The Only Representative can be appointed by a non-EU:

- manufacturer of a substance imported in the EU on its own, as an ingredient in a preparation or in an article OR
- formulator of a preparation imported into the EU OR
- producer of an article imported into the EU
The Only Representative:
- fulfils, on behalf of a non-EU manufacturer, the obligations placed by REACH on all registered EU importers
- must “have a sufficient background in the practical handling of substances and the information related to them”
- must also maintain up-to-date information on the supply of the latest update of the safety data sheet to all importers, etc.

The duties of the Only Representative will begin when pre-registrations are submitted (between 1st June and 1st December, 2008) and will then continue into the future.

BCS is able to provide an Only Representative service which can cover all aspects of pre-registration, SIEF membership if appropriate, preparation and submission of registration dossiers plus all associated negotiations. Our professional expertise and standing is recognized by both regulators and chemical industry personnel dealing with the implications of REACH.

Benefits of appointing an Only Representative:

- many importers of the same substance in a supply chain, across all EU/EEA Member States, will be covered by a single registration procedure
- EU importers will be considered only as Downstream Users, without the legal obligations associated with registration
- for pre-registration, SIEF (consortium) discussions, registration, prior registration enquiries, etc. the Only Representative will be identified to other registrants but the identity of the non-EU company which appointed the Only Representative can be held confidential from them (note: some/most industry REACH consortia may insist on knowing this identity)
- reduction of costs: with many registrations condensed into one Only Representative notification there is an opportunity to save on fees. Only Representative participation in SIEF’s (instead of multiple importers) also has the potential to reduce data sharing costs.

What this means for you – non-EU manufacturer or distributor

- a degree of control over the registration process for your substance (if left entirely to each individual importer the manufacturer may be left with little input into the registration, with possible unfavourable consequences in the registered impurity profile, Chemical Safety Report conclusions and final Classification and Labelling)
- simplification of supply chain logistics, with many Importer registrations condensed into one Only Representative whilst still permitting the same range of imports as shown below.

Figure 1: Importer Registrations (arrows represent possible routes of supply with potential for up to 9 registrations (blue arrows) under REACH)

Figure 2: Only Representative Registrations (arrows represent possible routes of supply now with 1 REACH registration (green arrow) still allowing all 9 routes of supply into the EU (blue arrows)

What this means for you – EU importing company

An Importer now becomes a Downstream User and responsibilities under REACH are considerably simplified

- Substance registration: Only Representative takes responsibility for this. Downstream User must supply registrant with significant usage information to allow preparation of an Exposure Scenario (or prepare their own Chemical Safety Report)
- Supply Chain Communication: pass new information up the supply chain, Safety Data Sheets down the supply chain
- Authorisation: Only Representative can take responsibility. Downstream User must respect all authorised use restrictions. Downstream User can apply for authorisation of their own (or their customer’s) use if not already authorised
- Marketing and Use Restrictions: Downstream User must respect all restrictions listed in REACH Annex XVII (to be published by 1st June 2009)

If you interested in our Only Representative services, please contact us by phone, email or by using the contact form our website.