On March 24, 2022, European Commission Regulation (EU)2022/477 revised Annexes VI to X of REACH. It is expected that starting from October 14, 2022, only representatives must provide the name and contact information of the non-EU manufacturer they represent, that is, only representatives will provide this information in REACH-IT.

The only representatives must be natural or legal entities formally established in the EU under national legislation and must have an official EU address so that law enforcement authorities can contact them. Most EU member states require that the official address of their only representative be in the EU member state where they are located. A single representative should have sufficient background and substance-related information in the actual handling of the substance to be able to meet the importer’s obligations. If several companies established outside the EU export substances to the EU, then under REACH, each company constitutes an independent non-EU manufacturer, even if each company belongs to the same group. Each non-EU manufacturer must designate a unique representative. It should be noted that non-EU manufacturers can only appoint one representative.

If a non-EU manufacturer decides to replace its sole representative, the sole representative must notify ECHA through the REACH-IT function “Change in Legal Entity”. A change in the agent alone constitutes a change in legal personality, and a change in the identity of a non-EU manufacturer involving a change in its legal personality should also be notified. Only the roles of representative and importer are not interchangeable. The role of the sole representative is very different from that of the importer. Although the registration of the sole representative can cover multiple importers in the EU, it only covers imports from non-EU manufacturers who have designated the sole representative. Instead, the importer does not represent another legal entity, but acts on its own behalf. The importer actually introduces the substance into the EU customs territory and places it on the market, and its registration covers all quantities of the substance imported in the EU, regardless of its non-EU origin. The importer can also be the manufacturer of the substance, which is not the only representative situation.