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The role of the only representative
The role of the only representative
Only representative (OR)
Only representative (OR)
OR registration obligation
OR registration obligation
Why to have an only representative
Why to have an only representative
When you have appointed OR
When you have appointed OR
Importer
Importer
Example
Example
Indentification of the role
Indentification of the role
Possible tasks of the OR
Possible tasks of the OR
Obligations of the OR regarding the registration of substances
Obligations of the OR regarding the registration of substances
Obligation of the OR
Obligation of the OR
‘Taking care’ of imported quatities
‘Taking care’ of imported quatities
Obligation of OR
Obligation of OR
OR should proof to enforcement Authorities
OR should proof to enforcement Authorities
Who can appoint an OR
Who can appoint an OR
Who can not appoint an OR
Who can not appoint an OR
How to choose the “right” OR
How to choose the “right” OR
Contract beetwen non-EU manufacturer and OR
Contract beetwen non-EU manufacturer and OR
How to change the OR
How to change the OR
If you decide to change the OR
If you decide to change the OR
How to avoide possible problems in practice
How to avoide possible problems in practice
Obligation to communicate down the supply chain
Obligation to communicate down the supply chain
REACH certificate
REACH certificate
SIEF
SIEF
SIEF formation
SIEF formation
Example 1
Example 1
Example 2
Example 2
Example 3
Example 3
REGISTRATION at ECHA
REGISTRATION at ECHA
In case several companies established outside the EU are part of the
In case several companies established outside the EU are part of the
HVALA
HVALA

Презентация: «The role of the only representative». Автор: sfajfar. Файл: «The role of the only representative.ppt». Размер zip-архива: 175 КБ.

The role of the only representative

содержание презентации «The role of the only representative.ppt»
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1 The role of the only representative

The role of the only representative

Simona Fajfar

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2 Only representative (OR)

Only representative (OR)

Only representative: means a natural or legal person established in the EU and appointed by a manufacturer, formulator or producer of an article established outside the EU to fulfil the obligatioins of importers (Article 8).

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3 OR registration obligation

OR registration obligation

Only representative established in the EU and appointed by a manufacturer, formulator or article producer established outside the EU to fulfill the registration obligation of importers

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4 Why to have an only representative

Why to have an only representative

If you wish to export from Serbia or other non-EU country to EU and be on the market You have two options: Put on EU market through Importers only Appointment of Only representative

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5 When you have appointed OR

When you have appointed OR

This will relieve the EU importers within the same supply chain from their registration obligation, as they will be regarded as a down stream users.

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6 Importer

Importer

Importer: means any natural or legal person established within the EU who is responsible for import (Article 3(11)). Import: means the physical introduction into the customs territory of the EU (Article 3(10)).

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7 Example

Example

Import of mixture (glu) formulated in Sebia A company x (downstream user-article producer) is needing a components for their products He has to decide ether to buy it from EU supplier or become an importer for this specific mixture

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8 Indentification of the role

Indentification of the role

Legal entities can have more than one role Important to identify different roles You can be OR and downstream user for another substance which you are buying on a EU market Situation in Slovenia when roles are changing (it is all about costs)

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9 Possible tasks of the OR

Possible tasks of the OR

OR is the one who is legaly responsible in the REACH system Non-EU manufacturer is not legally responsible Obligation as a registrant to register substances as such in a mixture or in article

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10 Obligations of the OR regarding the registration of substances

Obligations of the OR regarding the registration of substances

An OR is fully responsible and liable for fulfilling all obligations of importrs for the substances he is responsible for. To have in mind that OR has also other obligations of the importers under REACH.

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11 Obligation of the OR

Obligation of the OR

Pre-registration Data sharing Involment in the SIEF (Substance Information Exchange Forum) Can play an active role within SIEF. Can be involved in SIEF negotiations.

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12 ‘Taking care’ of imported quatities

‘Taking care’ of imported quatities

The OR registers the imported quantities depending on the contactual arrangements between the ‘non EU manufacturer’ and OR.

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13 Obligation of OR

Obligation of OR

OR shall keep an up to date list of EU customers (importers) within the same supply chain of the non-EU manufacturer and the tonnage covered for each of this customers, as well as information on the supply of the latest update of the Safety Data Sheet.

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14 OR should proof to enforcement Authorities

OR should proof to enforcement Authorities

It is essential that there is clear identification of: Who in the supply chain of a substance outside EU is the manufacturer, formulator or producer of articles. Who has appointed the OR Which imports the OR has responsibility for

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15 Who can appoint an OR

Who can appoint an OR

According to Article 8(1) a ‘non-EU manufacurer’ being a natural of a legal person who is manufacturing a substance, formulating a mixture or producing an article that is imported into the EU can appoint an OR to fulfil the registration obligaton for importers. Non- EU distributors are not mentioned in this article and therefore can not appoint OR

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16 Who can not appoint an OR

Who can not appoint an OR

It should be noted that a non-EU distributor is not a distributor for the purposes of REACH as he is not a natural or legal person established in the EU. An EU based distributor cannot appoint an OR.

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17 How to choose the “right” OR

How to choose the “right” OR

Someone you can have a good businees relation ship Enough of experience: Knowing the legislation, also legal and economic knowledge It might me a team who knows what are they are doing Easy to communicate with

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18 Contract beetwen non-EU manufacturer and OR

Contract beetwen non-EU manufacturer and OR

A clause what happen when your status change and Serbia is becoming part of EU Who is the owner of registration?

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19 How to change the OR

How to change the OR

The change should be easy to do Written in a contract between OR and non-EU manufacturer You need a good lawyer to have a good contact The reality of REACH is that many things are legal (good legal advise in needed and a other skills)

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20 If you decide to change the OR

If you decide to change the OR

If a non EU manufacturer decides to change his OR, the succesor will have to update the information related to the legal entity provided to ECHA.It is recommended that the new only representative submit evidence of his appointment and of agreement of the earlier OR to this change.This to include in as a clause of the contact.

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21 How to avoide possible problems in practice

How to avoide possible problems in practice

When we can expect problems in practice with OR? Contact Enough experience from the side of OR Also OR can have problems It is also about good business relationship It is about partnership /they both loose

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22 Obligation to communicate down the supply chain

Obligation to communicate down the supply chain

Same obligation as an importer Article 33 obligation to communicate about the substance on the candidate list Information if substance is subject to an authorisation Information about substances which fall under restriction Providing Safety Data Sheet

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23 REACH certificate

REACH certificate

According to legislation there is no REACH certificate But in practice they are Companies they find the way how to proof that their product is in compliance with REACH.

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24 SIEF

SIEF

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25 SIEF formation

SIEF formation

All potential registrants and data holders for the same pre-registered phase in substance are participants in ‘Substance information Exchange Forum’ (SIEF). Aims of the SIEF: To facilitate data sharing for the purposes of registration Agree on classification and labelling where there is difference beetwen potential registrants

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26 Example 1

Example 1

100 legal entities which has pre-registered a substance in 2008

0 registration in 2010

31st May 2013

50 registration 2018

50 registration 2013

DORMANT NOW

ACTION NOW

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27 Example 2

Example 2

TOKEN CODE !!!

100 legal entities which has pre-registered a substance in 2008

10 registrations 2010

31st May 2013

50 registration 2018

40 registrations 2013

Letter of Access to the data

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28 Example 3

Example 3

100 legal entities which has pre-registered a substance in 2008

31st May 2018

0 registrations in 2010

100 registrations 2018

0 registrations 2013

ACTION STARTS IN 2016

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29 REGISTRATION at ECHA

REGISTRATION at ECHA

S I E F

CONSORTIUM

PRE-REGISTRATION ECHA

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Joint Registration - LR (LEAD REGISTRANT)

Only Lead COMPANY

Individual registrant

Lead Company

Individual registrant

Members of CONSORTIUM

Token code

Pridobitev manjkajo?ih podatkov

1. INCLUSION INTO CONSORITUM AS ASSOCIATED MEMBER 2. Complete LoA 3. Partial LoA

30 In case several companies established outside the EU are part of the

In case several companies established outside the EU are part of the

same group, and those companies export the same substance into the EU, each company consistutes a non EU manufacturer under REACH and may appoint an OR. The OR will have to submit separate registrations for each of the companies he is representing.

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31 HVALA

HVALA

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