The European Union: No Data, No Market!
According to the REACH regulation of the European Union, which entered into force in the year 2007, all substances by themselves and all substances which are contained in mixtures or intentionally released from products, must be registered for marketing and/or use in the European market, and their delivery chains must be traceable.
However, if a manufacturer that is established outside the EU would like to export its products into the EU, it cannot register the aforementioned substances by itself, but, according to Article 8 of the REACH regulation, must appoint a sole representative (“Only Representative” = “OR”) which is established in the EU and assumes sole responsibility for all the EU obligations that apply to importers, including all obligations of registration.
An Only Representative can be any natural or legal person that is established in the EU, provided only that it has the requisite technical knowledge.
The REACHECK OR Service UG (limited liability) meets these requirements for OR’s and would be glad to support you comprehensively with your exports into the EU.
Art. 8 of EU regulation 1907/2006 (Source: www.eur-lex.europa.eu)
Only representative of a non-Community manufacturer
1. A natural or legal person established outside the Community who manufactures a substance on its own, in preparations or in articles, formulates a preparation or produces an article that is imported into the Community may by mutual agreement appoint a natural or legal person established in the Community to fulfil, as his only representative, the obligations on importers under this Title.
2. The representative shall also comply with all other obligations of importers under this Regulation. To this end, he shall have a sufficient background in the practical handling of substances and the information related to them and, without prejudice to Article 36, shall keep available and up-to-date information on quantities imported and customers sold to, as well as information on the supply of the latest update of the safety data sheet referred to in Article 31.
3. If a representative is appointed in accordance with paragraphs 1 and 2, the non-Community manufacturer shall inform the importer(s) within the same supply chain of the appointment. These importers shall be regarded as downstream users for the purposes of this Regulation.