Defence exemption of Reach Regulation has been implemented into Finland’s chemical legislation by Chemical Act (744/1989, Section 62 a) and by Government Degree (996/2010). The Degree defines the procedures, authorities involved and grounds for defence exemptions.
The exemptions are granted only if they are necessary for National Defence.
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 authorization authority concerning defence exemptions. Following procedures has been described on the common level. Detailed description can be found from the Government Regulation (996/2010).
Registration procedure in accordance with Reach Regulation:
Defence Forces Logistics Command has authority to make official exemption applications to Defence Command. Defence Command evaluates and decides if the application fulfills the requirements for the registration.
- 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 in accordance with article 38 of the Reach Regulation shall be made to Defence Command from the exemption based use
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 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.
Description of National Safeguard Measures
The defence exemption procedure will contain standards as good as those in REACH regulation.
National Bodies Involved
National authorities concerning defence exemptions:
Ministry of Defence, Tel. +358 9 16001
Ministry of Environment, Tel. +358 20 610 100
Ministry of Social Affairs and Health, Tel. +358 9 16001
Defence Command, (look at the Contact Info)
Defence Forces Logistics Command
Where to File an Application
Please take contact to Defence Command for more information (look at the Contact info).
Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions
Finland’s chemical legislation does not recognize foreign defence exemptions.
Number of Exemptions Granted
6 defence exemptions have been granted to date.
Please take contact to Defence Command for more information:
Finnish Defence Forces
Defence Command P.O. BOX 919
FI-00131 HELSINKI, Finland
Fabianinkatu 2, Helsinki
Tel. +358 299 800 (operator)
Link to national web site(s) (if any)
Finnish Defence Forces
Last Update: 16 September 2020