Notes on Regulations Governing the Export of Timber and Timber Products
Regulatory Background
Timber and timber products to be put on the European market are subject to the Construction Products Directive (CPD/CPR) 89/106/EEC. The directive requires products be safe. Timber and timber products shall also conform to the Regulation (EC) No 1907/2006 of the European Parliament and of the Council of December 18, 2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH). Products for different purposes are subject to different restrictions on certain substances. If the concentration of a Substance of Very High Concern (SVHC) in a product exceeds the limit, the manufacturer or importer shall give information about the SVHC. The EU Regulation 995/2010/EU lays down the due diligence obligation on operators who place timber and timber products on the EU internal market for the first time, as well as the record keeping obligation to prevent illegal logging and related trade of products made from timber.
Composite wood and composite wood products to be marketed in the US must be certified either under the Toxic Substances Control Act (TSCA) or by California Air Resources Board (CARB). The TSCA certification program is enforced by the US Environmental Protection Agency (EPA), which regulates industrial chemicals and their production and distribution, and imposes reporting, record-keeping, tracking and testing requirements for and restrictions on the use of commercial chemicals. As an internationally recognized certification program, CARB certification requires manufacturers to monitor their production process as per the quality management system to reduce formaldehyde emissions from composite wood and composite wood products.
Scope
The EU
Regulation 995/2010/EU applies to the timber and timber products set out in the Annex thereto, which covers a broad range of both imported and domestically produced timber and timber products, including solid wood products, flooring, plywood, pulp and paper, but not including printed papers such as books, magazines and newspapers, musical instruments, toys and games. Regulation 995/2010/EU contains an exemption for timber products or their components made from recycled timber. Recycled timber refers to timber or timber products that have completed their life cycle and would otherwise be disposed of as waste. Furthermore, Regulation 995/2010/EU empowers the European Commission, by means of delegated acts, to amend and supplement the list of timber and timber products set out in the Annex. However, no amendments to the Annex have been published to date.
The US
Timber and timber products falling within the scope of the Regulation include composite wood and composite wood products (or wood-based panels), such as plywood, chipboard, and fiberboard. The Regulation does not apply to solid wood products as they release low levels of formaldehyde with few formaldehyde resins added during the processing.
Regulations
The EU
1. Laminate and resilient flooring
2. Solid wood flooring
The EU does not set out any chemical requirements exclusively for ordinary wood and ordinary wood products. We recommend manufacturers to keep an eye on the REACH Annex XVII for the restrictions on the following substances:
As the formaldehyde emissions from wood-based panels has been a common concern, and Germany has imposed a mandatory requirement for formaldehyde emissions testing, it is recommended that wood-based panel components comply with EN 13986 Wood-based Panels for Use in Construction - Characteristics, Evaluation of Conformity and Marking.
In addition, 995/2010/EU lays down relevant obligations on operators and traders. Operators are subject to two obligations:
1. Not to place on the market illegally harvested timber or timber products;
2. To use a "due diligence system" to exercise due diligence when placing timber or timber products on the EU market. The requirements for the due diligence system are laid down in Article 6 of the Regulation 995/2010/EU, and has been developed in the Implementing Regulation 607/2012/EU. The due diligence system includes three key elements:
The above-mentioned obligations do not apply to the following timber and timber products:
In accordance with the Regulation 995/2010/EU, traders shall be able to identify:
The information above must be kept for at least five years and made available to competent authorities on request.
The US
After TSCA was revised, TSCA Title VI establishes formaldehyde emissions standards that are identical to the CARB Phase II limits. Formaldehyde emission limits for five types of common wood-based panels:
Composite wood and composite wood products are required to be certified by an EPA-recognized third-party certifier (TPC) and labeled as TSCA Title VI compliant before they are offered for sale in the US.
Legal Basis
For more information about the regulations and standards for timber and timber products, please refer to:
EU Timber Regulation
https://ec.europa.eu/environment/forests/timber_regulation.htm#products
Construction products (CPD/CPR)
TSCA Formaldehyde Emission Standards for Composite Wood Products
https://www.epa.gov/formaldehyde/formaldehyde-emission-standards-composite-wood-products
REACH
https://echa.europa.eu/regulations/reach/understanding-reach
California Air Resource Board
https://ww2.arb.ca.gov/our-work/programs/composite-wood-products-program/about
Note: The above information does not constitute any legal advice and shall not be deemed or represent the legal opinion or conclusion of the regulatory body. Further, we do not undertake or warrant that the information represents the latest laws and regulations. For specific information, please consult the competent authority, law firms, or third-party certification/testing/consulting companies in the target country or region.
AliExpress
August 31, 2020