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SLOVAKIA

Legal Basis

Article 1 (2) of the Act No. 67/2010 of 2 February 2010 on conditions applicable to the placing on the market of chemical substances and chemical mixtures, amending certain acts (Chemicals Act) allows granting exemptions from REACH Regulations.
Following regulations are implemented into the state law of the Slovak Republic by the Act No. 67/2010 Coll. (EN version on: http://www.mhsr.sk/legislation/ 126351s):
– Regulation (EC) No. 1907/2006 of the European Parliament and the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH),
– Regulation (EC) No 648/2004 of the European Parliament and the Council of 31 March 2004 on detergents,
– Regulation (EC) No. 689/2008 of the European Parliament and the Council of concerning the export and import of dangerous chemicals,
– Regulation (EC) No. 1272/2008 of the European Parliament and the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (CLP).

Description of National Procedure

The Ministry of Economy (MoE) of the Slovak Republic shall eventually grant, in exceptional cases where necessary in the interest of state defence and following the application of the Ministry of Defence (MoD) of the Slovak Republic, exemptions from Article 2 (3) of the REACH Regulation.
The exemptions are assumed to be granted only for the Ministry of Defence of the Slovak Republic. It is the exclusive responsibility of the Ministry of Defence of the Slovak Republic to determine what is in the interest of state defence and to ensure that the institute of exemptions will not be misused. Having an exemption granted the Ministry of Defence of the Slovak Republic takes responsibility for adequate level of protection associated with using such substances and mixtures and eventually articles containing them.
The Act No. 67/2010 Coll. does not specify conditions under which the Ministry of Economy of the Slovak Republic can grant exemptions. It results from the specific position and tasks fulfilled by the Ministry of Defence of the Slovak Republic. Granting an exemption does not relieve the Ministry of Defence of the Slovak Republic from its responsibility for securing proper public health protection and environmental protection using analogical processes and standards at national level such as those established by REACH Regulation, CLP Regulations and related directives. The Ministry of Economy of the Slovak Republic lays down the conditions in its decision on granting exemptions.
Granting exemptions is limited for the period of three years. This time limitation shall allow to the Ministry of Economy of the Slovak Republic, as an administrative body, to perform update of the decision on permission of an exemption on the basis of current legal state, new requirements for harmonization of national exemptions and their mutual recognition among EU member states.
State Administration in the sphere of classification, labelling, packaging and placing on the market of substances, substances contained in mixtures and substances in articles and concerning conditions of their use shall be carried out by:
a) the Ministry of Economy of the Slovak Republic
b) the Ministry of Health Service of the Slovak Republic
c) the Ministry of Environment of the Slovak Republic
d) the Ministry of Land Management of the Slovak Republic
e) Centre for Chemicals Substances and Preparations
Inspection bodies are:
a) The Slovak Trade Inspection and Inspectorates
b) The Public Health Authority, Regional Public Health Authorities and Regional Health Authority seated in Banská Bystrica
c) The Slovak Environmental Inspection and Inspectorates
d) The National Labour Inspectorate and Labour Inspectorates
e) The Central Mining Authority and District Mining Authorities
f) Custom Authorities
g) the Ministry of Defence of the Slovak Republic
The Ministry of Defence of the Slovak Republic shall:
a) supervise compliance with the provisions of the present Act within armed forces and by legal persons falling within its constituent competences having been granted derogation from the present Act;
b) provide the Centre for Chemicals Substances and Preparations with the information whenever it finds the use of substances, mixtures or articles within armed forces and by legal persons falling within its constituent competences pose direct risk to human health which is not adequately controlled;
c) submit to the Ministry of Economy of the Slovak Republic a summary report concerning results of inspections conducted within armed forces and legal persons falling within its constituent competences as well as concerning remedial action and fines imposed over the respective calendar year as top the 31 March of the next year.
The Ministry of Economy of the Slovak Republic may, on the basis of the application of the Ministry of Defence of the Slovak Republic, grant exemptions from provisions of special regulations (REACH and CLP) for substances, substances contained in mixtures or substances in articles, when they are necessary for the armed forces to safeguard state defence.

Description of National Safeguard Measures

National Safeguard Measures mirror the Chemical Code and measures imposed by the REACH Regulation.

National Bodies Involved

The Ministry of Economy of the Slovak Republic
The Ministry of Health Service of the Slovak Republic
The Ministry of Environment of the Slovak Republic
The Ministry of Agriculture of the Slovak Republic
The Ministry of Defence of the Slovak Republic
The Centre for Chemical Substances and Preparations

The setup of the defence exemption procedure is led by the Ministry of Defence of the Slovak Republic in connection with the Ministry of Economy of the Slovak Republic

Where to File an Application

It is recommended to have a preliminary contact with:

Director General – National Armaments Director
Ministry of Defence
Modernization and Support Department
Kutuzovova 8
832 47 Bratislava
Slovakia
(phone: +421 960 317 572, fax: +421 960 312 584 )

Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions

Substances and mixtures should be, wherever possible, manufactured, imported and used in the defence department in accordance with the REACH and CLP Regulations. In cases that are inevitable for the purposes of defence, which must and can be justified only by the Ministry of Defence of the Slovak Republic, the Ministry of Economy of the Slovak Republic shall grant exemption. In case the Ministry of Defence of the Slovak Republic would use a substance or a mixture for which another state has granted exemption, the Ministry of Defence of the Slovak Republic following the current legislation will ask the Ministry of Economy of the Slovak Republic for granting an exemption. Final decision on granting an exemption takes the Ministry of Economy of the Slovak Republic.

Number of Exemptions Granted

See Decision of the Ministry of Economy of the Slovak Republic No. 915/2011-1000 of 28 June 2011.

Contact Info

Slovak REACH PoC:
jaroslav.kuca@mod.gov.sk, phone: +421 960 317 549, MoD SR
novakova@economy.gov.sk, phone: + 421 2 4854 1829, MoE SR

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

Slovak MoD website: http://www.mod.gov.sk

Slovak MoE website: http://www.economy.gov.sk

 

Last Update: Prior to September 2013

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