| The EU has again amended the Sole Representative Rule for the REACH Directive (NO. 27/2008) |
On April 14, 2008, the European Chemicals Agency (ECHA) held a REACH workshop in Brussels, Belgium – the final stage of pre-registration and registration of chemicals. At the workshop, Otto Linher of ECHA explained that the sole representatives (ORs) appointed by non-EU manufacturers to register chemicals would be able to submit separate registrations for each manufacturer. However, this decision has recently changed.
A non-EU substance manufacturer whose substance is indirectly exported to the EU through a non-EU formulator (which uses the substance in its preparation), can designate an OR to register the tonnage of the substance exported by the non-EU formulator.
ECHA's latest registration guidelines, published in May 2008, recommended that non-EU manufacturers could designate an OR to register the tonnage of substances exported by non-EU wholesalers. However, these guidelines did not specify whether non-EU manufacturers could designate an OR to register the tonnage of substances exported by formulation manufacturers. The Committee has now clarified that this is possible. It appears this applies to non-EU manufacturers themselves, directly and indirectly, exporting the same substances to the EU.
Non-EU manufacturers who decide to change the OR previously designated for a specific substance only need to submit updated information to the European Chemicals Agency, instead of submitting the full registration file.
The registration guidelines also state that a redesignated OR may be required to submit a new registration file. This appears to indicate that the Commission has returned to its position previously stated in June 2007 – a new OR can easily update its registration file with the consent of the previous OR. The above provides general guidance on the subject; individual companies should still seek advice from relevant experts regarding their specific circumstances.
REACH pre-registration
Pre-registration of REACH phased substances (including those in preparation and finished products) commenced on June 1, 2008, and will last for six months, ending on December 1, 2008. Those who miss the pre-registration deadline will be unable to continue exporting products to the EU and must wait until they have submitted their registration application and received no objection from the European Chemicals Agency (ECFA) within three weeks before they can continue importing into the EU. For any questions regarding the detailed procedures, please feel free to contact us by letter or telephone.
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