The DEFENCE MINISTER in consultation with the Minister of health and Minister for the environment and protection of land and sea and the MINISTER of ECONOMIC DEVELOPMENT having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of December 18, 2006 concerning the registration, evaluation, authorisation and restriction of chemicals, and in particular art. 2, paragraph 3, under which Member States may allow for exemptions from this regulation in specific cases for certain substances as such or as a component of mixtures or articles, if necessary in the interests of defence»; Having regard to the Decree-Law February 15, 2007, n. 10, converted, with amendments, into law no April 6, 2007. 46 concerning «measures to implement EU and international obligations, and in particular art. 5-bis on the implementation of Regulation (EC) no 1907/2006, with which the Ministry of health is designated as the competent authority in accordance with art. 121 thereof; Seen on November 22, 2007 Decree of the Minister of health, in consultation with the Minister of the environment and protection of land and sea, the Minister of economic development, the Minister of economy and finance and the Minister for European policies, establishing a "plan of activities and use of financial resources under art. February 15, 2007, 5-bis of Decree-Law n. 10, converted with amendments into law April 6, 2007, n. 46, regarding the requirements laid down in Regulation (EC) No 1907/2006 ", published in the official journal of January 15, 2008, # 12; Having regard to the Legislative Decree March 15, 2010, # 66, establishing a sort code «military»; Having regard to the Decree of the President of the Republic March 15, 2010, # 90, establishing a "regulatory provisions consolidated military sort order '; Having regard to the Decree of the Minister of defence, January 16, 2013 establishing a "structure of the General Secretariat, the Directorates-General and central offices; Given that Regulation (EC) No 1907/2006 aims to ensure a high level of protection of human health and the environment, including the promotion of alternative methods for assessment of hazards of substances, as well as the free circulation of substances on the internal market while enhancing competitiveness and innovation; Given that one of the main objectives of the new system established by Regulation (EC) No 1907/2006 is to encourage and in certain cases to ensure the replacement of substances of high concern with less dangerous substances or technologies where this is technically and economically suitable alternatives, and that the mentioned Regulation (EC) No 1907/2006 lays down specific duties and obligations for manufacturers , importers and users of substances on their own or as a component of mixtures or articles; Considering that for the substances referred to in Regulation (EC) No 1907/2006 it is expected that industries are required to produce them, import them, market them, use them or enter them on the market in line with the provisions of that regulation and with full responsibility and diligence necessary to ensure that, under reasonably foreseeable conditions, no resulting harm to human health and the environment; Whereas, to ensure compliance with the principles and purposes of Regulation (EC) no 1907/2006, the EU Member States that, in the interest of the defense of the country, benefit from the exemption provided for in art. 2, paragraph 3, of that regulation, for certain substances as such or as a component of mixtures or articles, are required to provide for appropriate measures to ensure a high level of protection of human health and the environment;
Decrees: Art. 1
Finalita' 1. This Decree regulates the internal procedures at the Ministry of defence and the way to have the exemption by Regulation (EC) No 1907/2006, hereinafter referred to as "REACH", of some substances on their own or as a component of mixtures or articles, in the interest of defence, pursuant to art. 2, paragraph 3, of that regulation.