A new inventory of liquid fuels – obligations of undertakings
Undertakings must obtain or change their fuel license or entry in the register of liquid fuel importers by October 8th.
September 8th, 2020 saw the entry into force of a new regulation of the Minister of Climate*, which changes the inventory of liquid fuels for which a relevant fuel license or an entry in the register of liquid fuel importers must be obtained.
This means that undertakings running activities relating to the fuels in question should apply to the President of the Energy Regulatory Office for issuing or changing a relevant license, or for obtaining or changing an entry in the register of liquid fuel importers.
Which fuels does the above amendment cover?
The inventory of liquid fuels, whose import, production, storage, reloading, transmission, distribution or trade involves additional administrative requirements, has been extended to cover:
- gas oils, including light fuel oils: 2710 20 16
- heavy fuel oils: 2710 19 66, 2710 19 67, 2710 20 32, 2710 20 38.
*Regulation of the Minister of Climate of August 7th, 2020 amending the Regulation of November 27th, 2019 on a specification of liquid fuels whose production, storage or reloading, transmission or distribution, trade, including foreign trade requires a license, and whose import requires an entry in the register of liquid fuel importers – LINK
At the same time, the obligation to obtain an entry in the register of liquid fuel importers or a relevant license has been lifted in relation to liquid fuels falling within the following CN codes:
- gas oils, including light fuel oils: 2710 20 15, 2710 20 17
- heavy fuel oils: 2710 19 64, 2710 19 68, 2710 20 31, 2710 20 35, 2710 20 39.
The new regulations have also abolished the obligation to obtain a relevant license for liquefied petroleum gas (LPG), CN code: 2901 10 00, in relation to products intended for purposes other than heating, propelling or shipping.
How to implement these changes?
Undertakings affected by the new regulations should apply to the President of the Energy Regulatory Office for issuing or changing a relevant fuel license, or for obtaining or changing an entry in the register of liquid fuel importers. The application should be filed within 30 days of the provisions amending the Regulation on a specification of liquid fuels entering into force – i.e. by October 8th, 2020.
What are the consequences of failure to fulfil the obligation?
Failure to file the application in due time is tantamount to running an activity without the required license or entry in the register of liquid fuel importers. Running an activity relating to liquid fuel production, storage or reloading, transmission or distribution, trade (including foreign trade) without the required license is subject to a fine of up to PLN 5,000,000 or imprisonment from 6 months to 5 years, while importing liquid fuels without the required entry in the register of liquid fuel importers is subject to a fine of up to PLN 2,500,000.
How can we help?
Since there is not much time left for the proper fulfilment of the new obligations, those running activities relating to the fuels covered by the changes should promptly apply to the President of the Energy Regulatory Office for issuing or changing a relevant license, or for obtaining or changing an entry in the register of liquid fuel importers.
Kochański & Partners has extensive experience in this area and offers comprehensive assistance in complying with these new regulations.
Contact us:
Milena Kazanowska-Kędzierska
Attorney at Law, Senior Associate
T: +48 539 908 918
E: m.kazanowska@kochanski.pl