How an Only Representative Simplifies REACH Compliance: Your Single Point of Responsibility

For manufacturers supplying chemicals into Great Britain or the EU, REACH compliance can present challenges, particularly when supplying multiple customers.

Each importer may have its own registration obligations, associated costs and administrative requirements. For an overseas manufacturer, this can make it more difficult to manage regulatory compliance across its customer base.

Appointing an Only Representative (OR) offers an alternative.

An OR can take on the relevant REACH obligations for imports covered by the arrangement, allowing manufacturers to manage compliance centrally rather than relying on individual customers to maintain their own registrations.

This can make supplying chemicals into the UK and EU markets more straightforward, both for manufacturers and their customers.

Why appoint an Only Representative?

Under both UK REACH and EU REACH, businesses importing substances at one tonne or more per year generally need to ensure those substances are registered, unless an exemption applies.

For an overseas manufacturer supplying several customers, this can mean multiple importers managing separate registrations for the same substance.

Each importer may need to obtain access to technical data, pay registration fees and maintain its registration over time. These requirements can add costs and administration for customers purchasing chemicals from outside the market.

By appointing an OR, a manufacturer, formulator or article producer based outside the relevant market can take a more coordinated approach.

The OR assumes the applicable importer obligations for the supplies covered by the appointment. Customers covered by the arrangement are treated as downstream users rather than importers for REACH purposes, meaning they no longer need their own registrations for those imports.

For manufacturers, there are several practical benefits:

• Reducing the burden on customers: Customers do not need to manage their own REACH registrations for imports covered by the OR.
• Supporting sales and market access: Removing the need for customers to register substances can make purchasing from an overseas supplier more straightforward.
• Reducing duplication: Rather than several importers maintaining separate registrations, the relevant requirements can be managed centrally.
• Improving oversight: Manufacturers can maintain a clearer picture of the substances, customers and quantities covered by their arrangements.
• Accommodating new customers: Additional customers can be brought within an existing arrangement, provided the relevant registration requirements are met.

Importantly, an OR arrangement does not remove every regulatory obligation from customers. They must still meet the requirements applicable to them as downstream users.

What does an Only Representative actually do?

An OR is more than a named contact on a registration. They take on the relevant legal responsibilities of an importer under REACH and act as a regulatory contact for the manufacturer and its supply chain.

In practice, their responsibilities can include:

• Preparing, submitting and maintaining REACH registrations.
• Communicating with the relevant regulatory authority.
• Keeping records of the importers covered by the arrangement.
• Monitoring the quantities supplied into the relevant market.
• Maintaining relevant safety information.
• Updating registrations when required.

These responsibilities continue after the initial registration has been submitted.

The OR needs to maintain accurate information about the substances being supplied, the customers covered and the quantities imported. Changes to any of these may affect the manufacturer’s registration requirements.

How does an OR create a single point of responsibility?

Consider a non-EU manufacturer supplying the same substance to six customers in the EU.

Without an OR, each customer importing at or above the registration threshold may need to maintain its own REACH registration. This could mean six registrations, each with its own costs and administration.

With an OR, the relevant imports can be covered by a single registration held by the representative, provided the combined tonnage and other applicable requirements are accounted for.

For the manufacturer, this means one regulatory arrangement rather than relying on several customers to manage their own registrations.

For customers, it removes the need to obtain and maintain registrations for the covered imports.

This can also be useful when expanding into a market or taking on new customers. Instead of each new importer having to establish its own registration, the manufacturer can work with its OR to determine whether the additional imports can be covered by the existing arrangement.

There may also be cost advantages, particularly where several customers would otherwise need separate registrations. The overall benefit will depend on the substances involved, registration requirements and the number of importers.

How is an OR arrangement set up?

Establishing an OR arrangement starts with formally appointing a suitable representative and determining which substances and supplies will be covered.

Although the underlying principles are similar, UK REACH and EU REACH operate as separate regulatory systems.

For UK REACH, the OR must be established in Great Britain and takes on the relevant obligations associated with imports into England, Scotland and Wales. The Health and Safety Executive (HSE) is the regulatory authority.

For EU REACH, the OR must be established in the European Economic Area (EEA) and takes on the relevant obligations for imports into the EEA. Registrations are submitted to the European Chemicals Agency (ECHA).

A manufacturer supplying both markets will therefore need separate arrangements to cover its UK and EU REACH obligations. ACRE Consultancy can support businesses with both, providing a single point of contact for managing compliance across the two markets.

Once appointed, the manufacturer and OR need to establish the scope of the arrangement. This includes identifying:

• Which substances will be covered.
• Which importers are included.
• The current and anticipated annual tonnage for each substance.
• Whether new registrations or access to existing registration data are required.
• What technical information is available to support compliance.

The OR can then assess the relevant registration requirements and identify any additional information, data access or regulatory action needed.

Importers must also be informed of the appointment and which supplies are covered so they can establish their status as downstream users.

Getting this information right at the outset is important. An OR arrangement is only effective where the relevant substances and imports are properly covered.

Why the relationship does not end at registration

Appointing an OR is not a one-off exercise.

Manufacturers may introduce new products, increase their sales volumes or begin supplying additional customers. These changes can affect registration requirements and the information the OR needs to maintain.

For example, a manufacturer may begin supplying an existing substance to a new customer. The OR will need to account for the additional imports and determine whether the increased tonnage triggers further registration requirements.

Similarly, changes to substance composition, classification or use may require a review of the registration.

Maintaining compliance therefore relies on regular communication between the manufacturer, its customers and the OR.

For manufacturers, having an OR who understands their supply chain and registration history can make these changes easier to manage.

It also provides continuity. Rather than having regulatory knowledge and registration responsibilities spread across multiple importers, the manufacturer has a central point of contact with oversight of the arrangements.

As a business grows, this can help identify registration requirements before they affect supplies to customers.

Could an Only Representative benefit your business?

An OR arrangement may be worth considering if you manufacture or formulate chemicals outside Great Britain or the EEA and supply customers in either market.

It may be particularly useful if you supply several customers, are planning to enter a new market or want to reduce the registration responsibilities placed on your importers.

At ACRE Consultancy, we support overseas manufacturers with UK and EU REACH Only Representative services, including establishing new arrangements, preparing and maintaining registrations, reviewing supply-chain coverage and managing ongoing compliance requirements.

We can also assist manufacturers looking to transfer from an existing OR, helping them understand the requirements and plan the handover to maintain continuity of registration coverage.

Whether you are appointing an OR for the first time or reviewing your current arrangements, get in touch with ACRE Consultancy to discuss your requirements.

Frequently Asked Questions

1. Why would we appoint an Only Representative (OR)?

An OR can make it easier to supply chemicals into Great Britain or the EU by removing the need for your customers to hold their own REACH registrations for imports covered by the arrangement.

Rather than each importer managing registration requirements separately, an OR can take responsibility for these obligations centrally. This can reduce duplication, simplify purchasing for your customers and give you greater oversight of your regulatory position.

2. Can we switch Only Representatives without disrupting our business?

Yes. You can change your OR without having to start your REACH registrations from scratch, provided the transfer is managed correctly.

The process involves transferring the relevant registrations, confirming access to supporting data and ensuring your supply-chain information is up to date.

Planning the handover carefully is important to maintain registration coverage and avoid disruption to your customers.

3. We supply several customers. Can one OR cover them all?

Yes. An OR can cover multiple customers importing the same substance from the appointing manufacturer.

Instead of each customer needing its own registration, the OR can manage a single registration covering the relevant imports, accounting for the combined annual tonnage.

This can be particularly useful for manufacturers supplying multiple distributors or looking to expand their customer base.

4. Can one OR manage both our UK and EU REACH obligations?

UK REACH and EU REACH require separate OR arrangements, as the representative must be established in the relevant market.

However, you can work with one consultancy to coordinate both arrangements, provided it has appropriately established legal entities in Great Britain and the EEA.

This can simplify communication and help you maintain a consistent approach to compliance across both markets.

5. Is appointing an OR a complicated process?

Not necessarily, although the work involved will depend on your substances, existing registrations and supply chain.

An OR will typically start by reviewing what you manufacture, where it is supplied, who imports it and the quantities involved. This establishes which registrations are needed and whether any existing arrangements can be used.

If registrations are already in place, the process may be relatively straightforward. Where new registrations or access to technical data are required, additional work may be needed.

ACRE can review your existing position and explain what would be involved before you commit to establishing an arrangement.