Q&As

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The UKs withdrawal from the EU

REACH

My UK(Great Britain)-based company is currently acting as an Only Representative of a non-EU/EEA company. Once the United Kingdom leaves the European Union, how will that affect our status of Only Representative?

Even though the UK is no longer an EU Member State since the withdrawal date, the consequences for Only Representatives established in Great Britain will take effect only after the end of the transition period.

According to Article 8 of REACH, Only Representatives shall be legally established within the EU/EEA.  The company having appointed you as Only Representative will need to appoint an Only Representative based in one of the EU Member States or the three EEA countries.

This change of Only Representative must take place before the transition period expires. It must be notified to ECHA (through the ‘Legal entity change functionality’ in REACH-IT) without undue delay, and you will be required to provide proof of the new Only Representative’s appointment from the non-EU/EEA company.

Please note that the legal entity change fee will be charged per non-EU/EEA company represented (i.e. per REACH-IT account).

In Northern Ireland, REACH continues to apply after the transition period.  This means, inter alia, that Only Representatives can continue to be based in Northern Ireland. Please refer to Q&A 1700.

My UK-based company has paid the requisite fee to ECHA for the registration of our substance whilst the United Kingdom still applies REACH Regulation during the transition period. Will ECHA charge the payment of a fee for a legal entity change in the case that our company transfers our REACH registrations or the Only Representative status to an Only Representative based in the EU?

Under the provisions of the REACH Fee Regulation, our Agency will indeed charge the foreseen fee. The circumstance of the UK withdrawal from the EU does not provide a legal basis for waiving the charge of fees.

What does my UK(Great Britain)-based company need to keep in mind when we appoint an Only Representative (OR) in an EU Member State?

You should only appoint an OR who has a sufficient background in the practical handling of substances and of the information related to them, as required by Article 8(2) of the REACH Regulation. As your representative, the OR will bear all responsibilities of importers under the Registration Title and other titles of the REACH Regulation. Among them, the OR shall keep available and up-to-date information on the quantities imported and customers sold to, as well as information on the supply of the latest update of the SDS. Please also remember to inform the importers within the same supply chain of the OR appointment. ECHA’s webpages provide more detailed information on the role of Only Representatives. Please see also the Q&A section on Only Representatives on ECHA’s web pages.
In Northern Ireland, REACH continues to apply after the transition period. This means, inter alia, that registrants, including Lead Registrants, can continue to be based in Northern Ireland. Please refer to Q&A 1700.

My company is a manufacturer of a substance, located outside the EU/EEA. We have appointed an Only Representative, who is located in the UK(Great Britain). What do we need to do after the end of the transition period?

You can appoint a new Only Representative, located within the EU/EEA or in Northern Ireland. This requires that the old and the new Only Representatives collaborate in making a ‘legal entity change’ in REACH-IT. The new appointment must take place ahead of the end of the transition period and be notified to ECHA (through the ‘Legal entity change’ functionality in REACH-IT) without undue delay.

In Northern Ireland, REACH continues to apply after the transition period. This means, inter alia, that Only Representatives can continue to be based in Northern Ireland. Please refer to Q&A 1700 for further details.

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