The inspection by the Brazilian Ministry of Agriculture, in compliance with the international regulations to which we are signatories, has been intensifying the inspections of wooden packaging of goods during the international logistics processes in Brazil, which has caused great inconvenience to the community of Brazilian exporters and importers.
It is known that the signatory countries of the International Convention on Environmental Protection (IPPC) are subject to international rules for the protection and suitability of transport packaging, adopting the ISPM-15 mark as mandatory for wooden packaging, according to the legislation.
The International Conditions of Sale and Purchase - Incoterms define in its general rules the concepts of packaging:
- Packaging of the products to meet any requirements of the sales contract;
- The packaging of the products so that they are suitable for transport;
Among the obligations noted in the Incoterms, there is the instruction below, listed among the obligations of the Seller:
A.9 - Verification - Packaging - Marking / Inspection of goods:
- The seller shall pay the costs of such operations, where necessary to deliver the goods accordingly, as well as the cost of any pre-shipment inspection required by the exporting country, including providing suitable packaging for transportunless the buyer gives instructions to the contrary.
Considering that IPPC defines appropriate packaging as "that properly treated and stamped", there is no doubt about the seller's responsibility to deliver the appropriate packaging, in the eyes of Incoterms and IPPC, to the buyer.
An important point to note is that throughout the available base of studies on the subject, it is clear the need to formalize these conditions in the contract of sale to avoid noise in communications during the logistical processes.
If you are interested in knowing more about this subject or have questions on another subject related to Brazilian foreign trade, please contact us!