8.3.4 Non-EU manufacturers

Most consumer products are imported from abroad. Hence, this section will discuss how REACH protects EU consumers from hazardous substances of imported goods. Non-EU manufacturers do not have direct obligations under REACH. Article 8 of REACH states that manufacturers established outside the Community cannot directly pre-register or register substances. However, a foreign manufacturer may "by mutual agreement appoint a natural or legal person established in the Community to fulfil, as his 'only representative', the obligations on importers".1 The said representative becomes directly responsible under REACH for registration, in the same manner as an EU importer. Upon the agreement of a representative, the non-EU manufacturer must inform his EU importer(s) thereof.2 The importer then becomes a 'downstream user'.3 The representative should possess the latest information on quantities imported and customers sold to (including their uses).4 He should also prepare the information required for the communication down the supply chain.

There are significant REACH implications for non-EU manufacturers. For example, clothing exports to the EU from India account for nearly 47 per cent of all Indian clothing exports.5 It has been indicated that the implementation of REACH will become a great challenge for the Indian textile industry. Indian processors and manufacturers of clothing use a number of chemical substances, such as solvents, pigments and dyestuffs. In view of the export to the EU, these chemicals have to undergo the process of registration, evaluation and authorisation under REACH.6 The Indian government has to create adequate infrastructure, so that exporters can comply with REACH.7