1. Legal Basis
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2. Description of National Procedure
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2.1. Overview
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2.2. Scope
Stakeholders can apply for a defence exemption from the following provisions/articles of the REACH Regulation:
- Article 33 notifications in the supply chain
- Article 66(1) notifications
- Registration
- Authorisation
- Restriction
It is not possible for stakeholders to apply for an exemption from the REACH Regulation in its entirety (from all provisions/articles).
2.3. Template/Form
Applicants are required to fill in a specific formal document/template or form when they apply for a defence exemption.
A copy of this document in original language can be found here: https://api.typeform.com/responses/files/955d52ebf128847d7a26ca2250093367010fd3a1893e70211f2faa9dfcc80d05/1_priedas.docx.
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
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2.6. Validity period
There is a specific validity duration when the exemption is granted. The validity duration is fixed and it is the same for all cases. The maximum validity duration is 12 years.
After an exemption has been granted and during its validity period, the applicant to which the exemption has been granted is not required to (re-)justify the requirements. Although, State environmental protection inspectors can check if applicants follow exemption conditions any time.
2.7. Extension
It is possible to provide an extension to the initial validity period of the defence exemption. To do this applicants must fill in and submit a new application template.
3. Description of National Safety and Traceability Measures
When there is High Risk (Level 3) according to EDA Code of Conduct (CoC), a Chemical Safety Assessment (CSA) is required. The Environmental Protection Agency (National Competent Authority) is the governmental agency that reviews the CSA.
When there is High Risk (Level 3) according to EDA CoC, a Chemical Safety Report (CSR) is also required, as in the REACH authorisation process.
4. National Bodies Involved
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5. Where to File an Application
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6. Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions
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7. Number of Exemptions Granted
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8. Contact Info
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9. Link to national web site(s) (if any)
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Last Update: 14 November, 2023