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ORO Position Paper

07. Aug. 2009

ORO claims justified Only Representative change for Non-Community Manufacturers toward ECHA and Commission

The REACH-IT System currently does not allow changing the Only Representative (OR) for a pre-registered or registered substance. Though legally possible and in compliance with REACH - this functionality is not yet available and according to ECHA, the agency is planning to make such functionality available later on this year. ...

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Home About ORO REACH Article 8

REACH Art. 8

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The role of an Only Representative has been newly created by REACH!

REACH Art. 8 is the only article in the whole regulation, referring to the Only Representative and to his obligations in the REACH process.

Article 8
Only representative of a non-Community manufacturer.

  • 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.
  • 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.
  • 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.

 

 

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