3.1 What are the obligations of non-TR companies?
Manufacturers established outside of Turkey do not have direct obligations under TURKREACH KKDIK . Non-TR companies exporting substances to Turkey can (but are not obliged to) appoint an "only representative" to fulfil the obligations of importers according to Article 9 of TURKREACH KKDIK .
Stationary importer in Turkey must fulfill the obligations of TURKREACH KKDIK Regulation. A manufacturer is identified as stationary real person or legal entity in Turkey who manufactures a substance in Turkey according to Article 4(p) of TURKREACH KKDIK .
More guidance on only representatives can be found in FAQ section 4 or in section 18.104.22.168 - 'Only representative of a "non-TR manufacturer"' of the Guidance on registration..
3.2 What are the obligations of importers of articles?
Under some circumstances article importers have to register or notify substances in articles to MoEU (see Article 8 of TURKREACH KKDIK ); these obligations are in general the same as for producers of articles. When placing articles on the market in the Turkey, importers of articles may also have to communicate information on substances in their articles to their customers. In order to establish whether registration, notification or communication duties apply, any importer of articles is advised to follow first the Guidance in a Nutshell on requirements for substances in articles.
4.1 Who can appoint an only representative?
TR who manufactures substances (to be used on their own, in mixtures and/or to produce articles), formulates mixtures or produces articles, can nominate an only representative located within the TR to carry out the required registration of their substances that are imported (as such, in mixtures and/or in articles) into the TR. Distributors are not mentioned in Article 9(1) of TURKREACH KKDIK and thus cannot appoint an only representative.
The only representative will have to fulfil the registration obligations of importers and comply with all other obligations of importers under the TREACH Regulation. More information on the only representative role is provided in section 22.214.171.124- 'Only representative of a "non-TR manufacturer"' of the Guidance on registration.
4.2 Who can be appointed as an only representative?
A non-TR company (that can appoint an only representative, see FAQ 4.1) may, by mutual agreement, appoint a natural or legal person established in Turkey to act as his only representative. According to Article 9(2) of TURKREACH KKDIK this representative shall comply with all obligations of importers under TURKREACH KKDIK . Therefore the only representative is required to have sufficient background in the practical handling of substances and the information related to them. More information on the only representative is also provided in section 126.96.36.199- 'Only representative of a "non-TR manufacturer"' of the Guidance on registration.
4.3 Is there a special procedure to appoint an only representative?
There are no detailed requirements or criteria regarding what is regarded as "sufficient background in the practical handling of substances and the information related to them" other than what is laid down in Article 9(2) of TURKREACH KKDIK .
4.4 What is meant by the "sufficient background" of an only representative?
The issue of becoming an only representative is a question of mutual agreement between the "non-TR manufacturer" and the natural or legal person established in the TR who is being appointed as an only representative.
"Non-TR manufacturers" need to send a letter confirming this appointment to their only representative who must have it available in case of inspection by the relevant authority. More information on the duties of the only representative is provided in section 188.8.131.52- 'Only representative of a "non-TR manufacturer"' of the Guidance on registration.
In addition the "non-TR manufacturer" shall inform the importer(s) within the same supply chain of the appointment of the only representative according to Article 8(3) of the TURKREACH KKDIK Regulation. These importers shall be regarded as downstream users.
4.5 Can an only representative represent more than one company?
Yes, an only representative can represent one or several non-TR companies that manufacture substances, formulate mixtures or produce articles which are exported to the Turkey, even for the same substance. More information on the duties of the only representative is provided in section 184.108.40.206- 'Only representative of a "non-TR manufacturer"' of the Guidance on registration.
4.6 How can "non-TR manufacturers" help their only representative or importers to prepare for registration?
The importer or the only representative is responsible for submitting a registration dossier or a pre-registration to take advantage from the extended registration deadlines for phase-in substances. In order to assist these actors under TURKREACH KKDIK , the "non-TR manufacturer" may wish to make himself aware of the information requirements laid down in TURKREACH KKDIK and start to collect the relevant information. This may include correct identification (CAS or EINECS/ELINCS/NLP) number and naming of the substance and information on its composition. This is explained in more detail in the Guidance for identification and naming of substances under TURKREACH KKDIK and CLP. The "non-TR manufacturer" may also assist in providing all available information regarding the intrinsic properties of the substances (see Annex VII to XI of TURKREACH KKDIK ).
However, these supporting measures of the "non-TR manufacturer" cannot relieve the only representative or the importer from the duty to comply with all relevant obligations of the TURKREACH KKDIK Regulation.
4.7 As an only representative, do I need to specify in the registration dossier the identity of the "non-TR manufacturer" I am representing?
An only representative must be able to document who he is representing (i.e. the name of the non-TR manufacture should be given in Chemical Registration System) and is advised to attach a document from the "non-TR manufacturer" appointing him as only representative in CRS.
It is not mandatory to include this information in the registration dossier, but it needs to be presented to the enforcement authorities upon request. Furthermore an only representative is advised to include the "list of importers" in CRS.
4.8 Have registered a substance as an only representative of a non-TR manufacturer. Does a change of the importers of the non-TR manufacturer trigger the need for an update of the registration, and would this update be subject to a fee?
The change of importers of a substance supplied by a non-TR manufacturer who appointed an only representative to register this substance does not trigger the requirement to update the list of importers indicated in Chemical Registration System (CRS) dossier. However, the only representative is required, in accordance with Article 9(2) of TURKREACH KKDIK , to keep available and up-to-date information on quantities imported and customers sold to.
Information on the importers may be reported in CRS. The update of this list of importers is not subject to any fee
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