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REACH Only Representative:
What are the consequences for the EU importers?
REACH Only Representative Service
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What are the consequences for the EU importers?
When an importer receives information from a ”non-EU manufacturer” in his supply chain that an Only Representative has been appointed to cover the registration obligations, this importer will be regarded as a downstream user of the Only Representative for the tonnage covered by the registration of the Only Representative. This change of status from importer to downstream user only pertains to the same supply chain, i.e. to the tonnage imported from the “non-EU manufacturer” having appointed the Only Representative. If this importer also imports the substance from other non-EU suppliers, he still has to register the tonnage imported from this or these non-EU suppliers.
Although the importer will receive confirmation from his “non-EU manufacturer” on the appointment of the Only Representative, he should preferably also obtain confirmation in writing from the Only Representative that his imported tonnage and use is indeed covered by the registration submitted by the Only Representative. This would not only provide the importer with the contact point to whom he, as acting as a downstream user, can make his use known, but would also give the importer a clear documentation that the imports are indeed covered by the registration of the Only Representative, as otherwise he remains responsible for the imports.
In case the importer does not want to disclose all information on his use to the Only Representative, he can, as any downstream user, report to the Agency according to Article 38 and prepare a Chemical Safety Report in accordance with Annex XII.
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