Changing the Only Representative (OR) is legally possible under the EU REACH Regulation, and it is often necessary when non-EEA manufacturers or suppliers decide to switch to a new partner. The process is guided by the REACH Regulation (EC) No 1907/2006 and must be handled carefully to ensure compliance.
At Chementors, we help non-EEA companies make a smooth and compliant transfer of their Only Representative. Below you will find an overview of the steps, requirements, and costs involved in changing an OR under REACH.
If you have any questions or need the service, we are here to support.
Step 1: Select a Qualified Only Representative
When planning to end the agreement with the current OR, the first step is to identify a potential new OR. The new OR must meet all legal requirements and have proven expertise in handling the OR duties over the long term.
The OR’s offer may vary depending on:
- the number of registered substances
- the tonnage bands
- the complexity of the substances
It is important to exchange background information and clarify terms and conditions early in the process.
Step 2: Sign the OR Agreement
Once you have chosen your new OR, a formal OR agreement should be signed to define responsibilities, rights, and obligations.
Step 3: Arrange the OR Transfer Agreement
An OR transfer agreement should then be signed between the original OR, the non-EEA company, and the newly appointed OR.
Step 4: Update REACH-IT and Transfer Data
The change of Only Representative must be reported to the European Chemicals Agency (ECHA) system, where the original OR must make the transfer of all assets, including the registrations and notifications to the newly appointed OR.
Additionally, the original OR must hand over all REACH-related data and documents to the new OR.
Step 5: Pay the ECHA Fee
ECHA applies a fee for the change of OR identity. The new OR pays this fee on behalf of the non-EEA company once an invoice has been issued by ECHA.
Step 6: Notify Stakeholders
After the change, it is important to inform relevant stakeholders about the new OR, including consortia, EU importers and downstream users.
Step 7: Assess Data Quality
Once the OR transfer is complete, all relevant data should be reviewed to ensure its quality and up-to-date status. In some cases, an update of the registration dossier in REACH-IT is required by the Regulation.
In Summary
Changing an Only Representative under EU REACH is a straightforward but detailed process. Proper planning, transparent contracts, and cooperation between all parties based on the REACH regulation are key to a smooth transfer and continued compliance.
If you are considering changing your OR, Chementors can support you through every step of the process.
Contact us today for a quotation or consultation
Frequently Asked Questions about Changing an OR under REACH
How do I change my Only Representative under EU REACH?
You need to appoint a new OR, sign an agreement, arrange a transfer agreement with the original OR, update the change to ECHA, and ensure data and dossiers are transferred correctly.
How much does it cost to change an OR?
Costs depend on factors such as the number of registered substances, tonnage bands, and dossier complexity. In addition, ECHA charges a fee for the OR change.
How long does the Only Representative transfer take?
The timeline varies depending on the coordination between the original and new OR and the complexity of your registrations. Planning ahead helps avoid compliance gaps.
Who pays the ECHA fee for OR transfer?
The new OR pays the ECHA fee on behalf of the non-EEA manufacturer or supplier.
