For addressing the issue of REACH military expemptions, Greece has issued an official Legal Act (Biministerial Decision 30458/30), which was pubblished in the Greek Government's Official Paper in January 26th 2010 (registered with the code 56B). This Legal Act is available from the Greek Geverment's Official Paper website at www.et.gr, (right now only avialable in Greek). The biministerial Decision is between the Greek MoD and the Ministry of Economics (hereinafter abbreviated as MoE), due to the fact that the National Authority which has the right to grant REACH exemptions is the General Chemical State Laboratory (hereinafter abbreviated as GCSL) that falls under the jurisdiction of the MoE.
Description of National Procedure
The Ministry of National Defence (Department of Environmental Protection) has prepared a list of all chemical substances imported that exceed the tonnage limit of the Regulation along with the source (within the EU or outside the EU) and the respected use. In coordination with the relative bodies of each Branch (Army, Navy, Air-Force), it has been decided that an exemption should be granted for all of those chemical substances which are imported outside the EU (mainly from US) and are strictly connected with the support of our operations, in other words, have classified use. The problem with the non-EU source is indicated because the chemical substances used in existing military applications have military specifications (MIL-S) and are usually part of the Follow-On Support (FOS) contracts that accompany the procurement and maintenance of the military weapon systems.
Since REACH doesn’t apply to countries such as the USA, finding and authorizing suitable alternatives would require from non EU companies a great amount of time and money and without further assurance that such research will end up with positive results. This problem is currently anticipated also during the EU Ozone Regulation recasting procedure (former 2037/00, now 1009/09) with the use of halons in non EU military applications. After the coordination with our MoD Branches experts, an official request for granting military exemptions was posed to the MoE and received a positive answer. As a result, a Draft of a Bilateral Ministerial Decision was conducted and was forwarded to the two Ministers for validation. At the end of the validation process the related Decision became, as described in the previous template (Legal Basis), an official part of the Greek legislation.
Description of National Safeguard Measures
In the main body of the Bilateral Ministerial Decision two safeguards clauses are included: the direct application of the respected national legislation of Health/Safety and Environmental Protection and the safety procedures instructed by the Occupational Health/ Safety and Environmental Management Systems, which are established and implemented in the Greek Armed Forces.
Noted also that it's imperative by law and therefore applicable for the MoD, the fact that any kind of chemical substance which enters the Greek Market and Supply Chain is followed with the respective Material Safety Data Sheet (MSDS), provided by the manufacturer. After that, the MSDS is distributed through the involved Defence Agencies (Defence Materiel Agency, MoD Health & Safety Department, MoD Environmental Protection Department) to all the personnel in charge for handling the chemical substances. With this procedure the safe handling and respectively the protection of human health and environment are ensured.
National Bodies Involved
As described in the previous templates, Hellenic MoD's Environmental Protection Deparment is primarly responsble for conducting the required coordination of all the involved parties within the MoD. It is also responsible for conducting the coordination with the REACH National Regulatory Authority (GCSL) and the defence industries which have posed or intend to pose exemption requests.
Where to File an Application
An application for a REACH defence exemption is filed to the Greek Regulatory REACH authority (GCSL), but the Hellenic MoD/ Directorate of Infrastructure / Environmemental Protection Department is also been notified in the same time (either by the applicant or by the GCSL itself). The process of the request is made by the MoD for establishing the necessity of the application (defence reasoning) and then the GCSL is granting the exemption.
Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions
The current Legal Act doesn't include a repective clause.The GCSL, after a thorough briefing that was given by the MoD, has acknowledged the necessity of resolving this issue. That, of course, requires an amendment in the Legal Act and this procedure is currently under discussion between the involved parties
Number of Exemptions Granted
The biministerial Decision has two Annexes : Annex A contains 14 different exemptions granted for the MoD, whereas Annex B contains 49 exemptions, granted for the "Hellenic Defence Systems S.A", a Greek Defence Industry. So 63 defence exemptions have been grated in total.
REACH POC in the Hellenic MoD
: Mr. Apostolos NIKOLOPOULOS, Chemical Engineer, PhD, e-mail address firstname.lastname@example.org
General Directorate of Economic Planning and Support,
Directorate of Military and Technological Support,
Department of Infrastructure and Environmental Protection
REACH POC in the GCSL : e-mail address email@example.com
Link to national web site(s) (if any)
Official website of the Greek MoD : www.mod.mil.gr or www.ypetha.gr
Official website of the GCSL : www.gcsl.gr
Page Last Updated: 11/5/2013