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:
- A natural person or legal entity established physically in the European Economic Area (EEA)
- Equipped with sufficient knowledge in the practical handling of the substances and information related to them
- Appointed by a mutual agreement with a manufacturer, formulator or article producer, established outside the EEA
- Responsible for complying with the legal requirements for importers under REACH
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 set up a legal entity based in Europe that will act as your OR. This option requires legal & administrative preparation. Also, you should be aware that the legal entity must be a real company, not just a postal address, i.e. authorities should be able to talk to a representative directly.
- You designate your EU customer (distributor or importer) to act as your OR. This option is risky in the sense that you have to be ready to share some proprietary & confidential information with your customer. You will also find that mixing business with compliance will bring a different nature to your collaboration.
- You designate a regulatory consulting firm such as EcoMundo. This option allows you to trust a neutral company expert in REACH compliance.
Why do I need to appoint an Only Representative?
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:
- Your EU client is already REACH compliant and they accept to take into consideration the tonnage that you sell to them, i.e. you are covered by your client's REACH registration.
- Your EU client is not compliant, or does not want to register for any supplier: you cannot do business with such client unless you designate an OR and take care of your own REACH compliance.
Follow our example:
A company A, established outside the European Union, sells 95 tons of a substance to company B. Company B registers for REACH in the 1-100 ton range. When company A, established outside the EU, starts selling an additional 10 tons of this substance, two options arise:
- Company B can update its REACH registration dossier to include the tonnage from company A. In this case, it must ensure compliance with the regulatory requirements for the 100-1000 ton range per year. In this case, company A forces company B to update the registration.
- Company B can ask company A to use an OR so that they are not required to update their registration for the higher tonnage.
Designating an Exclusive Representative is a beneficial solution for both parties:
- Company B avoids the additional costs of updating its REACH registration dossier.
- Company A secures its business relationship with company B and will be able to find new customers within the EU.
By designating an OR, you gain a competitive advantage through your regulatory compliance. EU clients will be more likely to do business with you!"
EcoMundo can become your Only Representative
EcoMundo guides you through every step of the REACH registration process. Discover our expertise:
- OR services (we are based in France and the UK)
- REACH and REACH-like regulatory consulting
- REACH and REACH-like registration dossiers
- Member dossier creation in IUCLID format
- Regulatory strategy
- Lead registrant support
- SIEF management
Want to learn more about REACH registration?
For more information, feel free to contact our experts.
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:
- A natural person or legal entity established physically in the European Economic Area (EEA)
- Equipped with sufficient knowledge in the practical handling of the substances and information related to them
- Appointed by a mutual agreement with a manufacturer, formulator or article producer, established outside the EEA
- Responsible for complying with the legal requirements for importers under REACH
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 set up a legal entity based in Europe that will act as your OR. This option requires legal & administrative preparation. Also, you should be aware that the legal entity must be a real company, not just a postal address, i.e. authorities should be able to talk to a representative directly.
- You designate your EU customer (distributor or importer) to act as your OR. This option is risky in the sense that you have to be ready to share some proprietary & confidential information with your customer. You will also find that mixing business with compliance will bring a different nature to your collaboration.
- You designate a regulatory consulting firm such as EcoMundo. This option allows you to trust a neutral company expert in REACH compliance.
Why do I need to appoint an Only Representative?
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:
- Your EU client is already REACH compliant and they accept to take into consideration the tonnage that you sell to them, i.e. you are covered by your client's REACH registration.
- Your EU client is not compliant, or does not want to register for any supplier: you cannot do business with such client unless you designate an OR and take care of your own REACH compliance.
Follow our example:
A company A, established outside the European Union, sells 95 tons of a substance to company B. Company B registers for REACH in the 1-100 ton range. When company A, established outside the EU, starts selling an additional 10 tons of this substance, two options arise:
- Company B can update its REACH registration dossier to include the tonnage from company A. In this case, it must ensure compliance with the regulatory requirements for the 100-1000 ton range per year. In this case, company A forces company B to update the registration.
- Company B can ask company A to use an OR so that they are not required to update their registration for the higher tonnage.
Designating an Exclusive Representative is a beneficial solution for both parties:
- Company B avoids the additional costs of updating its REACH registration dossier.
- Company A secures its business relationship with company B and will be able to find new customers within the EU.
By designating an OR, you gain a competitive advantage through your regulatory compliance. EU clients will be more likely to do business with you!"
EcoMundo can become your Only Representative
EcoMundo guides you through every step of the REACH registration process. Discover our expertise:
- OR services (we are based in France and the UK)
- REACH and REACH-like regulatory consulting
- REACH and REACH-like registration dossiers
- Member dossier creation in IUCLID format
- Regulatory strategy
- Lead registrant support
- SIEF management
Want to learn more about REACH registration?
For more information, feel free to contact our experts.
