– 27, paragraph 2 – the obligation to do everything in its power to reach an agreement for both parties; Customers are also required to provide in advance any new information on hazardous properties, regardless of the use in question, and any other information that may call into question the adequacy of the risk management measures indicated in a safety data sheet provided to them. That is why you should be the only representative with mechanisms to facilitate this upstream communication. As the sole representative, you are responsible for providing information to importers, to your downstream users, so that these security data sheets can be obtained. – 27 (5) – communication with ECHA in the event of a failure of an agreement; The non-EU company informs importers in the same supply chain of the appointment of a single representative. These importers will then be considered downstream users of REACH. REACH registration by a single representative can cover the quantities of a substance imported into the EU directly by non-EU producers or through distributors or formulators from non-EU countries. Therefore, as long as the producer of non-EU countries can track and document the channels through which the substance or mixture is imported into the EU, the quantities can be covered by the representative alone. Producers from non-EU countries can change their representative alone. – 27 (4) – communication between previous and potential filers on information in the event of an agreement; REACH applies only to legal entities established in the European Economic Area. Companies outside Europe are not able to directly meet REACH obligations. Therefore, customers of a non-European supplier, as an importer, must comply with all the obligations under reach regulation, which is a clear disadvantage compared to buying from a European manufacturer.
However, third-country companies may appoint a single representative (OR), based in Europe, who will assume the tasks and responsibilities of complying with the rules in accordance with Article 8 of REACH. This can facilitate access to the EEA market for their products, guarantee supply and reduce the responsibility of the European customer. It will be up to the representative alone to fulfill all the obligations that importers of your products will have to meet. This includes submitting to the European Chemicals Agency (ECHA) a pre-registration file and a REACH registration file for the substance imported into the EU before the deadlines expire. It will also be the sole responsibility of the representative to provide the information and update (i) the imported quantities and (ii) the importers affected by the appointment and (iii) to provide the latest update to the security data sheet.