1. Legal Basis
Article 2 (3) of Regulation EC 1907/2006 (REACH) provides that EU Member States may allow exemptions from this regulation in specific cases for certain substances, on their own, in a mixture or in an article, where necessary in the interests of Defence.
The national law(s) and/or regulation(s) that serve(s) as the basis for granting exemptions from REACH in the interest of defence are:
- The Act of the Cabinet of 27 April 2001, Environmental Protection Law (Journal of Laws 2020.1219);
- The Act of the Cabinet of 25 February 2011, on the chemical substances and their mixtures (Journal of Laws 2020.2289);
- 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);
- Regulation of the Minister of Health of 20 April 2012, on the labelling of dangerous substances and mixtures (Journal of Laws 2015.450);
- 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).
2. 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 an opinion from the Ministry of Health and Ministry of Economic Development,
Labour 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.
Stakeholders can apply for a defence exemption from the following provisions/articles of the REACH Regulation:
- Article 33 notifications in the supply chain
- Article 66(1) notifications
It is not possible for stakeholders to apply for an exemption from the REACH Regulation in its entirety (from all provisions/articles).
Applicants are required to fill in a specific formal document/template or form when they apply for a defence exemption.
A copy of this document in English can be found here: https://api.typeform.com/responses/files/6026253036a836c67c8672b1b2113bd8fd2288d602898f0ff379d32b470d1017/application_for_a_REACH_defence_exemption.pdf.
There are no charges/fees foreseen to be paid by stakeholders to the Ministry of Defence when applying for a defence exemption.
2.5. Decision-making process
A defence exemption is issued as a decision by the Minister of National Defence, after obtaining the opinion of the Health and Economy Ministers (Art 3,The Act of the Cabinet of 25 February 2011, on the chemical substances and their mixtures).
2.6. Validity period
There is no specific validity duration when the exemption is granted.
After an exemption has been granted and during its validity period, the applicant to which the exemption has been granted is not required to (re-)justify the requirements.
There is no possibility to provide an extension to the initial validity period of the defence exemption. There would be no point in re-applying due to the lack of validity period.
3. Description of National Safety and Traceability Measures
National Safeguard Measures mirror those imposed by REACH.
A Chemical Safety Assessment (CSA) is not required.
4. National Bodies Involved
Ministry of National Defence
Ministry of Economic Development, Labour and Technology
Ministry of Health
5. Where to File an Application
Ministerstwo Obrony Narodowej
Al. Niepodległości 218
6. Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions
The Polish Legal Act does not foresee an automatic acknowledgment/recognition of foreign defence exemption decision.
7. Number of Exemptions Granted
To date, the Ministry of National Defence has granted 21 defence exemptions.
8. Contact Info
1. Consultation Point for REACH and CLP
9. Links to national websites
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.com.pl
State institutions (involved in the work on REACH):
Office for Chemical Substances www.gov.pl/web/chemikalia
Chief Inspectorate of Environmental Protection www.gios.gov.pl/en
Chief Sanitary Inspectorate www.gov.pl/web/gis
Director of Industrial Chemistry Research Institute https://ichp.pl
Ministry of Economic Development, Labour and Technology www.gov.pl/web/development-labour-technology
Ministry of Health www.gov.pl/web/zdrowie
Ministry of Climate and Environment www.gov.pl/web/climate
Office for Registration of Medical Products, Medical Devices and Biocidal Products www.urpl.gov.pl/en
Last Update: 14 November, 2023