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Once you have appointed Lisam Only Representative Service as your Only Representative (OR) by means of an agreement supported reciprocity, all that's left for you to notify each of your importers within Turkey that we are your KKDIK Turkish REACH Only Representative. We glance after the remainder.
If you are a non Turkish-manufacturer of chemicals, and export your articles, substances or mixtures to Turkey, you have to comply with the KKDİK Turkish REACH regulation. You will need to appoint a KKDİK Only Representative (OR). Lisam Systems sets the regulatory scene to ensure full compliance.
In Turkey, the KKDIK Regulation applies to chemical substances, and as such also to substances present in the formulations of cosmetic and household products. Each Turkey producer or Turkey importer has to ensure (or validate) the registration obligation of individual substances under KKDIK (No: 30105) before placing a product on the market.
All Turkey manufacturers, all Turkey importers or their suppliers of chemical substances have an obligation to submit a registration to Ministry of Environment for each substance manufactured or imported per year per company (legal entity) in Turkey. The registration responsibility applies to volumes per substance and per legal entity above1 ton once a year.
What is a KKDİK Turkish REACH Only representative?
A KKDİK Turkish REACH Only Representative is according to article 9 of the KKDİK Turkish REACH regulation 301105 a “natural or legal person established outside the community who manufactures a substance on its own, in mixtures or in articles, formulates a mixture or produces an article that is imported in the Community to fulfill, as his only representative, the obligations on importers under this Title.“
The KKDİK only representative shall also comply with all other obligations of importers under this Regulation. To this end, he shall have a sufficient background in the practical handling of substances and the information related to them and, without prejudice to Article 32, shall keep available and up-to-date information on quantities imported and customers sold to, as well as information on the supply of the latest update of the safety data sheet referred to in Article 27.
If a KKDİK only representative is appointed in accordance with paragraphs 1 and 2, the non-resident manufacturer in Turkey shall inform the importer(s) within the same supply chain of the appointment. These importers shall be regarded as downstream users for the purposes of this Bylaw.
Benefits of Appointing KKDIK Turkish REACH Only Representative
You ensure that importers are exempt from registration (Turkish-REACH) obligations and have continuous access to the Turkish market. (The priority of importers will be to purchase substances registered in KKDİK)
In Turkey, the obligation to be dependent on a single importer is reduced and if the importer's business activity is terminated, you can find a new importer.
Take advantage of other suppliers that do not register their substances of 1 ton or more per year.
Note: Importers will be exempted from KKDİK Turkish REACH registration if their non-Turkish suppliers have registered; however, importers need to confirm with their suppliers' Only Representative that they are included in the inventory of importers and their tonnage and uses are covered by the Only Representative. This can be done by asking for KKDİK Turkish REACH Certificate of Compliance from the only representative of their suppliers before they present chemicals on the TR market.
KKDIK (Turkish REACH) Only Representative Service by Lisam Systems Turkey
KKDIK Turkish REACH requires all manufacturers, importers or placing a substance on Turkish market in quantities greater than 1 tonne per annum to register their substances on Turkey Chemical Registration System by Ministry of Environment and Urbanization. KKDIK Turkish REACH includes manufacturing, placing on the market or use of the substances on their own, in a mixture or in an article and placing the mixtures on the market greater 1 TPA.
Due to legal causes, only companies having legal establishment in Turkey are allowed to register; however, non-Turkish companies can register by assigning a Turkey-based only representative to register on behalf of them, in which case their importers are considered downstream users and do not need to register.
Under Lisam costing strategy, Turkish REACH (KKDİK) services cost of Lisam depends on the number, annual tonnage band and the characteristics of your substances of inventory. If you are looking for an experienced and cost-effective "KKDİK only representative" or would like to replace OR, please feel free to contact us for more advice.
Who Can Be Appointed as KKDİK Turkish REACH Only Representative?
According to Ministry of Environment Turkey summary KKDİK Turkish REACH Only representatives have to be:
A natural person or legal entity established physically in Turkey,
Equipped with sufficient knowledge in the practical handling of the substances and information related to them
Appointed by a mutual agreement with a manufacturer, formulator or article producer, established outside Turkey
Responsible for complying with the legal requirements for importers under KKDİK Turkish REACH
As explained above, non-Turkish companies can take part in the KKDİK Turkish REACH registration process via an Only Representative (OR). The OR represents your interests before Turkey authorities, ensures your KKDİK Turkish REACH compliance and fulfils all your legal responsibilities.
We always build on what is already available. After a careful situation and data analysis, we develop sensible, economically justifiable test and registration strategies and then conduct the registration with Turkish Ministry of Environment in agreement with you.
When choosing an KKDIK Only Representative you have three options as a non-Turkish company:
You set up a legal entity based in Turkey that will act as your KKDİK Only Representative. This option requires legal & administrative preparation. Also, you should be aware that the legal entity must be a real company, not just a postal address, i.e. authorities should be able to talk to a representative directly.
You designate your Turkey customer (distributor or importer) to act as your Only Representative. This option is risky in the sense that you have to be ready to share some proprietary & confidential information with your customer. You will also find that mixing business with compliance will bring a different nature to your collaboration.
You designate a regulatory consulting firm such as Lisam. This option allows you to trust a neutral company expert in KKDİK Turkish REACH compliance.
What does a KKDIK Turkish REACH Only Representative do?
In accordance with the Article 9 of KKDIK Turkish REACH , the Ony Represebtative takes on the obligations of importers under Turkish REACH , in which case importers will be regarded as downstream users (thus do not need to register).
Those obligations include:
Maintain registration data (company identity, annual tonnage, etc ) submitted to Ministry of Environment through Chemical Registration System (KKS)
Represent your company in SIEF/Consortium after pre-SIEF registration and keep you informed of the latest progress of SIEF/Consortium;
Supply safety sata sheets or transmit SDS along the supply chain and keep information on the supply of the latest update of the SDS;
Communicate with Turkish importers and regulatory authorities and issue necessary documents to ensure KKDİK Turkish REACH compliance;
Keep an up-to-date list on the inventory of importers and the tonnage covered for each of these importers and keep the above information for at least 10 years and provide it to enforcement authorities upon request;
Registration, notification and authorization of substances,
Why do I need to appoint an Only Representative?
You should appoint an Only Representative if you want to better control the business you do with Turkish customers and have more choice when it comes to new collaborations. If you choose not to appoint an Only Representative you will be restricted in your client choice and will only be able to deal with KKDİK Turkish REACH compliant clients.
Basically you could be faced with two situations:
Your TR client is already KKDİK Turkish REACH compliant and they accept to take into consideration the tonnage that you sell to them, i.e. you’re covered by your client’s KKDİK Turkish REACH registration.
Your TR client is not compliant, or does not want to register for any supplier: you cannot do business with such client unless you designate an OR and take care of your own KKDİK Turkish REACH compliance.
Follow our example:
If a company sells 95 metric tonnes (MT) to “company B” then “company B” must ensure KKDİK Turkish REACH registration for the tonnage band 1-100 MT. When the non-TR company A starts selling 10 MT to Company B, there are two options:
1) Company B can update its registration dossier with the non-TR company’s data to ensure KKDİK Turkish REACH compliance with the higher tonnage band: 100 to 1,000 MT. In this case, “company A” forces “company B” to update its registration dossier to a higher tonnage band.
2) “Company B” can require “company A” to appoint an KKDİK Only Representative so that he does not have to updated its registration dossier to a higher tonnage band.
Appointing a KKDİK Only Representative is a win-win situation for “company A” and “company B”:
Company B will avoid additional costs associated to the necessary update of the KKDİK Turkish REACH dossier
Company A will secure business with Company B and will be able to find new customers.
By appointing a KKDİK Turkish REACH OR, you create a real competitive advantage thanks to your compliance. Turkish clients will be more inclined to do business with you!
Who has to register?
The obligation to register a substance applies only to certain actors established in Turkey.
Before explaining the obligations of registrants, it is important to have a clear understanding on the different roles a company may have under the KKDIK Turkish REACH Regulation.
One legal entity may have various roles depending on its activities, even for the same substance (e.g. manufacturer and importer).
Therefore, it is very important that companies correctly identify their role or roles in the supply chain for each substance they handle, because this will be a decisive factor in determining their registration obligations.
The following roles may be adopted in the context of KKDIK:
Manufacturer: means any natural or legal person established within Turkey who manufactures a substance within Turkey.
Importer: means any natural or legal person established within Turkey who is responsible for import.
Only Representative: means a natural or legal person established in Turkey and appointed by a manufacturer, formulator or producer of an article established outside Turkey to fulfil the obligations of importers
Downstream user: means any natural or legal person established within Turkey, other than the manufacturer or the importer, who uses a substance, either on its own or in a mixture, in the course of his industrial or professional activities.
Producer of an article: means any natural or legal person who makes or assembles an article within Turkey.
Distributor: means any natural or legal person established within Turkey including a retailer, who only stores and places on the market a substance, on its own or in a mixture, for third parties.
Supplier of a substance or a mixture: means any manufacturer, importer, downstream user or distributor placing on the market a substance, on its own or in a mixture, or a mixture.