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)
- Relieve importers of their obligations to register and obtain continued market access in the EU (many EU importers will try to avoid registrations by purchasing REACH registered chemicals);
- 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' 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:
- have the ability/expertise to understand and implement the responsibilities of an importer that only representatives take on under the provisions of REACH (pre-registration, registration, authorization, etc);
- be capable of keeping an up-to-date list of EU importers within the same supply chain of the non-EU manufacturer it represents;
- have a record-keeping system with data on imported quantities and all uses covered;
- be capable of keeping the latest information on the supply of safety data sheets;
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:
- Maintain pre-registration data(company identity, annual tonnage, etc ) submitted to ECHA through REACH-IT;
- Represent your company in SIEF/Consortium after pre-registration and keep you informed of the latest progress of SIEF/Consortium;
- Supply Safety Data Sheets or transmit SDS along the supply chain and keep information on the supply of the latest update of the SDS;
- Communicate with EU importers and regulatory authorities and issue necessary documents to ensure REACH compliance;
- Keep an up-to-date list on the inventory of importers and the tonnage covered for each of these importers and keep the above information for at least 10 years and provide it to enforcement authorities upon request;
- Registration, notification and authorization of substances(additional contract needed).
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:
- pre-registered over 10,000 substances;
- registered over 1,000 substances;
- served as lead registrant for over 100 substances;
- prepared over 5000 REACH SDS and CLP labels to date;
- acted as only representative for over 3,000 non-EU companies;
- served clients in more than 25 countries;
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.