Reach Legal Entity Definition
Non-European companies are only allowed to change their representative if they are not satisfied. If the third-country manufacturer appoints a new only representative, the newly appointed only representative may benefit from the prior registration of the previous only representative if ECHA is informed of the change. Normally, the agreement is concluded between the old OR, the new OP and a non-European entity whereby the previous OR agrees to terminate the exclusive agency relationship and transfer all its responsibilities and obligations under REACH to a new CB. Power of attorney between new POs and non-EU companies can be obtained for the OR order, and the transfer of RO takes place in REACH-IT. Downstream user Any natural or legal person established in the Community, other than the manufacturer or importer, who uses a substance on its own or in a preparation in the course of his industrial or professional activities. A trader or consumer is not a downstream user. Third-country companies can submit a registration by entrusting an OP established in the EU to register on their behalf. An OP must be a legal entity established in the EU that has sufficient experience in the practical treatment of substances and the information required by REACH. Importers are exempt from REACH registration if their non-EU suppliers have registered.
However, importers must confirm with their suppliers` OPs that they are on the list of importers and that their quantities and uses are covered by the CO. An Only Representative (OR) is an EU legal entity appointed by a manufacturer or formulator from a third country to represent it under REACH. The RO completes the registration dossier on behalf of all EU importers, who then become downstream users. The order for the PO must be made in writing by the non-EU manufacturer; EU importers must have confirmation of this appointment and that their tonnage is covered by the agreement. In addition to registration, the OP is responsible for all obligations of importers with regard to all other aspects of REACH. To carry out its tasks, the OP must have the necessary experience, skills and resources to carry out those tasks. Importer Any natural or legal person established in the Community who is responsible for importation. REACH obliges all companies that manufacture a substance in quantities greater than 1 t/year or that place it on the EU market to register the substance with the European Chemicals Agency (ECHA). For legal reasons, only companies with a legal entity in Europe are allowed to file a registration; However, non-EU companies can submit a registration by appointing an EU-based only representative to register on their behalf; In this case, their importers are considered downstream users and are not required to register.
Intermediate A substance produced solely for the purpose of converting it into another substance (synthesis) and consumed as part of that reaction. (a) non-isolated intermediate: this type of intermediate shall not be intentionally removed from the equipment used for synthesis, except during sampling. If the substance is stored in tanks or other containers after manufacture, it is not a non-isolated intermediate; (b) on-site isolated intermediate: an intermediate that does not meet the criteria for a non-isolated intermediate and in which the manufacture of the intermediate and the synthesis of one or more other substances from that intermediate takes place on the same site operated by one or more legal entities; (c) transported isolated intermediate: an intermediate which does not meet the criteria of a non-isolated intermediate and which is transported between other sites or delivered to other sites. An only representative must be a legal entity established in the EU that has sufficient experience in the practical handling of substances and related information required under Article 8(2) of REACH. To be more precise, an only representative must: No phase-in substances (new substances not covered by the definition of a phase-in substance) need to be registered immediately before being placed on the EU market. CIRS is recommended by the China Bureau of Inspection and Quarantine, the US Mission to the EU and IDA. CIRS is also a member of the Helsinki REACH Centre. Registrant The manufacturer or importer of a substance or the producer or importer of an article who submits a registration for a substance. In principle, REACH applies to all chemical substances; Not only in industrial processes, but also in our daily lives, for example in cleaning products, paints and in items such as clothing, furniture and electrical appliances.