The possibility of exemption for EC Member States referred to Article 2 (3) of Regulation EC 1907/2006 (REACH) provides that exemptions from these regulations may be authorized in specific cases for certain substances, as is or in a preparation or an article, where necessary to the interests of Defense.
Regarding the context of exemptions there are no other national laws. Therefore the Ministry of Defense (MOD) is not mandated to grant exemption as provided for in Article 2 (3) of Regulation EC 1907/2006.
The Federal public service Health, Food chain safety and Environment is the Belgian authority that is mandated to grant an exemption to Regulation 1907/2006 on the basis of article 7 of Law of December 21, 1998 on product standards for promoting sustainable production and consumption patterns and for safeguarding the environment and public health (Chapter VI).
Description of National Procedure
MOD does not manufacture substance. Sometimes MOD is obliged to import substances or preparations from non-EU members. The quantity of imported substances is very low and does not exceed the limit of 1 tonne per year.
If MOD is expected to import substances in excess of the amount it must respect the regulation REACH. In cases where MOD considers it necessary for an exemption for a substance imported it will undertake the necessary steps with the Belgian competent authority.
The industrial sector that would provide a substance to MOD and considers the need for an exemption must approach the Belgian competent authority himself.
In case of exemption for a substance, the obligation to provide information on intrinsic properties of substances that may be dangerous to humans or the environment must be respected. A safety data sheet must be provided in accordance with Article 31 of Regulation EC 1907/2006 REACH and Regulation EC 1272/2008 on classification, labeling and packaging of substances and mixtures should be respected.
Description of National Safeguard Measures
National safeguard measures are the implementation of REACH and other laws of Belgium.
National Bodies Involved
The Federal public service Health, Food chain safety and Environment
Where to File an Application
BE REACH MSCA contact point
tel: +32(0)2 524.95.87 New e-mail : firstname.lastname@example.org
Risk Management - REACH MSCA -DG ENVIRONMENT
Federal Public Service Health, Food chain safety and Environment
Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions
The decision to grant an exemption is the responsibility of Federal public service Health, Food chain safety and Environment. Each Member State is sovereign to grant an exemption of Article 2 (3). The exemptions of this type are applied only to supply the armed forces or security of national law. It is possible that these exemptions are not harmonized between the countries participating in a single European defense program.
Number of Exemptions Granted
The MOD has yet requested any exemption.
WO Eric GERARD
Directorate General Material Resources
Office Risk Management - Environmental Protection
Link to national web site(s) (if any)
Belgium MOD website http://www.mil.be
The Federal public service Health, Food chain safety and Environment http://www.health.fgov.be
Page Last Updated: 1/31/2012