Notification Detail

Regulation of the Minister of the Economy amending the Regulation on restrictions on the manufacture, placing on the market or use of dangerous substances and mixtures or those which could be dangerous and the placing on the market or use of articles containing such substances or mixtures.

Notification Number: 2013/286/PL (Poland)
Date received: 29/05/2013
End of Standstill: 30/08/2013

Issue of comments by: Austria
bg cs da de el en es et fi fr hu it lt lv mt nl pl pt ro sk sl sv
de en fr pl
pl
bg cs da de el en es et fi fr hu it lt lv mt nl pl pt ro sk sl sv


Message 002

Communication from the Commission - TRIS/(2013) 01387
Directive 98/34/EC
Translation of the message 001
Notification: 2013/0286/PL

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Nao inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 201301387.EN)

1. Structured Information Line
MSG 002 IND 2013 0286 PL EN 29-05-2013 PL NOTIF



2. Member State
PL


3. Department Responsible
Departament Innowacji i Przemysłu, Ministerstwo Gospodarki,
Plac Trzech Krzyży 3/5, 00-507 Warszawa,
tel. +48-22/693-5407, fax: +48-22/693-4084, e-mail: notyfikacja@mg.gov.pl


3. Originating Department
Departament Innowacji i Przemysłu, Ministerstwo Gospodarki, Plac Trzech Krzyży 3/5, 00-507 Warszawa, tel. +48-22/693-5922, fax: +48-22/693-4084, e-mail: sekretariatDIP@mg.gov.pl


4. Notification Number
2013/0286/PL - C00C


5. Title
Regulation of the Minister of the Economy amending the Regulation on restrictions on the manufacture, placing on the market or use of dangerous substances and mixtures or those which could be dangerous and the placing on the market or use of articles containing such substances or mixtures.


6. Products Concerned
B20 - Safety
C10C – Dangerous substances and chemical preparations
S70E – Dangerous substances


7. Notification Under Another Act
-


8. Main Content
In the added § 2a the notified draft prohibits trade involving the sale to consumers in the Republic of Poland of the following:
1) methanol (CAS 67-56-1);
2) substances containing methanol in concentrations of more than 3% w/w;
3) mixtures containing methanol in concentrations of more than 3% w/w.
This prohibition does not concern the following substances and mixtures containing methanol in concentrations of more than 3% w/w:
1) engine fuels for use in model making;
2) fuels for internal combustion engines used in power boating sports;
3) fuel cell fuels;
4) liquid biofuels in the understanding of the Bio-components and Liquid Bio-fuels Act of 25 August 2006 (Journal of Laws, No 169(1199), as amended)


9. Brief Statement of Grounds
The retail trade of products containing methyl alcohol was banned in Poland in 1967 under the provisions of the Regulation of the Minister of Health and Social Welfare of 24 April 1967 on the extension of regulations on poisons to include methanol (Journal of Laws, No 16(78)), issued under the then binding Poisonous Substances Act of 21 May 1963 (Journal of Laws, No 22(116), as amended), and then, following the repealing of the Act, it was regulated under the provisions of the Regulation of the Minister of the Economy and Labour of 5 July 2004 on restrictions, prohibitions or the conditions of production, marketing or the use of dangerous substances and preparations and of products containing these (Journal of Laws, No 168(1762), as amended), issued under the Chemical Substances and Preparations Act of 11 January 2001 (Journal of Laws of 2009, No 152(1222)). This Regulation banned the placing on the market of products made available to consumers containing more than 3% methyl alcohol.
As part of the amendment of the Chemical Substances and Preparations Act of 11 January 2001 and of the Regulations issued in connection with this Act, brought about by the need to adapt Polish provisions to the provisions of 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 of 30 December 2006, p. 1, as amended), hereinafter referred to as the “REACH Regulation”, the Regulation of the Minister of the Economy and Labour of 5 July 2004 on restrictions, prohibitions or the conditions of production, marketing or the use of dangerous substances and preparations and of products containing these lost force on 1 June 2010 and it became necessary to transfer this ban to the new Regulation. The new draft Regulation of the Minister of the Economy, drawn up in 2010, containing restrictions on the placing on the market of methyl alcohol, was notified in 2010 to the European Commission under number 2010/366/PL; however, it was not indicated clearly that the draft constitutes a transfer of the previously binding provisions to the new Regulation, which resulted in the draft being assessed by the European Commission as a new restriction, thus requiring the application of the procedure defined under Article 69(4) of the REACH Regulation; this led to Poland being forced to withdraw the draft.
It is necessary to issue the current Regulation because of the growing number of deaths caused by poisoning brought about by products containing methanol ever since the provisions limiting methanol in products ceased having binding force (details are contained in the grounds).
As the currently notified draft Regulation does not introduce any new restrictions, it is the belief of Poland that it is not subject to Article 69(4) of the REACH Regulation. The provisions of Article 67(3) of the REACH Regulation should also not apply, as these provisions concern restrictions that are more stringent than those in Annex XVII of the REACH Regulation.


10. Reference Documents - Basic Texts
Restricting the placing on the market or the use of a given substance, preparation or chemical product
References to basic texts: - the Chemical Substances and their Mixtures Act of 25 February 2011 (Journal of Laws, No 63(322) as amended) – Article 26(1)
- Regulation of the Minister of the Economy and Labour of 5 July 2004 on restrictions, prohibitions or the conditions of production, marketing or the use of dangerous substances and preparations and of products containing these (Journal of Laws, No 168(1762), as amended) - § 2
- Regulation of the Minister of Health and Social Welfare of 24 April 1967 on the extension of regulations on poisons to include methanol (Journal of Laws, No 16(78))
- Poisonous Substances Act of 21 May 1963 (Journal of Laws, No 22(116), as amended) – Article 2, Article 7(1) and Article 10.
The basic texts were submitted under an earlier notification: 2010/366/PL


11. Invocation of the Emergency Procedure
No


12. Grounds for the Emergency
-


13. Confidentiality
No


14. Fiscal measures
No


15. Impact assessment
-


16. TBT and SPS aspects
TBT aspect

NO – the draft has no significant impact on international trade.

SPS aspect

NO – the draft has no significant impact on international trade.




**********
European Commission

Contact point Directive 98/34
Fax: +32 229 98043
email: dir83-189-central@ec.europa.eu

Stakeholders Contributions

The TRIS website makes it easy for you or your organization to share your views on any given notification.
Due to the end of standstill we are currently not accepting any further contributions for this notification via the website.


No contributions were found for this notification