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The entry into force of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 on the registration, assessment, authorisation and restriction of chemical substances and preparations (REACH) has updated European legislation on this matter.
The purpose of the above Regulation is to ensure a high level of protection of human health and the environment, as well as the free movement of chemical substances as such, in the form of mixtures or contained in articles. It also aims to promote the competitiveness and innovation of the European chemical industry, by encouraging the development of alternative methods to assess the dangers posed by chemical substances.
To do this, the REACH Regulation requires that all chemicals manufactured or imported into the European Union, in excess of one tonne per year, be registered and that manufacturers and importers assess systematically the risks they may pose to health and the environment.
Subsequently, and in order to harmonise the provisions and criteria for the classification and labelling of specific substances, mixtures and certain specific articles in the Community, taking into account the criteria for classification and the rules The United Nations, the Globally Harmonised System of Classification and Labelling of Chemicals (SGA), is approved by Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 (CLP) on classification, labelling and packaging of substances and mixtures, and amending and repealing them Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006 by making changes to their articles.
Since the failure to comply with the REACH Regulation and the CLP Regulation could result in damage to human health and the environment, in Articles 126 and 47 respectively, Member States are required to establish a sanctions regime for infringement of the provisions of the provisions and to take all necessary measures to ensure their application.
For this reason, Law 8/2010 of 31 March, establishing the system of penalties provided for in Regulations (EC) on registration, assessment, authorisation and restriction of substances and restrictions on substances and substances, has been enacted. chemical mixtures (REACH) and on the classification, labelling and packaging of substances and mixtures (CLP), which amends it.
Furthermore, Article 2.3 of the REACH Regulation and Article 1.4 of the CLP Regulation provide that Member States may, in specific cases, provide for derogations from the Regulations for certain substances, such as: mixtures, if necessary for reasons of defence.
According to the aforementioned articles, this royal decree regulates the exemption mechanism that the Ministry of Defense may use for substances that are of interest for defense reasons, which does not exclude the competent authorities should ensure that the purpose and purpose of these Regulations are maintained in order to ensure a high level of protection of human health and the environment, within the framework of their powers.
In order to achieve these objectives, internal management requirements and mechanisms will be applied to ensure the confidentiality of the substances ' compositions and the commitment to guarantee the interest for reasons of National Defense. The aforementioned requirements and mechanisms will be established by ministerial order of the department, in the development of this royal decree.
Finally, in the process of dealing with this royal decree, a report has been requested from the Ministry of Health, Social Policy and Equality and the Ministry of the Environment, and the Rural and Marine Environment, as well as the Middle Advisory Council. Environment.
In its virtue, on the proposal of the Minister of Defense, with the prior approval of the Minister of Territorial Policy and Public Administration, according to the Council of State and after deliberation by the Council of Ministers, in its Meeting of the day of September 8, 2011,
DISPONGO:
Article 1. Object.
The purpose of this royal decree is the application of the exemptions for reasons of defense, in matters of registration, evaluation, authorization and restriction of chemical substances as such or in the form of mixtures or contained in articles, provided for in Article 2.3 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 (hereinafter 'REACH Regulation') and on the classification, labelling and packaging provided for in Article 1.4 of the EC Regulation) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 (hereinafter referred to as ' the CLP Regulation).
Article 2. Scope.
1. The exemption in the application of the REACH and CLP Regulations by reason of defence may be requested for chemical substances as such or in the form of mixtures or contained in articles supplied to the Ministry of Defence which are in any of the following assumptions:
(a) That they are protected for reasons of confidentiality because their composition is subject to the rules of protection of material and classified information, as well as because it is information that could compromise the State security.
b) That are necessary for reasons of operational and interoperability of the Armed Forces:
1. To continue to carry out the activities of the Armed Forces in an appropriate manner, provided that an alternative alternative of similar effectiveness has not been developed, which generates a lower risk for health, safety and the environment.
2. To carry out international missions of the Spanish Armed Forces in cooperation with other armies for the implementation of the maintenance regulations corresponding to the international mission or interoperability.
2. This exemption should be without prejudice to the obligation of the competent authorities to ensure and ensure a high level of protection of human health and the environment, taking into account both the evolution of the technique and the replacement of hazardous substances by alternatives which do not involve any danger or which pose the least possible risk.
Article 3. Competent authority and procedure.
1. The competent authority for the issue of exemption certificates for reasons of defence, in respect of registration, assessment, authorisation and restriction of substances as such or in the form of mixtures or contained in articles according to the REACH and CLP Regulations, will be the Director General of Armament and Material of the Ministry of Defense.
2. The procedure for applying and obtaining such exemption certificates shall be set by ministerial order of the said department.
3. The exemptions granted in application of the provisions of this royal decree will be submitted to the Ministries of Health, Social Policy and Equality and the Environment, and the Rural and Marine Environment.
Single repeal provision. Regulatory repeal.
All provisions of equal or lower rank are repealed to be opposed to the provisions of this royal decree.
Final disposition first. Competence title.
This royal decree is issued under the provisions of Article 149.1.4. of the Constitution, which attributes exclusive competence to the State on Defense and Armed Forces.
Final disposition second. Powers of development.
The Minister of Defense is empowered to dictate, in the field of his powers, the necessary provisions for the development of this royal decree.
Final disposition third. Entry into force.
This royal decree will enter into force on the day following its publication in the "Official State Gazette".
Given in Madrid, on September 8, 2011.
JOHN CARLOS R.
The Minister of Defense,
CARME CHACON PIQUERAS
