SWEDEN
Legal Basis
Exemption from the requirements in REACH are to be found in § 24 in regulation (2008:245) regarding chemical products and biotechnical organisms. The regulation has been issued under the provisions of the Environmental Code (1998:808).
The Department of Defence Inspector, which is the supervisory authority under the Environmental Code for the Armed Forces, the Defence Materiel Administration, the National Defence Radio Establishment and the Swedish Fortifications Agency, is the Swedish governmental authority granting defence exemptions from the requirements in the REACH regulation. Exemption in the specific case is only granted if it is required with consideration to the overall interests of the total defence services and if the exemption relates to the above authorities supervised by the Department of Defence Inspector. The Department of Defence Inspector will consult with the Swedish Chemicals Agency (KemI) in this matter.
Description of National Procedure
The Swedish national defence exemption procedure is based on the EDA “Code of Conduct on REACH Defence Exemptions”. The application is to be sent to one of the defence authorities above and by that authority forwarded (3 copies) to the Department of Defence Inspector. The defence authority in question is responsible for the application as the applicant. The Department of Defence Inspector may request additional information if the application is not complete. When the Department of Defence Inspector is of the opinion that the applicant has submitted complete documentation the Department of Defence Inspector will establish a draft decision. The decision is sent to the KemI for consultation. If necessary, additional information may be requested. The decision is communicated to the applicant if the application is negative, i.e. if the Department of Defence Inspector refuses the exemption application. The Department of Defence Inspector makes a final decision when the matter is communicated and consultation has taken place with KemI. The decision is communicated to the organisation initially making the request for exemption by the applying defence authority.
A time limit is imposed on the Department of Defence Inspector’s decision and applies only to the substance, mixture or goods being applied for. All changes that are relevant from a health and environmental point of view must be reported to the Department of Defence Inspector. If the applicant believes that there is a need for additional time for the exemption, a new updated notification for exemption must be submitted to the Department of Defence Inspector. If the new updated notification is not submitted within the stipulated period, the exemption is terminated.
Applications for exemptions must include:
• The Defence Agency’s name and contact details
• The name and contact details of the importer/manufacturer
• Reason for exemption based on total defence interests
• Information as to what the exemption relates to, and which substance(s) the exemption relates to, including a classification of the substances according to current legislation
• Imported amount per year
• The exceptions in REACH that are being claimed for the exemption must be specified
• Information regarding protective measures and alternative substances i.e. the safeguards that are recommended (for air, water and land) and the extent to which there are alternatives
• Information about the use of the substance
• Information on alternative uses
• Registration number
Information on pre-notification must be specified if it is a question of an exception from the registration requirement.
Description of National Safeguard Measures
The Swedish procedure for granting exemption will contain standards as good as those in the REACH regulation, where reasonably practicable.
• Applications for exemption will be handled jointly by the Swedish Chemicals Agency and the Department of Defence Inspector which ensures a competent review of the applications both from a chemical and military point of view.
• Exemptions will be reviewed after a pre-determined period of time.
National Bodies Involved
Försvarsinspektören för hälsa och miljö , (Department of Defence Inspector), exp-fihm@mil.se, +4687887500
Kemikalieinspektionen (KemI), (Swedish Chemicals Agency) , kemi@kemi.se, +4685194100.
Försvarets materielverk (FMV), (Swedish Defence Materiel Administration), registrator@fmv.se, +4687824000
Försvarsmakten, (Swedish Armed Forces), exp-hkv@mil.se, +4687887500
Fortifikationsverket, (Swedish Fortifications Agency), fortv@fortv.se, +46104444000
Försvarets radioanstalt, (National Defence Radio Establishment), fra@fra.se, +4684714600
Where to File an Application
Försvarets materielverk (FMV), (Defence Materiel Administration), registrator@fmv.se , +4687824000
Försvarsmakten, (Swedish Armed Forces), exp-hkv@mil.se , +4687887500
Fortifikationsverket, (Swedish Fortifications Agency), fortv@fortv.se , +46104444000
Försvarets radioanstalt, (National Defence Radio Establishment), fra@fra.se, +4684714600
Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions
None.
Number of Exemptions Granted
None.
Contact Info
Department of Defence Inspector, exp-fihm@mil.se , +468 788 75 00
Försvarets materielverk (FMV), (Defence Materiel Administration), registrator@fmv.se , +4687824000
Försvarsmakten, (Swedish Armed Forces), exp-hkv@mil.se , +4687887500
Fortifikationsverket, (Swedish Fortifications Agency), fortv@fortv.se , +46104444000
Försvarets radioanstalt, (National Defence Radio Establishment), fra@fra.se , +4684714600
Link to national web site(s) (if any)
Last Update: 20 April 2021