REACH compliance: Only Representative of non-EU manufacturer

Companies based outside the EEA must choose a EU-based only representative to take over the tasks to achieve REACH compliance. This can simplify access to the EU market, secure the supply and reduce the responsibilities for importers.


Who can appoint an only representative?

Natural or legal person established outside of the EU who manufactures substances, formulates mixtures or produces articles, can nominate an only representative located within the EU to carry out the required registration of their substances that are imported (as such, in mixtures and/or in articles) into the EU.


Distributors are not mentioned in Article 8(1) of REACH and thus cannot appoint an only representative.


The only representative will have to fulfil the registration obligations of importers (Title II of REACH) and all other obligations of importers to achieve REACH compliance.


Who can be appointed as an only representative?

A non-EEA company may, by mutual agreement, appoint a natural or legal person established in the European Economic Area (EEA) to act as his only representative.


According to REACH this representative shall comply with all obligations of importers under REACH. Therefore, the only representative is required to have sufficient background in the practical handling of substances and the information related to them.


Is there a special procedure to appoint an only representative?

The issue of becoming an only representative is a question of mutual agreement between the "non-EU manufacturer" and the natural or legal person established in the EU who is being appointed as an only representative.


"Non-EU manufacturers" need to send a letter confirming this appointment to their only representative who must have it available in case of inspection. No such letter has to be sent to ECHA. However, when compiling the registration dossier in IUCLID the only representative is advised to attach this letter of appointment to the registration dossier in the field "Official assignment from non EU manufacturer".


Our REACH only representative service costs 250 to 500 € per substance per year depending on the number of substances.


If you are looking for a cost-effective REACH only representative or wish to change only representative, please don't hesitate to contact us (info@chem-consulting.si).


SOURCE: ECHA