Reprecentacoes Proinde Ltda, our correspondents in Brazil, has provided us with the following information:

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Regulation of Wood Packaging Material will come into force as from 1 February 2016

The Brazilian Ministry of Agriculture, Livestock and Supply (MAPA) issued a new regulation through Normative Instruction No. 32 of 23 September 2015 (IN 32/2015) that will come into force as from 1 February 2016. It will not apply to cargoes carried under bills of lading issued before the date of entering into force.

IN 32/2015 regulates the procedures for control and phytosanitary certification of wood packaging material for import and export cargoes. It is widely based on the Regulation of Wood Packaging Material in International Trade issued by the International Standards for Phytosanitary Measures (ISPM No. 15) and adopted the marking standards by the International Plant Protection Convention (IPPC). A copy of the regulation, in Portuguese, is attached and translation would be arranged on request.

Cargo importers, exporters, port operators and carriers must provide MAPA with details of non-treated, non-certified wood packaging, supports or pieces of solid wood which are used to pack and support cargoes imported, exported or in transit through Brazil, even if those cargoes would not normally be subject to phytosanitary controls.

Wood material for which details are mandatory specifically include:

I. Boxes, crates, cages, cable drums and spool/reels; and
II. Pallets, platforms, packing cases, dunnage, shores, wedges and battens;
– Reused, repaired or remanufactured wood packaging material is also included

The following items of low risk are expressly exempted from the provisions of the regulation:

I. Wood packaging material made entirely from wood of 6mm or less in thickness;
II. Wood packaging material made wholly of processed wood material, such as plywood, particle board, oriented strand board or veneer that has been created using glue, heat or pressure, or a combination thereof;
III. Barrels for wine and spirit that have been heated during manufacture;
IV. Gift boxes for wine, cigars and other commodities made from wood that has been processed and/or manufactured in a way that renders it free of pests;
V. Sawdust, wood shavings and wood wool when used as packaging material; and
VI. Wood components permanently attached to freight vehicles and containers
– Consignments of wood (timber/lumber) which is supported by dunnage that is constructed from wood of the same type and quality that meets the same phytosanitary requirements as the wood in the consignment, because the dunnage may be considered as part of the consignment and may not be considered as wood packaging material

Imports that do not meet IN 32/2015 standards – or the packing material itself when it is not infested by pests and can be detached form the cargo – must be disposed of or returned to the exporting country by the importers. All costs and expenses incurred with the implementation of phytosanitary measures as demanded by the authorities will rest with the importers, carriers or bailees, as the case may be. It does not contemplate any sanctions against the carriers; however, carriers might be held liable for problems arising in containers carried under LCL shipments.

Since the regulation establishes that international carriers are responsible to adopt phytosanitary measures to ensure compliance, we strongly recommend that as a part of the cargo booking process the shippers are specifically asked to confirm whether the cargo contains wood packaging material and, if so, whether it is treated and certified according to relevant standards and provide the relevant certificates.

We remain at your disposal should you require additional information.

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