In the interest of defence, an exemption from the REACH, CLP or Biocides Regulation can be granted for substances, mixtures, objects or treated objects that are imported, produced, manufactured or used for military equipment (Royal Decree of 9 March 2014).

How to submit the exemption file

The file for the exemption application consists of two files: the administrative file and the technical file.

The RD of 9 March specifies which data the administrative file must contain.

The technical file consists of a Defence sub-file and a Risk Management sub-file. The Defence sub-file must contain all the data that is necessary for demonstrating how the exemption is in the interest of Defence. The Risk Management sub-file describes the risk and preventive measures regarding public health, the environment and workers, and provides an analysis of the possible alternatives. These preventive measures must ensure the same level of protection as the measures taken for the REACH, CLP or Biocides Regulation.

The applicant sends the administrative file and the Risk Management sub-file to the Risk Management Department and the Department of Defence. The Defence sub-file is submitted to the Department of Defence only.

• Risk Management Dep. of FPS Health, Food Chain Safety and Environment
Victor Hortaplein 40 box 10, 1060 Brussels
Contact Centre: +32 (0)2 524 97 97

• Dep. of Defence Assistant Chief of Staff for Strategic Affairs (ACOS STRAT)
Everestraat 1, 1140 Brussels

The Department of Defence issues a binding opinion on the Defence sub-file. The Risk Management Department evaluates the risks to public health and the environment in case of a possible exemption. The final decision on the exemption is made by both the Minister of Defence and the Minister for the Environment.

Charges to be paid

The applicant is required to pay a retribution (one-off charge) of EUR 750 (Article 13/2 of the Royal Decree of 13 November 2011).
The amount must be transferred in favour of IBAN BE65 6792 0059 5996 in the name of Federal Public Service Health, Food Chain Safety and Environment (Bank van De Post in Brussels). In addition to the company’s details, the following must also be indicated: “[Defence] + Art. 13/2”.
In case of payments made from outside Belgium, the specific IBAN (BE65 6792 0059 5996) and BIC (PCHQBEBB) must be indicated:
Bank:
Bank van De Post
Koning Albert II-laan 162
1000 Brussels

Payment is to be made through a free-form transfer. Federal Public Service Health, Food Chain Safety and Environment will not sent out any transfer forms further to an application.