Table of Contents
- Introduction
- What is the meaning of Only Representative?
- Understanding the Role of an Only Representative
- KKDIK Regulation and Only Representatives in Turkey
- Advantages of Utilizing Only Representative Services
- How to Select the Right Only Representative
- KKDIK Only Representative Services
- Frequently Asked Questions – FAQ
Introduction
Navigating the complexities of the Turkish chemical regulations, particularly under Turkey’s REACH (KKDIK) regulation, can be daunting for international companies. Appointing an “Only Representative” (OR) is crucial for non-Turkish manufacturers who aim to comply with these stringent requirements while marketing their products in Turkey. This article explores the role of the ORs under Turkey’s REACH, alias KKDIK, its benefits, and how we can assist your business in maintaining compliance.
What is the meaning of Only Representative?
According to ECHA, an only representative is a legal entity based within the Community that acts on behalf of a non-Community company. So, if someone takes over the tasks and responsibilities of an importer of a substance under REACH, that means he/she is the only representative. You can see ECHA’s page on only representative here.
The situation is also similar for Turkey. Companies outside the Republic of Turkey may appoint an OR to take care of their legal responsibilities related to chemical regulations.
Understanding the Role of an Only Representative
The duties that an OR based in the EEA performs are summarised below:
• Registering substances
• Complying with REACH requirements
• Acting as a point of contact for authorities
Whereas, the duties of a KKDIK-only representative may include the following:
- Fulfilment of the importer obligations under KKDIK (Turkey REACH)
- Completion Pre-Registration of the substances
- Attendance to “Pre SIEF” as OR
- Follow-up pre-SIEF activities
- Performing all necessary communications within the consortium for regarding substance
- Fulfilment of the supply chain’s information obligations
- Providing communication with importers
By performing these duties, only representatives simplify market access for foreign companies. They handle the complex chemical legislation tasks while the companies focus on production and sales. This way, companies do not have to fully depend on individual importers, as they have ORs nearby.
KKDIK Regulation and Only Representatives in Turkey
In the Turkey REACH (KKDIK) Regulation, some articles are related to ORs. These are as below:
“Article 9
(1) A natural or legal person -who manufactures a substance on its own, in a mixture, or in an article; prepares a mixture; or produces an article for the purpose of importing it into Turkey-outside of Turkey, may appoint a natural or legal person residing in Turkey as their OR to fulfil the importer obligations under this Regulation, through mutual agreement. In the case of appointing an only representative, the only representative is responsible for fulfilling the importer obligations under this Regulation.
(2) The only representative must have sufficient knowledge regarding the substance and its use, and must, without prejudice to the provisions of Article 32, maintain up-to-date information about the quantities imported, the customers to whom sales have been made, and ensure the availability of the latest update of the safety data sheet referred to in Article 27.
(3) In the event of the appointment of an only representative under the first and second paragraphs, the manufacturer not residing in Turkey must inform the importers in the same supply chain. These importers are considered downstream users under this Regulation.”
To clarify the position of only representatives in the Turkish chemical legislation, you can review the table below:
| Task | Description | Relevant Regulation |
| Registration | Manage the registration processes of chemical substances and ensure compliance with Turkey REACH (KKDIK). | KKDIK By Law (30105, 23/06/2017) |
| Documentation | Collect, prepare, and submit relevant documents to the competent authorities. | SEA By Law (28848, 11/12/2013) |
| Risk Assessment | Assess the impact of imported chemicals on human health and the environment. | KKDIK By law, Article 15 |
| Information Provision | Create and update Safety Data Sheets (SDS) for the products. | KKDIK By Law, Article 27 |
| Communication with Authorities | Maintain continuous communication with the relevant authorities in Turkey and provide information when necessary. | KKDIK By law, Article 9 |
| Monitoring and Reporting | Monitor the usage of chemicals and prepare the necessary reports. | KKDIK By Law, Article 22 |
Advantages of Utilizing Only Representative Services
The utilization of Only Representative Services brings forth a myriad of advantages. Beyond mere representation, these services boast expertise in navigating the regulatory intricacies of KKDIK. Their adept understanding of the law allows for the seamless integration of non-Turkish manufacturers into the Turkish market. Furthermore, by streamlining communication with Turkish authorities, Only Representative Services facilitates a more efficient and transparent compliance process. So it is quite advantageous to assign an Only Representative for your KKDIK registration.
How to Select the Right Only Representative
In the KKDIK registration process, choosing the right OR is crucial. Firstly, an OR is someone who becomes the bridge between non-Turkish manufacturers and Turkish authorities. So they need to have effective communication skills. And of course, industry expertise and a proven track record in regulatory compliance are a must. With these elements coming together, a smooth exchange of timely and accurate information will be provided, and a successful partnership will be achieved. We have been supporting many companies with our Only Representative Services.
KKDIK Only Representative Services
Amidst the labyrinth of KKDIK compliance, our KKDIK Only Representative Services (OR Services) emerge as invaluable allies for non-Turkish manufacturers. These services function as intermediaries, representing the interests of manufacturers who may lack a physical presence in Turkey. By acting as a liaison between these manufacturers and Turkish authorities, Our OR Services play a pivotal role in ensuring compliance with KKDIK.
If you also value communication, experience, and expertise, you can contact us and provide regulatory compliance for your company with our expert ORs.
Frequently Asked Questions – FAQ
It is a legal or natural person who acts on behalf of a non-EU company. Third-party representatives support companies in processes related to the REACH Regulation.
“Third-party rep” refers to a “third party representative (TPR)” that acts on behalf of another party.
A REACH-only representative must be a natural person or a legal entity established physically within the Community. It must have the necessary knowledge and must be appointed by a manufacturer, formulator, or article producer based outside the Community.