Biuro do Spraw Substancji i Preparatów Chemicznych

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Annoucements

ACT of 25 February 2011 on the Chemical Substances and Their Mixtures

(25.03.2011)

We would like to inform that in the Journal of Laws of the Republic of Poland (Dziennik Ustaw) of 24 March 2011 Act of 25 February 2011on the Chemical Substances and Their Mixtures has been promulgated.

This Act shall enter into force after 14 days from the date of promulgation.

Working translation in English

This Act amends:

- Act of 26 June 1974 – Labour Code,
- Act of 14 March 1985 on the State Sanitary Inspection,
- Act of 20 July 1991 on the Environmental Protection Inspection,
- Act of 15 December 2000 on the Trade Inspection,
- Act of 30 March 2001 on Cosmetics,
- Act of 27 April 2001 – the Environmental Protection Law,
- Act of 11 May 2001 on Packaging and Packaging Waste,
- Act of 6 September 2001 – Pharmaceutical Law,
- Act of 13 September 2002 on Biocidal Products,
- Act of 28 October 2002  on Liability of Collective Entities for acts prohibited by penalty,
- Act of 17 October 2003 on Underwater Work,
- Act of 12 December 2003  on the General Safety of Products,
- Act of 18 December 2003 on Plant Conservation,
- Act of 20 April 2004  on the substances that deplete the ozone layer,
- Act of 20 January 2005  on the recycling of end of life vehicles,
- Act of 21 January 2005  on experiments on animals, 
- Act of 29  July 2005 on counteracting drug addiction,
- Act of 29  July 2005  on waste electrical and electronic equipment
- Act  of  13  April  2007   on  prevention of damage to the environment and its remediation,
- Act of 27 August 2009 on the Customs Service.

  • The Act determines the competence of the authorities within the scope of executing administrative tasks and duties resulting from:
  •  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1, with subsequent amendments), hereinafter referred to as "Regulation No 1907/2006";
  • Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents(OJ L 104, 08.04.2004, p. 1, as amended; OJ, Special Polish Edition, chapter 13, vol. 34, p. 48, with subsequent amendments), hereinafter referred to as "Regulation No 648/2004";) 
  • Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 on the export and import of dangerous chemicals (OJ L 204, 31.07.2008, p. 1), hereinafter referred to as "Regulation No 689/2008".
  • Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJL 353, 31.12.2008, p. 1), hereinafter referred to as "Regulation No1272/2008”.
  • This Act regulates the conditions or the bans of manufacturing, placing on the market or use of chemical substances , hereinafter referred to as "substances",on their own, as ingredients in mixtures or in articles,within the scope unregulated by the provisions of the Regulations referred to in paragraph 1.
     
  • This Act does not apply to the conditions of transport of substances and mixtures, including also the conditions of transit movements under customs supervision where they are not in the course of processing or repacking during the transport.
     
  • The provisions of this Act do not apply to:

         1) substances and mixtures being radioactive sources, within the scope laid down in separate provisions;

         2) waste in the meaning of  the provisions on waste;

         3) substances and mixtures in the form of finished products intended for final  users, being: 

              a) medicinal products in the meaning of the provisions of the pharmaceutical law,

              b) foodstuffs in the meaning of the provisions concerning safety of food and nutrition,

              c) feeding stuffs in the meaning of the provisions concerning feeding stuffs,  

              d) plant protection products in the meaning of the provisions concerning  plant protection, with the
              exception of the provisions concerning classification of these products with respect to their risks,
              studies of their physical and chemical properties, toxicity and ecotoxicity, packaging and its labelling,
              provisions issued by virtue of Article 26(1), provisions of Articles 36, 41, 43 and  46  and penal provisions
              for incompliance with the regulations laid down in paragraph 1 items 1, 3 and 4,

              e) cosmetics in the meaning of the provisions concerning cosmetics, with the exception of Articles29
              and 30, Articles from 36 to 40, Article 43(2), Articles 49 and 50, Articles from  57 to 60 and Article 64, 
              and provisions issued pursuant to Article 16(15), Article 17(4) and Article 26,

              f)  invasive medical devices, in the meaning of the provisions concerning medical devices, or medical
              devices intended for use in direct contact with the human body, where these provisions identify their
              classification and labeling ensuring the same level of information and protection for human health and
              the environment as the provisions of the Act, with the exception of Articles 29 and 30, Articles from 36
              to 40, Article 43(2), Articles 49 and 50, Articles from 57 to 61  and Article 64 and provisions issued
              pursuant to Article 26.

      – unless special provisions provide otherwise;

     4)  substances and mixtures imported to the territory of the Republic of Poland, where their quantity and
          type indicate that they are exclusively intended for private purposes.


 

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