REACH and the Fragrance Oil Importer: Who Files What
You import fragrance oils into the EU and a customer asks who is responsible for REACH — you, the non-EU factory, or the formulator further downstream. Everyone points at someone else, and you are left holding a container at the border with
You import fragrance oils into the EU and a customer asks who is responsible for REACH — you, the non-EU factory, or the formulator further downstream. Everyone points at someone else, and you are left holding a container at the border without a clear answer on which party had to register, notify or document what.
This article explains the REACH roles that apply to fragrance oil imports, what each party must file, and how the obligations split between a non-EU supplier, an EU importer and a downstream user. It is written for private label buyers who need to know who files what before a shipment, not after it is stopped.
Table of Contents
- REACH roles and who is what
- Registration, authorisation and restriction
- The importer's duty and the only representative route
- Downstream users, and SDS and CLP alongside REACH
- What to request, and the failures to avoid
- Practical guide: mapping REACH duties before import
- Frequently asked questions
- Conclusion
REACH roles and who is what
REACH assigns obligations by role, not by who owns the goods. The four roles that matter for a fragrance oil are the manufacturer, the importer, the downstream user and the only representative, and a single company can hold more than one role for different substances in the same shipment.
| Role | Who holds it | Core obligation |
|---|---|---|
| Manufacturer | Makes the substance in the EU | Registration |
| Importer | Brings it into the EU | Registration duty |
| Only representative | EU entity for a non-EU factory | Registration on behalf |
| Downstream user | Buys and uses within the EU | Follow use conditions |
Manufacturer versus importer
The manufacturer makes a substance inside the EU; the importer brings it in from outside and is treated as responsible for registration in the same way a manufacturer is. For a fragrance oil bought from an Asian factory, the EU buyer is usually the importer and therefore carries the registration duty.
Downstream user is the lighter role
A downstream user buys a substance or mixture within the EU and uses it, rather than placing it on the market as a substance. The downstream user does not register, but must follow the use conditions in the supplier's exposure scenario and may need to report uses outside them.
Registration, authorisation and restriction
REACH is often discussed as one thing, but it contains three distinct mechanisms that apply to fragrance oils in different ways.
Registration is about knowing the substance
Registration requires a dossier describing the substance's properties, uses and risk management for the tonnage imported. It is triggered by the annual volume and applies to the substance as manufactured or imported.
Authorisation and restriction control specific hazards
Authorisation applies to a defined list of substances of very high concern, which require permission for specified uses. Restriction limits or bans the manufacture, placing on the market or use of certain substances regardless of tonnage, so a fragrance oil containing a restricted substance must respect the restriction even at small volumes.
Why a fragrance oil is treated substance by substance
Fragrance oils are mixtures, and registration applies to the constituent substances, not to the mixture as a whole. The buyer who asks "is my oil registered?" is asking the wrong question; the right question is which substances in it exceed the tonnage threshold and who has registered each.
The importer's duty and the only representative route
The registration obligation begins at one tonne per year of a substance per legal entity, and the data requirements scale with the tonnage band. Below that threshold the substance is not exempt from other REACH duties, but registration is not required.
How tonnage is counted
Tonnage is counted per substance per importer per calendar year, not per product. An importer moving many oils may register only the few substances that exceed the band, and the duty cannot be offloaded by ignoring it: if no one has registered a substance and it crosses the threshold, the importer must register it or stop importing it.
The only representative moves the duty upstream
A non-EU factory can appoint an EU-based only representative to register a substance on its behalf, so the EU importer becomes a downstream user for that substance. The arrangement must be formal, cover the tonnage the buyer actually imports, and name the buyer's uses where relevant, and the buyer should verify the appointment covers the specific substance and volume rather than accepting a general compliance letter.
Downstream users, and SDS and CLP alongside REACH
If registration is properly in place, the EU buyer's obligations become those of a downstream user, which are narrower but not zero. The safety data sheet and classification rules travel alongside REACH on the same document.
| Document | Who prepares it | What it must reflect |
|---|---|---|
| Safety data sheet | EU supplier or importer | Classification, hazard and safe use information |
| CLP label | Supplier placing on the market | Hazard pictograms and statements |
| Registration dossier | Registrant or only representative | Substance properties and uses by tonnage |
| Exposure scenario | Registrant | Safe use conditions for downstream users |
The SDS must be in the receiving market's language
An SDS supplied by a non-EU factory in another language does not satisfy the EU buyer's duty to communicate hazard information. The importer or downstream supplier must provide an SDS that meets the receiving market's format and language requirements, a point that also surfaces in our ingredient check guide.
What to request, and the failures to avoid
Before importing, ask the non-EU supplier for the documents that tell you which role you will occupy, and avoid the failures that typically surface at the border.
The short document checklist
Request the full substance list with CAS numbers, the registration status of each substance above one tonne per year, confirmation of any only representative appointment, the current SDS, and the classification of the mixture. These five items determine whether you register, rely on a representative, or act as a downstream user, and they should be pinned in writing in the supply agreement.
Recurring failures and the tonnage refresh
A foreign certificate of compliance is not the same as a valid EU registration, and a certificate is not a substitute for confirming the registration actually covers your substance and tonnage. As volumes grow, a substance can cross into a higher tonnage band and trigger additional data requirements, so revisit the tonnage each year rather than treating registration as a one-time event. For buyers structuring their first orders, our starter set guide and the packaging options help keep volumes deliberate from the outset.
Practical guide: mapping REACH duties before import
Step 1 — List every substance with its CAS number
Obtain the full composition from the supplier and identify the individual substances in each fragrance oil, so you work at the substance level rather than the mixture level.
Step 2 — Calculate the annual tonnage per substance
For each substance, estimate the total volume you will import in a calendar year across all products, to see which substances cross the one-tonne threshold.
Step 3 — Establish the role for each substance
Determine whether you are the importer, a downstream user relying on an only representative, or a downstream user buying within the EU, for each substance individually.
Step 4 — Verify any only representative appointment
If the supplier claims an only representative, confirm in writing that the appointment covers your specific substances and your actual tonnage and uses.
Step 5 — Secure the SDS and exposure scenario
Obtain an SDS in the receiving market's language and confirm the exposure scenario covers your intended uses before you place the order.
Step 6 — Record roles and refresh the tonnage
Write the agreed roles, tonnage and documentation duties into the supply agreement, and set a date to refresh the tonnage calculation each year.
Frequently asked questions
What is REACH?
REACH is the EU regulation covering the registration, evaluation, authorisation and restriction of chemicals, and it assigns obligations to manufacturers, importers and downstream users based on the substances they handle.
Who is the importer of a fragrance oil?
The EU entity that brings the oil into the EU from outside is the importer for REACH purposes and carries the registration duty unless a valid only representative arrangement moves it upstream.
What is an only representative?
An only representative is an EU-based entity appointed by a non-EU manufacturer to register a substance on its behalf, allowing EU buyers to act as downstream users rather than importers.
Does registration apply to a fragrance oil or to its ingredients?
It applies to the individual substances in the oil, not to the mixture as a whole, so the question is which constituent substances exceed one tonne per year and who registers each.
What is the difference between registration and restriction?
Registration requires a dossier once a substance crosses a tonnage threshold, while restriction limits or bans specific uses of certain substances regardless of volume.
Do I have to register if my oil contains only small quantities?
Registration is triggered per substance at one tonne per year, so below that threshold you do not register, but other REACH and CLP duties such as the SDS and labelling still apply.
Can I rely on the factory's certificate of compliance?
Not on its own. A foreign certificate is not an EU registration; you must confirm the substance is actually registered through a valid only representative that covers your tonnage and uses.
Where can I confirm the current REACH thresholds and lists?
Check the official agency guidance and the current consolidated regulation text, and confirm any tonnage band, candidate list entry or restriction against the official source rather than a supplier summary.
Conclusion
REACH compliance for a fragrance oil is a role and tonnage question, not a single certificate you can buy. Identify which substances you import above the threshold, establish whether you are the importer or a downstream user, and verify any only representative appointment covers your real volume before the goods move.
The work is front-loaded and inexpensive compared with a stopped container. List the substances, calculate the tonnage, secure the SDS and exposure scenario, and pin the roles in the supply agreement — then the answer to "who files what" is written down instead of argued about at the border.
Discuss your fragrance programme with our team:
WhatsApp: +86 17324762943
Email: adon@customperfumeoem.com
Website: customperfumeoem.com
