1. Legal Basis
§8 Chemicals Act Austria (Chemikaliengesetz 1996, BGBl I 1997/53) implements in accordance with Art. 2 (3) REACH Regulation a Defence exemption.
2. Description of National Procedure
The Federal Ministry of Climate Action, Environment, Energy, Mobility, Innovation and Technology grants Defence Exemption Decision. The Ministry of Defence consulted and confirm whether the exemption is required in the interest of National Defence. The Federal Ministry of Climate Action, Environment, Energy, Mobility, Innovation and Technology can only grant an exemption from the requirements of the REACH and CLP Regulation if the MoD confirms the interest of National Defence. If an applicant applies a Defence Exemption for an activity in another EU Member State than Austria, the Federal Ministry of Climate Action, Environment, Energy, Mobility, Innovation and Technology submits that application to the foreign Competent Authority in order to confirm whether the application is in the interest of the National Defence of that EU Member State. An application by a manufacturer, importer, downstream user or distributor must contain
- Name of the substance or mixture
- Amount of a substance
- Provisions of REACH or CLP Regulation for which the exemption is required
- EU Member State to which the Defence Exemption applies
3. Description of National Safeguard Measures
National Safeguard Measures mirror those imposed by REACH.
4. National Bodies Involved
Federal Ministry of Climate Action, Environment, Energy, Mobility, Innovation and Technology
5. Where to File an Application
Federal Ministry of Climate Action, Environment, Energy, Mobility, Innovation and Technology Directorate V/5 Stubenbastei 5, 1010 Vienna It is recommended to have a preliminary contact with FMoD (below contact details).
6. Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions
There is no recognition procedure for Foreign Defence Exemptions. If an applicant applies a Defence exemption for an activity in another EU Member State than Austria, the Federal Ministry of Climate Action, Environment, Energy, Mobility, Innovation and Technology submits that application to the foreign Competent Authority in order to confirm whether the application is in the Interest of the National Defence of that EU Member State.
7. Number of Exemptions Granted
N/A.
8. Contact Info
Ministry of Defence arwt.abcut@bmlv.gv.at Wolfgang SAGMEISTER Armament Policy Division, EDA NAD PoC, REACH PoC E-mail : wolfgang.sagmeister@bmlv.gv.at Tel. : 0043 6 64622 8622 Federal Ministry of Climate Action, Environment, Energy, Mobility, Innovation and Technology Directorate V/5 Email: v5@bmk.gv.at Telephone: 0043 1 71100 61 2329
9. Link to national web site(s) (if any)
Last Update: 9 March 2020