legal aid in the market introduction of protection measures against Covid – 19 – email@example.com
tegory: personal protective equipment
The legal requirements for this product category are set out in:
- Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment,
- Annex II to the Regulation of the Minister of Labour and Social Policy of 26 September 1997 on general health and safety at work.
- carrying out the conformity assessment procedure in accordance with Regulation 2016/425 on personal protective equipment,
- preparation by the manufacturer of a declaration of conformity for compliance with the health and safety requirements set out in Regulation 2016/425 on personal protection (the competent notified body should be involved in the conformity assessment process),
A model declaration of conformity is given below:
EU DECLARATION OF CONFORMITY
- PPE (product number, type, batch or serial number):
- Name and address of the manufacturer and, where applicable, of his authorized representative:
- This declaration of conformity shall be issued under the sole responsibility of the manufacturer:
- Subject of the declaration (identification of PPE enabling traceability; a sufficiently clear colour illustration may be included where this is necessary for the identification of PPE):
- The subject matter of this declaration described in point 4 shall comply with the relevant requirements of Union harmonisation legislation: …
- References to the relevant harmonised standards which have been applied, together with the date of the standard, or to other technical specifications, together with the date of the specifications for which conformity is declared:
- Where applicable, the notified body … (name, number) … carried out an EU type-examination (Module B) and issued an EU type-examination certificate … (reference to this certificate).
- Where appropriate, PPE shall be subject to a conformity assessment procedure … (either type compliance based on internal production control and supervised product inspections at random intervals (module C 2) or type conformity based on production process quality assurance (module D)) … under the supervision of the notifier … (name, number).
- Additional information:
Signed on behalf of: …
(place and date of issue):
(name, position) (signature):
- obtaining a certificate confirming that the product complies with the relevant standards issued by the competent notified body (the list of certification bodies is available here: https://ec.europa.eu/growth/tools-databases/nando/index.cfm?fuseaction=directive.notifiedbody&dir_id=34),
- ce marking.
Protective suit complying with the essential requirements of Regulation (EU) 2016/425 of the European Parliament and of the Council on personal protective equipment, including standard EN 14126:2003 for clothing, providing protection against infective agents under at least specified conditions:
- resistance to penetration of contaminated liquid under hydrostatic pressure – class 4 or higher,
- minimum tear and puncture strength according to EN 14325:2018 (Class 1),
- at least type 4 by classification according to EN 14605: 2005+A1:2009 or type 6 according to EN 13034:2005+A1:2009,
- sleeves finished with elastic protective tape,
- zipper covered with a slat.
- declaration of conformity for compliance with the requirements of Regulation 2016/425 on personal protective equipment,
- a certificate for the product confirming that the product complies with the relevant standard.
- CE marking,
- type name, batch or batch number or other information enabling the protective suit to be identified (where the size or nature of the product does not allow it — the required information shall be included on the packaging or in the accompanying document),
- the manufacturer's details, name, registered trade name or registered trade mark and the postal address at which he can be contacted (if it is not possible to appear on the suit , the manufacturer's details shall be indicated on the packaging or in the accompanying document)
- the importer's particulars – in the case of imported protective suits – i.e. the name, registered trade name or registered trade mark and the postal address at which he can be contacted (if it is not possible to place it on protective suits – the importer's data shall be indicated on the packaging or in the accompanying document),
- accordance with the requirements of the relevant standard.
Due to the prevailing pandemic, specific arrangements have been provided for the supply of personal protective equipment and medical devices. The Ministry of Health has introduced a special purchasing procedure under which products can be purchased in accordance with the guidelines of the national consultant in the field of infectious diseases.
In accordance with this procedure:
- the suits may only be intended for staff providing health care services, including sanitary transport, services and other persons involved in action against the coronavirus epidemic,
- the suits must comply with the abovementioned standards,
- products must be CE marked.
- not later than 36 hours before the intention to export or dispose of the protective suits outside the territory of Polish, the governor responsible for the trader's registered office or place of residence must be informed,
- the governor may or may not submit an application to the Prime Minister to prohibit the export or disposal of these products outside the territory of Polish.
As a general rule, medical devices and PPE are subject to a 23% or 8% VAT rate. The amount of the rate depends on the assignment of the product to the correct final grouping of the PKWiU.
In accordance with the provisions of the Regulation of the Minister of Finance of 25 March 2020. on goods and services for which the rate of tax on goods and services is reduced and the conditions for the application of reduced rates, it is possible to apply a reduced rate of 0% of the tax in the case of the free transfer by a taxable person of goods belonging to his undertaking, in particular any donations of personal protective equipment – only masks, face guards/windows, goggles, safety goggles, overalls, shoe protectors, caps and gloves.
However, certain conditions must be met for the application of the reduced VAT rate (the donation must be made in writing, between the donor and one of the entities enumerated in the legislation, it must be clear from the contract that the goods delivered will be used by the rightholders).
The reduced rate of VAT can therefore be applied to donations made under the above conditions between 1 February 2020 and 31 August 2020.