1. Legal Basis
Defence exemption of REACH Regulation has been implemented into Finland’s chemical legislation by Chemical Act (599/2013, Section 62 a) and by Government Decree (217/2022). The Decree defines the procedures, authorities involved and grounds for defence exemptions.
The exemptions are granted only if they are necessary for National Defence.
2. Description of National Procedure
Ministry of Defence sets the preconditions for derogation-based treatment of chemicals together with Ministry of Environment and Ministry of Social Affairs and Health.
Defence Command is the registration and authorisation authority concerning defence exemptions. Following procedures has been described on the common level. Detailed description can be found from the Government Regulation (217/2022).
Registration procedure in accordance with the REACH Regulation:
The Finnish Defence Forces Logistics Command has the authority to make official exemption applications to Defence Command. Defence Command evaluates and decides if the application fulfils the requirements for the registration.
Information requirements:
- Importers and manufactures has to submit the information defined in articles 10 and12 or in articles 17 and 18 of the REACH Regulation to the Defence Command for the registration
- If the Defence Forces do not provide the information on the use of substance to the supplier, Defence Command shall draw up a chemicals safety report for the registration
- The reporting of the exemption-based use, in accordance with article 38 of the REACH Regulation, shall be made to Defence Command.
The safety data sheet compiled by the manufacturer, importer or downstream user of the substance or mixture for the use of the Defence Forces does not have to contain exposure scenarios for the derogation-based treatment. The Defence Command completes the safety data sheet meant for the Defence Forces for the derogation-based treatment to meet the requirements of the REACH Regulation and makes the safety data sheet available to the user of the chemical in question.
Third parties like importers to European Union and manufactures should discuss with Logistics Command during the procurement procedure about the possible need of the defence exemptions.
Authorisation procedure in accordance with the REACH Regulation:
An application for an authorisation in accordance with article 62 of the REACH Regulation is submitted to the Defence Command.
Defence Command grants the authorisation in accordance with the principles defined in article 60 of the REACH Regulation except for paragraph 1 and the opinions of the Committees referred to in paragraph 4.
The procedure referred to in articles 64 to 66 of the REACH Regulation is not followed.
Classification, labelling and providing of information in accordance with the CLP Regulation:
The information on classification in accordance with the CLP Regulation will be made to the Defence Command instead of the European Chemicals Agency if the treatment of the substance is solely defence exemption-based.
3. Description of National Safeguard Measures
The Finnish procedure for granting defence exemption will contain standards as good as those in the REACH Regulation, where reasonably practical.
4. National Bodies Involved
National authorities concerning defence exemptions:
– Ministry of Defence, Tel. +358 295 16001 (switchboard)
https://www.defmin.fi/en/
– Ministry of the Environment, Tel. +358 295 16001 (switchboard)
https://ym.fi/en/
– Ministry of Social Affairs and Health, Tel. +358 295 16001 (switchboard)
https://www.stm.fi/en/
– Defence Command, (look at the Contact Info)
5. Where to File an Application
Please contact Defence Command for more information (look at the Contact info).
6. Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions
Finland’s chemical legislation does not recognise foreign defence exemptions.
7. Number of Exemptions Granted
Total six (6) defence exemptions have been granted to date.
8. Contact Info
The Finnish Defence Forces
Defence Command P.O. BOX 919
FI-00131 HELSINKI, Finland
Kasarmikatu 17, Helsinki
Tel. +358 299 800 (switchboard)
Email: puolustusvoimat@mil.fi
9. Link to national website
Finnish Defence Forces
https://www.puolustusvoimat.fi/en/
Last Update: 17 November 2022