This article will outline the steps involved and the cost Changing your Only Representitiveconsiderations of changing an Only Representative.Only Representatives have legal obligations as outlined in the REACH Regulation.By appointing an Only Representative, Non-EU Manufacturers and Formulators have selected one entity to assume the REACH registrations obligations for substances that they supply to the EU market. However,
Despite this delegation of responsibility, Non-EU Manufacturers and Formulators have the option to move between different Only Representative entities to ensure that they get the required level of support.
Step 1: Initiation and Termination
This involves engaging with the new Only Representative and notifying the existing Only Representative that you intend to terminate services. Prior to informing the current Only Representative, you should review the terms and conditions (contract) being offered by the new Only Representative. Assuming this contract outlines the improvement in Only Representative services that are desired; notify the current Only Representative that you intend to terminate services.
Step 2: REACH IT Transfer
The transfer of existing pre-registrations, inquiries and registrations are completed within REACH IT. In order for this to occur you need the cooperation of the existing and new Only Representatives. The existing Only Representative will initiate the process and it will be completed by the new Only Representative. Both Only Representatives will need to prepare and upload a document to REACH IT confirming the Only Representative change that is taking place.
If the transfer involves the movement of a registered substance, then this will result in an invoice being sent by ECHA. This invoice will be €1,500 for each legal entity change completed.
Step 3: Data Transfer
The existing Only Representative should been collecting and archiving data on their systems. It is important that you agree with the existing Only Representative that they provide a copy of this data. This data can subsequently be passed on the new Only Representative for use in preparation of registration dossiers and notifying Downstream Users (EU Importers) of the Only Representative change.
Depending on the contract in place with the existing OR, a termination fee may be charged for the transfer of this data.
Conclusion:
The transfer of Only Representative responsibilities from one entity to another is a straight forward process. The complications arise when the existing Only Representative refuses to cooperate in the transition. Hence, it is important that you check your current Only Representative contract to ensure that a provision is included to allow for the transfer of Only Representative obligations. It is also wise to confirm what termination fees would be incurred if you proceeded with the transfer. Once this is done, simply select your preferred service provider.
H2 Compliance:
H2 Compliance has an established and respected Only Representative service that has been in existence since 2008. We represent clients from various industries and aim to be proactive in informing them of how REACH will affect their products. We have a dedicated secure software system, element1, to manage the REACH obligations for our clients.
Contact H2 Compliance to organise a demonstration on the scope of our Only Representative service.