The Council of the European Union has adopted a Commission Delegated Regulation re-establishing a temporary derogation from standard phytosanitary import rules for wood packaging material—specifically ammunition boxes—originating from the United States Department of Defense and manufactured before September 2007. The decision, published on 1 September 2026, allows these pre-2007 boxes to enter the EU under controlled conditions, including pre-notification, checks for marks and moisture content, and secure storage, instead of requiring the standard heat treatment or fumigation mandated by International Standard for Phytosanitary Measures No. 15 (ISPM 15). The derogation will apply until 31 December 2030.
Background and Legal Basis
The derogation is based on Article 43(1) of Regulation (EU) 2016/2031 on protective measures against plant pests. It follows a previous derogation under Delegated Regulation (EU) 2022/1456, which expired. The Commission assessed that the special conditions—including the age of the wood (over 19 years) and the specific origin—sufficiently mitigate the risk of introducing harmful organisms, such as pinewood nematode, into the EU. The new act replaces the expired measure and extends the exemption for another four years.
Policy Orientations and Trade-offs
The decision reflects a balance between facilitating trade and maintaining biosecurity. On one hand, it reduces administrative and treatment costs for US military suppliers and EU importers of defence-related goods. On the other hand, it deviates from the strict application of ISPM 15, which is the global standard for wood packaging. The derogation is limited in scope—only pre-2007 ammunition boxes from the US Department of Defense—and includes safeguards such as mandatory pre-notification and physical checks at EU border inspection posts.
Impact on Stakeholders
- EU producers of wood packaging: Minor negative impact, as the derogation may reduce demand for new treated wood packaging for this niche segment, but the volume is negligible.
- EU importers and defence logistics firms: Positive impact, as they avoid the cost and delay of treating old ammunition boxes, estimated at several hundred euros per container.
- National plant health authorities: Moderate administrative burden from additional checks and pre-notification procedures, but the risk of pest introduction is considered low.
- US Department of Defense: Positive impact, as it can reuse existing stocks of ammunition boxes without costly treatment, supporting military logistics efficiency.
Institutional Follow-up
The Council has adopted the delegated regulation without amendment. It will enter into force on the twentieth day following its publication in the Official Journal of the European Union. The Commission will monitor the implementation and may propose further extensions or adjustments based on risk assessments. No further action from the European Parliament is required for delegated acts under Article 290 TFEU.