Finding the right Only Representative

REACH places no obligations on suppliers established outside the EEA, with the responsibility falling to their importing customers. In many cases such importers need support from their suppliers to fulfil their duties, and often the supplier wants to be actively involved to protect their EEA trade under REACH. As such, non-EEA companies that manufacture substances, formulate mixtures or produce articles may appoint an “Only Representative” to carry out the duties of those importers.

For many non-EEA producers choosing the right consultant can be difficult. This document aims to highlight some of the important points you may wish to consider when selecting your OR. Don’t forget, if you are looking for an Only Representative, or legal advice about an OR appointment, REACHReady’s Matchmaker scheme can put you in touch with reliable, suitable Approved Service Providers.

Finding the right Only Representative – the choice

Some key facts should be considered to put the advice in context:

The OR must be in the EEA and appointment is by the non-EEA substance manufacturer, mixture formulator or producer of articles.
The non-EEA principal may choose to do most of the technical work themselves and can take part in SIEF discussions.
The importers covered by the OR’s appointment need to be in contact with the OR so that tonnages can be tracked and exposure information can be exchanged.
The OR can be dismissed from their position by the non-EEA company, and may resign their role; commercial contract arrangements are important for all parties involved to ensure minimal interruption in supply. REACH-IT allows a change of OR to be reported to ECHA.