Milena Kazanowska-Kędzierska and Aleksandra Pinkas look at how Polish companies are preparing for the implementation of the European Union Deforestation Regulation (EUDR), which aims to counteract the ongoing degradation of forests.[1]
However, European companies can breathe a sigh of relief as the obligation to comply with the new rules may be delayed by up to 12 months.[2]
In addition, the corrigendum[3] clarifies doubts about the classification of packaging used to protect the relevant products. In fact, there are more and more questions on this subject. Our experts answer the most common ones.
Will the packaging that protects the relevant products, e.g. during transport, also be considered a relevant product?
It should be recalled that the EUDR identifies the relevant commodities and the relevant products made from them that cause deforestation. Wood is one of the relevant commodities and the list of relevant wood products includes, inter alia, packing paper, cases, boxes, crates, drums and similar packings made of wood.
The question is therefore whether traders of products in wood-based packaging will have to comply with the EUDR for this reason.
Well, if the trade concerns a relevant product in its protective packaging, the EUDR will apply only to the product and not to its packaging.
On the other hand, if the trade concerns the packaging itself, which is a relevant wood product, the packaging will be covered by the Regulation.
In summary, this corrigendum excludes from the list of relevant wood products packing material used only to support, protect or carry another product placed on the market.
I have a number of doubts relating specifically to wood-based packaging. Where can I find reliable information on what exactly is covered by the Regulation and what is excluded?
One such reliable source is certainly the European Commission’s Guidance Document,[4] which clarifies in detail the doubts related to the application of the EUDR, including those related to packaging.
In this context, it should be noted in particular that packing and packaging materials, and more specifically the following relevant wood products:
- Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or cellulose fibres, and box files, letter trays and similar office accessories
- When placed on the market or exported as products themselves, are covered by the EUDR
- When used solely to support, protect or carry other products, are not covered by the EUDR.
- Wooden packing cases, boxes, crates, drums and similar packings, pallets and other load boards
- When placed on the market or exported as products themselves, are covered by the Regulation, which means that EUDR requirements must be met.
In summary, the EUDR:
Covers:
- Packaging materials placed on the market as products themselves
- Containers that give the product its essential character: e.g. decorative gift boxes
Does not cover:
- Packaging materials with goods inside, used exclusively to support, protect or carry other products
- User manuals accompanying shipments, unless they are placed on the market as a product themselves
I am in the packaging industry, how will this affect my business?
It’s worth keeping an eye on what is happening in the market. New requirements for packaging manufacturers and market trends, i.e. the increasing importance of packaging made from wood-based materials and the gradual move away from plastics, if only in connection with the Single-Use Plastics Directive (which aims to limit the use of single-use plastic products), certainly present challenges, but also opportunities. They are worth seizing.
Entrepreneurs must bear in mind that:
- The sources of raw materials need to be verified
- There are new development opportunities in sustainable packaging
- Their processes need to be adapted to new legal requirements
Is the change in the date of entry into force of the EUDR already certain?
The draft amending regulation is at the stage of first reading by EU legislators. If it is approved by the EU Council in its current form, it will enter into force on the third day following its publication in the Official Journal of the European Union. Irrespective of the date of entry into force of the amending regulation, it will apply from 30 December 2025 instead of 30 December 2024 as originally envisaged.
See also:
Eco Focus #3 on the duty of due diligence.
Eco Focus #2 on the penalties and consequences for companies that do not comply with the rules and the system of checks.
Eco Focus #1 on the basic concepts and the list of commodities covered by the new rules.
Any questions? Contact us
[1] Regulation (EU) 2023/1115 of the European Parliament and of the Council of 31 May 2023 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 (OJ EU L 150 of 2023, as amended)
[2] Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2023/1115 as regards provisions relating to the date of application (COM/2024/452 final)
[3] Corrigendum to Regulation (EU) 2023/1115 of the European Parliament and of the Council of 31 May 2023 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 (OJ EU L 150 of 2023) ST/12716/2024/INIT (OJ EU L 2024/90591 of 2024)
[4] Commission Notice – Guidance Document for Regulation (EU) 2023/1115 on deforestation-free products (OJ C/2024/6789)
