Obligations of the Entrepreneur
Feb 6, 2020, 1:52 PM
Entrepreneurs conducting business activity in the field of fuel production or import of crude oil and fuels are obliged to:
- Submit an application – Word format entry in the system registry of intervention stocks (size: 103,67 kB) within a period not later than 14 days before the start of the activity (application form also available in the Downloads tab and on the e-PUAP platform),
- Create and maintain compulsory stocks in accordance with the provisions set out in the Act of 16 February 2007 on stocks of crude oil, petroleum products and natural gas, the principles of proceeding in circumstances of a threat to the fuel security of the State and disruption on the petroleum market,
- Submit monthly information*
within 20 days of the expiry of the last day of the month to which the information applies (forms available in Excel format in the Downloads tab), at the amount of:
- imports of crude oil and fuels and fuel production, as well as the structure of production and fuel imports,
- crude oil or fuel exported, as well as the structure of exported fuels,
- created and stored compulsory stocks of crude oil and fuels, their structure and storage areas.
- Submitting annual information*
Attachment No. 4 in PDF format – the amount of compulsory stocks of crude oil and fuels which the entrepreneur is required to create in a given calendar year by 1 March each year, the amount of stocks of oil or fuel which they are obliged to create in a given calendar year and the actual yield coefficients of the previous year (form also available in Excel format in the Downloads tab).
- Payment on the Agency Stocks Fund Account the stocks fee by the last day of the month following the month in which there was production or import of fuels - refers to the production and import effected as from 1 January 2015.
- Adaptation to 31 March of each calendar year, the amount of maintained compulsory stocks of crude oil or fuels to the level resulting from the calculation carried out in accordance with the provisions of the Act.
- Provide immediately, at any request of the President of the Material Reserves Agency, the information referred to in Article 38 of the Act.
- Submit draft agreements on the basis of Article 11 paragraph 1 and 4 of the Act and annexes to the agreements in order to obtain the consent of the President of the Agency for Material Reserves to its conclusion (ie. Ticket Agreements).
- Storage of data and documents constituting the basis for the development of information for a period of 5 years from the date of transfer of such information to the Agency.
- The request application for changing the entry in the register (the request as the entry) within 7 days from the date of change of data such as company name, the designation of legal form, tax identification number (NIP), excise number, if the producer or the trader has such a number, identification number in the national register of official entities of the national economy (REGON), social security number (PESEL) of the head of the activities of the producer or trader, or for people who do not have the PESEL number, number of another identity document (form also available in the Downloads tab and on the platform of e-PUAP).
- Provide information about the intention to terminate or suspend the business for at least 14 days before the scheduled date of suspension or termination of the activity of the business.
- Submission of the application – form in Word format for the removal from the register (size: 67,13 kB) (form also available in the Downloads tab and on the platform of e-PUAP) within 14 days from the date the situation, such as:
- permanent cessation of business activity in the manufacturing or processing or import of crude oil and fuels,
- revocation of the permit to operate a tax warehouse or a permit to acquire excise goods or expiry of such authorization, if before the expiry the entity has not obtained a new permit,
- revocation of the license to perform business activity in the manufacturing and marketing of fuels, or its expiry,
- entrepreneurs bankruptcy on the basis of a final court decision.
- The implementation of the commitments to the Ministry of Energy concerning, in particular:
- submit quarterly information – form in Word format (size: 44 kB) of the costs incurred to create and maintain compulsory stocks referred to in Article 22 section 2 of the Act (form also available in the Downloads tab),
- develop and update procedures in circumstances of a threat to the fuel security of the State referred to in Article 31 paragraph 1-5 of the Act,
- provide information about disruptions and failures referred to in Article 31 paragraph 6 of the Act.
* Information to the Agency shall be provided in one of the following forms:
- Written (delivery to the premises Aof MRA: eg. by post, courier or in person).
- Electronic document bearing a secure electronic signature verified by a qualified certificate. The requirements for this type of document will be fulfilled in the case of use of the Electronic Platform of Public Administration (ePUAP), an information system through which citizens (and entrepreneurs) can settle official matters via the Internet. This requires an account (register) on http://epuap.gov.pl website (manual on this subject is available on the above website).
The information transmitted through the platform ePUAP must bear the electronic signature certified by a qualified certificate or a certified "trusted profile" that can be applied for after creating the account in ePUAP platform.
At ePUAP tab: To-do list – Random events – National security – Intervention stocks of crude oil and fuels you can find available form to send information (monthly and annual), the equivalent of an electronic cover letter. While the information, due to technical limitations of ePUAP platform, will be sent as PDF attachments.
Each of the attachments must be signed with electronic signature, regardless of the signature added in ePUAP platform.
Thus, sending information only in the form of an ordinary e-mail or through ePUAP without the signature of a qualified or uncertified "trusted profile" will not be treated as a default by the entrepreneur from the obligation to send information on monthly or annual basis.
Last publication: Anna Grabińska, February 6, 2020 at 1:52 PM