If the EU Importer sources goods that come under the scope of the REACH regulation, they can:
(i) choose to register the product themselves, or;
(ii) source their goods from REACH compliant non-EU manufacturers
In (i), if the EU importer chooses to register, then they will have the flexibility to import from any non-EU manufacturer they choose. Registration costs include ECHA fees (fixed – based on tonnage and company size) and data access fees (variable - based on data availability, number of other potential registrants etc.).
The option of registering is available to those EU importers who pre-registered during the specific pre-registration period (1st June - 1st December, 2008). Phase-in substances present in EU importer products can benefit from this transitional regime of staggered deadlines (2010, 2013, 2018), based on a series of tonnage thresholds. If the EU importer has not pre-registered, or is sourcing goods containing non-phase in substances, then they must cease import and register immediately (with specific exceptions).
In (ii), where goods are sourced from non-EU manufacturer’s, EU Importers should check with their supplier’s whether they have pre-registered, intend to register and whether the uses will be covered in the registration. As a non-EU manufacturer cannot register by themselves, they must appoint an Only Representative, a legal entity based in the EU to perform the registration duties for them.
EU importers who want to source from REACH compliant suppliers should ask their non-EU manufacturer if they have appointed an OR. If this is the case, for the purpose of the REACH regulation, the EU importer becomes a downstream user and does not have to register. The EU importer should contact the OR of the non-EU manufacturer, to obtain their REACH compliant import certificates and for hazard communication e.g. updated SDS.
