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, where necessary in the interests of Defence.
The national law(s) and/or regulation(s) that serve(s) as the basis for granting exemptions from REACH in the interest of defence are:
- Law no. 346/2006 on the organisation and functioning of the Ministry of National Defence.
- Law no. 349/2007 on the reorganisation of the institutional framework in the field of chemicals management.
- Government Decision no. 477/2009 laying down the sanctions applicable to infringements of the provisions of Regulation (EC) no. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.
- Order no. M.108/2013 (of Ministry of National Defence) for the approval of the Methodological Norms regarding the granting of the exemptions from Regulation (EC) no. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC, amended and supplemented by Order no. 99/2018.
- Emergency Ordinance of the Romanian Government no. 92/2021 on waste management.
2. Description of National Procedure
The application dossier must include:
- Registration dossier;
- Safety data sheet;
- Supporting documents which show the use of the substance as such, in mixture or in article for which the exemption is requested.
And copies of:
- Legal documents including the object of activity, organisation and functioning, as well as any additional documents;
- Certificate of registration within the National Trade Register Office;
- Environmental, sanitary, fire safety authorisations;
- Other relevant documents that the MoND, through General Directorate for Armaments, may request during the evaluation of the exemption application.
Exemptions are granted on a case-by-case evaluation. Data on the exemptions are available at www.dpa.ro. The page is updated every January.
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
It is NOT possible for stakeholders to apply for an exemption from the REACH Regulation in its entirety (from all provisions/articles).
Applicants are required to fill in a specific formal document/template or form when they apply for a defence exemption.
The document in original language can be found here: 20210910_N_Anexe certificat REACH pentru site EDA REACH.docx.
The document in English can be found here: 20210910_N_Annexes of the REACH certificate for EDA REACH website.
Consultation, evaluation and granting the defence exemptions do not create costs for the applicant.
2.5. Decision-making process
The procedure for granting REACH defence exemptions is classified
2.6. Validity period
A defence exemption is valid for 1 year from the date of issue.
During the validity of the defence exemption, the MoND commission is allowed at any time to perform random unannounced controls at the organisation.
Extensions may be granted upon request, on a case-by-case study.
3. Description of National Safety and Traceability Measures
The National Safeguard Measures mirror those imposed by the REACH Regulation.
A Chemical Safety Assessment (CSA) is required in certain cases.
The Ministry of National Defence is the governmental agency that reviews the CSA.
The documents to be included in the application are in complete agreement with the REACH Regulation; thus, where required, Chemical Safety Report (CSR) must be included.
4. National Bodies Involved
The Romanian Ministry of Environment (MoE) is the competent authority at national level for the implementation of the provisions of the REACH Regulation.
The Romanian Ministry of National Defence (MoND) is appointed, through General Directorate for Armaments, to put into application the provisions of Art. 2(3) of REACH Regulation at national level.
After granting an exemption, the MoND notifies the MoE of the exemption granted.
5. Where to File an Application
An application for a REACH defence exemption is filed with the General Directorate for Armaments/MoND.
6. Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions
MoND recognises the exemptions granted by other EU Member States to foreign armed forces entering, stationing, pre-positioning military goods or conducting operations on Romanian territory at the request of the authorised representative of the issuing party.
The representative of the foreign Armed Force must submit supporting documents regarding the exemption obtained in that EU Member State, as well as proof of compliance with the conditions for the protection of the environment and human health, in accordance with the REACH Regulation.
7. Number of Exemptions Granted
- 18 defence exemptions have been granted to date.
- 5 applications for defence exemptions were rejected due to non-compliance with the methodological norms.
8. Contact Info
9. Links to national websites
Ministry of Environment: http://www.mmediu.ro
Ministry of National Defense: http://www.mapn.ro
General Directorate for Armaments: http://www.dpa.ro
National Environmental Protection Agency: http://www.anpm.ro
National Environmental Guard: http://www.gnm.ro
Last Update: 14 November, 2023