Here you will find frequently asked questions with answers about EUDR from cubemos.
If you manufacture a product such as wooden furniture (e.g. HS code 9403 30) and place it on the EU market for the first time, you as a manufacturer are obliged to draw up your own due diligence declaration and enter it in the EU TRACES system.
Our AI provides well-founded and up-to-date suggestions based on the applicable EUDR regulations and HS codes and thus supports an efficient and structured classification.
However, the final legal assessment is always carried out by our experienced advisory team, which carefully checks and documents each classification. In this way, we ensure that our recommendations also meet legal requirements.
If your supplier has already placed the chocolate on the EU market with a valid due diligence declaration and you merely process it further (e.g. as a coating), you can rely on the supplier's declaration. The prerequisite is that you act as a downstream market participant and the supplier bears the actual responsibility as a market participant.
Nevertheless, you are obliged to check the supplier's information for plausibility - for example, with regard to the completeness of the geodata, supplier data and risk assessment.
As a downstream market participant, it is not sufficient to rely solely on a questionnaire. You are obliged to check the received due diligence declaration for completeness and plausibility. This includes, in particular, the geolocation data, the date of production, legal compliance and proof that no deforestation or forest degradation has occurred since the cut-off date.
Careful checking is important, as you can also be held liable in the event of a breach.
As due diligence declarations are usually submitted digitally and in a structured form, the check can be automated - for example by comparing the coordinates with publicly available deforestation maps.
There is currently no conclusive, reliable database that clearly clarifies whether a product falls under the EUDR based on a product name or description. The HS code descriptions in Annex I are sometimes vaguely formulated, which is why the classification of some products can be complex. The list is currently being further specified at EU level.
A useful, if not error-free, source is the TRACES user interface, which is used to enter due diligence declarations.
The most important reference for checking whether a product falls under the EUDR is the list of HS codes in Annex I of the Regulation. This lists the affected product categories.
The list is currently being further specified at EU level.
Essential oils, such as pine oil or fir oil, are not listed in Annex I of the EUDR and are therefore not affected by the regulation.
As Switzerland is not an EU member state, exports to Switzerland are an independent placing on the market process. In this case, passing on an existing reference number is not sufficient - the exporter himself is obliged to submit a due diligence declaration.
Reference to an existing reference number can only be made for shipments within the EU.
Timber is generally covered by the EUDR if it falls under one of the HS codes concerned.
If a construction company purchases processed timber (e.g. beams, glued laminated timber, OSB panels) from an upstream supplier who has already placed the material on the market with a valid declaration of due diligence, the construction company is a downstream market participant. It does not have to submit its own DDS, but must check and document the validity and completeness of the reference number.
If the construction company itself imports timber or uses raw materials without a valid reference number, it is obliged as a market participant to submit its own due diligence declaration.
The obligations of the EUDR also apply to wood used for non-structural or temporary purposes (e.g. formwork panels) - provided the material falls under an affected HS code and is placed on the market as a product.
The decisive factor for the application of the EUDR is not the group structure, but the process of "placing on the market". If a relevant product is transferred from one group company to another subsidiary within the same group of companies - for further processing or distribution, for example - this constitutes placing on the market within the meaning of the EUDR. In this case, a declaration of due diligence is required.
Imports from high-risk countries such as Myanmar are not ruled out in principle, but are in fact only possible under very strict conditions. As a high-risk country, the EUDR requires a well-founded risk analysis. If the risk cannot be effectively mitigated - for example due to a lack of traceability, a lack of transparency or incomplete data - the product in question may not be placed on the market.
In practice, it is currently almost impossible to achieve sufficient risk mitigation in the case of Myanmar. Our recommendation: Companies should carefully examine whether it is possible to switch to alternative sources of supply with a lower risk.
Packaging only falls under the EUDR if it is placed on the market or exported as an independent product - for example as empty cardboard boxes, crates or pallets. In this case, the due diligence obligations of the EUDR apply, as the packaging is considered an independent product.
However, if the packaging is used exclusively to protect, carry or present another product - for example when shipping or selling your own goods - it is not considered to be placed on the market independently. In this case, there is no obligation to provide evidence under the EUDR, even if a relevant HS code applies.
Not mandatory. Assembly and operating instructions that are supplied together with the main product - for example as part of the packaging or the scope of delivery - are not considered to be separate products and therefore do not fall within the scope of the EUDR.
The situation is different if such manuals are sold or imported separately. For example, if they are sold independently of the main product, cleared through customs under a separate HS code (e.g. Chapter 49 - Printed matter) or exported, they are considered to be separate products. In this case, the due diligence obligations of the EUDR must be complied with - analogous to other printed products such as catalogs or brochures.
The EUDR can also be relevant for the cosmetics industry - especially if an affected raw material such as palm oil, cocoa butter or soy is a component of the product, even in processed form. Although cosmetics are not explicitly listed in Annex I of the EUDR, manufacturers and retailers are generally considered to be downstream market players. In principle, they can rely on the due diligence declarations of their upstream suppliers, but must ensure that these are correct and complete - for example by checking the reference number and the accompanying documentation.
As soon as a company places paper products - such as flyers, brochures or catalogs - on the market, it is considered to be the first distributor within the meaning of the EUDR. It is therefore obliged to either submit a declaration of due diligence itself or to use an existing reference number and check its validity and the underlying documentation.
If the printing company places the finished end product - such as newspapers including inserts - on the market, it is subject to the obligations of the EUDR. Newspapers are explicitly covered by Annex I ("ex 49 - books, newspapers, pictorial prints...") of the Regulation.
Market participants are obliged to ensure that the paper used complies with the requirements set out in Article 3.
