Union Importer (EU Conflict Minerals Regulation)

A Union importer under Regulation (EU) 2017/821 is any natural or legal person established in the EU who declares minerals or metals containing or consisting of tin, tantalum, tungsten, or gold for release for free circulation into the EU. Union importers above the volume thresholds specified in Annex I of the Regulation are subject to mandatory supply chain due diligence obligations. The regulation applies to importers of both raw minerals/ores and semi-processed or processed metals at specified Combined Nomenclature (CN) codes.

Regulation (EU) 2017/821, Article 2(g) and Article 1(3); Annex I (volume thresholds and CN codes).

Being a Union importer is the primary trigger for EU Conflict Minerals Regulation obligations. Unlike the U.S. Dodd-Frank regime (which targets downstream manufacturers), the EU regulation directly targets importers of 3TG minerals and metals entering the EU market. Downstream EU manufacturers who do not directly import 3TG minerals or metals are not legally obligated — but they may receive due diligence requests from their upstream EU importer suppliers. Companies should determine their CN code classification for imported minerals/metals and check volume thresholds in Annex I.

A French trading company imports 3,000 kg/year of gold in unwrought form (CN 7108 12 00) — above the Annex I threshold. As a Union importer, it must implement the OECD five-step due diligence process, verify RMAP conformance of gold refiners in its supply chain, maintain records, and report to the French customs authority.