What shall a non-EU manufacturer do when appointing an Only Representative?
When appointing an Only Representative, it is necessary that the “non-EU manufacturer” provides his Only Representative with up-to-date information on the list of EU importers which should be covered by the registration of the Only Representative and the quantities imported into the EU.
The “non-EU manufacturer” has to inform all the EU importers in the same supply chain that he has appointed an Only Representative to conduct the registration thus eventually relieving the importers from their registration obligations. The list of the importers that are covered by the registration is to be reported in IUCLID.
A “non-EU manufacturer” can only appoint one Only Representative per substance. Both the Only Representative and the importer must be able to clearly document to enforcement authorities which imports are covered by the registration of the Only Representative. Otherwise, the importer remains responsible for all his imports.
How can a non-EU manufacturer help an Only Representative in preparing for pre-registration?
In most cases it is anticipated that ‘non-EU manufacturers’ will provide all necessary data for the pre-registration by the only representative appointed by him. The ‘non-EU manufacturer’ may wish to make himself aware of the information requirements laid down in REACH and start collecting the relevant information. This may include the correct naming of the substance and information on its composition. This is explained more in detail in the ‘Guidance for identification and naming of substances under REACH’. It also includes assessment of all information available to the non-EU manufacturer about the intrinsic properties of the substances (see REACH annex VII to XI).