REACH only representative: a separate EU role
9 min read
REACH only representative or EU Authorized Representative? Who registers substances for non-EU makers under Article 8 REACH, and what CE roles cover.
You make coatings, adhesives or electronics outside the EU, and you already have an EU Authorized Representative for your CE-marked products. Then an EU customer asks who registers your substances under REACH, the EU chemicals regulation. Not your Authorized Representative. A REACH only representative is a separate, optional role under Article 8 of Regulation (EC) No 1907/2006; without one, each EU importer registers its imported substances from one tonne per year.
REACH only representative: what Article 8 says
REACH places its registration duties on businesses established in the EU, such as manufacturers and importers (Article 3(9) and (11) (opens in a new tab)). ECHA, the European Chemicals Agency, puts it plainly: a non-EU manufacturer exporting a substance or mixture into the EU has no responsibilities under REACH (Guidance on registration, section 2.1.2.4).
Article 8(1) lets you take these duties off your importers. A person outside the EU who manufactures a substance, formulates a mixture or produces an article imported into the EU may, by mutual agreement, appoint a person established in the EU as its only representative to fulfil the importers' registration obligations. Article 8(2) and (3) add:
- Other importer duties: the representative also takes on all other obligations of importers under REACH (Article 8(2)).
- Expertise and records: it needs sufficient background in handling substances and keeps current information on quantities imported, customers and the latest safety data sheet supplied.
- Notice: you inform the importers in your supply chain; they are then regarded as downstream users (Article 8(3)).
Is an EU Authorized Representative the same as a REACH only representative?
No. The EU Authorized Representative comes from product law: a person established in the EU with a written mandate from the manufacturer for specified tasks (Article 3(12) of Regulation (EU) 2019/1020 (opens in a new tab)). For products under the acts listed in Article 4(5), such as the machinery, toy, RoHS and EMC rules, an EU economic operator must keep the Declaration of Conformity available, provide documents and cooperate with authorities (Article 4(3)); its name and postal address appear on the product, packaging, parcel or an accompanying document (Article 4(4)).
REACH appears in Annex I of that Regulation but not in Article 4(5). Neither appointment covers the other: your Authorized Representative does not register substances, and an only representative does not take over CE tasks.
| Role | Legal basis | What it covers | Who can take it |
|---|---|---|---|
| REACH only representative | Article 8 REACH | Registration and other importer duties for the appointing non-EU manufacturer's substances | An EU-established person with background in handling substances |
| EU importer | Articles 3(11), 6 and 7 REACH | Registration of what it imports, unless an only representative covers it | The EU business responsible for the import |
| Third party representative | Article 4 REACH | Data-sharing discussions, normally without disclosing your identity; cannot register for you (ECHA) | Any third party; you keep full responsibility |
| EU Authorized Representative | Articles 3(12), 4 and 5 of Regulation (EU) 2019/1020 | Tasks of Article 4(3) for products under Article 4(5), within the mandate | An EU-established person with a written mandate |
Who registers under REACH when the manufacturer is outside the EU
Unless an exemption applies, Article 6(1) requires every manufacturer or importer of a substance, on its own or in mixtures, to register it with ECHA from one tonne per year, counted per calendar year (Article 3(30)) and per company. Without an only representative, that is each EU company responsible for the import; according to ECHA, factors include who orders, who pays and who handles customs (section 2.1.2.4).
With an only representative, one registration can cover several EU importers. ECHA's guidance adds (section 2.1.2.5):
- Per substance, you can appoint just one only representative.
- The registration fee depends on the size of your company, not the representative's.
- Importers that also import the substance from other non-EU suppliers register those quantities themselves, unless those suppliers have their own only representative, and must show which tonnage is covered.
Two rules apply on either route. Polymers need no registration (Article 2(9)), but their monomers and other substances need registration at 2% or more of the polymer and one tonne or more per year, unless registered up the supply chain (Article 6(3)). Annex XVII restrictions apply to substances on their own, in mixtures and in articles, whoever registers (Article 67(1)).
Electronics and other articles: Articles 7 and 33
Article 7(1) requires registration of substances in articles that are intended to be released during use, above one tonne per year per producer or importer. More often, substances of very high concern (SVHC) on ECHA's Candidate List (Article 59) matter:
- Notification to ECHA above 0.1% weight by weight and one tonne per year per producer or importer, unless exposure can be excluded or the substance is registered for that use; six months after listing (Article 7(2), (3), (6) and (7)).
- Information to business customers above 0.1%, at least the substance name, with no tonnage threshold (Article 33(1)).
- Answers to consumers on request, free of charge within 45 days (Article 33(2)).
As article producer, you can have an only representative fulfil your importers' Article 7 duties (Article 8(1); ECHA guidance on substances in articles). Article 33, however, binds every supplier of an article, including distributors (Article 3(33)), so your EU customers need the data from you anyway.
Article 9(1)(i) of the Waste Framework Directive 2008/98/EC also requires member states to ensure that suppliers of articles submit their Article 33(1) information to ECHA's SCIP database. The Commission proposed ending this duty in December 2025 (COM(2025) 986 (opens in a new tab)); while the proposal is pending, it applies.
What to do: six steps for non-EU manufacturers
- Map your portfolio: substances, mixtures and articles, and per substance the tonnage each EU customer imports per calendar year.
- Identify your importers per delivery: who orders, pays and clears customs.
- Choose the route. With several importers, an only representative spares each of them a registration.
- Document the appointment. ECHA advises a document appointing the representative and contract clauses for a later change. Inform your importers (Article 8(3)).
- Prepare data for your customers: Article 33 and SCIP information per component, and input for safety data sheets (Article 31 REACH) and CLP labels, which name the EU supplier (Articles 4(4) and 17(1)(a) of Regulation (EC) No 1272/2008).
- Keep CE duties separate. For products under Article 4(5) of Regulation (EU) 2019/1020, arrange your EU economic operator separately; see Authorized Representative or importer.
Practical example: a U.S. coatings maker with a measuring device
A U.S. coatings maker sells through importing distributors in Germany, Italy and Poland. It also assembles a battery-powered thickness gauge whose cable sheath contains a Candidate List substance above 0.1% of the sheath.
| Product | REACH | Product law | Role in the EU |
|---|---|---|---|
| Coating (mixture) | Each substance from 1 tonne per year; resin monomers under Article 6(3) | CLP label by the EU supplier if hazardous | Each distributor registers, or one only representative for all three |
| Thickness gauge (article) | Article 33 information on the sheath | CE under the EMC and RoHS Directives, among others | EU economic operator (Article 4 of Regulation (EU) 2019/1020), such as an Authorized Representative |
The maker appoints an only representative for the coating's substances, so the distributors become downstream users, and an EU Authorized Representative for the gauge: two appointments with different legal bases and tasks. More on process plants: our process industry page.
Common mistakes with REACH roles
- Assuming your Authorized Representative covers REACH. Its mandate rests on Regulation (EU) 2019/1020 and CE legislation.
- Letting a trading company appoint the only representative. Article 8(1) names manufacturers, formulators and article producers only.
- Not informing your importers. Article 8(3) makes this your duty; ECHA advises importers to get written confirmation that their tonnage is covered.
Conclusion: separate the roles before you ship
The only representative answers who registers your substances; the Authorized Representative, who stands for your CE products towards authorities. Decide both per product and give EU customers the data for safety data sheets, labels and Article 33.
Our compliance consulting reviews your documentation and maps with your team which EU roles your products and chemicals need. For CE-marked products, Representa acts as your EU Authorized Representative within the agreed scope and mandate; you remain the manufacturer.
Frequently asked questions
Is an EU Authorized Representative the same as a REACH only representative?
No. The Authorized Representative acts under a written mandate for CE products (Articles 3(12) and 4 of Regulation (EU) 2019/1020). The only representative registers substances in place of EU importers under Article 8 of Regulation (EC) No 1907/2006 (REACH). REACH is not among the acts listed in Article 4(5) of Regulation (EU) 2019/1020.
Who registers under REACH if the manufacturer is outside the EU?
Each EU importer registers the substances it imports from 1 tonne per year (Article 6(1) REACH), unless the non-EU manufacturer has appointed an only representative under Article 8. The importers it covers are then regarded as downstream users and do not register those quantities (Article 8(3)).
Can a producer of articles appoint a REACH only representative?
Yes. Article 8(1) REACH names persons outside the EU who manufacture a substance, formulate a mixture or produce an article imported into the EU. According to ECHA's Guidance on registration, a non-EU distributor that only trades the goods cannot appoint one.
Do I need a REACH only representative?
No, it is optional. Without one, your EU importers register. An only representative can make sense if several importers buy the same substance from you, because one registration can cover them all (ECHA Guidance on registration, section 2.1.2.5).
Does an EU only representative cover Great Britain?
No. Great Britain has its own UK REACH; under its Article 8, a manufacturer outside Great Britain may appoint an only representative established in Great Britain. According to the Health and Safety Executive, Northern Ireland remains part of the EU regulatory system for chemicals.
