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A natural or legal person established outside the Community who manufactures a
substance on its own, in preparations or in articles, formulates a preparation or produces an
article that is imported into the Community may by mutual agreement appoint a natural or
legal person established in the Community to fulfil, as his only representative, the
obligations on importers under this Title.
The 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 36, 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 31.
If a representative is appointed in accordance with paragraphs 1 and 2, the non-Community
manufacturer 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 Regulation.