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
DG ENVIRONMENT – Risk Management of Chemicals
Victor Hortaplein 40 box 10
Phone : +32(0)2 524.9552
Fax : +32(0)2 524.9603
Belgian Defence Staff – Department Strategy
Kwartier Koningin ELISABETH
Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions
Belgium’s legislation does not recognize foreign defence exemptions.
Number of Exemptions Granted
Today, no defence exemption has been granted
Colonel Bert VAN OPSTAL
Phone : +32 (0) 244.16889
Fax : +32 (0) 244.39472
Major Gunther GODEFRIDIS
Phone : +32 (0) 244 16879
Fax : +32 (0) 244.39472
Link to national web site(s) (if any)
Belgium MOD website http://www.mil.be
Federal public service Health, Food chain safety and Environment http://www.health.belgium.be
Last Update: 6 November 2018