REACH requires all companies manufacturing or placing a substance on the EU market in quantities greater than 1t/year 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 submit registration by 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 registrations.
Benefits of Appointing REACH Only Representative (OR)
Note: Importers will be exempt from REACH registration if their non-EU suppliers have registered; however, importers need to confirm with their suppliers' Only Representative that they are included in 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 and Tonnage Coverage Certificate from the only representative of their suppliers before they put chemicals on the EU market.
Who Can Be Appointed as REACH 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). To be more specific, an only representative shall:
What does REACH Only Representative do?
In accordance with the Article 8 of REACH, the OR takes on the obligations of importers under REACH, in which case importers will be regarded as downstream users (thus do not need to register). Those obligations include:
How to Change REACH Only Representative?
Perhaps your existing REACH only representative(OR) has not communicated SIEF/consortium information to you, has not recorded customers sold to and quantities imported, has not completed adequate supply chain communications, does not have the capability to complete a REACH registration or charges you too much for their Only Representative (OR) service. If so, and if you are unsatisfied with your existing OR or you wish to transfer from your existing OR, it is possible to appoint CIRS as your new OR.
Non-EU companies have a right to change only representative if they are unsatisfied. If the non-EU manufacturer nominates a new only representative the newly appointed only representative can benefit from the pre-registration done by the previous only representative if ECHA is informed about the change. Normally the agreement shall be reached by previous OR, new OR and none-EU company that the previous OR agrees to terminate the Only Representative relationship and transfer all its liabilities and obligations under REACH to new OR. The power of attorney between new OR and none-EU company shall be reached for OR appointment, besides the OR transfer shall be done in REACH-IT.
Chemical Inspection and Regulation Service (CIRS) is a leading product safety and chemical management consulting firm providing valued product regulatory compliance service, tailored solutions and original information to help clients gain competitive advantage by reducing business risks associations with regulatory affairs and removing barriers to entry. CIRS has provided cost-effective regulatory support to over 3,000 companies while doing businesses in both the EU and China. CIRS is the largest REACH only representative in the world. Since 2007, we have:
CIRS is a recommended service provider by China Inspection and Quarantine Bureau, the US Mission to the EU and IDA. CIRS is also a member of Helsinki REACH Centre.