The 4 W’s and more of the OR role under EU REACH

If you are a non-EU manufacturer/formulator aiming to appoint an OR under REACH for the substances (as such, in mixtures or in articles) you export to the EU, here you will find answers to the most asked questions. At REACHLaw we are happy to provide you with REACH OR services to ensure full compliance in your business.  

What is an Only Representative under EU REACH? 

An Only Representative (OR) under EU REACH is a natural person or legal entity established physically in the EEA market that has been appointed by a non-EU manufacturer/formulator to carry out the REACH registration work related to their substances that are placed on the EU market.  The OR is responsible for complying with the legal requirements for importers under REACH and it should have sufficient knowledge in the practical handling of the substances and information related to them. ORs are required to register the imported quantities depending on the contractual arrangement with the non-EU manufacturer/formulator.  

More information can be found under Article 8 of the REACH Regulation 1907/2006.

Who can appoint an OR under REACH? 

Non-EU manufacturers/formulators can appoint an OR located within the EU/EEA to take part in the REACH registration process for their substances (as such, in mixtures and/or in articles) that are placed on the EU market and are subject to EU REACH registration requirements.  

How can a non-EU manufacturer/formulator appoint an OR under REACH? 

The non-EU manufacturer/formulator will need to sign an OR agreement with the OR located in the EU who is being appointed as OR. Furthermore, non-EU manufacturers/formulators will need to sign a OR letter confirming the appointment to their OR who must have it available in case of inspections by the relevant enforcement authority. Also, it is advisable that the OR will attach this letter of appointment to the registration dossier in section 1.7. 

Note that an OR can represent one or several non-EU manufacturers/formulators and must submit a separate registration dossier/substance/non-EU manufacturer or formulator. 

When should a non-EU manufacturer/formulator appoint an OR under REACH? 

If Non-EU manufacturers/formulators don’t want to rely on their importers’ registrations, then they can appoint a professional OR within the EU/EEA to carry out the REACH registration work applicable for their substances placed on the EU market. Substances subject to REACH must be registered first before they are placed on the EU market.  

Why would companies like to appoint an OR under REACH? 

If non-EU manufactures/formulators won’t want to be dependent on their importer’s registrations, then by appointing a professional and experienced REACH OR they will become commercially independent meaning that they can sell their substances subject to EU REACH to any EU importer they want to sell to.  In other words, by appointing a professional OR non-EU manufacturers/formulators will have control on their EU businesses by ensuring REACH compliance.   

Share this Post: