Your eyes and hands in India · Est. 2019 · Replies within one working day

Finding a REACH Only Representative, and checking REACH claims

An Indian manufacturer cannot register under EU REACH itself, but it can appoint an Only Representative in the EU. How to find one, check a REACH-registered supplier claim and judge when you need a consultant.

· 3 min read · Creston & Co

To find an Only Representative for REACH, you look for a legal entity established in the EU or EEA that can register the substance on behalf of the non-EU manufacturer. A REACH Only Representative for an Indian maker is normally chosen and paid for by the maker, though some importers arrange it themselves.

Any claim of being a REACH registered supplier from India needs checking, because registration is held by the Only Representative or by an EU importer, never by the Indian plant directly. The background is in what an Only Representative is.

How do you appoint an Only Representative?

The non-EU manufacturer appoints the representative by written agreement. The representative then registers the substance, carries the registrant's duties and keeps a list of the EU importers it supplies. Your Indian supplier will often already work with one, so ask first.

If it does not, the route is to find a consultancy or chemical company that offers this service, ask for references with the same substance type and tonnage, and compare the proposals. Points to compare:

  • Whether it has registered similar substances and can show how it handled the data-sharing and the dossier.
  • Who owns the registration and what happens to it if you end the contract, since the registration number is tied to the representative.
  • How it protects your customer list and sales data, which it must disclose to ECHA only as the law requires.
  • Who holds the letter of access and pays for the data costs.
  • How it tracks tonnage and informs you when a higher band applies.

How do you check a supplier's REACH claim?

Treat a claim as a set of documents, not a sentence. Ask for the substance name and CAS and EC numbers, the REACH registration number, the name of the registrant and the registered tonnage band. A registration number has a recognisable format and belongs to a specific legal entity for a specific substance.

Then confirm the link to you. The registration must cover your supply route: either the Only Representative registers and you are listed as its customer, or you register yourself. ECHA's public registered-substances information shows which substances are registered, though not who supplies whom, so ask the representative to confirm in writing that your imports are covered.

Be careful with supplier statements such as complies with REACH, which can mean very little. Read who registers under REACH to understand where the duty lies.

When do you need a compliance consultant?

Hire one when the substance is not yet registered, when it is a complex mixture or UVCB, when your tonnage sits near a band limit, or when you are unsure whether you or the supplier must register. A consultant is also useful for the safety data sheet, labelling and your UK REACH position. The EU and UK systems are separate; see UK REACH and EU REACH.

Choose one with real experience in your substance type, and ask for the scope and deliverables in writing. A chemical compliance consultant in India may help the Indian manufacturer with data and documents, but the EU registration still needs an EU legal entity.

Next step

We ask Indian manufacturers for their actual REACH position and papers, find out who their Only Representative is and flag gaps before you commit. To check a supplier, book a free sourcing review.

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