevant products have been processed into non-relevant products, they no longer fall under the EUDR. No due diligence declaration is required for the relevant products used in the manufacture of a non-relevant product.

QUESTION Are all wood-based products relevant? Does a wooden pencil fall under the regulation's requirements or not?

Example: A pencil (CNcode 9609 10 10) is not listed in Annex I of the EUDR. However, a pencil is made of wood, which is defined as a relevant raw material. According to Article 2(2) EUDR, "relevant raw materials" (wood) refer to products listed in Annex I that contain, are fed with, or are produced using relevant raw materials.

No, in this case, a wooden pencil (CN 9609 10 10) is not subject to the EUDR requirements. The EUDR only applies to raw materials and products explicitly listed in Annex I of the regulation. Products that are not listed in Annex I do not fall within the scope of the regulation.

Annex I of the EUDR is the guiding reference for determining due diligence obligations. It provides a detailed list of the respective HS codes/CN codes for the specified relevant raw materials and the products made from them.