Exemptions from legislation can only be allowed within the scope of existing exemption privileges. The exemption privilege for EC member states referred to in Article 2 (3) of Regulation 1907/2006 EC (REACH Regulation) stipulates that exemptions from this regulation may be allowed for in specific cases for certain substances, on their own, in a preparation or in an article, where necessary in the interests of defense. For the area of responsibility of the Federal Ministry of Defense (FMOD), the enforcement of the REACH Regulation and the exemption possibilities are covered in Section 24 of the Chemicals Act.
Section 24 (1) of the Chemicals Act reads:
“In the area of responsibility of the Federal Ministry of Defense, the enforcement of the Act, the statutory ordinances based on it and the EC Regulations stated in Section 21 (2), sentence 1 will be the responsibility of the Federal Ministry of Defense and the authorities designated by it.”
Section 24 (2) of the Chemicals Act reads:
“For its area of responsibility, the Federal Ministry of Defense may allow for exemptions from the legal provisions stated in paragraph (1) above in specific cases and for certain substances, preparations or articles, where necessary in the interests of defense and admissible under Community law.”
Description of National Procedure
According to §2 (3) of the REACh regulation associated with §24 of the German Chemical Law in the Federal Republic of Germany the Federal Ministry of Defence (BMVg) is authorized to grant a product-related exemption to contractors of the Bundeswehr.
To apply for an exemption, the contractor has to address the Federal Office of Bundeswehr Equipment, Information Technology and In-Service Support (BAAINBw) in DE-56073 Koblenz, Ferdinand-Sauerbruch-Straße 1 in written form.
The BAAINBw reviews the application documents w.r.t. completeness and sends them with an extensive safety assessment statement – considering particularly the chemical safety – to the Federal Office of Bundeswehr Infrastructure, Environmental Protection and Services (BAIUDBw) in DE-53123 Bonn, Fontainengraben 200. A confirmation regarding the interests of defence has to be included.
The BAIUDBw reviews all submitted and prepared documents from technical and legal view and submits them to BMVg for final decision.
In case of a positive decision, an official note will be sent to the applicant which confirms the product-related defence exemption to all German enforcement authorities.
Description of National Safeguard Measures
– National Safeguard Measures mirror those imposed by REACH
– See Introduction part of “Description of National Procedure”
National Bodies Involved
Where to File an Application
Federal Office of Bundeswehr Equipement, Information Technology and In Service Support
Post Office 300165
Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions
Foreign defense exemptions are taken into consideration during the national procedure; however the exemption decision will be based on a separate national assessment.
Number of Exemptions Granted
Total 30 defence exemptions have been granted to date.
National PoC: IUD II 4
Phone: 0049 228 12 15466
Link to national web site(s) (if any)
Last Update: 25 April 2022