ACT

of 2 July 2004

o freedom of economic activity

• Metric
• Codified text

Chapter 1

General provisions

Article 1. [ Regulatory scope] The Act regulates the taking-up, execution and termination of business activity in the territory of the Republic of Poland and the task of bodies in this regard.

Article 2. [ The concept of economic activity] Economic activity is the economic activity of manufacturing, construction, commercial, service and exploration, exploration and extraction of copalin from deposits, as well as professional activity, carried out in an organized and continuous manner.

Art 2a. [ Relevant application of the provisions] The provisions of Article 4 (2) of the Regulation shall apply to the economic activity of construction, commercial and service activities and of the professional activities of the provision of services. 5, the provisions of Chapter 2 and 3 of the Act of 4 March 2010. o the provision of services in the territory of the Republic of Poland (Dz. U. No 47, pos. 278, z Late. zm.).

Article 3. [ Exemption of application of the law] The provisions of the Act shall not apply to:

1. manufacturing activities in agriculture in the field of agricultural crops and breeding and rearing of animals, horticulture, vegetables, forestry and inland fishing;

2) leasing by farmers the rooms, sale of domestic meals and the provision of other services connected with the stay of tourists on the farms;

(3) a wine-making by producers who are farmers making up less than 100 hectolitres of wine during the marketing year referred to in Article 3. 17 para. 3 of the Act of 12 May 2011. the product and organisation of wine products, the marketing of such products and the organisation of the market in wine (Dz. U. of 2014 items 1104);

4) the activities of the farmers in the scope of the sale referred to in art. 20 para. 1c of the Act of 26 July 1991. o Income tax on individuals (Dz. U. 2012 r. items 361, of late. zm.).

Article 4. [ Trader definition] 1. An entrepreneur within the meaning of the Act is a natural person, a legal person and an organizational unit not being a legal person, whose separate law grants legal capacity-performing an economic activity on his own behalf.

2. The partners of the civil company shall also be considered as entrepreneurs in the scope of their business activities.

Article 5. [ Definitions] The terms used in the Act shall mean:

1) the licensing authority-a public administration authority authorized on the basis of the Act to grant, refuse to grant, change and revoke the concession;

2. foreign person:

(a) a natural person who does not have a Polish nationality,

(b) a legal person established abroad,

(c) an organisational unit which is not a legal person with legal capacity, with its registered office abroad;

3) foreign entrepreneur-a foreign person performing economic activity abroad and a Polish citizen performing economic activity abroad;

4) a branch-an isolated and independent organization part of the business, carried out by the entrepreneur outside the entrepreneur's seat or the principal place of business;

5. regulated activities-an economic activity, the exercise of which requires the fulfilment of specific conditions, defined by the provisions of law;

6. competent authority-competent in matters of taking-up, exercise or termination of economic activity, of public administration, self-government and other public authority;

7) the overriding public interest-the overriding public interest within the meaning of the art. 2. 1 point 7 of the Act of 4 March 2010. of providing services on the territory of the Republic of Poland.

Article 6. [ Freedom of economic activity] 1. The approach, execution and termination of business activity shall be free for everyone on equal rights, subject to the conditions of the law.

2. The competent authority shall not demand or make its decision on the taking, execution and termination of an economic activity by the person concerned from the fulfilment of the additional conditions by the person concerned, in particular from the submission of documents or disclosures of data, unforeseen by law.

3. The competent authority, with the exception of the general court, may not demand or make its decisions subject to the taking, exercise or termination of an economic activity from the submission of documents in the form of an original, a certified copy or a certified translation, unless such an obligation is provided for by the provisions of specific law on account of overriding reasons of public interest or derives from the directly applicable provisions of generally applicable Community law or ratified international agreements.

Article 7. [ Public aid for entrepreneurs] The State grants public aid to economic operators on the basis and in the forms set out in separate provisions, while respecting the principles of equality and competition.

Article 8. [ Promoting the development of entrepreneurship] 1. The bodies of public administration support the development of entrepreneurship, creating favorable conditions for the taking up and pursuit of business activities, in particular they support micro-entrepreneurs and small and medium-sized entrepreneurs.

2. The public administration bodies, which implement assistance programmes within the meaning of the provisions on proceedings in matters concerning public aid, shall transmit by electronic means information on the conditions and forms of assistance given to entrepreneurs to The Polish Agency for Enterprise Development, which collects them and makes it available on the website.

3. The information referred to in paragraph. 2, they shall be forwarded within 30 days of the date of the establishment of the aid programme, no later than 14 days before the deadline set for the submission of applications for assistance.

Article 9. [ Rules of operation of supervisory and control authorities] In carrying out its tasks, in particular in the field of supervision and control, the competent authority shall act solely on the basis of and within the limits of the law, while respecting the legitimate interests of the trader.

Art. 9a. [ Evaluation of requirements necessary to take up and perform business activity on the territory of the Republic of Poland] The competent authority, carrying out an assessment of the fulfilment of the requirements necessary for the taking up and pursuit of an economic activity in the territory of the Republic of Poland, shall recognise the requirements that the entrepreneur established in the territory of one of the States has fulfilled, o which are referred to in art. 13 (1) 1, in order to be able to take up or pursue an economic activity in the territory of that State, in particular it shall recognise certificates, certificates or other documents issued by the competent authority of the State referred to in art. 13 (1) 1, which confirms the fulfilment of the conditions for taking up and doing business.

Article 9b. [ Recognition of insurance and guarantee of professional liability] The competent authority shall recognise the insurance and professional liability guarantees issued in the countries referred to in Article. 13 (1) 1, to the extent that they meet the conditions laid down in the provisions of separate laws.

Article 10. [ Written interpretation of the scope and manner of application of the provisions] 1. An entrepreneur may submit to the competent authority of the public administration or the state organisational unit an application for a written interpretation as to the scope and manner of application of the provisions, which results from the obligation to provide by The entrepreneur of public donations and social or health insurance contributions, in his individual case.

2. An application for interpretation may concern the existence of actual facts or future events.

3. An entrepreneur in an application for interpretation is obliged to present the factual or future event and their own position in the case.

4. The application for interpretation shall also include:

1) an entrepreneur company;

2) the designation of the seat and address or place of residence and address of the entrepreneur;

3) tax identification number (NIP);

4) the number in the register of entrepreneurs in the National Court Register, if the entrepreneur such number holds;

5) address for correspondence in the event that it is different from the address of the establishment or the address of the entrepreneur's residence.

(5) The interpretation shall be made by means of a decision from which an appeal is made. The interpretation shall include an indication of the correct position in the case together with the legal justification and the interpretation of the right to bring the measure to appeal.

6. The application for the issue of interpretation shall be subject to a fee of 40 PLN, which shall be paid within 7 days from the day of submission of the application. In the event of a non-payment of the fee on time, the application shall be left without consideration.

(7) In the event of a single application for the interpretation of separate factual or future events, a fee shall be levied on each individual actual or future event submitted in the application.

8. The fee referred to in paragraph. 6 and 7, respectively, constitute the income of the state budget, the National Health Fund or the local government units.

9. Payment of the application referred to in paragraph. 1, shall be paid to the account of the public administration or of the State organisational unit competent to issue the interpretation or, if there is such a possibility, in cash at the request of that body or body.

Article 10a. [ Force of interpretation] 1. The interpretation shall be issued without undue delay, however, not later than within 30 days from the date of receipt by the public administration or the state body of a complete and paid-up application. In the absence of an interpretation within the time limit, it shall be considered that, on the day following the expiry of the interpretation period, an interpretation has been issued stating that the trader's position is correct in the application for issue interpretation.

2. The interpretation shall not be binding on the trader; however, the trader may not be charged with any public service, administrative or financial penalties or penalties, in so far as he has applied for the interpretation obtained.

3. The interpretation shall be binding on public administration bodies or public organisational units competent for the entrepreneur and may be amended only by the resumption of proceedings. The interpretation resulting from the irreparable legal effects does not change.

4. The rules and the procedure for the interpretation of the provisions of tax law shall be governed by the Act of 29 August 1997. -Tax Ordinance (Dz. U. 2012 r. items 749, of late. zm.).

Article 11. [ Business of Entrepreneurs] 1. The competent authority shall be obliged to take care of business cases without undue delay.

2. The competent authority shall not refuse to accept the letters and the incomplete applications nor request any documents the necessity of which the presentation or submission does not follow directly from the provision of the law.

(3) The competent authority shall, when adopting the request, immediately confirm its adoption.

4. The confirmation contains:

1) an indication of the date of the impact and the deadline for considering

2. instructing the operators of appeals;

3) information on the entitlement arising from the mouth. 9.

5. In the case of determining the need to supplement the application, the deadline for consideration of the application runs from the date of the impact of the

6. Terms and mode of completion of the letters and applications referred to in paragraph. 2, and the time limits for the settlement of cases arising from these letters and applications shall be laid down in separate provisions.

7. The deadline for the examination of the application may be extended in addition only once. The extension of the deadline for examining the application may not exceed two months.

8. The competent authority shall notify the extension of the time limit before the expiry of the time limit for consideration of the application specified in the confirmation of acceptance of the application.

9. If the authority does not consider the application within the time limit, it shall be deemed to have issued the decision in accordance with the entrepreneur's request, unless the provisions of the laws set separate due to the overriding public interest stipulate otherwise.

Article 12. [ Co-operation with organisations and local and business authorities] In carrying out their tasks, public administration bodies shall cooperate with employers 'organisations, workers' organisations, business organisations and professional and economic self-governments.

Article 13. [ Foreign Entrepreneurs] 1. Foreign persons from the Member States of the European Union, from the Member States of the European Free Trade Association (EFTA)-parties to the Agreement on the European Economic Area and foreign persons from States not parties to the agreement o The European Economic Area, which may exercise freedom of establishment on the basis of agreements concluded by those countries with the European Union and its Member States, may undertake and carry out economic activities on the same basis. rules, such as Polish citizens.

1a. (repealed)

2. Citizens of other countries than those mentioned in the paragraph. 1, who:

1) they hold in the Republic of Poland:

(a) a permanent residence permit,

(b) the residence permit for a long-term resident of the European Union,

(c) a temporary residence permit granted in connection with the circumstance referred to in Article 144 or Art. 159 par. 1, with the exception of the circumstances referred to in paragraph 1. 1 point 1 lit. a-d, art. 186 para. 1 points 3 and 4 of the Act of 12 December 2013. o foreigners (Dz. U. Entry 1650 and of 2014 items 463 and 1004),

d) a temporary residence permit granted to the arriving in the territory of the Republic of Poland or staying in that territory in order to connect with the family member of the family, within the meaning of art. 159 par. 3 and 4 of the Act of 12 December 2013. of foreigners, persons referred to in points (a), (b), (e) and (f),

(e) refugee status,

(f) subsidiary protection,

(g) for humanitarian purposes or for tolerated residence permit,

h) a temporary residence permit and remain in a marriage relationship, concluded with a Polish citizen residing in the territory of the Republic of Poland,

(i) a temporary residence permit for the purpose of carrying out an economic activity, granted on account of the continuation of an economic activity already carried out on the basis of an alert to CEIDG,

2) they use in the Republic of Poland from temporary protection,

3) have a valid Pole's Card,

4) are family members, within the meaning of art. 2 point 4 of the Act of 14 July 2006. about entering the territory of the Republic of Poland, the stay and departure from this territory of citizens of the European Union member states and members of their families (Dz. U. of 2014 items 1525), including the citizens of the countries referred to in paragraph 1. 1, or stay with them

-may undertake and carry out economic activities in the territory of the Republic of Poland under the same conditions as Polish citizens.

2a. Citizens of other countries than those mentioned in paragraph. 1, who are staying in the territory of the Republic of Poland on the basis of art. 108 (1) 1 point 2 or art. 206 par. 1 point 2 of the Act of 12 December 2013. o foreigners or on the basis of a stamp in the travel document of the stamp which confirms the submission of an application for the grant of a long-term resident's residence of the European Union, if immediately prior to the submission of the application for a grant temporary residence permits, permanent residence permits or long-term resident permits of the European Union have been entitled to take up and pursue an economic activity on the basis of the mouth. 2 point 1 (c), d and h, may undertake and carry out economic activity in the territory of the Republic of Poland on the same basis as Polish citizens.

3. Foreign persons other than those mentioned in the paragraph. 1-2a have the right to undertake and carry out business activities only in the form of a company: a limited partnership, limited liability company, limited liability and joint-stock company, as well as for joining such companies and embracing or acquiring their shares or shares, unless the international agreements provide otherwise.

4. Member of the family, within the meaning of art. 159 par. 3 of the Act of 12 December 2013. o foreigners, foreign persons to whom the international agreements referred to in paragraph apply. 3, having a temporary residence permit, may undertake and perform an economic activity on the same terms as those of foreign persons.

5. Member of the family, within the meaning of art. 159 par. 3 of the Act of 12 December 2013. o foreigners, holding a temporary residence permit granted in connection with the arrival in the territory of the Republic of Poland or staying in this territory in order to connect with the family, may undertake and perform the business in the same extent as foreigners who hold a temporary residence permit and perform an economic activity on the basis of an entry in the records of an economic activity carried out on a reciprocal basis.

Art. 13a. [ Recast in a capital company] An entrepreneur, being a natural person performing an economic activity in his own name, may be transformed into a capital company under the rules laid down in the provisions of the Act of 15 September 2000. -Code of Commercial Companies (Dz. U. of 2013 r. items 1030, with late. zm.).

Chapter 2

Rules for taking up and pursuit of economic activities

Article 14. [ Pursuit of economic activity] 1. An entrepreneur may undertake an economic activity on the day of submission of an application for entry to the Central Register and Information on Business Activity or after obtaining an entry in the Register of Entrepreneurs of the National Court Register.

2. The entry in the records shall be subject to an entrepreneur who is a natural person.

3. The entrepreneur shall have the right in the application for entry to the Central Register and the Information on Economic Activity specify a later day of business activity than the day of submission of the application.

4. A capital company in the organization may take up business activity before obtaining an entry in the register of entrepreneurs.

5. The provision of the paragraph. 1 shall not apply where the laws make the taking up and pursuit of an economic activity subject to the obligation to obtain a concession or an authorisation by the trader, as referred to in Article 3 (1) of the Act. 75.

6. In the case of entrepreneurs who are natural persons, undertaking an economic activity involving the obligation to obtain an entry in the register of regulated activities by the entrepreneur, the provision of art shall apply. 65 par. 3.

7. The rules of the entry in the register of entrepreneurs shall specify separate regulations.

Art. 14a. [ Suspension of economic activities] 1. An entrepreneur who does not hire workers may suspend the performance of the business activity for the period from 30 days to 24 months, subject to the paragraph. 1a.

(1a) If the period of suspension of economic activity covers only the full month of February of the calendar year concerned, the number of days of the month of February in respect of the minimum duration of the business suspension shall be deemed to be in a given calendar year.

1b. The period of suspension of the business activity may be marked in days, months or months and days.

1c. The provisions of the Code of Administrative Procedure shall apply for the calculation of the period of suspension of economic activity.

1d. An entrepreneur who does not hire workers in an economic activity for a period of at least 6 months may suspend the performance of an economic activity for up to 3 years for the purpose of exercising personal care of the child, no longer however, than to complete for 5 years of age, and in the case of a child who, due to the state of health confirmed by the decision on disability or the degree of disability, requires personal care of the person conducting the business activity, for the period up to 6 years, but not longer than to be completed by the child of 18 years.

1e. From the authority referred to in paragraph 1. 1d, the entrepreneur can use the whole or in no more than 4 parts.

2. In the case of the pursuit of an economic activity in the form of a civil partnership, the suspension of the business activity shall be effective provided that it is suspended by all the partners.

2a. An entrepreneur who performs an economic activity as a partner in more than one civil partnership may suspend the performance of his business activity in one or more such companies. The provisions of the paragraph 2 and (a) 3-7 shall apply mutatis mutandis.

2b. An entrepreneur performing an economic activity in various legal forms may suspend the exercise of economic activity in one of these forms. The provisions of the paragraph 3-7 shall apply to a suspended form of economic activity.

3. During the period of suspension of the business activity the entrepreneur is not allowed to perform business activity and achieve current revenues from non-agricultural business activity.

4. During the period of suspension of the business activity of the entrepreneur:

1) has the right to perform all the activities necessary to maintain or secure the source of the income;

2) has the right to accept receivables or the obligation to regulate liabilities, arising before the date of suspension of the performance of the business;

3) has the right to dispose of its own fixed assets and equipment;

4) has the right or the obligation to participate in legal proceedings, tax and administrative proceedings related to the economic activity carried out before the suspension of the pursuit of economic activity;

5) exercise any obligation prescribed by law;

6) has the right to achieve financial revenues, also from the activities carried out prior to the suspension of the performance of the business;

7) may be subject to inspection on the rules provided for entrepreneurs performing economic activity.

5. The suspension of economic activity and the resumption of business activity shall be carried out at the request of the entrepreneur.

6. The period of suspension of the business activity shall start from the day indicated in the application for the entry of information on the suspension of the business activity, not earlier than on the day of submission of the application, and lasts until the day of submission of the application for the entry of information on the resumption of business activity or up to the date indicated in that application, which may not be earlier than the date of submission of the application.

(7) In relation to public-law obligations, the suspension of economic activity shall have legal effect from the date on which the suspension of the business operation begins, until the day preceding the day of resumption of the business operation. the pursuit of economic activities.

8. Reporting of information on the suspension of economic activity and the resumption of business activity in the case of entrepreneurs subject to the obligation of entry into the National Court Register follows on the provisions on the National Court Register.

Article 15. (repealed)

Article 16. [ Obligation to use NIP] 1. An entrepreneur entered in the register of entrepreneurs or records is obliged to place in written declarations, addressed in the scope of his activity to the marked persons and bodies, the tax identification number (NIP) and use This is the number of legal and economic turnover.

2. The obligation referred to in paragraph. 1, shall not prejudice the obligations laid down in specific provisions.

3. Identification of the entrepreneur in the individual official registers takes place on the basis of the tax identification number (NIP).

Art. 16a. [ Legal title to real estate] 1. The entrepreneur is obliged to hold a legal title to the property, the addresses of which are specified in art. 25 par. 1 point 5 shall be subject to the entry in the Central Register and the Information on Business Activity. This title shall not be included in the application for entry in the Central Register and Information on Business Activity and shall be presented to the accounting authority upon its request in the case referred to in Article 3. 35 par. 1a.

2. Paragraph Recipe 1 shall not affect the obligations of entities subject to the provisions of the Act of 20 August 1997. o National Court Register (Dz. U. of 2015 items 1142).

Article 17. [ Rules for the exercise of economic activities] The entrepreneur is engaged in economic activities on the basis of fair competition and respect for good customs and the legitimate interests of consumers.

Article 18. [ Obligation to meet the conditions for performing the business] An entrepreneur is required to meet certain provisions of law the conditions for the pursuit of economic activities, in particular concerning protection against the threat of life, human health and public morality, as well as environmental protection.

Article 19. [ Professional powers] If the special provisions impose the obligation to have the appropriate professional powers in the performance of a particular type of economic activity, the trader shall be obliged to ensure that the activities in the course of the business are performed directly by a person who legitises the possession of such professional rights.

Article 20. [ Obligations of the trader placing goods on the territory of the Republic of Poland] 1. An entrepreneur placing goods on the market within the territory of the Republic of Poland shall be obliged to place on the goods, his packaging, label, instruction or to deliver in another, customarily accepted manner, written information in Polish:

1. determining the producer's firm within the meaning of the Article. 3 point 2 of the Act of 12 December 2003. about the overall safety of products (Dz. U. of 2015 items 322) and its address, as well as the state of the registered office of the manufacturer, if it is established outside the territory of the Member States of the European Union and the member states of the European Free Trade Association (EFTA)-parties to the agreement on the European Economic Area;

(2) permitting identification of the goods, unless the destination of the goods is obvious.

2. Paragraph Recipe 1 shall not apply to goods in respect of which the provisions separate in detail in the labelling obligations.

3. Paragraph Recipe 1 shall not apply to foodstuffs within the meaning of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002. laying down the general principles and requirements of food law, setting up the European Office for the Food safety and laying down procedures in the field of food safety (Dz. Urz. EU L 31, 01.02.2002, p. 1; Dz. Urz. EU Polish Special Edition, rozdz. 15, t. 6, p. 463 et seq., of late. zm.).

4. Paragraph Recipe 1 does not apply to products within the meaning of the provisions of the Act of 20 May 2010. about medical devices (Dz. U. Nr. 107, pos. 679, of late. zm.).

Article 21. [ Direct sales or distance sales-identification of the entrepreneur] If an entrepreneur offers goods or services in direct sales or distance selling via means of mass media, ICT networks or non-addressable wires, he/she is obliged to provide in the offer at least the following data:

1) the entrepreneur's company;

2) the tax identification number (NIP);

3) the premises and address of the entrepreneur.

Article 22. [ Making or accepting payments via the entrepreneur's bank account] 1. Making or accepting payments related to the performed business activity shall be effected through a bank account of the entrepreneur in any case, when:

1) the party of the transaction from which the payment is due is another entrepreneur and

2) the one-time value of the transaction, regardless of the number of the resulting payments, exceeds the equivalent of 15 000 euros converted into gold according to the average foreign exchange rate announced by the National Bank of Poland on the last day of the month prior to the month in which the transaction was made.

2. An entrepreneur who is a member of a cooperative savings/credit fund may carry out the obligation laid down in the paragraph. 1 through the account in this cooperative savings and credit cence.

3. (repealed)

Chapter 2a

Single Point of Contact

Article 22a. [ Conducting and tasks of a single contact point] 1. The Minister responsible for economic affairs conducts a single point of contact using the ICT system and is the administrator of the data of its users within the meaning of the provisions of the Act of 29 August 1997. on the protection of personal data (Dz. U. of 2015 items 2135 and 2281).

2. The tasks of a single contact point shall be to enable interested persons:

1. deal with matters relating to:

a) the taking, execution and termination of the business activity on the territory of the Republic of Poland, excluding redress procedures and issues concerning the inspection of the premises, the control of the equipment and the physical examination of the possibilities the pursuit of business activities by the entrepreneur,

(b) the recognition of professional qualifications acquired in the Member States of the European Union, excluding adaptive trainees and aptitude test,

(c) the provision of cross-border services within the meaning of Article 5 point 10 of the Act of 22 December 2015. on the rules for the recognition of professional qualifications acquired in the Member States of the European Union (Dz. U. of 2016 r. items 65) and the provision of services within the meaning of the Act of 4 March 2010. o provision of services in the territory of the Republic of Poland,

d) the issuance of a European Professional Card referred to in the provisions of Chapter 6 of the Act of 22 December 2015. the rules for the recognition of professional qualifications acquired in the Member States of the European Union;

2. access to information in the cases referred to in point 1.

3. [ 1] A single point of contact does not provide advice on individual matters.

Article 22b. [ Implementation of matters relating to the taking, execution and completion of economic activities] 1. A single point of contact makes it possible to submit by electronic means to:

1) the competent authorities-applications, statements or notifications necessary for the taking, exercise or termination of economic activity;

2. bodies conducting the proceedings in the cases referred to in art. 22a (b) 2 point 1 (c) b-d-conclusions and statements on these matters.

2. In order to be able to deal with the cases referred to in art. 22a (b) 2, the documents referred to in paragraph. 1, deposited with a single point of contact, shall be collected and made available without delay either to the competent authorities or to the bodies conducting the proceedings in the cases referred to in Article 1. 22a (b) 2 point 1 (c) b-d, by means of electronic communication, to the electronic mailbox of the competent authorities or the information and communication systems used for the implementation of public tasks meeting the minimum requirements for information and communication systems; and ensuring the interoperability of systems on the basis of the principles set out in the National Interoperability Framework within the meaning of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2014 items 1114).

3. A single point of contact shall enable the competent authorities and bodies to conduct proceedings in the cases referred to in art. 22a (b) 2 point 1 (c) b-d, service or establishment and transmission to the person who submitted the documents referred to in paragraph 1. 1, an official certificate of receipt within the meaning of the Act of 17 February 2005. o computerisation of the activities of public entities.

4. The opening of proceedings in respect of the cases referred to in Article 4 22a (b) Article 2 (1) shall be the date of the official acceptance certificate referred to in Article 2 (1). 3 point 20 (b) b of the Act of 17 February 2005. o computerisation of the activities of public entities.

5. A single point of contact shall enable the competent authorities and bodies to conduct proceedings in the cases referred to in art. 22a (b) 2 point 1 (c) b-d, service of letters in the form of an electronic document in accordance with art. 46 § 4 of the Code of Administrative Procedure.

6. The competent authority does not guarantee the integrity of the entrepreneur and of his employees.

Article 22c. [ Providing access to information] 1. A single point of contact shall provide interested access to information concerning:

1) in respect of the matters referred to in art. 22a (b) 2 point 1 (c) a:

(a) the procedures and formalities required for the taking, performing or termination of an economic activity in the territory of the Republic of Poland

(b) the general rules for the provision of services in the countries referred to in Article 13 (1) 1, in particular in the field of consumer protection,

(c) the contact details of the competent authorities, together with an indication of their scope

(d) the means and conditions for access to public registers and public databases concerning economic activities and business,

(e) the legal remedies available in the event of a dispute between the competent authority and the trader or the consumer, between the trader and the consumer and between the trader,

(f) the clarifications drawn up by the competent authorities concerning the provisions relating to the taking, pursuit and termination of economic activities,

(g) the contact details of associations and organisations which may give practical assistance to economic operators or consumers,

(h) the rights and obligations of workers and employers;

2) in respect of the matters referred to in art. 22a (b) 2 point 1 (c) b-d:

a) list of professions regulated in the Republic of Poland,

(b) the contact details of the bodies conducting the proceedings in those cases for the individual regulated professions and the contact details of the support centre referred to in Article 3. 53 (1) 1 of the Act of 22 December 2015. on the rules for the recognition of professional qualifications acquired in the Member States of the European Union,

(c) the list of professions for which the European Professional Card is issued, as well as information on the rules for applying for its issue, including the fees charged in connection with its issue,

(d) the list of regulated professions and regulated activities relating to public health or safety referred to in the provisions adopted on the basis of Article 3 (1) (d) of the Regulation. 34 par. 8 of the Act of 22 December 2015. on the rules for the recognition of professional qualifications acquired in the Member States of the European Union,

(e) the list of types of regulated education and training and courses on a special programme,

(f) proceedings for the recognition of professional qualifications, including due fees and required documents,

(g) provision of cross-border services,

(h) the requirement of a knowledge of the Polish language necessary for the pursuit of a regulated profession or regulated activity,

(i) appeals against the decisions given in these cases.

2. The competent authorities and bodies conducting the proceedings in the cases referred to in art. 22a (b) 2 point 1 (c) b-d, they shall consider the requests for information referred to in paragraph 1. 1, within 7 working days. In the case of requests requiring information from other authorities, this deadline may be extended to 14 working days. If the application is incorrect, unjustified or contains deficiencies, the competent authority shall forthwith inform the applicant thereof.

3. The competent authorities and bodies conducting the proceedings in the cases referred to in art. 22a (b) 2 point 1 (c) b-d, ensures-in accordance with its property-completeness, timeliness, compliance with applicable law, comprehensibility and transparency of information made available through a single contact point.

4. The data referred to in paragraph 1 point 1 (g), a single point of contact shall be made available with the consent of the associations and organisations.

5. A single point of contact may make available the information and materials referred to in paragraph. 1, also in other languages than the Polish language.

Article 22d. [ Information on regulations governing the provision of services outside the Republic of Poland] In order to enable interested persons to obtain information about the provisions governing the provision of services outside the territory of the Republic of Poland, a single point of contact provides information on the addresses of the websites of the individual points contacts in other countries.

Art. 22e. [ The obligation to ensure the exercise of powers or duties by means of electronic means of communication] Whenever the provisions in force confer rights or impose obligations relating to economic activities, recognition of professional qualifications acquired in the Member States of the European Union, the provision of cross-border services and the application of the issuance of a European Professional Card, the bodies responsible for dealing with these matters shall be obliged to ensure that they may be executed by means of electronic means of communication.

Article 22f. [ Specific conditions of the authorities ' cooperation] The Council of Ministers shall determine by way of regulation the detailed arrangements for the cooperation of the competent authorities and of the bodies conducting the proceedings in the cases referred to in Article 4. 22a (b) 2 point 1 (c) b-d, with a single point of contact to the extent necessary for the execution of its tasks, taking into account the need to ensure the proper flow of information and documents between those authorities and a single point of contact.

Article 22g. [ Detailed scope and conditions of use of a single contact point] The Minister responsible for the economy will determine, by means of a regulation, the detailed scope and conditions for the use of a single point of contact, taking into account its role in the implementation of the procedures for taking, executing and ending economic activity in the territory of the Republic of Poland, recognition of professional qualifications acquired in the Member States of the European Union, the provision of cross-border services and the application for the issue of a European Professional Card and the rules for the processing and protection of personal data.

Art. 22h. [ Entruning the implementation of certain tasks of a single contact point to other entities] The Minister responsible for the economy may, with the necessary financing and appropriate technical conditions, entrust the implementation of certain tasks of a single contact point to other entities.

Chapter 3

Central Records and Information on Economic Activity

Article 23. [ Central Records and Information on Business Activity] 1. Establishment of the Central Ewidenum and Information on Economic Activity, hereinafter referred to as "CEIDG".

2. The CEIDG operates in the IT system of the Minister responsible for economic affairs.

3. The task of CEIDG is:

1) the records of entrepreneurs who are natural persons;

2) making available information about entrepreneurs and other entities within the scope indicated in the Act;

3) allow access to the data free of charge provided by the Central Information of the National Court Register;

4) allow the timing and scope of changes to the entries in CEIDG and the introduction of the body.

Article 24. [ Transmission of data and information to CEIDG] 1. The transmission of data and information to the CEIDG and the transmission of data and information from the CEIDG shall be carried out through a platform of public administration services or by other means, by means of electronic communication.

2. Requests for entry to the CEIDG, information and other data shall be submitted to CEIDG through electronic forms posted on the CEIDG website, in the Public Information Bulletin of the Minister responsible for economic affairs and on the an electronic platform for public administration services.

Requests for entry into the CEIDG take into account the scope of the data subject to the entry into CEIDG and other official registers in accordance with art. 25 par. 5 points 1-3.

3. The motions of the proposals referred to in paragraph. 2, shall be posted on the electronic platform of public administration services.

Article 25. [ Data to be entered in CEIDG] 1. The entry to the CEIDG shall be subject to:

1) the entrepreneur's company and his PESEL number, if he has;

(1a) date of birth of the trader

2. the REGON identification number of the entrepreneur, if any;

3) the tax identification number (NIP) and information about its annulment or repeal;

4) information on the Polish citizenship of the entrepreneur, if any, and other citizens of the entrepreneur;

5) the address of the entrepreneur's residence, the address for service of the entrepreneur and the addresses under which the economic activity is carried out, including the address of the principal place of execution of the activity and the branch, if it was created; the data shall be in accordance with the code markings adopted in the national official register of the territorial division of the country, where possible;

6) contact details of the entrepreneur, in particular the e-mail address, the website, the telephone number, as long as such data has been reported in the application for entry to the CEIDG;

7) the date of commencing the business activity;

8) the determination of the objects of the pursued business activity, according to the Polish Classification of Activities (PKD);

9) information on the existence or termination of matrimonial property sharing;

10) the tax identification number (NIP) and the REGON identification number of the civil companies, if the entrepreneur has entered into contracts of such companies;

11) the data of the representative authorized to conduct business of the entrepreneur, together with an indication of the scope of the cases, which includes the data of the power of attorney, if the entrepreneur has granted a power of attorney and notified the information about his award in the application for entry to the CEIDG;

11a) data of the statutory representative, if required;

(12) information on the suspension and resumption of economic activities;

(13) information on the reduction or loss of legal capacity and the establishment of a courtman or a care;

14) information on the declaration of bankruptcy and the completion of this procedure;

14a) information on the final dismissal of an application for a declaration of bankruptcy on the ground that the property of an insolvent debtor is not sufficient to meet the costs of the proceedings or only suffice to satisfy these costs;

14b) information on the final repeal or termination of the arrangement in the restructuring or bankruptcy proceedings;

(15) information on the opening and completion of the restructuring proceedings or the right to approve the agreement in the procedure for the approval of the agreement;

15a) information on the transformation of an entrepreneur who is a natural person performing an economic activity on his own behalf in a single capital company;

16) information on the prohibition of doing business;

17) information on the prohibition of the pursuit of a particular profession, the pursuit of which by the entrepreneur is subject to the entry into CEIDG;

18) information on the prohibition of conducting activities related to the upbringing, treatment, education of minors or with care for them;

18a) information on the date of permanent cessation of business activity, provided that this information has been notified in the request for entry to the CEIDG;

19) information on the outlining of the entrepreneur from CEIDG.

2. The data referred to in paragraph. Points 11 and 11a shall include, in the case of a representative who is a natural person and a legal representative, the name and the relevant data referred to in paragraph 1 shall be included in the list of points. 1 points 1, 1a and 4-6, as well as the tax identification number (NIP), if they have such; in the case of a legal person who is a legal person, such data shall include, a proxy company, the address of the registered office, the number in the register of entrepreneurs in the National Court Register, o how much it has, and the relevant data referred to in the paragraph. 1 points 3 and 6.

3. The entry into the CEIDG consists in the introduction to the ICT system of the data subject to the entry. The entry shall be made as soon as the data in CEIDG is posted, no later than the next business day following the date of the impact on the CEIDG of the application, subject to Article 27 ust. 1.

4. An entry to the CEIDG shall be made upon request, unless the special provision provides for an entry from office. The entry to CEIDG is also to delete or change the entry.

5. An integral part of the request for an entry to CEIDG is the request:

1) the entry or amendment of the entry into the national official register of entities of the national economy (REGON);

2) the identification or update declaration referred to in the rules on the rules of records and the identification of taxpayers and payers;

3. the payment of the payment of contributions or changes thereof within the meaning of the provisions on the social security scheme or to the declaration of a declaration on the continuation of social insurance of farmers within the meaning of the provisions on social insurance of farmers;

4) acceptance of a statement of the entrepreneur's choice of the form of taxation of personal income tax or application for the application of taxation in the form of a tax card or resignation from the chosen form of taxation;

5) the acceptance of a notification of the choice of how to make an advance payment on personal income tax or a notice of resignation from the chosen method of payment of the advance payment on personal income tax;

6) the acceptance of a notice of the choice of payment of a lump sum on the revenue recorded quarterly or of the notice of ceasing to pay a lump sum on the income recorded on a quarterly basis;

7) the acceptance of a notice of tax conduct of the book of income and disgems or notification of the intention to keep the accounts;

8) the acceptance of a notice of conclusion with the accounting office of the agreement for the conduct of the tax book of income and disgems or the contract for keeping the records of revenue, and the notice of termination of these contracts;

9) acceptance, in the case of a trader who is a payer of contributions, exclusively for his own insurance:

(a) the notification to social security and health insurance or health insurance,

(b) the notification to the health insurance of family members,

(c) changes to the data shown in the declarations referred to in point (s). a and b,

(d) the filing of the insurance recording referred to in point ( a and b.

5a. To the application for entry to CEIDG the entrepreneur may attach a registration or updating application, referred to in the regulations on the tax on goods and services.

5b. Changes in the data shown in the notification to social security referred to in art. 36 ust. 14 of the Act of 13 October 1998. o Social Security System (Dz. U. of 2015 items 121, of late. zm.), shall be carried out only in the manner indicated in the provisions of this Act.

5c. In the case referred to in paragraph. 5 point 9, the trader, together with the request for entry to CEIDG, transmits the data for the drawing up of notifications or changes in the data shown in the declarations, required by the provisions of the Act of 13 October 1998. the social security system or the Act of 27 August 2004. on health care services financed from public funds (Dz. U. of 2015 items 581, as late. zm.), other than those resulting from the mouth. 1.

5d. In the cases referred to in paragraph 1. 5 points 4 to 8, the terms set out in the Act of 26 July 1991 shall apply. o Income tax on individuals (Dz. U. 2012 r. items 361, of late. zm.) and in the Act of 20 November 1998. with a flat-rate income tax on certain income generated by natural persons (Dz. U. No 144, pos. 930, of late. zm.).

6. (repealed)

7. With the application for entry to the CEIDG, except for the request to delete the entrepreneur, there shall be made a statement of the absence of the decision-against the person whose entry relates-the prohibitions referred to in the paragraph. 1 point 16-18, under the penalty of criminal liability for making a false statement.

Article 25a. [ Exclusion of the provision of Article 33 § 3 of the Code of Administrative Procedure] 1. If the CEIDG has entered the data referred to in Art. 25 par. 1 point 11, the provision of the Article is not applied to the demonstration before a public administration authority to pursue a case on behalf of an entrepreneur. 33 § 3 of the Code of Administrative Procedure.

2. In the case referred to in paragraph. 1, the public administration authority of the office shall confirm in CEIDG the authorisation of the proxy to pursue the case on behalf of the entrepreneur.

3. The provision of the paragraph. 2 shall not apply in cases carried out under the Act of 29 August 1997. -Tax Ordinance and Law of 28 September 1991 about the treasury control (Dz. U. of 2015 items 553).

Article 26. [ Request for entry to CEIDG] 1. The application for entry to the CEIDG consists of the electronic form available on the CEIDG website, in the Public Information Bulletin of the Minister responsible for the economy and via the electronic platform of services public administration. The CEIDG telecommunicacy system shall send an acknowledgement of the application to the e-mail address indicated.

2. An application for entry to the CEIDG may also be made out on a form conforming to the form referred to in paragraph. 1, followed by:

1. filed in the elected office of the municipality, or

2) sent by registered letter to the address of the chosen municipal office.

3. If the application for entry to the CEIDG is submitted in the manner specified in the paragraph. 2 point 1, the authority of the municipality confirms the identity of the applicant and, for the receipt, acceptance of the application.

4. The authority of the municipality shall convert the application referred to in the paragraph. 2, to the form of an electronic document, provide it with an electronic signature verified by a qualified certificate, while maintaining the rules provided for in the regulations on electronic signature, or signs the signature of the confirmed profile a trusted ePUAP, or otherwise signed by the CEIDG system, which allows unambiguous identification of the person transmitting the application and the time of its transmission and sends it to CEIDG no later than the next working day from the date of its submission received.

4a. Where the activities referred to in paragraph 4, carry out authorised personnel, the municipality's authority shall immediately transmit to CEIDG the names of those persons, and inform immediately the withdrawal of the authorisations for these persons.

5. The request in the form of an electronic and paper document and documentation related to it shall be archived for a period of 10 years from the entry. The archives shall be carried out by the municipality and the Minister responsible for the economic affairs respectively. The provisions on national archives and archives shall not be applied to the application and the documentation.

6. Reception, transmission and destruction by the municipalities of requests for entry to CEIDG is a task commissioned from the scope of government administration.

7. The persons referred to in art. 13 (1) 2, 2a, 4 and 5, together with the request for entry to the CEIDG submitted in the manner set out in the paragraph. 2, they shall present the original of the document confirming the current status referred to in those provisions, or a certified copy thereof. In the case of an application for an entry to the CEIDG submitted by those persons in the manner specified in the paragraph. 1, the document shall be accompanied by an electronic signature with an electronic signature or a validated e-PUAP profile.

Art. 26a. [ Request for making documents] The Minister responsible for the economy may require the municipality's authority to make available documents relating to applications for entry to the CEIDG submitted in the manner laid down in the Article. 26 par. 2.

Article 27. [ Application Health] 1. An entry to the CEIDG shall be made if the application is correct.

2. An incorrect application is the application:

1) not containing the data referred to in Art. 25 par. 1, or

1a) containing the data referred to in art. 25 par. 1, contrary to the provisions of the law, or

2) (repealed)

3) concerning activities not covered by the provisions of the Act, or

4) filed by the person against whom the legal order has been ordered to conduct an economic activity, or

5) concerning a person already signed on to CEIDG, or

(5a) with which the claim referred to in Article 4 has not been made. 25 par. 7, or

6) unsigned, or

7) filed by an unauthorised person.

3. If the application referred to in Article 26 par. 1 is incorrect, the CEIDG telecommunicator system shall inform the applicant without delay of the incorrect application.

4. If a request made in the manner prescribed by the Article 26 par. 2 is incorrect, the municipality body immediately calls for the correction or completion of the application, indicating the failure to do so, within 7 working days, under the rigorous of leaving the application without recognition. Article Recipe 33a shall apply mutatis mutandis.

5. CEIDG uses the information contained in public registers available in electronic form in the scope of the data covered by the application for entry to CEIDG in particular to verify the data entered into the CEIDG.

6. Where an entrepreneur does not hold a PESEL number, he turns to the authorized employee of the municipal office of a passport or other document confirming his/her identity and citizenship.

7. An application for entry to the CEIDG submitted in the manner specified in Art. 26 par. 1 shall be accompanied by an electronic signature, verified by a qualified certificate, subject to the rules laid down in the rules on electronic signature, or signed with a signed-on-certificate of the ePUAP trusted profile, or signed in another way accepted by the CEIDG system enabling unambiguous identification of the person submitting the application and the time of his submission.

8. An application for entry to the CEIDG submitted in the manner specified in art. 26 par. 2 point 1 shall be accompanied by the signature of the rightholded person.

9. Application for entry to the CEIDG submitted in the manner specified in Art. 26 par. 2 point 2 shall bear the signature of the rightholded person whose property is certified by a notary.

Article 28. [ Transfer of data contained in the request for entry to CEIDG] CEIDG shall send the relevant data contained in the application for entry to the CEIDG referred to in Article 25 par. 5, via the electronic platform of public administration services or other means of electronic communication, immediately, not later than on the working day following the entry, to the competent Head of the Tax Office designated by the entrepreneur, and after obtaining information about the assigned tax identification number (NIP) to:

1) The Central Statistical Office,

2) Social Insurance Institution or the Agricultural Social Insurance Fund

-together with information on the entry of the CEIDG entry and the assigned tax identification number (NIP).

Article 29. [ Exemption of charges] Requests for entry to CEIDG are free of charge.

Article 29a. [ Request for entry to CEIDG with information on the failure to take up economic activity] 1. When entering CEIDG, a natural person may submit an application for entry to the CEIDG together with information about the failure to take up business activity at the latest by the end of the day preceding the indicated date of commencement of activity 2.

2. The application referred to in paragraph 2. 1, the provisions of Article 1 shall apply mutatis mutandis. 26-29, excluding the provisions of art. 27 ust. 2 points 1 to 5a.

3. The application referred to in paragraph 1. 1, contains the data listed in Art. 25 par. 1 (1) to (3) and address for service.

4. In the case of submission of the application referred to in paragraph. 1, the entry to CEIDG is not provided.

Article 30. [ Application for amendment and deletion of the alert] 1. The entrepreneur is obliged to submit an application for:

1) change of entry-within 7 days from the date of change of the data referred to in art. 25 par. 1, which arose after the date on which the entry was made to CEIDG;

2) his removal from the CEIDG-within 7 days from the day of the permanent cessation of the business activity.

2. The application for the amendment of an alert or a deletion of an entrepreneur shall apply the provisions of the Article accordingly. 26-29, excluding the provisions of art. 27 ust. 2 points 4 and 5.

3. Paragraph Recipe 1 shall apply mutatis mutandis to the shareholders of the civil company in the case of registration of a commercial company resulting from the transformation of the civil company into the register of entrepreneurs, in the scope of activities entered in the register of entrepreneurs.

Article 31. [ Entry of information from office] 1. The entry from the office to the CEIDG shall be subject to the data and information referred to in art. 25 par. 1 point 1-in the scope of the PESEL number, points 2, 3, 10 and 13-18, and changes of that data and information.

2. CEIDG shall transmit by electronic means immediately, no later than the next working day, the information entered in the CEIDG referred to in art. 25 par. 1 point 1-in the scope of the PESEL number, points 2, 3, 10 and 13-18, and changes to those data and information and the information referred to in art. 36a par. 1 point 1, to the Central Register of Entities-National taxpayer Records, the Central Statistical Office, the Social Insurance Institution, the Agricultural Social Insurance Fund and to the bodies referred to in art. 37 par. 5.

3. The information referred to in art. 25 par. 1 point 13-15, the court reports immediately to the CEIDG through the form available on the CEIDG website, no later than within 7 working days from the day:

1) the right to limit the provisions on the reduction or loss of capacity to legal acts of the entrepreneur;

(2) the right to have a decision on the establishment of a courtside or a care;

(3) the right to refuse an application for a declaration of bankruptcy on the ground that the property of the defaulting debtor is not sufficient to satisfy the costs of the proceedings or that it is sufficient to meet those costs only;

4. the authority to approve the agreement in the procedure for approval of the system;

5. a decision to repeal the agreement or order which results in the expiry of the agreement;

6. the provisions on:

(a) the declaration of bankruptcy,

(b) opening of restructuring proceedings;

(7) the right to terminate the order to terminate or to cancel the restructuring or bankruptcy procedure.

4. The information referred to in art. 25 par. 1 point 15a, Central Information of the National Court Register reports immediately to CEIDG through the form available on the CEIDG website, no later than within 7 working days from the date of the entry to the business register a single capital company resulting from the transformation of an entrepreneur who is a natural person.

5. The information referred to in art. 25 par. 1 points 16-18, bankruptcy court, National Criminal Register or competent authority shall notify CEIDG immediately to CEIDG by means of a form available on the CEIDG website, after obtaining information on the authorisation of a prohibition decision:

1) conducting business activities;

2) pursue a specific profession;

3) carry out activities related to the education, treatment, education of minors or with care of them.

6. The National Criminal Register shall report immediately to CEIDG through a form available on the CEIDG website obtained information about the execution or giving of the criminal measure, referred to in art. 25 par. 1 point 16-18, notified to the CEIDG, as well as information on the removal from the National Criminal Register of data resulting from the decision containing the criminal measure referred to in art. 25 par. 1 point 16-18, submitted to CEIDG.

7. The bankruptcy court shall report immediately to CEIDG through the form available on the CEIDG website information on the cessation of execution, repeal or amendment of the decision on the prohibition of conducting business activity.

8. The form referred to in paragraph. 5-7, contains fields for entering information resulting from the rulings referred to in the paragraph. 5-7, to the extent of at least the following data:

1) the date on which the decision on the prohibitions referred to in the paragraph is entitled to be made. 5;

(2) the period for which the prohibitions referred to in paragraph 1 have been issued. 5;

3) information on the issue of the decision to change the date of the prohibitions referred to in the paragraph. 5;

4) information on the cessation of enforceability of the decision on the prohibitions referred to in the paragraph. 5;

5) information on the repeal of the prohibitions referred to in the paragraph. 5.

Article 32. [ Application for amendment of the alert] 1. An entrepreneur suspending or resuming a business activity shall submit an application to change the entry. The provisions of Article 4 26-30 shall apply mutatis mutandis, with the exception of the provision of art. 29a.

(2) An application for amendment of an alert on a suspension of economic activity shall contain the data referred to in Article 3. 25 par. 1 (1) to (3) and a statement of non-employment.

Article 33. [ Presumption of the accuracy of the data entered in CEIDG] It is presumed that the data entered in the CEIDG are true. A natural person entered into CEIDG is responsible for the damage caused by the declaration to CEIDG of the wrong data, if it is subject to the obligation to enter at its request, and also non-notification of data subject to the obligation of entry to CEIDG in the statutory the time limit or the absence of notification of any changes to the data covered by the alert, unless the damage occurred as a result of force majeure or solely from the fault of the victim or a third party, for which the person entered in the CEIDG is not responsible.

Art 33a. [ Service of the letter] 1. The Minister responsible for Economic Affairs shall serve the letter, the entrepreneur registered with CEIDG, only to the address for service given in the entry to the CEIDG.

2. If the entrepreneur referred to in paragraph 1, does not change the entry to CEIDG in the event of a change of the address for service, the service of the letter under the previous address has legal effect.

3. The call referred to in art. 35 par. 1a, including its request to amend the entry to CEIDG in respect of the address for service, shall be served on the address of residence of the trader and the addresses under which the economic activity is carried out, if they are different from the address for service.

Article 34. [ Removing and outlining data from CEIDG] 1. The data contained in the CEIDG may not be removed from it, unless the provisions of the law provide otherwise. The deletion of the trader from CEIDG does not mean the deletion of the data from the entry to the CEIDG.

2. The entrepreneur shall be removed from the CEIDG from office, by means of the administrative decision of the Minister responsible for economic affairs, in the case of:

1) (repealed);

1a) (repealed);

2) to declare a permanent cessation of the pursuit of economic activities by the entrepreneur;

3. (repealed);

3a) not to apply for the entry of information on the resumption of economic activity from the day following the date to which the entrepreneur suspended the performance of business activity on the basis of art. 14a par. 1d;

4) loss by the entrepreneur of the powers to perform the economic activities entitled under the art. 13 (1) 1 or paragraph 2;

5) when the entry was made in violation of the law.

3. The organs of government administration which have information about the loss of the powers referred to in paragraph. 2 (4), shall be required to communicate to the Minister responsible for economic affairs through a form available on the CEIDG website, without delay, no later than three working days after receipt of the information.

4. The Minister responsible for economic affairs for the purpose of the proceedings shall use the data contained in the PESEL register.

5. CEIDG shall delete the entrepreneur immediately, no later than within 7 days:

1) in the case of failure to apply for an entry to CEIDG of information on the resumption of economic activity before the expiry of the 24 months from the date of suspension of the business activity;

2) when the CEIDG has been notified of the final decision of the prohibition on the pursuit of economic activities, with the exception of the decision prohibiting the pursuit of a particular business activity;

3) after the introduction to the computer system of information on the entrepreneur's death.

6. To the activities referred to in paragraph. 5, the provisions of the Code of Administrative Procedure shall not apply.

7. The information referred to in art. 25 par. 1 point 16-18, remove from CEIDG after receiving the information referred to in art. 31 par. 6 and 7, as well as after the expiry of the period for which the prohibition of doing business was declared to CEIDG by a bankruptcy court on the basis of art. 31 par. 5 point 1.

8. The CEIDG shall transmit electronically, without delay, no later than the next working day from the date on which the trader with the CEIDG is removed, the deletion information referred to in paragraph 1. 5, to the Central Register of Entities-National taxpayer Records, the Central Statistical Office, the Social Insurance Institution, the Agricultural Social Insurance Fund and to the bodies referred to in art. 37 par. 5.

Article 35. [ Call to change an entry that contains data that does not match the actual state of the item.] 1. In the case, when the entry contains data inconsistent with the actual state of affairs, the Minister responsible for the economy calls on the entrepreneur to make an appropriate change of the entry within 7 days from the day of service of the call.

1a. In the case of the Minister responsible for the economy, the information on the lack of legal title to the property indicated in the entry into the CEIDG, the address of which was determined in accordance with art. 25 par. 1 point 5, the minister responsible for the economy calls on the entrepreneur to present the legal title to the property referred to in art. 16a par. 1, or make an appropriate change to the alert in this regard, within 7 days from the date of service of the call.

2. If, in spite of the call referred to in paragraph 1, 1, the entrepreneur will not make an appropriate change to his entry, the minister responsible for economic affairs may delete, by means of an administrative decision, an entrepreneur with CEIDG.

If, in spite of the call referred to in paragraph 2, the 1a, the entrepreneur will not present the legal title to the property referred to in art. 16a par. 1, or does not make a change to its entry in the address range referred to in art. 25 par. 1 point 5, the minister responsible for economic affairs outlines, by means of an administrative decision, an entrepreneur with CEIDG.

2b. At the request of the person whose address details were appended to the CEIDG without a legal title to the property, the address of which concerns, after the deletion referred to in the paragraph. 2a, these data are not published in CEIDG.

3. The Minister responsible for the economy of the office, in the form of a provision, shall correct the entry containing obvious errors, discrepancies with the content of the entrepreneur's application or the factual situation arising from other public registers.

4. The public operator of the public register may inform CEIDG about the data and information contained in the CEIDG which is not consistent with the information resulting from its public register.

5. In the case when the entry to CEIDG is incompatible with the content of the submitted application for entry to CEIDG, converted by the municipality's authority in art mode. 26 par. 4, the municipal authority shall immediately re-convert the application, except in the case of data added ex officie.

Article 36. [ The transfer of information about the deletion of the trader from the CEIDG and the rectification of the entry in CEIDG] The Minister responsible for the economy is obliged to submit by electronic means, without delay, no later than the next working day, information on the deletion of the trader from the CEIDG and the rectification of the entry in the CEIDG of the entrepreneur, whom the entry concerns, the competent Head of the tax office, the Central Statistical Office, the Social Insurance Institution, the Agricultural Social Insurance Fund and the bodies referred to in Article 37 par. 5.

Article 36a. [ Changes in the entry in case of obvious errors or discrepancies with the content of the entrepreneur's request] 1. If the entry to CEIDG of the entrepreneur removed from this register contains obvious errors, discrepancies with the content of the entrepreneur's application or the factual situation resulting from other public registers, changes of this entry may make:

1) the minister competent for the rights of the economy, in the event of deletion of this entry under the art. 34 par. 2 and 5 and Art. 35 par. 2 and 2a;

2. the authority, which shall, ex officio, enter the information referred to in Article 31 par. 1, in relation to the data entered by it.

2. If the entry of the entrepreneur plotted from CEIDG contains discrepancies with the content of the application for entry to the CEIDG converted by the municipality body in art mode. 26 par. 4, the municipality body shall reconvert the application.

Article 37. [ Data Sharing] 1. CEIDG provides the data and information contained in it:

1) in art. 25 par. 1, with the exception of the PESEL number, date of birth, address of residence, unless it is the same as the other addresses indicated in art. 25 par. 1 point 5, and the contact details referred to in Article 25 par. 1 point 6, where, by giving them, the person entitled has objected to their making available in the CEIDG;

2) in the mouth. 2.

2. CEIDG provides the following information about entrepreneurs and other entities:

1. to obtain, revoke, lose and terminate the rights deriving from the concession;

2. to obtain, revoke, lose and terminate the privileges of the permit or licence;

(3) of the entry in the register of regulated activities, the prohibition of the performance of the activities referred to in the entry and the deletion of the register.

3. In order to verify the information referred to in paragraph. 2, CEIDG uses the data provided by the Central Information of the National Court Register on the basis of art. 4 par. 4a of the Act of 20 August 1997. o National Court Register (Dz. U. of 2013 r. items 1203, with late. zm.). CEIDG provides an insight into these data.

4. The data and information referred to in art. 25 par. 1, with the exception of the data mentioned in paragraph. 1 point 1, CEIDG shall make available immediately, no later than 3 working days from the date of the entry to the CEIDG.

5. The information referred to in paragraph. 2, are transferred to CEIDG by the relevant licensing authorities, the regulatory bodies of regulated activities and the licensing and licensing authorities, without delay, no later than the next working day after the information on the the final decision of the case to which it relates, together with the date of entitlement and the sign of the case. Where the matter has been resolved by a decision giving immediate effect to the rigor, those authorities shall transmit the information without delay, no later than the working day following the date of the maximum security of the immediate feasibility. CEIDG shall make this information available immediately, no later than the next working day after the day of its receipt. The provisions of Article 4 26 par. 4 and 4a shall apply mutatis mutandis.

6. (repealed)

7. The data and information referred to in paragraph 1 shall not be made available. 2, made available by CEIDG, are true. In the event that such data or information does not comply with the facts, everyone shall immediately inform the competent authority referred to in paragraph 1. 5.

8. The transfer to CEIDG of data and information by the authorities of the territorial and economic self-government referred to in paragraph. 5, it belongs to the tasks of the government administration.

Article 38. [ Disclosure of data and information] 1. The data and information provided by CEIDG shall be public. Everyone has the right to access the data and information provided by CEIDG.

2. The data and information referred to in art. 37 par. 1 and 2, they are made available on the CEIDG website.

2a. The CEIDG telecommunicationis system allows:

1. making available data and information;

2) confirmation of the personal data of the entrepreneur entered into the CEIDG, after prior conclusion with the Minister responsible for the economy of the contract specifying at least the scope of the confirmed data and the technical conditions of their confirmation.

3. (repealed)

4. CEIDG's provision of the entry in the CEIDG concerning businessmen who are natural persons in the scope of the explicit data referred to in art. 25 par. 1, shall take the form of an electronic document or a printout from the CEIDG website.

4a. The certificates of entry to CEIDG concerning business persons who are natural persons in respect of the data referred to in art. 25 par. 1, they shall take the form of an electronic document or a printout from the CEIDG website and may only be obtained by the economic operators concerned or the persons entitled.

4b. An entrepreneur may ask the Minister responsible for economic affairs to confirm the printout referred to in paragraph. 4 or 4a, the purpose of the apostille's attestariate.

4c. The confirmation referred to in paragraph 1. 4b, shall not be subject to the tax charge.

4d. The provisions of Chapter VII of the Code of Administrative Procedure do not apply to the certificate of entry into CEIDG.

5. Authorities of public administration may not request from the entrepreneurs to show, transfer or attach to the applications certificates of the entry in CEIDG.

6. (repealed)

Article 39. [ Data Sharing] 1. CEIDG data may be made available free of charge, in a manner other than that specified in art. 38 par. 2, after having established, with the Minister responsible for Economic Affairs, the conditions for making available this data.

2. The entities to which the CEIDG data is provided in the mouth mode. 1, they may not transmit such data, or their fragments, to other entities.

3. To the extent of unregulated in the mouth. 1 and 2 for the re-use of CEIDG data apply the provisions of the Act of 25 February 2016. o re-use of public sector information (Dz. U. Entry 352).

Article 39a. [ Making data available to public authorities] 1. The CEIDG shall make available the data and information contained therein as specified in the Article. 25 par. 1 and 2 and Art. 37 par. 2. State bodies for the purpose of carrying out their statutory tasks.

2. State bodies, in order to carry out their statutory tasks, the CEIDG data shall be made available free of charge, in a manner other than that specified in the art. 38 par. 2, after having established, with the Minister responsible for Economic Affairs, the conditions for making available this data.

3. The state bodies to which the CEIDG data is provided in the mouth mode. 1 and 2, they may not transmit this data, or any portion thereof, to other entities.

4. Within the scope of the unregulated in the mouth. 1-3 The provisions of the Act of 6 September 2001 shall apply to the reuse of CEIDG data. access to public information.

Article 39b. [ Exclusion of the provisions of the Act on the protection of personal data The provisions of the Act of 29 August 1997 do not apply to the explicit data and information provided by CEIDG. on the protection of personal data (Dz. U. of 2014 items 1182 and 1662 and of 2015 items 1309), with the exception of the provisions of art. 14-19a and art. 21-22a and Chapter 5 of that law.

Article 40. (repealed)

Article 41. (repealed)

Article 42. (repealed)

Article 43. (repealed)

Article 44. (repealed)

Article 45. (repealed)

Chapter 4

Concessions and regulated economic activities

Article 46. [ Concessionary business activity] 1. The award of a concession requires the performance of business activities in the scope of:

1) exploration, recognition of hydrocarbon deposits and solid-mining solid mines, exploration or recognition of the complex of underground storage of carbon dioxide, extraction of copalin from deposits, underground non-storage-free storage substances, underground storage of waste and underground storage of carbon dioxide;

2. the manufacture and marketing of explosives, weapons and ammunition, and articles and technology for military or police purposes;

3) the manufacture, processing, storage, transmission, distribution and marketing of fuels and energy;

(3a) transferring carbon dioxide for the purpose of its underground storage;

4) protection of persons and property;

5. dissemination of radio and television programmes, excluding programmes distributed exclusively in the ICT system, which are not distributed by terrestrial, satellite or cable networks;

6. air services;

7) conduct casinos games.

2. The detailed scope and conditions for the pursuit of economic activities subject to concessionary activity shall be determined by the provisions of separate laws.

3. Introduction of other concessions in the fields of economic activity of particular importance for the sake of the security of the State or of citizens or other important public interest is permissible only in the event that this activity cannot be performed as free or after the entry in the register of regulated activities or permits and requires amendment of this Act.

Article 47. [ Award, refusal, modification and revocation of the concession] 1. If the provisions of the separate laws do not provide otherwise, the award, refusal, modification and withdrawal of the concession or limitation of its scope shall be the Minister responsible for the subject of the economic activity required to obtain concessions.

(2) The division, refusal, modification and revocation of the concession or limitation of its scope in relation to the application shall be made by decision.

3. (repealed)

Article 48. [ Specific conditions for the exercise of the economic activity covered by the concession] 1. The concession body may specify in the concession, within the limits of the provisions of the separate laws, the specific conditions for the pursuit of the economic activity covered by the concession.

2. The concession authority shall be obliged to provide detailed information to each of the operators concerned about the conditions referred to in paragraph 1. 1, immediately after the opening of the concession award procedure.

Article 49. [ Application for or change of concession] 1. An application for a grant or a modification of a concession shall include:

1) the entrepreneur's company, the designation of its registered office and address, or the place of residence and address and address of the principal place of business;

2) the number in the Register of Entrepreneurs of the National Court Register, if the trader has such a number, and the tax identification number (NIP);

3. determination of the type and scope of the business activity to which the concession is to be granted.

2. In the application referred to in paragraph. 1, information must also be provided and the documents specified in the rules governing the economic activity requiring the award of the concession should be attached.

Article 50. [ Proceedings before a decision on the award or modification of a concession] Before taking a decision on the award of a concession, or a modification of the concession, the concession authority may:

1) to call upon the applicant to supplement, within the prescribed period, missing documentation certifying that he meets the conditions laid down by the provisions of the law, required for the performance of a particular business activity, under the rigorous of leaving the application without consideration;

2) make a check of the facts given in the application for the award of the concession in order to determine whether the trader fulfils the conditions for the pursuit of the business covered by the concession and whether it gives a guarantee to the proper exercise of the activity covered the concession.

Article 51. [ Notice of granting a limited number of concessions] 1. In the case when the licensing authority provides for the award of a limited number of concessions, this fact shall be announced in the Official Journal of the Republic of Poland "Monitor Polski".

2. The notice referred to in paragraph 2. 1, contains:

1) the definition of the subject matter and scope of the economic activity to which the concession is to be granted;

2) the number of concessions;

3. specific conditions for the pursuit of the business to which the concession is to be granted, in so far as the licensing authority, within the limits of the provisions of the separate laws, provides for their determination;

4) the date and place of the application for concession award;

5) required documents and additional information;

6) the length of time for which the concession may be granted.

3. The provision of art. 60 shall not apply.

Article 52. [ Award of a concession in a tender] 1. If the number of entrepreneurs satisfying the conditions for the award of the concession and giving a guarantee of proper performance of the licensed activity is greater than the number of concessions provided for the award, the concession authority shall manage the tender, whose object is the award of a concession.

(2) In proceedings for the award of concessions for the distribution of radio and television programmes, the licensing authority shall manage the invitation to tender referred to in paragraph 1. 1 if, as a result of the evaluation of the applications under the art mode 36 of the Act of 29 December 1992. o Broadcasting and television broadcasting (Dz. U. of 2011 r. Nr 43, pos. 226, of late. zm.) the number of entrepreneurs remains greater than the number of concessions.

Article 53. [ Notice of the need to tender] 1. The concession body announces in the Official Gazette of the Republic of Poland "Monitor Polski" about the need to conduct a tender among the entrepreneurs referred to in art. 52 par. 1.

2. In the notice, the licensing authority shall also specify:

1) the minimum fee for which the concession may be granted-not lower than the stamp duty or other public-law fee provided for in the separate provisions for the award of the concession;

2) the place and time limit for the submission of tenders

3) the detailed terms and conditions that the offer should meet;

4) the amount, form and timing of the lodging of the tendering security;

5) the deadline for the tender.

3. The market shall be carried out by the competent licensing authority.

4. The offer drawn up in the Polish language shall be submitted by the date, the place and the form specified in accordance with the paragraph. 1 and 2, in sealed envelopes.

5. The offer includes:

1) the entrepreneur's company, the designation of its registered office and address, or the place of residence and address and address of the principal place of business;

2. the declared amount of the concession fee.

6. Complex offers are not subject to withdrawal.

Article 54. [ Selection of tenders in the number of concessions] (1) The concession authority shall select tenders in a number compatible with the number of concessions referred to in Article 1. 51 (1) Article 2 (2) (2), heading the amount of the declared concession fees.

2. In the event that several entrepreneurs have declared a fee in the same amount, the concession body shall invite these entrepreneurs to redeclare the amount of the fee and select the offer of the entrepreneur who has declared a higher fee.

(3) The concession authority shall notify the tenderers who submitted tenders in writing of the outcome of the invitation to tender, as soon as they have been determined, and:

1) return the defecation to entrepreneurs whose offers have not been selected;

2) include a defect in the fee for the fee to be paid to the entrepreneurs whose tenders have been selected.

4. The concession authority shall grant concessions to the operators whose tenders have been selected.

Article 55. [ Giving a confidentiality clause to the information which constitutes the business secrets] (1) An undertaking providing information constituting the secrets of an undertaking within the meaning of the rules on combating unfair competition in the concession award procedure may request that the information be given to it to be given a clause confidentiality.

2. Information shall be given a confidentiality clause, provided that the trader:

1) providing information, justifying its request;

2. from the information provided, a summary that may be made available to other participants in the proceedings.

(3) Information to which a confidentiality clause has been granted may not be made available to other participants in the proceedings without the consent of the trader.

Article 56. [ Refusal to grant and alter a concession or to limit its scope] 1. The concession authority may refuse to grant the concession or limit its scope to the application for the award of a concession or refuse to change the concession:

1) when the entrepreneur does not fulfil the conditions for the pursuit of the business activity covered by the concession specified in the law or the conditions given to the entrepreneurs in the art mode. 48 (1) 2 or Article 51 (1) 1;

2) in view of the threat of defence or security of the State or of citizens;

(3) if, as a result of the invitation to tender referred to in Article 1, 52, the concession has been awarded to another economic operator or business;

3a) where the decision to determine the inadmissibility of exercising the rights of shares or shares of the entrepreneur, on the basis of the provisions of the Act of 24 July 2015 on the control of certain investments (Dz. U. Entry 1272), if it is in the public interest;

4) in the cases specified in separate regulations.

(2) The concession authority may temporarily suspend the award of a concession due to the reasons set out in the paragraph. 1 point 2, by announcing this in the Official Journal of the Republic of Poland "Monitor Polski".

Article 57. [ Control powers of the concession authority] 1. The concession authority shall be entitled to control the business activity in the scope of:

1) the compliance of the business with the concession granted;

2) compliance with the conditions for the pursuit of economic activities

3) the defence or security of the State, the protection of security or the personal property of citizens.

2. The persons authorised by the licensing authority to carry out the checks shall be entitled in particular to:

1. admission to the property, premises, premises or parts thereof, where the economic activity covered by the concession is carried out, in days and in the hours during which that activity is carried out or 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.

(3) The concession authority may invite the trader to remedy the deficiencies identified within the prescribed time limit.

Article 58. [ Withdrawal of concessions] (1) The concession authority shall revoke the concession, where:

1) a final decision was issued which prohibits an economic operator from performing the business 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) grossly violate the conditions specified in the concession or other conditions for the pursuit of the concessionary business activity, defined by the provisions of law;

2) 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.

(3) The concession authority may withdraw the concession or alter its scope on grounds of a threat to the defence or security of the State or of the security of citizens, and if a decision has been made to determine the inadmissibility of the exercise of the rights of the shares, or the shares of the entrepreneur, on the basis of the provisions of the Act of 24 July 2015. on the control of certain investments or in the event of bankruptcy of the entrepreneur.

Article 59. [ Obligation to submit a change of data] The trader shall notify the concession authority of any changes to the data referred to in Article 4. 49, within 14 days from the day of their formation.

Article 60. [ Pledging of concession-pros] 1. An entrepreneur who intends to take up an economic activity requiring the award of a concession may apply for a pledge to issue a concession, hereinafter referred to as the "pro-service". In a ferry, the award of a concession conditional upon the fulfilment of the conditions of execution an economic activity requiring a concession.

2. The provisions on the award of concessions, excluding Article, shall apply in the procedure for the award of the pros. 52-54.

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 award of a concession for carrying out an economic activity as defined in the Promotes may not be refused unless:

1) the data contained in the request for the promotion of ferries have changed;

(2) the applicant has not fulfilled all the conditions set out in the Promotes;

(3) the circumstances referred to in Article 3 (3) occurred. 56 par. 1 (1) and (2).

Article 61. [ Application for re-award] An entrepreneur who has withdrawn the concession for the reasons referred to in Article 58 par. 1 point 1 and paragraph. 2, may request a re-award of a concession to the same extent not earlier than 3 years from the date of the decision to withdraw the concession.

Article 62. [ Treasury fee for the award of a concession or change thereof and for the award of the pros] (1) For the award of a concession or a modification thereof, and for the award of the pros, a tax charge shall be charged, unless the provisions of separate laws stipulate otherwise, subject to paragraph. 2.

(2) If the concession was awarded in a tender procedure, a fee shall be levied for the award of the concession in the amount referred to in Article 3. 54 para. 1 or paragraph 2.

3. The payment referred to in art. 54 para. 1 or paragraph 2, shall be paid to the account of the concession authority, unless the provisions of separate laws stipulate otherwise.

Article 63. [ Application of provisions of separate laws] In matters not regulated by the provisions of Article 47-61 the provisions of the separate laws governing the activity of the concessionary application shall apply.

Article 64. [ Regulated economic activity] 1. If the provision of a separate law provides that a given type of activity is a regulated activity within the meaning of this Act, an entrepreneur may carry out that activity if it fulfils the specific conditions laid down by the provisions of that separate law and after obtaining an entry in the register of regulated activities, subject to art. 75.

2. An entry in the register of regulated activities shall be subject to a tax charge, unless the separate provisions stipulate otherwise.

Article 65. [ Entry in the regulated business register] 1. The body conducting, on the basis of the regulations governing the given economic activity, the register of regulated activity shall enter the alert at the request of the entrepreneur, after the entrepreneur has made a declaration of meeting the conditions required for the execution of this activity.

2. The statement shall be made to the body conducting the register of regulated activities.

3. An entrepreneur subject to an entry in the register may submit an application together with a statement also at the municipal office, indicating the authority leading the register of regulated activities.

4. The content of the declaration, the means of keeping the register and the data to be entered in the register shall be determined by the laws governing the activity concerned

5. The body conducting a register of regulated activities shall issue a certificate of registration to the register as a public authority.

Article 66. [ Disclosure of the register] 1. The register of regulated activities shall be overt. Everyone shall have the right to access the data contained in it through the authority which maintains the register.

2. A register file shall be kept for the trader who is entered in the register, covering in particular the documents giving rise to the entry and the decisions on the deletion of the alert.

3. Entry to the register may be deleted only in the cases provided for by the Act.

(4) The registry authority shall rectify from its office an entry in the register containing obvious errors or inconsistations with the facts.

5. The entrepreneur is obliged to report a change of the data entered in the register within 14 days from the day of the event of the incident, which caused the change of these data.

Article 67. [ Date of entry in the register] 1. The body conducting a register of regulated activities shall be obliged to make an entry of the entrepreneur into that register within 7 days from the date of the impact of the application of the application for entry, together with a statement of compliance with the conditions required for execution the economic activity for which the register is carried out.

2. If the authority carrying out the register of regulated activities does not make an alert within the time limit referred to in paragraph 2. 1, and from the date of the impact of the application to this body have passed 14 days, the entrepreneur can start the activity. This does not apply where the Authority has called on the entrepreneur to complete the request for entry no later than 7 days from the date of its receipt. In such a situation, the time limit referred to in the first sentence shall run from the date of the impact of the completion of the application for entry.

Article 68. [ Refused trader entry in the register] The authority carrying out a register of regulated activities shall, by means of a decision, refuse an operator's entry in the register where:

1) a final decision has been issued to prohibit an entrepreneur from performing an economic activity covered by the entry;

2) the entrepreneur has been removed from the register of this activity regulated for the reasons referred to in art. 71 (1) 1, in the 3 years preceding the submission of the application.

Article 69. [ Obligation to store documents] The trader shall keep all the documents necessary to demonstrate compliance with the conditions required for the performance of the regulated activity.

Article 70. [ Scrutiny of the entrepreneur's compliance with the conditions required for the performance of regulated activities] The operator's compliance with the conditions required for the performance of the regulated activities shall be checked, in particular by the authority carrying out the register of the activity concerned. Article Recipe 57 shall apply mutatis mutandis.

Article 71. [ Prohibition of the entrepreneur's exercise of the activity covered by the alert] 1. The body conducting a register of regulated activities shall issue a decision prohibiting the performance by the entrepreneur of the activity covered by the entry, when:

1) the entrepreneur made the statement referred to in art. 65, not in factual situation;

2) the entrepreneur has not removed the breaches of the conditions required for the performance of the regulated activity within the deadline set by the body;

3) finds a flagrant violation of the conditions required for the performance of the business regulated by the entrepreneur.

2. The decision referred to in paragraph. 1, is subject to immediate execution.

3. In the case of the decision referred to in the paragraph. 1, the authority of the office shall delete the entry of the trader in the register of regulated activities.

4. Paragraph Recipe 3 shall apply mutatis mutandis where the trader carries out an economic activity covered by the entry also on the basis of the entries in other registers of activity regulated in the same business area.

Article 72. [ Re-entry to register] 1. An entrepreneur, who has been removed from the register of regulated activities, may obtain a re-entry to the register in the same scope of business activity no earlier than after 3 years from the date of the decision referred to in art. 71 (1) 1.

2. Paragraph Recipe 1 shall apply to an entrepreneur who has pursued an economic activity without an entry in the register of regulated activities. This does not apply to the situation referred to in Article 4 67 par. 2.

Article 73. [ Deletion of entry] The governing body of the regulated activity register shall delete the entrepreneur's entry in the register at his request, and after obtaining information about the trader's death or after obtaining information from CEIDG about the deletion of the entrepreneur.

Article 74. [ Application of special provisions] In matters not regulated in art. 64-73 shall be governed by the provisions governing the pursuit of economic activities on the basis of an entry in the register of regulated activities.

Article 75. [ Economic activities requiring authorisation] 1. Obtaining the permit requires the execution of business activity within the scope specified by the regulations:

1) of the Act of 26 October 1982. of the upbringing in sobriety and counteracting alcoholism (Dz. U. 2012 r. items 1356, with late. zm.);

2) of the Act of 19 November 2009. o Gambling games (Dz. U. Nr. 201, pos. 1540, with late. zm.);

3) of the Act of 20 October 1994. o Special Economic Zones (Dz. U. of 2015 items 282);

4) of the Act of 13 September 1996. keeping cleanliness and order in the municipalities (Dz. U. of 2013 r. items 1399, with late. zm.);

5) of the Act of 29 July 2005. anti-drug addiction (Dz. U. 2012 r. items 124 and of 2015 items 28);

6) (repealed)

7) of the Act of 29 July 2005. marketing of financial instruments (Dz. U. of 2014 items 94 and 586 and of 2015 items 73);

7a) of the Act of 29 July 2005. public offering and conditions for the introduction of financial instruments to an organised trading system and on public companies (Dz. U. of 2013 r. items 1382);

8) of the Act of 28 August 1997. of the organisation and functioning of pension funds (Dz. U. of 2013 r. items 989, with late. zm.);

9) of the Act of 29 August 1997. -Banking law (Dz. U. of 2015 items 128 and 559);

9a) of the Act of 5 November 2009. with cooperative savings and credit cashions (Dz. U. of 2013 r. items 1450);

10) (repealed)

11) of the Act of 26 October 2000. o freight exchanges (Dz. U. of 2014 items 197 and 2015 items 478);

12) the Act of 27 April 2001. of waste (Dz. U. of 2010 No. 185, item. 1243, with late. zm.) [ 2] ;

13) of the Act of 11 May 2001. -Law on measures (Dz. U. of 2013 r. items 1069);

14) of the Act of 7 June 2001. with a collective supply of water and waste water drainage (Dz. U. of 2015 items 139);

15) of the Act of 22 June 2001. with micro-organisms and genetically modified organisms (Dz. U. 2007 No. 36, pos. 233, of 2009 Nr 18, pos. 97 and 2015 items 277), in the scope of the establishment of the plant of genetic engineering;

16) (repealed)

17) of the Act of 6 September 2001. -Pharmaceutical law (Dz. U. of 2008 Nr 45, poz. 271, with late. zm.);

18) of the Act of 6 September 2001. o road transport (Dz. U. of 2013 r. items 1414, of late. zm.);

19) of the Act of 19 December 2014. o Maritime fisheries (Dz. U. of 2015 items 222);

20) of the Act of 3 July 2002. -Air law (Dz. U. of 2013 r. items 1393 and from 2014 items 768);

21) (repealed)

22) of the Act of 11 September 2015. about insurance and reinsurance activities (Dz. U. Entry 1844);

23) of the Act of 22 May 2003. on insurance intermediation (Dz. U. of 2014 items 1450);

24) (repealed)

25) of the Act of 6 December 2008. o Excise Tax (Dz. U. of 2014 items 752, with late. zm.);

26) of the Act of 27 May 2004. o Investment funds and the management of alternative investment funds (Dz. U. of 2014 items 157, of late. zm.);

27) (repealed);

28) (repealed)

29) (repealed)

30) of the Act of 19 August 2011. on payment services (Dz. U. of 2014 items 873 and 1916).

2. The obtaining of the permit or filing shall require the performance of the activity related to the exposure to ionising radiation, as defined in the Act of 29 November 2000. -Atomic law (Dz. U. of 2014 items 1512).

2a. Obtaining the permit requires conducting a workshop to the extent specified in the provisions of the Act of 29 July 2005. a system of digital tachographs (Dz. U. No 180, pos. 1494, with late. zm.).

3. The obtaining of the license requires the performance of business activity within the scope specified in the regulations:

1) of the Act of 6 September 2001. road transport;

2) of the Act of 28 March 2003. o Rail transport (Dz. U. of 2013 r. items 1594, as of late. zm.).

4. The obtaining of consent requires conducting a payment system or securities settlement system to the extent specified in the provisions of the Act of 24 August 2001. the finality of settlement in payment systems and securities settlement systems and the rules for the supervision of these systems (Dz. U. of 2013 r. items 246 and 1036).

5. The authorizing, licensing and consent bodies and any conditions for the exercise of the activities covered by the permits, licenses and consents, as well as the rules and the procedure for issuing decisions on permits, licences and death shall specify the provisions set referred to in paragraph. 1-4.

Article 75a. [ Eligibility for economic activities throughout the country and for an indefinite period of time] 1. Concession, authorisation, consent, license or registration of a regulated activity shall entitle to the pursuit of business activity throughout the country and indefinitely.

2. Introduction of the exception to the rule set out in the paragraph. 1 shall be permitted only in the provisions of the separate laws solely on the grounds of overriding public interest.

Article 76. [ Tasks of bodies of local government units] Where the provisions governing the economic activity concerned provide that the issue, refusal to issue, amendment of the scope and revocation of concessions and permits, as well as the keeping of the regulated business registers, shall be the task of the bodies of self-government units territorial, these tasks are carried out as tasks commissioned from the scope of government administration.

Chapter 5

Business control of the entrepreneur

Article 77. [ Control of business activities of entrepreneurs] 1. Control of business activity of entrepreneurs shall be carried out on the principles laid down in this Act, unless the rules and mode of control are due to directly applicable provisions of common Community law or from ratified international agreements.

1a. The provisions of this Chapter shall not apply to the control of the trader in respect of the observance of the conditions of nuclear safety and radiation protection.

2. The provisions of specific laws shall apply to the non-regulated range in this chapter.

3. The scope of this control of economic activities of the entrepreneur and the bodies authorised to carry it out shall be determined by separate

4. An entrepreneur who has suffered damage as a result of carrying out of control activities in violation of the provisions of the law in the field of business control of the entrepreneur shall be entitled to compensation.

5. Investigation of the claim referred to in paragraph. 4, shall be subject to the rules and in accordance with the procedure laid down in separate provisions.

6. Evidence carried out in the course of the control by the control body in violation of the provisions of the law in the field of business control of the entrepreneur, if they have had a material impact on the results of the inspection, shall not constitute evidence in any proceedings the administrative, tax, criminal or car-treasury of a controlled undertaking.

Article 78. [ Determination of a threat to life or health, danger of damage to property in significant sizes or environmental violations] 1. In the event of the fact that the news of the performance of economic activity is not in accordance with the provisions of the Act, and also in the event of a statement: the threat of life or health, the danger of creating damage to property in significant proportions or violations the environment as a result of the pursuit of this activity, the mayor, the mayor or president of the city shall immediately inform the competent public authorities.

2. The notified bodies shall immediately notify the mayor, the mayor or the president of the city of the actions taken.

3. In the absence of the possibility of the notification referred to in paragraph. 1, the mayor, or the mayor or president of the city may order, by decision, the cessation of the business activity for the necessary time, not longer than 3 days.

4. A decision ordering the cessation of the pursuit of an economic activity in the event of a threat to life or health, the danger of creating damage to property in significant sizes or environmental violations as a result of the exercise of that the activity is suitable for the immediate feasibility of the rigor.

Article 79. [ Notice of the economic operator of the intention to initiate an inspection] 1. The control bodies shall notify the entrepreneur of the intention to initiate an inspection.

(2) The notice of intention to initiate an inspection shall not be made where:

1. the control is to be carried out on the basis of directly applicable provisions of common Community law or on the basis of a ratified international agreement;

2) carrying out the inspection is necessary to counteract the commission of a criminal offence or misconduct, counteracting the commission of a treasury offence or treasury offense or securing evidence of its committing;

3) control is carried out on the basis of the provisions of the Act of 25 August 2006. a system of monitoring and controlling the quality of fuels (Dz. U. of 2014 items 1728);

4) the audit is carried out in the course of the proceedings conducted on the basis of the provisions of the Act of 16 February 2007. on the protection of competition and consumers (Dz. U. of 2015 items 184);

(4a) the carrying out of the checks is necessary in order to prevent the contravention of the prohibitions referred to in Article 44b (b) 1 of the Act of 29 July 2005. anti-drug addiction (Dz. U. 2012 r. items 124 and of 2015 items 28 and 875);

4b) control shall be carried out on the basis of art. 23c of the Act of 10 April 1997. -Energy law (Journal of Laws of 2012 items 1059, with late. zm.);

4c) the audit is carried out on the basis of the provisions of the Act of 20 July 1991. o Inspection of the Environmental Protection (Dz. U. of 2013 r. items 686, with late. zm.) with regard to the levels of electromagnetic fields emitted from radio-communication, radionavigation or radiolocation installations;

(5) the carrying out of checks is justified by the direct threat of life, health or the environment;

6) the entrepreneur does not have the address of residence or address of the registered office or service of the letters on the given addresses was ineffective or obstructed.

(3) Notifications of the intention to initiate an inspection shall also not be made in the cases referred to in Article 3. 282c of the Act of 29 August 1997. -Tax Ordinance.

4. The control shall be initiated not earlier than after 7 days and no later than 30 days after the date of notification of the notice of intention to initiate the control. If the check is not initiated within 30 days of the date of notification of the notice, the initiation of an inspection shall require a re-notification.

(5) At the request of the trader, an inspection may be initiated within seven days of the date of notification of the notice.

(6) The notice of intention to initiate an inspection shall include:

1. designation of the authority;

2. the date and place of issue;

3) designation of the entrepreneur;

4) an indication of the scope of the control;

5) the signature of the person authorised to notify.

(7) The reasons for the non-notification of the intention to initiate an inspection shall be included in the audit book and the audit log.

Article 79a. [ Control Actions] 1. Control activities may be carried out by the employees of the inspection bodies upon presentation of the entrepreneur or the person by him of the authorized service card authorising the exercise of such acts and after the service of the authorization to the to carry out checks, unless specific provisions provide for the possibility to take control after the identification of the identity card. In that case, the authorisation shall be served on the trader or the person empowered by him within the time limit laid down in those provisions, but not later than 3 working days from the date of the initiation of the checks.

2. Submission of control activities after the presentation of a service card, on the basis of specific provisions, may concern only cases where the control activities are necessary to counteract the commission of a criminal offence or offense, to counteract the commission of a treasury or treasury offence, or to secure evidence of its committing, and when carrying out an inspection is justified by a direct threat to life, health or the environment.

3. Control activities may be carried out by persons who are not employees of the control body, if the provisions of separate laws so constitute.

4. The staff of the inspection body and of the persons referred to in paragraph. 3, the provisions of the Act of 14 June 1960 shall apply. -The Code of Administrative Procedure (Dz. U. of 2013 r. items 267, of late. zm.) concerning the exclusion of the employee, unless the provisions of separate laws provide otherwise.

(5) The change of the persons authorised to carry out the checks, the scope of the control at issue and the place where the inspection is carried out, shall be issued in each case These changes may not lead to an extension of the previously anticipated date of completion of the inspection.

6. The authorisation referred to in paragraph 1. 1, shall contain at least:

1) an indication of the legal basis;

2. designation of the control authority;

(3) the date and place of issue;

4. the name of the official of the control authority authorized to carry out the checks and the number of his official ID card;

(5) the designation of the undertaking under control;

6. determination of the scope of the control concerned;

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 the position or function of the person concerned;

9) lecture on the rights and obligations of the controlled entrepreneur.

7. A document that does not meet the requirements referred to in the paragraph. 6, does not provide a basis for carrying out checks.

8. The scope of the control shall not exceed the scope indicated in the authorisation.

9. In the absence of the controlled entrepreneur or the person authorized by him, the control activities may be initiated upon presentation of the official identity card of the controlled worker, who may be considered as the person referred to in art. 97 of the Act of 23 April 1964. -Civil Code (Dz. U. of 2014 items 121, of late. zm.), or in the presence of a referenced witness, who should be a public officer, but not an employee of the authority carrying out the audit.

Article 79b. [ Obligation to inform the inspected entrepreneur about his rights and obligations during the inspection] In the event of a check, the person undertaking the control is obliged to inform the inspected entrepreneur or the person against whom the action was taken, after the verification of the service ID card, before taking the first control action. control, about his rights and duties during the inspection.

Article 80. [ Audit flow] 1. Control activities shall be carried out in the presence of the controlled person or the person authorized by him.

2. The provision of the paragraph. 1 shall not apply in cases where:

1) ratified international agreements provide otherwise;

2) carrying out the inspection is necessary to counteract the commission of a criminal offence or misconduct, counteracting the commission of a treasury offence or treasury offense or securing evidence of its committing;

3) the audit is carried out in the course of the proceedings carried out under the provisions of the Act of 16 February 2007. the protection of competition and consumers;

4) carrying out checks is justified by the immediate threat of life, health or the environment.

3. Controlled shall be obliged to give written indication of the person authorized to represent him in the course of the check, in particular during his absence.

4. Until the duration of the inspection referred to in art. 83 (1) 1, not including the time of absence of the controlled undertaking or the person authorized by it, where this constitutes an obstacle to the carrying out of the control activities.

5. In the absence of the controlled or the person authorized by him or not to perform by the controlled obligation referred to in paragraph. 3, control activities may be carried out in the presence of another controlled worker, who may be considered to be the person referred to in art. 97 of the Act of 23 April 1964. -Civil Code, or in the presence of a referenced witness, to which a public officer should be, but not a staff member of the authority carrying out the inspection.

Art. 80a. [ Place of inspection] 1. The control shall be carried out at the controlled premises, the place of business execution or, with the consent or at the request of the controlled, at another place of storage of the documentation, including the tax books, during the working hours or in time the actual pursuit of economic activities by the controlled.

2. Control or individual control activities, with the consent of the controlled, may also be carried out at the headquarters of the inspection body, if this can improve the conduct of the inspection.

Art. 80b. [ Control activities and disruptive business activities of the entrepreneur] Control activities should be carried out in a smooth and undisturbing manner possible to the functioning of the controlled undertaking. Where the trader indicates in writing that the activities carried out disturb the economic activities of the trader in an important manner, the need for such action should be justified in the control protocol.

Article 81. [ Audit book] 1. The entrepreneur is obliged to conduct and store in his premises the audit book and the authorization and protocols of control. The audit book can be in the form of a document set The audit book serves the entrepreneur to document the number and duration of the control of his activities.

1a. The audit book may also be carried out in electronic form. An entrepreneur who conducts an audit book in electronic form, makes entries and updates the data contained in the audit book. It is presumed that the data contained in the audit book conducted in electronic form are confirmed in documents held by the entrepreneur.

2. The audit book shall contain entries made by the control authority. Entries shall include:

1) the designation of the control authority;

2. the designation of the authorization to be checked;

(3) the scope of the audit carried out;

4) the date of the taking and termination of the inspection

5. the control recommendations and the determination of the control measures applied;

6. the justification for not notifying the trader of its intention to initiate an inspection;

7. the justification for the initiation of the control referred to in Article 79a par. 2;

8) justification of the exceptions applied, referred to in art. 79, 80, 82 and 83;

(9) the justification for the extension of the duration of the checks referred to in Article 3. 83 (1) 3 and 3a;

10) justification of the duration of the break referred to in art. 83a ust. 3.

3. An entrepreneur is required to make in the audit book an alert informing about the execution of the audit recommendations or an alert about their repeal by the control body or its parent body or administrative court.

Article 81a. [ Okazan audit book] 1. In the event of the initiation of an inspection, the entrepreneur is obliged to immediately show the audit book referred to in art. 81 (1) 1, or copies of relevant portions or printouts from the IT system in which the audit book is conducted, certified by itself for compliance with the entry in the audit book.

2. The entrepreneur shall be exempt from the presentation of the audit book if it is impossible to show it due to the making available to another control authority. In such a case, the entrepreneur turns out the audit book at the premises of the control body within 3 working days from the date of the return of that book by the control authority.

Article 82. [ Taking and carrying out more than one control] 1. It is not possible at the same time to undertake and operate more than one business control. This does not apply to situations where:

1) ratified international agreements provide otherwise;

2) carrying out the inspection is necessary to counteract the commission of a criminal offence or misconduct, counteracting the commission of a treasury offence or treasury offense or securing evidence of its committing;

3) the audit is carried out in the course of the proceedings carried out under the provisions of the Act of 16 February 2007. the protection of competition and consumers;

(3a) the inspection shall be carried out on the basis of Article 23c of the Act of 10 April 1997. -Energy law;

4. carrying out the checks shall be justified by the imminent danger of life, health or the environment;

5) the audit concerns the validity of the reimbursement of the tax on goods and services before making such a refund;

6. carrying out the checks shall be carried out on the fulfilment of obligations under Community law on the protection of competition or of Community law in the protection of the financial interests of the European Community;

7) the audit concerns the validity of the reimbursement of the tax on goods and services on the basis of the provisions on the return of the physical persons of certain expenses related to housing construction;

8) the audit concerns the validity of the reimbursement of the tax on goods and services on the basis of the provisions on the return of the physical persons of certain expenses incurred in connection with the construction of the first own apartment;

9) the conducted inspection is the control of the US accounts reported regulated in the Act of 9 October 2015. on the implementation of the Agreement between the Government of the Republic of Poland and the Government of the United States of America on the improvement of the fulfilment of international tax obligations and the implementation of FATCA legislation (Dz. U. Entry 1712).

(a) If an economic operator carries out an economic activity in more than one establishment or another of the separate parts of his undertaking, the principle set out in paragraph 1 shall apply. The first sentence refers to an undertaking or part of an undertaking, subject to paragraph 1. 1b.

1b. In the undertaking or part of the undertaking in which the inspection is carried out, it shall be permitted to carry out the checks necessary for the completion of another inspection at the premises of the undertaking concerned.

1C. Provision of the mouth. 1a shall not apply to the control of the economic activities of the trader referred to in art. 104 and 105.

2. If the economic activity of the trader is already subject to the control of another authority, the control authority shall refrain from taking control steps and may set a deadline for the check with the trader.

Article 83. [ Audit duration] 1. The duration of all inspections of the control authority at the trader in one calendar year shall not exceed:

1) with regard to micro-entrepreneurs-12 working days;

2) in respect of small entrepreneurs-18 working days;

3) in relation to medium-sized entrepreneurs-24 working days;

4. in respect of other entrepreneurs, 48 working days.

2. The control time limits shall not apply where:

1) ratified international agreements provide otherwise;

2) carrying out the inspection is necessary to counteract the commission of a criminal offence or misconduct, counteracting the commission of a treasury offence or treasury offense or securing evidence of its committing;

3) the audit is carried out in the course of the proceedings carried out under the provisions of the Act of 16 February 2007. the protection of competition and consumers;

(3a) the inspection shall be carried out on the basis of Article 23c of the Act of 10 April 1997. -Energy law;

4. carrying out the checks shall be justified by the imminent danger of life, health or the environment;

5) the audit concerns the validity of the reimbursement of the tax on goods and services before making such a refund;

6. carrying out the checks shall be carried out on the fulfilment of obligations under Community law on the protection of competition or of Community law in the protection of the financial interests of the European Community;

(7) the control concerns entities which, pursuant to separate provisions, have issued a decision on the recognition of the correctness of the choice and the application of the method for determining the transaction price between related parties, in relation to the implementation of that decision;

8) the audit concerns the validity of the reimbursement of the tax on goods and services on the basis of the provisions on the return of the physical persons of certain expenses related to housing construction;

9) the audit concerns the validity of the reimbursement of the tax on goods and services on the basis of the provisions on the return of the physical persons of certain expenses incurred in connection with the construction of the first own apartment;

10) control is the control of the US accounts reported regulated in the Act of 9 October 2015. on the implementation of the Agreement between the Government of the Republic of Poland and the Government of the United States of America on the improvement of the fulfilment of international tax obligations and the implementation of FATCA legislation.

3. The extension of the duration of the inspection shall be possible only for reasons beyond the control of the control body and shall be justified in writing. The justification shall be given to the trader and shall be entered in the audit book before any further examination is taken. The extension of the duration of the check shall not affect the time limits referred to in paragraph 1. 1.

(3a) The extension of the duration of the inspection may also be extended if, in the course of the checks, the tax or loss of a loss exceeding the equivalent of 10% of the amount of the declared tax liability is disclosed or the amount of the loss is disclosed; or losses, or in the case of disclosures of the non-declaration of a declaration despite such an obligation.

3b. The control authority shall notify the audited subject matter of the circumstances referred to in paragraph 3. 3a, at the same time indicating the evidence collected in this regard. The reasons for extending the duration of the checks shall be included in the audit book and the audit log.

3c. The duration of the checks referred to in paragraph 1. 3a, may not cause the time referred to in paragraph to be exceeded by twice as appropriate. 1.

4. If the results of the checks have shown a flagrant violation of the rules of law by the trader, a second check may be carried out to the same extent in the given calendar year, and the duration of the review shall not exceed 7 days. The duration of the re-inspection shall not be counted against the time referred to in paragraph 1. 1.

Article 83a. [ Interruption of inspection] 1. The control authority may, upon written notice of the operator, abort the check for the time necessary to carry out the examination of the sample of the product or the control sample, if the only control after the receipt of the test result of the sample is drawing up the audit protocol. The time of the interruption shall not be included in the time referred to in Article 4. 83 (1) 1, if during the break the entrepreneur had the opportunity to perform business activity and had unrestricted access to his documentation and owned things, with the exception of the protected for sample control.

2. In the case referred to in paragraph. In order to ensure that the economic and social security of the economic and social security of the European Community is not a matter of fact, the Commission may, in accordance with the procedure laid down in Article 4 (1), do not require that the The service of the control protocol shall be accepted during the inspection of another authority.

3. Justification for the duration of the interruption shall be entered in the audit book of the entrepreneur.

4. The break referred to in paragraph. 1, shall not prevent another control authority from carrying out the checks during the time of its inspection.

Article 84. [ Exemption of application of the law] Art. 82 and art. 83 shall not apply to business activities within the scope of:

1) the supervision referred to in art. 1 (1) 2 of the Act of 21 July 2006. on the supervision of the financial market (Dz. U. 2012 r. items 1149, as of late. zm.);

2) sanitary supervision on the basis of the Act of 14 March 1985. o State Sanitary Inspection (Dz. U. of 2011 r. Nr 212, pos. 1263, with late. zm.) i ustawy z dnia 25 sierpnia 2006 r. on food safety and nutrition (Dz. U. of 2010 No. 136, pos. 914, of late. zm.), in the field of food safety.

Art. 84a. [ Exemption of application of the law] Art. 79, 79a, 80, 80a, art. 81 (1) 2, art. 81a, 82 and 83 shall not apply to economic activities of traders within the scope of:

1) special tax supervision, on the basis of the Act of 27 August 2009. o Customs Service (Dz. U. of 2013 r. items 1404, of late. zm.);

2) veterinary supervision, on the basis of the Act of 21 August 1997. on the protection of animals (Dz. U. of 2013 r. items 856, of 2014 items 1794 and from 2015 items 266), of the Act of 26 September 2001. -Pharmaceutical law, of the Act of 27 August 2003. on veterinary border control (Dz. U. of 2014 items 424 and 1662), the Act of 10 December 2003. on veterinary checks on trade (Dz. U. of 2015 items 519), of the Act of 29 January 2004. on Veterinary Inspection (Dz. U. of 2010 No. 112, item. 744, of late. zm.), ustawy z dnia 11 marca 2004 r. on the protection of animal health and the control of communicable diseases of animals (Dz. U. of 2014 items 1539 and from 2015. items 266 and 470), of the Act of 16 December 2005. with products of animal origin (Dz. U. of 2014 items 1577), of the Act of 22 July 2006. about feedingstuffs (Dz. U. of 2014 items 398) and the Act of 15 January 2015. on the protection of animals used for scientific or educational purposes (Dz. U. Entry 266);

3. (repealed);

(4) controls relating to the granting of goods to a customs-approved treatment or use at a customs office, or at a place designated or recognised by the customs authority, on the basis of the customs provisions or the limit phytosanitary control carried out on the basis of the provisions of the Law of 18 December 2003. o plant protection (Dz. U. of 2014 items 621, of late. zm.);

5) the control of the moving means of transport, the persons using them and the goods carried by them, on the basis of the Act of 27 August 2009. o Customs Service, of the Act of 6 September 2001. o road transport and the Act of 28 March 2003. o rail transport;

6) purchase of products or services verifying the reliability of the service, on the basis of the Act of 15 December 2000 r. o Trade Inspection (Dz. U. of 2014 items 148 and 1101 and of 2015 items 277);

7. sales made outside the fixed point of the location (door-to-door sales) within the meaning of Article 3 (1) of Regulation (EC) No 73/2013 of the EC 15 para. 2 of the Act of 12 January 1991. about taxes and local charges (Dz. U. of 2014 items 849 and 2015 items 528)).

Art. 84aa. [ Exemption of application of the law] [ 3] 1. Rules of the art. 79, art. 80a, art. 82 and art. 83 shall not apply as regards controls:

1) the activity of the medicinal product, conducted by the authority carrying out the register, the wojewater and the entity forming in the scope of tasks specified in the provisions on the activity of the medicinal product;

2) an entrepreneur conducting business in the field of exploration, recognition or exploitation of mines owned by the mining property or the entity performing in the field of his/her professional activity entrusted to him by that entrepreneur in the movement of the mining plant or of the undertaking performing the geological work carried out by the authorities of the Environmental Protection Inspection or Mining Supervision Authority.

2. The provisions of Article 1 shall not apply to the control of the medicinal activities carried out by the Minister responsible for health. 79, art. 79a, art. 80a, art. 82 and art. 83.

Art. 84ab. [ Disable the use of art. 82 and 83 of the Act] Art. 82 and art. 83 does not apply to the control of the services provided by the entity responsible for the financing of public health care benefits under the Act of 27 August 2004. on health care services financed from public funds (Dz. U. of 2015 items 581).

Art. 84ac. [ Exemption of provisions] Art. 79, art. 80a, art. 82 and art. 83 shall not apply to the control of the collection and processing of waste equipment and recycling and other than recycling of waste recovery processes arising from waste equipment used by the Inspection of the Environment, Marshal of the voivodship and the state of starostia in connection with the control of compliance with the regulations concerning the management of used equipment.

Article 84b. [ A check initiated as a result of an application by an entrepreneur on his/her own case] 1. Rules of the art. 79, art. 82 ust. 1 and Art. 83 (1) 1 shall not apply to checks initiated in the course of proceedings carried out following an application by the trader in his own case, on the basis of the provisions of separate laws, directly applicable provisions of universally applicable law The Union and the audit carried out on the basis of the Act of 11 July 2014. on the principles of implementation of the cohesion policy programmes financed in the financial perspective 2014-2020 (Dz. U. Entry 1146 and 2015 items 378).

2. Whenever the provisions set out separate and directly applicable rules of common Community law are used, the following terms are used: notice, notice, notification aimed at the initiation of an audit of economic activity by the the competent control authority, the paragraph provision. 1 shall apply mutatis mutandis.

Article 84c. [ Objection to control activities in violation of the provisions] 1. An entrepreneur may object to the taking up and execution by the control authorities of acts in violation of the provisions of art. 79-79b, art. 80 par. 1 and 2, art. 82 ust. 1 and Art. 83 (1) 1 and 2, subject to Article 84d.

2. The entrepreneur claims in writing to the authority undertaking and executing the control. The operator shall notify the auditor in writing of the opposition in writing.

3. Opposition shall be lodged within 3 working days from the date of the initiation of the inspection by the control authority. The entrepreneur must justify the lodging of an objection.

4. Where an infringement of a provision of Article 83 (1) 1 has occurred in the course of the checks carried out, the period referred to in paragraph 1. 3, starts on the day when the audit duration has been exceeded.

5. The lodging of an objection shall result in a suspension of the control activities by the control authority whose opposition concerns, on service of the controlling notice of the notice of opposition, pending the examination of the opposition, and, in the event of a complaint, until it is considered.

(6) The lodging of an objection shall interrupt the duration of the examination as from the date on which the opposition is lodged before the date on which the undertaking referred to in the paragraph is served. 9, or until the date referred to in paragraph. 12, subject to paragraph. 7.

7. In the case of a transfer by the entrepreneur of the complaint referred to in paragraph. 10, the interruption of the duration of the inspection shall take place until the date of service of the undertaking concerned, referred to in paragraph 1. 10, or until the date referred to in paragraph. 13.

(8) In the event of an objection, the control authority may, by way of order, secure evidence relating to the subject matter and the scope of the control, at the time of the examination of the opposition. Documents, information, samples of articles, and other media of information shall be protected if they are or may be evidence in the course of the checks.

(9) The control authority shall, within three working days of the day on which the opposition is received, examine the opposition and shall issue a provision for:

1. derogating from the control activities;

2) continue with the control.

10. To the provision referred to in paragraph 1. 9, the trader shall be entitled to a complaint within 3 days from the date of receipt of the order. The complaint shall be settled by order no later than 7 days from the date of the lodging of the complaint.

11. In the case of the issue of the provision referred to in paragraph. The control authority may continue the control activities from the date on which the undertaking was served and, in the event of a complaint, from the date on which the undertaking concerned was served, the decision referred to in paragraph 1 (a) of the decision. 10.

12. Unpatching of opposition within the period referred to in paragraph. 9, is equivalent to the issuance by the competent authority of the provision referred to in paragraph 1. 9 point 1.

13. Unpatching of the complaint within the period referred to in paragraph. 10, is equivalent to the issuance by the competent authority of an order which recognizes the validity of the complaint lodged.

14. The attitude referred to in paragraph 1 8, shall lapse by virtue of the Act on the day following the date of service of the trader of the provision referred to in the paragraph. 9, and in the case referred to in paragraph. 12, on the day following the date of expiry of the time limit for consideration of the opposition, subject to the paragraph. 15.

15. In the case of a complaint by the entrepreneur of complaint, the order referred to in paragraph 1 shall be made. 8, expires on the day following the date of service of the trader the provisions referred to in paragraph 1. 10, and in the case referred to in paragraph. 13, on the day following the date of expiry of the period for consideration of the complaint.

16. The proceedings referred to in paragraph. 9 and 10, the provisions of the Code of Administrative Procedure shall apply to the non-regulated extent.

Art. 84d. [ Exclusion of the possibility of opposition] The lodging of an objection shall not be admissible when the authority carries out a check, citing the provisions of Article 1. 79 par. 2 points 2, art. 80 par. 2 points 2, art. 82 ust. 1 point 2, art. 83 (1) 2 (2) and (2) 84a.

Chapter 6

Branches and representations of foreign entrepreneurs

Article 85. [ Branches of foreign entrepreneurs] 1. For the pursuit of business activity in the territory of the Republic of Poland, foreign entrepreneurs may, on a reciprocal basis, unless ratified international agreements provide otherwise, create branches established in the territory of The Republic of Poland, hereinafter referred to as 'branch offices'.

2. For the creation of branches by foreign entrepreneurs from the Member States of the European Union, the countries of the European Economic Area not belonging to the European Union and the countries not parties to the agreement on the European Union Economic operators who may exercise their freedom of establishment on the basis of agreements concluded by those countries with the European Community and its Member States, Article 4 (1) (a) of the EC Treaty 13 (1) 1 shall apply mutatis mutandis.

Article 86. [ Execution of activities on the subject matter of foreign entrepreneur's activities] A foreign entrepreneur creating a branch may perform an economic activity exclusively in the field of the subject of the foreign entrepreneur's business.

Article 87. [ Establishment of a person authorized in the branch to represent a foreign entrepreneur] A foreign entrepreneur forming a branch is obliged to establish a person authorized in the branch to represent a foreign entrepreneur.

Article 88. [ Branch entry to the business register] A foreign entrepreneur can start operations within the branch after obtaining a branch entry in the business register. The rules of entry in the register of entrepreneurs determine the provisions of a separate law.

Article 89. [ Obligations of foreign entrepreneur in terms of registration] Irrespective of the obligations laid down in the provisions of the National Court Register, foreign entrepreneur is obliged:

1) provide the name and address in the territory of the Republic of Poland of the person authorized in the branch to represent the foreign entrepreneur;

2. attach a notarized attestation of the person's signature as referred to in point 1;

3) if acting on the basis of a founding act, an agreement or a statute-submit their copies to the branch records of the branch together with an authenticated translation into the Polish language; in the case when the foreign entrepreneur created in the territory The Republic of Poland has more than one branch, the submission of such documents may take place in the file of one of the branches, except that in the records of the other branches it is necessary to indicate the branch in which the documents were submitted, together with the the mark of the court in which the file is located and the branch number in the register;

4) if there is or performs the activity on the basis of the entry in the register-file a copy of the copy of the register with this register together with an authenticated translation into Polish; in case the foreign entrepreneur created in the territory The Republic of Poland has more than one branch, the submission of such documents may take place in the file of one of the branches, except that in the records of the other branches it is necessary to indicate the branch in which the documents were submitted, together with the the mark of the court in which the file is located and the branch number in the register.

Article 90. [ Obligations of foreign entrepreneur] A foreign entrepreneur who has established a branch shall be obliged:

1) use to mark the branch of the original name of the foreign entrepreneur together with the translated into Polish the name of the entrepreneur's legal form and the addition of the words "branch in Poland";

2) conduct a separate accounting for the branch in the Polish language in accordance with the accounting regulations;

3) report to the Minister responsible for the economic affairs any changes in the factual and legal situation as regards the circumstances referred to in Article 91 (1) 1 point 2, within 14 days from the date of their occurrence.

Article 91. [ Prohibition of economic activities carried out by foreign entrepreneur within the branch] 1. The minister responsible for economic affairs shall issue a decision to ban the economic activity of a foreign entrepreneur within the branch, in the event that:

1) the branch grossly violates Polish law or does not exercise the obligation referred to in art. 90 point 3;

2) the winding-up of a foreign entrepreneur who has formed a branch has been opened, or the trader has lost the right to pursue his business;

3) the activity of a foreign entrepreneur threatens the security or defence of the state, the security of classified information about the classification of "confidential" or the higher or other important public interest.

2. In the case of the decision referred to in the paragraph. 1, the Minister responsible for the economy shall notify the person referred to in Article 89 point 1, of the obligation to initiate the winding-up proceedings of a branch within a given time limit, which shall not be less than 30 days. Copy of the decision referred to in paragraph 1. 1, the Minister shall send to the competent registered court.

Article 92. [ Liquidation of the branch] For the liquidation of the following branch:

1) the decision to prohibit the exercise of economic activity by a foreign entrepreneur within the branch, issued by the minister competent for economic affairs,

2) the decision of the foreign entrepreneur to liquidate the branch

-the provisions of the Commercial Companies Code on the liquidation of a limited liability company shall apply accordingly.

Article 93. [ Representation based on the territory of the Republic of Poland] Foreign entrepreneurs may form representation offices located in the territory of the Republic of Poland, hereinafter referred to as "representations".

Article 94. [ Delegations ' action range] The scope of the representation may include only the conduct of advertising activities and the promotion of a foreign entrepreneur.

Article 95. [ Representation of the foreign person set up to promote the economy of the country of its seat] 1. The representation may also create foreign persons, appointed by the act of the competent authority of the country of their establishment, to promote the economy of the country, with the fact that the scope of action of such representation may include only promotion and advertising the economy of the country.

2. To the representation referred to in paragraph 2. 1, the provisions of this Chapter shall apply mutatis mutandis.

Article 96. [ Foreign Entrepreneurial Representation Register] 1. The creation of the representation requires an entry in the register of representations of foreign entrepreneurs, hereinafter referred to as the "register of representations", kept by the Minister responsible for the affairs of the economy.

1a. Establishment of a representation by a foreign bank or a credit institution within the meaning of the Act of 29 August 1997. -Bank law does not require an entry in the register of representations.

2. The entry in the register of representations shall be made on the basis of the application submitted and in accordance with its contents.

Article 97. [ Content of the request for entry] 1. The application referred to in art. 96 (1) 2, drawn up in Polish, contains:

1) the name, seat and legal form of the foreign entrepreneur;

2) the subject of the economic activity of the foreign entrepreneur;

3) the name, surname and address of the stay in the territory of the Republic of Poland of the person authorized in representation to represent the foreign entrepreneur;

4) the address of the headquarters of the representative office in the territory of the Republic of Poland, in which the originals of documents related to the activities of the representation are stored.

2. The application shall be accompanied by:

1) an official copy of the document confirming the registration of a foreign entrepreneur, on the basis of which the entrepreneur performs an economic activity;

2) an authenticated officially copy of the document specifying the address of the registered office of the foreign entrepreneur, the principle of representation of the foreign entrepreneur and the indication of the persons entitled to his representation, if the document referred to in point 1, no contain the necessary information in this regard;

3) an authenticated copy of the document entitling the foreign entrepreneur to use the premises or real estate for the head office of the representative office.

2a. If the application contains a formal deficiency, the Minister responsible for the economy shall invite the applicant to complete his application within a period of not less than 7 days. The time limit laid down in order to supplement the application, on a reasoned request from the applicant submitted before the expiry of that period, may be extended. Failure to remedy the formal deficiencies within the prescribed period shall result in the application being left unrecognisable.

3. The documents referred to in paragraph. 2, drawn up in a foreign language, shall be submitted together with a translation into Polish, drawn up and certified by a sworn translator or checked and certified by a sworn translator performing the profession of a sworn translator at the conditions laid down in the Act of 25 November 2004. with the profession of the sworn translator (Dz. U. of 2015 items 487), or by a sworn translator established in the territory of one of the countries referred to in art. 13 (1) 1.

4. Included in the application for entry in the register of representations of the document referred to in paragraph. Article 2 (1) should be certified by an apostille if the foreign entrepreneur operates in the territory of a State party to the Convention abolishing the requirement for the legalisation of foreign official documents, drawn up in The Hague on 5 October 1961. (Dz. U. of 2005 No. 112, item. 938), or by legalization, if the foreign entrepreneur operates in the territory of a State which is not a party to that Convention.

5. An apostille's attestation or legalization is not required if the international agreement, which is bound by the Republic of Poland, abolises or simplified the legalization or relieved the legalization of documents in matters falling within the scope of those agreements.

Article 98. [ Endorsement of an alert] 1. The declaration of representation in the register of representative offices shall be issued by the office of a certificate. The certificate shall contain the data referred to in Article 4. 97 ust. 1, and the number of the entry in the register of representations and the date of entry.

2. The Register of Delegations shall be public.

Article 99. [ Refusal to register] 1. The Minister responsible for the economy shall refuse, by means of a decision, an entry in the register of representations if:

(1) the establishment of a representative would endanger the security or defence of the State or the security of classified information with a 'confidential' classification or a higher or other important public interest;

2) the request referred to in art. 96 (1) 2, relates to activities outside the scope of Article 4 (2). 94 and Art. 95 (1) 1.

2. Refusal of entry for the reasons referred to in paragraph. 1 point 1, does not require actual justification.

Article 100. [ Obligations of the economic operator of the representative] A foreign entrepreneur who has established a representative shall be obliged:

1) use to denote the representation of the original name of the foreign entrepreneur together with the translated into Polish the name of the entrepreneur's legal form and the addition of the words "representation in Poland";

2) lead to the Delegations separate accounting in the Polish language in accordance with the accounting regulations;

3. to report to the Minister responsible for the economy any changes in the facts and in law in respect of the data referred to in Article 3 (2) of the EC 97, as well as the start of liquidation of the foreign entrepreneur and its completion, as well as the loss by the entrepreneur of a foreign right to perform business activity or dispose of its assets, within 14 days from the day of occurrence those events; the provisions of Article 4 shall apply mutatis mutandis to the notification of amendments. 97.

Article 101. [ Prohibition of the conduct of activities by foreign entrepreneur within the representation] 1. The Minister responsible for economic affairs shall issue a decision on the prohibition of the performance of the activity by a foreign entrepreneur within the representation, where:

1) grossly violate Polish law or does not exercise the obligation referred to in art. 100 point 3;

2) the liquidation of the foreign entrepreneur who created the representation has been opened, or the trader has lost the right to perform his business;

3) the activity of a foreign entrepreneur threatens the security or defence of the state, the security of classified information about the classification of "confidential" or the higher or other important public interest.

2. The provision of the Delegation shall apply mutatis mutandis. 91 (1) 2 and the provisions of the Commercial Companies Code on the liquidation of a limited liability company.

Article 102. [ Termination of the liquidation of the foreign entrepreneur's representation] 1. At the conclusion of the liquidation of the representation, the foreign entrepreneur shall be obliged to notify the Minister responsible for the affairs of the economy within 14 days, counting from the date of termination of the liquidation.

2. Upon completion of the liquidation of the representative office, the Minister responsible for economic affairs shall, by decision, draw a representative from the register of delegations.

Art. 102a. [ Exemption of application of the law] To Delegations created by a foreign bank or a credit institution, within the meaning of the Act of 29 August 1997. -Banking law, art regulations. 100 pt. 3, art. 101 (1) 1 and Art. 102 does not apply.

Chapter 7

Micro-entrepreneurs, small and medium-sized entrepreneurs

Article 103. [ Microentrepreneurs, Mali and Medium entrepreneurs] The State creates, with due regard for the principles of equality and competition, favourable conditions for the functioning and development of micro-entrepreneurs, small and medium-sized entrepreneurs, in particular by:

1) to initiate legal changes conducive to the development of micro-entrepreneurs, small and medium-sized entrepreneurs, including access to finance coming from loans and loans and credit guarantees;

2) supporting institutions enabling the financing of economic activities on convenient terms in the framework of the executed government programmes;

3) levelling of the conditions for the pursuit of economic activities on the grounds of public charges;

4) facilitating access to information, training and advice;

5) supporting institutions and organizations acting in favour of entrepreneurs;

6) promoting cooperation of micro-entrepreneurs, small and medium-sized entrepreneurs with other Polish and foreign entrepreneurs.

Article 104. [ Microentrepreneur] A micro-entrepreneur shall be regarded as an entrepreneur who, in at least one of the last two financial years:

1) employed a semi-annual average of less than 10 employees, and

2) has achieved an annual net turnover on the sale of goods, goods and services and financial operations not exceeding the equivalent in zlotys 2 million euros, or the sum of assets of its balance sheet drawn up at the end of one of those years have not exceeded the equivalent of EUR 2 million.

Article 105. [ Small Entrepreneur] A small entrepreneur is considered to be an entrepreneur who in at least one of the last two financial years:

1) employed a semi-annual less than 50 employees, and

2) achieved an annual net turnover from the sale of goods, goods and services and financial operations not exceeding the equivalent in gold of 10 million euros, or the sum of assets of its balance sheet drawn up at the end of one of those years did not exceed the equivalent of EUR 10 million.

Article 106. [ Medium Entrepreneur] An entrepreneur who in at least one of the last two financial years shall be regarded as an entrepreneur:

1) employed a semi-annual average of less than 250 employees and

2) has achieved an annual net turnover on the sale of goods, goods and services and financial operations not exceeding the equivalent in gold of 50 million euros, or the sum of assets of its balance sheet drawn up at the end of one of those years have not exceeded the equivalent of EUR 43 million.

Article 107. [ Accounting of volumes expressed in euro] Expressed in euro of the volumes referred to in Article 104-106, shall be converted into gold according to the average rate announced by the National Bank of Poland on the last day of the financial year chosen to determine the entrepreneur's status.

Article 108. (repealed)

Article 109. [ Calculation of diameterical employment] 1. Average annual employment shall be determined on a full-time basis.

2. In the calculation of the average annual employment, no account shall be taken of the staff present on maternity leave, maternity leave, paternity leave, parental leave and parental leave, and be employed in order to prepare a professional.

3. In the case of an entrepreneur running for less than a year, his expected net turnover from the sale of goods, products and services and financial operations, as well as average annual employment is estimated on the basis of data for the last period, documented by the entrepreneur.

4. (repealed)

Article 110. [ Public Aid] (1) An applicant for public aid shall make a statement to the aid authority that it meets the conditions laid down in Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008. recognising certain types of aid compatible with the common market in application of the Article 87 and 88 of the Treaty (General Block Exemption Regulation) (Dz. Urz. EU L 214 of 09.08.2008, str. 3).

2. The statement shall take the form of a written statement, unless the separate provisions provide otherwise.

3. The provisions of the paragraph. 1 and 2 shall not prejudice the powers of the granting authority to control the facts of the trader.

4. Expressions in euro of the quantities referred to in Annex I to the Regulation referred to in paragraph 4 shall be expressed in euro. 1, shall be converted into gold according to the average rate announced by the National Bank of Poland on the last day of the financial year chosen to determine the entrepreneur's status.

Chapter 8

Final provision

Article 111. [ Entry into force] The Act shall enter into force within the time limits and under the rules laid down in the Act-The provisions introducing the Act on the freedom of economic activity.

[ 1] Amendment of Article 22a (b) 3 resulting from the Art. 1 point 3 of the Act of 25 September 2015. amending the Act on the freedom of economic activity and certain other laws (Journal of Laws item. 1893) was not applied to the text on account of its objectivity.

[ 2] Currently, the Act of 14 December 2012. o waste (Journal of Laws of 2013 items 21, with late. ism.) on the basis of art. 203 of this Act, which entered into force on 23 January 2013.

[ 3] Article 84aa, as amended by Article 3 (2), 20 of the Act of 10 June 2016. amending the Act on medical activity and certain other laws (Journal of Laws of the 960). The amendment came into force on 15 July 2016.