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The role of the only representative

содержание презентации «The role of the only representative.ppt»
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1The role of the only representative. 16distributor cannot appoint an OR. 16.
Simona Fajfar. 1. 17How to choose the “right” OR. Someone
2Only representative (OR). Only you can have a good businees relation ship
representative: means a natural or legal Enough of experience: Knowing the
person established in the EU and appointed legislation, also legal and economic
by a manufacturer, formulator or producer knowledge It might me a team who knows
of an article established outside the EU what are they are doing Easy to
to fulfil the obligatioins of importers communicate with. 17.
(Article 8). 2. 18Contract beetwen non-EU manufacturer
3OR registration obligation. Only and OR. A clause what happen when your
representative established in the EU and status change and Serbia is becoming part
appointed by a manufacturer, formulator or of EU Who is the owner of registration?
article producer established outside the 18.
EU to fulfill the registration obligation 19How to change the OR? The change
of importers. 3. should be easy to do Written in a contract
4Why to have an only representative? If between OR and non-EU manufacturer You
you wish to export from Serbia or other need a good lawyer to have a good contact
non-EU country to EU and be on the market The reality of REACH is that many things
You have two options: Put on EU market are legal (good legal advise in needed and
through Importers only Appointment of Only a other skills). 19.
representative. 4. 20If you decide to change the OR? If a
5When you have appointed OR. This will non EU manufacturer decides to change his
relieve the EU importers within the same OR, the succesor will have to update the
supply chain from their registration information related to the legal entity
obligation, as they will be regarded as a provided to ECHA.It is recommended that
down stream users. 5. the new only representative submit
6Importer. Importer: means any natural evidence of his appointment and of
or legal person established within the EU agreement of the earlier OR to this
who is responsible for import (Article change.This to include in as a clause of
3(11)). Import: means the physical the contact. 20.
introduction into the customs territory of 21How to avoide possible problems in
the EU (Article 3(10)). 6. practice. When we can expect problems in
7Example. Import of mixture (glu) practice with OR? Contact Enough
formulated in Sebia A company x experience from the side of OR Also OR can
(downstream user-article producer) is have problems It is also about good
needing a components for their products He business relationship It is about
has to decide ether to buy it from EU partnership /they both loose. 21.
supplier or become an importer for this 22Obligation to communicate down the
specific mixture. 7. supply chain. Same obligation as an
8Indentification of the role. Legal importer Article 33 obligation to
entities can have more than one role communicate about the substance on the
Important to identify different roles You candidate list Information if substance is
can be OR and downstream user for another subject to an authorisation Information
substance which you are buying on a EU about substances which fall under
market Situation in Slovenia when roles restriction Providing Safety Data Sheet.
are changing (it is all about costs). 8. 22.
9Possible tasks of the OR. OR is the 23REACH certificate. According to
one who is legaly responsible in the REACH legislation there is no REACH certificate
system Non-EU manufacturer is not legally But in practice they are Companies they
responsible Obligation as a registrant to find the way how to proof that their
register substances as such in a mixture product is in compliance with REACH. 23.
or in article. 9. 24SIEF. 24.
10Obligations of the OR regarding the 25SIEF formation. All potential
registration of substances. An OR is fully registrants and data holders for the same
responsible and liable for fulfilling all pre-registered phase in substance are
obligations of importrs for the substances participants in ‘Substance information
he is responsible for. To have in mind Exchange Forum’ (SIEF). Aims of the SIEF:
that OR has also other obligations of the To facilitate data sharing for the
importers under REACH. 10. purposes of registration Agree on
11Obligation of the OR. Pre-registration classification and labelling where there
Data sharing Involment in the SIEF is difference beetwen potential
(Substance Information Exchange Forum) Can registrants. 25.
play an active role within SIEF. Can be 26Example 1. 100 legal entities which
involved in SIEF negotiations. 11. has pre-registered a substance in 2008. 0
12‘Taking care’ of imported quatities. registration in 2010. 31st May 2013. 50
The OR registers the imported quantities registration 2018. 50 registration 2013.
depending on the contactual arrangements DORMANT NOW. ACTION NOW. 26.
between the ‘non EU manufacturer’ and OR. 27Example 2. TOKEN CODE !!! 100 legal
12. entities which has pre-registered a
13Obligation of OR. OR shall keep an up substance in 2008. 10 registrations 2010.
to date list of EU customers (importers) 31st May 2013. 50 registration 2018. 40
within the same supply chain of the non-EU registrations 2013. Letter of Access to
manufacturer and the tonnage covered for the data. 27.
each of this customers, as well as 28Example 3. 100 legal entities which
information on the supply of the latest has pre-registered a substance in 2008.
update of the Safety Data Sheet. 13. 31st May 2018. 0 registrations in 2010.
14OR should proof to enforcement 100 registrations 2018. 0 registrations
Authorities. It is essential that there is 2013. ACTION STARTS IN 2016. 28.
clear identification of: Who in the supply 29REGISTRATION at ECHA. S I E F.
chain of a substance outside EU is the CONSORTIUM. PRE-REGISTRATION ECHA. 29.
manufacturer, formulator or producer of Joint Registration - LR (LEAD REGISTRANT).
articles. Who has appointed the OR Which Only Lead COMPANY. Individual registrant.
imports the OR has responsibility for. 14. Lead Company. Individual registrant.
15Who can appoint an OR? According to Members of CONSORTIUM. Token code.
Article 8(1) a ‘non-EU manufacurer’ being Pridobitev manjkajo?ih podatkov. 1.
a natural of a legal person who is INCLUSION INTO CONSORITUM AS ASSOCIATED
manufacturing a substance, formulating a MEMBER 2. Complete LoA 3. Partial LoA.
mixture or producing an article that is 30In case several companies established
imported into the EU can appoint an OR to outside the EU are part of the same group,
fulfil the registration obligaton for and those companies export the same
importers. Non- EU distributors are not substance into the EU, each company
mentioned in this article and therefore consistutes a non EU manufacturer under
can not appoint OR. 15. REACH and may appoint an OR. The OR will
16Who can not appoint an OR. It should have to submit separate registrations for
be noted that a non-EU distributor is not each of the companies he is representing.
a distributor for the purposes of REACH as 30.
he is not a natural or legal person 31HVALA. 31.
established in the EU. An EU based
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The role of the only representative

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