Defense exemption in REACH CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes Article 2.3 of REACH allows MS to provide exemptions from REACH in specific cases for certain substances, on their own, in a preparation or in an article, where necessary in the interests of defence CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes Where we are? - discussed in 1st and 2nd CARACAL meetings, CA 15 2010 - EDA Decision no.5/2010 - EDA REACH web site - national legislative process CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes Common approach regarding scope of exemptions - to the amount produced, used in the interest of defense Q? – It is correct ? And how to measure this ? Q? – What is COM view ? What are MS views ? - - CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes EDA Decision read : 1. pMS, when and if granting exemptions from obligations deriving from REACH in the interest of defence, will do so on the basis of a national procedure that provides, as far as possible, for the highest safety and traceability standards, mirroring those imposed by REACH CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes Implementing EDA decision, point 1 – REACH process run by Defense Ministry, consultation REACH CAs Q1 – mirror REACH process – how far identic ECHA registration process ? Other ECHA process ? Q – what is COM view on this approach ? CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes EDA Decision read : 2. The EDA shall be tasked to establish a centralized web-based portal for participating Member States to post, on a voluntary basis, their national procedures for granting exemptions including the applied safety and traceability standards CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes Implementing EDA Decision 2. – REACH web defense exists CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes EDA Decision read : 3. On this basis (para. 2) pMS will endeavor to foresee, on a voluntary basis, in a stepwise approach, within their national laws and regulations, suitable measures and procedures to acknowledge - as nationally deemed appropriate - pMS' exemption decisions CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes Implementing EDA Decision3. Q – need a common understanding on suitable measures and procedures to acknowledge - as nationally deemed appropriate - pMS' exemption decisions Q – which is COM advice on this ? Q – which are MS view on this ? CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes EDA Decision read : 4. All third States that are to implement REACH should be invited to implement the principles of this common understanding as well. If they do, and if they wish to advertise their national procedures for granting exemptions as well as applied standards, they are encouraged to approach, in an informal way, the EDA to arrange the respective technical processes CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes Implementing EDA Decision 4. Q – which is COM view on this ? CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes EDA Decision read : 5. This Decision and its implementation, as well as the impact thereof on the functioning of the EDTIB, will be reviewed on an annual basis starting from the end of 2011, with a specific view to its improvement and adaptation to accommodate further developments and needs. CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes Implementing EDA Decision 5 – Q – Has COM knowledge on this process ? CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes Final marks - the defense exception for registration seems to be clear, - need for clarification on cases that the substances are on Restriction or Authorization procedures Q – What is COM view on these processes ? CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes Final marks - will be useful to have the same list of exceptions from Regulation for certain substances, on their own, in a mixture or in an article, where necessary in the interests of defense Q – What are MS view on this point ? Q – What is COM view on this point ? CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes Final marks – there is the CLP’s exceptions for defense on art.1(4) which is not addressed by EDA - there is a need for clarification Q – What are MS view on this point ? Q – What is COM view on this point ? CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes

Romania - Ministry of Environment and Climate Changes Thank you for understanding and assistance RO REACH & CLP CA CARACAL 12, Brussels, 13-14 March 2013 Romania - Ministry of Environment and Climate Changes