Third Party / Trustee
In Article 4 of the Regulation, REACH offers manufacturers or importers and, under certain conditions, downstream users, the possibility of appointing a third party as a representative in discussions with other manufacturers, importers or downstream users. This means that you can protect your trade secrets relating to your registration strategy and you remain fully responsible under the REACH Regulation as the representative shall only handle communication tasks with the other party. The European Chemicals Agency (ECHA) is informed of the identity of the registrant, but this is not passed onto others.
In some cases, we have already taken over this function. Find out about the opportunities and benefits of such a solution.
The trustee is not a legally defined role in the REACH process. However, situations always arise in the context of a registration or authorisation or as part of a SIEF communication in which data relevant to competition law must be exchanged or collected. The exchange of data on imported or manufactured quantities or about production processes or suppliers is strictly prohibited by European competition law. To be able to ensure registration or authorisation in good or due form or to satisfy certain data requests by the authorities, these data are often needed however. In other cases, the exchange of data with co-registrants is legally unobjectionable, but the registrant may not want to share certain information with competitors.
In all these cases it is advisable to appoint a trustee. The trustee collects the data in a company and passes it on through the appropriate channels. Often the data are anonymised and also put in a new context and then used for the registration. In any case, the trustee ensures that sensitive data does not fall into the hands of competitors or makes registration or authorisation possible by collecting this data and transmitting it anonymously or in a consolidated form.
We would be happy to assist you so that you can continue to keep your competitive edge or even expand it. Talk to us about it.