Obligations of the Entrepreneur
Apr 28, 2020, 8:53 AM
Entrepreneurs conducting business activity in the field of fuel production or import of crude oil and fuels are obliged to:
- submission of the application - print in PDF format (size: 214.05 kB) entry in the register of intervention stocks system no later than 14 days before commencing this activity (the print is also available in the Download tab and on the e-PUAP platform);
- creation and maintenance of mandatory reserves in accordance with the provisions set out in the Act of 16 February 2007 on reserves of crude oil, petroleum products and natural gas, and rules of conduct in situations of a threat to national fuel security and disturbances in the oil market;
- Starting from the accounting period from January 2017, submitting declarations referred to in art. 22 of the Act of 16 February 2007 on stocks of crude oil, petroleum products and natural gas, and rules of conduct in situations of threat to national fuel security and disturbances on the oil market, which should be submitted to the President of ARM in accordance with the template attached to the regulation;
Regulation of the Minister of Energy of 17/05/2019 on a model declaration submitted by producers and traders to the President of the Material Reserves Agency (Journal of Laws of 2019, item 982) (size: 477.77 kB)
Model declaration for producers and traders (size: 413.82 kB)
The current model information on the amount of fuel production and imported and exported crude oil and fuels, and the amount of the backup fee due (Annex No. 1) can only be used to submit corrections of previously sent data for the period 2015-2016
- submitting annual information*
Attachment No.4 in PDF format – Information on the amount of mandatory reserves of crude oil and fuels, which the entrepreneur is required to create in a given calendar year (size: 139.99 kB) March 1 of each year, about the amount of crude oil or fuels reserves , which they are required to create in a given calendar year and the actual yield rates from the previous year (print also available in Excel format in the Download 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 30 June of each calendar year, the amount of maintained compulsory stocksof crude oil or fuels to the level resulting from the calculation carried out in accordance with the provisions of the Act- the obligation enters into force on 1 January 2020;
- providing by 30 June each calendar year to the President of the Agency information on the implemented and planned changes in the oil sector infrastructure, for the next 5 years, in the scope of:
- expansion or reduction of production capacity, excluding maintenance shutdowns,
- increase or decrease of storage capacity, specifying the capacity available as part of the storage service,
- increase or decrease in transmission capacity, excluding suspension during repairs;
The obligation comes into force on January 1, 2020 and also applies to entrepreneurs engaged in economic activities in the storage or transmission of crude oil or fuels;
- providing immediately, at any request of the President of the Material Reserves Agency, the information referred to in Article 38 of the Act;
- Submiting 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 documentsconstituting the basis for the development of information for a period of 5 years from the date of transfer of such information to the Agency;
- submitting the request application for a change the entry in the registerwithin 7 days from the date of the change of data such as: company name, legal form number, tax identification number, excise number, if the manufacturer or trader has such, PESEL number of the person managing the business of the manufacturer or trader, or for persons who do not have the same ID number, identification of the seat or address of the producer or trader, indication of the address of the manufacturer's or trader's main establishment, if different from the seat of the manufacturer or trader, designation of the subject of the business, number in the register of importing entities and the number of the concession granted by the President ERO in accordance with the provisions of the Act of 10 April 1997 – Energy Law;
- providing information on the intention to terminate or suspend the businessfor at least 14 days before the scheduled date of suspension or termination of the activity of the business;
- submitting the application– PDF format (size: 202.08 kB) for removal from the register (the print is also available in the Download tab and on the e-PUAP platform) within 14 days of the occurrence of such situations as:
- permanent cessation of business activities in the production or processing or import of crude oil or fuels,
- withdrawal of the permit to operate a tax warehouse or permit to purchase excise goods or expiry of such permit, if the entity did not obtain a new permit before its expiry,
- withdrawal of the concession to carry out economic activities in the field of fuel production and trade or its expiry,
- declaration of bankruptcy of an entrepreneur based on a final court decision.
* 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, April 28, 2020 at 8:53 AM