Key Benefits:
ACT
of 2 July 2004
Provisions introducing a law on the freedom of establishment
Chapter 1
General provisions
Article 1. [ Entry into force of the Act on the freedom of economic activity] Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807), hereinafter referred to as the "Act on Freedom of Economic Activity", shall enter into force after 14 days from the date of notification of this Act, with the exception of:
1. 10 and art. 103-110, which shall enter into force on 1 January 2005;
2. Article 16, which shall enter into force on 1 January 2007;
3. Chapter 3, which shall enter into force on 1 July 2011.
Chapter 2
Amendments to the provisions in force
Article 2. [ Code of Offences] In the Act of 20 May 1971 -Code of Offences (Dz. U. Nr 12, pos. 114, z Late. 1. 1) ) the following amendments shall be made:
1) in art. 60 1 :
(a) Paragraph 1 shall be replaced by
" § 1. A person who carries out an economic activity without a required declaration in the register of business activity, an entry in a register of regulated activities or without a required licence or authorisation shall be punished by a restriction of liberty or a fine. ',
(b) Paragraph 3 shall be replaced by
" § 3. Who, in carrying out an economic activity, does not mean the place of establishment and the place where the activity is carried out or in carrying out a manufacturing activity places on the market goods without the required markings, shall be punished by restriction of liberty
(c) the following paragraph 7 is added:
" § 7. Who in the field of business activity does not exercise the obligation of written indication of the person authorized to represent in the course of the control, shall be punished by the fine of not less than 1000 zł. ";
2. in Art. 138a § 1 is replaced by the following:
" § 1. Who, when concluding an agreement outside the premises of the company, does not prove to the consumer of the document confirming the pursuit of the business activity and the identity document, shall be punished by the fine. '
Article 3. [ The Act on the State Labour Inspectorate] In the Act of 6 March 1981. o The State Labour Inspectorate (Dz. U. of 2001. No 124, pos. 1362, with late. 1. 2) ) in Article 8 is amended as follows:
(1) (1) 3.
" 3. The audit shall be carried out on presentation of a service card, subject to paragraph. 3 1 . ";
2) after the mouth. 3 The paragraph shall be added. 3 1 -3 4 in the following:
' 3 1 . Scrutiny of the entrepreneur within the meaning of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) shall be carried out on presentation of the official identity card and the authority to carry out the checks.
3 2 . If the factual circumstances justify the immediate control of the entrepreneur, the check may be made upon presentation of a service card. It shall be without delay, but not later than three days after the date of the inspection, to be authorised to carry out checks.
3 3 The authority to carry out the checks shall issue: the Chief Labour Inspector and his deputy and the district labour inspectorate and their deputy.
3 4 The authorisation to carry out the checks should contain the following data:
1) an indication of the legal basis for carrying out checks
2) the designation of the control authority,
(3) the name, business position of the person empowered to carry out the checks and the number of its official identity card,
4. determination of the scope of the control concerned,
(5) the designation of the undertaking under control,
6) indication of the start date and the expected date of completion of the inspection,
(7) the signature of the person granting the authorisation, stating his position or function,
8) lectures on the rights and obligations of the controlled entrepreneur,
(9) the date and place of issue of the authorisation. '
Article 4. [ The Act on Rules of Conduct on the territory of the PRL of Business] In the Act of 6 July 1982 with the rules of conducting on the territory of the Polish People's Republic of Poland in the field of small manufacturing by foreign legal and physical persons (Dz. U. 1989 r. Nr 27, pos. U8, with late. 1. 3) ) art. 14 is replaced by the following
" Art. 14. The authorisation shall be granted for a period of up to 20 years and, in cases justified by the amortisation period, of the investment to forty years. After the expiry of the authorisation, no new authorisation may be granted. '
Article 5. [ The Act on National Archives and Archives] In the Act of 14 July 1983 about the national archival resource and archives (Dz. U. of 2002. No. 171, item. 1396 i No 241, pos. 2074 and 2003 No. 137, item. 1302) is amended as follows:
1) in art. 21 in the mouth. 1:
(a) point 7 is deleted;
(b) point 8 shall be replaced by
"8. record keeping records of personal and wage records.";
2. Chapter 4a is replaced by the following:
' Chapter 4a
Economic activity in the storage of personal and wage documentation of employers with temporary storage
Article 51a. 1. The economic activity concerning the storage of personal and wage records of employers with temporary storage, hereinafter referred to as "documentation", is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807), performed by the entrepreneur, and requires obtaining an entry in the register of traitors of personal and pay files, hereinafter referred to as "the register".
2. The activities referred to in paragraph 2. 1, may also be performed by:
1) State archives;
2) The Association of Polish Archivists.
3. An entrepreneur may carry out the activities referred to in the mouth. 1, only in the form of a capital company, the share capital of which is not lower than that referred to in art. 154 § 1 or art. 308 § 1 of the Commercial Companies Code.
Art. 51b. The competent authority of the register shall be the competent authority in respect of the place where the activity covered by the entry is performed. The register may be kept in an IT system.
Art. 51c. 1. The entry in the register shall be made on the basis of a written request of the trader containing the following data:
1) the company of the entrepreneur and its registered office and address or address of residence;
2) the number in the Register of Entrepreneurs;
(3) the tax identification number (NIP), if the trader has such a number;
4) the names of persons entitled to represent the entrepreneur;
5) the definition of the scope of activities to be covered by the entry;
6) determination of the place or places in which the activity covered by the alert will be carried out and the date of its commencence;
7) statement that the entrepreneur on the day of submission of the application:
(a) there is no tax arrears,
(b) there is no arrears in respect of commitments to the Social Insurance Institution,
(c) does not appear in the Register of Debtors of the Insolvent National Court Register.
2. Together with the application referred to in paragraph. 1, the entrepreneur shall make a declaration of the following contents:
" I declare that:
1) the data contained in the application for entry to the register of the payers of the personal and pay files shall be complete and truthful;
2) I am known to me and meet the conditions for the pursuit of business activities in the area of storing personal documentation and the wage of employers with temporary storage period, set out in Chapter 4a of the Act of 14 July 1983. about the national archival resource and the archives. ".
3. The statement shall also include:
1) the company of the entrepreneur and its registered office and address or address of residence;
2) the designation of the place and the date of the declaration;
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
Art. 51d. 1. The conditions for the exercise of the activities referred to in Article 51a (a) 1, are:
1) having an entrepreneur appropriate to the size of the planned activity of the organizational and technical base, providing appropriate conditions for the storage and making available of the documentation;
2) the entrepreneur's possession of the rules of service, which will be provided within the activity covered by the inscription;
3) hiring an entrepreneur to carry out tasks related to the maintenance of documentation of a person with specialized education and professional practice.
2. The composition of the board of the entrepreneur shall not enter persons who have been punished for offences against the reliability of documents or property.
Art. 51e. The entry in the register shall be subject to the data referred to in Article 51c (1) 1 points 1 to 6, with the exception of the address of residence, if it is different from the address of the place of establishment, and information on the establishment of the entrepreneur in the liquidation state or the announcement of its bankruptcy.
Article 51f. 1. An operator entered in the register shall be issued a certificate of entry containing the following particulars:
1) the company of the entrepreneur and its registered office and address;
2) the scope of the business activity covered by the entry;
(3) the place of business of the business covered by the alert;
4) the date of commencing business activity.
2. The entrepreneur is obliged to report to the voyeurst immediately any changes to the data referred to in art. 51c (1) 1 points 1 to 6, as well as information on the entrepreneur's attitude to the state of liquidation or the announcement of its bankruptcy.
Art. 51g. 1. The registration of the entrepreneur in the register shall be notified to the Chief Executive of the State Archives within one month from the date on which the alert is issued, giving the particulars referred to in paragraph 1. 4 points 1 to 4.
2. On the basis of information obtained from the voters and entrepreneurs, the Chief Executive of the State Archives shall keep records of the conservatives of personal and wage files, hereinafter referred to as "the records".
3. The residence is overt.
4. The records shall be entered:
1) the company of the entrepreneur and its registered office and address;
2) the scope and place (s) of the activities;
3) information about the deletion of the entry from the register and the suspension or termination of the performance of the activity covered by the entry;
4) information on the entrepreneur's attitude to the state of liquidation or the announcement of its bankruptcy;
5) the designation of the wojewater, who made the entry in the register;
6) the information referred to in paragraph. 6.
5. The Wojewoda shall notify the Chief Executive of the State Archives of a change of the data mentioned in the paragraph. 4 points 1 to 4 within one month from the day on which the news is taken.
6. The entrepreneur shall transfer to the Head Office of the Social Insurance Institution and the Chief Executive of the State Archives the list of employers whose documentation the entrepreneur has taken over in a given calendar month, and the period from which this documentation comes, by the end of the following calendar month.
Art. 51h. Wojewoda shall draw from the office, by decision, entry in the register in the case of:
1) the adoption of the decision referred to in Article 71 (1) 1 of the Act of 2 July 2004. the freedom of economic activity;
2) the issuance of a final decision prohibiting an entrepreneur from performing an activity covered by the entry;
(3) where liquidation or bankruptcy proceedings involving the liquidation of the bankrupt property have been completed with the trader.
Art. 51i. Rights deriving from the entry in the register:
1. they are non-transferable;
(2) a company being acquired or any of the merging companies, or a company which is subject to division, does not pass on to the acquiring company or the newly-tied company.
Art. 51j. 1. The audit of economic activity in the area covered by the entry in the register shall be carried out in the water.
2. To carry out checks on the activities of an entrepreneur entered in the register of water may authorize another state body or a state organization unit specialized in the control of a given type of activity, concluding with such body or the unit of agreement defining the rules for carrying out checks, including the rules for its financing.
3. The first control of the entrepreneur entered in the register shall be carried out no later than the end of the year from the date of the entry.
Art. 51k. 1. An undertaking shall carry out its activities on the basis of the Rules of Procedure, specifying in particular:
1) the scope of the services provided;
2) the rules for the receipt of documentation for storage, records and storage;
3) the general rules for the protection of documentation against unauthorised persons;
4) the place of supply of services and the deadlines for their performance;
5) the mode of taking of the interest;
6) the manner and deadlines for making documentation available;
7) the amount of fees charged for the services;
8) procedures concerning the lack of documentation and destruction of documentation.
2. The Rules of Procedure referred to in paragraph 1. 1, the entrepreneur makes available in the premises where the interests are accepted.
Art. 51l. The provisions of the Civil Code concerning storage, excluding Article, shall apply to the performance of the activity covered by the entry in the register. 844 § 2.
Art. 51m. 1. If, in connection with the economic activities included in the register, the activities of collecting, recording, drawing up and securing the documentation are carried out, and on the issue of copies and copies thereof, the trader is obliged to do so hiring a person with specific training and professional practice for these activities.
2. The Minister for Culture and the Protection of National Heritage shall determine, by means of a regulation, the types of education deemed to be specific within the meaning of the paragraph. 1 and documents proving the possession of a professional practice, taking into account in particular the suitability of particular types of education for the activities performed, as well as the way of documenting the possession of professional practice, including types documents.
Art. 51n. 1. The documentation shall be kept under conditions which provide adequate protection against destruction and theft.
2. The Minister for Culture and the Protection of National Heritage shall determine, by means of a regulation, the conditions under which the documentation may be stored, taking into account in particular its protection against moisture, temperature changes and harmful effects of light.
Art. 51o. 1. The Minister for Culture and the Protection of National Heritage shall determine, by means of a regulation, the maximum amount of the fees charged by the entities referred to in Article 4. 51a (a) 1 and 2, for the drawing up of a copy or a copy of the stored documentation, taking into account the costs incurred by those entities relating to the storage of the records and the drawing up of copies or copies, and in particular the costs of:
1) search for documents;
2) preparation of documents for the preparation of the copy or copy;
3) the drawing up of the copy or copy;
4) ensure appropriate conditions for storing the documentation.
2. The provisions issued on the basis of the authorization contained in the paragraph. 1 shall also apply to entities other than those referred to in Article 3. 51a (a) 1 and 2 storing the documentation.
Art. 51p. 1. In the event of an entrepreneur being put into liquidation or announcing his bankruptcy, respectively, the liquidator or the receiver of the bankruptcy shall indicate the conservator to whom the documentation will be transferred for further storage, providing for that purpose financial resources for the period remaining until the termination of the contracts for the storage of this documentation concluded by the trader. In the absence of such an indication, the court shall designate a registration court, after the liquidator or liquidator has provided the bankruptcy mass of the financial resources referred to in the preceding sentence.
2. The conservator referred to in paragraph. 1, should obtain an entry in the register before taking over the documentation.
3. In the case of a determination by the registration court, at the request of the liquidator or the receiver of the bankruptcy mass, the impossibility of providing funds for the costs of further storage, the documentation takes over the entity supervising the organization unit to which the documentation was owned and, in the absence of such an entity, the state archives competent locally or indicated by the Chief Executive of the State Archives. Before issuing the order, the court shall consult the head of the tax office of the competent local authority for the establishment of the trader of his assets.
4. The provisions of the paragraph. 1-3 shall apply mutatis mutandis if a trader is removed from the register before the expiry of the period of storage of the dossier.
5. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis if, before the expiry of the period of retention of the trader's records, the trader ceases to carry out the activity covered by the entry in the register.
6. In the event of a declaration of bankruptcy of the entrepreneur, the measures referred to in para. 1, they constitute a public tribute within the meaning of art. 342 (s) 1 point 2 of the Act of 28 February 2003. -Bankruptcy and remedial law (Dz. U. Nr 60, poz. 535, of late. 1. 4) ).
7. The financial resources to cover the cost of storing the documentation constitute the nationality of the state archive, which has taken over the documentation in the mode specified in the paragraph. (3) The provisions of the Act of 29 August 1997 apply to these measures. -Tax Ordinance (Dz. U. Nr. 137, pos. 926, with late. 1. 5) ) and the provisions of the Act of 17 June 1966. on enforcement proceedings in the administration (Dz. U. of 2002. No. 110, item. 968, of late. 1. 6) ). If the execution of the cost of storing documentation taken over by the state archives proves to be ineffective, then these costs are covered by the budget of the Supreme Directorate of State Archives.
Art 51r. In the cases referred to in art. 51 p ust. 1 and 3-5, together with the documentation, the remaining documentation of the temporary storage period is transferred.
Art. 51s. Documentation to be provided for further storage in accordance with the procedure laid down in Article 51 p ust. 1 or 3-5 should be before the transfer ordered in accordance with the provisions issued on the basis of art. 5 par. 2.
Art. 51t. The provisions of the Law of 2 July 2004 shall apply in matters not governed by this Chapter. about the freedom of economic activity. ".
Article 6. [ The Act on the Consuls of the Republic of Poland] In the Act of 13 February 1984 about the consuls functions of the Republic of Poland (Dz. U. of 2002. No. 215, pos. 1823) in art. Paragraph 4 shall be repealed.
Article 7. [ Act on public roads] In the Act of 21 March 1985. o public roads (Dz. U. 2000 r. Nr 71, pos. 838, with late. 1. 7) ) the following amendments shall be made:
1) in art. 18 in the mouth. 2 in point 7:
(a) the point is deleted. e.
(b) lithium. g is replaced by the following
"(g) control of the construction and operation of the motorway in respect of compliance with the conditions of the contract for the construction and operation or the operation of the motorway only,";
2. in Art. 19 (1) 3.
" 3. The General Director of National Roads and Motorways shall be the manager of a motorway built on the basis specified in the Act until the transfer, by agreement, to the company with which the construction and operation contract has been concluded, or only the operation of the operation Motorway. The company shall act as manager of the toll motorway under the conditions laid down in the construction and operation contract or exclusively the operation of the motorway, with the exception of the tasks referred to in Article 4. 20 points 1, 8 and 17, which shall be done by the General Director of National Roads and Motorways. '
Article 8. [ Right of notariate] In the Act of 14 February 1991. -Law on notariate (Dz. U. of 2002. Nr 42, pos. 369, with late. 1. 8) ) Art is repealed. 24a.
Article 9. [ Law on the Education System] In the Act of 7 September 1991. o system of education (Dz. U. of 1996. Nr 67, pos. 329, z późn. 1. 9) ) art. 83a is replaced by the following:
" Art. 83a. 1. Conduct of the school or establishment and the team referred to in art. 90a ust. 1, is not an economic activity.
2. An educational activity not involving the running of a school, a facility or a team referred to in art. 90a ust. 1, may be taken in accordance with the rules laid down in the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807). '
Article 10. [ Treasury Control Act] In the Act of 28 September 1991. about the treasury control (Dz. U. of 2004 No. 8, pos. 65, Nr 64, poz. 594, Nr 91, poz. 868 i Nr 171, pos. 1800. the following amendments shall be made as follows:
1) in art. 2 in the mouth. Point 16 shall be replaced by the following:
"16. examination of the observance by residents and non-residents of the restrictions and obligations laid down in the provisions of the foreign exchange law and the conditions granted on their basis of the foreign exchange permits, as well as the conditions for the performance of the canton's activities;";
2. in Art. 3a (3) 5.
" 5. As regards the activities referred to in paragraph 1. 1, the provisions of Chapter 3 of this Act shall not apply, except for Art. 13b and art. 31, and the provisions of Chapter VI of the Act of 29 August 1997. -Tax Ordinance (Dz. U. Nr. 137, pos. 926, with late. 1. 10) ), with the exception of art. 285a-287 and art. 289. ';
3) in art. 8 ust. 1a is replaced by:
' 1a. The exclusion of the tax inspection body shall take place on the grounds specified in the Article. 130 § 1 points 1-5, 7 and 8 of the Act of 29 August 1997. -Tax Ordinance. ';
4) in art. 12 (1) 1 is replaced by the following
" 1. Treasury control, subject to Art. 13 (1) 9, shall be carried out in accordance with the control plan. ';
5) art. 13 is replaced by the following
" Art. 13. 1. The initiation of a review procedure shall be made solely by the Authority in the form of a
2. The date of initiation of the control procedure shall be the day of service of the controlled order of initiation of the control procedure, subject to paragraph. 9.
3. The tax inspection body may, in the course of the conduct of the control procedure, carry out a tax check, subject to the paragraph. 9.
4. The tax control shall be carried out on the basis of the imitated authorisation granted by the tax inspection body.
5. The effect of the tax control shall be effected by service of the controlled authorisation to carry it out.
6. The authorization to carry out the tax audit shall be issued by the Director of the Office of Treasury Control or the General Tax Inspectorate, and shall specify:
1) an indication of the legal basis;
2. designation of the control authority;
(3) the date and place of issue;
4) the name and surname of the inspector, the names of the employees, carrying out the control activities, and the persons referred to in paragraph. 8 if such persons will be involved in control activities;
5) the number of the official ID card of the inspector and authorized employees;
(6) the controlled designation;
7) an indication of the date of commencation of the inspection and the expected date of completion
8. the scope of the checks;
(9) the signature of the person granting the authorisation, stating his position or function;
10) lecture on the rights and obligations of the controlled.
7. The control activities shall be carried out by the inspector together with the authorized staff, upon presentation of the official identity cards and identification marks.
8. In control activities may participate persons entitled on the basis of ratified by the Republic of Poland international agreements, and in the case of carrying out the control of the funds transferred to the Republic of Poland by the institutions of the Union European Union-representatives of the bodies of the European Union
9. If the factual circumstances justify the immediate taking of control, the tax control may be initiated, upon presentation to the controlled or the persons referred to in Article 284 § 2 or to the person indicated in the art mode. 281 and the Act of 29 August 1997. -Tax ordination of official identity cards and identification marks. The control shall be effected without delay, but not later than three days after the date of the initiation of the review, with the order to initiate the review procedure and the authorisation to carry out the tax check.
10. In the case referred to in paragraph. 9, the Article shall apply mutatis mutandis. 284a § 3-6 of the Act of 29 August 1997. -Tax Ordinance. ';
6) art. 13a is replaced by the following:
" Art. 13a. Audit proceedings in the cases referred to in Article 2. 1 points (1) to (3), in relation to the entity to which it is based on an Article 5 par. 9c of the Act of 21 June 1996. about the offices and tax chambers has changed the properties of the treasury of the tax office on the right only within the scope of certain categories of taxpayers, hereby initiates only the General Tax Inspectorate:
1) on the basis of a written request relevant to that entity of the treasury of the tax office or
2) in connection with the existence of a reasonable suspicion of committing a criminal offence or a treasury crime, if the competent to conduct an investigation is a treasury audit inspector, or
3) in the case of a documented assumption of the occurrence between the controlled and its counterparties of the affiliations or relationships referred to in the tax law within the meaning of art. 3 point 2 of the Act of 29 August 1997. -Tax Ordinance. ';
7) after art. 13a is inserted. 13b as follows:
" Art. 13b. 1. The inspector may, in relation to the control proceedings conducted in a controlled manner, require the counterparties to carry out the economic activities of the presentation of the documents, to the extent that they are subject to control by the taxable person, in order to check them. correctness and reliability. A protocol shall be drawn up from those operations.
2. If the place of residence, the seat or the place of execution of the activities of the controlled counterparty are located outside the territory of the tax control body, the activities referred to in the paragraph shall be 1, at the request of that authority, may also carry out an inspector mandated by the IRS competent local authority. ';
8) in art. 14a par. 2.
" 2. In proceedings in the field referred to in art. 2. 1 point 14, no Article shall apply. 13 (1) 9 and 10, art. 13b, art. 27 ust. 1 point 7 and art. 284 § 2 of the Act of 29 August 1997. -Tax Ordinance. ';
9) in art. 14b par. 2.
" 2. In proceedings in the field referred to in art. 2. 1 point 15, the Article shall not apply. 12, art. 13 (1) 8-10, art. 13b and art. 24 ust. 2. ';
10) art. 24 is replaced by the following
" Art. 24. 1. The tax inspection authority shall complete the audit procedure:
1) a decision within the meaning of the Act of 29 August 1997. -Tax law, where the arrangements relate to:
(a) taxes, the determination of which is to be the property of the chief treasury, and excise duty,
(b) charges and non-tax payments of the State budget, the determination or determination of which is to be the property of the treasury of the tax offices, subject to point 2 (a);
2. the result of the checks, where the findings relate to irregularities:
(a) to the extent referred to in Article 2. 1 point 4,
(b) other than those referred to in point 1, in particular in the case of a declaration of material status, where the irregularity has not been found or where the findings relate to customs duties;
(3) by order of the tax liability in the course of the course of the review proceedings, the tax liability was not expired.
2. Prior to the release of the decision or the outcome of the audit, the tax inspection body shall designate the party 7-day period for notice on the collected evidence. ';
11) art. 24a is replaced by the following:
" Art. 24a. In the case referred to in art. 9a ust. 8 or Article 13a, the control procedure shall carry out and issue the result of the check, the decision or the order of the Director of the tax inspection office in which the authorised inspector or staff member is employed. ';
12) in art. 31:
(a) paragraphs 1a is replaced by:
' 1a. In proceedings in the field referred to in art. 2. Point 15 shall not apply to the provisions of Article 1. 121 § 2, art. 133-142, art. 145 § 2 and 3, art. 146 and 147, art. 199, art. 284b-285a, art. 286 § 2, art. 286a, art. 288, art. 291 § 1 and 2 and art. 292 of the Act of 29 August 1997. -Tax Ordinance. ',
(b) paragraphs 2.
" 2. The terms used in the Act shall mean:
1) the tax inspection body-the tax authority;
2. a treasury audit inspector or a person carrying out the control activities referred to in Article 38 par. 3-controlling;
3) control proceedings-tax proceedings, referred to in Chapter IV of the Act of 29 August 1997. -Tax Ordinance;
4) tax control-control, referred to in Chapter VI of the Act of 29 August 1997. -Tax Ordinance. ';
13) in art. 34 in the mouth. Paragraph 2 is replaced by the following:
" (2) the persons referred to in Article 4. 13 (1) 8, '.
Article 11. [ The Radio and Television Act] In the Act of 29 December 1992 o Broadcasting and television broadcasting (Dz. U. of 2001. No. 101, pos. 1114, of late. 1. 11) ) the following amendments shall be made:
1) in art. 4:
(a) point 1b shall be replaced by
" (1b) a foreign person shall be a foreign person within the meaning of the Article. 5 point 2 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807), ',
(b) point 14 shall be replaced by
" 14) the entrepreneur is an entrepreneur within the meaning of the Act of 2 July 2004. the freedom of economic activity. ';
2. in Art. 34:
(a) paragraphs 1 is replaced by the following
" 1. The President of the National Council in consultation with the President of the Office of Telecommunications and Post Regulators announces in the Official Journal of the Republic of Poland "Monitor Polski" information on the possibilities of obtaining a concession for the dissemination of the program radio or television and shall fix a time limit, which shall not be less than 45 days from the date of the notice, for the submission of applications for concession. ',
(b) after paragraph. 1 The paragraph shall be added. 1a-1c as follows:
' 1a. In the notice referred to in paragraph 1. 1, specifies:
1) the subject of the proceedings,
2. the programming conditions for the dissemination of the programme, including in particular the type and nature of the programme,
(3) the technical conditions for the dissemination of the programme, in particular the frequency or the channel and the power and location of broadcasting stations intended for the dissemination of the programme,
4) the number of concessions,
5) the length of time for which the concession may be granted,
6) deadline and place of submission of applications.
1b. President of the National Council, within not more than 14 days from the date of the notice referred to in paragraph. 1, shall include in at least two printed journals with national coverage information on this notice.
1c. Only applications for concession award in connection with the notice referred to in paragraph 1 shall be examined. 1. ';
3) in art. 36 ust. 3.
" 3. The concession may be granted for a period of not less than 5 years and for a period of:
1) not longer than 10 years-in the case of dissemination of the television programme,
2) not longer than 7 years-in the case of the dissemination of the radio programme. ";
4. Article 38 is replaced by:
" Art. 38. 1. The concession shall be withdrawn if:
1) a final judgment has been issued which prohibits the broadcaster from carrying out the economic activities covered by the concession,
2) the broadcaster grossly violates the conditions set out in the Act or in the concession,
(3) the activity covered by the concession is executed in a manner contrary to the law or with the terms of the concession, and the consignor, despite the summons of the President of the National Council, has not removed the factual or legal unlawfully removed within the prescribed period the conditions set out in the concession or in the law,
4) the broadcaster, despite the call of the President of the National Council, did not start the dissemination of the programme within the time limit set in the concession or permanently ceased the execution of the distribution of the program by all or some of the broadcasting stations-unless that the broadcaster shows that the delay in starting the dissemination of the programme or the cessation of the dissemination of the programme has been caused by the circumstances which have been independent of it. The non-dissemination of the programme shall be considered as a permanent cessation of the programme for a period of three consecutive months.
2. The concession may be withdrawn if:
1) the dissemination of the program creates a threat of the interests of national culture, security and defence of the state or violates the standards of good customs,
(2) the declaration of bankruptcy of the consignor,
(3) the dissemination of the programme will result in the broadcaster having a dominant position in the field of mass media on the relevant market within the meaning of the rules on competition and consumer protection,
4) will take over direct or indirect control over the activities of the sender by another person.
3. The President of the National Council shall make public the information on the opening of the proceedings for the withdrawal of the concession.
4. In the event of a decision on the withdrawal of the concession, the President of the National Council shall immediately announce the possibility of obtaining a concession in respect of the withdrawn concession. ';
5) after art. 38 the following is added. 38a as follows:
" Art. 38a. 1. The rights deriving from the concession shall be non-transferable, subject to paragraph 1. 3-5.
2. The powers referred to in paragraph 2. 1, do not pass to the purchaser of the bankrupt company.
3. In the case of merger, division or any other transformation of commercial companies, the powers referred to in paragraph. 1, they may go to another entity with the consent of the National Council expressed in the form of a resolution. Consent shall be refused when:
(1) the broadcaster reaches the dominant position in the media on the relevant market within the meaning of the rules on competition and consumer protection,
2) will take over direct or indirect control over the activities of the sender by another person.
4. On the basis of a resolution of the National Council, the President of the National Council shall issue a decision on the expression of consent or refusal referred to in the paragraph. 3.
5. The provisions of the Act of 16 July 2004 apply to the allowances resulting from the frequency reservation. -Telecommunications law (Dz. U. Nr. 171, pos. 1800). ';
6) after art. 40a is inserted. 40b as follows:
" Art. 40b. The provisions of the Law of 2 July 2004 shall apply in matters not governed by this Chapter. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807). ';
7) art. 41 is replaced by the following
" Art. 41. 1. The cable distribution program needs to be reported to the registry.
2. Paragraph Recipe 1 does not apply to national public broadcasting programmes and other national broadcasters available on the territory covered by the reception facilities by means of universal reception.
3. The head of the register shall be the President of the National Council.
4. The provisions of the Code of Administrative Procedure shall apply to the proceedings in matters of registration, unless the Act states otherwise.
5. The register shall be overt. ";
8) in art. 44:
(a) paragraphs 1 and 2 are replaced by the following:
" 1. The registration authority shall enter the entry into the register on the basis of the notification.
2. The operator of the cable network shall notify the program to the register no later than 2 months before the commencement of its distribution. ",
(b) in paragraph. 3. point 4 is deleted.
(c) after paragraph. 3 The paragraph shall be added. 3a and 3b, as follows:
' 3a. The operator of the cable network shall be attached to the notification:
1) a copy of the permit for the use of broadcasting equipment and telecommunication networks necessary for the distribution of the program,
(2) documents indicating that the distribution of the programme will not affect the rights of the broadcaster,
3) documents indicating that the programme is distributed to the general reception, and in the case of a program transferred by the broadcaster to the operator-contract with the programme broadcaster,
4) a statement on the order of entry into the network of the programmes available on the territory covered by the distribution by means of reception facilities of the general public, the distribution of which is not subject to notification.
3b. The entry in the register shall contain the data referred to in paragraph 1. 3, with the exception of the address of residence if it is different from the address of the place of establishment. '.
(d) paragraph 5.
" 5. The operator of the cable network shall be obliged to notify the registration to the registration authority within 14 days, of the change of the factual and legal status covered by the entry in the register, arising after the date of the entry of the program to the register. The provisions on the entry of the programme in the register shall apply mutatis mutandis to the notification of amendments. ';
9. Article 45 is replaced by the following
" Art. 45. 1. The registration authority shall refuse entry in the register of the programme if:
1) the applicant does not have the power to use radio equipment and telecommunication networks,
2. in the programme, in the last 12 months, at least twice the content of the infringement of the provisions of Article 3 (1) of the EC-law shall be published. 18.
2. The registration authority shall prohibit the operator of the cable network from the distribution of programmes or a specific programme, if:
1) in the distributed program, in the last 12 months, at least twice the content of incitement to hatred on the grounds of race, sex, nationality or religion or violating the provisions of art has been posted. 18 (1) 4 and 5,
2) the operator shall make changes to the programme, disseminate it not in whole or inequipently,
3) the operator does not comply with the statutory order in which the programs are entered into the cable network.
(3) The refused entry of the programme to the register and the issue of the prohibition of the distribution of the programme shall take place by means of an administrative decision to which the provision of art is applicable. 33 (1) 3.
4. In the case of the prohibition referred to in paragraph 1. 2, the President of the National Council of the Council shall make an entry of the programmes or programme from the register.
5. The entry in the register shall be removed from the office in the event of loss by the cable network operator of the use of broadcasting equipment and telecommunication networks used for the distribution of the programmes. ';
10) art. 46 is replaced by the following
" Art. 46. The national Council shall determine, by means of a regulation, the detailed manner and mode of operation of the register of programmes in the cable networks, including:
1) the model of the register.
2) model declaration for entry in the register
-having regard to the possibility of registering and submitting applications to it in the ICT system, the need to ensure the transparency and completeness of the recording of the information contained in the register and the efficiency of the registration procedure, as well as the non-burdening of cable operators with obstacles to their activities. ';
11) in art. 52 par. 2.
" 2. Who distributed a radio or television programme without an entry in the register
-shall be subject to a fine, punishable by restriction of liberty or imprisonment by the year. '.
Article 12. [ Geological and Mining Law] In the Act of 4 February 1994. -Geological and Mining Law (Dz. U. Nr 27, pos. 96, of late. 1. 12) ) in Article 15 is amended as follows:
(1) (1) 2.
" 2. The provisions of the Act of 2 July 2004 shall apply in cases not covered by this Act to the concessionality. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807). ';
2. the paragraph shall be deleted. 3.
Article 13. [ The Act on the Statutory Auditors and their Self-government] In the Act of 13 October 1994 about the experts of the auditors and their self-government (Dz. U. of 2001. Nr 31, pos. 359, of late. 1. 13) ) in Article Paragraph 3 shall be repealed. 2.
Article 14. [ The Act on toll motorways and on the National Road Fund] In the Act of 27 October 1994 on toll motorways and on the National Road Fund (Dz. U. of 2001. No. 110, item. 1192, with late. 1. 14) ) the following amendments shall be made:
1) in art. 1 (1) 1 is replaced by the following
" 1. The Act sets out the conditions for the preparation of construction, the financing of construction, the procedure for conducting the tendering procedure for the construction and operation of, or only the operation of motorways of the toll, hereinafter referred to as 'motorways', the rules for concluding construction contracts and the operation of, or exclusively, the operation of motorways, and the competent authorities in these matters. ';
2. in Art. 18 (4) shall be repealed;
3. Article 37a and 37b are replaced by the following:
" Art. 37a. 1.The toll of the motorway shall be charged, subject to the paragraph. 3.
2. The motorway tolls shall be charged by the company which has entered into an agreement for the construction and operation of the motorway or exclusively the operation of the motorway, hereinafter referred to as the "company", as defined by the Act.
3. The General Director of National Roads and Motorways may charge tolls for the motorway during the period not covered by the agreement referred to in paragraph. 2, subject to the adjustment of the motorway for the collection of these charges.
Article 37b. 1. Tolling charges levied by the company shall be the revenue, subject to the paragraph. 2 and 3.
2. In the case where the tolls are the revenue of the company, the contract for the construction and operation or only the operation of the motorway will determine the conditions and scope of the distribution of the profit between the company and the Fund.
3. In the case of financing the construction of the motorway by means of the revenue bonds issued by the company, part of the toll revenue of the motorway as defined in the contract for the construction and operation of the motorway or only the operation of the motorway constitutes an income companies intended exclusively to cover liabilities to debentures for these bonds. ';
4) in art. 37d par. 1 is replaced by the following
" 1. The toll rates for motorway tolls referred to in art. 37a par. 2, shall establish a contract for the construction and operation of, or exclusively, the operation of the motorway, taking into account the provisions of the paragraph. 2. ';
5) art. 38 is replaced by:
" Art. 38. 1. Construction of motorways, subject to the paragraph. 2, finance itself:
1) from own resources of companies and bank loans obtained by them, as well as from the funds derived from the issue of bonds, including the income bonds,
2) from the appropriations from the State budget fixed annually in the Budget Act.
3. from the Fund's resources,
4) from other sources.
2. Where the conclusion of a contract is envisaged exclusively for the operation of the motorway or its section, the construction of that motorway or its section shall be financed under the rules for financing and construction of public roads specified in separate regulations and from the Fund's resources.
3. The Company may be granted by the Treasury the guarantees and sureties in accordance with the provisions of the Act of 8 May 1997. on the guarantees and guarantees provided by the State Treasury and certain legal persons (Dz. U. 2003 r. No. 174, item. 1689 and 2004 #123, pos. 1291 and No. 145, pos. 1537). ';
6) in art. 39b:
(a) point 6 shall be replaced by
"(6) payments made by companies in accordance with the terms of the contract for the construction and operation of, or exclusively, the operation of the motorway, including those provided for by the General Director of National Roads and Motorways,",
(b) point 9 shall be replaced by
" 9) the proceeds of the fees for the specifications of the prequalification conditions referred to in art. 42 par. 2 (2), and the fees for information on the terms of the tendering procedure referred to in Article 2 (2) of the 48 (1) 2, ';
7) in art. 39f in the mouth. Point 2 shall be replaced by the following:
" (2) payments to companies for the implementation of their obligations under contract for the construction and operation of, or exclusively, the operation of the motorway, including in particular:
(a) reimbursement of the costs incurred in maintaining the uninterrupted availability of the motorway, its maintenance and the exercise of the motorway,
(b) variable amounts subject to compliance by the company with the requirements set out in the construction and operation contract or exclusively the operation of the motorway,
(c) aid granted to companies to cover all or part of the shortfall in current revenues for the operation of the motorway, in order to ensure the liquidity of the expenditure related to the day-to-day operation and repayment of loans or loans or bonds issued in the the connection to the construction of the motorway. ';
8) in art. 39g in the mouth. Points 3 and 4 shall be replaced by the following:
" 3) a list of the road investment projects envisaged for the implementation by the companies or the General Director of the National Roads and Motorways,
4. the total amount of the expected payments for the events referred to in the construction and operation contracts or exclusively the operation of the motorway, for which the liability of the State Treasury shall be accepted by the compensation. ';
9. Article 39i is replaced by the following:
" Art. 39i. Conditions for funding from the Fund, as determined by the Programme with regard to:
1) projects intended to be implemented by the companies-are specified in the contracts for the construction and operation of, or exclusively, the operation of the motorway,
2) the projects envisaged for the implementation by the General Director of the National Roads and Motorways-are specified in the contracts concluded with works contractors. ";
10) in art. 39j ust. 1 is replaced by the following
" 1. Payments from the Fund resources resulting from the construction and operation agreement or exclusively the operation of the motorway may be guaranteed and guaranteed by the State Treasury. ';
11) art. 39k is replaced by the following:
" Art. 39k. The Bank of National Holding, upon request of the General Director of National Roads and Motorways, shall make payments from the Fund respectively to companies or contractors of works, in the amount and time limits resulting from the agreements referred to in art. 39i. ';
12) art. 40 and 41 are replaced by the following:
" Art. 40. The construction and operation of the motorway or the sole operation of the motorway requires the conclusion of a contract for the construction and operation of the motorway or the operation of the motorway only.
Article 41. The selection of the company follows on the way carried out by the General Directorate for National Roads and Motorways of the three-stage tender procedure:
1) pre-qualification,
(2) a tendering procedure limited to qualified for the submission of tenders, hereinafter referred to as "the invitation to tender",
(3) negotiations on the construction and operation of the contract or exclusively the operation of the motorway. ';
13) in art. 42 in the mouth. Point 1a is replaced by the following:
"(1a) the subject matter of an activity covered by a contract for the construction and operation or solely the operation of a motorway,";
14) in art. 48 in the mouth. Point 3 shall be replaced by the following:
"(3) information on the envisaged material terms of the contract for the construction and operation of, or exclusively, the operation of the motorway,";
15) art. 50a is replaced by the following:
" Art. 50a. The tender committee shall present the Minister for Transport and the General Directorate for National Roads and Motorways with the protocol of the tendering procedure referred to in Article 3. Article 41 (1) and (2), and shall inform the participants in those stages of the proceedings of the results. ';
16) art. 50c and 51 are replaced by the following:
" Art. 50c. If the negotiations are not concluded by agreement on the content of the contract for the construction and operation of the motorway or only the operation of the motorway within 9 months from the date of commencation, the General Director of the National Roads and Motorways may, with the consent of the Minister for the transport competent, declare the tendering procedure as ineffective or negotiate with the company whose bid was second in order after the most favourable tender.
Article 51. 1. Withdrawal of the offer at the time of the tender or negotiations of the contract for the construction and operation or exclusively the operation of the motorway causes the loss of the security.
2. The Wadium submitted by the successful tenderer shall be returned within 14 days following the selection of the tenders by the tender committee.
3. The Wadium submitted by a tenderer whose tender has been deemed to be the most favourable shall be reimbursed within 14 days following the conclusion of the contract for the construction and operation or exclusively the operation of the motorway. The tendering security shall not be reimbursed in the event of the tenderer's withdrawal from the conclusion of the contract for the construction and operation of the motorway or the operation of the motorway only without any valid reasons. ';
17) art. 52a is replaced by the following:
" Art. 52a. 1. The General Director of the National Roads and Motorways shall present to the Minister responsible for transport the minutes of the negotiation of a contract for the construction and operation of, or exclusively, the operation of the motorway and shall notify the participating companies in the negotiations of their result.
2. In the event that negotiations are concluded with the agreement of the contents of the contract for the construction and operation of, or exclusively, the operation of the motorway. The General Director of National Roads and Motorways shall present to the Minister responsible for transport the design of the contract for the construction and operation of, or exclusively the operation of, the motorway, together with the protocol referred to in paragraph 1. 1. ';
18) after art. 53 the following Articles shall be inserted. 53a and 53b, as follows:
" Art. 53a. 1. Participants in the tender procedure referred to in Art. 41 points 1 and 2, the legal interest of which is affected by the breach by the tender committee of the provisions of the Act, shall have the right to submit a written appeal to the General Director of National Roads and Motorways.
2. The appeal shall be lodged within 14 days from the date of notification of the notification referred to in Article. 50a.
3. The General Director of National Roads and Motorways rejects the appeal filed after the deadline or brought by an unqualified entity.
4. The dismissals of the appeal shall be followed by a decision of the General Director of National Roads and Motorways.
5. The dissection of the appeal should take place no later than 30 days from the date of receipt of the appeal.
(6) The provisions of the Administrative Procedure Code shall apply mutatis mutandis in proceedings pending the lodging of an appeal, except that the request for retrial shall be lodged within 14 days from the date of notification of the decision referred to in paragraph 1. 4, and the General Director of National Roads and Motorways shall consider this application within 14 days from the date of receipt of the application.
Article 53b. 1. The decision of the General Director of the National Roads and Motorways shall be entitled to a complaint to the administrative court.
2. The Tribunal shall recognize the complaint without delay, but not later than within 30 days from the date of the influence of the complaint to the court. ";
19. Chapter 8 shall be repealed;
20. Chapter 9 is replaced by the following:
" Chapter 9
Contract for the construction and operation or only the operation of the motorway
Article 61. 1. The Minister responsible for transport shall conclude a contract with the company for the construction and operation of, or only the operation of, the motorway.
2. The Minister responsible for transport shall agree with the Minister responsible for the public finances the provisions of the agreement referred to in paragraph 1. 1, as far as the financial obligations of the State Treasury are concerned.
Article 62. The contract for the construction and operation of, or only the operation of, the motorway should lay down the basic obligations of the company, in particular:
1) a collection of financial resources for the construction and operation of the motorway,
2) preparation of the technical documentation required to undertake the construction of the motorway, obtaining the construction permit and the arrangements required by separate regulations,
3) the timely implementation of the investment process,
4) maintain the motorway, within the scope specified in art. 63b, in accordance with the standards laid down by law and contract for the construction and operation of, or exclusively, the operation of the motorway,
5) to allow the General Director of the National Roads and Motorways to make, at any time, the control of the construction and operation of the motorway and the provision of data and documents in this respect.
Article 63. The contract for the construction and operation of, or only the operation of the motorway, shall specify in particular:
1) the deadline for the construction and completion of construction,
2) the period of operation of the motorway and the toll rates at the start of the operation,
3) the amount and form of co-financing of the construction of the motorway from the Fund's resources,
4) the terms and scope of the distribution of profit between the company and the Fund,
5) deadline for transmission of the documentation on the location of the motorway
6) manner, terms and rules of payment for making available to the company by the General Directorate for National Roads and Motorways of the land for the construction of the motorway and the conditions for the development of buildings, structures, appliances, trees and crops located on them,
7) the conditions and scope of securing the archaeological sites discovered during the construction,
8) the rights of the company to use the land and erected buildings, structures and other facilities,
(9) the company's obligations to:
(a) construction and operation of the motorway in accordance with applicable regulations.
(b) the maintenance of uninterrupted availability to the motorway and its handling,
(c) ensure the safety of users
d) determining, in agreeing with the Minister of National Defence, the limit of layoffs of the vehicles of the Armed Forces of the Republic of Poland and the armed forces of the allied states from tolls for the overdrive of the motorways,
(e) the provision of the Police of the Rooms to the extent foreseen in the technical and construction provisions for toll motorways, enabling the tasks to be carried out effectively in the field of safety and traffic-traffic sensitivity and its monitoring in the area of toll motorways,
10) the rules of cooperation of the company with the road administration, the Police, the ambulance service and the units of the rescue and fire-extinguishing system,
11) conditions for the admission of the motorway to operation,
12) the scope of the company's powers as a motorway manager,
(13) the arrangements for the management of travellers, vehicles and consignments, taking into account competition,
14) the date and manner of transmission of the General Directorate for National Roads and Motorways of the motorway and concerning its documentation after the end of the life period,
15) rules of liability of the parties,
16) means of settling disputes arising in relation to the implementation of the contract for the construction and operation of, or exclusively, the operation of the motorway,
(17) the conditions for termination of the contract for the construction and operation of the motorway, or the operation of the
18) rules of mutual settlement in the event of termination of the contract for the construction and operation or solely the operation of the motorway.
Article 63a. The Council of Ministers, at the request of the Minister responsible for transport, shall determine, by way of regulation, the general directions of cooperation of the company with the road administration. Police, ambulance services and rescue and rescue system units, taking into account the implementation of their statutory tasks, while maintaining uninterrupted access to the motorway and its driving capacity.
Article 63b. 1. The company is obliged to maintain, redesign, overhaul and protect the motorway along with road surface and bridge facilities in its road lane and the safety and traffic organisation equipment associated with the operation of this highway, with subject to paragraph. 2.
2. Maintenance of the road lane of the motorway crossings with roads and other lines of communication in the road and bridge section, including the embankment of embankments and excavations, drainage equipment, pavement, track and road surface, The sidewalks, sidewalks, handrails and equipment of the organisation and security of traffic shall be owned by the managers of those roads or lines of communication where they are located.
Article 63c. 1. In the event of an agreement exclusively for the operation of the motorway, the provisions of this Chapter shall apply mutatis mutandis, subject to paragraph. 2.
2. The contract concluded exclusively for the operation of the motorway should specify the conditions for taking over the motorway from its existing manager.
Art. 63d. 1. The General Director of National Roads and Motorways shall be entitled to control the construction and operation of the motorway in respect of compliance with the conditions of the contract for the construction and operation of the motorway or only the operation of the motorway.
2. Persons authorized by the General Director of the National Roads and Motorways for the making of inspections shall be entitled in particular to:
1) entrance to the premises of the property on which the construction or operation of the motorway is carried out,
2) requests for written or oral explanations, presentation of documents or other information and the provision of data related to the subject of control.
3. At the request of the General Director of National Roads and Motorways, the minister competent for transport may call upon the company to remove, within a specified time limit, the irregularities found.
4. In the event that the company did not remove the irregularity within the time limit referred to in paragraph. 3, the contract for the construction and operation of the motorway or the sole operation of the motorway may be spoken.
Art. 63e. The Minister responsible for transport may, at the request of the company with which the contract for the construction and operation of, or only the operation of the motorway, has been concluded, transfer all or part of the rights and obligations arising from that contract to another a capital company, subject to the following conditions:
1) the share capital of this capital company is covered by 100% by the applicant company or the structure of the shareholders or shareholders in the capital company is the same as in the applicant company,
2) a capital company fulfils the conditions referred to in art. 43 par. 1,
3. the capital company shall enter into the rights and obligations of the applicant company under the construction and operation contract or exclusively the operation of the motorway. '
Article 15. [ Act on the rules of records and identification of taxpayers and payers] In the Act of 13 October 1995 rules for the registration and identification of taxpayers and payers (Dz. U. Nr. 142, pos. 702, of late. 1. 15) ) the following amendments shall be made:
1) in art. 5 par. 4.
" 4. The identification of taxable persons performing an economic activity shall also contain information relating to that activity. ';
2. in Art. (a) 1 is replaced by the following
" 1. Taxable persons starting an economic activity:
1) not being natural persons-together with the application for entry in the register of entrepreneurs may submit an identification declaration, unless they already have NIP,
2) being natural persons-together with the application for entry in the records of the business activity may submit an identification or updating declaration. ";
3) in art. 9 ust. 3.
" 3. The update of the tax records on capital groups shall be carried out by the company representing the group as indicated in the contract. This obligation shall be independent of the obligation to update the data which is pregnant on each of the companies within the capital group's tax composition. ';
4) in art. 12:
(a) paragraphs 3.
" 3. The bodies carrying out the records of the population shall be obliged, within 14 days from the date of receipt of the death certificate, to provide information on the death to the Governor of the tax office competent in respect of the last place of residence of the deceased taxpayer. ',
(b) after paragraph. 3 The paragraph shall be added. The following shall be added:
' 3a. Registry courts shall be obliged, within 14 days from the date of removal of the entity from the register of entrepreneurs or register of associations, other social and professional organizations, foundations and public health care facilities, to transfer information on the removal of the Head of the Tax Office competent in respect of the last address of the premises of the entity. ';
5. in Art. 15:
(a) paragraphs 1 is replaced by the following
" 1. Data contained in the documentation referred to in art. 13 (1) 1, shall be covered by the tax secrecy. ',
(b) after paragraph. 1 The paragraph shall be added. 1a as follows:
' 1a. To comply with the treasury secrecy regarding the documentation referred to in art. 13 (1) 1, the persons referred to in Article 1 shall be required. 294 § 1 points 1, 4 and 5 of the Tax Ordinance and the Judges and staff of the intermediary bodies in the submission of identification and updating declarations. ',
(c) in paragraph. 2. the following point 7 is added:
"(7) to the authorities conducting official registers at their request containing the data necessary for the identification of taxable persons, in respect of the NIP, in connection with the implementation of their statutory tasks.";
6) after art. 15a Article 15a is inserted. 15b as follows:
" Art. 15b. In the area of unregulated in art. 15 The provisions of Article 15 shall apply. 294 § 2-5 and Section VIII of the Tax Ordinance. '
Article 16. [ Hunting law] In the Act of 13 October 1995 -Hunting law (Dz. U. of 2002. Nr 42, pos. 372 and No. 113, pos. 984 and 2004 Nr 92, pos. 880 i Nr 172, pos. 1802) is amended as follows:
1. Chapter 4 is replaced by the following:
' Chapter 4
Economic activity in hunting
Article 17. 1. Economic activity consisting in the provision of tourist services covering:
1) hunting performed by foreigners on the territory of the Republic of Poland,
2) hunting abroad
-is a regulated activity within the meaning of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, poz.1807) and requires entry in the register of hunting, hereinafter referred to as 'the register'.
(2) The competent authority of the registry shall be the competent authority in respect of the establishment or place of residence of the trader, hereinafter referred to as the "registered authority".
Article 18. 1. An entrepreneur performing the activities referred to in art. 17 para. 1, shall meet the following conditions:
1) establish mandatory security of the property claims of third parties for the non-performance or improper performance of the undertaking by the entrepreneur,
2) to lodge with the result of a positive examination of the rules governing the performance of hunting and the rules of nature protection or employ a person fulfilling this condition,
3. to submit to the registry authority the original documents confirming the conclusion of subsequent contracts, or the subsequent blockade of the financial resources referred to in paragraph 1. 3.
2. A condition for the pursuit of the activities referred to in art. 17 para. 1, there is also the impunity of the entrepreneur and the persons directing his business for a crime determined by the Act and a crime against the economic defense.
3. The establishment of the security referred to in the paragraph. 1 point 1, consists of:
1) the conclusion of a contract of insurance for civil liability for damage caused in connection with the performance of the activities, or
2) conclusion of a contract of bank guarantee or insurance, or
3) a block of funds in the bank account, for the right water, at a rate of 4% of the annual income for the exercise by the entrepreneur of the economic activity referred to in art. 17 para. 1, obtained in the financial year preceding the year of conclusion of the contract, however, not less than the equivalent in PLN 20 000 calculated according to the average foreign exchange rate announced by the National Bank of Poland on the last day of the preceding month the month in which the blockade was made.
4. The Minister responsible for financial institutions, in agreement with the Minister responsible for the environment, shall determine, by way of regulation, the minimum amount of the guarantees referred to in paragraph 1. 3 point 2, taking into account the scope of business pursued.
5. The Minister responsible for financial institutions in agreement with the Minister responsible for the environment, after consulting the Polish Chamber of Insurance, will determine, by way of regulation, the detailed scope of compulsory insurance, of which Paragraph 1. Article 3 (1), the term of the insurance obligation and the minimum guarantee sum, taking account in particular of the specificity of the activities carried out.
Article 19. 1. The entry in the register shall be made on the basis of a written request of the trader, who shall include:
1) the company and the tax identification number (NIP), if the entrepreneur such number has,
2) an indication of the premises of the entrepreneur and his address, and in the case of a natural person-also her address of residence,
3) the number in the register of entrepreneurs or in the records of business activity,
4) specify the scope of activities to be included in the register.
2. Together with the application referred to in paragraph. 1, the entrepreneur shall make a declaration of the following contents:
" I declare that:
1) the data contained in the application for entry in the register of hunting is complete and truthful;
2) they are known to me and meet the conditions for the performance of economic activities in the scope of the provision of tourist services involving hunting carried out by foreigners on the territory of the Republic of Poland or hunting abroad, specified in the Act of 13 October 1995 -Hunting law. ".
3. The statement shall also include:
1) entrepreneur company,
2) an indication of the entrepreneur's seat, and in the case of a natural person-also her place of residence and address,
3) indications of place and date of submission of the statement,
4) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
4. The entrepreneur's application shall include the original of the contract referred to in art. 18 (1) In accordance with Article 3 (3), point 1 or 2, or the original of the document confirming the blocking of the financial resources referred to in Article 3 (1) 18 (1) 3 point 3.
Article 20. 1. The entry in the register shall be subject to the data referred to in Article 4. 19 (1) 1, with the exception of the address of residence, if it is different from the address of the seat.
2. The entrepreneur is obliged to report any changes to the data referred to in art. 19 (1) 1, within 14 days from the day of their inception.
Article 21. 1. The examination committee appointed by the Minister responsible for the environment shall be carried out by the examination of the knowledge of the performance of the hunt and of the principles of nature protection.
2. The submission with a positive result of the examination referred to in the paragraph. 1, the Selection Board shall state the attestation.
3. The Minister responsible for environmental matters shall determine, by means of a regulation:
1) the number of members of the committee referred to in paragraph. 1, and its composition, so that the committee is composed of:
(a) not less than 3 members from among experts in the field of nature conservation, hunting economy and the rules of possession and use of hunting firearms,
(b) representative of the Minister responsible for the environment, as chairman of the committee,
c) the representative of the Polish Huntman Association,
(d) a representative of the State Forestry Forest State,
2. the documents to be submitted by the applicant for the examination of the examination referred to in paragraph 1. 1, enabling full identification of the person,
3) the method of carrying out the examination referred to in paragraph. 1, taking into account this examination of the knowledge of the provisions relating to the protection of nature, the hunting economy and the possession and use of the hunting of firearms,
4. the model of the certificate referred to in paragraph 1. 2.
Article 22. 1. An entrepreneur performing business activity in the scope of marketing of the food creditors and the marketing of creditors and their parts, excluding sales made by tenants and managers of hunting circuits on the territory of the Republic Polish, is obliged:
(1) keep the buying-in stock at each buying-in point,
2. provide testing of the animals and meat in accordance with the provisions on the control of infectious diseases in animals, the examination of the animals for slaughter and meat and the veterinary inspection.
2. The Minister responsible for environmental matters shall determine, by means of a regulation, the scope of the records referred to in paragraph 1. Article 1 (1), and the formula thereof, shall be guided by the type of economic activity pursued with regard to the marketing of the food creditors or the carcasses of the creditors and their parts.
Article 22a. 1. The registry authority shall issue a decision prohibiting the pursuit of an activity covered by an alert by the entrepreneur when:
1) the entrepreneur made the statement referred to in art. 19 (1) 2, not in fact,
2) the entrepreneur has not removed the breaches of the conditions for the performance of the activities covered by the entry within the deadline set by the
3) establishes a flagrant violation of the conditions for the performance of the activities covered by the entry by the entrepreneur
2. The breach of the operating conditions shall be:
1. failure to submit to the registry authority the original of the contract referred to in Article 3 (1) of the Agreement. 18 (1) In accordance with Article 3 (3), point 1 or 2, or the original of the document confirming the blocking of the financial resources referred to in Article 3 (1) 18 (1) 3 point 3,
2) carrying out activities outside the scope set out in the application.
Article 22b. The provisions of the Law of 2 July 2004 shall apply in matters not governed by this Chapter. the freedom of economic activity. ';
2. in Art. 43 par. 1 is replaced by the following
" 1. A foreigner or a Polish citizen who is staying with the intention of permanent residence abroad, not being a member of the Polish Soviet Union or failing to meet the conditions laid down in art. 42a may perform hunting after buying a hunt for an entrepreneur registered in the register referred to in art. 17 para. 1, or on the basis of the consent of the Minister responsible for the environment. The consent shall be issued at the request of the Polish Soviet Union or in the case of hunting in the circuits managed at the request of their liquidators. ".
Article 17. [ The Act on Physical Culture] In the Act of 18 January 1996 of physical culture (Dz. U. of 2001. Nr 81, pos. 889, with late. 1. 16) ) the following amendments shall be made:
1. 29 is replaced by the following
" Art. 29. 1. Activities in the field of professional sports run sports joint-stock companies and Polish sports unions.
2. Economic activity within the scope of the organization of professional sports competition is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) and requires the entry of a register of organizers of professional sports competition, hereinafter referred to as the "register".
3. The Polish sports association performing the economic activities referred to in the paragraph. 2, the following conditions shall be fulfilled:
1) organize professional sports competition only in the field or discipline of sport covered by the action of a given Polish sports relationship,
2) have the financial resources, provided for in the budget of this relationship, intended to finance professional sports competition,
3) develop at least an annual programme of activities in the organization of professional sports competition,
4) develop the rules of professional sports competition in a given field or sports discipline,
5) to enact the conditions for granting licences for professional players.
4. The Polish sports association intending to organize professional sports competition shall submit to the President of the Polish Confederation of Sport a written request for entry in the register, which should contain the following data:
1) the name and address of the seat of the Polish sporting association,
2) to define the field or discipline of sport in which professional sports competition is to be organised,
3) the proposed date of commencement of professional sports competition,
4) the date of drawing up the application and the signatures of the persons entitled to submit statements of will on behalf of the Polish sports association together with the indication of their names, names and the function.
5. Together with the application referred to in paragraph. 4, the Polish sports association makes a statement of the following contents:
" I declare that:
1) the data contained in the application for entry to the register of the organizers of professional sports competition are complete and in accordance with the truth,
2) I am known to me and meet the conditions for the pursuit of business activities within the scope of the organization of professional sports competition, as defined in the Act of 18 January 1996. o physical culture. '.
6. The statement shall also include:
1) the designation of the Polish sporting association together with the address of the seat,
2) the date and signature of persons entitled to submit statements of will on behalf of the Polish sports association, with an indication of the names and names and of the function. ";
2) after art. 29 The following Articles shall be inserted: 29a-29c as follows:
" Art. 29a. 1. The authority competent to keep the register is the President of the Polish Confederation of Sport.
2. The register may be carried out in an IT system.
3. The entry in the register shall be subject to the data referred to in Art. 29 par. 4.
Article 29b. 1. The Polish sports association is obliged to report the changes of the data referred to in art. 29 par. 4-within 14 days from the date of their formation.
2. The Polish sports association is obliged to submit an application for the deletion of the entry in the register within 14 days from the date of cessation of the business activity covered by the entry in the register.
Article 29c. 1. The President of the Polish Confederation of Sport issues a certificate of entry in the register.
2. The certificate referred to in paragraph 2. 1, it shall contain the following data:
1) the name and address of the seat of the Polish sports association conducting business in the field of organizing professional sports competition,
2) the definition of the field or discipline of sport in which professional sports competition is organised. ';
3) in art. 36 ust. 1 is replaced by the following
" 1. The Polish sports association, which has been entered in the register, may set up a professional league. ";
4) after the art. 36 a Article shall be inserted. 36b as follows:
" Art. 36b. The provisions of the Law of 2 July 2004 shall apply in matters not governed by this Chapter. about the freedom of economic activity. ".
Article 18. [ Law on the professions of nurses and midwife] In the Act of 5 July 1996 about the professions of nursing and midwife (Dz. U. of 2001. No. 57, item. 602, with late. 1. 17) ) the following amendments shall be made:
1) in art. 10d point 2 is replaced by the following:
"(2) the operator or the organisation units of the nurses ' self-government and midwives after having obtained the entry to the competent for the place of education of the register of the postgraduate training providers.";
2. in Art. 10f ust. 1 is replaced by the following
" 1. The organisers of education shall be required to obtain the approval of the training programme for the type and mode of training before the start of the training. ';
3. Article 10g-10i shall be replaced by the following:
" Art. 10g. 1. The economic activity in the field of postgraduate education is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) and requires entry in the register of entities conducting postgraduate training, hereinafter referred to as "the register".
2. The conditions for the pursuit of the activities in the field of post-graduate education are:
(1) having a training programme which is compatible with the framework programme and, in the case of training courses, in accordance with the current state of knowledge, in the field covered by the course,
2) providing teaching staff with qualifications suitable for a given type of education,
3) providing adequate for the implementation of the curriculum training programme, including for practical training,
4) having an internal system for assessing the quality of education, taking into account the tools for assessing the quality of education and the method of assessment.
Art. 10h. 1. The organiser of education intending to perform post-graduate training activities shall submit an application for entry in the register, containing the following data:
1) the designation of the organizer of education, the address of his or her residence and/or the registered office and the number of the tax identification (NIP), if the trader has such a number,
2) the organizational and legal form of the organizer of education,
3) the registration number of the business register or the records of the business activity-in the case of the entrepreneur,
4) the definition of the type, field and mode of education,
(5) the date and number of the decision approving the training programme,
6) place of education,
7) planned dates for the start and end of specialization and the qualification courses and specialty courses.
2. Together with the application referred to in paragraph. 1, the organizer of education shall make a declaration of the following contents
" I declare that:
1) the data contained in the application for entry in the register of postgraduate training entities are complete and truthful;
2) I am known to me and meet the conditions for the pursuit of business activities in the field of postgraduate education, as defined in the Act of 5 July 1996. about the professions of nurses and midwives. ".
3. The statement shall also include:
1) the designation of the organizer of the education, its seat and address,
2) the indication of the place and date of submission of the statement
3) the signature of the person entitled to represent the organizer of the education, with an indication of the name and the function as well.
4. The entry to the register shall be subject to payment.
5. The Minister of Health shall, after consulting the General Council of Nurses and Pores, determine, by way of regulation, the amount of the fee referred to in paragraph 1. 4, taking into account the costs associated with the proceedings concerning the entry in the register and the type of post-graduate training to which the entry relates.
6. The fee referred to in paragraph. 4, constitutes the revenue of the district chamber of nurses and midwives or the Chief Councils of Nurses and Midwives who made the entry in the register.
Art. 10i. 1. The register authority is the district council of nurses and midwives competent for the place of education and, in the case of the organisational units of the nurses ' self-government and the midwives, and the commercial companies created by them, in which they hold shares or shares, or other entities created by them, the Chief Council of Nurses and Poths.
2. The register may be carried out in an IT system.
3. The register shall enter the data referred to in Article 3. 10h ust. 1, with the exception of the address of residence, if it is different from the address of the seat.
4. The entity entered in the register shall be obliged to report to the investigating authority the change of data referred to in art. 10h ust. 1, within 14 days from the date of the formation of these amendments.
5. The data referred to in paragraph 3, the authority of the registry shall communicate to the Centre within 14 days from the date of entry in the register. ';
4. Article 4 10j and 10k;
5) art. 10l is replaced by the following:
" Art. 10l. 1. The provisions of the Code of Administrative Procedure concerning administrative decisions shall apply to the district council of nurses and midwives or the Supreme Council of Nurses and Midwives on the entry, refusal of entry and deletion of an entry from the register.
2. From the resolutions referred to in paragraph. 1, shall be entitled to a reference to the Minister responsible for health. The appeal shall be lodged through the district council of nurses and midwives or the Chief Councils of Nurses and Midwives, within 30 days from the date of service of the resolution. ';
6. 10m and 10n;
7) art. 10o and 10p are replaced by the following:
" Art. 10o.1. The organizer of the training shall inform the Centre of the planned start and end dates of the specialization and the training courses and courses, twice a year by 30 June and by 31 December, for the following six months. months.
2. The training organizer, who has obtained entry in the register, shall inform the authority referred to in art. 10i para. 1, of the planned start and end dates of specialisation and of the training courses and specialised courses twice a year-by 30 June and by 31 December, for the following six months.
Art. 10p. 1. The Centre shall keep a record of the organisers of the training which have obtained the approval of the training programme.
2. The records shall be entered in the records referred to in Article 2. 10h ust. 1.
3. The residence referred to in paragraph 1 shall be provided for in paragraph 1. 1, is explicit. ";
8) after art. 10x Article 1 10y, as follows:
" Art. 10y. In cases not governed by this Chapter, the provisions of the Act of 2 July 2004 shall apply. the freedom of economic activity. ';
9) after art. 24 shall be inserted in Article 24. 24a as follows:
" Art. 24a. Driving:
1) the individual practice of nurses, midwives,
2) the individual specialist practice of nurses, midwives, or
3) group practice of nurses, midwives
-is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. the freedom of economic activity. ';
10) art. 25 is replaced by the following
" Art. 25. 1. Nurse, midwife can perform individual nursing practice, midwife or individual specialist practice of nursing, midwife, hereafter referred to as "individual practice" or "individual specialist practice", after obtaining an alert as appropriate to the register of individual practices or the register of specific specialised practices carried out by the district nurses ' board and midwives competent for the place where the practice is carried out.
2. The nurse, a midwife who performs an individual practice, is obliged to meet the following conditions:
1) have the right to pursue the profession,
2) have a room equipped with the apparatus and medical equipment in which the practice will be carried out, as well as have the opinion of the health authority on the fulfilment of conditions enabling the provision of specified health care benefits, subject to the paragraph. 4 points 2 and Article 4 27.
3. The nurse, a midwife who performs an individual specialist practice, is obliged to meet the following conditions:
1) have the right to pursue the profession,
2) have a room equipped with the apparatus and medical equipment in which the practice will be carried out, as well as have the opinion of the health authority on the fulfilment of conditions enabling the provision of specified health care benefits, subject to the paragraph. 4 points 2 and Article 4 27,
3) have a specialization in the field of nursing or the field applicable in health care.
4. A nurse, a midwife who performs an individual practice or an individual specialist practice exclusively at the place of the call is obligatory:
1) meet the conditions referred to in the paragraph. 2 point 1 or paragraph 1. 3 points 1 and 3,
2) have medical equipment enabling the provision of specified health care services at the place of the call,
3) have the address of the practice and the address of storing medical documents.
5. The item for the registers referred to in paragraph. 1, shall be carried out following the submission of the application by the nurse, which shall include the following particulars:
1. the name of the nurse, the midwife and her address,
2) the number in the records of the business activity,
3) the tax identification number (NIP), if the nurse, the midwife of such a number possesses.
6. Together with the application referred to in paragraph. 5, the nurse, the midwife shall make a statement of the following contents:
" I declare that:
1) the data contained in the application for entry in the register of individual practices or the register of individual specialized practices are complete and truthful;
2) they are known to me and I fulfil the conditions for doing business in the scope of:
(a) the individual practice of nurses, midwives,
(b) the individual practice of nurses, which is situated exclusively at the place of the call,
(c) the individual specialist practice of nurses, midwives,
(d) the individual specialised practice of nurses, situated exclusively at the place of the call
-as set out in the Act of 5 July 1996. about the professions of nurses and midwives. ".
7. The statement shall also include:
1. the name of the nurse, the midwife and her address,
2) the designation of the place and the date of the declaration.
8. For the equivalent of an individual practice or an individual specialized practice within the meaning of the Act, it is considered to pursue the profession of a nurse, located outside the health care establishment on the basis of a contract of employment or a civil-law contract. The provisions of the paragraph 1-3 shall apply mutatis mutandis. ';
11) art. 25a is replaced by the following:
" Art. 25a. 1.In order to provide health care services to nurses, midwives can conduct a group practice in the form of a civil partnership or partnership.
2. Execution of a group practice of nurses, midwives is a regulated activity within the meaning of the Act of 2 July 2004. o freedom of economic activity and requires the entry in the register of group nurses ' collective practices, which is carried out by the competent district of nurses and midwives by the competent district practice.
3. In the framework of group practice of nurses, midwives may be granted health benefits only by nurses, midwives who are partners of the company referred to in paragraph. 1, fulfilling the conditions laid down in Article 25 par. 2 pt. 1 or paragraph 1. 3 points 1 and 3.
4. The entry into the register of nurses ' collective practices shall be made after the submission of the application by the company, together with the statement of the following contents:
" I declare that:
1) the data contained in the application for entry in the register of group nurses ' practices, midwives are complete and truthful;
2) I am known to me and meet the conditions for the pursuit of business activities in the scope of group practice of nurses, midwives, set out in the Act of 5 July 1996. about the professions of nurses and midwives. ".
5. The statement shall also include:
1) the company of the entrepreneur, its registered office and address, and in the case of a civil partnership the names of accomplices and their addresses of residence,
2) the indication of the place and date of submission of the statement
3) the signature of the person entitled to represent the entrepreneur or accomplices of the civil company, with an indication of the name and the function as well.
6. An application for entry in the register of group nurses ' practices, midwives should contain the following data:
1) information on the existence of the contract of the company referred to in the paragraph. 1, and of the date of conclusion of such an agreement,
2) a list of nurses, a midwife practice of nurses, midwives,
3) information on the fulfilment by the nurses, the midwives of the conditions laid down in the art. 25 par. 2 pt. 1 or paragraph 1. 3 points 1 and 3,
4) information about the fulfilment by the nurses, the obstetrics of the conditions referred to in art. 25 par. 2 point 2 or paragraph 2 3 point 2.
7. An application for entry in the register referred to in paragraph. 2, it shall contain:
1) the data referred to in paragraph. 6 points 1 and 2,
2) information about the fulfilment of the conditions referred to in art. 25 par. 4 points 1 and 2.
8. The group's practice of nurses, midwives can be executed on the basis of a civil-law contract concluded with an entity other than a health care facility, with the preservation of the mouth. 3-6.
9. The exercise of the group practice of nurses, the midwives referred to in the mouth. 1, it is not a health care facility. ';
12) art. 25b is replaced by the following:
" Art. 25b. Nurses, midwives conducting individual practice, individual specialist practice and a group of nurses 'practice, midwives are obliged to submit a change of the data included in the registers within 14 days from the date of the formation of these changes.';
(13) Article 13 (2) of 25c;
14. 25d is replaced by the following:
" Art. 25d. The Minister for Health shall, after consulting the Chief Council of Nurses and Poster, determine, by means of a regulation, a model certificate confirming the entry in the registers, having regard to the extent of the data to be included in the registers. ';
15) art. 27 is replaced by the following
" Art. 27. Where individual practice, individual specialist practice and group practice of nurses, midwives are performed under the rules laid down in art. 25 par. 8 and in Article 25a par. 8, the obligation to meet the conditions referred to in art. 25 par. Article 2 (2) and Article 2 (2) 25 par. Article 3 (2) shall be the subject of an undertaking which has concluded an agreement with the exception of the situation in which the premises, equipment and medical apparatus are not the property of that entity. ';
16) art. 28 is replaced by the following
" Art. 28. 1. Entry in the registers referred to in Article 25 par. 1 and Art. 25a par. 2, shall be subject to payment.
2. The fee referred to in paragraph. 1, is the revenue of the competent district of the councils of nurses and midwives.
3. The Minister of Health, after consulting the Chief of the Council of Nurses and Pores, will determine, by way of regulation, the amount of the fee for entering the alert referred to in art. 25 par. 1 and Art. 25a par. 2, taking into account the costs associated with the procedure for entering the alert and the type of practice covered by the entry. ';
17) art. 29 is replaced by the following
" Art. 29. 1. The district council of nurses and midwives shall draw an entry in the register of individual practices or individual specialist practices in the event of:
1) deprivation or renunciation by a nurse, a midwife of the right to pursue a profession,
2) the suspension of the right to pursue the profession of nurses, midwife,
3) the issuance of a decision to ban the performance of the activity covered by the entry,
4) opt out of conducting an individual practice or individual specialist practice,
5) the submission of the application by the person entered.
2. The district council of nurses and midwives shall draw the removal from the register referred to in art. 25a par. 2, in the event of failure to meet the requirements laid down in Article 25 par. 2 or 3, art. 25a par. 3 and Art. 26 par. 1. '
Article 19. [ Law on the maintenance of cleanliness and order in the municipalities] In the Law of 13 September 1996. keeping cleanliness and order in the municipalities (Dz. U. No 132, pos. 622, of late. 1. 18) ) the following amendments shall be made:
1) in art. 8 in the mouth. Point 1 shall be replaced by the following:
"(1) the name and address of the applicant for the authorisation, and his tax identification number (NIP),";
2) after art. 8 the following Article shall be inserted. 8a and 8b, as follows:
" Art. 8a. 1. Before deciding on the issue of the permission of the mayor, the mayor or president of the city may:
1) call on the entrepreneur to supplement, within the prescribed period, however, not less than 14 days, missing documentation certifying that the entrepreneur meets the conditions laid down by the law, required for the performance of the covered activities Permit
2) check the facts provided in the application for authorisation in order to determine whether the trader fulfils the conditions for the performance of the authorised activity.
2. The entrepreneur is obliged to immediately report to the mayor, the mayor or the president of the city any changes to the data specified in the permit.
3. The refusal to issue the permit, its modification and withdrawal of the permit shall be made by the decision of the mayor, mayor or president of the city.
Article 8b. 1. The mayor, mayor or president of the city is entitled to control the economic activity of the entrepreneur in terms of the compliance of the performed business with the granted permission.
2. Control activities shall be carried out on the basis of the authorization issued by the mayor, the mayor or the president of the city.
3. The persons authorised to carry out the checks shall be entitled in particular to:
1) admission to the premises of the entrepreneur in the days and hours in which it is or should be carried out activities covered by the permit,
2) requests for oral or written explanations, presentation of documents or other media of information and the provision of data related to the subject of control.
4. Control activities shall be carried out only in the presence of the person entitled to represent the entrepreneur or the person authorized to represent that entrepreneur during the inspection.
5. Wójt, the mayor or president of the city may authorize the making of the inspection referred to in the paragraph. 1, another administrative body specialised in the control of a given type of activity. The provisions of the paragraph 2-4 shall apply mutatis mutandis. '
Article 20. [ Act on the professions of the doctor and dentist] In the Act of 5 December 1996. about the professions of a doctor and a dental practitioner (Dz. U. of 2002. No 21, pos. 204, with late. 1. 19) ) the following amendments shall be made:
1. 19 is replaced by the following
" Art. 19. Postgraduate education of doctors and dentists can lead:
1) organizational units entitled to do so on the basis of separate regulations,
2) entrepreneurs after obtaining an entry in the register of entities conducting postgraduate training of physicians and dental practitioners maintained by the competent district medical council. ";
2) after art. 19 The following Article shall be inserted. 19a-19e as follows:
" Art. 19a. 1. The economic activity of post-graduate training of doctors and dental practitioners, hereinafter referred to as "post-graduate education", is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) and requires entry in the register of entities providing postgraduate training of physicians and dental practitioners, hereinafter referred to as "the register".
2. The conditions for the pursuit of the activities in the field of post-graduate education are:
(1) having a training programme which is compatible with the framework programme and, in the case of training courses, in accordance with the current state of knowledge, in the field covered by the course,
2) providing teaching staff with qualifications suitable for a given type of education,
3) providing adequate for the implementation of the curriculum training programme, including for practical training,
4) having an internal system for assessing the quality of education, taking into account the tools for assessing the quality of education and the method of assessment.
Art. 19b. 1. An entrepreneur intending to perform post-graduate training activities shall submit an application for entry in the register, containing the data referred to in art. 19c par. 3 points 1 to 6.
2. Together with the statement the entrepreneur shall make a declaration of the following contents:
" I declare that:
1) the data contained in the application for entry in the register of entities providing postgraduate training of doctors and dental practitioners are complete and truthful;
2) I am known to me and fulfil the conditions for the pursuit of business activities in the field of post-graduate training of doctors and dental practitioners-as defined by the Act of 5 December 1996. about the professions of a doctor and a dentist. ".
3. The statement shall also include:
1) the company of the entrepreneur, its registered office and address,
2) the indication of the place and date of submission of the statement
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
4. The entry to the register shall be subject to payment.
5. The fee referred to in paragraph. 4, constitutes the revenue of the district medical certificate which made the entry in the register.
6. The Minister of Health, after consulting the General Medical Council, will determine, by means of a regulation, the amount of the fee referred to in paragraph. 4, taking into account the costs associated with the proceedings concerning the entry in the register and the type of post-graduate training to which the entry relates.
Art. 19c. 1. The competent authority for the keeping of the register shall be the district medical council for the place of education.
2. The register may be carried out in an IT system.
3. The following data shall be entered in the register:
1) the designation of the organizer of education and the address of his seat,
2) the organizational and legal form of the organizer of education,
3) the registration number of the business register or the records of the business activity,
4. determination of the type and mode of education,
5) place of education,
6) planned deadlines for the commenctions and completion of specializations and qualification courses and specialist courses,
7) the date of entry in the register.
4. An entrepreneur entered in the register shall be obliged to report to the investigating authority any changes to the data referred to in the paragraph. 3 points 1 to 6, within 14 days from the day of their formation.
Art. 19d. The provisions of the Administrative Procedure Code concerning administrative decisions shall apply to the decision of the district medical council on the alert, to refuse entry and to delete an entry in the register.
Art. 19e. In matters concerning the pursuit of economic activities in the scope of postgraduate education, not governed by the provisions of this Act, the provisions of the Act of 2 July 2004 apply. the freedom of economic activity. ';
3) after art. 49 The following Articles shall be inserted. 49a as follows:
" Art. 49a. Driving:
1) individual medical practice,
2) individual specialist medical practice,
3) group medical practice
-is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. the freedom of economic activity. ';
4. Article 50 is replaced by the following
" Art. 50. 1. The physician may perform an individual medical practice or individual specialist medical practice, hereinafter referred to as "individual practice" or "individual specialist practice", after having obtained an alert as appropriate to the register. individual practices or a register of individual specialised practices carried out by a district medical board competent for the place where the practice is carried out.
2. A doctor performing an individual practice is required to meet the following conditions:
1) have the right to pursue the profession,
2) may not be suspended in the right to exercise the profession or limited in the performance of certain medical activities,
3) have a room equipped with the apparatus and medical equipment in which the practice will be carried out, as well as have the opinion of the health authority on the fulfilment of conditions enabling the provision of specific health care benefits.
3. A doctor performing an individual specialist practice is required to meet the following conditions:
1) have the right to pursue the profession,
2) may not be suspended in the right to exercise the profession or limited in the performance of certain medical activities,
3) have a room equipped with the apparatus and medical equipment in which the practice will be carried out, as well as have the opinion of the health authority to meet the conditions for granting specific health care benefits,
4) have a specialization in the field of medicine corresponding to the practice performed.
4. The doctor, except for the dental practitioner, performing an individual practice or an individual specialist practice exclusively at the place of the summery is required:
1) meet the conditions referred to in the paragraph. 2 points 1 and 2 or in paragraph 2. 3 points 1, 2 and 4,
2) have medical equipment enabling the provision of specified health care services at the place of the call,
3) have the address of the individual practice or individual specialist practice and address of the place of acceptance of the summations and storage location of medical documents.
5. The item for the registers referred to in paragraph. 1, shall be carried out after the request of the doctor of the application, which shall include the following data:
1) the company of the entrepreneur and his address of residence,
2) the number in the records of the business activity,
3) the tax identification number (NIP), provided that the trader has such a number.
6. Together with the application referred to in paragraph. 5, your doctor will make a statement of the following:
" I declare that:
1) the data contained in the application for entry in the register of individual practices or the register of individual specialised practices are complete and truthful;
2) they are known to me and I fulfil the conditions for doing business in the scope of:
(a) the individual medical practice,
(b) the individual medical practice only at the place of the call,
(c) individual specialist medical practice,
(d) an individual specialised medical practice only at the place of a call
-as set out in the Act of 5 December 1996. about the professions of a doctor and a dentist. ".
7. The statement shall also include:
1) the surname and surname of the doctor and his address,
2) the designation of the place and the date of the declaration.
8. For the equivalent of individual practice or individual specialized practice within the meaning of the Act, it is considered to pursue the profession of a doctor outside the establishment of health care on the basis of a contract of employment or a civil-law contract, subject to the paragraph. 12 and art. 53 (1) 1.
9. To doctors who are nationals of a Member State of the European Union temporarily executing a doctor's profession in the territory of the Republic of Poland apply mutatis mutandis Art. 54 para. 1-3, as well as provisions issued on the basis of art. 50b ust. 3.
10. To practise the profession of a doctor, consisting in consultation or participation in a medical conculium, in the situation referred to in art. 37, the provisions of Article 1 shall not apply. 50 and art. 50a.
11. The provisions of the paragraph shall not apply to the doctors of the Social Insurance Institution and the doctors of the Social Insurance Fund of the Agricultural Social Insurance Fund. 1 and Art. 54.
12. Executing the function of a medical coordinator within the meaning of the Act of 25 July 2001. o State Medical Rescue Agency (Dz. U. Nr 113, pos. 1207, with late. 1. 20) ), on the basis of a contract of employment or on the basis of a civil law contract shall not be tantamount to individual medical practice or individual medical practice. ';
5) art. 50a is replaced by the following:
" Art. 50a. 1. Physicians in order to provide health services may conduct a group medical practice in the form of a civil partnership or partnership.
2. The exercise of a group medical practice is a regulated activity within the meaning of the Act of 2 July 2004. freedom of economic activity and requires the entry in the register of a group of medical practices maintained by the competent authority of the district medical council.
3. Within the framework of a group medical practice, health benefits may only be provided by physicians who are members of the company referred to in paragraph 1. 1, meeting the conditions laid down in Article 50 par. 2 points 1 and 2 or paragraph 2. 3 points 1, 2 and 4.
4. The entry into the register of group medical practices shall be carried out after the submission of the application by the company, together with the statement of the following contents:
" I declare that:
1) the data contained in the application for entry in the register of group medical practices are complete and truthful;
2) I am known to me and meet the conditions for the pursuit of business activities in the area of group medical practice, as defined by the Act of 5 December 1996. about the professions of a doctor and a dentist. ".
5. The statement shall also include:
1) the company of the entrepreneur, its registered office and address, and in the case of a civil partnership the names of accomplices and their addresses of residence,
2) the indication of the place and date of submission of the statement
3) the signature of the person entitled to represent the entrepreneur or accomplices of the civil company, with an indication of the name and the function as well.
6. An application for entry in the register of collective medical practices should contain the following data:
1) information on the contract of the company referred to in the paragraph. 1,
2) list of physicians of the group medical practice,
3) information about the medical practice of the medical practice of the conditions laid down in Art. 50 par. 2 points 1 and 2 or paragraph 2. 3 points 1, 2 and 4,
4) information concerning the address of the group medical practice,
5) information about the possession of medical equipment enabling the provision of specific health care services at the place of the call referred to in art. 50 par. 4 point 2.
7. A group medical practice may not be performed in a public health care facility on the basis of a civil-law contract for the provision of health care benefits. ";
6) in art. 50b:
(a) paragraphs 1 is replaced by the following
" 1. District medical council, after verification of the fulfilment of the conditions for the exercise of the activity in the field of individual medical practice, the individual medical practice carried out exclusively at the place of call, the individual specialist practice doctor, individual specialist medical practice performed only at the place of call and group medical practice, makes an entry in the register of individual medical practices, individual specialist medical practices or group medical practice and issue a doctor or group the medical practice certificate of entry in the register. ',
(b) in paragraph. Point 3 shall be replaced by the following:
" (3) the requirements to be met by the medical equipment referred to in Article 3. 50 par. 4 (2). ',
(c) paragraphs 4 and 5 are replaced by the following:
" 4. The Minister for Health, after consulting the General Medical Council, will determine, by regulation, detailed rules and procedures for the handling of records of individual medical practice, individual specialised medical practices and group medical practices, and models for applications for entry in the registers, as well as a model certificate of entry in the register, with a view to the data to be included in the application for registration.
5. Doctors leading individual medical practice or individual specialist medical practice and group medical practice shall be obliged to notify the district medical council, which shall keep the register, of the change of the data covered by the register entry. ';
7. the Article shall be repealed. 50c;
8) art. 51 is replaced by the following
" Art. 51. 1. The Minister for Health shall fix, by way of regulation, the fee for entry in the registers referred to in Article. 50 and art. 50a, taking into account, in particular, the type of medical practice covered by the entry in the register and the number of places where it is performed.
2. The fee referred to in paragraph. 1, shall be the revenue of the district medical council. ';
9. Article 52 is replaced by:
" Art. 52. 1. The district medical council shall delete the entry in the registers referred to in Article. 50 par. 1, in the event of:
1) deprivation of a doctor of the right to pursue a profession
2) suspensions of the doctor in the right to practitioner,
3) a waiver by a practitioner of the right to pursue a profession,
4) failure to meet the conditions for the performance of the activities referred to in art. 50,
5) to make a statement by the doctor about the cessation of the activity covered by the entry,
6) submission of the application by the person entered.
2. The District Medical Council shall delete the entry in the register referred to in art. 50a ust. 2 if the company does not fulfil the conditions for the performance of the activities referred to in Art. 50a. ';
10) art. 52a is replaced by the following:
" Art. 52a. Entry in the register, refusal of entry, amendment of the entry in the register regarding the scope and nature of the health benefits granted and the deletion from the register shall be in the form of a decision of the district medical council. ';
11) in art. 53 (1) 1a is replaced by:
' 1a. The provisions of the paragraph 1 shall not apply to the individual medical practice and individual medical practice carried out on the basis of the rules referred to in Article 50 par. 4 and 8. ';
12) art. 55 is replaced by the following
" Art. 55. The district medical council shall transmit to the wojewater annually an extract from the registers referred to in Article 4. 50 and art. 50a, and, if necessary, give information on the data entered in those registers with the competent authority or local authority. '.
Article 21. [ Energy law] In the Act of 10 April 1997 -Energy law (Dz. U. 2003 r. No. 153, pos. 1504, of late. 1. 21) ) the following amendments shall be made:
1) in art. 33 in the mouth. 3 point 2 is replaced by the following:
" (2) to which a concession has been withdrawn for the operation of a specific law by virtue of the reasons set out in Article 2 within the last 3 years. 58 par. 2 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807), hereinafter referred to as the "Act on Freedom of Economic Activity", or which has been deleted from the register of regulated activities for the reasons referred to in art in the last 3 years. 71 (1) 1 Act on the freedom of economic activity; ";
2. in Art. 35:
(a) in paragraph. Point 6 shall be replaced by the following:
"6) the number in the register of entrepreneurs or records of business activity and the tax identification number (NIP).",
(b) paragraphs shall be deleted. 2;
3. Article 36 is replaced by the following
" Art. 36. The concession shall be granted for a period of not less than 10 years and not more than 50 years, unless the trader requests a shorter period of time. ';
4) in art. 37:
(a) in paragraph. Point 7 shall be replaced by the following:
"7) the number in the register of entrepreneurs or records of business activity and the tax identification number (NIP).",
(b) paragraphs shall be deleted. 3;
5) art. 41 is replaced by the following
" Art. 41. 1. The President of URE may change the terms of the issued concession at the request of the energy company.
2. The President of the URE shall revoke the concession in the cases of:
1. as referred to in Article 1. 58 par. 1 Act on the freedom of economic activity;
2) the withdrawal by the competent Governor of the customs office, in the mode and on the rules specified in the separate provisions, the authorization to operate the tax warehouse-in relation to the activities covered by this permit.
3. The President of the URE shall revoke the concession or amend its scope in the cases referred to in Article 3. 58 par. 2 of the Act on the freedom of economic activity.
4. The President of the URE may withdraw the concession or change the scope of the concession:
1) in the cases referred to in art. 58 par. 3 Act on the freedom of economic activity;
2) in the case of division of the energy company or its merger with other entities.
5. In the case referred to in paragraph. 2 point 2, the President of the URE shall notify the revocation of the concession applicable to the taxpayer of the customs office of office. ';
6) art. 50 is replaced by the following
" Art. 50. The provisions of the Act on the freedom of economic activity shall apply in matters not governed by this Chapter. '.
Article 22. [ Law on Road Traffic] In the Act of 20 June 1997. -The right of traffic (Dz. U. 2003 r. Nr 58, pos. 515, with late. 1. 22) ) the following amendments shall be made:
1. 83 is replaced by:
" Art. 83. 1. The technical examination shall be carried out at the expense of the owner of the vehicle by
1) basic vehicle inspection station-in the scope of:
(a) to verify and assess the regularity of the operation of the individual teams and systems of the vehicle, in particular in terms of safety of driving and the environment,
(b) the technical studies referred to in point (a) and of some of the technical studies referred to in point 2, where the station is authorised to carry out such tests, issued before the date of entry into force of the Act-Provisions introducing the law on freedom of economic activity;
(2) a district vehicle inspection station in the field of technical examination referred to in point 1 (a). (a) and in respect of tests as to compliance with the technical conditions of the bus, the permissible speed of which on the motorway and the express road is 100 km/h, the vehicle intended for the transport of dangerous goods, the vehicle adapted to the supply of gas, a vehicle registered for the first time abroad (prior to registration in the country), a vintage vehicle, a vehicle of the "SAM" brand, a vehicle in which structural changes were made or the exchange of elements causing data change in the proof registration, vehicle directed to technical tests by the traffic control authority of road or starostia and of a vehicle brought from abroad and bearing evidence of damage or of which the technical condition indicates a breach of the load-bearing components of the vehicle structure capable of posing a risk to road safety.
2. The economic activity in the area of driving a vehicle inspection station is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) and requires entry to the register of entrepreneurs conducting a vehicle inspection station.
3. A vehicle inspection station may lead an entrepreneur who:
1) has its seat or place of residence on the territory of the Republic of Poland;
2) is not an entrepreneur in respect of which liquidation has been opened or bankruptcy has been declared;
3) he was not legally convicted of a criminal offence committed in order to achieve a property advantage or a crime against the documents-concerns the natural person or members of the bodies of a legal person;
4. has control and measurement equipment and locality conditions guaranteeing the performance of the relevant technical testing of vehicles in accordance with the detailed modalities of carrying out those tests;
5) has the attestation of conformity of equipment and premises conditions with the requirements according to the scope of the conducted research entered in the register of entrepreneurs conducting the vehicle inspection station;
6) employs certified diagnals.
4. The certificate referred to in paragraph 1. 3 point 5, it shall issue for a fee, by decision. Director of Transport Technical Inspection, after the inspection of the vehicle inspection station. The certificate shall remain valid until the actual state for which it has been issued, for no longer than five years from the date of its issue. ';
2) after art. 83 the following Articles shall be inserted. 83a and 83b, as follows:
" Art. 83a. 1. The competent authority to keep a register of operators operating a vehicle inspection station shall be an old age competent for the place where the activity covered by the entry is carried out.
2. When an entrepreneur performs an economic activity referred to in art. 83 (1) 2, in organisational units located in the area of different counties, it shall be obliged to obtain an entry in the separate relevant registers for each of these units.
3. An entry to the register of entrepreneurs conducting a vehicle inspection station shall be carried out at the request of the entrepreneur containing the following data:
1) an entrepreneur company;
2) the number in the register of entrepreneurs or records of business activity and the tax identification number (NIP), if the entrepreneur such number has;
(3) the address of the trader;
4) address of the operator's vehicle inspection station;
5) scope of research;
6) the names of the employed diagnosticians together with the numbers of their entitlements.
4. Together with the application the entrepreneur shall make a statement of the following content:
" I declare that:
1) the data contained in the application for entry to the register of entrepreneurs conducting the vehicle inspection station are complete and truthful;
2) I am known to me and meet the conditions for doing business in the scope of driving a vehicle inspection station, as set out in the Act of 20 June 1997. -Right of traffic. '.
5. The statement shall also include:
1) the company of the entrepreneur and his/her place of residence or business address;
2) the designation of the place and the date of the declaration;
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
6. In the register of operators conducting the vehicle inspection station, the data of the entrepreneur referred to in the paragraph shall be placed. 3, with the exception of the address of residence, if it is different from the address of the seat.
7. The Starosta may consent to the placing of the acquired identity characteristics of the vehicle by the vehicle inspection station.
Article 83b. 1. Supervision of the control stations of vehicles shall be exercised by the starosta.
2. In the framework of the performed supervision of the starosta:
1) at least once a year conducts the control of the vehicle control station in the scope of:
a) compliance of the station with the requirements referred to in art. 83 (1) 3,
(b) the regularity of the technical testing of vehicles,
(c) the proper conduct of the required documentation;
2) issue a post-control recommendation and set a deadline for the removal of breaches of the conditions for the pursuit of business activities in the field of driving a
3) issue a decision to ban the operator of a vehicle control station, deleting the entrepreneur from the register of regulated activities, if the entrepreneur:
(a) the statement referred to in Article 83a ust. 4, not in accordance with the facts,
(b) he has not removed breaches of the conditions for the pursuit of his business activities in the pursuit of a vehicle inspection station in the period prescribed by the establishment,
(c) he has grossly breached the conditions for the pursuit of his business activities in the field of driving
3. The Starosta may entrust, by agreement, the control activities to the Director of Transport Technical Inspection.
4. In the event of deletion of an entrepreneur from the register of entrepreneurs conducting a vehicle inspection station, a re-entry to the register of regulated activities in this respect may take place only on the basis and within the time limit set out in art. 72 of the Act of 2 July 2004. the freedom of economic activity. ';
3. in art.84:
(a) paragraphs 2.
" 2. The starosta shall give the authority to carry out technical examinations if the applicant has the required technical education and practice, has received the required training and has passed the qualification examination. ',
(b) after paragraph. 2 The following paragraph shall be added. 2a as follows:
' 2a. The examination referred to in paragraph. 2, shall be carried out on a fee by the Commission appointed by the Director of Transport Technical Inspection. ';
4) in art. 84a w ust. 1:
(a) point 1 shall be replaced by
"1. the detailed requirements for the control stations of vehicles carrying out technical tests within the specified scope;",
(b) the following point 1a is inserted after point 1:
"(1a) specimen of the application for entry in the register of operators operating a vehicle inspection station and a model certificate confirming the trader's entry in that register;",
(c) points 2 and 3 are replaced by the following
" 2. detailed requirements for the diagnosis, the programme for the training of the diagnosis, the rules for conducting the examination referred to in art. 84 (1) 2, and the amount of the examination fee and the models of documents relating to the obtaining of the technical test;
3. the amount of the fees for:
(a) the issue of the certificate referred to in Article 83 (1) 3 point 5,
(b) carrying out technical studies. ";
5. in Art. 86:
(a) paragraphs 1 is replaced by the following
" 1. For the vehicles of the Armed Forces of the Republic of Poland, the Police, the Internal Security Agency, the Intelligence Agency and the Border Guard, which concern the conditions and the registration mode set out in art. 73 (1) 3, as well as to the vehicles of the State Fire Service, shall apply the provisions of art. 83 (1) 1, subject to paragraph. 2. ',
(b) in paragraph. Point 5 shall be replaced by the following:
"(5) the conditions for carrying out technical tests on certain vehicles in vehicle inspection stations;";
6) art. 102 is replaced by:
" Art. 102. 1. The training of the applicant for the right to drive a motorised vehicle or a tram shall be carried out:
1) in the form of a course-at the driver training centre;
2) in the form of school activities for pupils-by the school, in which the curriculum is provided for the acquisition of motor vehicle driving skills.
2. The training centre of the drivers may be carried out by:
1) entrepreneur;
2) military unit-in the scope of training of soldiers for the needs of the Armed Forces of the Republic of Poland;
3) Unit of Interior Ministry-in the field of training of persons for the needs of the Ministry. ';
7) art. 103 is replaced by the following
" Art. 103. 1. The economic activity of operating a driver training centre is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity and requires the entry of an entry in the register of entrepreneurs conducting the driver training centre.
2. The driver training centre may lead an entrepreneur:
1) which has its registered office or place of residence in the territory of the Republic of Poland;
2) in respect of which liquidation has not been opened or failed to be declared bankrupt;
3) who not being legally convicted of a criminal offence committed in order to achieve a property advantage or a crime against the documents-concerns the natural person or members of the bodies of a legal person;
4) which has premises conditions, didactic equipment, room for manoeuvres and at least one vehicle designed to train driving;
5) which guarantees that the training is carried out in accordance with its specific conditions;
6) which employs at least one instructor or himself is an instructor.
3. An authority competent to keep a register of drivers of driver training is an old age competent for the place where the activity covered by the alert has been carried out.
4. Where an entrepreneur performs an economic activity referred to in the paragraph 1, in organisational units located in the area of different counties, shall be obliged to obtain an entry in the separate relevant registers for each of these units.
5. An entry to the register of entrepreneurs conducting the driver training centre shall be carried out at the request of the entrepreneur containing the following data:
1) an entrepreneur company;
2) the number in the register of entrepreneurs or records of business activity and the tax identification number (NIP), if the entrepreneur such number has;
3) the address of the entrepreneur;
4) the address of the driver training centre;
5) the scope of the training provided;
6) the names of the instructors, together with the number of their privileges.
6. Together with the application the entrepreneur shall make a declaration of the following content:
" I declare that:
1) the data contained in the application for entry in the register of entrepreneurs conducting the driver training centre are complete and truthful;
2) I am known to me and meet the conditions for the pursuit of business activities in the field of driving a training centre for drivers, as defined in the Act of 20 June 1997. -Right of traffic. '.
7. The statement shall also include:
1) the company of the entrepreneur and its registered office and address or address of residence;
2) the designation of the place and the date of the declaration;
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
(8) The data referred to in paragraph 1 shall be inserted in the register of operators of the driver training centre. 5, with the exception of the address of residence, if it is different from the address of the seat.
9. The military unit or the unit of the department of internal affairs may conduct training within the scope indicated in the art. 102 (1) 2 points 2 and 3, subject to compliance with the requirements referred to in paragraph 2. 2 point 4.
10. The school may carry out the training referred to in art. 102 (1) 1 point 2, after meeting the requirements referred to in paragraph 1. 2 point 4. ';
(8) Articles shall be repealed. 103a;
9. Article 104 shall be replaced by:
" Art. 104. 1. The starosta issues a decision to ban the entrepreneur of the driver training centre, deleting the entrepreneur from the register of regulated activities, if the entrepreneur:
1) made the declaration referred to in art. 103 (1) 6, not in accordance with the factual situation;
2) he has not removed the breaches of the conditions for the pursuit of the business activity in the scope of running the driver training centre in the designated by the starostia
3) has grossly violated the conditions for the pursuit of economic activities in the field of driving a driver training centre.
2. The crushing breach of the conditions for the pursuit of business activities in the scope of the driving training centre is:
1) training not in accordance with the applicable training programme;
2) issue not in accordance with the state of the factual certificate of completion of training.
3. In the event of deletion of an entrepreneur from the register of entrepreneurs conducting training centres of drivers, a re-entry in the register of regulated activities in this respect may take place only on the principles specified in art. 72 of the Act of 2 July 2004. the freedom of economic activity. ';
10) in art. 105 in the mouth. Point 4 shall be replaced by the following:
"(4) has completed the qualification course;";
11) in art. 108:
(a) paragraphs 1 and 2 are replaced by the following:
" 1. The supervision of the training shall be carried out:
1) an old-in the scope of training carried out by the entrepreneur;
2) the relevant body was subject to the Minister of National Defence competent in matters of transport and movement of troops-in the scope of the training carried out by the military unit;
(3) the competent authority of the department of internal affairs, in respect of the training provided by the body of that ministry;
(4) the competent authority for the exercise of pedagogical supervision, in the field of training provided by the school.
2. The supervising authority may in particular:
1) control the documentation and activities related to the training;
2) set a deadline for the removal of breaches of operating conditions. ",
(b) the following paragraph is added 3 as follows:
" 3. In the case of reasonable doubt as to the knowledge and skills of an instructor, the starosta may refer it to the examination referred to in art. 105 (1) 2 point 5:
1) ex officie;
2) at the request of the supervising authority referred to in paragraph. 1 (2) to (4). ';
12) in art. 110 in the mouth. Point 6 shall be replaced by the following:
"6) completed the qualification course in the provincial road traffic centre;";
13) in art. 115 in the mouth. 1. the following point 5 is added:
"(5) specimen of the application for entry in the register of operators of driver training centres and a model certificate confirming the trader's entry in that register.";
14) in art. 124 (1) 3.
" 3. The studies referred to in paragraph 1. 1 and 2, shall be carried out by an authorized psychologist in a psychological workshop. ';
15) art. 124a is replaced by the following:
" Art. 124a. 1. The economic activity in the field of running a psychological worker is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. on the freedom of economic activity and requires the entry of an entry in the register of entrepreneurs carrying out a psychological worker.
2. A psychological worker may lead an entrepreneur who:
1) has its seat or place of residence on the territory of the Republic of Poland;
2) has a set of methods of research specific methods and locality conditions guaranteeing the execution of psychological examinations in accordance with the standards specified in the methodology;
3) employs a psychologist entitled to the adjudication or himself is an authorized psychologist;
4) is not an entrepreneur in respect of which liquidation has been opened or bankruptcy has been declared.
3. The competent authority for the establishment of a register of entrepreneurs carrying out a psychological worker shall be the competent authority due to the establishment of the entrepreneur or the place of residence of the qualified psychologist.
4. Where an entrepreneur performs an economic activity referred to in the paragraph 1, in the organizational units located in the area of different voivodships, it is obliged to obtain an entry in the separate relevant registers for each of these units.
5. An entry to the register of entrepreneurs conducting a psychological worker shall be carried out at the request of the entrepreneur containing the following data:
1) an entrepreneur company;
2) the number in the register of entrepreneurs or records of business activity and the tax identification number (NIP), if the entrepreneur such number has;
3) address of residence or place of establishment;
4. the address of the psychological worker;
5) the scope of the research conducted;
6) the names of the psychologists employed together with the numbers of their entitlements.
6. Together with the application the entrepreneur shall make a declaration of the following content:
" I declare that:
1) the data contained in the application for entry in the register of entrepreneurs conducting the psychological studio are complete and truthful;
2) I am known to me and I meet the conditions for the pursuit of business activities in the scope of conducting a psychological worker, as defined in the Act of 20 June 1997. -Right of traffic. '.
7. The statement shall also include:
1) the company of the entrepreneur and its registered office and address;
2) the designation of the place and the date of the declaration;
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
8. The data referred to in paragraph 1 shall be inserted in the Register of Entrepreneurs running a psychological worker. 5, with the exception of the address of residence, if it is different from the address of the seat.
9. Psychologist authorized to perform the psychological examinations referred to in art. 124 (1) 1 and 2, conducting psychological tests and adjudicating on the ability to drive motor vehicles is a person who:
1) has the right to exercise the profession of a psychologist;
2) has completed postgraduate studies in the field of transport psychology run by a higher school with the right to issue master's degrees of psychology;
3) she was not convicted of a final judgment of the court for a crime against documents or a crime committed in order to achieve the property benefits;
4) has been entered in the records of psychologists entitled to perform psychological examinations.
10. The Ewidence of psychologists entitled to perform psychological research in the field of transport psychology conducts the water, which:
1. shall be entered in the records for a person meeting the conditions laid down in the paragraph. 9 points 1 to 3;
2) issue a certificate of entry;
3) assign a registration number.
11. In the records referred to in paragraph. 10, the following data shall be inserted:
1. the registration number;
2) name and surname and PESEL number;
3. address of residence. ";
16) in art. 124b:
(a) paragraphs 2.
" 2. In the framework of the surveillance exercise, the water shall:
1) conducts control in the scope of:
(a) the principles and methodology of the research conducted,
(b) the required and ongoing documentation,
(c) decisions to be issued,
(d) local conditions;
2. in the event of a finding of infringements of the operating conditions, it may set a time limit for their removal. ",
(b) paragraphs 3.
" 3. The wojewoda shall issue a decision prohibiting the conduct of a psychological worker by the entrepreneur, deleting the trader from the register of regulated activities, if the trader:
1) made the declaration referred to in art. 124a (1) 6, not in accordance with the factual situation;
2) he has not removed the breaches of the conditions for the pursuit of his business activities in the scope of running a psychological worker within the prescribed time limit;
3) has grossly breached the conditions for the pursuit of economic activities in the field of the conduct of the psychological worker. ",
(c) after paragraph. 3 The paragraph shall be added. The following shall be added:
' 3a. A gross breach of the conditions for the pursuit of an economic activity in relation to the conduct of a psychological worker is to issue a psychological decision that is not in a factual situation. ',
(d) paragraph 4.
" 4. In the event of the deletion of the trader from the register of entrepreneurs carrying out a psychological worker, the re-entry in the register of regulated activities in this respect may take place only in accordance with the rules and within the time limit laid down in the Article. 72 of the Act of 2 July 2004. the freedom of economic activity. ';
17) in art.125:
(a) point 2 shall be replaced by
"(2) a detailed mode of obtaining and withdrawing the powers to carry out psychological examinations and adjudications on the ability to drive vehicles;",
(b) the following point 4a is inserted after point 4:
"4a) model of the application for entry in the register of entrepreneurs operating a psychological worker and a model certificate confirming the entrepreneur's entry into that register;".
Article 23. [ The Act on the National Court Register] In the Act of 20 August 1997. o National Court Register (Dz. U. of 2001. No 17, pos. 209, of late. 1. 23) ) the following amendments shall be made:
1) in art. 19a after the mouth. 3 The paragraph shall be added. The following shall be added:
' 3a. The provisions of the paragraph 3 shall apply mutatis mutandis to the application for the entry of the tax identification number, which shall be given on the basis of the rules on the rules on the records and identification of taxable persons and payers, hereinafter referred to as "NIP number". ';
2. (repealed);
3) in art. 34 par. 1 is replaced by the following
" 1. The entities entered in the Registry shall be obliged to place, in written declarations, directed, within the scope of their activity, to designated persons and bodies, the following data:
1) company or name,
2) the designation of the legal form of the performed business
(3) seat and address,
4) the NIP number. '.
4) in art. In point 1, the following point shall be added. h in the following:
"(h) the NIP number,";
5) art. 86 is amended as follows:
" Art. 86. Whenever provisions other than those mentioned in this Chapter are referred to in this chapter, the register: commercial, state-owned enterprises, associations, foundations, shall be understood by the National Court Register. '
Article 24. [ Law on the protection of persons and property] In the Act of 22 August 1997. on the protection of persons and property (Dz. U. No 114, pos. 740, with late. 1. 24) ) the following amendments shall be made:
1) after art. 17 The following Article shall be inserted. 17a as follows:
" Art. 17a. The licensing authority may refuse to grant a concession or limit its scope in relation to a request for a concession or refuse to modify the concession:
1) when the trader does not meet the conditions laid down in the Act on the performance of the activity covered by the concession,
2) due to the threat of defence and security of the State and the security or personal goods of citizens,
3) an entrepreneur who has, in the last three years, withdrawn the concession for the activities specified by the law on the grounds mentioned in art. 22 par. 1 point 1, paragraph 1. 2 and 3, or the entrepreneur represents a person who was a person entitled to represent another entrepreneur or was her proxy established to direct the activity specified in the concession, and its activities resulted in a decision the revocation of the operator's concession,
4) an entrepreneur who has, in the last three years, removed from the register of regulated activities because of the submission of a statement incompatible with the factual situation,
(5) where liquidation was opened or bankruptcy was opened in relation to the trader. ';
2. in Art. 18:
(a) in paragraph. 1:
-point 1 is replaced by the following:
"(1) the trader's business, his registered office and address, or his address,",
-the following point 1 shall be inserted after point 1:
"1a) the number in the register of entrepreneurs or records of business activity and the tax identification number (NIP),",
(b) paragraphs 3.
" 3. The trader shall report to the concession authority the changes in the data referred to in paragraph 1. 1 points 1 and 1a, paragraph 1. 2 and 4. ';
3. Article 22 is replaced by the following
" Art. 22. 1. The licensing authority shall revoke, by way of an administrative decision, a concession for the pursuit of an economic activity in respect of the protection of persons and property, if:
1) a final decision was issued which prohibits the economic operator of the business activity covered by the concession,
2) the trader did not take within the prescribed period of the activity covered by the concession despite the call of the concession authority or permanently ceased the pursuit of the economic activity covered by the concession.
2. The concession authority shall revoke the concession or alter its scope, where the operator:
1) within the prescribed period did not remove the factual or legal status which was not in accordance with the conditions set out in the concession or with the rules governing the economic activity covered by the concession,
2) grossly violate the conditions specified in the concession or other conditions for the exercise of the concessionary business activity, defined by the provisions of law.
3. The concession authority may withdraw the concession or change its scope due to the threat of defence and security of the State or the security of the citizens, and in the event of the bankruptcy of the entrepreneur. ";
4. Article 24 is replaced by the following
" Art. 24. In the award of concessions, the refusal to grant concessions, the modification of concessions, the revocation of concessions, the limitation of the scope of concessions and the control of economic activities in respect of the protection of persons and property, which are not governed by this Act, apply the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807). '
Article 25. [ Law on court bailiers and executions] In the Act of 29 August 1997. with court bailiers and executions (Dz. U. Nr 133, pos. 882, with late. 1. 25) ) art. 3a is replaced by the following
" Art. 3a. The self-employed comorator shall carry out the activities referred to in Article 4. 2. '
Article 26. [ Banking law] In the Act of 29 August 1997. -Banking law (Dz. U. of 2002. Nr 72, pos. 665, of late. 1. 26) ) in Article 4 in the mouth. Points 16a and 16b are replaced by the following:
" 16a) entrepreneur-entrepreneur referred to in art. 4 par. 1 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807),
16b) foreign entrepreneur-foreign entrepreneur within the meaning of art. 5 point 3 of the Act referred to in point 16a, '.
Article 27. [ Tax Ordinance] In the Act of 29 August 1997. -Tax Ordinance (Dz. U. Nr. 137, pos. 926, with late. 1. 27) ) the following amendments shall be made:
1) in art. 3 point 9 is replaced by the following:
' (9) business activity, it shall mean any gainful activity within the meaning of the provisions on the freedom of establishment, including the pursuit of a profession, and any other gainful activity carried out in its own name and on the basis of own or selfemployed persons, even when other laws do not pass this activity to an economic activity or a person performing such activities, to entrepreneurs. ';
2. Article 14-14c are replaced by the following:
" Art. 14. § 1. Minister responsible for public finance:
1) exercise general supervision in tax matters,
2) seeks to ensure the uniform application of tax law by the tax authorities and treasury control bodies, in particular by making its interpretation, taking into account the case-law of the courts and the Constitutional Court or the European Court of Justice, The Court of Justice.
§ 2. The Interpretations, referred to in § 1 item 2, are any explanation of the contents of the applicable tax law, addressed to the tax authorities and tax inspection bodies, concerning the problems of tax law, subject to § 4. The interpretations, including their changes, shall be published in the Official Journal of the Minister of Finance.
§ 3. The application by the taxable person, the payer or the other person, as well as the legal successor or the third party responsible for the tax arrears to the interpretation referred to in paragraph 1 (2), shall not be detrimental to them. To the extent that the taxable person, the payer or the other legal successor or the third party responsible for the tax arrears of the taxable person does not specify or does not determine the tax liability for the purposes of the interpretation, the period until the date of its repeal or amendment, as well as:
1) does not establish an additional obligation within the meaning of the provisions on tax on goods and services,
2) not to initiate proceedings in cases of treasury or treasury offences, and the proceedings instituted in these cases shall be redeemed,
3) other sanctions resulting from tax laws and fiscal criminal laws shall not be applied.
§ 4. The Minister responsible for public finance does not interpret the provisions of the tax law on individual cases of taxpayers, payers or incements.
Art. 14a. § 1. According to its property, the chief of the tax office, the chief of the customs office or the mayor, the mayor (the mayor of the city), the starosta or the marshal of the voivodship at the written request of the taxpayer, the payer or the incassent have the obligation to give written interpretation of the scope and manner of application of tax law in their individual cases, in which there is no tax procedure or tax control or proceedings before the administrative court.
§ 2. The application referred to in § 1 shall be submitted to the competent warden of the tax office, the chief of the customs office or the mayor, the mayor (the president of the city), the starosty or the Marshal of the voivodship. When submitting the application, the taxable person, the payer or the incassation shall be obliged to provide the factual situation and his/her own position on the matter.
§ 3. The interpretation referred to in paragraph 1 shall include an assessment of the legal position of the questioner with the provisions of the law.
§ 4. The interpretation of the scope and manner of application of the tax law referred to in paragraph 1 shall be subject to the provisions in respect of which the complaint may be granted.
§ 5. The provisions of Article 1 shall apply mutatis mutandis to the application of the application referred to in paragraph 1. 169 § 1 and 2 and art. 170 § 1, of that, where the application is not completed within the prescribed period, the provisions of Article 1 shall not apply. 14b § 3.
Article 14b. § 1. Interpretation referred to in art. 14a § 1 shall not be binding on the taxable person, the payer or the payment of the person concerned. However, where a taxable person, a payer or an incassent has complied with that interpretation, the authority may not issue a decision determining or fixing their tax liability without amending or repealing the provision referred to in Article 4. 14a § 4, if such a decision would be incompatible with the interpretation contained in that provision.
§ 2. Interpretation referred to in art. 14a § 1 shall be binding on the tax authorities and treasury control authorities competent for the applicant and may be amended or repealed only by decision, in accordance with the procedure laid down in paragraph 5.
§ 3. If the body does not issue the order within 3 months from the date of receipt of the request referred to in Article. 14a § 1, it is considered that the body is bound by the position of the taxpayer, the payer or the incassation included in the application. The provisions of § 5 shall apply mutatis mutandis.
§ 4. In cases justified by the complexity of the matter, the time limit referred to in § 3 may be extended to 4 months. The extension of the deadline shall be notified to the appellant.
§ 5. The review body shall either amend or repeal the order referred to in Article. 14a § 4:
(1) if it considers that a complaint lodged by a taxable person, a payer or an incubator is worthy of consideration, or
2) ex officiate, if the order blatantly violates the law, the case law of the Constitutional Tribunal or of the European Court of Justice, including if the illegality is the result of a change of rules.
The amendment or repeal of the order shall take effect from the settlement of the tax for the month following the month in which the decision is served on the taxable person, the payer or the other person, and where the amendment or repeal of the order relates to taxes. cleared for the tax year-starting from the tax settlement for the year following the year in which the decision was served on the taxable person, the payer or the inerent.
§ 6. Implementation of the decision referred to in § 5 shall be subject to the cessation of the time limit for bringing a complaint to the administrative court, and if the decision is lodged with the administrative court-pending the termination of the proceedings before the court administrative. The cessation of the execution of a decision shall not deprive the taxable person, the payer or the inerent of the right to execute such a decision.
§ 7. The final provisions and decisions concerning the interpretation of the scope and application of tax law on individual cases shall be published on the website of the competent tax chamber or the customs chamber, respectively, without administration. the identity of the taxable person, the payer or the inerent. Mayor, Mayor (President of the City), starosta or marshal of the voivodship interpretations regarding the scope and application of tax law in individual cases shall immediately send to the competent director of the tax chamber, the purpose of their insertion on the website of the Treasury Chamber.
Article 14c. The application of the taxable person, the payer or the person concerned to the interpretation referred to in Article 14a § 1, he cannot harm him. To the extent that the taxable person, the payer or the other is used for the interpretation of the application, he or she shall not determine whether or not to set a tax obligation for the period of effect referred to in Article 4. 14b § 5, second sentence, as well as:
1) does not establish an additional obligation within the meaning of the provisions on tax on goods and services,
2) not to initiate proceedings in cases of treasury or treasury offences, and the proceedings instituted in these cases shall be redeemed,
3) other sanctions resulting from tax laws and fiscal criminal laws shall not be applied. ";
3) after art. 14c Article 14c is added. 14d as follows:
" Art. 14d. The provisions of Article 4 14a-14c shall apply mutatis mutandis to the legal successor of the taxpayer as well as to the third party responsible for the tax arrears. ';
4) after the art. 274b Article shall be inserted. 274c as follows:
" Art. 274c. § 1. The tax authority, in connection with tax proceedings or tax control, may require the counterparties to carry out the economic activities of the presentation of the documents, to the extent that they are subject to control by the taxable person, to check the their correctness and reliability. A protocol shall be drawn up from those operations.
§ 2. If the place of residence, the seat or the place of execution of the activities of the controlled counterparty are outside the area of operation of the authority carrying out the control, the activities referred to in § 1, upon the request of that body may also make the competent local authority. ';
5) after art. Article 281 is inserted. 281a, as follows:
" Art. 281a. Taxpayers, payers, insurer and legal successors may, in writing, appoint a natural person who will be authorised to replace them during the tax check, and report that person to the Head of the IRS competent in the case income tax. ';
6) in art. 282a § 2 is replaced by the following:
§ 2. The provision of § 1 shall not apply if the tax control is necessary for the conduct of the proceedings in:
(1) the annulment, revocation, repeal or amendment of a final decision or a resumption of proceedings in a final decision;
2) a connection with the annulment or annulment of the decision by the administrative court. ";
7) in art. 283 in § 2:
(a) the following point 1a is inserted after point 1:
"(1a) an indication of the legal basis,",
(b) point 3 shall be replaced by
"(3) the identity card number of the controlling (inspection) service,",
(c) points 6 and 7 are replaced by the following
" (6) the start date and the expected date of completion of the inspection,
(7) the signature of the person granting the authorisation, stating his position or function, ';
8) art. 284 is amended as follows:
" Art. 284. § 1. Initiation of tax control, subject to § 4 and art. 284a § 1, shall be effected by the controlled service or the person referred to in Article 1. 281a, the authorisation to carry out it and the presentation of the service card. A controlled person shall be obliged to indicate the person who will be replaced during the check during his/her absence if he has not indicated that person in an Article mode. 281a.
§ 2. If a controlled legal person or an organizational unit without legal personality is controlled, the authorisation shall be served and it shall be shown to the member of the management board, the partner, the other person authorized to represent the controlled or to conduct his or her cases or to a person designated in the art mode. 281a.
§ 3. In the event of the absence of the controlled or the persons referred to in § 2 or in Art. 281a, the auditor shall notify the controlled person or the person indicated in the art mode. 281a of the obligation to appear at the place of inspection the following day after the expiry of 3 days from the date of notification of the notification.
§ 4. In case of non-failure of the controlled or the person referred to in art. 281a, within the time limit referred to in paragraph 3, the initiation of an inspection shall take place on the date of expiry of that period. The authorization to control shall be served on the controlled or the person referred to in Article 281a, when it becomes in place of control.
§ 5. Where, by the absence of a controlled person, the person referred to in Article 281 a or in art. 284 (1), second sentence, and (2), it is not possible to carry out checks and, in particular, access to documents relating to the subject matter of the control is not ensured, the check shall be suspended until such time as those operations are to be carried out.
§ 6. The period of suspension referred to in paragraph 5 shall not be included in the duration of the check. ';
9) in art. 284a § 1 and 2 are replaced by the following:
" § 1. Where the factual circumstances justify immediate control, the tax control may be initiated upon presentation of the service card to the inspected or the person referred to in Article 4. 281a, or to the person referred to in Article § 2.
§ 2. In the case referred to in paragraph 1, to the controlled person or to the person referred to in Article 281a, or to the person referred to in Article 284 § 2 shall be without undue delay, but not later than 3 days from the date of the initiation of the inspection, to serve the authorization to carry out the checks. ';
10) in art. 285 § 3 is replaced by the following:
" § 3. Where, in the course of a controlled inspection or a person representing him, they are absent and there is no indication of the person authorised in accordance with the provisions of Article 4 (1) 281a or 284 (1), second sentence, inspection activities shall be carried out in the presence of the witness referred to. A witness shall, as far as possible, be a controlled worker, a person performing a controlled task or a public service officer. ';
11) in art. 286 in Paragraph 1, point 4 is replaced by the following:
"(4) requests for access to records, books and documents of any kind relating to the subject matter of the inspection and to the drawing up of copies, copies, extracts, notes, printouts and documented data collection in electronic form,";
12. Articles shall be repealed. 288a;
13) art. 289 is amended as follows:
" Art. 289. § 1. A controlled person, a person representing him or a person indicated in an art mode. 281a or in art mode. The second sentence of Article 284 (1) shall be notified of the place and date of proof of the witness's testimony, of the experts ' opinions at least three days before the date on which they were to be carried out, and the proof of the examination shall be made no later than immediately prior to the taking up of those acts.
§ 2. The provision of § 1 shall not apply, if the controlled, the person representing him or by him is indicated in the art mode. 281a or in art mode. The second sentence of Article 284 (1) is not present and the circumstances of the case justify the immediate execution of the proof. ';
14) in art. 291 § 4 is replaced by the following:
" § 4. The check shall be completed on the date of service of the audit protocol. '
Article 28. [ Law on tourist services] In the Act of 29 August 1997. about tourist services (Dz. U. of 2001. Nr 55, poz. 578, of late. 1. 28) ) the following amendments shall be made:
1. 1 is replaced by the following
" Art. 1. The Act sets out the conditions for the provision by entrepreneurs of tourist services on the territory of the Republic of Poland, and also abroad, if the agreements with clients for the provision of these services are concluded on the territory of the Republic of Poland. ";
2. Article shall be repealed. 1a;
3) in art. 3. the following point 14 is added:
" 14) entrepreneur-entrepreneur and foreign entrepreneur within the meaning of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807). ';
4. Chapter 2 is replaced by the following:
' Chapter 2
Tourism organizers, mediators and tourist agents
Article 4. 1. Economic activity in the area of organizing tourist events and mediating on behalf of clients in concluding contracts for the provision of tourist services is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. on the freedom of economic activity and requires the entry of an entry in the register of tour operators and tour operators, hereinafter referred to as 'the register'.
2. The regulated activities referred to in paragraph 2. 1, is not an economic activity of tourist agents, consisting of a permanent mediation in the conclusion of tourist services contracts in favour of the organizers of tourism holding an entry in the register, or in favour of other service providers established in the country.
Article 5. 1. An entrepreneur performing an economic activity in the field of organizing tourist events and mediating on behalf of clients in concluding contracts for the provision of tourist services is obliged to meet the following conditions:
1) ensure that the activities of the company and the activities of its organizational units are carried out by the persons themselves:
(a) having the appropriate education and practice referred to in Article 3 (1) (a), 6 para. 1 and 2,
(b) unpunished for offences against health and life, the reliability of the documents, the property and against the economic turnover,
2. include:
(a) a bank guarantee or insurance contract, or
(b) insurance contract for clients
-to cover the cost of returning the customer to the country where the tour operator or tourism intermediary does not ensure that return is not ensured by the tourism operator and also to cover the reimbursement of the payments made by the clients in the event of default contractual,
3. submit the originals of the documents confirming the conclusion of subsequent contracts of guarantee or insurance referred to in point 2 before the expiry of the period of validity of the previous agreement.
2. An entrepreneur who is an organiser of tourism or a tourist intermediary who, in the course of his activity, simultaneously acts as a tourist agent, is obliged:
1) carry out activities only in favour of tourism organizers entered in the register,
2) in the contract concluded with the client to indicate unambiguable the proper organizer of tourism, which he represents,
3) act on the basis of a valid agency contract.
3. The obligation to hold a guarantee or an insurance contract referred to in paragraph. Article 1 (2) covers the whole period of performance of the activity.
4. The content of the guarantee or insurance contract referred to in the paragraph. In accordance with Article 1 (2), an authorisation shall be granted to the wojewater or the body designated by him to issue an advance payment to cover the cost of returning the customer to the country.
5. The Wojewoda shall be entitled to apply to clients in cases of payment of funds under the bank guarantee contract, insurance guarantee contract or insurance contract, on the terms specified in the content of these agreements.
6. From the sum specified in the bank guarantee agreement, the insurance guarantee contract or the insurance contract shall cover in the first order the costs of bringing to the country of the clients referred to in the paragraph. If the remaining sum of the guarantees is insufficient for the reimbursement of all payments made by the clients, the payment shall be reduced in proportion to the amount of the remaining amount.
Article 6. 1. Activities related to the organisation of tourist events and brokering activities in the conclusion of tourist services agreements referred to in art. 4 par. 1, may direct persons holding:
1) year of practice in service of tourists and completed studios higher with the range of tourism and recreation, law, economics or management and marketing,
2) 2 years of experience in the operation of tourists and the completed secondary school with a range of tourist services or completed higher education other than those mentioned in point 1,
3) 4 years of trainee practice and completed secondary school other than those mentioned in point 2,
4) 6 years of experience in handling tourists, in other cases.
2. For the practice in the handling of tourists referred to in the mouth. 1, the independent exercise of economic activities in the area of organizing tourist events or brokering activities in the conclusion of tourist services contracts, management of tourist events, work on the forms related to the preparation and conclusion of contracts for the provision of tourist services, the preparation of programmes for tourist events, as well as the performance of tourist guide tasks and the pilot of excursions.
3. The confirmation of the practice referred to in paragraph. 2, there is a certificate of entry in the records of business activity or a certificate issued by an organization unit entrusting the interested task with the use of tourists.
Article 7. 1. The competent authority to keep the register shall be the competent authority for the establishment of the trader and, in the case of a foreign entrepreneur, the charitable body of his choice, subject to the provisions of the paragraph. 2.
2. In the case of a foreign entrepreneur who established a branch in the territory of the Republic of Poland in accordance with the provisions of the Act of 2 July 2004. of the freedom of economic activity, the competent authority to keep the register shall be the competent authority for the establishment of the branch.
3. The item in the register shall be made at the request of the entrepreneur, containing the following data:
1) the company of the entrepreneur, its registered office and address, and in the case where the entrepreneur is a natural person-the address of residence,
2) the tax identification number (NIP), if the trader has such a number,
3) determining the object of the activity,
4) determining the territorial scope of the activity pursued (the area of the country, European countries or non-European countries),
5) an indication of the main place of execution of the activity covered by the register and the branches,
6) the names of persons authorized to direct the business of the entrepreneur and the activity of his branches.
4. The entrepreneur's application shall include the original of the contract referred to in art. 5 par. 1 point 2, and a declaration of the following:
" I declare that:
1) the data contained in the application for entry to the register of organizers of tourism and tourist intermediaries are complete and in accordance with the truth,
2) I am known to me and meet the conditions for the pursuit of activities in the field of organizing tourist events and to broker a client order in concluding tourist service contracts, as defined in the Act of 29 August 1997. o tourist services. '.
5. The statement shall also include:
1) the company of the entrepreneur and its registered office and address,
2) the indication of the place and date of submission of the statement
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
6. The entry in the register shall include the data referred to in the paragraph. 3, with the exception of the address of residence, if it is different from the address of the seat.
7. The register is overt.
8. The register may be carried out in the IT system.
Article 8. 1. The wojewoda shall send a copy of the certificate of entry to the register and copies of the documents referred to in art. 5 par. 1 point 2, Minister responsible for tourism.
2. The Minister responsible for Tourism, on the basis of copies of the documents referred to in paragraph. 1, operates the Central Register of Tourism and Tourism Intermediaries, hereinafter referred to as "Ewidentation".
3. The entry for the Ewision referred to in the paragraph. 2, shall be made ex officio, on the basis of copies of the documents referred to in paragraph. 1.
4. Within the framework of the Ewisions, the lists shall also be carried out:
1) entrepreneurs, who have been deleted from the register,
2) entrepreneurs who performed an activity without the required entry in the register.
5. The basis for listing in the lists referred to in paragraph 1. 4, is the final decision of the wojewater about the prohibition of doing business, referred to in art. 71 of the Act on the freedom of economic activity, or a statement of the execution of an activity without the required entry in the register.
6. the lists referred to in paragraph 1. 4, an indication shall be made of the period within which 3 years have elapsed from the date on which the entry in the register has been deleted or the decision of the competent authority to determine the performance of the activity without entry in the register has been decided upon.
7. From the lists referred to in paragraph. 4, the entrepreneur shall be removed after 3 years from the date of the final decision to prohibit the execution or to state the performance of the activity without the required entry in the register.
(8) The Minister responsible for tourism, by means of a regulation, shall determine the organisation, the detailed means of carrying out the Ewision and the mode of providing information on the data covered by the alert, taking into account, in particular, documents and data on the basis of which enter the entry into the Ewidena.
9. The Wojewoda provides information about the data contained in the register on the rules established for the Ewision.
Article 9. 1. The minister responsible for tourism and the water shall be authorised to control the economic activity carried out by the business operator, in the following areas:
1) compliance with the facts of the data contained in the statement referred to in art. 7 ust. 4,
2) the conformity of the activity carried out with the obtained entry to the register,
3) compliance with the conditions for the pursuit of economic activities as defined by
4) the conformity of the performed business with the concluded agency agreements,
(5) observance of the conditions for the pursuit of economic activities by the economic operators who have been commissioned by the agents concerned.
2. In the event of a declaration by the Minister responsible for tourism as a result of the checks referred to in paragraph. 1, deficiencies in the way in which economic activities are performed, it shall apply to the competent authority to take appropriate action.
3. The wojewoda shall issue an administrative decision on the statement of the performance of the business activity referred to in art. 4 par. 1, without the required entry in the register and the prohibition of the pursuit of the business activity covered by the entry in the register for a period of 3 years.
4. The decision referred to in paragraph. 3, shall include in particular:
1) entrepreneur company,
2) the name and date of birth of the person or persons authorized to direct the business of the entrepreneur,
3) the date on which the activity was established without the required entry in the register.
Article 10. 1. The Minister responsible for financial institutions shall determine, by means of a regulation, the minimum amount of the guarantees referred to in Article 4. 5 par. 1 point 2 (a) (a) taking into account the scope and type of activity pursued by the tour operators and tour operators.
2. The minister competent for financial institutions in agreement with the minister competent for tourism, after consulting the Polish Chamber of Insurance, will determine, by means of the regulation, the detailed scope of the compulsory insurance, the in Article 5 par. 1 point 2 (a) (b), the time limit for the establishment of the insurance obligation and the minimum guarantee sum, taking into account in particular the specificity of the activity pursued and its scope.
Art. ' 10a. A flagrant violation of the operating conditions shall be:
1) concluding contracts with clients without prior conclusion of the contract referred to in art. 5 par. 1 point 2,
(2) failure to submit the original of the original document referred to in Article 4 (2). 5 par. 1 point 2,
3) failure to comply with the obligations of the entrepreneur as defined in Chapter 3 of the Act,
4) entrusting the tour operator with the task of a tourist guide or a pilot excursion to an unauthorised or unfamiliar language, referred to in art. 31, or without a current medical certificate, that there is no contraindication to the performance of a tour guide or a tour pilot issued in accordance with the provisions set out in the Article. 23 (1) 1,
5. the use and reference of a registered entry in the register, in order to mislead the customers as to the actual nature of their activities, when selling the right to use the building or the premises accommodation at the designated time in each year,
6. carrying out activities outside the territorial scope set out in the application.
Article 10b. An entrepreneur who is facing clients as a tourist agent who:
1) contracts concluded with customers does not clearly indicate the proper organizer of tourism to which it represents, or
2) acts as an agent of the organizer of tourism, who is not entitled to enter into contracts with clients on the territory of the Republic of Poland, or
3) works without a valid agency contract or exceeds its scope
-it shall be considered as an organiser of tourism operating without the required entry in the register of activities of tour operators and tourist intermediaries. ';
5. in Art. 14 in the mouth. Point 1 shall be replaced by the following:
" (1) the organizer of tourism and the number of its entry in the register referred to in Article 4 (1), and the tax identification number (NIP), as well as the name and function of the person who signed the contract on his behalf, ';
6. 15;
7) in art. 30 par. 1 is replaced by the following
" 1. The organizers of tourism, subject to the obligation to obtain an entry in the register, organising trips in the country and abroad, involving at least 10 persons implementing the joint programme, shall be obliged, if the contract does not provide otherwise, provide participants:
1) excursions in the country-tourist guide services and the care of the tour pilot,
2) tour abroad-the care of the tour pilot
-having the appropriate powers. ';
8) in art. 35 after the mouth. 2 The following paragraph shall be added. 3 as follows:
" 3. Other facilities in which hotel services may be provided are also considered to be rented by farmers and rooms for the setting of tents in their farms, if these facilities meet the minimum requirements for the the equipment referred to in Article 45 point 4, and the requirements set out in paragraph 45. 1 point 2. ';
9) in art. 38 par. 3.
" 3. Records of the objects referred to in Article 35 par. 2 and 3, lead the mayor (mayor, president of the city) due to their location. ";
10) in art. 45 point 4 is replaced by the following:
" 4. Minimum requirements as to the equipment of the facilities providing the hotel services referred to in Article 4. 35 par. 2 and 3, ';
11) after art. Article 51a is inserted. 51b, as follows:
" Art. 51b. In cases not covered by this Act, for the purpose of carrying out the economic activities referred to in Article 4. 4 par. 1, the provisions of the Act of 2 July 2004 shall apply. about the freedom of economic activity. ".
Article 29. [ Law on the Administration of Defence with Foreign Services] In the Act of 11 December 1997. about the administration of a turnover with a foreign service (Dz. U. Nr. 157, pos. 1026, with late. 1. 29) ) the following amendments shall be made:
1. the title of Chapter 3 is replaced by the following
'Restrictions on trade in services from abroad';
2. Article shall be repealed. 23;
3) in art. 26 par. 1 is replaced by the following
" 1. The authority responsible for administering the services shall issue licences for the marketing of services abroad, if a list is established in accordance with Article 4. 24 ust. 2. '
Article 30. [ Law on Social Security System] In the Act of 13 October 1998. o Social Security System (Dz. U. Nr. 137, pos. 887, as late. 1. 30) ) the following amendments shall be made:
1) in art. 89:
(a) paragraphs 1 is replaced by the following
" 1. The control officer of the Department shall initiate the control of the payer's contributions upon presentation of the service card and after service of the authorization to carry out the checks. ',
(b) after paragraph. 1 The paragraph shall be added. 1a as follows:
' 1a. The authorisation referred to in paragraph 1. 1, shall include at least:
1) an indication of the legal basis,
2) designation of the organizational unit of the Plant,
(3) the date and place of issue,
4) the name and surname of the control inspector of the Department and the number of his official ID card,
5) the designation of a controlled contributor of premiums,
6) indication of the date of commencation of the inspection and the expected date of completion of
(7) the scope of the control,
(8) the signature of the person granting the authorisation, stating the position or function of the person concerned,
9) lecture on the rights and obligations of the controlled contributor of premiums. ",
(c) paragraphs 2 and 3 are replaced by the following:
" 2. The date of initiation of the inspection shall be the day on which the payer's authorised payment of the authorisation is served.
3. In the absence of the payer of contributions, the audit may be initiated upon presentation of the documents referred to in the paragraph. 1, the person authorised to represent or pursue the payment of contributions. Such acts shall be drawn up in the minutes and shall be served immediately by the payer. ';
2. in Art. 91 in the mouth. 1:
(a) point 5 shall be replaced by
"(5) the duration of the check, specifying the date of the initiation and the completion of the inspection, and with the timing of the day of interruption of the inspection,",
(b) the following point 10 is added after point 9:
"10) information on the entry to the audit book."
Article 31. [ Code of Treasury] In the Act of 10 September 1999 -The Code of Treasury (Dz. U. Nr. 83, pos. 930, of late. 1. 31) ) art. 106d is replaced by the following:
" Art. 106d. Who carries out an economic activity consisting in buying and selling foreign exchange values and intermediation in their purchase and sale without registration in the register of canton activities or contrary to the provisions of the Act,
shall be punished by the fine up to 720 daily rates or the imprisonment of the year, or both of these penalties. '
Article 32. [ Business law] In the Act of 19 November 1999. -Law of economic activity (Dz. U. Nr 101, pos. 1178, with late. 1. 32) in Article 7a after the mouth. 1 The paragraph shall be added. 1a as follows:
' 1a. For the foreign persons referred to in art. 4 par. 2 of the Act of 27 July 2002. the principles and conditions of entry and residence of citizens of the Member States of the European Union and members of their families on the territory of the Republic of Poland (Dz. U. No 141, pos. 1180, 2003 No. 128, pos. 1175 and 2004 Nr 96, pos. 959), undertaking an economic activity in the territory of the Republic of Poland, the property of the local municipality for the registration purposes shall be determined according to the place of execution of this activity in the territory of the Republic of Poland. ".
Article 33. [ The Law on the Treasury fee] In the Act of 9 September 2000. of the tax charge (Dz. U. Nr 86, pos. 960, of late. 1. 33) ) the following amendments shall be made:
1) in art. 2 in the mouth. 1. the following point 8a is added:
'8a) applications and annexes to applications and certificates in respect of direct payments to agricultural producers,';
2. in the table annexed to the Act-Part II, the official actions and Part IV of the Permits are replaced by the text set out in the Annex to this Act.
Article 34. [ Law on building blocks] In the Act of 16 November 2000. about the building blocks and the change of the Civil Code, the Code of Civil Procedure and other laws (Dz. U. No 114, pos. 1191) is amended as follows:
1. the title of Chapter 2 is replaced by the following
'Economic activity in the pursuit of the establishment of undertakings';
2. Article 3.
" Art. 3. 1. The business activity of operating a storage company is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) and requires the entry of an entry in the register of the constituent companies, hereinafter referred to as "the register".
2. A component company may lead an entrepreneur:
1) being a natural person, a public company, a limited partnership, a limited liability company, a limited liability company, a joint-stock company, a state-owned company or a cooperative society,
(2) in respect of which or in respect of which the parent undertaking has not been declared bankrupt or has not been wound up against it,
3) having warehouses, premises and technical equipment meeting the conditions laid down in the provisions issued on the basis of the mouth. 4 and 5, ensuring the correct storage and maintenance of the goods placed on storage, and, in the case of agricultural goods, of a laboratory equipped with a laboratory,
4. having the rules of the constituent undertaking.
3. The business of the entrepreneur may direct persons who are not convicted by a final sentence for a crime against the reliability of documents, property, economic turnover, turnover of money and securities, treasury crime and for the offences referred to in the provisions of the law on the public trading of securities or for the offences referred to in the Act.
(4) The Minister responsible for the economy may determine, by means of a regulation, the detailed technical and financial conditions required for the conduct of the host undertaking to be composed of industrial goods. The Regulation will determine the type of premises and technical equipment which may be used for the activities of the constituent undertakings of the industrial goods, taking into account the nature and quantity of the goods placed on the composition.
(5) The Minister responsible for the agricultural markets shall determine, by means of a regulation, the detailed technical and financial conditions required for the conduct of the host undertaking for the composition of the agricultural goods. The Regulation shall specify the type of premises and technical equipment which may be used for the business of the constituent undertakings of the agricultural goods, taking into account the nature and the quantities of goods placed on storage. ';
3. Article 4.
" Art. 4. The registry authority shall be in the case of:
1) entrepreneurs taking part in the industrial goods-minister responsible for economic affairs,
2. the economic operators of the agricultural goods, the minister responsible for the agricultural markets. ';
4. Article 4 5;
5) art. 6 is replaced by the following
" Art. 6. 1. The application for entry in the register shall contain:
1) the firm's business operator, its registered office and address or address of residence, the personal data of the members of the management board, the supervisory board, the audit committee, if provided, as well as other persons who are responsible for starting the the undertaking, company or cooperative undertaking or will direct the undertaking and, in the case of a non-confidential company and a limited partnership, the personal data of the members of the undertaking,
2) the number in the register of entrepreneurs or records of business activity and the tax identification number (NIP), if the entrepreneur such number has,
3) information on the parent and dependent entities of the applicant,
4) information on the amount of own capital (own funds), with an indication of the sources of its origin,
(5) the addresses of the sites in which the constituent undertaking will be carried out, together with an indication of the premises and their capacity or area,
(6) the type of industrial goods or the detailed list of agricultural goods intended for the placing on storage,
7) the name and address of the domicylic bank,
8) the date of drawing up the application and the signatures of the persons entitled to submit statements of will on behalf of the member house.
2. Together with the application referred to in paragraph. 1, the entrepreneur shall make a declaration of the following contents:
" I declare that:
1) the data contained in the application for entry in the register of the constituent companies are complete and truthful;
2) I am known to me and I fulfil the conditions for the pursuit of business activity in the scope of running the company of the warehouses, set out in the Act of 16 November 2000. about the building blocks and the change of the Civil Code. Code of civil proceedings and other laws. ".
3. The statement shall also include:
1) the company of the entrepreneur, its registered office and address,
2) the indication of the place and date of submission of the statement
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function. ";
6. 7-9;
7) art. 10 is replaced by the following
" Art. 10. 1. The following data shall be entered in the register:
1) the company of the entrepreneur conducting the house of warehouses and its registered office and address,
2) the number in the register of entrepreneurs or records of business activity and the tax identification number (NIP),
(3) the addresses of the sites in which the constituent undertaking is carried out, together with an indication of the premises and their capacity or area,
4. an indication of the types of industrial goods or of the detailed list of agricultural goods intended for entry into storage,
5) the name and address of the domicylic bank,
6) information on the cash penalties imposed on the house of warehouses,
7) date of entering the entry.
2. The register may be carried out in an IT system.
3. Making an entry in the register shall be subject to a fixed fee in the amount equivalent to the equivalent of 1000 euro, established on the day of submission of the statement, using the average exchange rate of foreign exchange, announced by the National Bank of Poland. The fee is the income of the state budget
4. The register is overt.
5. The Minister responsible for agricultural markets notifies the provincial register of the inspectorate of the Commercial Quality Inspection of Agricultural and Food Articles due to the registered office of the warehouses and main premises of the agricultural markets. The Trade Quality Superintendent of Agriculture and Food Articles.
(6) The competent minister in charge of the register shall issue a certificate from the office of entry in the register upon receipt of the fee referred to in paragraph 1. 3, or a certificate of change of entry in the register. ';
8) in art. 14 para. 1 is replaced by the following
" 1. If, during the course of the check, breaches of the provisions of the law are disclosed, the excess of the activity covered by the entry in the register, the rules of fair trade or the interests of the applicant, the Minister, upon receipt of the control protocol, may initiate the procedure for the adoption of a decision on the basis of Article 16. ';
9. Article 15 is replaced by the following
" Art. 15. If, as a result of the checks carried out, the competent minister has issued a decision by virtue of which he has imposed a financial penalty on the house, or has issued a decision prohibiting the house of a member of the activity covered by the entry in the register, the costs of the control shall be charged to the charge. the home of the constituent. ';
10) art. 16 is replaced by the following
" Art. 16. 1. Where a component house infringes the provisions of the law, exceeds the scope of the activity specified in the entry in the register, does not respect the rules of fair trading or violates the interests of the applicant, the competent minister may decide to impose a penalty cash up to the amount of 100 000 PLN, bearing in mind the degree of risk of trading security.
2. In the case of a member house, despite the imposition of a penalty on the basis of a paragraph. 1, continues to violate the provisions of the law, exceeds the scope of activities specified in the entry to the register, does not respect the rules of fair trading or violates the interests of the applicant, the competent minister decides to prohibit the execution by the house of a member the activities covered by the entry in the register.
3. The competent minister may decide to prohibit the execution by the member house of the activity covered by the entry in the register in any case, when the breach of the law by the constituent house is the result of the action of the persons directing the business of the company an exhaustive list of criminal offences against property, economic defenses or criminal offences under the law.
4. The issue of the decisions referred to in the paragraph. 1-3, follows the hearing.
5. The decisions referred to in paragraph 1 1-3, they are subject to the announcement in the Monitor Judicial and Economic Monitors at the expense of the component house. The competent minister may order the decision to be made public, in a manner customarily adopted in the area covered by the activity of the house of storage, by charging the house with the cost of the notice. ';
11. the Article shall be repealed. 17;
12) in art. 18:
(a) in paragraph. 2:
-point 5 is replaced by the following:
"(5) the manner in which the amendments to the rules of procedure of the constituent undertaking, including component fares and tariff concessions are published.",
-paragraph 6 shall be repealed,
(b) paragraphs shall be deleted. 3 and 4,
(c) paragraphs 5.
" 5. The right of use in the name of the trader of words 'house of warehouses' shall be granted only to operators who have obtained an entry in the register. ';
13) in art. 19 in the mouth. 1:
(a) point 4 shall be replaced by
"4) without delay informing the competent minister of any changes to the data contained in the application for entry in the register,",
(b) the following point 5 is added:
"(5) the keeping of accounts, if he is a natural person.";
14) in art. 62 ust. 1 is replaced by the following
" 1. Membership of the fund shall cease as from the date of the decision prohibiting the execution by the constituent house of the activity covered by the entry in the register or on the date on which the entry in the register is deleted. ';
15) art. 67 is replaced by:
" Art. 67. Who, without the required entry in the register, conducts a business component or, in a manner threatening the safety of economic activity, exceeds the scope of the activity as defined in the entry in the register, is subject to a fine, punishable by restriction of liberty or punishment deprivation of liberty for the years 2. '.
Article 35. [ Atomic Law] In the Act of 29 November 2000. -Atomic law (Dz. U. of 2004 No. 161, item. 1689) in art. 5. 6.
Article 36. [ Act on Horse Racing] In the Act of 18 January 2001. of horse racing (Dz. U. Nr 11, pos. 86 and 2003 Nr 84, pos. 774) is amended as follows:
1) in art. Points 3 and 4 shall be replaced by the following:
" (3) racing track-a place satisfying the technical conditions necessary to carry out horse racing,
4) the organizer of horse racing-an entity that has been entered in the register of regulated activities in the area of organizing horse racing, ";
2. in Art. 5 in the mouth. 2:
(a) point 3 shall be replaced by
"(3) supervising the observance of the provisions concerning horse racing,",
(b) point 4 is deleted;
3) in art. 11:
(a) point 2 shall be replaced by
"(2) the amount of the entry fee to the register of horse racing organizers, distinguishing it according to the expected number of races during the year on a given racetrack,",
(b) the following point 4 is added:
"4. detailed technical conditions for the race track, having regard to the type of racing and the number of races to be carried out.";
4) in art. 13 in the mouth. Point 1 shall be replaced by the following:
"(1) the fee paid by the organiser of the horse races for entry in the register of horse racing organisers,";
5) art. 16 is replaced by the following
" Art. 16. 1. Economic activity in the area of horse racing is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) and requires an entry in the register of organisers of horse racing, hereinafter referred to as the "register".
2. The register shall lead the President.
3. Activities in the field of organizing horse races may be carried out by an entrepreneur who:
1) has a racetrack, meeting the required technical conditions,
2. has financial security for the proper conduct of horse racing,
3) has approved plans of the goniships referred to in art. 20.
4. The application for entry in the register shall contain:
1) the company of the entrepreneur and its registered office and address or address of residence,
2) the number in the register of entrepreneurs or records of business activity and the tax identification number (NIP), if the entrepreneur such number has,
3) an indication of the location of the racetrack, agreed with the competent authorities,
(4) an indication of the financial security for the proper conduct of horse racing and an indication of the sources of origin of the capital held,
5) determining the nature of the races to be carried out, and the planned number of the number of races to be carried out during the year,
6) a description of the technical devices of the racetrack,
7) the planned start date of the activity.
5. With the application, the entrepreneur shall make a declaration of the following content:
" I declare that:
1) the data contained in the application for entry to the register of the organizers of the horse racing are complete and truthful;
2) I am known to me and fulfil the conditions for the pursuit of economic activities in the area of organizing horse racing, as defined by the Act of 18 January 2001. about horse racing. ".
6. The statement shall also include:
1) the company of the entrepreneur, its registered office and address,
2) the indication of the place and date of submission of the statement
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
7. The following data shall be entered in the register:
1) the entrepreneur's company, its registered office and address,
2) the number in the register of entrepreneurs or records of business activity and the tax identification number (NIP),
3) an indication of the location of the racetrack, agreed with the competent authorities,
4) the date of the entry.
8. The register is overt.
9. The register may be carried out in an IT system. ";
6. 17 and 18;
7) art. 19 is replaced by the following
" Art. 19. From the President's decision to prohibit the performance of the activity covered by the entry, the trader shall be entitled to the Minister responsible for agriculture. ';
8) after art. 21 The following Article shall be inserted. 21a as follows:
" Art. 21a. The provisions of the Law of 2 July 2004 shall apply in matters not governed by this Chapter. the freedom of economic activity. ';
9) in art. 28 para. 1 is replaced by the following
" 1. Who organizes horse races without the required entry in the register,
shall be punished by the fine. '
Article 37. [ The Act on the manufacture of ethyl alcohol and the manufacture of tobacco products] In the Act of 2 March 2001 the product of ethyl alcohol and the manufacture of tobacco products (Dz. U. Nr 31, pos. 353, z 2002 r. Nr 166, pos. 1362 and 2004 Nr 29, pos. 257. the following amendments shall be made as follows:
1. 3-7 are replaced by the following:
" Art. 3. 1. Economic activity in the field of product, purification, contamination or dewatering of ethyl alcohol is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) and require an entry in the register of entities performing activity in the field of product and processing of ethyl alcohol.
2. The economic activity in the manufacture of tobacco products is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. on the freedom of economic activity and requires entry in the register of tobacco producers.
3. An entrepreneur carrying out an economic activity in the field of manufacture, purification, contamination or dewatering of ethyl alcohol or performing an economic activity in the manufacture of tobacco products shall be subject to the following conditions:
1. implement the internal control system, including, in particular, the definition of:
(a) the frequency and manner of sampling for qualitative tests,
(b) test methods,
(c) the treatment of products which do not comply with the quality requirements,
2. have an establishment plan covering, in particular, production premises, storage, social and sanitary facilities, with:
(a) technological lines,
(b) the movement of raw materials and finished products,
(c) work stations,
3) designate the person responsible for the quality control,
(4) the development of the wine alcohol for the purposes of feed purposes or other agricultural purposes or rendering it disposed of, in the case of undertakings engaged in the manufacture of ethyl alcohol,
5) hold a legal title to the construction works in which the business will be performed.
4. Construction facilities and technical equipment intended for the pursuit of business activities in the scope referred to in paragraph. 1 or 2, should meet the requirements set out in the regulations on fire protection, sanitary and environmental protection.
5. The activity of the product and processing of ethyl alcohol and the manufacture of tobacco products may execute an entrepreneur who has not been punished for offences against the property and reliability of the documents, and in the case of the entrepreneur being a legal person-whose member of the Management Board has not been punished for offences against the property and the reliability of the documents.
Article 4. The body responsible for the registers referred to in Article 3 para. 1 and 2, is the minister responsible for the agricultural markets, hereinafter referred to as the 'registry authority'.
Article 5. 1. Entry in the registers referred to in Article 3 para. 1 and 2, shall be made at the written request of the entrepreneur.
2. The application for entry in the registers shall contain the following data:
1) the company of the entrepreneur, its registered office and address or address of residence,
2) the number in the register of entrepreneurs or records of business activity,
3) the tax identification number (NIP), provided that the trader has such a number,
4) determination of the type and scope of the business activity which will be performed,
5) an indication of the place or places of doing business,
6) statement that the entrepreneur on the day of submission of the application:
(a) does not have an advantage with the Treasury and the Social Insurance Institution or the Agricultural Social Insurance Fund,
b) he was not punished for offences against the property and reliability of the documents,
c) has the attestation of the district commandant of the State Fire Service, the state district health inspector and the provincial environmental protection inspector stating that the construction works and technical equipment intended for the implementation of the economic activities covered by the application meet the requirements set out in the regulations on fire protection, sanitary and environmental protection.
3. Together with the application for entry to the register of entities performing activity in the scope of the product and processing of the ethyl alcohol the entrepreneur shall make a declaration of the following contents:
" I declare that:
1) the data contained in the application for entry in the register of entities performing activity in the area of the product and processing of ethyl alcohol are complete and truthful;
2) I am known to me and fulfil the conditions for doing business in the scope of the product, purification, contamination or drainage of ethyl alcohol, as defined in the Act of 2 March 2001. the product of ethyl alcohol and the manufacture of tobacco products. '
4. With the application for entry to the register of manufacturers of tobacco products an entrepreneur shall make a declaration of the following contents:
" I declare that:
1) the data contained in the application for entry in the register of manufactured tobacco manufacturers are complete and truthful;
2) I am known to me and fulfil the conditions for doing business in the field of manufacture of tobacco products, set out in the Act of 2 March 2001. the product of ethyl alcohol and the manufacture of tobacco products. '
5. The certificates referred to in paragraph 1 3 and 4, should also include:
1) the company of the entrepreneur, its registered office and address,
2) the indication of the place and date of submission of the statement
3) the signature of the person entitled to represent the entrepreneur with an indication of the name and the name and function.
Article 6. 1. Entry in the registers referred to in Article 3 para. 1 and 2, shall be subject to the following:
1) the company and the seat of the entrepreneur and his address and the tax identification number (NIP),
2) determination of the type and scope of the economic activities covered by the entry,
(3) determination of the place or place of establishment of the business,
4) the date of the entry.
2. The registers may be carried out in the IT system.
3. The Registers shall be public.
4. The Registers Authority shall issue a certificate of registration or a certificate of change of entry in the Register from the Office.
Article 7. The authority carrying out the registers referred to in Article 3 para. 1 and 2, it shall issue a decision prohibiting the pursuit of an activity by the entrepreneur in the cases specified by the provisions of the Act of 2 July 2004. the freedom of economic activity and in the event of the withdrawal by the taxable person of the customs office of the customs office, in accordance with the rules laid down in the separate rules, to allow the tax warehouse to be carried out. ';
2. in Art. 8:
(a) the paragraph is deleted. 1,
(b) paragraphs 2.
" 2. In the event of an end or suspension of an economic activity with regard to the manufacture, purification, contamination or dewatering of ethyl alcohol or the manufacture of tobacco products, the trader shall be obliged to notify, within a period of 14 days from the date of the completion or suspension of the business activity, the body conducting the registers. ';
3) in art. 11 point 1 is replaced by the following:
"(1) the firm of the polluter and its head office,";
4. Article 12 is replaced by the following
" Art. 12. 1. Who shall be entered in the registers referred to in art. 3 para. 1 and 2:
1) has not implemented an internal control system, does not have an establishment plan or has not appointed a person responsible for quality control,
2) did not notify the registry body of the termination of the business activity specified in the entry within 14 days from the date of termination of this activity
-shall be subject to a fine.
2. The proceedings in the cases referred to in the paragraph. 1, shall be held in accordance with the provisions of the proceedings in cases of misconduct. ';
5) art. 12a is replaced by the following:
" Art. 12a. 1. Who without the required entry into the registers referred to in art. 3 para. 1 and 2, expresses, contaminates, cleanses or defecates ethyl alcohol or produces tobacco products
-is subject to a fine, punishable by restriction of liberty or imprisonment by the year.
2. Who is permitted to act as referred to in paragraph. 1, if the act concerns ethyl alcohol or tobacco products of considerable value
-shall be punished by the fine, punishable by restriction of liberty or imprisonment by the age of 2. '
Article 38. [ The Act on the Collective Supply of Water and Collective Waste Water Supply] In the Act of 7 June 2001. with a collective supply of water and waste water drainage (Dz. U. Nr 72, pos. 747, 2002 Nr 113, pos. 984 and 2004 Nr 96, pos. 959) is amended as follows:
1) in art. 17 point 8 is replaced by the following:
"8) the number in the register of entrepreneurs or records of business activity and the tax identification number (NIP),";
2) after art. 17 The following Article shall be inserted. 17a-17c as follows:
" Art.17a. Before deciding on the issue of the permission of the mayor (mayor, the president of the city), he may:
1) call the water and sewerage company to supplement within the prescribed period, however, not less than 14 days, missing documentation certifying that it meets the conditions laid down by the provisions of the law, required for collective execution water supply or mass drainage,
2) make a review of the factual checks provided in the application for authorisation in order to determine whether the water and sewerage company fulfils the conditions for the performance of the authorised activity.
Article 17b. Wójt (mayor, city president) refuses to grant an authorisation or may limit his scope to an application for authorisation:
1) when the water and sewerage company does not meet the conditions for the performance of the activities covered by the permit specified in the Act,
2) in view of the threat of defence or security of the State,
3) due to the threat of life or human health, or the threat of the environment,
4) if, as a result of the proceedings on the basis of public procurement rules, a contract was concluded by the municipality for the pursuit of a collective supply of water or a collective drainage of sewage with another water-sewerage company,
5) if, in the area of the municipality, activity in the area of collective water supply or mass disposal of sewage is carried out by a municipality or its organizational unit without legal personality.
Art. 17c. 1. The water and sewerage company applying for a permit for a mass water supply or a collective sewage disposal may apply to the mayor (mayor, city president) to pledge to issue the permit, hereinafter referred to as "Promoeses".
2. In the promos of the mayor (mayor, president of the city), he may make the granting of an authorisation subject to the conditions for the exercise of the activities covered by the permit.
3. In the proceedings for the granting of the pros, the provisions concerning the granting of authorisation shall apply.
4. In the pros the period of its validity shall be fixed, except that it shall not be less than 6 months. ';
3) after art. 18 The following shall be added: 18a-18e, in its wording:
Art. 18a. 1. Wójt (Mayor, Mayor of the City) shall withdraw the permit if:
1) a final decision has been issued which prohibits the water-sewer company from carrying out an economic activity covered by the authorisation,
(2) the water and sewerage company no longer fulfils the conditions laid down in the law, which is required to carry out the activities specified in the permit,
3) the water and sewerage company did not remove, in the designated by the mayor (mayor, president of the city) the date, factual or legal status incompatible with the legal regulations governing the business covered by the permit.
2. Wójt (mayor, president of the city) may withdraw the permit if:
1) the separate provisions constitute,
2) the entrepreneur has not taken, despite the call, or has ceased to perform the activities specified in the permit.
3. A water and sewerage company which has been withdrawn from the grounds referred to in paragraph 1. 1 point 1 may again apply for an authorisation to the same extent not earlier than 3 years from the date of issue of the decision to withdraw the authorisation.
Art. 18b. 1. The authorisation shall be issued for an indeterminate period.
2. The permit may be issued for the time marked at the request of the water and sewerage company.
Art. 18c. The water and sewerage company is obliged to report to the mayor (mayor, president of the city) immediately any changes to the data specified in the permit.
Art. 18d. Refusal of authorisation, amendment and withdrawal shall be made by decision of the mayor (mayor, president of the city).
Art. 18e 1. Wójt (mayor, president of the city) is entitled to control the business activity of the water and sewerage company in terms of the compliance of the performed business with the granted permission.
2. The control activities shall be carried out on the basis of the authorization issued by the mayor (mayor, city president).
3. The persons authorised to carry out the checks shall be entitled in particular to:
1. access to the water and sewerage company in the days and hours on which it is or should be carried out activities covered by the permit,
2) requests for oral or written explanations, presentation of documents or other media of information and the provision of data related to the subject of control.
4. Control activities shall be carried out only in the presence of the person entitled to represent the water-sewer company or the person authorized to represent it during the inspection.
5. Wójt (the mayor, the president of the city) may authorize the inspection referred to in the paragraph. 1, another administrative body specialised in the control of a given type of activity. The provisions of the paragraph 2-4 shall apply mutatis mutandis. '
Article 39. [ The Act on Subsidies On Export Credits of Fixed Interest Rate (s)] In the Act of 8 June 2001. with regard to the interest rate on export credits with fixed interest rates (Dz. U. Nr. 73, pos. 762) in art. Point 10 shall be replaced by the following:
" (10) National supplier-entrepreneur referred to in art. 4 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807), residing or established in the territory of the Republic of Poland and which performs an economic activity in the scope of export of domestic goods or services, ".
Article 40. [ The Act on the performance of economic activities in the field of manufacture and circulation of explosives] In the Act of 22 June 2001. on the performance of economic activities in the manufacture and marketing of explosives, weapons, ammunition and articles and technology for military or police purposes (Dz. U. No 67, pos. 679, of late. 1. 34) ) the following amendments shall be made:
1. Article 1 5;
2. in Art. 7 ust. 1 is replaced by the following
" 1. Concessions for the pursuit of economic activities referred to in art. 6 para. 1, hereinafter referred to as 'the concession', shall grant, refuse to grant, amend, revoke or restrict its scope by decision, the Minister for Internal Affairs, hereinafter referred to as 'the concession authority'. ';
3) in art. 12 (1) 1 and 2 are replaced by the following:
" 1. The application for a concession should include:
1) the entrepreneur's company, its registered office and address and the address of the pursuit of the business,
2) the number in the register of entrepreneurs or in the records of the business activity,
3) tax identification number (NIP),
4) determination of the type and scope of the business activity to which the concession is to be granted,
5) the requested time for which the concession is to be granted,
6) indication of the planned start date of the activity,
7) personal data of the entrepreneur referred to in art. 8 ust. 1 point 1, and in the case of the entrepreneur referred to in art. 8 ust. 1 point 2, the data of the members of the governing body of the economic operator, prosecutors and agents, containing:
(a) first and last name,
(b) date and place of birth,
(c) nationality,
(d) the PESEL number and, in the case of a person holding the nationality of another Member State, a series and passport number, or in relation to nationals of another Member State of the European Union or of a Member State of the European Free Trade Agreement (EFTA) -the parties to the Agreement on the European Economic Area, the series and the number of another document confirming citizenship and identity,
(e) the addresses of the permanent and temporary residence.
2. The application referred to in paragraph 2. 1, the entrepreneur is obliged to attach in particular the following documents:
1) confirming the possessed education and professional preparation of the persons referred to in art. 8 ust. 1,
2) determining the legal form of the applicant, in particular the statutes or the contract of the company or other prescribed provisions of law the document concerning the establishment of business and the organization of the entrepreneur,
3) a copy from the register of entrepreneurs or from the records of the business activity,
4) a statement indicating the persons referred to in art. 8 ust. 1 point 2, as well as the statements of those persons having full capacity for legal acts,
5) a list of shareholders or shareholders and the size of qualifying holdings within the meaning of Chapter 9 of the Act of 21 August 1997. -The law on the public trading of securities (Dz. U. of 2002. Nr 49, poz. 447, of late. 1. 35) ) owned by shareholders or shareholders,
6) a certificate of the impunity of the persons referred to in art. 8 ust. 1 (1) and (2) for the intentional criminal offence or intentional offence or intentional misconduct of the Treasury and the statements of those persons, that the proceedings referred to in Article 1 (1) and (2) are not conducted against them. 8 ust. 1 point 1 lit. (g)
7) a copy from the register of debtors insolvent National Court Register,
8) medical and psychological judgement, stating the lack of contraindications to the exercise or directing of economic activities, specified in the concession,
9) the opinions referred to in art. 8 ust. 2 point 2,
10) attestation of the district commandant of the State Fire Service, the state district health inspector and the provincial environmental protection officer, stating that the construction works and technical devices intended for execution the economic activities comply with the requirements laid down in the rules on fire protection, sanitary and environmental protection respectively. ';
4) in art. 14:
(a) in paragraph. Point 3 shall be replaced by the following:
"3) the number in the register of entrepreneurs or in the records of the business activity and the tax identification number (NIP),",
(b) paragraphs 3.
" 3. The concession shall be granted for a period of not less than five years and no longer than 50 years. ';
5. in Art. 16 ust. 2.
" 2. The concession authority refuses to grant the concession, limits its scope to the application for the award of a concession or refuses to change the concession when the trader does not meet the conditions laid down in the Act on the pursuit of economic activities covered by the contract the concession. ';
6) art. 17 is replaced by the following
" Art. 17. 1. The concession authority shall revoke the concession where:
1) a final decision was issued which prohibits the economic operator of the business activity covered by the concession,
2) the entrepreneur has not taken, within 6 months from the date of award of the concession or from the planned start date of the business activity, the activity covered by the concession, despite the call of the concession authority, or permanently ceased the execution the economic activities covered by the concession.
2. The concession authority shall revoke the concession or alter its scope, where the operator:
1) within the prescribed period did not remove the factual or legal status which was not in accordance with the conditions set out in the concession or with the rules governing the economic activity covered by the concession,
2) grossly violate the conditions specified in the concession or other conditions for the pursuit of the concessionary business activity, defined by the provisions of the law, and in particular:
(a) no longer fulfils the conditions laid down in Article 8 ust. 1 point 1 lit. (g), point 2, and paragraph 2. 2 point 1,
(b) prevents the competent authorities from carrying out checks.
(c) has not provided a current medical and psychological decision as referred to in Article 4 (1). 11 (1) 2.
3. The concession authority may withdraw the concession or change its scope:
1) due to the threat of defence and security of the State or the security of citizens, and in the event of the bankruptcy of the entrepreneur,
2) when the entrepreneur does not meet the conditions laid down in the Act on the performance of the business covered by the concession. ';
7) after art. 17 The following Article shall be inserted. 17a as follows:
" Art. 17a. In cases not covered by the Act referred to in Article 6 para. 1, the provisions of the Act of 2 July 2004 shall apply. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807). '
Article 41. [ The Act on Investigative Services] In the Act of 6 July 2001 o Detrition services (Dz. U. of 2002. No 12, pos. 110 and No. 238, pos. 2021, 2003 No 124, pos. 1152 and 2004 Nr 121, pos. 1265) is amended as follows:
1. 3.
" Art. 3. The pursuit of business activities in the field of detective services is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) and requires the entry in the register of the investigative activity, hereinafter referred to as the "register". ';
2. Article 15-19 are replaced by the following:
" Art. 15. An entrepreneur may carry out the activities referred to in art. 3 if:
1) holds a license:
(a) the economic operator or his/her representative, in the case of a trader who is a natural person,
b) at least one person entitled to represent the entrepreneur or proxy established by the entrepreneur to direct the investigator's business-in the case of an entrepreneur not being a natural person,
2) is not entered in the register of debtors insolvent National Court Register,
3. persons without a licence, forming part of the economic operator's governing body and established by that body, the public prosecutors and the individual who is a natural person shall not be punished for intentional or intentional criminal offences,
4) has entered into an insurance contract referred to in art. 24 ust. 1.
Article 16. 1. An entry in the register shall be made at the written request of the trader, who shall include the following particulars:
1) the company of the entrepreneur, its registered office and address or address of residence,
2) the number in the register of entrepreneurs or records of business activity,
3) the tax identification number (NIP), provided that the trader has such a number,
4) personal data of an entrepreneur who is a natural person and a proxy in the event of his establishment, in the case of an entrepreneur not being a natural person-members of the governing body of the entrepreneur, prosecutors and proxies established to directing the activity requested, indicating the persons holding the licences and the number of the licence,
5) the address of the permanent place of business.
2. Together with the application the entrepreneur shall make a statement of the following content:
" I declare that:
1) the data contained in the application for entry in the register of the investigative activity are complete and truthful;
2) I am known to me and meet the conditions for the performance of the investigative services activities, as defined in the Act of 6 July 2001. about detective services. ".
3. The statement shall also include:
1) the company of the entrepreneur, its registered office and address or address of residence,
2) the indication of the place and date of submission of the statement
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
Article 17. 1. The authority of the registry shall be the Minister responsible for internal affairs.
2. The authority of the registry shall issue an attestationof an entry in the register or a certificate of change of entry in the register.
Article 18. 1. The register shall be kept in the form of a record book.
2. The register may be carried out in an IT system.
3. The register shall be accompanied by a chronological order of conclusions, statements and other documents.
Article 19. The following data shall be entered in the register:
1) date of application for entry in the register,
2) the entrepreneur's company, its registered office and address,
3) the data of persons entitled to represent the entrepreneur, with an indication of the persons holding the licenses referred to in art. 15 point 1, and the number of the licence,
4) the tax identification number (NIP) of the entrepreneur,
5) the number in the records of business activity or in the register of entrepreneurs,
6) address of the permanent place of business,
7) date of entry into the register,
(8) the name and job title of the employee making the entry in the register and his/her legible signature. ';
3. Article 3 20-22;
4) in art. 23 in the mouth. 1. point 1 shall be deleted;
5. Article 4 26;
6) art. 27 is replaced by the following
" Art. 27. 1. The audit of the investigative services business shall be carried out by the registry authority.
2. The body referred to in paragraph 2. 1, may authorise an audit of economic activities in the field of investigative services by another State authority specialised in the control of the activity concerned. ';
7) art. 28 is replaced by the following
" Art. 28. The provisions of the Act of 2 July 2004 shall apply in matters of activity in the field of detective services not regulated. the freedom of economic activity. ';
8) in art. 29 in the mouth. 1:
(a) point 1 shall be replaced by
"1) holds Polish citizenship or citizenship of another Member State of the European Union or a Member State of the European Free Trade Agreement (EFTA)-the parties to the Agreement on the European Economic Area,",
(b) point 7 shall be replaced by
" 7) has not been released for disciplinary action from the Police, Border Guard, Internal Security Agency, Intelligence Agency, Government Security Bureau, military, prosecutor's office, court or other public administration office in the Republic of Poland or other a Member State of the European Union or a Member State of the European Free Trade Agreement (EFTA)-a party to the Agreement on the European Economic Area, in the last 5 years, ';
9) in art. 46 (1) 1 is replaced by the following
" 1. Who carries out investigative services activities without the required entry in the register shall be subject to a fine, a penalty restriction or a custodial sentence of up to 2 years. ';
10. the Article shall be repealed. 50.
Article 42. [ Pharmaceutical law] In the Act of 6 September 2001. -Pharmaceutical law (Dz. U. of 2004 Nr 53, poz. 533, with late. 1. 36) ) the following amendments shall be made:
1) in art. 2:
(a) point 24 shall be replaced by
" 24) the responsible party-is an entrepreneur within the meaning of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) or business operator in a Member State of the European Union or a Member State of the European Free Trade Agreement (EFTA)-the parties to the Agreement on the European Economic Area, which concludes or obtained the marketing authorisation for the medicinal product; ',
(b) point 43 shall be replaced by
" 43) Manufacturer-is an entrepreneur within the meaning of the provisions of the Act of 2 July 2004. the freedom of economic activity which, on the basis of a permit issued by an authorized body, performs at least one of the activities listed in point 42; ';
2. in Chapter 2a, the following Chapter 2b is added:
' Chapter 2b
General provisions on the activities covered by authorisations
Art. 37am. Before taking a decision on the authorisation, the issuing authority shall hereinafter be referred to as the 'authorising authority':
1) may call upon the applicant to supplement, within the prescribed period, missing documentation certifying that he meets the conditions laid down by law, required for the pursuit of a particular economic activity;
2) may review the facts provided in the application for authorisation in order to determine whether the trader fulfils the conditions for the performance of the business covered by the authorisation.
Art. 37an. 1. An entrepreneur who intends to take up an economic activity in an area subject to authorisation may apply for a pledge to issue an authorisation, hereinafter referred to as the 'pro-service'. In a ferry, the grant of authorisation may be made subject to conditions the execution of the business covered by the authorisation.
2. In the proceedings for the granting of pros, the provisions concerning the granting of permits, specified by provisions of the Act shall apply.
3. In the ferries the period of its validity shall be fixed, except that it shall not be less than 6 months.
4. During the period of validity of the ferries, the granting of an authorisation for the pursuit of an economic activity as defined in the Promotes may not be refused unless:
(1) the data contained in the request for the promotion of the promos has changed, or
(2) the applicant has not fulfilled all the conditions set out in the Promotes, or
(3) the applicant does not fulfil the conditions for the exercise of the authorised activities, or
4) it is justified by the threat of defence or security of the state or other important public interest.
Art. 37ao. 1. The authorisation shall be issued for an indeterminate period.
2. The permit may be issued for the time marked at the request of the entrepreneur.
Art. 37ap. 1. The authorising authority shall revoke the authorisation in cases where:
1) a final decision was issued which prohibits an economic operator from exercising an economic activity covered by the authorisation;
2) the entrepreneur no longer fulfils the conditions laid down by the law, required for the pursuit of the business activity specified in the permit;
3) the entrepreneur has not removed, in the designated by the authority authorising the date, the factual or legal status which is incompatible with the provisions of the law governing the economic activity covered by the permit.
2. The authorizing authority may withdraw the permit in cases specified by the provisions of the Act.
Art. 37ar. The trader shall be obliged to report to the authority authorising any changes to the data specified in the permit.
Art. 37as. An entrepreneur who has been withdrawn from the authorisation for reasons referred to in Article 37ap ust 1, may again apply for an authorisation to the same extent not earlier than 3 years from the date of issue of the decision to withdraw the permit.
Article 37at. 1. The authorising authority shall be entitled to control the economic activities for which the authorisation has been issued.
2. Control activities shall be carried out on the basis of an authorisation issued by the authorising authority.
(3) Persons authorised by the authority authorising the inspection shall be entitled in particular to:
1. admission to the premises, premises, premises or parts thereof, where the economic activity covered by the permit is carried out, in days and during the hours in which it is carried out or it should be carried out;
2) requests for oral or written explanations, presentation of documents or other media of information and the provision of data related to the subject of control.
4. The authorising authority may invite the entrepreneur to delete, found in the course of the checks, the misconduct within the prescribed period.
(5) The authorising authority may authorise the checks referred to in paragraph 1. 1, another administrative body specialised in the control of a given type of activity. The provisions of the paragraph 2-4 shall apply mutatis mutandis. ';
3) in art. 38 par. 3.
" 3. If the authorisation concerns the manufacture or import of veterinary medicinal products only, competent for the issue, refusal and revocation and modification of the authorisation, the Chief Veterinary Officer shall issue a decision to that Principal Veterinary Officer in the agreement with the Chief Pharmaceutical Inspectorate; the provisions of the paragraph. 1, 2, 4 and 5, art. 41-43 and art. 48-50 shall apply mutatis mutandis. ';
4) in art. 39 in the mouth. Point 1 shall be replaced by the following:
" (1) apply for an authorisation, containing the applicant's company together with a tax identification number (NIP) and specifying the type and name of the medicinal product, pharmaceutical form, manufacturing site, scope of manufacture and location control; ";
5. Article 4 44;
6. 73;
7) in art. 81 (1) 1 is replaced by the following
" 1. The Chief Pharmaceutical Inspector, and with regard to the pharmaceutical wholesalers of veterinary medicinal products The Chief Veterinary Officer, withdraws the authorisation to conduct a pharmaceutical wholesalers if the entrepreneur is marketing the products medicinal products not authorised. ';
8) in art. 103 (1) 1 is replaced by the following
" 1. The Provincial Pharmaceutical Inspector withdraws the authorisation to operate a public pharmacy where the pharmacy is marketing medicinal products not authorised. '
Article 43. [ The Act on Infectious Diseases and Infections] In the Act of 6 September 2001. o infectious diseases and infections (Dz. U. Nr 126, pos. 1384, 2003 Nr 45, poz. 391 and No. 199, pos. 1938 and 2004 Nr 96, pos. 959) in art. Point 16 shall be replaced by the following:
" 16) entrepreneur-entrepreneur within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807), '.
Article 44. [ Law on materials and articles intended to come into contact with food] In the Act of 6 September 2001. about materials and articles intended to come into contact with food (Dz. U. Nr 128, poz. 1408 and 2003 No. 171, item. 1662) in art. Paragraph 2 is replaced by the following:
" (2) producer-entrepreneur within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807), '.
Article 45. [ Act on packed goods] In the Act of 6 September 2001. about parked goods (Dz. U. Nr 128, poz. 1409 and 2004 Nr 49, poz. 465 and No 96. items 959) in art. Point 11 shall be replaced by the following:
" (11) a packager-an entrepreneur within the meaning of the Article. 4 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807), which deducted the portions of the product, places them in the unit package and introduces the goods to be placed on the market for the first time; for the purposes of the Act, the entrepreneur introducing into the Polish customs territory of the packaged goods, hereinafter referred to as "importer", it is treated as a packer, '.
Article 46. [ Maritime Code] In the Act of 18 September 2001. -Maritime Code (Dz. U. Nr 138, pos. 1545, 2002 Nr 41, pos. 365, 2003 No. 229, item. 2277 and 2004 Nr 93, pos. 895) art. 80 is replaced by the following
" Art. 80. A contract for the transfer of ownership of a vessel laden with a mortgage on a foreign person within the meaning of the Article. 5 point 2 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) requires the prior consent of a mortgage creditor expressed in writing, with a signed notarized signature. ".
Article 47. [ Law on the financial support of investments] In the Act of 20 March 2002 financial support for investments (Dz. U. No 41, pos. 363 and No. 141, pos. 1177, 2003 No. 159, item. 1537 and 2004 #123, pos. 1291) in art. 2 in the mouth. Point 3 shall be replaced by the following:
" 3) entrepreneurs-this must be understood by the entrepreneur within the meaning of the art. 4 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807), '.
Article 48. [ Aviation law] In the Act of 3 July 2002 -Air law (Dz. U. Nr 130, poz. 1112, of late. 1. 37) ) the following amendments shall be made:
1) in art. 27 after the mouth. 4 The paragraph shall be added. 5 in the following:
" 5. Authorisation to carry out the checks referred to in paragraph 1. 2, it shall appear on the date of the start of that inspection. ';
2. Article 184 is amended as follows:
" Art. 184. The provisions of the Act of 2 July 2004 apply in matters of aviation business not governed by statute. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807). '
Article 49. [ The Act on the provision of services by electronic means] In the Act of 18 July 2002. on the provision of services by electronic means (Dz. U. No 144, pos. 1204 and 2004 Nr 96, pos. 959) in art. 5 par. 4.
" 4. The provisions of the paragraph 3 shall be without prejudice to the obligation laid down in Article 21 point 2 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807). '
Article 50. [ Foreign Exchange Law] In the Act of 27 July 2002 -Law of foreign exchange (Dz. U. No 141, pos. 1178, 2003 No. 228, pos. 2260 and 2004 Nr 91, pos. 870) is amended as follows:
1) in art. 2 in the mouth. Point 19 shall be replaced by the following:
"(19) business activity is regulated by the economic activity consisting in the purchase and sale of foreign exchange values and the intermediation and sale of the value of the foreign exchange and the sale of the value of the exchange,";
2. Chapter 4 is replaced by the following:
' Chapter 4
Cantonous activities
Article 11. 1. Cantorov activity is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) and requires an entry in the register of canton activities, hereinafter referred to as "the register".
2. The provisions on the business of the canton shall not apply to banks, branches of foreign banks and to credit institutions and branches of credit institutions.
Article 12. A natural person who has not been legally convicted of a treasury offence or a criminal offence committed with a view to achieving a property or personal advantage, as well as a legal person and a non-financial corporation, may carry out a natural person who has not been legally convicted of a tax offence. a legal personality of which no member of the authorities or accomplices, as appropriate, has been convicted of such a crime.
Article 13. 1. Activities directly related to the execution of the canton's activities may be performed only by persons who have not been convicted of the criminal offence referred to in art. 12 and which have professional preparation to carry out these tasks.
2. The expert preparation shall be considered:
1) completion of the course covering the legal and practical issues related to the conduct of the canton's activity, documented by the certificate, or
2) the work in the bank, during at least one year, in a position directly related to the handling of foreign exchange transactions, documented evidence of the work, and knowledge of the provisions of the law governing the canton activities, confirmed by the the statement.
Article 14. 1. An entrepreneur who performs a canton activity is obliged to provide:
1) conduct on an ongoing basis, in a continuous and continuous manner and in accordance with the regulations, the records of all operations causing the change of the state of foreign exchange values and the Polish currency,
2) conducting, during the business hours of the cantor, continuous purchase and sale of foreign exchange values, being traded,
3) issuing, in a manner consistent with provisions, evidence of purchase and sale, imitated or bearer, with each contract of purchase or sale of foreign exchange values, being traded,
4) premises and its equipment meeting the technical and organizational conditions necessary for the safe and correct execution of activities directly connected with the canton's activities.
2. The entrepreneur is obliged to obtain, at the end of each year of activity, a certificate of impunity for the offences referred to in art. 12.
3. Paragraph Recipe 2 shall apply mutatis mutandis to the persons referred to in Article 4. 13 (1) 1.
Article 15. 1. The value of the purchase or sale of foreign means of payment shall not exceed, within the framework of a single contract concluded by an entrepreneur carrying out the canton activity equivalent to EUR 20 000.
2. The provision of the paragraph. 1 shall not apply to contracts for the sale of foreign means of payment acquired in the framework of a canton activity, concluded by an entrepreneur with banks and other entrepreneurs performing such activities.
Article 16. 1. The organ of the registry is the President of the National Bank of Poland
2. The register may be carried out in an IT system.
3. The President of the National Bank of Poland may determine, by means of ordinances, the manner of keeping the register, the model of the register and the mode of making entries to the register.
Article 17. 1. The entry in the register shall be made on the basis of a written request from the trader, containing the following particulars:
1) the company of the entrepreneur and its registered office and address or address of residence,
2) the number in the register of entrepreneurs or records of business activity,
3) the tax identification number (NIP), provided that the trader has such a number,
4) the premises and addresses of the units in which the canton's activities will be carried out,
5) the designation of the scope of the cantular activity performed by the entrepreneur in individual units,
6) signature of the entrepreneur and the indication of the date and place of application.
2. Together with the application, the entrepreneur shall submit a written statement of the following contents:
" I declare that:
1) the data contained in the application for entry in the register is complete and truthful;
2) I am known to me and I meet the special conditions for the exercise of the canton activities set out in Chapter 4 of the Act of 27 July 2002. -Law of foreign exchange.
I also declare that I have an up-to-date attestations of impunity and documents confirming the qualifications required by the provisions of the Act referred to in point 2. '
3. The statement shall also include:
1) the company of the entrepreneur and its registered office and address or address of residence,
2) the indication of the place and date of submission of the statement
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
4. The Minister responsible for public finance, after consulting the President of the National Bank of Poland, will determine, by means of a regulation, the model of the application for the registration of an entry in the register of canton activities, taking into account the scope of the business entrepreneur.
Art. 17a. 1. The entry in the register shall be subject to the data referred to in Article 17 para. 1 points 1 to 5, with the exception of the address of residence, if different from the address of the place of establishment.
2. The entry in the register is also to be deleted or the entry change.
Article 17b. An entrepreneur is obliged to submit a request for removal from the register-within 7 days from the date of cessation of the canton activity.
Art. 17c. 1. The operator may, for important reasons, suspend the operation of the cantor's business by notifying the registry to the authority of the registry.
2. The suspension of the operation of the canton activity and the resumption of its performance shall be notified to the written authority of the registry, within 7 days from the date of suspension or resumption of the performance of the activity Canton.
Art. 17d. The Minister responsible for public finance, after consulting the President of the National Bank of Poland, will determine, by means of a regulation, the necessary equipment for the premises intended for the performance of the canton activities, and the way of conducting the records and the issuing of proofs of purchase and sale of foreign exchange values, with a view to ensuring the security of economic turnover in the performance of those activities.
Art. 17e. In cases concerning the entry in the register, unregulated in this Chapter, the President of the National Bank of Poland shall apply the provisions of the Code of Administrative Procedure.
Art. 17f. The provisions of the Act of 2 July 2004 shall apply mutatis mutandis to the law on the canton's activities. the freedom of economic activity. ';
3. Article 33 and 34 are replaced by the following:
" Art. 33. 1. The President of the National Bank of Poland performs control:
1) granted by the President of the National Bank of Polish foreign exchange permitting,
2) the canton's activities,
3. the exercise of the obligation referred to in art. 30 par. 1,
4) acts performed by eligible banks in connection with the execution by residents of remittances abroad and settlements in the country with non-residents, as well as the activities carried out by non-residents specified in art. 28.
2. A check carried out within the scope specified in the paragraph. 1 shall consist in checking whether:
1) the use of the granted foreign exchange permit shall be carried out in accordance with its terms,
2) the entrepreneur performs the cantonal activity in accordance with the terms and conditions specified in the Act and the special provisions issued on its basis,
3) the obligation referred to in art. 30 par. 1, is executed by the residents and whether the data provided in the performance of this obligation are in accordance with the facts,
4) the activities referred to in paragraph. 1 point 4, shall be exercised by eligible banks in accordance with art. 26 and 27.
Article 34. The control referred to in Article 33, carry out the employees of the National Bank of Poland, hereinafter referred to as "controllers", at the premises of the controlled entity or the seat of the National Bank of Poland, upon presentation of the official identity card and service of the authorization. ";
4) used in art. 39-41 in various cases, the words "National Bank of Poland" shall be replaced by the words "President of the National Bank of Poland" used in appropriate cases;
5) art. 42 is replaced by the following
" Art. 42. The Minister responsible for public finance, after consulting the President of the National Bank of Poland, will determine, by means of a regulation, the mode of carrying out the checks referred to in art. 33, with a view to ensuring the proper performance of the activities covered by it. '
Article 51. [ Law on the rules and conditions of entry and residence of citizens of EU Member States] In the Act of 27 July 2002 the principles and conditions of entry and residence of citizens of the Member States of the European Union and members of their families on the territory of the Republic of Poland (Dz. U. No 141, pos. 1180, 2003 No. 128, pos. 1175 and 2004 Nr 96, pos. 959) is amended as follows:
1) in art. 2:
(a) point 4 shall be replaced by
" 4) business activity-this means economic activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807), ',
(b) point 5 is deleted;
2. in Art. 4 par. 2.
" 2. The requirement referred to in paragraph 1. 1, does not apply to a citizen of the Union who performs work or performs an economic activity in the territory of the Republic of Poland, retaining the place of habitual residence in the territory of another Member State of the European Union, to which he returns at least once a week. ';
3) in art. 5:
(a) in paragraph. Point 1 shall be replaced by the following:
"1) intends to perform or perform work or intends to perform or perform an economic activity on the territory of the Republic of Poland for a period exceeding 12 months or",
(b) paragraphs 3-5 are replaced by the following:
" 3. A residence permit shall be granted to a Union citizen who:
1) at the moment of the cessation of the work or the pursuit of the business activity reached the retirement age specified by the Polish provisions on the pension insurance and performed the work or pursued an economic activity in the territory the Republic of Poland for at least the last 12 months and has been staying in this territory without interruption for at least 3 years,
2) has ceased to perform work or perform business activity in the territory of the Republic of Poland as a result of permanent incapacity to work and has been staying uninterrusted in this territory for a period of at least 2 years
-even the conditions set out in the paragraph. 1 were not satisfied if the request for the reissue of the residence permit occurred no later than 2 years after the date on which the residence permit was expired.
4. Residence permits shall be granted to a citizen of the Union who has ceased to perform work or to perform an economic activity in the territory of the Republic of Poland as a result of permanent incapacity to work, resulting from an accident at work or illness or, if the conditions laid down in the paragraph are not 1 were not met if the application for a residence permit occurred no later than 2 years from the day on which the event occurred, which resulted in the cessation of the performance of the work or the pursuit of an economic activity on the territory of the Republic of Poland, or if requested to reissue the residence permit no later than 2 years after the date on which the residence permit he held has expired.
5. A residence permit shall be granted to a member of the family of a citizen of the Union who died as a result of an accident at work or a occupational disease during the period of the work or pursuit of an economic activity in the territory of the Republic of Poland, even though the conditions set out in the paragraph 1 shall not be fulfilled if the event by which a citizen of the Union has died has taken place before it has been authorised to stay. ';
4) in art. 7:
(a) in paragraph. Point 2 shall be replaced by the following:
"(2) intends to carry out, or intends to carry out, work or pursue an economic activity for a period of 3 to 12 months, or",
(b) in paragraph. Paragraph 2 is replaced by the following:
" 2. point 2-for the period of performance of the work, resulting from the written declaration by the employer or by an entity authorised to entrust the Union citizen with the intention to entrust the work or the certificate of work to the Union citizen, indicating the period of employment, or the period of performance of the business, ';
5. in Art. 17:
(a) paragraphs 2.
" 2. Residence permits granted to a Union citizen who:
1) at the moment of the cessation of the work or the pursuit of the business activity reached the retirement age specified by the Polish provisions on the pension insurance and performed the work or pursued an economic activity in the territory the Republic of Poland for at least the last 12 months and has been staying in this territory without interruption for at least 3 years,
2) have ceased to perform work or perform an economic activity in the territory of the Republic of Poland as a result of permanent incapacity to work and has been staying uninterrusted in this territory for a period of at least 2 years,
3) ceased to perform work or perform business activity in the territory of the Republic of Poland as a result of permanent incapacity to work, resulting from an accident at work or occupational disease
-do not go back, even if there is insufficient funds to cover the costs of the stay. ',
(b) in paragraph. Article 5 (2) shall be replaced by
"(2) have ceased to perform work or to carry out an economic activity, or";
6) in art. 22:
(a) in paragraph. Point 2 shall be replaced by the following:
"2) a copy from the National Court Register, if the separate provisions require such an entry in the register, or a certificate of entry in the records of the business activity.",
(b) in paragraph. 3 point 1 is replaced by the following:
" 1) a work certificate or a document confirming the performance of an economic activity, indicating the performance of the work or the pursuit of business activity on the territory of the Republic of Poland for a period of at least 12 months, and a document confirming uninterrupted stay in the territory of the Republic of Poland for a period of at least 3 years or ";
7) in art. 23 in the mouth. Point 4 shall be replaced by the following:
" (4) a written statement by the employer or by an entity authorised to entrust the Union citizen with a work of intent to entrust his work or a certificate of work to the Union indicating the period of employment, or a copy from the National Court Register, if the separate provisions require such an alert, or a certificate of entry in the records of business activity-in the case referred to in art. 7 ust. 1 point 2, '.
Article 52. [ Law on Spirit Drinks] In the Act of 13 September 2002. of spirit drinks (Dz. U. Nr 166, pos. 1362 and 2004 Nr 29, pos. 257. the following amendments shall be made as follows:
1. 21-26 are replaced by the following:
" Art. 21. 1. Economic activity in relation to the product or the spirit of spirit drinks is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) and requires the entry in the register of activities in the area of the product or spilage of spirit drinks, hereinafter referred to as the "register".
2. The economic activity of the spirit of spirit drinks shall also cover the product of the products manufactured in their own range.
Article 22. 1. An economic operator who carries out an economic activity in the field of a product or the spilling of spirit drinks shall comply with the following conditions:
1. implement the system of internal control of the product or the spirit of spirit drinks, including, in particular, the definition of:
(a) the frequency and manner of sampling for qualitative tests,
(b) test methods,
(c) how to deal with spirit drinks which do not meet the quality requirements;
2. have an establishment plan covering, in particular, production premises, storage, social and sanitary facilities, with:
(a) technological lines,
(b) the movement of raw materials and finished products,
(c) work stations;
3) designate the person responsible for the control of the quality of spirit drinks.
2. Construction facilities and technical equipment intended for the pursuit of economic activities within the scope referred to in paragraph. 1, they should meet the requirements set out in the regulations on fire protection, sanitary and environmental protection.
3. An economic activity in the field of a product or spilt of spirits may be carried out by the entrepreneur:
1) having a legal title to the construction works in which the activity is to be carried out;
2) unpunished for offences against property and reliability of documents, and in the case of an entrepreneur who is a legal person-whose board member has not been punished for crimes against the property and reliability of documents.
Article 23. The registry authority shall be the Minister responsible for the agricultural markets, hereinafter referred to as the 'registry authority'.
Article 24. 1. The entry in the register shall be made at the request of the trader
2. The application for entry in the register shall contain the following data:
1) the company of the entrepreneur, its registered office and address or address of residence;
2) the number in the register of entrepreneurs or records of business activity;
(3) the tax identification number (NIP), if the trader has such a number;
4) determination of the type of business activity to be performed;
5) an indication of the place or places of establishment of the business;
6) statement that the entrepreneur on the day of submission of the application:
(a) does not have an advantage with the Treasury and the Social Insurance Institution or the Agricultural Social Insurance Fund,
(b) has a certificate of impunity, as referred to in Article 3 (1) of the EC 22 par. 3 (2),
c) has the attestation of the district commandant of the State Fire Service, the state district health inspector and the provincial environmental protection inspector stating that the construction works and technical equipment intended for the implementation of the economic activities covered by the application meet the requirements set out in the regulations on fire protection, sanitary and environmental protection.
3. With the application, the entrepreneur shall make a declaration of the following content:
" I declare that:
1) the data contained in the application for entry in the register of activities in the scope of the product or the spilt of spirit drinks are complete and truthful;
2) I am known to me and fulfil the conditions for the pursuit of economic activities in the area of the product or spilling of spirit drinks, as defined in the Act of 13 September 2002. Of spirit drinks. '
4. The statement shall also include:
1) the company of the entrepreneur, its registered office and address;
2) the designation of the place and the date of the declaration;
3) the signature of the person entitled to represent the entrepreneur.
Article 25. 1. The following data shall be entered in the register:
1) the company and the seat of the entrepreneur and his address;
2) the number in the register of entrepreneurs or records of business activity;
3) tax identification number (NIP);
4) determination of the type of economic activity covered by the entry;
5) determination of the place or places of business activity;
6) date of entering the entry.
2. The register may be carried out in an IT system.
3. The register is overt.
4. The authority of the registry shall issue an attestationof the entry in the register or a certificate of change of entry in the register from the office.
Article 26. The registry authority shall issue a decision prohibiting the pursuit of an activity by the trader in the cases referred to in the Act of 2 July 2004. the freedom of economic activity and in the event of the withdrawal by the taxable person of the customs office of the customs office, in accordance with the rules laid down in the separate rules, to allow the tax warehouse to be carried out. ';
2) after art. 26 the following Articles shall be inserted. 26a and 26b, as follows:
" Art. 26a. In the event of the termination or suspension of an economic activity in respect of the product or the spirit of spirit drinks, the trader shall be obliged to notify, within 14 days from the date of termination or suspension of the performance of the activity, economic, the authority of the registry.
Art. 26b. The provisions of the Act of 2 July 2004 shall apply to matters relating to the performance of activities in respect of the product or the spilting of spirit drinks not regulated by law. the freedom of economic activity. ';
3. Article 31 is replaced by the following
" Art. 31. 1. Who without the required entry in the register is expressed or spilt with spirit drinks
-is subject to a fine, punishable by restriction of liberty or imprisonment by the year.
2. Who is permitted to act as referred to in paragraph. 1, if the act concerns spirits of significant value
-shall be punished by the fine, punishable by restriction of liberty or imprisonment by the age of 2. '
Article 53. [ The Act on Biocidal Products] In the Act of 13 September 2002. of biocides (Dz. U. No 175, pos. 1433 and 2003 Nr 189, item. 1852) in art. Point 6 shall be replaced by the following:
"6." the body responsible for the first introduction of the biocidal product or the active substance on the market, hereinafter referred to as "the applicant" " -an entrepreneur or his representative or a branch of a foreign entrepreneur within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807), as well as an entrepreneur or his representative, who is established in the territory of a Member State of the European Union, ".
Article 54. [ Law on the carriage of dangerous goods by road] In the Law of 28 October 2002 on the carriage of dangerous goods by road (Dz. U. Nr. 199, pos. 1671 and 2004 Nr 96, pos. 959 and Nr 97, pos. 962) is amended as follows:
1. 12 is replaced by the following
" Art. 12. 1. Economic activity in the scope of conducting the training courses is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) and requires an entry in the register of entrepreneurs conducting the training courses.
2. An entrepreneur performing an economic activity referred to in the mouth. 1, hereinafter referred to as the 'heading leading', subject to Article 14, is required to meet the following conditions and requirements:
1) to have a seat or place of residence on the territory of the Republic of Poland
2) have premises and didactic equipment in order to ensure that the training course is carried out in accordance with its programme;
3) provide the course of the training course by the lecturers who:
(a) have a higher education and at least five years of professional practice in the field of: the characteristics of dangerous goods, the construction and operation of packaging, tanks and vehicles intended for their transport, road and chemical rescue, fire protection or traffic safety or
(b) hold the certificate of adviser referred to in Article 24 ust. 1 point 4;
4) have a set of regulations for the transport of dangerous goods as well as didactic measures, appropriate to the type of the training course conducted, in particular: board, transit, photographs, films, computer software, vehicle models and consignments, model documents;
5) to be able to carry out practical exercises subject to the course of the training course.
3. The activities referred to in paragraph. 1, may execute an entrepreneur:
(1) in respect of which the liquidation or bankruptcy of which has not been opened has not been opened;
2) who has not been legally convicted of a criminal offence committed in order to achieve property benefits or a crime against documents-concerns the natural person or members of the bodies of a legal person.
4. An entry to the register of entrepreneurs conducting the refresher courses shall be made at the written request of the entrepreneur containing the following data:
1) the company of the entrepreneur and its registered office and address or address of residence;
2) the number in the register of entrepreneurs or records of business activity;
(3) the tax identification number (NIP), if the trader has such a number;
4) the scope of the conducted courses;
5) the date and signature of the entrepreneur.
5. Together with the application referred to in paragraph. 4, the entrepreneur shall make a declaration of the following contents:
" I declare that:
1) the data contained in the application for entry to the register of entrepreneurs conducting the refresher courses are complete and truthful;
2) I am known to me and I fulfil the conditions for the pursuit of business activities in the scope of conducting the training courses, set out in the Act of 28 October 2002. the carriage of dangerous goods by road. '
6. The statement shall also include:
1) an entrepreneur company;
2) the designation of the place and the date of the declaration;
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function. ";
2. Article 13 is replaced by the following
" Art. 13. 1. The register of entrepreneurs conducting the training courses is the marshal of the voivodship.
2. Entry to the register referred to in paragraph. 1, the following data shall be subject:
1) entrepreneur company;
2) the number in the register of entrepreneurs or records of business activity;
3) the tax identification number (NIP) of the entrepreneur;
4) the premises of the entrepreneur and his address;
5) the scope of the conducted courses.
3. In order to demonstrate compliance with the requirements referred to in Article 12 (1) 2 and 3, the entrepreneur is obliged to have:
1) a document specifying the status of an entity which is a legal person or an organisational unit without legal personality or a document stating the identity of a natural person;
2) a copy of the certificate of granting the tax identification number (NIP);
3) a detailed programme of course courses containing the subjects of classes, with an indication of their duration and of teaching methods;
4) copies of the documents confirming the qualifications and the subject of the professional activities of the lecturers. ";
3. Article 14 is replaced by the following
" Art. 14. A military unit may conduct training courses for soldiers designated for the transport of dangerous goods, subject to compliance with the requirements referred to in Article 4. 12 (1) 2 points 2 to 5. ';
4) in art. 15:
(a) paragraphs 2.
" 2. The Marshal of the voivodship has the right to conduct control in the scope
1) the fulfilment by the presenter of the course of conditions and requirements referred to in art. 12 (1) 2 and 3;
2) the compliance of the conducted course with:
(a) the provisions referred to in Article 18 (1) 2,
(b) the information referred to in Article 16 ust. 1 point 1 and paragraph. 2. ',
(b) after paragraph. 4 The paragraph shall be added. 4a as follows:
' 4a. The Marshal of the voivodship, in the event of a determination by a person authorized to check the breaches of the conditions for performing the activity, may set a date for their removal. "
5) art. 17 is replaced by the following
" Art. 17. 1. The Marshal of the voivodship issues a decision to ban the entrepreneur of the training courses, in the cases specified by the provisions of the Act of 2 July 2004. about the freedom of economic activity.
2. The breach of the conditions for the performance of the courses of conduct in the field of training courses is:
1) conducting courses in a manner inconsistent with:
(a) the provisions referred to in Article 18 (1) 2,
(b) the documentation referred to in Article 13 (1) 3 (3) and (4),
(c) the information referred to in Article 16 ust. 1 point 1 and paragraph. 2;
2) issue not in accordance with the state of the factual certificate of completion of the course of the training course;
3) failure to submit the information referred to in art. 16 ust. 1 point 1, or failure to update the list of participants referred to in art. 16 ust. 2;
4) failure to ensure the participation of the representative of the Marshal of the voivodship in the composition of the committee conducting the examination ending the course of the education;
5) impediments to the control of the training course.
3. In the event of deletion of the entrepreneur from the register of entrepreneurs conducting the refresher courses, the re-entry to the register of regulated activities in this respect may take place only on the basis and within the time limits specified in art. 72 of the Act of 2 July 2004. the freedom of economic activity. ';
6) in art. 18 in the mouth. 2:
(a) point 1 shall be replaced by
"(1) detailed requirements in respect of undertakings engaged in the pursuit of training courses;",
(b) the following point 1a is inserted after point 1:
"1a. a model of the application for entry in the register of entrepreneurs conducting the refresher courses and a model certificate confirming the trader's entry into that register;";
7) art. 25 is replaced by the following
" Art. 25. The initial course and the improvement course lead the entrepreneurs referred to in art. 12, and the military units referred to in art. 14. ';
8) art. 38 is replaced by:
" Art. 38. Foreign entrepreneurs from the Member States of the European Union shall be deemed to fulfil the condition referred to in art. 12 (1) 2 point 1. '.
Article 55. [ Act on the amendment of the Act on Social Insurance System] In the Act of 18 December 2002. to amend the Act on Social Insurance System and to change some other laws (Dz. U. No 241, pos. 2074 and 2004. Nr 121, pos. 1264) art.19 is repealed.
Article 56. [ Bankruptcy and remedial laws] By Law of 28 February 2003. -Bankruptcy and remedial law (Dz. U. Nr 60, poz. 535, of late. 1. 38) ) in Article 496 par. 2.
" 2. On the day of the opening of the remedial proceedings, the trader shall submit an application for the entry of information about the opening of the remedial proceedings in accordance with the National Court Register or the records of economic activity. '
Article 57. [ Rail transport law] In the Law of 28 March 2003. o Rail transport (Dz. U. Nr 86, pos. 789, with late. 1. 39) ) the following amendments shall be made:
1) in art. Paragraph 43 shall be repealed. 6;
2. in Art. 48:
(a) in paragraph. Paragraph 2 is replaced by the following:
"(2) the number in the business register or the records of economic activity;",
(b) in paragraph. 3 point 1 is replaced by the following:
"1) a copy from the business register or a certificate of entry in the records of economic activity;".
Article 58. [ Postal law] In the Act of 12 June 2003. -Postal law (Dz. U. Nr 130, poz. 1188 and 2004 Nr 69, pos. 627, Nr 96, poz. 959 and Nr 171, pos. 1800. the following amendments shall be made as follows:
1. 6 is replaced by the following
" Art. 6. 1. Carrying out of postal activities on the reception, movement and delivery of consignments of domestic and foreign consignments:
1) consignments for ociemnious,
2) with correspondence up to 2000 g, excluding:
(a) the consignments referred to in Article 47 para. 1 point 1 lit. a and point 2, subject to Article 47 para. 2 and 4,
(b) consignments accepted, moved and delivered in a way other than that specified for the universal postal service
-requires authorisation to perform the postal activity, hereinafter referred to as "the authorisation", if the provisions of the Act do not stipulate otherwise.
2. Execution of a postal activity which does not require authorisation shall be a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) and is subject to the entry in the register of postal operators, hereinafter referred to as "the register", on the basis of a written request.
3. Does not require an entry in the register of the postal activity consisting in the reception, movement and delivery of unaddressable printed forms.
4. Does not require an entry in the register of activities carried out by the agent or postal agent on the basis of a agency contract concluded with the operator in accordance with the provisions of the Civil Code.
5. The provisions of the paragraph. 1 and 2 shall not apply to the exercise of the postal activities by the public operator in the provision of the universal postal services referred to in Article 3. 46. ';
2. Article 7 is replaced by the following
" Art. 7. The issue, refusal or withdrawal of authorisation shall be made by decision. ';
3. Article 8 is replaced by the following
" Art. 8. The authority competent for the authorisation and the entry in the register shall be the President of the Office for Telecommunications and Mail, hereinafter referred to as the 'President of the URTiP'. ';
4) in art. 9:
(a) in paragraph. Point 2 shall be replaced by the following:
"(2) the number in the business register or in any other relevant register or records of business activity and the tax identification number (NIP);",
(b) in paragraph. Paragraph 2 is replaced by the following:
"2. the current copy of the certificate on the granting of the tax identification number (NIP);";
5) after art. 14 The following Article shall be inserted. 14a as follows:
" Art. 14a. Postal activities within the scope of the registration obligation may be carried out by an entrepreneur who:
1) provide the conditions for the observance of the postal secrecy referred to in art. 39 (1) 1;
2) ensure the safety of the consignments at the various stages of the provision of the service within the scope referred to in art. 22 par. 1 points 1 and 2 and 5;
3) specify in the rules of service provision the circumstances of the recognition of the postal service as undone or improper executed, and transparent and non-discriminatory conditions of complaint handling and handling of complaints;
4) was not legally convicted of a deliberate offence against the protection of information, the reliability of the documents, property, the economic defence, the turnover of money and securities, or a deliberate tax crime-this applies to individuals acting in its own name business or persons who direct the business of legal persons or business units which are not a legal person, to which a separate law grants legal capacity;
5. ensure that the performance of the activity covered by the entry in the register does not jeopardise the defence, state security or security and public order. ";
6) art. 15 is replaced by the following
" Art. 15. 1. The application for entry in the register shall contain the following data:
1) the company of the entrepreneur, its registered office and address or address of residence;
2) the designation of the legal form and the number in the register of entrepreneurs either in another relevant register or in the records of the business activity;
(3) the tax identification number (NIP), if the trader has such a number;
4) determination of the scope of intended postal activity;
5) the area on which the postal activity will be carried out.
2. Together with the application referred to in paragraph. 1, the entrepreneur shall make a declaration of the following contents:
" I declare that:
1) the data contained in the application for entry in the register of postal operators are complete and truthful;
2) I am known to me and fulfil the conditions for doing business in the area covered by the obligation to obtain an entry in the register of postal operators, set out in the Act of 12 June 2003. -Postal law. '.
3. The statement shall also include:
1) the company of the entrepreneur, its registered office and address;
2) the designation of the place and the date of the declaration;
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
4. The entrepreneur is obliged to store, for the period of the postal activity performed, all the documents necessary to show the fulfilment of the conditions for the performance of the activity covered by the obligation of entry in the register. ";
7. the Article shall be repealed. 16;
8) art. 17 is replaced by the following
" Art. 17. 1. The postal operator performing the post office is obliged to report to the President of URTiP:
1) in the case of activities covered by the permit-changes of the data referred to in art. 9 ust. 1 and paragraph. 2 points 1 and 3 (a) a and b,
2) in the case of activities covered by the entry in the register-changes of the data referred to in art. 15 para. 1
-within 14 days from the date of their formation.
2. An operator performing a post office activity on the basis of an authorisation granted or an entry in the register is obliged to report to the President of URTiP the fact of suspension or termination of the postal activity within 14 days from the day of suspension or termination that activity. ';
9. Article 18 is replaced by the following
" Art. 18. The provisions of Article 1 shall apply mutatis mutandis to the extension of the scope or area of activity covered by an authorisation or entry in the register. 9-12 or art. 15. ';
10) art. 19 is replaced by the following
" Art. 19. The powers of an authorised economic operator, as well as the rights deriving from the entry in the register, shall not be transferred to entities resulting from the distribution of the licence or to any other party. ';
11) art. 20 is replaced by the following
" Art. 20. 1. The President of URTiP shall keep a register of:
1) the identification of the operator, its registered office and address;
2) the number in the register of entrepreneurs either in another relevant register or in the records of business activity and the tax identification number (NIP);
(3) the scope of the postal activities performed, taking into account the breakdown referred to in Article 6 para. 1 and 2;
4. in the case of operators carrying out activities covered by the authorisation, the period of validity of the authorisation;
5) the area of the postal activity performed;
6) information on the change of the data referred to in points 1 to 5, as well as the fact of the suspension or termination of the performance of the postal activity.
2. The register consists of two parts:
1) the register of permits referred to in Article 6 para. 1;
(2) a register of postal activities which does not require authorisation, as referred to in Article 3 (2) of 6 para. 2.
3. The register is overt.
4. The register may be carried out in the IT system.
5. The President of URTiP shall enter the entry in the Register within 7 days from the date of issue of the permit or the date of the impact of the application for entry in the register together with the statement referred to in art. 15 para. 2.
(6) The President of the URTiP shall amend the data covered by the register referred to in Article 6. 15 para. 1, within 7 days from the date of the notification of the notification of data change. ';
12) after art. 20 The following Article shall be inserted. 20a as follows:
" Art. 20a. To the extent to which the Act does not comply with the Act, the provisions of the Act of 2 July 2004 shall apply to the postal activity. the freedom of economic activity. ';
13) in art. 22 in the mouth. Point 4 shall be replaced by the following:
"(4) the postal service is to be carried out in whole or in part in an area not covered by the permit or entry in the register;";
14) in art. 63 par. 2.
" 2. The President of URTiP controls:
1) the postal activities carried out on the basis of the Act:
(a) in respect of infringements of the rights reserved to the public operator by other undertakings,
(b) in the provision of postal services,
(c) with regard to the application by the operator providing universal postal services with minimum requirements for the quality of the universal postal services referred to in Article 3 (1) of the basic Regulation. 46 (1) 3 point 1 (b),
(d) in respect of obligations concerning the provision by the operator of universal postal services to persons with disabilities in access to the provision of universal postal services,
(e) not in accordance with the conditions set out in the authorisation or required for the performance of the postal activity on the basis of the entry in the register;
2) in order to detect activities performed without the required permit or entry in the register. ";
15) in art. Paragraph 64 shall be repealed. 2;
16) in art. 65 par. 2.
" 2. Where the provision of postal services is established without the required authorisation or entry in the register. The President of the URTiP shall issue a decision ordering the cessation of activities. The decision shall be immediately enfordented. ';
17) in art. 67 par. 1 is replaced by the following
" 1. The monetary penalty shall be subject to an entity which:
1) provides postal services without the required permission, contrary to its conditions or without entry to the register;
2) not being a public operator, provides reserved services not in accordance with art. 47 para. 2;
3) emit postal fee signs not declared in the list or characters inconsistent with the requirements of the Act or emits postal or envelopes with the printed sign of the postal fee not in accordance with the requirements of the Act;
4) do not fulfil the obligations or tasks for the defence and security of the state or security and public order, in the scope and under the conditions laid down by the Act;
5. being an operator providing universal postal services:
(a) does not apply the requirements referred to in Article 3. 52 par. 1 and 2,
(b) do not submit the information referred to in Article (s) in accordance with the procedure or time limit 52 par. 3,
(c) it does not submit the report referred to in Article 3 in accordance with the procedure or date. 52 par. 6,
(d) does not submit the information referred to in Article 44 par. 1a;
6) being an operator:
(a) does not submit the information referred to in Article 44 par. 1 and 2,
(b) does not notify the President of URTiP of any changes to the actual and legal status covered by the authorisation or entry in the register,
(c) does not apply the signs of the postal fee and the markings as laid down in Article 31 par. 1 and 2,
(d) does not submit a required report of the postal activity or the required information on the scope of that activity. '.
Article 59. [ Law on Payment Terms in Commercial Transactions] In the Act of 12 June 2003. with deadlines for payment in commercial transactions (Dz. U. No 139, pos. 1323 and 2004 No 19, pos. 177 and No 96, pos. 959) in art. Points 1 and 2 are replaced by the following:
" (1) an entrepreneur within the meaning of Article 4 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807);
2) entities carrying on the activities referred to in art. 3 of the Act of 2 July 2004. about the freedom of economic activity; '.
Article 60. [ The Act on granting foreigners protection to the territory of the Republic of Poland] In the Act of 13 June 2003. o grant to foreigners protection in the territory of the Republic of Poland (Dz. U. Nr 128, poz. 1176 and 2004 Nr 96, pos. 959) art. 116 is amended as follows:
" Art. 116. A foreigner benefiting from temporary protection may carry out work without a work permit or perform an economic activity under the conditions laid down in the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807). '
Article 61. [ Law on seed] In the Act of 26 June 2003. on the increase in education (Dz. U. Nr. 137, pos. 1299 and 2004 Nr 96, pos. 959) is amended as follows:
1. 54 is replaced by the following
" Art. 54. 1. The economic activity in the field of marketing of seed is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) and requires an entry in the register of entrepreneurs carrying out the marketing of seed, hereinafter referred to as the "register".
2. The provisions of the paragraph. 1 shall not apply to suppliers and producers of propagating seed of vegetable and ornamental plants and nursery material produced and sold on the territory of the same county where it is intended for non-profit-making needs of its own recipients.
3. The operator of the registry shall be the provincial inspector competent for the place of residence or seat of the entrepreneur.
4. The application for entry in the register shall contain the following data:
1) the company, the place of residence or the address of the entrepreneur, or the address of residence;
2) the number in the register of entrepreneurs or in the records of business activity;
(3) the tax identification number (NIP), if the trader has such a number;
4) an indication of the type of activity performed;
5) the name of the person authorized to contact the provincial inspector;
6) the date and signature of the entrepreneur.
5. With the application, the entrepreneur shall make a declaration of the following content:
" I declare that:
1) the data contained in the application for entry in the register of traders carrying out the marketing of the seed shall be complete and truthful;
2) I am known to me and I fulfil the conditions for the pursuit of economic activities in the scope of marketing of seed, as set out in the Act of 26 June 2003. o potentiation. '
6. The statement shall also include:
1) the company of the entrepreneur, its registered office and address;
2) the designation of the place and the date of the declaration;
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
7. The entry in the register shall be subject to the data referred to in paragraph 1. 4 points 1 to 5, with the exception of the address of residence if it is different from the address of the place of establishment.
8. The register may be carried out in the IT system.
9. To the non-regulated extent in the Act to the activities referred to in paragraph. 1, the provisions of the Act of 2 July 2004 shall apply. the freedom of economic activity. ';
2. in Art. 70 in the mouth. Point 3 shall be replaced by the following:
"3) carries out the marketing of seed without entry in the register,".
Article 62. [ Act on biocomponents used in liquid fuels and liquid biofuels] In the Act of 2 October 2003. with biocomponents used in liquid fuels and liquid biofuels (Dz. U. Nr. 199, pos. 1934 and 2004 Nr 34, pos. 293 and No. 109, pos. 1160) the following amendments shall be made:
1) in art. 2:
(a) point 9 shall be replaced by
" 9) manufacturer-entrepreneur within the meaning of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) producing or storing bio-components; ',
(b) point 12 shall be replaced by
" (12) producer-entrepreneur within the meaning of the Act of 2 July 2004. of the freedom of economic activity with a concession for the production or marketing of liquid fuels issued pursuant to the provisions of the Law of 10 April 1997. -Energy law (Dz. U. 2003 r. No. 153, pos. 1504, of late. 1. 40) ), which is involved in the production, import or composing and marketing of liquid fuels or liquid biofuels; ';
2. Chapter 2 is replaced by the following:
' Chapter 2
Manufacture or storage of bio-components
Article 3. 1. The economic activity in the field of manufacture or storage of biocomponents is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. on the freedom of economic activity and requires an entry in the register of entrepreneurs producing or storing biocomponents, hereinafter referred to as 'the register'.
2. The authority responsible for the register shall be the minister responsible for the agricultural markets, hereinafter referred to as the 'registered authority'.
Article 4. 1. An entrepreneur performing the activities referred to in art. 3 para. 1, shall meet the following conditions:
1) hold a legal title to the building facilities in which the activity will be carried out;
2) have adequate technical equipment and building facilities to enable the proper performance of the business;
3) ensure that the technical equipment and construction objects intended for the performance of the business meet the requirements set out in the regulations on fire protection, sanitary and environmental protection.
2. The activity of the manufacture or storage of biocomponents may execute an entrepreneur who has not been punished for offences against property, reliability of documents, turnover of money and securities, against turnover The host and the treasury.
3. The item in the register shall be made on the written request of the entrepreneur, containing the following data:
1) the company of the entrepreneur, its registered office and address or address of residence;
2) the number in the register of entrepreneurs or records of business activity;
(3) the tax identification number (NIP), if the trader has such a number;
4) determination of the type and scope of activity;
(5) an indication of the place or place of business;
6) statement that at the time of application the entrepreneur is not in arrears with payments to the tax authorities, the Social Insurance Institution or the Agricultural Social Insurance Fund.
4. Together with the application the entrepreneur shall make a statement of the following content:
" I declare that:
1) the data contained in the application for entry in the register of entrepreneurs producing or storing bio-components are complete and truthful;
2) I am known to me and fulfil the conditions for the performance of the production or storage of biocomponents, as defined in the Act of 2 October 2003. o biocomponents used in liquid fuels and liquid biofuels. '
5. The statement shall also include:
1) the company of the entrepreneur, its registered office and address;
2) the designation of the place and the date of the declaration;
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
Article 5. 1. The following data shall be entered in the register:
1) the company, the entrepreneur's head office, his address and the tax identification number (NIP);
2) determination of the type and scope of activity;
(3) determination of the place or place of business;
4) the date of the entry.
2. The register may be carried out in an IT system.
3. The register is overt.
Article 6. 1. The registry authority shall be entitled to control the activities carried out within the scope of the entry.
2. The audit concerns compliance with the conditions for the performance of the activities covered by the
3. The control shall be carried out on the basis of a written authorization issued by the registry authority, which should contain:
1. the authorisation number;
2) an indication of the legal basis of the inspection;
3. designation of the control authority;
4) the name, job title and number of the official ID;
5. determination of the scope of the inspection
(6) the designation of the undertaking under control;
7) indication of the start date and the expected date of completion of the check;
(8) the signature of the person granting the authorisation, stating his position or function;
9) lectures on the rights and obligations of the controlled entrepreneur;
10. the term of the authorisation.
4. The persons authorised to carry out checks shall be entitled in particular to:
1) admission to the property, premises, premises or their parts, where the activities referred to in art are carried out. 3 para. 1;
2) requests for oral or written explanations, presentation of documents or other media of information and the provision of data related to the subject of control.
5. Control activities shall be carried out in the presence of the entrepreneur or the person authorized by him.
(6) A protocol shall be drawn up from the inspection which shall be signed by the inspecting officer and the person referred to in paragraph 1. 5. If the person referred to in the paragraph is refused to sign the minutes. 5. the inspecting shall include an appropriate endorsement in the Protocol.
(7) The authority of the Registers may authorise the checks referred to in paragraph 1. 1, another administrative body specialised in the control of a given type of activity. The provisions of the paragraph 2-6 shall apply mutatis mutandis.
Article 7. 1. The registry authority shall issue a decision prohibiting the exercise by the trader of the activities of manufacturing or storage of biocomponents in the cases specified in the Act of 2 July 2004. about the freedom of economic activity.
2. In the event of termination or suspension of activities in the area of manufacture or storage of biocomponents, the entrepreneur is obliged to notify, within 14 days from the day of completion or suspension of the performance of the business activity, the body registry.
Article 8. The provisions of the Act of 2 July 2004 shall apply in cases not governed by the Act. the freedom of economic activity. ';
3) in art. 17 para. 1 is replaced by the following
" 1. The monetary penalty shall be subject to the following:
1) without an entry in the register produces or stores bio-components;
2) has not submitted a quarterly report referred to in Article 4 on the date on which it is required to do so. 15 para. 1 and 2, or gave untrue data in this report;
3. being a producer, has not introduced biocomponents or placed on the market, in a given calendar year, biocomponents in a quantity less than that determined on the basis of art. 12 (1) 6;
4. producing liquid fuels or liquid biofuels, uses biocomponents originating from sources other than those referred to in Article 4. 12 (1) 3;
5. it shall place on the market the biocomponents which do not comply with the quality requirements. '
Article 63. [ The Plant Protection Act] In the Act of 18 December 2003. o plant protection (Dz. U. of 2004 No 11, pos. 94 and No 96, pos. 959) is amended as follows:
1. 64 shall be replaced by:
" Art. 64. 1. The economic activity in the area of the packaging or marketing of plant protection products is a regulated activity within the meaning of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) and require an entry in the register of entrepreneurs performing activities in the field of packaging or marketing of plant protection products, hereinafter referred to as "the register".
2. Paragraph Recipe 1 shall not apply to producers of plant protection products which have been authorised by the Minister responsible for agriculture to place a given plant protection product on the market.
3. The operator of the registry shall be the provincial inspector competent for the purpose of the establishment or place of residence of the entrepreneur.
4. An entrepreneur performing the activities referred to in the paragraph. 1, shall meet the following conditions:
1) complete the training in the marketing and packaging of plant protection products and hold an up-to-date attestation of completion of this training;
2) hold a legal title to the building facilities in which the activity will be carried out;
3) possess the attestation of the district commandant of the State Fire Service, the state district health inspector and the provincial environmental protection inspector stating that the construction works and technical equipment intended for the implementation of the economic activities covered by the application meet the requirements set out in the regulations on fire protection, sanitary and environmental protection.
5. Confectionation of plant protection products may be carried out with the consent of the operator, who has obtained the authorisation of the minister responsible for agriculture for the authorisation of the plant protection product on the market and after agreement of the type of packages concerned. ";
2. Article 65 is replaced by the following
" Art. 65. 1. An entry in the register shall be made at the written request of the trader containing the following particulars:
1) the company of the entrepreneur, its registered office and address or address of residence;
2) the number in the register of entrepreneurs or in the records of business activity;
(3) the tax identification number (NIP), if the trader has such a number;
4) determination of the type and scope of activity;
(5) an indication of the place or place where the plant protection products are to be presented or placed on the market and for their storage.
2. Together with the application referred to in paragraph. 1, the entrepreneur shall make a declaration of the following contents:
" I declare that:
1) the data contained in the application for entry in the register of entrepreneurs performing activities in the field of packaging or marketing of plant protection products shall be complete and truthful;
2) I am known to me and fulfil the conditions for the pursuit of business activities in the field of packaging or marketing of plant protection products, as defined in the Act of 18 December 2003. o plant protection. '.
3. The statement shall also include:
1) first name, surname, address of the entrepreneur or company of the entrepreneur, its registered office and address;
2) the designation of the place and the date of the declaration;
3) the signature of the person entitled to represent the entrepreneur with an indication of the name and the name and function.
4. The entry in the register shall be subject to the data referred to in paragraph 1. 1, with the exception of the address of residence, if it is different from the address of the seat.
5. The register may be carried out in an IT system. ";
3) in art. 80 point 1 is replaced by the following:
"(1) the keeping of the register and the control of the operators engaged in the confectionation or marketing of plant protection products;";
4) in art. 91 (1) 4.
" 4. The authorisation referred to in paragraph 1. 1, contains:
1. the authorisation number;
2) an indication of the legal basis of the inspection;
3. designation of the control authority;
4) the name, job title and number of the official ID;
5. determination of the scope of the inspection
(6) the designation of the undertaking under control;
7) indication of the start date and the expected date of completion of the check;
(8) the signature of the person granting the authorisation, stating his position or function;
9) lectures on the rights and obligations of the controlled entrepreneur;
10. the term of validity of the authorisation. ";
5. in Art. 94 par. 1 is replaced by the following
" 1. The control activities shall be carried out at the premises and during the execution of the activity or on the premises of the controlled entity, in its presence or in the presence of the person authorised by the controlled entity. ';
6) in art. 108 (1) 1 is replaced by the following
" 1. Who shall carry out marketing of plant protection products not authorised or without the required entry in the register shall carry out a confectionation or marketing of plant protection products, shall be obliged to withdraw them from the market at his own expense and to bring them to the market. the account of the tax office competent for the seat of the holder or the place of his or her residence of a penalty fee of 200% of the value of the value of the plant protection products placed on the market at their purchase price, in accordance with the the sales document issued. '.
Article 64. [ Law on the manufacture of wine products and the distribution of wine products] In the Law of 22 January 2004. the product and organisation of wine products, the marketing of such products and the organisation of the market in wine (Dz. U. No 34, pos. 292) is amended as follows:
1. the title of Chapter 3 is replaced by the following
'Execution of economic activities in the field of product and spilling of wine products';
2. Article 16-22 are replaced by the following:
" Art. 16. 1. Economic activity in the field of product or spilling of wine products is a regulated activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) and requires the entry of an entry in the register of entrepreneurs doing business in the scope of the product or spilling of wine products, hereinafter referred to as "the register".
2. The economic activity in the product range of wine products may also cover the spilling of the manufactured wine products.
3. The requirement to obtain an entry in the register shall not apply to entities which express exclusively grape wine obtained from grapes coming from their own crops.
Article 17. 1. An economic operator who carries out an economic activity in the field of product or spilling of wine products shall be subject to the following conditions:
1. implement the internal control system for the manufacture or spilling of wine products, including, in particular, the definition of:
(a) the frequency and manner of sampling for qualitative tests,
(b) test methods,
(c) the treatment of wine products which do not comply with the quality requirements;
2. have an establishment plan covering, in particular, production premises, storage, social and sanitary facilities, with:
(a) technological lines,
(b) the movement of raw materials and finished products,
(c) work stations;
3. designate the person responsible for the control of the quality of wine products;
4) dispose of building facilities equipped with:
(a) storage and storage tanks for wine products, the total technological capacity of which shall be at least 50% of the monthly volume of the production of wine products or 75% of the monthly volume of the product of fermented beverages wine products and, in the case of wine spilling, the technological capacity of the containers shall be at least 25% of the monthly volume of the spilling,
(b) filtration equipment to ensure that the required clarity of the product is obtained,
(c) equipment for the preparation of prepackages, in particular the equipment for washing and disinfecting,
(d) unit-wrapping equipment,
(e) laboratory equipment capable of carrying out physical-chemical analyses of the products and products in which it is distributed;
5) ensure that the building facilities and technical equipment intended to perform the business activity in this respect meet the requirements set out in the regulations on fire protection, sanitary and environmental protection.
2. An economic activity in the field of product or spilling of wine products may be carried out by the entrepreneur:
1) having a legal title to the construction works in which the activity is to be carried out;
2) unpunished for offences against property and reliability of documents, and in the case of an entrepreneur who is a legal person-whose board member has not been punished for crimes against the property and reliability of documents.
3. The conditions referred to in paragraph. 1 point 4 (a) c and d, do not apply to traders present in the register for the manufacture of wine products without the possibility of spilling them.
Article 18. The registry authority shall be the Minister responsible for the agricultural markets, hereinafter referred to as the 'registry authority'.
Article 19. 1. The entry in the register shall be made at the request of the trader
2. The application for entry in the register shall contain the following data:
1) the company of the entrepreneur, its registered office and address or address of residence;
2) the number in the register of entrepreneurs or records of business activity;
(3) the tax identification number (NIP), if the trader has such a number;
4) determination of the type of business activity to be performed;
5) an indication of the place or places of establishment of the business;
6) statement that the entrepreneur on the day of submission of the application:
(a) does not have an advantage with the Treasury and the Social Insurance Institution or the Agricultural Social Insurance Fund,
(b) has a positive technical and technological opinion on the product or spilling of wine products, issued by the competent, due to the planned place of business of the voivodship of the commercial quality of the articles agri-food, which confirms that the operator has fulfilled the conditions referred to in Article 4 (1). 17 para. 1 point 4,
(c) shall have a certificate of impunity for the offences referred to in Article 3. 17 para. 2 point 2,
d) has the attestation of the district commandant (city) of the State Fire Service, the state district health inspector and the provincial environmental protection inspector stating that the construction works and technical equipment intended to carry out the economic activities covered by the application meet the requirements set out in the regulations on fire protection, sanitary and environmental protection.
3. Together with the application the entrepreneur shall make a statement of the following content: " I declare that:
1) the data contained in the application for entry in the register of entrepreneurs performing the activity in the scope of the product or the spilling of wine products are complete and truthful;
2) I am known to me and fulfil the conditions for the pursuit of economic activities in the scope of the product or spilling of wine products, as defined by the Act of 22 January 2004. the article on the production and distribution of wine products, the marketing of such products and the organisation of the market in wine. '
4. The statement shall also include:
1) the company of the entrepreneur, its registered office and address;
2) the designation of the place and the date of the declaration;
3) the signature of the person entitled to represent the entrepreneur, with an indication of the name and the name and the function.
Article 20. 1. The following data shall be entered in the register:
1) the entrepreneur's company, its registered office and address;
2) the number in the register of entrepreneurs or records of business activity;
3) tax identification number (NIP);
4) determination of the type of economic activity covered by the entry;
5) the determination of the place or places of establishment of the business;
6) date of entering the entry.
2. The register may be carried out in an IT system.
3. The register is overt.
4. The authority of the registry shall issue an attestationof the entry in the register or a certificate of change of entry in the register from the office.
Article 21. The registry body shall issue a decision prohibiting the pursuit of an activity by the entrepreneur in the cases specified by the provisions of the Act of 2 July 2004. the freedom of economic activity and in the case of the withdrawal by the taxpayer of the customs office of the customs office, in accordance with the rules laid down in the separate rules, the authorization to operate the tax warehouse.
Article 22. 1. In the event of an end or suspension of an economic activity in respect of a product or a wine product, the trader shall be obliged to inform the registry operator thereof within 14 days from the date of completion or suspension of the operation. economic activities.
2. In cases concerning the performance of activities in the field of product or spilling of wine products, not regulated by the Act, the provisions of the Act of 2 July 2004 apply. the freedom of economic activity. ';
3) in art. 26 par. 2.
" 2. Undertakings engaged in an economic activity on the basis of an entry in the register shall, by 31 August of each year, submit to the competent authority of the Agency the information on the economic activities of the regional branch of the Agency on the basis of the entry into force of the size of stockpiles of grape musts and grape wines, broken down by white and red musts and white and red wines, as at 31 July. ';
4. Article 29 and 30 are replaced by the following:
" Art. 29. 1. Who, without the required entry in the register, expresses or spilts wine products
-is subject to a fine, punishable by restriction of liberty or imprisonment by the year.
2. Who is permitted to act as referred to in paragraph. 1, where the act concerns wine products with a significant value
-is subject to a fine, punishable by restriction of liberty or imprisonment by the age of 2.
Article 30. Who, being entered in the register:
1) has not implemented an internal control system, does not have an establishment plan or has not appointed a person responsible for quality control,
2) did not notify the operator of the register of the termination of the business activity specified in the entry within 14 days from the date of termination of this activity
-shall be subject to a fine. ';
5) after art. 33 The following Article shall be inserted. 33a as follows:
" Art. 33a. Proceedings in the cases referred to in Article 30, 31 and 33, they shall be in accordance with the provisions of the offences. '
Article 65. [ Act on the system of monitoring and monitoring the quality of liquid fuels and liquid biofuels] In the Act of 23 January 2004. a system for monitoring and monitoring the quality of liquid fuels and liquid biofuels (Dz. U. No 34, pos. 293) in art. 3 in the mouth. Point 1 shall be replaced by the following:
" 1) entrepreneur-entrepreneur referred to in the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807), performing an economic activity in the field of liquid fuel or liquid biofuels trading; '.
Chapter 3
Repeal and transitional and final provisions
Article 66. [ Repealed provisions] On the date of the entry into force of the Act on the freedom of economic activity, the Act of 19 November 1999 is repealed. -Law of economic activity (Dz. U. Nr 101, pos. 1178, with late. 1. 41) ), with the exception of:
1. 53-56, which are repealed with effect from 31 December 2004;
2. Article 7, which is repealed with effect from 31 March 2009;
3) [ 1] art. 7b par. 10 and Art. 7i, which are repealed with effect from 1 July 2011;
4) [ 2] art. 7a, art. 7b par. 1-9, art. 7ba, art. 7c, art. 7d, art. 7e, art. 7f, art. 7g, art. 7h, which are repealed with effect from 31 December 2011.
Article 67. [ Submission of the application] Entrepreneurs who, before the entry into force of the Act of 2 July 2004 about the freedom of economic activity (Dz. U. Nr 173, pos. 1807) were not obliged to obtain an entry in the records of business activity, they are obliged, within 6 months from the date of entry into force of this Act, to submit to the competent registration authority a declaration for the entry of the registration to that register.
Article 68. [ Spouse's entry] 1. The registration authority shall, within 6 months from the date of entry into force of this Act, invite any of the spouses who are entered in the records of an economic activity under the common number of records, to submit an application for a change of common entry. In particular, the application shall indicate which of the spouses will be entered in the records under the current number.
2. The registration authority shall, in accordance with the application submitted, make the entry of the second of the spouses under the new registration number, taking into account the actual date of commencation of the business. The data from the original entry shall be deleted from the other spouse.
3. The application referred to in paragraph 1. 1, shall contain information on the civil partnership agreement between spouses for the purpose of doing business, if such an arrangement has been concluded.
4. In the event of failure to apply the application referred to in paragraph. 1, the registration authority by 31 December 2005. draw up a common entry of spouses from the records of economic activities.
5. The application referred to in paragraph 1. 1, shall be exempt from charges.
Article 69. (repealed).
Article 70. (repealed).
Article 71. [ Concessions so far] 1. Concessions granted before the date of entry into force of the Act on the freedom of economic activity shall be valid until the date of expiry of the period for which they were granted, subject to art. 72.
2. In matters of award of concessions initiated and not completed before the date of entry into force of this Act, the provisions of laws governing the given activity in the version given by this Act shall apply.
Article 72. [ Concessions for the construction and operation of motorways] 1. Concessions granted before the date of entry into force of this Act on the basis of the Act of 27 October 1994. on toll motorways and on the National Road Fund, they shall be valid.
2. concession contracts concluded before the date of entry into force of this Act on the basis of the Act of 27 October 1994. on toll motorways and on the National Road Fund, they become contracts for the construction and operation of, or exclusively, the operation of the motorway.
3. The parties of the agreements referred to in paragraph. 2, they may adapt the content of these agreements to take into account the rights and obligations of the concession authority and the concessionaire resulting from the concession.
4. The Concession referred to in paragraph 1, shall expire:
1) on the day of termination of the contract for the construction and operation of the motorway or solely the operation of the motorway or
2) on the date of adaptation of this agreement to the extent referred to in paragraph. 3.
5. Revocation of the concession referred to in paragraph 5. 1, the existing provisions shall apply, with the exception of art. 58 par. 1 point 3 of the Act of 27 October 1994. on toll motorways and on the National Road Fund.
6. To the tender procedure initiated before the date of entry into force of this Law on the basis of the Act of 27 October 1994. The provisions of this Act as set out in this Act shall apply to the toll motorways and to the National Road Fund.
Article 73. [ Permits, licenses and approval of existing] 1. Permits, licences and consent for the pursuit of business activities granted before the date of entry into force of the Act on the freedom of economic activity shall be valid until the date of expiry of the term for which they were granted.
2. Authorisation granted before the date of entry into force of the Act on the freedom of economic activity for the pursuit of an economic activity, for which the provisions of separate laws do not provide for the obligation to obtain a permit or entry in the register regulated activities shall cease to be valid on the date of entry into force of the Act on the freedom of establishment.
3. Entrepreneurs who on the day of the entry into force of the Act on the freedom of economic activity hold an important permit for the pursuit of business activity, specified in the laws referred to in art. 5, 16, 18, 20, 22, 28, 34, 36, 37, 41, 50, 52, 54, 61-63, shall be entered from the office of the register of regulated activities referred to in those laws in accordance with the scope of the permits, unless the provisions of the Act show a broader scope of the activity.
4. Entrepreneurs who, before the entry into force of the Act on the freedom of economic activity, held valid permits for the performance of business activity in the scope of the product or spilling of wine products, issued on the basis of the Act of 25 July 2001 the product and marketing of wine products and the marketing of such products (Dz. U. Nr 128, poz. 1401 and 2004 Nr 29, pos. 257), entered from the office of the register of regulated activities, as defined in the Act of 22 January 2004. the product and organisation of wine products, the marketing of such products and the organisation of the market in wine (Dz. U. No 34, pos. 292).
5. Until the date of service of the trader, the certificate of making an entry in the register of regulated activities shall retain the power of the permit for carrying out the business activity issued on the basis of the laws referred to in the paragraph. 3.
6. The body conducting a register of regulated activities may invite the entrepreneur to complete the data within the scope of the alert, within 90 days from the day of service of the call.
7. After the unsuccessfully expiry of the time limit referred to in paragraph. 6, the authority carrying out the register of regulated activities shall issue a decision to remove the trader from the regulated business register.
(8) The operator of the regulated activity register shall confirm the entry in the register by the issuing of the certificate, not later than 31 December 2004.
Article 74. (repealed).
Article 75. [ Existing authorisation procedures] 1. Conduct in the granting of permits referred to in art. 73 (1) 2 and 3, instituted and not completed before the entry into force of the Act on the freedom of economic activity, shall be decommitted.
2. The provision of the paragraph. 1 shall not apply to proceedings for authorisation under the laws set out in Article 1. 75 of the Act on the freedom of economic activity.
3. In the cases referred to in paragraph. 1, the authority may make an entry of the trader to the register of regulated activities on the basis of an application for authorisation, subject to the submission by that trader within 14 days from the date of service of the decision to discontinue the proceedings a statement of compliance with the conditions required for the performance of the regulated activities.
Article 76. [ Entry into the register of Polish sports unions] The President of the Polish Confederation of Sport will write from the office to the register referred to in art. 29 par. 2 of the Act on physical culture, Polish sports unions, which until the date of entry into force of this law have obtained consent to organize professional sports competition.
Article 77. [ Conducting training centres for drivers] 1. Entrepreneurs who, on the date of entry into force of this Act, exercise on the basis of the previously issued permits business activity in the scope of driving: training centres of drivers and psychological workers, are obliged within the period of 3 years from the date of entry into force of the Act adapt its business to the requirements set out in the Act referred to in art. 22, as amended by this Act, subject to paragraph 1. 3.
2. Entrepreneurs who, on the date of entry into force of the provisions of this Act, have performed an economic activity in conducting the training of candidates for the diagnosis or conducting qualification courses for the candidates for instructors, shall be obliged in a period of 2 years from the date of entry into force of the Act adjust its activity to the requirements set out in the Act referred to in art. 22, as amended by this Law.
3. Certificate issued on the basis of art. 83 (1) 2 point 3 of the Act referred to in art. 22, as it has so far, shall be deemed to be equivalent to a certificate issued on the basis of Article 4 (2) of the Treaty. 83 (1) 3 point 5 of the Act referred to in art. 22, as amended by this Act, but no longer than for the period for which it was issued.
4. Psychologists who, on the date of entry into force of this Law, hold an important entry in the records of psychologists entitled to perform psychological examinations in the field of transport psychology, shall be considered to meet the requirements in the scope of which Article 124a (1) 9 point 2 of the Act referred to in art. 22, as amended by this Law.
5. Privileges for the diagnosis to perform technical tests of vehicles, issued on the basis of art. 84 (1) 2 of the Act referred to in art. 22, in the version so far, they shall remain valid.
Article 78. [ Foreign entities] Foreign entities operating on the basis of the Act of 6 July 1982 the rules of conduct on the territory of the Polish People's Republic of Poland in the field of small manufacturing by foreign legal and natural persons, entered in the register of entrepreneurs, benefit from their respective, on the basis of that law, relief and relief until their exhaustion.
Article 79. [ Declarations by postal operators] 1. Within 14 days from the date of entry into force of the Act, the President of the Office of Telecommunications and Post Regulations will call on operators holding a permit issued on the basis of the Act of 12 June 2003. -Postal law (Dz. U. Nr 130, poz. 1188 and 2004 Nr 69, pos. 627 and No 96, pos. 959) up to the date of entry into force of this Act, to make a statement, by the date until 31 December 2004, of the extent of the performed postal activities within the meaning of art. 6 of the Act referred to in art. 58, as amended by this Act, subject to the paragraph. 2.
2. In the event that the operator declares that he is performing a post office subject to the entry in the register, the President of the Office of Telecommunications and Post Office shall draw out of the office an entry in the part referred to in art. 20 para. 2 point 1 of the Act referred to in art. 58, as amended by this Act, and shall enter the entry in the part referred to in Article 58. 20 para. 2 point 2 of the Act referred to in art. 58, as amended by this Law.
3. The notifications made on the basis of the Act referred to in art. 58, up to the date of entry into force of this Act shall be made by the right of entries to the register of regulated activities within the meaning of the Act on the freedom of economic activity, in the part referred to in art. 20 para. 2 point 2 of the Act referred to in art. 58, as amended by this Law.
4. Conduct on the issue of an authorisation, its withdrawal, limitation of the scope or area and the proceedings for entry in the register of postal operators on the basis of the notification, as well as the proceedings for opposition to the notification, initiated and not completed before the date of entry into force of this Act, shall be decommitted.
Article 80. [ Branches and representation of foreign entrepreneurs] 1. The entries of branches and representations of foreign entrepreneurs, existing on the date of entry into force of the Act on the freedom of economic activity, remain in force.
2. The branches and representations of foreign entrepreneurs created on the basis of the existing regulations apply the provisions of the Act on the freedom of economic activity.
3. Representations established on the basis of the provisions referred to in art. 89 of the Act-The Law of Economic Activity, shall act on a basis to date until the expiry of the authorisations granted.
Article 81. [ Economic activities in the area of personal documentation and pay employers] 1. An entrepreneur performing an economic activity in the area of storing personal documentation and paying employers with a temporary storage period before the date of entry into force of the Act are obliged to adjust their legal form and obtain an entry to the register referred to in Article 51a of the law referred to in art. 5, as amended by this Law, by 31 December 2005 and, in the event of failure to obtain an alert within that period, cease the performance of the activity.
2. If the cessation of economic activity in the area of storage of personal documentation and the wage of employers with temporary storage period occurs due to the resignation of the entrepreneur from doing business before the end the period during which the dossier is kept, the application for entry or refusal of entry referred to in paragraph 1 is not applied. 1, the provisions of Article 1 shall apply mutatis mutandis. 51p ust. 1-3 and Art. 51r and 51s of the law referred to in art. 5, as amended by this Act.
3. In the period to obtain the entry or cessation of activity to the entrepreneurs referred to in paragraph. 1 and 2, the provisions of Article 1 shall apply. 51 f (f) 2-in the part concerning the obligation to inform the competent national water for the place where the business is to be put into liquidation or to declare it bankrupt, art. 51 g ust. 6, art. 51o ust. 2, art. 51r and 51s of the law referred to in art. 5, as amended by this Act.
Article 82. [ Addendum to the entry to the KRS by the NIP number] 1. Within the period from 1 January 2005 by 31 May 2006 entities entered in the Register of Entrepreneurs in the National Court Register shall complete the entry with the tax identification number (NIP). Upon expiry of that period, the provision of Article 1 24 of the Act of 20 August 1997. o The National Court Register shall be applied accordingly.
2. The submission of an application on the entry of the tax identification number (NIP), which is in addition to the entry in the Registry, shall not be subject to the court fee. The entry made as a result of the recognition of such a request shall not be subject to notice in the Monitor Judicial and Economic Monitor.
Article 83. [ Addendum to entry from office] Not later than 1 January 2007 in relation to the entities entered in the register of official entities of the national economy REGON the competent authorities of the public statistics shall be supplemented by the office of the entry for the tax identification number (NIP) on the basis of the data received in the mode specified in the law referred to in Article 15.
Article 84. [ Controls so far] The control of an entrepreneur initiated before the entry into force of the Act on freedom of economic activity is carried out according to the provisions of the existing one.
Article 85. [ Implementing regulations so far] The implementing rules adopted on the basis of the provisions of the authorisations to be amended by this Act shall remain in force pending the entry into force of the provisions adopted on the basis of the provisions authorising the following provisions of this Act, but no longer than for a period of 6 months from the entry into force of the Act.
Article 86. [ The concept of provisions of the Act on the freedom of economic activity] Whenever the provisions in force are in force, the provisions of the Act of 19 November 1999 are applicable. -The right of economic activity should be understood by the relevant provisions of the Act on the freedom of economic activity.
Article 87. [ The concept of a bank account] Whenever you use the following:
1. in the Act of 11 March 2004. o Tax on goods and services (Dz. U. Nr 54, poz. 535),
2. in the Act of 13 October 1995. the rules for the records and identification of taxpayers and payers,
3. in the Act of 29 August 1997. -Tax Ordinance,
4. in the Act of 13 October 1998. o social security system
-the term "bank account", in respect of the trader referred to in art. 22 par. 2 of the Act on Freedom of Economic Activity, it is also to be understood as an account of this entrepreneur in a cooperative savings and credit cask.
Article 88. [ Announcement of the single texts of laws] Publication of the single texts of the laws referred to in Article 9, 11, 14, 15 and 27 shall be due by 31 December 2004.
Article 89. [ Application of provisions of the Act] Article Recipe Article 20 (4) as regards the Article 50 par. 12 of the Act of 5 December 1996. the professions of a doctor and a dental practitioner, as amended by this Act, shall apply from 1 January 2005.
Article 90. [ Entry into force] [ 3] The Act shall enter into force after 14 days from the day of the announcement, with the exception of:
1. 27 point 2, which shall enter into force on 1 January 2005;
2. Article 15 points 2 and art. 23 points 1,3 and 4, which shall enter into force on 1 January 2007;
3) (repealed).
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1) The amendments to the said Act were announced in Dz. U. of 1981. No 24, pos. 124, of 1982 No 16, pos. 125, of 1983. Nr 6, pos. 35 and No. 44, pos. 203, 1984 Nr 54, poz. 275, of 1985. No 14, pos. 60 and No 23, pos. 100, of 1986. Nr 39, pos. 193, of 1988 Nr 20, pos. 135 i No 41, pos. 324, of 1989 Nr 34, pos. 180, 1990 No. 51, item. 297, Nr 72, pos. 422 i Nr 86, poz. 504, of 1991 Nr 75, poz. 332 and No 91, pos. 408, of 1992. No 24, pos. 101, of 1994 #123, pos. 600, of 1995 Nr 6, pos. 29, Nr 60, poz. 310 and No. 95, pos. 475, of 1997 Nr 54, poz. 349, Nr 60, pos. 369, Nr. 85, pos. 539, Nr 98, poz. 602, No 104, pos. 661, Nr 106, poz. 677, Nr 111, poz. 724, Nr 123, pos. 779, No. 133, pos. 884 and No. 141, pos. 942, 1998 Nr 113, pos. 717, 1999 Nr 83, pos. 931 and No. 101, pos. 1178, of 2000 Nr 22, pos. 271, Nr. 73, pos. 852, No. 74, pos. 855 i Nr 117, poz. 1228, 2001 No. 100, pos. 1081, Nr 106, poz. 1149, Nr 125, pos. 1371, Nr 128, poz. 1409 and Nr 129, pos. 1438, of 2002 No 19, pos. 185, Nr 25, pos. 253 and No. 135, pos. 1145 and 2004 No 11, pos. 95, Nr 62, pos. 576, No. 69, pos. 626, Nr 93, poz. 891 and No. 171, pos. 1800.
2 ) Amendments to the text of the single law have been announced in the Dz. U. of 2001. No. 128, pos. 1405 and No. 154, pos. 1800, 2002 Nr 166, pos. 1360 and 2003 No. 170, pos. 1652 i Nr 213, poz. 2081.
3) Amendments to the text of the single law have been announced in the Dz. U. 1989 r. No. 74, item. 442, of 1991 Nr 60, poz. 253 and No. 111, pos. 480, of 1994 Nr 121, pos. 591, of 1997 Nr 121, pos. 769 and 770, 1998 No. 106, pos. 668 and 2002 No. 153, pos. 1271.
4) The amendments to the said Act were announced in Dz. U. 2003 r. Nr 217, pos. 2125 and 2004 Nr 91, pos. 870 and 871, Nr 96, poz. 959, Nr 121, poz. 1264 i Nr 146, poz. 1546.
5) The amendments to the said Act were announced in Dz. U. 1997 r. Nr 160, pos. 1083, of 1998 No. 106, pos. 668, 1999 No 11, pos. 95 and No. 92, pos. 1062, of 2000 Nr 94, pos. 1037, Nr 116, poz. 1216, Nr 120, poz. 1268 i Nr 122, poz. 1315, 2001 No 16, pos. 166, Nr 39, pos. 459, Nr 42, poz. 475, Nr 110, poz. 1189, Nr 125, pos. 1368 i Nr 130, poz. 1452, of 2002 Nr 89, pos. 804, No 113, pos. 984, No. 153, pos. 1271 and No. 169, pos. 1387, 2003 Nr 130, pos. 1188, Nr 137, pos. 1302, Nr 170, poz. 1660 and Nr 228, pos. 2255 and 2256 and 2004 Nr 29, pos. 257, No 64, pos. 593, Nr 68, poz. 623, Nr 91, poz. 868, Nr 93, poz. 894, Nr 116, poz. 1205, No 122, pos. 1288, Nr 123, pos. 1291, Nr 146, poz. 1546 and No. 162, pos. 1692.
6) Amendments to the text of the single law have been announced in the Dz. U. of 2002. Nr 113, pos. 984, Nr 127, pos. 1090, Nr 141, poz. 1178, No. 153, pos. 1271, Nr 169, poz. 1387, Nr 199, pos. 1672, Nr 200, poz. 1679 i Nr 216, poz. 1824, 2003 Nr 80, pos. 718, Nr 135, poz. 1268, Nr 137, poz. 1302, Nr 193, poz. 1884, Nr 217, poz. 2124 and Nr 228, pos. 2255 and 2004 Nr 68, poz. 623, Nr 91, poz. 870 and 871, Nr 96, poz. 959 i No 116, pos. 1203.
7) Amendments to the text of the single law have been announced in the Dz. U. 2000 r. Nr 86, pos. 958, of 2001 Nr 125, pos. 1371, of 2002 Nr 25, pos. 253, No. 41, pos. 365, Nr 62, poz. 554, Nr. 74, pos. 676, No. 89, pos. 804, No 113, pos. 984, Nr 214, pos. 1816 and No. 216, pos. 1826 and 2003 Nr 80, pos. 717 i 721, Nr 200, poz. 1953 and No. 217, pos. 2124.
8) Amendments to the text of the single law have been announced in the Dz. U. 2003 r. Nr 49, poz. 408, Nr 124, pos. 1152 i No 217, pos. 2142 and 2004 No. 62, item. 577 and No. 147, pos. 1547.
9) Amendments to the text of the single law have been announced in the Dz. U. of 1996. No. 106, pos. 496, of 1997 Nr 28, pos. 153 and No. 141, pos. 943, 1998 Nr 117, pos. 759 and No. 162, pos. 1126, of 2000 No 12, pos. 136, No 19, pos. 239, Nr 48, poz. 550, Nr 104, poz. 1104, Nr 120, poz. 1268 i Nr 122, poz. 1320, 2001 No. 111, item. 1194 and No 144, pos. 1615, 2002 Nr 41, pos. 362, Nr 113, pos. 984, No. 141, pos. 1185 and No. 200, pos. 1683, 2003 Nr 6, pos. 65, Nr 128, poz. 1176, Nr 137, poz. 1304 and No. 203, pos. 1966 and 2004 Nr 69, pos. 624, Nr 96, poz. 959, Nr 99, pos. 1001, Nr 109, pos. 1161, No. 145, pos. 1532 and No. 162, pos. 1690.
10) The amendments to the said Act were announced in Dz. U. 1997 r. Nr 160, pos. 1083, of 1998 No. 106, pos. 668, 1999 No 11, pos. 95 and No. 92, pos. 1062, of 2000 Nr 94, pos. 1037, Nr 116, poz. 1216, Nr 120, poz. 1268 i Nr 122, poz. 1315, 2001 No 16, pos. 166, Nr 39, pos. 459, Nr 42, poz. 475, Nr 110, poz. 1189, Nr 125, pos. 1368 i Nr 130, poz. 1452, of 2002 Nr 89, pos. 804, No 113, pos. 984, No. 153, pos. 1271 and No. 169, pos. 1387, 2003 Nr 130, pos. 1188, Nr 137, pos. 1302, Nr 170, poz. 1660 and Nr 228, pos. 2255 and 2256 and 2004 Nr 29, pos. 257, No 64, pos. 593, Nr 68, poz. 623, Nr 91, poz. 868, Nr 93, poz. 894, Nr 116, poz. 1205, No 122, pos. 1288, Nr 123, pos. 1291, Nr 146, poz. 1546 and No. 162, pos. 1692.
11) Amendments to the text of the single law have been announced in the Dz. U. of 2002. Nr 25, pos. 253 and No. 56, pos. 517, 2003 Nr 96, pos. 874 and 2004 Nr 91, pos. 874 i Nr 171, pos. 1800.
12) The amendments to the said Act were announced in Dz. U. of 1996. No. 106, pos. 496, of 1997 Nr. 88, pos. 554, Nr 111, poz. 726 and Nr 133, pos. 885, 1998 No. 106, pos. 668, of 2000 No. 109, pos. 1157 i Nr 120, poz. 1268, 2001 No. 110, item. 1190, No. 115, pos. 1229 and No. 154, pos. 1800, 2002 Nr 113, pos. 984, Nr 117, pos. 1007, No. 153, pos. 1271, Nr 166, poz. 1360 and Nr. 240, pos. 2055, 2003 No. 223, item. 2219 and 2004 Nr 96, pos. 959.
13) Amendments to the text of the single law have been announced in the Dz. U. of 2002. No. 240, pos. 2052, 2003 No 124, pos. 1152 and 2004 No. 62, item. 577 and No. 96, pos. 959.
14) Amendments to the text of the single law have been announced in the Dz. U. of 2002. Nr 25, pos. 253, 2003 Nr 80, pos. 721, No 139, pos. 1325, Nr 162, pos. 1568 i Nr 217, poz. 2124 and 2004 No. 146, pos. 1546.
15) The amendments to the said Act were announced in Dz. U. 1997 r. Nr. 88, pos. 554, 1998 Nr 162, pos. 1118, 1999 Nr 83, pos. 931, of 2000 Nr 116, pos. 1216 and No. 119, pos. 1249, 2001 No. 110, item. 1189, 2002 No. 74, item. 676 and Nr 126, pos. 1067, 2003 Nr 130, pos. 1188, Nr 137, pos. 1302 i Nr 217, poz. 2125 and 2004 Nr 93, pos. 894 and No. 151, pos. 1593.
16) Amendments to the text of the single law have been announced in the Dz. U. of 2001. No. 102, pos. 1115, 2002 No 4, pos. 31, Nr 25, poz. 253, No. 74, pos. 676, Nr 93, poz. 820, No. 130, pos. 1112 and No. 207, pos. 1752, 2003 Nr 203, pos. 1966 and 2004 Nr 96, pos. 959.
17) Amendments to the text of the single law have been announced in the Dz. U. of 2001. Nr 89, pos. 969, 2003 No. 109, pos. 1029 and 2004 No 19, pos. 177 and No. 92, pos. 885.
18) The amendments to the said Act were announced in Dz. U. 2 1997 r. Nr 60, poz. 369 and No. 121, pos. 770, of 2000 Nr 22, pos. 272, 2001. No. 100, pos. 1085 and No. 154, pos. 1800, 2002 Nr 113, pos. 984, 2003 No. 7, pos. 78 and 2004 Nr 96, pos. 959.
19) Amendments to the text of the single law have been announced in the Dz. U. of 2002. Nr 76, pos. 691, Nr 152, poz. 1266 and No. 153, pos. 1271, 2003 No. 90, item. 845 and 2004 Nr 92, pos. 882 and 885.
20) The amendments to the said Act were announced in Dz. U. of 2001. Nr 154, poz. 1801, 2002 No. 241, item. 2073 and 2003 Nr 45, poz. 391 and Nr 124, pos. 1152.
21) Amendments to the text of the single law have been announced in the Dz. U. 2003 r. Nr 203, pos. 1966 and 2004 Nr 29, pos. 257, No 34, pos. 293, No 91, pos. 875 i Nr 96, poz. 959.
22) Amendments to the text of the single law have been announced in the Dz. U. 2003 r. No 124, pos. 1152, Nr 130, poz. 1190, Nr 137, pos. 1302, Nr 149, poz. 1451 and 1452, Nr 162, pos. 1568, Nr 200, poz. 1953 and No. 210, pos. 2036 and 2004 Nr 29, pos. 257, No 54, pos. 535, Nr 92, pos. 884 and No. 121, pos. 1264.
23) Amendments to the text of the single law have been announced in the Dz. U. of 2001. No. 110, item. 1189, 2002 No. 1, pos. 2 and No 113, pos. 984, 2003 Nr 49, poz. 408, Nr 60, poz. 535, Nr 96, pos. 874, Nr 217, poz. 2125, Nr 228, pos. 2256 i Nr 229, pos. 2276 and 2004 Nr 96, pos. 959.
24) The amendments to the said Act were announced in Dz. U. of 1999 No 11, pos. 95, of 2000 Nr 29, pos. 357, 2001. Nr 27, pos. 298 i No 123, pos. 1353, of 2002 Nr 71, pos. 656 and No. 74, pos. 676 and 2004 Nr 96, pos. 959.
25) The amendments to the said Act were announced in Dz. U. of 1999 No. 110, item. 1255, of 2000 Nr 48, poz. 554, 2001 Nr 98, pos. 1069 and 1070 and No. 130, pos. 1452 and 2003 Nr 41, pos. 361 and No. 124, pos. 1152.
26) Amendments to the text of the single law have been announced in the Dz. U. of 2002. Nr 126, pos. 1070, No. 141, pos. 1178, Nr 144, poz. 1208, No. 153, pos. 1271, Nr 169, poz. 1385 and 1387 and No 241, pos. 2074, 2003 Nr 50, poz. 424, Nr 60, poz. 535, Nr. 65, pos. 594, Nr 228, poz. 2260 and No. 229, pos. 2276 and 2004 No. 64, pos. 594, Nr 68, poz. 623, Nr 91, poz. 870, Nr 96, poz. 959, Nr 121, poz. 1264 i Nr 146, poz. 1546.
27) The amendments to the said Act were announced in Dz. U. 1997 r. Nr 160, pos. 1083, of 1998 No. 106, pos. 668, 1999 No 11, pos. 95 and No. 92, pos. 1062, of 2000 Nr 94, pos. 1037, Nr 116, poz. 1216, Nr 120, poz. 1268 i Nr 122, poz. 1315, 2001 No 16, pos. 166, Nr 39, pos. 459, Nr 42, poz. 475, Nr 110, poz. 1189, Nr 125, pos. 1368 i Nr 130, poz. 1452, of 2002 Nr 89, pos. 804, No 113, pos. 984, No. 153, pos. 1271 and No. 169, pos. 1387, 2003 Nr 130, pos. 1188, Nr 137, pos. 1302, Nr 170, poz. 1660 and Nr 228, pos. 2255 and 2256 and 2004 Nr 29, pos. 257, No 64, pos. 593, Nr 68, poz. 623, Nr 91, poz. 868, Nr 93, poz. 894, Nr 116, poz. 1205, No 122, pos. 1288, Nr 123, pos. 1291, Nr 146, poz. 1546 and No. 162, pos. 1692.
28) Amendments to the text of the single law have been announced in the Dz. U. 2003 r. No 124, pos. 1152 i No 203, pos. 1966 and 2004 No. 62, item. 576 and No. 96, pos. 959.
29) The amendments to the said Act were announced in Dz. U. of 1999 Nr 55, poz. 587 and No. 101, pos. 1178, of 2000 Nr 119, item. 1250, 2001 Nr 29, pos. 320 and No 42, pos. 472 and 2002. Nr 89, pos. 804 and No. 188, pos. 1572.
30) The amendments to the said Act were announced in Dz. U. 1998 r. Nr 162, pos. 1118 and 1126, 1999 Nr 26, pos. 228, Nr 60, pos. 636, Nr 72, poz. 802, No. 78, pos. 875 and No. 110, pos. 1256, of 2000 Nr 9, pos. 118, Nr 95, pos. 1041, Nr 104, poz. 1104 and No. 119, pos. 1249, 2001 No. 8, pos. 64, Nr 27, pos. 298, Nr 39, poz. 459, Nr 72, pos. 748, Nr 100, poz. 1080, Nr 110, pos. 1189, Nr 111, pos. 1194, No. 130, pos. 1452 and No. 154, pos. 1792, 2002 Nr 25, pos. 253, No. 41, pos. 365, No. 74, pos. 676, Nr 155, poz. 1287, Nr 169, poz. 1387, Nr 199, pos. 1673, Nr 200, poz. 1679 i Nr 241, poz. 2074, 2003 Nr 56, pos. 498, Nr 65, poz. 595, No 135, pos. 1268, Nr 149, poz. 1450, Nr 166, pos. 1609, Nr 170, poz. 1651, Nr 190, pos. 1864, Nr 210, poz. 2037, No. 223, pos. 2217 and No. 228, pos. 2255 and 2004 No 19, pos. 177, No. 64, pos. 593, Nr. 99, pos. 1001, Nr 121, poz. 1264 i Nr 146, poz. 1546.
31) The amendments to the said Act were announced in Dz. U. 2000 r. Nr 60, poz. 703 and No. 62, pos. 717, 2001 No 11, pos. 82 and No. 106, pos. 1149, 2002 Nr 41, pos. 365, No. 74, pos. 676, No. 89, pos. 804, No. 141, pos. 1178 i Nr 213, poz. 1803, 2003 Nr 84, pos. 774, Nr 137, poz. 1302 and Nr 162, pos. 1569 and 2004 Nr 29, pos. 257, No 68, pos. 623, No 93, pos. 894 i Nr 97, poz. 963.
32) The amendments to the said Act were announced in Dz. U. 2000 r. Nr 86, pos. 958 i Nr 114, poz. 1193, 2001 Nr 49, poz. 509, Nr 67, poz. 679, No 102, pos. 1115 and No. 147, pos. 1643, 2002 No. 1, pos. 2, Nr 115, poz. 995 i Nr 130, poz. 1112, 2003 Nr 86, pos. 789, Nr 128, poz. 1176 and No 217, pos. 2125 and 2004 Nr 54, poz. 535 i Nr 91, poz. 870.
33) The amendments to the said Act were announced in Dz. U. of 2001. Nr 5, pos. 43, Nr 60, poz. 610, No. 76, pos. 811, Nr 87, poz. 954, Nr 100, poz. 1085 and No. 129, pos. 1441, of 2002 Nr 71, pos. 655, Nr 135, poz. 1143, No. 141, pos. 1178 and 1180 and No 216, pos. 1824, 2003 No. 7, pos. 78, Nr 96, poz. 874, Nr 124, pos. 1154, No. 128, pos. 1176, Nr 170, poz. 1651 and Nr 190, pos. 1864 and 2004 Nr 49, poz. 466, Nr 54, poz. 535, Nr 62, pos. 574, No. 70, pos. 632, Nr 91, poz. 870, Nr 92, pos. 880 i Nr 96, poz. 959.
34) The amendments to the said Act were announced in Dz. U. of 2002. No. 74, item. 676 and No. 117, pos. 1007, 2003 No. 210, item. 2036 and 2004 Nr 96, pos. 959 i No 116, pos. 1203.
35) Amendments to the text of the single law have been announced in the Dz. U. of 2002. No. 240, pos. 2055, 2003 Nr 50, poz. 424, Nr. 84, pos. 774, Nr 124, pos. 1151, Nr 170, pos. 1651 and No. 223, pos. 2216 and 2004 No. 64, pos. 594, Nr 91, poz. 871, Nr 96, poz. 959 i Nr 146, poz. 1546.
36) Amendments to the text of the single law have been announced in the Dz. U. of 2004 Nr 69, pos. 625, Nr 91, poz. 877, Nr 92, pos. 882 and No. 93, pos. 896.
37) The amendments to the said Act were announced in Dz. U. 2003 r. No. 210, item. 2036 and 2004 Nr 54, poz. 535, Nr 96, pos. 959, Nr 99, pos. 1002 and Nr 172, pos. 1805.
38) The amendments to the said Act were announced in Dz. U. 2003 r. Nr 217, pos. 2125 and 2004 Nr 91, pos. 870 and 871, Nr 96, poz. 959, Nr 121, poz. 1264 i Nr 146, poz. 1546.
39) The amendments to the said Act were announced in Dz. U. 2003 r. No. 170, pos. 1652 and No. 203, pos. 1966 and 2004 Nr 92, pos. 883, Nr 96, pos. 959 and Nr 97, pos. 962.
40) Amendments to the text of the single law have been announced in the Dz. U. 2003 r. Nr 203, pos. 1966 and 2004 Nr 29, pos. 257, No 34, pos. 293, No 91, pos. 875 i Nr 96, poz. 959.
41) The amendments to the said Act were announced in Dz. U. 2000 r. Nr 86, pos. 958 i Nr 114, poz. 1193, 2001 Nr 49, poz. 509, Nr 67, poz. 679, No 102, pos. 1115 and No. 147, pos. 1643, 2002 No. 1, pos. 2, Nr 115, poz. 995 i Nr 130, poz. 1112, 2003 Nr 86, pos. 789, Nr 128, poz. 1176 and No 217, pos. 2125 and 2004 Nr 54, poz. 935 i Nr 91, poz. 870.
Annex 1.
Annex to the Act
of 2 July 2004 (pos. 1808)
| Part |
Subject of the Treasury |
Rate |
Exemptions |
| 1 |
2 |
3 |
4 |
| ' II |
Official tasks |
|
|
|
|
1. From drawing up the act of marriage, including the contained in the manner specified in art. 1 § 1 and 2 of the Family and Custodial Code |
$75 |
|
|
|
2. From other activities of the civil state office |
$10 |
1) the drawing up of a birth certificate or death certificate, 2) accept a statement on the recognition of the child or to give the child the name of the husband of the mother. |
|
|
3. From the determination of the wording or spelling of the name or surname |
$15 |
|
|
|
4. From the decision to enter the Polish accounts of the marital status of the act of civil status drawn up abroad |
$40 |
|
|
|
5. From the other decisions issued by the Head of the Civil State Office |
$10 |
|
|
|
6. From the protocol containing the last will of the deceased, drawn up by the persons referred to in art. 951 § 1 of the Civil Code |
$15 |
|
|
|
7. From the decision to change the name and first name (imion) or surname (imion) |
$10 |
|
|
|
8. From the decision on the construction and development of the land |
$100 |
|
|
|
9. From the transfer of the decision on the conditions for the construction and development of the land to another person |
$50 |
|
|
|
10. From the approval of the construction project |
$38 |
|
|
|
11. From the transfer of the decision on the permit to the construction to another person |
$76 |
|
|
|
12. From the decision to transfer the rights and obligations arising from the issued, on the basis of the provisions on the protection of the environment and the regulations on waste, the permits for the placing of substances and energy into the environment: 1) in connection with the performed business |
1 000 zł |
|
| 2) from the others |
$250 |
||
|
|
13. From the required environmental regulations: 1) security report approval |
1 000 zł |
|
| 2) approval of changes to the safety report |
$200 |
||
|
|
14. From the confirmation of the registration declaration of duty in excise duty |
$152 |
|
|
|
15. From the confirmation of registration of the taxable person's tax on goods and services as a taxable person of the active VAT or VAT taxable person |
$152 |
|
|
|
16. From making an entry of a non-public health care facility into a register of establishments operated by the voyev |
$190 |
|
| 1 |
2 |
3 |
4 |
|
|
17. From entering the entry in the register of animals |
$20 |
|
|
|
18. From the pledge of issuing the permit (licences, concessions) |
$83 |
|
|
|
19. From the decision on recognition of qualifications: 1) to pursue a regulated profession within the meaning of the provisions on the rules for the recognition of qualifications for the exercise of regulated professions acquired in the Member States of the European Union or the Member States of the European Free Agreement Trade (EFTA)-pages of the Agreement on the European Economic Area |
$500 |
|
| 2) to undertake or perform regulated activities within the meaning of the provisions on the rules for the recognition of qualifications to take or perform certain activities, acquired in the Member States of the European Union or Member States European Free Trade Agreement (EFTA)-pages of the Agreement on the European Economic Area |
$500 |
||
|
|
20. From the decision on recognition as a Polish citizen |
$200 |
|
|
|
21. From the decision on the acquisition of Polish citizenship |
$200 |
|
|
|
22. From the determination of possession or loss of Polish citizenship |
$50 |
|
|
|
23. From entering the invitation of the foreigner's invitation to stay in the Republic of Poland for the registration of invitations |
$20 |
|
|
|
24. From the registration of the foreign entrepreneur's representation to the register of representation of foreign entrepreneurs |
$6,000 |
|
|
|
25. From the entry of the fishing vessel to the register of fishing vessels |
$160 |
|
|
|
26. From the amendment of the entry in the register of fishing vessels |
$55 |
|
|
|
27. From entering the entry in the register of persons entitled to carry out the act of acquisition for the benefit of open pension funds |
$100 |
|
|
|
28. From the amendment of the entry to the register referred to in paragraph. 27, consisting in the commencting of activities for the benefit of another fund, or at the start of the exercise of the acquisition activities on behalf of another entity |
$50 |
|
|
|
29. From entering an entry in the register of insurance agents |
$100 |
|
|
|
30. From the change of entry to the register of insurance agents |
$50 |
To change an entry in an insurance agent registry that includes: a) forenames and surname, PESEL number or, when this number has not been given, passport number, identity card or other document confirming the identity, address of residence, number in the register of entrepreneurs, |
| 1 |
2 |
3 |
4 |
|
|
|
|
the name under which the economic activity, head office and address is carried out, in the case of an insurance agent which is a natural person, (b) the name of the entity or company, its registered office and address, the number in the business register, in the case of an insurance agent which is a legal person (c) the name of the entity or company, the head office, the address of the entity, the number in the register of entrepreneurs-in the case of insurance agents performing the agency activity as a complementary activity to the basic, d) forenames and surname, PESEL number or, where this number has not been given, passport number, identity card or other document confirming the identity, address of residence-in the case of natural persons, by means of which the agent performs the tasks Agence. |
|
|
31. From entering an entry in the register of regulated activities: 1) the entity performing the activity on the basis of road traffic regulations |
$400 |
|
| 2) the entity performing the activity in the scope of: (a) a product of ethyl alcohol |
$11,400 |
||
| (b) purification of ethyl alcohol |
$11,400 |
||
| (c) denaturing of ethyl alcohol |
$11,400 |
||
| (d) dehydration of ethyl alcohol |
$11,400 |
||
| where the content of the alert is more than one type of activity, the tax charge shall be levied on each of them. 3) an entity performing the manufacture of tobacco products |
$11,400 |
||
| 4) the entity performing the activity in the scope of: (a) the manufacture of spirit drinks |
$11,400 |
||
| (b) spilt of spirit drinks |
$11,400 |
||
| where the content of the alert is more than one type of activity, the tax charge shall be levied on each of them. (5) the operator of the cantonous activity |
1,063 zł |
||
| 6) an entity performing an economic activity on the basis of tourist services regulations in the area of organizing tourist events and mediating on behalf of clients in concluding tourist services agreements |
$500 |
||
| 7) the entity performing the activity on the basis of the provisions on seed marketing in the scope of marketing of seed |
$278 |
||
| 8) an entity performing the activities in the field of packaging and/or marketing of plant protection products |
1 110 zł |
||
| 9) of the entity performing the activity under the Act-Postal law |
$400 |
| 1 |
2 |
3 |
4 |
|
|
(10) an entity engaged in an economic activity not mentioned in this paragraph |
$600 |
|
|
|
32. From the amendment of the entry in the register of regulated activities: (1) if it concerns the extension of the scope of the activities referred to in paragraph 1. 31 point 1 and points 5 to 10-50% of the rates specified in the alert, (2) if it involves an increase in the number of places of business referred to in paragraph 2. 31 points 2-4-50% of the rates specified on the alert ' |
|
|
| Part |
Subject of the Treasury |
Rate |
Exemptions |
| 1 |
2 |
3 |
4 |
| ' IV |
Permits |
|
|
|
|
1. From the permit to marriage, referred to in art. 4 of the family and caring code |
$10 |
|
|
|
2. From residence permit for a marked time |
$100 |
1) permission to reside in a foreigner who has been granted refugee status, 2) first permit to reside in a foreigner who is a member of the immediate family repatriate within the meaning of the repatriation regulations. |
|
|
3. From the permit to settling |
$600 |
|
|
|
4. From the pass in small border traffic: 1) |
$7 |
|
| 2) constant |
$19 |
||
|
|
5. From a visa: 1) issued by the border chief of the border inspection post of the Border Guard |
$100 |
|
| 2) a residence issued by the wojewater in the case referred to in art. 33 (1) 1 of the Act of 13 June 2003. o foreigners (Dz. U. Nr 128, poz. 1175, ze zm.): (a) in point 1 |
$50 |
||
| (b) in point 2 |
$200 |
||
| (c) in point 3 |
$200 |
||
| (d) in point 4 |
$50 |
||
| 3) residence issued by wojewater to a minor to a foreigner born in the territory of the Republic of Poland: (a) short term |
$100 |
||
| b) long term |
$200 |
||
|
|
6. From the extension of the residence visa: 1) short-term |
$200 |
|
| 2) long term |
$400 |
||
|
|
7. From the permits issued on the basis of the regulations on the acquisition of real estate by foreigners: 1) for the acquisition by a foreigner of real estate or perpetual usualment |
1 400 zł |
|
| 2) for the acquisition or acquisition by a foreigner of shares or shares in a commercial company with its registered office in the territory of the Republic of Poland, and for any other legal action concerning shares or shares, if in their result the company |
1 400 zł |
| 1 |
2 |
3 |
4 |
|
|
trade, being the owner or perpetrators of a property in the territory of the Republic of Poland, will become a company controlled by a foreigner or foreigners, and on the acquisition or acquisition by a foreigner of shares or shares in the company commercial domiciled in the territory of the Republic of Poland, which is the owner or perpetrable user of real estate in the territory of the Republic of Poland, if the company is a controlled company, and the shares or shares acquire or covers a foreigner who is not a shareholder or a shareholder of a company |
|
|
|
|
8. From licences issued on the basis of construction law: 1) for the construction of a new construction site and construction equipment related to the construction site: (a) a building intended for economic activities other than agricultural and forestry:-for each m 2 usable area |
$1 |
Building permits: 1) issued as a result of the application of the contributions in respect of the construction or reconstruction of construction works destroyed or damaged due to the activity caused by the movement of the mining plant or natural disasters, 2. school buildings and buildings dedicated to scientific, social and cultural purposes. |
| -no more than |
$500 |
|
|
| (b) a building serving economic purposes on an agricultural holding |
$8 |
||
| (c) other building |
$40 |
||
| (d) wells and equipment for the disposal of solid and sewage systems |
$14 |
||
| (e) builders linked to agricultural production |
$100 |
||
| (f) water, sewage, electricity, telecommunications, gas, thermal and road networks, with the exception of access roads, to buildings and exits from the road |
2 000 zł |
||
| (g) water supply, sewerage, electricity, telecommunications, gas and thermal water networks up to 1 kilometre (1 kilometre) |
$14 |
||
| (h) other structures |
$140 |
||
| (i) construction equipment related to the construction site |
$80 |
||
| When the building permit for a mixed function is issued, the floor space of the building shall not be included in the calculation of the tax fee. 2) for the expansion, reconstruction, overbuilding, reconstruction of the construction site and for the resumption of construction works-50% of the rates specified in point 1 |
|
||
|
|
9. From permits to use of the building object: 1) from the permit to change the way of use of the construction object-75% of the rates specified in the paragraph. 8 point 1, 2) built without a building permit-150% of the rates specified in the paragraph. 8 point 1, (3) in other cases, 25% of the rates referred to in paragraph 1. 8 point 1 |
|
Permits for use: 1) issued as a result of the application of the contributions in respect of the construction or reconstruction of construction works destroyed or damaged by the activity caused by the movement of the mining plant or natural disasters, 2. school buildings and buildings dedicated to scientific, social and cultural purposes. |
| 1 |
2 |
3 |
4 |
|
|
10. From the permit for demolition of the building object |
$28 |
|
|
|
11. From the permit to arms (weapons certificates) granted: 1) a natural person |
$212 |
(1) a permit for weapons issued for personal protection in connection with official or public service activities, as well as a commemorative weapon devoid of any permanent features of use and weapons obtained by the soldiers in the form of a the distinction provided for in the rules on military discipline, 2) permission for weapons issued to schools |
| 2) a legal person or an organizational unit without legal personality |
1,063 zł |
||
|
|
12. From permits and authorisations granted on the basis of traffic regulations: 1) in connection with the performed business |
$400 |
|
| 2) from the others |
$40 |
||
|
|
13. From the decision on: 1) issue of the vehicle type-approval certificate |
1 370 zł |
|
| 2) modifications or extensions of the type-approval certificate of the vehicle |
$380 |
||
| 3) exemption from the obligation to obtain an approval certificate of a vehicle type |
1 370 zł |
||
|
|
14. From the permits to the creation of a cooperative bank-from the bank's equity fund |
0,1% |
|
|
|
15. From the permits to create a bank in the form of a joint-stock company-from the bank's share capital |
0,1% |
|
|
|
16. From the permits to the creation abroad of the bank with Polish capital or the participation of the Polish capital |
$11,400 |
|
|
|
17. From the permits to open in the territory of the Republic of Poland a branch or a representative of a foreign bank, extension of the term of validity or change of conditions of the permit issued:- 1) to open a branch of the bank |
$11,400 |
|
| 2) at the opening of the bank's representation |
1,140 zł |
||
|
|
18. From the permit to the performance of the insurance business and the modification of the permit issued |
$11,400 |
|
|
|
19. From the permit to the creation by the foreign foundation in the territory of the Republic of Poland representative |
$760 |
|
|
|
20. From fishing licences issued: 1. on a fishing vessel with a length of less than or equal to 10 m |
$570 |
|
| 2. per fishing vessel with a length of more than 10 m |
1,140 zł |
||
|
|
21. From sporting fishing permits issued: 1) for a period of one month 2) for a period of one year: (a) pensioners, pensioners and schoolchildren up to 24 years of age |
$11 |
|
| $25 |
|||
| (b) from other |
$42 |
||
| 3) for the period of sporting competitions |
$10 |
| 1 |
2 |
3 |
4 |
|
|
22. From licences or permits to: 1. catches of marine organisms for scientific or research purposes or training |
$10 |
|
| 2. keeping fish and other marine organisms rearing or rearing |
$400 |
||
| 3) conduct of the restocking |
$10 |
||
|
|
23. From water licences |
$190 |
|
|
|
24. From permits issued on the basis of the provisions on the prevention of pollution of the sea by ships: 1) to remove to the sea a charade from the dredging of the sea bed |
$100 |
|
| 2) for flooding in the sea of waste or other substances |
$200 |
||
|
|
25. From permits issued on the basis of the provisions of geological and mining law, allowing products to be used in mining plants: 1) from the clearance of the mining elements of the pulleys: (a) pulleys |
$638 |
|
| (b) pulleys |
$212 |
||
| (c) cableways |
$212 |
||
| (d) suspensions of compensatory, guide and refurb lines |
$212 |
||
| (e) suspension of load-bearing vessels |
$212 |
||
| (f) free-running winches |
$638 |
||
| (g) Signalling and communication equipment |
$638 |
||
| (h) the extracted assemblies of the elements listed in the point. (a) (g) |
$212 |
||
| 2) from the clearance of operational (mining) heads together with the control systems, excluding submarine heads, used in mining plants extracting mine openings |
$425 |
||
| 3. from the approval of products used in the exutation of underground mining plants: (a) cableways, suspended queues, spar queues and their subassemblies |
$425 |
||
| (b) vehicles for the carriage of passengers and special wagons and combustion vehicles for the transport of persons |
$638 |
||
| (c) electrical machines and equipment and connecting apparatus for a voltage exceeding 1 kV a.c. or above 1,5 kV d.c. |
$638 |
||
| (d) communication, security and alarm systems and integrated systems for the control of extractive and ancestry complexes |
$638 |
||
| (e) conveyor belts |
$212 |
||
| 4) from the clearance of the gunshot equipment: (a) machinery for the mechanical manufacture and loading of explosives |
$638 |
||
| (b) wagons and vehicles for carrying or storing gunshot |
$638 |
| 1 |
2 |
3 |
4 |
|
|
26. From the authorisations of plant protection products on the basis of plant protection regulations for the placing on the market and use: 1) for a period of 10 years |
1 000 zł |
|
| 2) for up to 3 years |
$600 |
||
| 3) a single authorisation for placing on the market and use of a plant protection product |
$400 |
||
|
|
27. From authorisations issued on the basis of anti-drug addiction: 1. for the cultivation of poppy seeds or hemp hemp |
$25 |
|
| 2. for the cultivation of cultivation of poppies or fibrous hemp. |
$120 |
||
|
|
28. From export licences for the culture of good culture: (1) for temporary export |
$38 |
|
| 2) for permanent exports-from the value of the good to the expert |
25% |
||
|
|
29. From individual foreign exchange permits |
$106 |
|
|
|
30. From radio licences issued in connection with the performed business |
1,900 zł |
|
|
|
31. From the authorisation to perform brokerage activities in the field of insurance or reinsurance |
1,063 zł |
|
|
|
32. From the concession for doing business in the field of trade with the foreign fuel and energy |
$4,164 |
|
|
|
33. From permits to activities related to exposure to ionizing radiation, issued on the basis of the provisions of atomic law: 1) for the storage of nuclear materials, sources and radioactive waste and spent nuclear fuel, including their transport for their own use |
$200 |
|
| 2. for the use of radioactive sources, nuclear materials, appliances containing radioactive sources or producing ionising radiation in an organisational unit, and the intended administration of radioactive substances to people; and animal for medical or veterinary diagnosis, treatment or scientific research |
$200 |
||
| 3) to run a workshop in which sources of ionizing radiation are to be used, including X-ray workers |
$200 |
||
| 4. for use outside of the organisational unit (in the field) of radioactive sources and nuclear materials and equipment containing radioactive sources or producing ionizing radiation |
$500 |
||
| 5. for the marketing of nuclear materials, radioactive sources, equipment containing radioactive sources or producing ionizing radiation and for the transport of nuclear materials, sources and radioactive waste and spent fuel nuclear fuel (other than transport for own use as referred to in point 1) |
$500 |
||
| 6. for the installation and operation of devices containing radioactive sources and the starting of devices producing ionising radiation |
$500 |
| 1 |
2 |
3 |
4 |
|
|
7) for the manufacture, processing of nuclear materials, sources and radioactive waste, spent fuel, isotopic enrichment and the manufacture of equipment containing radioactive sources, as well as the intended addition radioactive substances in the production process of products of general use and medical devices, on the marketing of these products and for the carriage on the territory of the Republic of Poland and the export from this territory of products of common use, products Medicinal products to which radioactive substances have been added |
1 000 zł |
|
| 8. for the construction, start-up, operation (trial or permanent) and closure or decommissioning of nuclear facilities, radioactive waste storage, storage and storage facilities for spent fuel |
1 000 zł |
||
|
|
34. From rot and permits issued on the basis of regulations on genetically modified organisms: 1) from consent to the release of GMOs into the environment or to the closed use of GMOs |
$3,400 |
|
| 2. from the authorisation of the placing on the market of products of GMOs and for the export or transit of GMO products |
$3,400 |
||
|
|
35. From the permits issued on the basis of the provisions on the protection of nature in the scope of the carriage through the border of the Republic of Poland of plants or animals, their parts and derived products subject to restrictions resulting from the provisions of Union law European |
$100 |
permit to transport through the border of the Republic of Poland plants and animals, issued botanical or zoological gardens |
|
|
36. From permits to the creation of a botanical garden, a zoo or an animal rehabilitation centre |
$70 |
|
|
|
37. From permits issued for the removal of trees or shrubs of natural persons for purposes unrelated to the pursuit of business activities |
$20 |
|
|
|
38. From the permit to the placing of substances and energy into the environment issued on the basis of the environmental regulations and regulations on waste: 1) from permits issued in connection with the performed business |
2 000 zł |
|
| 2. from other licences The stamp duty shall be at the rate of 150% of the rate laid down in points 1 or 2 as appropriate for the introduction of the gas and dust into the air, issued as a result of the compensation procedure. |
$500 |
||
|
|
39. From the permit to perform activities in the area of receiving municipal waste from property owners |
$100 |
|
|
|
40. From the permit to perform operations in the field of emptying of non-tidal tanks and transport of liquid impurities |
$100 |
|
| 1 |
2 |
3 |
4 |
|
|
41. From other than those listed in this Annex of authorisations (licences and concessions): 1) for doing business |
$600 |
1) permits issued on the basis of the farm animal husbandry regulations. |
| 2) from the others |
$76 |
2) permit for the exhumation and transport of human corpses or their remains, 3) permits concerning the merging and conversion of land, land communities, municipal and municipal property, land service, the delimitation of real estate, sale and lease of agricultural properties of the State Treasury, the sorting of farm property agricultural, protection of agricultural and forestry land, meliorisation of agricultural land and related to the implementation of the provisions on agricultural reform and settlement, 4) permits in cases concerning investment of budget units issued for applications submitted by surrogate investors, 5. permits in matters belonging to the jurisdiction of the customs authorities-issued at the request made by a person crossing the state border and handled in the course of customs control, carried out at the person during the crossing of the border, 6) permission for the removal of trees or shrubs issued to entrepreneurs, 7. permits for conservation activities, issued to environmental organisations and scientific bodies active in the field of nature conservation, 8) permit for the occupation of the road lane, (9) the authorisation of a non-material vehicle. |
|
|
|
42. From the extension of the term of validity or amendment of the conditions of the issued permit (licences, concessions) and duplicates of permits (licences, concessions)-50% of the rate specified for the permit (licence, concession), subject to the paragraph. 13 pt. 2, para. 17 and paragraph. 18, including that from the duplicates of authorisations (licences, concessions) no more than |
19 zł " |
|
[ 1] Article 66, point 3, in the version set by the Article. 9 point 1 of the Act of 13 May 2011. amending the Act on the freedom of economic activity and certain other laws (Journal of Laws No. 131, item. 764). The amendment came into force on 1 July 2011.
[ 2] Article 66, point 4 added by Article 9 point 2 of the Act of 13 May 2011. amending the Act on the freedom of economic activity and certain other laws (Journal of Laws No. 131, item. 764). The amendment came into force on 1 July 2011.
[ 3] The Act shall enter into force on 21 August 2004.
