It looks like the European Commission has decided to allow ‘Only Representatives’ (ORs) to apply for and obtain REACH authorisations. However, nothing is confirmed as yet and ECHA has emphasised that an official statement may not be immediate.
Although companies from outside the EU cannot register substances themselves, they can appoint an OR to do it for them. An OR is a legal entity located within the EU, which has been nominated by a manufacturer or producer of items located outside of the EU. An OR needs to be able to fulfil the obligations of importers and therefore should have sufficient background in the handling and knowledge of substances in order to do this.
The decision to permit ORs to apply for and obtain authorisations would give manufacturers and suppliers of restricted substances outside of the EU, the opportunity to remain on the market and compete with EU-based companies.
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