1. Legal Basis
Article 2(3) of Regulation EC 1907/2006 (REACH) provides that EU Member States may allow exemptions from this regulation in specific cases for certain substances, on their own, in a mixture or in an article, when necessary in the interest of Defence.
Article 9.2.1.5 of the Environmental Management Act allows the Minister of Defence to apply for an exemption from REACH, Biocides and/or CLP Regulation, when these exemptions are in the interest of Defence.
2. Description of National Procedure
The NLD MOD is committed to complying with REACH, but in case it is necessary in the interest of Defence, the Minister of Defence may apply for an exemption with the national competent authority.
The NLD MOD’s policy on Safety, Health and Environmental Protection stipulates that where there are exemptions from REACH, the MOD will introduce safeguards, that are at the same level as required by REACH.
In case a third party requests the NLD MOD to apply for an exemption from REACH, this third party has to produce an exemption dossier, based on the minimum requirements identified in the “Framework for applying for a Defence Exemption from a requirement of REACH” as published on the website of the European Defence Agency (EDA).
The national competent agency will grant an exemption from REACH by Royal Decree.
3. Description of National Safeguard Measures
N/A
4. National Bodies Involved
The Minister of Defence may apply for a Defence exemption from the REACH Regulation, the Biocides Regulation and/or the CLP Regulation.
The Ministry of Environment & Infrastructure is the Netherlands competent authority, mandated to grant an exemption from the REACH and Biocides Regulation.
The Ministry of Health, Welfare and Sport is the Netherlands competent authority, mandated to grant an exemption from the CLP Regulation.
5. Where to File an Application
NL Ministry of Defence
Defence Materiel Organisation
B&B/BP&BV/VKAM
Herculeslaan 1, 3584 AB Utrecht
POBOX 90125, 3509 BB Utrecht
6. Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions
Foreign defence exemptions are taken into consideration during the national procedure, however the exemption decision will be based on a national assessment.
7. Number of Exemptions Granted
So far no exemptions have been granted.
8. Contact Info
NL Ministry of Defence
Defence Materiel Organisation
B&B/BP&BV/VKAM
Herculeslaan 1, 3584 AB Utrecht
POBOX 90125, 3509 BB Utrecht
edga.hofstede@mindef.nl
9. Link to national web site(s) (if any)
N/A
Last Update: 19 February 2020