1. 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 REGULATION ON THE CONDITIONS AND PROCEDURE FOR ISSUING A PERMIT FOR RELEASE UNDER THE HARMFUL PROTECTION ACT EFFECTS OF CHEMICALS AND MIXTURES Adopted by Decree of the Council of Ministers of the Republic of Bulgaria № 380 of 30.12.2019 Promulgated in the State Gazette issue 2 of January 7, 2020.
The Body for issuing a permit for release in the country is the Interdepartmental Council for Defence Industry and Security of Supplies at the Council of Ministers.
2. Description of National Procedure
The REGULATION ON THE CONDITIONS AND PROCEDURE FOR ISSUING A PERMIT FOR RELEASE UNDER THE HARMFUL PROTECTION ACT EFFECTS OF CHEMICALS AND MIXTURES establishes a national procedure for granting an exemption from obligations arising from the REACH Regulation, when this is necessary for the interests of defense, setting out the requirements for operators to prevent or limit the harmful effects on human health and the environment during production, the import and/or use of chemicals on their own, in mixtures or in articles.
The overall objective is, in addition to granting exceptions in the interests of defence, to ensure the application of high standards of security and traceability equivalent to those set out in the REACH Regulation.
With the procedure the operators (natural or legal persons) can take advantage of the provided opportunity for exemption upon fulfillment of one or several of the circumstances, indicated in art. 3a of the Law on Protection from the Harmful Impact of Chemical Substances and Mixtures.
The exemption decision shall be issued to the applicant for a period not exceeding 3 years and shall contain the measures that the authorization holder should apply in order to prevent or limit adverse effects on human health and the environment. The term of the permit may be extended once for a period not longer than the period for which it was originally issued.
3. Description of National Safeguard Measures
National safeguard measures are the implementation of REACH Regulation and other laws of Bulgaria.
4. National Bodies Involved
Council of Ministers – Interdepartmental Council for Defence Industry and Security of Supplies
Ministry of Environment and Water
Ministry of Defence
5. Where to File an Application
Authorization for exemption from registration, authorization and/or restriction under Regulation EC № 1907/2006 (REACH) in Interdepartmental Council for Defense Industry and Security of Supplies shall submit an application in a form according to Annex № 1 of REGULATION ON THE CONDITIONS AND PROCEDURE FOR ISSUING A PERMIT FOR RELEASE UNDER THE HARMFUL PROTECTION ACT EFFECTS OF CHEMICALS AND MIXTURES on paper and on electronic format with attached on electronic format to it documentation in Bulgarian language.
The Ministry of Environment and Water and the Ministry of Defence, in accordance with the Law implementing Regulation EC 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorization and Restriction of Chemicals, must support industry in application of this Regulation.
Procedure is explained on the following website: https://www.moew.government.bg/static/media/ups/articles/attachments/Naredba_osvobojdavane_REACHca70e9b9f5503d2da9c054e80901cf7f.pdf
6. Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions
Interdepartmental Council for Defence Industry and Security of Supplies is the responsible body in Republic of Bulgaria for all REACH matters. All other cases outside the REACH Regulation follow national law.
7. Number of Exemptions Granted
No defence exemptions have been granted to date.
8. Contact Info
Interdepartmental Council for Defence Industry and Security of Supplies: micmrc@government.bg
REACH PoC (from Ministry of Defence):
Assoc. Prof. Maxim Alashki, PhD m.alashki@mod.bg,
Mr. Rosen Ivanov r.ivanov@mod.bg
REACH PoC (from Ministry of Environment and Water):
Mr. Petar Dragoev, Director of the Directorate “Environmental Assessment, Environmental Impact Assessment and Pollution Prevention” pdragoev@moew.government.bg
9. Links to national websites
Interdepartmental Council for Defence Industry and Security of Supplies: https://www.micmrc.government.bg
Ministry of Environment and Water: https://www.moew.government.bg
Ministry of Defence: https://www.mod.bg
Last Update: 14 November, 2023