Hi together,
I want to know, if here are some experts for marketing materials, especially brochures, flyers or handouts without product, but for advertising. As we discuss this with a lot of small printer companies, who needs to give us insights to their supply chain and provide information:
When you look into FAQ v4, Point 2.13 items of correspondence are excluded from EUDR (served a communication purpose) – related to EU 2015/2446 Art 1(26) & 141 (2) (‘items of correspondence’ means letters, postcards, braille letters and printed matter not liable to import or export duty;
in my point of view this could be also used for printing materials used by Marketing – product flyer, brochures, press handouts without product.
There are also some discussions in expert group E03282, but no clear outcome or offical documents (Meeting 32 (definition of EU 1186/2009 Art 86+95 – but not usable mentioned by COM) + Meeting 34 (negligible value) – but if we buy 1000 flyers and distribute to each customer only 3 for free…is it still negligible? Maybe not.
Any recommendations/experience for these marketing materials?
1 Answer
Anonymous User
Hello and greetings !
Thanks for your question and this is a very relevant question that we at X-IT get also from time to time on the table from our our clients.
Correctly classifying of marketing materials under the EUDRÂ is more importntat than one thinks – surprisingly enough
In an overview some aspects fro you:
1. Are flyers, brochures, etc., covered by the EUDR?
Yes, as a general rule. Products made of paper and paperboard (CN Chapters 48/49), such as flyers and brochures, are explicitly listed in the EUDR’s scope. The regulation applies as soon as these items are placed on the market in the course of a commercial activity (e.g., by purchasing them from a printing company).
2. What about recycled materials?
Products made from 100% recycled materials are exempt from the EUDR !!!!
This is a key point !!!
If you can ensure and document that your marketing materials are printed on paper that consists entirely of recycled content, the due diligence obligations do not apply. And it is also better for the einvironment, but it depends if your content can be printed on this material ??
However, if the product contains any amount of new (virgin) fiber, due diligence must be performed for that portion.
3. Does the “items of correspondence” exemption apply (FAQ 2.13)?
No, this is a common misconception. The exemption for “items of correspondence” is intended for individualized communications like letters or postcards.
Mass-produced advertising materials with identical content are not considered correspondence but are treated as standalone products !! So attention !
4. Does “negligible value” matter? No – sorry !
The concept of “negligible value” originates from customs law. The EUDR is a market regulation that applies regardless of the product’s value.
Even flyers distributed for free are subject to due diligence because the act of placing them on the market (the initial purchase) has already occurred.
Our Recommendation at the moment for you:
Unless your marketing materials are made from 100% recycled paper, you should treat them as products that fall under the EUDR.
The entity that first places them on the EU market (i.e., the company ordering them from the printer) is the “operator” and is responsible for the Due Diligence Statement.
The printing companies are acting correctly by requesting supply chain information from their suppliers.
As their customer, you should, in turn, be able to request proof of compliance (e.g., the due diligence statement reference number) from your printer.
I hope this answer helps to clarify the situation!
Best regards from Losheim am See !! ( This is in the Saarland – FYI )
Timo