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AUSTRIA

Legal Basis

§8 Chemicals Act Austria (Chemikaliengesetz 1996, BGBl I 1997/53) implements in accordance with Art. 2 (3) REACH Regulation a Defence exemption.

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

Description of National Safeguard Measures

National Safeguard Measures mirror those imposed by REACH.

National Bodies Involved

Federal Ministry of Climate Action, Environment, Energy, Mobility, Innovation and Technology

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).

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.

Number of Exemptions Granted

None.

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

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

 

Last Update: 9 March 2020

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