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REACH
“Only Representative”
It is
important to
note that
Pre-registration
and
subsequently
the
Registration
cannot be done
by the Indian
company that
shall be
implicated by
REACH.
Introduction
The European Union’s Registration, Evaluation, Authorization & Restriction of Chemicals
(REACH) Policy that has come into effect from the 1st June’ 2007, requires the Indian exporters
of chemicals and chemical- embedded products to pre-register and then subsequently register
the substance that they export into the European Union in amounts greater than 1ton per
annum with a central European Chemical Agency (EChA). This is absolutely necessary if the
Non-EU manufacturer, for example, an Indian manufacturer and exporter, wants to continue
exporting to the European countries.
Preserving confidential business information (CBI) of the company is the most perplexing and
challenging aspect of REACH. The only representative provision, which enables a non-EU
manufacturer to appoint an EU- based company or individual to fulfill the registration obligations
that would otherwise fall on the EU importer, is an avenue that may offer relief to many non-EU
chemical manufacturers that export chemicals, articles or chemical –embedded substances to
the EU and also to the EU importer of these substances.
Who is the “Only Representative”?
The “only representative” can be an EU based company or an individual and is the only authorized
legal entity to do the pre-registration and subsequent registration on behalf of the Indian companies
exporting chemical and chemical embedded products to the European Union.
“Only representative differs from the “sole representative” that many companies currently use
“Only representative” differs from the “sole representative” that many companies currently use
when exporting chemicals into the European Union to manage paper and ensure that a chemical's
importation and distribution comply with relevant E.U. laws, but the responsibilities of an "only
representative" are much broader.
The Indian exporting companies individually or collectively (in case of companies exporting the
same substance to Europe, shall have to appoint a legal entity, who shall be based in Europe and
do the pre-registration and subsequently registration on their behalf.
It is essential that the “only representative” should have the following qualifications:
“Only
representative”
provides a way
of dealing with
confidentiality
issues without
giving up
business
interests in
Europe
•
Sufficient background in the practical handling of substances and the information related to
them
•
Shall keep available and up-to-date information on quantities imported and the European
customers who have been sold that substance
•
Have information on the latest updates to the safety data sheet of substances that he is
responsible for registering
The only representative shall have to fulfill all the obligations applicable to the European importer.
In certain cases, the European importer may also act as the “only representative” for the non-EU
suppliers. If the “only representative” is appointed by a non-EU supplier, for e.g. an Indian
exporter, it is the duty of the Indian exporter to inform his importer of the appointment of the “only
representative”.
Advantages offered by the “Only Representative”
A non EU manufacturer may choose to appoint an only representative, rather than have their
importer register the substances, in order to have more control over the registration process without
having to disclose potentially sensitive information to an importer.
For EU importers this may have advantages, if the non EU manufacturer nominates an only
representative to register the substances they export to the EU, the importer will be relieved from
the obligation to act as the registrant under REACH and will be regarded as a downstream user.
“Only representative” provides a way of dealing with confidentiality issues without giving up
business interests in Europe and ensures that the name of a company is not disclosed to other
manufacturers, importers or downstream users
How can “REACH Support” help you!
REACH support can facilitate only representative services through it’s representatives
in Europe. Towards this, it has developed a commercial package.
For queries and services related to the “Only Representative” Please Contact
REACH Support
Expert Compliance Advisory Service for Indian Industries
301, 3rd Floor, “Samved Sankul”, Near MLA Hostel,
Civil Lines, Nagpur – 440001, Tel: +91-712-2552725/26 Telefax: +91-712-2562723
Website: www.reach-support.com
Email:[email protected], [email protected]