The Only Representative - Legal Framework & Service Agreement
- Definition : Only representative of a non-Community manufacturer [Article 8]
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.
The only representative takes over all EU importer obligations under REACH. [Time table]
- Highlights of B-Lands Only Representative (OR) Service (For Non-EU companies)
Since 2007, B-Lands Consulting a France based consultancy firm, has been providing Only Representation services to a large number of companies worldwide. Our clients under the Only Representative legal framework include small and medium-size enterprises (SMEs), as well as, large companies and sizable production units, exporting chemicals to the European Union.
The liability (Heavy fines, prison terms) of the Only Representative with regard to EU Laws: A strong rationale for providing flawless OR administrative services.
Note: We also provide services for EU based companies under the Third Party Representative legal frame [Article 4].
OR Legal Representation:
In its capacity of appointed Only Representative (OR) B-Lands is legally responsible for undertaking the REACH compliance process (Pre-registrations, Registrations, Notifications, CLP compliance, etc.) on behalf of the represented party in the EU.
The company also keeps up to date records on imported volumes of substances, along with other obligations set on Articles 31 through 36.
Transmission/verification of the (pre-) registration numbers.
Transmission of the information on substance manufacturing, or uses - Use Descriptor System [See B-Lands Consulting's template].
Guidance on safe use of substance.
Additional OR Duties:
Certification: Generation of compliance certificates [1][2] at the request of EU customers, or enforcement authorities.
Confidentiality: Protection of client’s confidential business information (CBI) throughout the REACH processes involving communication with other potential registrants.
Legislation monitoring: Monitoring of the evolution of the regulation (list of restricted substances, etc), monitoring of related and interacting regulations (CLP/GHS), monitoring of member state implementations.
Helpdesk: Email, writing (preferred), and by phone.
- Change of REACH Only Representative - Transfer of OR responsibility
B-Lands Consulting handles quickly and professionally the administrative work required for the change of OR in liaising with the former OR and ECHA, without direct involvement of the client. Details.
