An Only Representative is according to article 8 of the REACH regulation 1907/2006 a �natural or legal person established outside the community who manufactures a substance on its own, in mixtures or in articles, formulates a mixture or produces an article that is imported in the Community to fulfill, as his only representative, the obligations on importers under this Title.�
According to ECHA�s summary Only representatives have to be:
As explained above, non-EU companies can take part in the REACH registration process via an Only Representative (OR). The OR represents your interests before the European authorities, ensures your REACH compliance and fulfils all your legal responsibilities.
When choosing an OR you have three options as a non-EU company:
You should appoint an OR if you want to better control the business you do with European customers and have more choice when it comes to new collaborations. If you choose not to appoint an OR you will be restricted in your client choice and will only be able to deal with REACH compliant clients.
Basically you could be faced with two situations:
Follow our example:
If a company sells 95 metric tonnes (MT) to �company B� then �company B� must ensure REACH registration for the tonnage band 1-100 MT. When the non-EU company A starts selling 10 MT to Company B, there are two options:
1) Company B can update its registration dossier with the non-EU company�s data to ensure REACH compliance with the higher tonnage band: 100 to 1,000 MT. In this case, �company A� forces �company B� to update its registration dossier to a higher tonnage band.
2) �Company B� can require �company A� to appoint an Only Representative so that he does not have to updated its registration dossier to a higher tonnage band.
Appointing an Only Representative is a win-win situation for �company A� and �company B�:
An Only Representative is according to article 8 of the REACH regulation 1907/2006 a �natural or legal person established outside the community who manufactures a substance on its own, in mixtures or in articles, formulates a mixture or produces an article that is imported in the Community to fulfill, as his only representative, the obligations on importers under this Title.�
According to ECHA�s summary Only representatives have to be:
As explained above, non-EU companies can take part in the REACH registration process via an Only Representative (OR). The OR represents your interests before the European authorities, ensures your REACH compliance and fulfils all your legal responsibilities.
When choosing an OR you have three options as a non-EU company:
You should appoint an OR if you want to better control the business you do with European customers and have more choice when it comes to new collaborations. If you choose not to appoint an OR you will be restricted in your client choice and will only be able to deal with REACH compliant clients.
Basically you could be faced with two situations:
Follow our example:
If a company sells 95 metric tonnes (MT) to �company B� then �company B� must ensure REACH registration for the tonnage band 1-100 MT. When the non-EU company A starts selling 10 MT to Company B, there are two options:
1) Company B can update its registration dossier with the non-EU company�s data to ensure REACH compliance with the higher tonnage band: 100 to 1,000 MT. In this case, �company A� forces �company B� to update its registration dossier to a higher tonnage band.
2) �Company B� can require �company A� to appoint an Only Representative so that he does not have to updated its registration dossier to a higher tonnage band.
Appointing an Only Representative is a win-win situation for �company A� and �company B�: