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ROMANIA

Legal Basis

  • 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.

Description of National Procedure

  • Consultation, evaluation and granting the defence exemptions do not create costs for the applicant.
  • The application dossier must include:
  • 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.
  • The validity of an exemption certificate is of 1 year since it has been issued.
  • Extensions may be granted upon request, on a case-by-case study.
  • During the validity of the exemption certificate, the MoND commission is allowed at any time to perform random unannounced controls at the organisation.
  • 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.
  • 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.

Description of National Safeguard Measures

  • National Safeguard Measures mirror those imposed by the REACH Regulation.

National Bodies Involved

  • Romanian Ministry of Environment (MoE) is the competent authority at national level for the implementation of the provisions of the REACH Regulation.
  • Romanian Ministry of National Defence (MoND) is appointed, through General Directorate for Armaments, to put into application the provisions of art. 2 item (3) of REACH Regulation at national level.
  • After granting an exemption, the MoND notifies the MoE on the exemption granted.

Where to File an Application

  • An application for a REACH defense exemption is filed to the General Directorate for Armaments/MoND.

Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions

  • MoND acknowledges the exemptions granted by the other EUMSs to foreign Armed Forces that enter, station, preposition military goods or carry out operations on the Romanian territory upon the request of the sending Party authorised representative.
  • The representative of the foreign Armed Force must submit supporting documents regarding the exemption obtained in that EUMS, together with the justification of the compliance with the environment and human health protection conditions, in agreement with the REACH Regulation.

Number of Exemptions Granted

  • 26 defence exemptions have been granted to date.
  • 5 applications for defence exemptions were rejected due to non-compliance with the methodological norms.

Contact Info

Link to national web site(s) (if any)

Last Update: 29 October 2021

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