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Czech Republic

1. Legal Basis

The following regulations are implemented into the state Legal Act No. 350/2011 Coll.

    • Regulation (EC) No. 1907/2006 of the European Parliament and the Council of the 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH);
    • Regulation (EC) No. 648/2004 of the European Parliament and the Council of 31 March 2004 on detergents;
    • Regulation (EC) No. 689/2008 of the European Parliament and the Council concerning the export and import of dangerous chemicals;
    • Regulation (EC) No. 1272/2008 of the European Parliament and the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (CLP);
    • Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury, and repealing Regulation (EC) No 1102/2008.

In relation to the responsibilities of the Ministry of Defence stemming from the national REACH Defence exemption procedures based on the EDA Code of Conduct on REACH Defence exemptions, the draft legal act has been submitted to the Parliament for approval.

2. Description of National Procedure

2.1. Overview

The industrial organisation submits the application form and the dossier to the Ministry of the Environment of the Czech Republic.

Before granting the exemption, the Ministry of Environment requests the Ministry of Defence to evaluate the application in terms of national defence interests. Depending on the purpose of the exemption application, the competent bodies within the Ministry of Defence assess the relevance of the application in question to the needs and requirements of the Czech Armed Forces. Subsequently, the responsible body issues a binding statement, which is submitted to the Ministry of the Environment.

If necessary, the Ministry of Environment may request additional statements from other government institutions.

The Ministry of the Environment makes the final decision, which is communicated to the organisation that applied for the exemption.

2.2. Scope

In accordance with Section 24(g) of Act No 350/2011 Coll., as amended, the MoE “shall grant exemptions pursuant to Article 2(3) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (REACH) or Article 1(4) of Regulation (EC) No 1272/2008 of the European Parliament and of the Council (CLP)“.

The authorisation of the exemption shall be issued by way of an administrative decision.
Article 2(3) of REACH states: “3. Member States may allow exemptions from this Regulation on a case-by-case basis for specific substances on their own or contained in a mixture or in an article, where this is necessary in the interests of defence.”

On a case-by-case basis, an opinion is required from the Ministry of Defence as to whether the use of a particular substance, alone or in a mixture or article, is necessary in the interests of defence. Upon receipt of a positive opinion from the MoD, a decision is issued by the MoE to grant an exemption from the entire content of the REACH obligation (including, inter alia, Article 33 Obligation to communicate information on substances in articles and Article 66 (1) Downstream users).

2.3. Template/Form

The applicants are not required to fill a specific formal document/template or form when they apply for a defence exemption.

2.4. Charges/Fees

There are no charges/fees foreseen to be paid by stakeholders to the Ministry of Defence when applying for a defence exemption.

2.5. Decision-making process

The industrial organisation submits the application form and the dossier to the Ministry of the Environment of the Czech Republic.

Before the exemption is granted, the Ministry of Environment requests the Ministry of Defence to evaluate the application in terms of national defence interests.

The Ministry of the Environment makes the final decision, which is communicated to the organisation that applied for the exemption.

2.6. Validity period

The defence exemptions granted do not expire.

2.7. Extension

N/A

3. Description of National Safety and Traceability Measures

National Safeguard Measures mirror the Chemical Code and measures imposed by the REACH Regulation.

A Chemical Safety Report (CSR) is not requested as in the REACH authorisation process.

4. National Bodies Involved

  • Ministry of the Environment of the Czech Republic – lead organisation responsible for the national implementation of REACH Regulation
  • Ministry of Defence of the Czech Republic
  • Ministry of Industry and Trade of the Czech Republic
  • Ministry of Health of the Czech Republic

Other governmental bodies may be invited, as appropriate.

5. Where to File an Application

The Ministry of Environment of the Czech Republic is the point of entry for all REACH Defence exemption requests received from industry.

6. Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions

There are no specific national provisions on reciprocal acknowledgement, but there is a willingness to consider defence exemptions granted by other EU Member States (under certain prerequisites, for example if exemptions have been granted according to the EDA Code of Conduct), following a separate national assessment.

7. Number of Exemptions Granted

A total of 6 defence exemptions have been granted to date.

8. Contact Info

Ministry of the Environment of the Czech Republic
Vrsovicka 1442/ 65
Praha 10, 100 10
REACH PoC: Karel Blaha, Director of the Department of Environmental Hazards and Environmental Damages
E-mail: karel.blaha@mzp.cz
Phone: 00420 267 122 532

Ministry of Defence of the Czech Republic
Industrial Cooperation Division
Tychonova 1, Prague 6
REACH PoC: Marek Svoboda
E-mail: svobodam6@army.cz
Phone: 00420 606 629 921

9. Links to national websites

Ministry of the Environment of the Czech Republic: www.mzp.cz/en

Ministry of Industry and Trade of the Czech Republic: www.mpo.cz/en

 

Last Update: 14 November, 2023