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Austria

Legal Basis

For the area of responsibility of the Federal Ministry of Defence and Sports (FMoDS), the enforcement of the REACH Regulation and the exemption possibilities are covered in §8 Chemical Law.

(ChemG 1996; amended last 2012 with BGBl. I Nr. 7/2012)

 

Description of National Procedure

According to the legislative intent of the REACH Adaptation Act, interests of defence comprise activities

• of the area of responsibility of the FMoDS,

• of forces stationed in the Federal Republic of Austria on the basis of international treaties, and

• of institutions used by the FMoDS or these forces to fulfil their respective tasks.

 

Applications for exemptions must include:

1. name(s) and reference(s) of applicant(s)
2. names and references of beneficiaries if they differ from applicant(s)
3. the name and contact details of the importer/manufacturer
4. The excemptions in REACH that are being claimed for the exemption must be specified.
5. Information as to what the exemption relates to, and which substance(s) the exemption relates to, including a classification of the substances according to current legislation; Accurate description of the substance(s), mixture(s) or article(s), featuring technical reference(s), trade name(s) and considered suppliers.
6. Reason for exemption (based on (total) defence interests);
7. uses and quantities (imported amount per year; information about the use of the substance) Use of the product for which the exemption is requested.
8. Information regarding protective measures and alternative substances i.e. the safeguards that are recommended (for air, water and land) and the extent to which there are alternatives;
9. Information on possible alternative uses of the substance(s)
10. start date and desired duration of defence exemption
11. Description of international initiatives and their results if the exemption request relates to international issues such as exemption dossiers in other countries, distributed production, import/export;
12. Registration number; Information on pre-notification must be specified if it is a question of an exception from the registration requirement.

 

Exemptions are based on the provisions of Austrian occupational safety and health legislation and refers exclusively to defence materiel already introduced or to be introduced in the austrian armed forces.

 

An application is made at BMLFUW and referred to FMoDS; FMoDS judges whether there exist interests of the national defence.

 

Description of National Safeguard Measures

National Safeguard Measures mirror those imposed by REACH.

 

National Bodies Involved

The setup of the defence exemption procedure is led by the BMLFUW in connection with FMoDS.

 

Where to File an Application

Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft

Stubenring 1, 1012 Wien, Österreich

E-Mail: service@lebensministerium.at

 

It is recommended to have a preliminary contact with FMoDS.

 

Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions

Foreign defence exemptions are taken into consideration during the national procedure, however the exemption decision will be based on a separate national assessment.

 

Number of Exemptions Granted

Today, no defence exemption has been granted

 

Contact Info

roland.lackinger@bmlvs.gv.at or arwt.abcut@bmlvs.gv.at

Link to national web site(s) (if any)