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POLAND

Legal Basis

  1.  The Act of the Cabinet of 27 April 2001, Environmental Protection Law (Journal of Laws 2018.799);
  2. The Act of the Cabinet of 25 February 2011, on the chemical substances and their mixtures (Journal of Laws 2018.143);
  3. Regulation of the Minister of Health of 10 August 2012, on the criteria and ways of classification of chemical substances and their mixtures (Journal of Laws 2015.208);
  4. Regulation of the Minister of Health of 20 April 2012, on the labelling of dangerous substances and mixtures (Journal of Laws 2015.450);
  5. Regulation of the Minister of Health of 24 July 2012, on the chemical substances, their mixtures, agents or technological processes having a carcinogenic or mutagenic effect in the working environment (Journal of Laws 2016.1117).

Description of National Procedure

An application for a REACH defence exemption should be sent to the Ministry of National Defence.

The process of the request is made by the MoD for establishing the necessity of the application (defence reasoning). The MoD obtains opinion from Ministry of Health and Ministry of Entrepreneurship and Technology concerning the application and, grants (or not) the exemption.

Range of date and information required to issue opinion and decision in relation to exemptions from Regulation (WE) No 1907/2006 (REACH)

1. Customer identity applying for exemption from REACH Regulation:

  • company name,
  • address and other data of contacts (POC)

2. Chemical Identification

  • name or names compatible with IUPAC terminology or other international name or chemical names,
  • other names (customary, trade, abbreviation),
  • chemical number in relation EINECS and ELINKS (if available, and adequate),
  • name according to CAS and CAS number (if available).

3. Average annual tonnage of imported chemical or produced or used and average annual tonnage to be subject to exemptions, calculated in relation to Art. 30 REACH Regulation.

4. Safety data sheets according to Art.31 REACH Regulation, and for chemical for which safety data sheet is not required – information in relation to Art. 32 1 b), c) and d) REACH Regulation.

5. Chemical using, which the application concern.

6. List of downstream users included in range of exemptions.

7. Justification: necessity of exemption to comply with REACH Regulation, taking into consideration social and economic aspects.

Description of National Safeguard Measures

National Safeguard Measures mirror those imposed by REACH.

National Bodies Involved

Ministry of National Defence
Ministry of Economy
Ministry of Health

In specific cases for certain substances, on their own, in a preparation or in products essential for the interests of defence, it is permitted to exempt from REACH Regulation (excluding articles of the title IV REACH). Exemption mentioned above is issued as a decision by Minister of National Defence, after obtaining opinion of right Health and Economy Ministers (Art 3,The Act of the Cabinet of 25 February 2011, on the chemical substances and their mixtures).

Where to File an Application

Ministerstwo Obrony Narodowej
Al. Niepodległości 218
00-909 Warszawa

Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions

The Polish Legal Act doesn’t foresee an automatic acknowledgment/recognition of foreign defence exemption decision.

Number of Exemptions Granted

The Ministry of National Defence has granted 21 defence exemptions so far.

Contact Info

  • Consultation Point for REACH and CLP

pytanie@reach-info.pl
www.reach-info.pl

  • Ministry of National Defence:

Department of Infrastructure
Environmental Protection Branch
Al. Niepodległości 218
00-909 Warszawa
di@mon.gov.pl
ajarski@mon.gov.pl

Link to national web site(s) (if any)

National Information Centre for REACH www.reach.gov.pl
National Information Centre for CLP www.clp.gov.pl
Point Consultative Committee for the Ministry Entrepreneurship and Technology www.reach-info.pl

State institutions (involved in the work on REACH):

Office for Chemical Substances www.chemikalia.gov.pl
Chief Inspectorate of Environmental Protection www.gios.gov.pl
Chief Sanitary Inspectorate www.gis.gov.pl
Director of Industrial Chemistry Research Institute www.ichp.pl
Ministry of Entrepreneurship and Technology  www.gov.pl/web/przedsiebiorczosc-technologia
Ministry of Health www.gov.pl/web/zdrowie
Ministry of Environment www.gov.pl/web/srodowisko
Office for Registration of Medical Products, Medical Devices and Biocidal Products www.urpl.gov.pl

 

Last Update: 18 June 2019

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