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Significant changes to the liquid fuels market in Poland

Poland
02/09/2016
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An important amendment to the Energy Law, the Act on Mandatory Stocks as well as a few other acts enters into force today. According to the authors of the amendment, the new legislation will improve the transparency of the liquid fuels market and reduce “grey area” trade. Apart from changes concerning the obligation to maintain mandatory stocks of natural gas, which we mentioned in our Law-now alert on 24 June 2016, the new regulation significantly amends the Energy Law regarding activity on the liquid fuels market. These amendments include:

  • introducing a comprehensive definition of liquid fuels,
  • establishing a new type of licence for reloading liquid fuels,
  • imposing a registration obligation on entities delivering liquid fuels to Poland (provided that such activity does not require a licence under the Energy Law),
  • introducing new conditions for obtaining a licence,
  • supplementing the list of circumstances under which a licence for the production of or foreign trade in liquid fuels may be revoked,
  • introducing an obligation on entities applying for a licence for production of or foreign trade in LPG to provide collateral in the amount of PLN 10 million (entities already holding a licence for production of or foreign trade in LPG are obliged to provide such collateral within 3 months of the day the amendment comes into force),
  • giving the President of the Energy Regulatory Authority the competence to inspect whether the requirements of conducting business activity with regard to liquid fuels have been fulfilled,
  • introducing penal liability for conducting activity related to the production, storage, reloading, trading, transmission or distribution of liquid fuels without the required licence or delivering liquid fuels to Poland without the required entry in the registry.

The amendment also imposes an obligation to apply for: new licences, amendments to existing licences or entries in the registry on entities that already conduct activity related to the production, storage, reloading, trading, transmission or distribution of liquid fuels or delivering liquid fuels to Poland.

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