Recent changes to EU implementing regulations have led to a change in the so-called tariff and statistical nomenclature, which is to come into force on 1 January 2025. The most significant change indicates that the previously used CN code for diesel fuel without added biocomponents, 2710 19 43, will be changed to 2710 19 44. The new code will cover both B0 for driving and heating purposes.
The new content of EU regulations also indicates that the hydrotreated/co-hydrogenated vegetable oil – HVO – currently available on the Polish market will be marked with the new CN code 2710 19 42.
Work is also currently underway on amending the regulation of the Minister of State Assets of 27 November 2019 specifying a detailed list of liquid fuels whose production, storage or transhipment, transmission or distribution, trade, including trade with foreign countries, requires a license and whose import requires entry in the register of importing entities .
It is expected that the amendment to this regulation will also enter into force on 1 January 2025.
Pursuant to the new provisions and existing regulations of the Energy Law, entrepreneurs who own diesel oil or diesel oil for heating purposes with code 2710 19 43 in the scope of liquid fuels should submit an application for a change of the license within 30 days from the date of entry into force of the above-mentioned amendment to the regulation of the Minister of State Assets.
The basic template of the application for a change of the license in terms of changing the CN code of diesel fuel will be made available on the website of the Energy Regulatory Office after 1 January 2025. It is expected that there will be no need to attach any attachments or pay a fee.
Submitting an application within the prescribed deadline will authorize entrepreneurs to conduct business activities in the field of liquid fuels under the existing conditions until the application is considered.
Information about submitted applications will be published on the website rejestry.ure.gov.pl. Applications will be marked in the Case Type with the abbreviation "license change (*1)".
Failure to submit the application by the deadline will prevent you from trading in B0 diesel fuel, including for heating purposes. The B0 license will expire 30 days after the new regulation on the list of liquid fuels comes into force.
The changes will similarly apply to entities listed in the register of importing entities.
Entities with more complex fuel activities, in particular those planning or engaged in HVO trading, should consider a more extensive verification of their licensing situation and the need to submit a full application for a license amendment, which will be excluded from the simplified amendment application template described above.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of December 18, 2024
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