The REACH Only Representative Trustee: a pragmatic solution to provide REACH compliance services to non-EU and EU indirect importers.

The REACH Only Representative Trustee (ORT) has been established by non-EU manufacturers of substances that are exported to the EU through complex supply chains. Through the ORT, substances imported in the EU by indirect customers (customers of customers) of a non-EU manufacturer, can be covered by the REACH registration of the Only Representative (OR) appointed by that non-EU manufacturer.

Why do I need a REACH Trustee?

To complete a registration dossier for a substance that may be exported to the EU, the OR of a non-EU manufacturer needs to know in which quantities that substances will be placed on the EU market and how it will be used. However, in complex supply chains composed of many actors, the non-EU manufacturer may not know if its substance will be placed on the EU market and for which uses. In addition, information like quantities and uses are often confidential, as is the identity of the different actors in the same supply chain. In particular, a distributor may have an interest in not disclosing the identity of its supplier to its own customers.
 
To avoid any disclosure of confidential information, the ORT collects this information and provides on an anonymous basis to the OR of the non-EU manufacturer, which will use it to complete the REACH registration dossier. In practice, the ORT operates as an interface between three parties:

• the OR of a non-EU manufacturer, responsible for completing the REACH registration  dossier of its substance;
• the direct customers of the non-EU manufacturer; and
• the (non-EU and/or EU based) indirect customers of the non-EU manufacturer.

How does the REACH Trustee work?

The main tasks of the REACH Trustee are:

• to determine whether a substance manufactured by a non-EU company is the same as that placed on the EU market by an indirect importer. This will result in a “same supply chain report”; and
• to determine in which quantities and for what uses that substance is placed on the EU market.

To do so, the REACH Trustee co-operates with the various actors of a same supply chain who can send the relevant information through the application forms as a direct non-EU customer or as an indirect EU importer.

Only companies that are in the same supply chain as the non-EU customer can participate in the REACH Trustee system. The system is based on an “invitation” and “acceptance” process. The non-EU manufacturer invites its customers to apply to the REACH Trustee. The customers of the non-EU manufacturer invite their own customers; and so on. 

Which are the advantages of using the REACH Trustee?

Using the REACH Trustee offers two major advantages:

• first, the opportunity to sell REACH compliant substances: if your substance is the same as that manufactured by the non-EU manufacturer and registered under REACH by its OR, you will be covered by that registration;
• second, the possibility of doing so without disclosing any confidential information.