You can feel the pressure, yet you aren’t always able to provide your management the necessary information to make the best decisions for registration in 2010.

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Only representative of NON-EU companies

If you are a non-EU company and you hear about REACH regulation for the first time, you must know that one of the main objectives of the REACH regulation is to protect the EU industries and its citizens, and only allow non-EU chemical substance producers into the EU market if

The EU company, which buys from a non-EU partner, takes the responsibility to have the tests performed, which are required by REACH, for the chemical substances produced outside the EU.

It is very important that a company, which imports a chemical substance into the EU market, must take the same responsibility for that chemical substance as if it had been produced by the company itself. Therefore you, as a non-EU company, must make sure to provide ample information to your EU partner, otherwise they are unable to comply with the regulations and can expect serious penalties. In each member state of the EU the compliance with the REACH regulation is verified, but fortunately it is understood in the same way everywhere so you don’t need to worry that it may be stricter in one member country than in the other.

Following the registration deadlines (2010, 2013, 2018), it will be the interest of EU chemical substance users or importers, if they don’t want to pay for REACH registration, to buy either from EU producers or those non-EU producers who have appointed an EU only representative.

How non-EU companies can compete with their EU counterparts?

If you have monopoly in the market, and know that EU companies can only buy a particular chemical substance from your company, then you can easily ignore the REACH regulation. The EU company, which is unable to buy from anywhere else and needs your chemical substance, will pay their share of the REACH registration.

If you have no monopoly in the market where others can buy your chemical substance elsewhere, yet you do not want to suffer from competition, it is worth appointing an EU only representative. This of course means increased expenditures as, similar to EU companies, you will also have to pay your share of the REACH registration. In return, however, you will be able to compete in the EU market with equal chances.

More and more EU companies choose the strategy of only trading with their non-EU partners if they appoint an only representative.

My company is currently an only representative for several non-EU chemical substance producers, therefore if you need any advice regarding this issue, don’t hesitate to ask!

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“We have been cooperating with Agnes Botos since 2008 regarding REACH registration matters. Agnes has proven to be a knowledgeable, professional and responsible person, pre-emptive, able to work under time pressure and deliver in accordance with strict deadlines.
Having a “can do” and flexible approach Agnes is able to find the best possible solution in every matter, tailored to the given business needs, in a limited period of time.
Due to the sound educational background Agnes can react efficiently to any query and provide credible advice.
Agnes’s personal characteristics, excellent communication skills and positive approach to finding a solution to any matter contribute to a mutually beneficial cooperation.”

Alina Kim
SVL Activ Trading Ltd, Moscow, Russia