- The Act of the Cabinet of 27 April 2001, Environmental Protection Law (Journal of Laws 2008.25.150);
- The Act of the Cabinet of 11 January 2001, on chemical substances and preparations (Journal od Laws 152.1222);
- Regulation of the Minister of Health of 2 September 2003, on the criteria and classification of chemical substances and preparations (Journal of Laws 171.1666);
- Regulation of the Minister of Health of 2 September 2003, on the labeling of dangerous substances and preparations (Journal of Laws 173.1679).
Description of National Procedure
Range of date and information required to issue opinion and decision in relation to exemption from Regulation (WE) nr 1907/2006 (REACH)
- Customer identity applying for exemption from REACH Regulation:
- company name,
- address and other data of contacts (POC).
- 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 to EINECS and ELINKS (if available, and adequate),
- name according to CAS and CAS number (if available).
- Average annual tonnage of imported chemical or produced or used and average annual tonnage to be subject to exemption, calculated in relation to Art. 3, point 30 REACH Regulation.
- 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), d) and e) REACH Regulation.
- Chemical using, which the application concern.
- List of down stream users included in range of exemptions.
- Justification: necessity of exemption to comply with REACH Regulation, taking into consideration social and economical aspects.
Description of National Safeguard Measures
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 4a, The Act of the Cabinet of 11 January 2001, on chemical substances and preparations).
Where to File an Application
An application for a REACH defence exemption is filed to the Ministry of National Defence. The process of the request is made by the MoD for establishing the necessity of the aplication (defence reasoning). The MoD obtains opinion from Ministry of Health and Ministry of Economy concerning the application and, grants the exemption.
Conditions/Procedures for Acknowledgment/Recognition of Foreign Defence Exemptions
The Polish Legal Act doesn't foresee an automatic of foreign defence exemption decision. This procedure is currently under discussion between the involved parties.
Number of Exemptions Granted
The Ministry of National Defence has granted one defence exemption so far.
Col. Piotr SOLTYKIEWICZ
Chief of Branch
Analyses and Environmental Protection Branch
al. Niepodleglosci 218
+48 22 6874252
Link to national web site(s) (if any)
REACH website of the Polish Ministry of Economy http://www.mg.gov.pl/REACH/
Point REACH Advisory Board of the Ministry of Economy http://www.reach-info.pl
National Information Center for REACH www.reach.gov.pl
Consultation Point Silesian chemical companies www.chemiakonsultacje.pl
State institutions (involved in the work on REACH):
Bureau for Chemical Substances and Preparations www.chemikalia.gov.pl
Chief Inspectorate for Environmental Protection www.gios.gov.pl
Chief Sanitary inspectorate www.gis.gov.pl
Trade Inspection www.giih.gov.pl
Industrial Chemistry Research Institute www.ichp.pl
Environmental Institute www.ios.edu.pl
Institute of Industrial Organic www.ipo.waw.pl
Ministry of Economy www.mg.gov.pl
Ministry of Environment www.mos.gov.pl
Office for Registration of Medical Products, Medical Devices and Biocides www.urpl.gov.pl
Page Last Updated: 10/13/2010