REACH requires all companies manufacturing or placing a substance on the EU market in quantities greater than 1t/yr to register that substance with the European Chemicals Agency (ECHA). For legal reasons, only companies with a legal entity in Europe are allowed to submit a registration; however, non-EU companies may do registration by setting up a new legal entity in EU or appointing an EU-based Only Representative to register on their behalf, in which case their importers will be regarded as downstream users and do not need to do registration.
Benefits of Appointing Only Representative
- Relieve importers of their obligations to register and obtain continued market access in the EU;
- Avoid dependence on a single importer and keep market access should one EU importer cease trading;
- Gain advantages over other non-EU suppliers who do not appoint OR to register their substances;
Note: Importers will be exempt from REACH registration if their non-EU suppliers have registered; however, importers need to confirm with their suppliers' OR that they are on the inventory of importers and their tonnage and uses are covered by the OR. This can be done by asking for REACH Certificate of Compliance from the only representative of their suppliers every time before they put chemicals in the EU market.
Who Can Be Appointed as Only Representative?
An Only Representative must be an EU-based legal entity that has a sufficient background in the practical handling of substances and the information related to them required by the REACH regulation Article 8(2).
What Do We Do as OR?
In according to Article 8 of REACH, OR is taking full obligations of importers under REACH, in which case importers will be regarded as downstream users (thus do not need to register). Those obligations include:
- Pre-register/register substances on your behalf;
- Supply Safety Data Sheets or transmit SDS along the supply chain and keep information on the supply of the latest update of the SDS;
- Keep an up-to-date list inventory of importers and the tonnage covered for each of these importers ;
- Be able to show enforcement authorities which imports are covered and quantities imported into the EU;
- Keep above information for at least 10 years and provide it to enforcement authorities upon request;
- May fulfill more obligations such as notification and authorization;
Please learn more about your otherobligations under REACH & CLP.
Would Like to Change OR?
Changing OR can be tricky. It is easy to terminate relationship with your current OR. However, once you terminate this relationship, you can no longer enjoy the benefits of extended registration deadline and need to do registration immediately. One way around it is to get your previous OR to agree to transfer REACH-IT account information to a new OR. Contractual agreement is needed. If your previous OR does not agree OR transfer, please talk to us for more solutions.
- Back -