Doruk Sistem - TURK / REACH
KKDIK(TURK REACH) FAQ
Frequently Asked Questions About KKDIK II
3.1 What are the obligations of companies located outside of Türkiye?
Manufacturers located outside of Turkey are not directly liable under the TURKREACH KKDIK Regulation. The importer established in Turkey has to fulfill the obligations of the KKDIK Regulation. In Article 4(p) of TURKREACH KKDIK Regulation, the manufacturer is defined as ‘the natural or legal person residing in Turkey who manufactures the substance in Turkey’. Companies located outside of Turkey that export a substance to Turkey alone, in a mixture or in an article can appoint an only representative according to Article 9 of the KKDIK Regulation (not mandatory) in order to fulfill the obligations of the importers. More information on the only representative can be found in FAQ Chapter 4 or Registration Guide 1.5.3.4 ‘Only representative of a company established outside of Turkey’.
3.2 What are the obligations of importers of goods?
Under certain conditions, importers of goods have to register or notify the Ministry of the substances in the goods ( see Article 8 of TURKREACH KKDIK Regulation); these obligations are generally the same as those of the manufacturers of the articles. When goods are supplied to the Turkish market, the importers of the goods may be required to provide their customers with information about the substances in their goods separately. It is recommended that importers of articles first follow the Guidance on Conditions for Substances in Goods to determine whether they have registration, notification or communication duties. 4.1 Who can appoint an only representative? TURKREACH KKDIKAccording to Article 9(1) of the Regulation, a natural or legal person outside Turkey who manufactures a substance, prepares a mixture or produces an article on its own, in a mixture or in an article for import into Turkey, is a real person resident in Turkey. or appoint a legal person as its sole representative to fulfill the importer obligations under this Regulation. Distributors cannot appoint an only representative as they are not specified in Article 9(1). The only representative must fulfill the registration obligation of the importers and comply with all other obligations of the importers according to the TURKREACH KKDIK Regulation. More information on the duties of the only representative is given in the Registration Guidelines 1.5.3.4-‘Exclusive representatives of manufacturers established outside Turkey’.
4.1 Who can appoint an only representative?
4.2 Who can be appointed as the only representative?
A firm residing outside of Turkey (see FAQ 4.1 for a firm that can appoint an only representative) may appoint a natural or legal person resident in Turkey as its sole representative by mutual agreement. According to Article 9(2) of the TURKREACH KKDIK Regulation, this only representative fulfills all the obligations of the importers within the scope of the Regulation. The only representative must therefore have sufficient practical experience and knowledge of the handling of chemicals. More information on the only representative can be found in the Registration Guidelines 1.5.3.4-‘Only representative of manufacturers located outside of Turkey’.
4.3 What does it mean for an only representative to have sufficient experience?
Except for those specified in Article 9(2) of the KKDIK Regulation, there are no criteria or detailed requirements for ‘sufficient practical experience and knowledge of handling chemicals’.
4.4 Is there a special procedure for appointing an Only Representative?
The issue of being the only representative is a matter of mutual agreement between the manufacturer located outside of Turkey and a natural or legal person residing in Turkey and to be appointed as the only representative. When the only representative is to submit the registration dossier(s), it is recommended that he also submits copies of all documents certifying his/her formal appointment. Further information on the duties of the only representative is given in the Registration Guidelines 1.5.3.4-‘Exclusive representatives of manufacturers established outside Turkey’. In case of appointment of an only representative, according to Article 8(3) of KKDIK, the manufacturer not established in Turkey notifies the importers in the same supply chain. These importers are considered downstream users.
4.5 Can an only representative represent one or more companies?
Yes. The only representative may represent one or more companies located outside of Turkey that manufacture substances, formulate mixtures or manufacture articles exported to Turkey, even if they produce the same substances. Further information on the duties of the only representative is given in the Registration Guidelines 1.5.3.4- ‘Exclusive representatives of manufacturers established outside Turkey’.
4.6 How can manufacturers based outside Turkey assist their only representatives or importers in preparing the registration dossier?
Manufacturers located outside of Turkey can start collecting relevant information to assist their only representatives and importers under TURKREACH KKDIK . This information includes the full name of the substance, its number (CAS or EINECS/ELINCS/NLP) and information on its composition. This information is given in more detail in the ‘Guideline for Nomenclature of Chemical Substances within the Scope of KKDIK’. A manufacturer located outside of Turkey may also contribute by providing available information on the intrinsic properties of the substance (See TURKREACH KKDIK Regulation Annex 7-11).
4.7 Do I need to specify the identity of the manufacturer located outside of Turkey, which I represent as the only representative, in the registration dossier?
The only representative must document who he represents. For example, the name of the manufacturer located outside of Turkey should be given in the Chemical Registration System (KKS), and it is recommended to add the document obtained from the manufacturer located outside Turkey, which appointed him as the only representative, to the KKS.
This information is not required to be included in the registration dossier; however, it must be submitted if requested by the Ministry. It is also recommended that the only representative add the list of importers in the KKS.
4.8 I have registered a substance as the sole representative of the manufacturer located outside of Turkey. Does a change in the importers of the manufacturer located outside of Turkey require updating the record and is this update subject to a fee?
Changing the importers of the substance given by the manufacturer located outside of Turkey who has appointed an only representative to register a substance does not require updating the importer list specified in Section 1.7 of the KKS file of the relevant substance.
However, the only representative is required to keep up-to-date data on the quantities imported into Turkey and sold to customers in accordance with Article 9(2) of the TURKREACH KKDIK Regulation. Information about importers can be reported in KKS. Updating the importer list is free of charge.