|
REACH Only Representative:
What are the tasks of the Only Representative?
REACH Only Representative Service
Easy/Simple/Quick/Low-cost solutions for non-EU manufacturers!
(from 99£/year only!  Click here to Order NOW save up to 35% )
What are the tasks of the Only Representative?
An Only Representative is fully liable for fulfilling all obligations of importers for the substances he is responsible for as a registrant. These do not only pertain to registration but also all other relevant obligations such as pre-registration, communication in the supply chain, notification of substances of very high concern (SVHC), classification and labelling and any obligations resulting from authorisations or restrictions etc. (see Art. 8(2)).
The Only Representative registers the imported quantities depending on the contractual arrangements between the “non-Community manufacturer” and the Only Representative.
REACH does not distinguish between direct and indirect imports into the EU. It is essential that there is a clear identification of:
- who in the supply chain of a substance is the manufacturer, formulator or producer of an article;
- who has appointed the Only Representative;
- which imports the OR has responsibility for.
As long as the above conditions are met, it does not matter what are the steps or supply chain outside the EU between the manufacturer, formulator or producer of an article and the importer in the EU.
It should, however, be pointed out that the use of the Only Representative facility creates the need for exact documentation on which imported quantities of the substance are covered by the Only Representative registration and which imported quantities are not. The Only Representative will need this information to fulfil his obligation under Article 8(2) to keep available and up-to-date information on quantities imported and customers sold to. Moreover, the importer will also need to know whether a concrete quantity of the substance in a preparation is covered by the registration of the Only Representative of the substance manufacturer, as he would otherwise be subject to a registration requirement himself. This documentation will need to be presented to the enforcement authorities upon request.
The registration dossier of the Only Representative should comprise all uses of the importers (now downstream users) covered by the registration. The Only Representative shall keep an up-to-date list of EU customers (importers) within the same supply chain of the “non-Community manufacturer” and the tonnage covered for each of these customers, as well as information on the supply of the latest update of the safety data sheet.
For phase-in substances the Only Representative will have to pre-register the substance in order to benefit from the extended registration deadlines and will subsequently become participant of the Substance Information Exchange Forum (SIEF).
Although the Only Representative is legally responsible for the registration, it can be anticipated that in many cases, it will be the “non-Community manufacturer” that will provide him with all necessary data for his registration dossier.
The Only Representative can represent one or several “non-Community manufacturers”. If it acts on behalf of several “non-Community manufacturers” it must submit a separate registration for each of these substance manufacturers. The tonnage of the substance to be registered in each registration is the total of the tonnages of the substance covered by the contractual agreements with the Only Representative and the specific “non-Community manufacturer” represented by him. The information requirement for the registration dossier shall be determined according to this tonnage. By making separate submissions, the confidential business information of the “non-Community manufacturer” can be preserved and equal treatment with EU manufacturers can be ensured (EU manufacturers must submit separate registration dossiers for each legal entity).
Need more information or assistance?
Let Wellkang be your REACH Only Representative and
Pre-register your chemicals under REACH regulation in EU!
Contact us now for a quote!
|
.gif){kind=small}
