Polish national legal framework regarding mercury and other heavy metals (Cd and Pb)

1. Polish national legal frameworkregardingmercury and other heavy metals (Cd and Pb) dr Agnieszka Dudra Bureau for Chemical Substances and Preparations Poland Bucharest, 6th November 2009

2. LEGAL BASIS The legal basis for the operation of the Inspector and Bureau is theAct of 11 January 2001 on chemical substances and preparations. ThecrucialamendmenthasbeenpublishedinFebruary 2009. .

3. Competent Authoritiesin Poland Inspector for Chemical Substances and Preparations has become REACH Competent Authority, in order to cooperate with the European Commission, European Chemicals Agency and other EU Member States in the implementation of the REACH Regulation. The Bureau was formed when Polish legislation was being harmonized with the acquiscommunautaire and has been since this time the Polish competent authority (CA) for chemicals (REACH, CLP, detergents). Bureau for Chemical Substances and Preparations provides all the necessary support for the Inspector in performing his duties under chemical law. • The Bureau is subordinate to the Ministry of Health. • The Ministry of Health is responsible for drafting legislation. • Ministry of Economy is responsible for REACH Committee.

4. Community and Polish legal acts COMMISSION REGULATION (EC) No 552/2009 of 22 June 2009 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII.

5. Polish statement Chemicals management should ensure a high level of protection of human health and the environment, including the promotion of alternatives for dangerous substances. The requirements on application, restrictions or total prohibition of mercury, cadmium and lead in products and production processes are set by the following legal acts that have resulted from transposition of the relevant Community provisions.

6. Community and Polish legal acts

7. Community and Polish legal acts

8. Community and Polish legal acts

9. Community and Polish legal acts

10. Community and Polish legal acts

11. Community and Polish legal acts

12. Manufacturing Conditions Article 67 of Regulation (EC) No 1907/2006 (REACH) provides that substances, mixtures or articles may not be manufactured, placed on the market or used unless they comply with the conditions of any restrictions laid down in their regard in Annex XVII.

16. Review of the availability of reliable safer alternativesmercury-containing sphygmos in Poland Aneroid and electronic instruments are reliable substitutes to mercury manometers (simple operation, user does not need to be involved in the measurement process). Polish Goverment has not conducted an analysis of costs connected with replacement of mercury sphygmomanometers to alternatives. The complete replacement of mercury sphygmomanometers by non-mercury alternatives is economically feasible. The complete replacement can be expected till 2010.

19. Poland participates in the review conducted by RPA on behalf of the European Commission, Directorate-General Enterprise and Industry in regard to „Socio-economic impacts of a potential update of the restrictions on the marketing and use of cadmium”; (cadmium in brazing, jewellery and PVC).Poland participates in the review conducted by Afsset in regard to „Lead and its compounds in jewellery”.

20. Packaging Act on packaging and packaging waste imposes obligations on manufacturers, importers and those making inter-Community purchase of packaging, to limit the quantities of and negative environmental impacts from the substances used to manufacture packaging, in such a way that the maximum combined total quantity of lead, cadmium, mercury and hexavalent chromium content in packaging does not exceed 100 mg/kg.

21. Packaging Regulation of Minister of the Environment on the contents of lead, cadmium, mercury and hexavalent chromium in packaging sets out the types of packaging exempted from the requirement to comply with the 100 mg/kg level of the maximum total combined amount of, lead, cadmium, mercury and hexavalent chromium.

22. Articles intended to come into contact with foodstuff Regulation of Ministry of Health on the inventory of substances in articles intended tocome into contact with foodstuffs. The quantities of lead and cadmium transferred from ceramic articles shall not exceed the limits laid down below: 1. For articles which cannot be filled and articles which can be filled, the internal depth of which, measured from the lowest point to the horizontal plane passing through the upper rim, does not exceed 25 mm: Pb – 0,8 mg/dm2; Cd – 0,07 mg/dm2; 2. For all other articles which can be filled: Pb – 4 mg/dm2; Cd – 0,3 mg/dm2; 3. For cooking ware; packaging and storage vessels having a capacity of more than three litres: Pb – 1,5 mg/dm2; Cd – 0,1 mg/dm2.

23. Batteries and accumulators Regulation of Minister of Economy on the specific requirements to be complied with batteries and accumulators manufactured and placed on the market For batteries and accumulators manufactured and placedon the market individually or installed in equipment, Regulation sets out the permissible value of the mercury content up to 0,0005% level by weight; this provision does not apply only to button cells and sets of such cells being batteries (their mercury content must not be higher than 2% by weight).

24. Batteries and accumulators The maximum permissible levels of lead and cadmium content in batteries and accumulators manufactured and placed on the market individually, or installed in equipment; the maximum permissible levels of cadmium is 0,025% by weight, and 0,4%, by weight, for lead.

25. Vehicles Act on the recycling of the end of live vehiclesin its stipulates that the material, equipment and parts of vehicles should not contain lead, cadmium, mercury or hexavalentchromium. Regulation of Minister of Economy and Labour on the list of materials, equipment and parts of vehicles which could contain lead, mercury, cadmium, and hexavalent chromium. The Regulation allows for the circumstances under which these metals could be contained up-to 0,1% in definite materials, equipment and parts of vehicles if it is necessary to achieve required technical characteristics of these equipment and parts.

26. Electrical and electronic equipment Regulation of Minister of Economy on the specific requirements on use of certain substances in electrical and electronic equipment that could have negative environmental impact. The Regulation imposes the ban on the use of mercury in electrical and electronic equipment, filament tubes and electric lighting fittings for household use (this provision does not apply to spare parts of electrical and electronic equipment placed on the market before 1 July 2006). Moreover, in the elements of electrical and electronic equipment that are homogenous material the mercury content shall not be more than 0,1% by weight.

27. The operator who places its equipment on the market is held responsible for securing that neither lead and cadmium nor their compounds are contained in electrical and electronic equipment and in bulbs and electric-light fittings designated for use in households, however this ban does not apply to spare parts of electrical and electronic equipment placed on the market until 1 July 2006. The lead content in elements in electrical and electronic equipment being homogeneous material shall be not more than 0,1 % by weight, and cadmium content shall be not more than 0,01 % by weight. Electrical and electronic equipment

28. Toys Regulation of Minister of Economyof on the essential requirements for toys.In particular, for the protection of children's health, bioavailabilityresulting from the use of toys must not, as an objective, exceed thefollowing levels per day:0,6 μg for cadmium, 0,7 μg for lead,0,5 μg for mercury,or such other values as may be laid down for these or other substancesin other legal acts based on scientific evidence.

29. Drinking Water Regulation of Minister of Health on the quality of water intended for human consumption.Threshold limit value in water:cadmium – 0,005 mg/l, lead – 0,025 mg/l (to 1st January 2013); 0,010 mg/l (from 1st January 2013)mercury – 0,001 mg/l.

30. Drinking Water Regulation of Minister of Health on the requirements for natural mineral waters, natural spring waters and table waters.Constituents naturally present in natural mineral waters and maximum limits which, if exceeded, may pose a risk to public health:cadmium – 0,003 mg/l, lead – 0,010 mg/l mercury – 0,001 mg/l.

31. Environment Regulation of Minister of the Environmenton the levelsof certain substances in the air. Target values for the total content of cadmium in the PM10 fraction averaged over a calendar year – 5 ng/m3. The date of achievement for cadmium target values is 2013.Target values for the total content of lead in the PM10 fraction averaged over a calendar year – 0,5 mg/m3. The date of achievement for lead target values is 2005.

32. Environment Regulation of Minister of the Environment on the specific requirements to be met by the air protection programmes.The objectives of this Regulation shall be to establish a target value for the concentration of substances: arsenic, cadmium, nickel and benzo(a)pyrene and lead in ambient air so as to avoid, prevent or reduce harmful effects of arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons and lead on human health and the environment as a whole.

33. Environment The NationalStrategy on Reduction of Heavy Metals Emissions is the official document considered a strategy for action in the field of reduction of the national emissions of heavy metals. With regard to mercury, this document focuses particularly on reduction ofatmospheric emission of this pollutant that is considered the activity most important for Poland in this field.As far as mercury emissions from industrial installations are concerned, they are covered by the reporting obligations under the Polish National Pollutant Release and Transfer Register being a part of the European Pollutant Release and Transfer Register. The Chief Inspector of Environmental Protection have to manage the Register.

34. Environment Monitoring of gaseous and particulate air emissions and of waste water discharges into waters or land is managed in Poland by the Chief Inspectorate for Environmental Protection (GIOŚ) under the National Environmental Monitoring Scheme.Moreover, data sets on cadmium and lead emissions are prepared by the National Administrator of the Emission Allowance Trading (KASHUE) and then forwarded to the European Monitoring Emission Program (EMEP) and the European Pollutants Emission Register (EPER) of the European Commission for the annual reporting purpose.

35. Thank you for your attention