BELGIUM

  

Legal Basis

 Article 2 (3) of Regulation EC 1907/2006 (REACH) provides that EU Member States may allow exemptions from this regulation in specific cases for certain substances, on their own, in a mixture or in an article, where necessary in the interests of Defence.

Regarding the context of exemptions there is the Royal Decree of 9 March 2014 defining the conditions of the application for exemptions from REACH, biocides and CLP when these exemptions are necessary in the interests of Defence.

The Federal public service Health, Food chain safety and Environment and the Belgium MOD are the Belgian authorities mandated to grant an exemption.

 

Description of National Procedure

MOD does not manufacture substances. Sometimes MOD is obliged to import substances or mixtures from non-EU countries. The quantity of imported substances is very low and does not exceed the limit of 1 tonne per year.

If MOD expects to import substances in excess of the amount it must respect the REACH Regulation. In cases where MOD considers it necessary for an exemption for a substance imported it will undertake the necessary steps as provided for in the Royal Decree of 9 March 2014.

The industrial sector that would provide a substance to MOD and considers the need for an exemption must approach the Belgian competent authorities as provided for in the Royal Decree of 9 March 2014 .

The Defence interest will be assessed by the MOD and the Federal public service Health, Food chain safety and Environment will contribute to the health and environmental risks assessment. The final decision will be taken by both the Minister of Defence and the Minister of the Environment.

A fee of 750 euro shall be paid in conformity with the Royal Decree of 13 November 2011 (modified by the Royal Decree of 4 August 2014).

 

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

The Belgium MOD

 

Where to File an Application

Federal public service Health, Food chain safety and Environment, ‘Risk management’ unit

Avenue Galilée 5/2, B – 1210 BRUSSELS

Phone (Service Center Health) : +32(0)2 524.97.97

Email: defenceexemption@health.fgov.be 

 

AND

 

Belgian Defence Staff – Department Strategy

Kwartier Koningin ELISABETH

Everestraat 1

B-1140 BRUSSELS

 

Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions

Belgium’s legislation does not recognise foreign defence exemptions.

 

Number of Exemptions Granted

Today, no defence exemption has been granted

 

Contact Info

Colonel Baudouin HEUNINCKX

baudouin.heuninckx@mil.be
Phone : +32 (0)2 441 70 77
Fax : +32 (0)2 443 94 72

Lieutenant Colonel Thierry DAUGE

thierry.dauge@mil.be 
Phone : +32 (0)2 441 82 15
Fax : +32 (0)2 443 94 72

 

Link to national web sites

Belgium MOD website http://www.mil.be

Federal public service Health, Food chain safety and Environment http://www.health.belgium.be/en/exemption-military-equipment

 

 

 

 

Last Update: 18 March 2022