ECHA Guidance

What are the consequences for the EU importers?

When an importer receives information from a ‘non-EU manufacturer’ in his supply chain that an only representative has been appointed to cover the registration obligations, this importer will be regarded as a downstream user of the only representative for the tonnage covered by the registration of the only representative. This change of status from importer to downstream user only pertains to the same supply chain, i.e. to the tonnage imported from the ‘non-EU manufacturer’ having appointed the only representative. If this importer also imports the substance from other non-EU suppliers, he still has to register the tonnage imported from this or these non-EU suppliers unless the latter has/have appointed an only representative(s) to cover the respective imports.
Although the importer will receive confirmation from his ‘non-EU manufacturer’ on the appointment of the only representative, he should preferably also obtain confirmation in writing from the only representative that his imported tonnage and use is indeed covered by the registration submitted by the only representative.This would not only provide the importer with the contact point to whom he, acting as a downstream user, can make his use known, but would also give the importer a clear documentation that the imports are indeed covered by the registration of the only representative, as otherwise he remains responsible for the imports.
—— P21, Version 3.0 - November 2016, Guidance on registration
It should, however, be pointed out that the appointment of an only representative by the ‘non- EU manufacturer’ creates the need for importers to keep exact documentation on which imported quantities of the substance are covered by the only representative registration and which imported quantities are not.
In case of import of mixtures the importers will also need to know what quantity of the substance in a mixture is covered by an only representative registration, as he would otherwise be subject to a registration requirement himself.This documentation will need to be presented to the enforcement authorities upon request.
—— P22, Version 3.0 - November 2016, Guidance on registration

Import of mixtures when an only representative is appointed

An importer of mixtures is obliged to register the individual substances in the mixtures he imports and needs to know therefore the chemical identity and the concentration of the substances in the mixtures. If the ‘non-EU manufacturer’ of the mixture or of the individual substances in the mixture appoints an only representative, it will be the only representative who will carry out the registration of the individual substances instead of the importers. The ‘non-EU manufacturer’ will inform the importers that an only representative has been appointed. If the ‘non-EU manufacturer’ appoints separate only representatives for the different substances in the mixture or only appoints only representatives for some of the substances in the mixture, this information needs to be communicated clearly to the importers, so that they are aware of which obligations they are relieved of and which obligations they still have to fulfil pertaining the registration of the substances.In any case, the importers of the mixtures and the corresponding only representative(s) must be able to document which quantities of the substances imported in the mixture(s) are covered by the registration dossier of the only representative(s) and which quantities are covered by the registration dossier of the importers themselves.
—— P23, Version 3.0 - November 2016, Guidance on registration
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