The specific prescription defined by the Article 2 (3) of EC Regulation n. 1907/2006 (REACH) allows the EU Member States to release a national REACH exemption. For Italy is absolutely crucial that the companies interested in REACH defence exemption must be directly linked (by supply contracts) with the Italian Ministry of Defence. The defence exemption is granted just when, unambiguously, it is necessary for Italian National Defence.
Following the EU specific regulation, Italian Ministry of Defence issued in March 25th,, 2015 with the collaboration of Ministry of Health, Ministry of Environment and Protection of Land and Sea and the Ministry of Economic Development, a Ministerial Decree (http://www.reach.gov.it/decreto-25-marzo-2015) regulating the Italian defence exemption. Under EU and National Regulation, the Secretariat General of Defence and National Armaments Directorate – 2nd Department approved the Guidelines for National Defence Exemption, pending publication on the Secretariat General of Defence and National Armaments Directorate site
for applying the prescription defined by the Article 2 (3) of EC Regulation n. 1907/2006 (REACH) for defence needs.
Description of National Procedure
The exemption is directly ordered by Minister of Defense which may delegate its power to the Secretariat General of Defence and National Armaments Directorate (in any case the Secretariat General of Defence and National Armaments Directorate is responsible for coordinating the entire exemption process).
In the exemption process, the Ministry of Defence has to ensure, however, a high level of protection for human and environment health during all the process (using the substance on its own or in a mixture or as an article component and during the disposal process too).
The supplier has to submit an application form to the Secretariat General of Defence and National Armaments Directorate with, annexed, a technical and administrative dossier. The Secretariat General of Defence and National Armaments Directorate sends the whole dossier to the competent General Staff and Technical Armament Directorate (both in charge of the specific supply contract) because they are responsible to evaluate it in order to indicate the technical and administrative reasons why the exemption should be released. The dossier contains a lot of information required to help the experts have a very clear situation and all the information necessary to decide. The exemption procedure is based on the precautionary principle according to which is allowed the use or placing on the market of substances which in prescribed conditions of use do not adversely affect human health or the environment or the environment. If necessary, the Secretariat General of Defence and National Armaments Directorate may ask to the Ministry of Health (National Competent Authority) and Ministry of Environment and Protection of Land and Sea a support in the evaluating the dossier. The dossier is evaluated, at least every two years, to consider the opportunity to maintain the exemption granted.
Description of National Safeguard Measures
The national safeguard measures are direct responsibility of the Ministry of Health (National REACH Authority), the Ministry of Environment and Protection of Land and Sea and the Ministry of Economic Development and reflect those imposed by the EU Regulation. Everyone involved in the matter, has to comply with the national and EU regulation regarding the safety and health of workers and environment. The Ministry of Defence is supported, in the REACH defence exemption process, by experts of the Ministry of Health and others national experts on REACH matter.
National Bodies Involved
The application of the Italian national procedure for defense exemption is an exclusive competence of the Italian Ministry of Defence supported by the National Competent Authority at the Ministry of Health and Ministry of Environment and Protection of Land and Sea and the Ministry of Economic Development.
Where to File an Application
The Secretariat General of Defence and National Armaments Directorate – 2nd Department, during the last months, with several meetings and congresses, presented to AIAD (the Federation, member of Confindustria, that represents the Italian Companies for Aerospace, Defence and Security), all the other national companies involved in military matters and also the military high commands the national exemption procedure and distributed the Guidelines and the specific format to apply. The supplier have to present an application form to the Secretariat General of Defence and National Armaments Directorate with annexed a technical and administrative dossier.
Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions
The Italian Ministry of Defence takes into consideration exemptions granted from other Member States, but the decision on REACH exemption will be based on the national security interests.
Number of Exemptions Granted
4 defence exemptions have been granted to date.
SECRETARIAT GENERAL OF DEFENCE AND NATIONAL ARMAMENTS DIRECTORATE
2nd Department – 3th Office, 4th Section “REACH”
Via di Centocelle, 301 – 00175 ROMA
Tel. +39 06469130291
Link to national web site(s) (if any)
Last Update: 23 September 2019