Professional support in the process of obtaining liquid fuel trading licence (OPC) before the Polish Energy Regulatory Office (ERO) 

The RPMS team provides professional assistance and advice in obtaining liquid fuel trading concessions. Conducting proceedings before the Energy Regulatory Office (ERO) is not a simple matter – especially for someone unfamiliar with the formal aspects of such a process. Additional documents and explanations are almost always required, deficiencies in the application are regularly supplemented, and the whole proceeding is highly formalised. Without the help of a law firm, applying for a license can be extremely time-consuming, problematic and engaging.

We will help you save time spent on the OPC licence proceedings, reducing their duration to as little as 2 months. 

  1. Our services include the careful preparation of all the necessary documentation and drafting of the application for the licence to trade in liquid fuels (OPC). 
  2. We assist entities that are planning to lease or purchase a fuel station – we analyse whether it meets the formal ERO requirements. 
  3. Not only do we offer support in the drafting of the application, we also assist in the supplementation of deficiencies in already submitted documents relating to the OPC licence, and the drafting of responses to subpoenas. 
  4. We guarantee a comprehensive service – from the establishment of special purpose vehicles, to their implementation, and ongoing legal support in business operations.

Services provided by The RPMS Legal Office in the field of liquid fuel trading licence (OPC) 

  • Analysis of the probability of obtaining the licence – indication whether the petrol station meets the conditions set out by the ERO. 
  • Drafting an application for a licence to trade in liquid fuels (OPC). 
  • Direct assistance in obtaining required application annexes, such as certificates and permits, and in preparing other necessary documents. 
  • Support in obtaining a license change to trade in liquid fuels. 
  • Client representation via a professional attorney before the Energy Regulatory Office. The service includes direct contact between the Energy Regulatory Office and our attorneys, whose task is to supplement the application with the documentation, required by the Office, and clarify any queries.

LICENCE TO TRADE IN LIQUID FUELS (OPC) – WHAT IS WORTH KNOWING ABOUT THIS TOPIC? 

Each person who intends to conduct business activity related to trading in liquid fuels has to obtain a relevant licence. This obligation is regulated by the Energy Law and the Freedom of Business Activity Act. 

How does the Polish law define liquid fuels? According to the Regulation of the Minister of Energy of December 15, 2016, they are listed in a specially prepared register. All liquid fuels listed in the document require an OPC license, both for domestic and foreign trade, production, transshipment, storage and distribution. Their import also requires entry in the register of importers (Journal of Laws, item 2039). 

WHAT DOES A LICENCE TO TRADE IN LIQUID FUELS (OPC) ENTITLE YOU TO? 

It enables retail and wholesale trade of liquid fuels within the territory of Poland. It is granted for a fixed period of time – a minimum of 10 years however not exceeding 50 years (situations where the applicant themselves wishes to obtain a shorter term concession, are an exception). Business activity in this scope can be conducted only between those entrepreneurs who obtained the licence (with the exception of the end user, i.e. a customer at a petrol station buying fuel for private use). 

Note: In accordance to Article 601 of the Act of 20 May 1971 – of the Misdemeanors Code, conducting business activity without the required licence is punishable by a fine or restriction of freedom.

HOW TO OBTAIN AN OPC LICENCE? 

By submitting an application to the Energy Regulatory Office. The President of the Energy Regulatory Office examines the application and issues an appropriate decision on issuing the licence to trade in liquid fuels (OPC). When preparing the application it is advisable to use the services of specialists who will provide legal support both in drafting the letter, and in subsequent completion of documentation deficiencies along with legal representation at each stage of the proceedings. 

HOW LONG IS THE WAITING TIME FOR THE DECISION ON ISSUING AN OPC LICENCE? 

2 to 6 months. It depends on the complexity of the case, however, with the help of experienced lawyers this time may be reduced to 2 months. 

WHAT ARE THE OFFICIAL COSTS OF OBTAINING THE OPC LICENCE? 

The stamp duty is PLN 616. If you grant someone a power of attorney, you should add 17 PLN to this amount. 

Which liquid fuels are subject to an obligatory OPC licence? 

They are listed on the Ministry of Finance website- they are marked with the appropriate CN codes. 

  • Liquefied petroleum gas (LPG): 2711 12, 2711 13, 2711 14 00, 2711 19 00 – not including propane-butane mixtures obtained from the treatment of cereal liquids. 
  • aviation fuels: 2710 12 31 
  • fuels, such as kerosene for jet engines: 2710 19 21 
  • refinery feedstocks: 2710 12 11, 2710 12 15, 2710 19 11. 2710 19 15, 2710 19 31, 2710 19 35, 2710 19 51, 2710 19 55 
  • 3826 00 10 – excluding methyl esters as an additive for liquid fuels 
  • diesel oils: 2710 19 43, 2710 20 11 
  • engine petrols: 2710 12 25 – not including industrial and white spirit: 2710 12 41. 2710 12 45, 2710 12 49, 2710 12 51, 2710 12 59, 2710 12 90, 2207 20 00 
  • diesel oils and light heating oils: 2710 19 46, 2710 19 47, 2710 19 48, 2710 20 15, 2710 20 17, 2710 20 19 
  • heavy fuel oils: 2710 19 62, 2710 19 64, 2710 19 68, 2710 20 31, 2710 20 35, 2710 20 39, 2710 20 90 
  • liquid biofuels 
  • gasoline-type jet fuel: 2710 12 70 
  • pyrolysis gasoline: 2710 12 11, 2710 12 15 
  • Other liquid biofuels not listed above – without taking into account the CN code but excluding liquid biofuels which serve as additives to liquid fuels. 

WHAT IS THE PROCEDURE FOR GRANTING THE OPC LICENCE?

The first step is to check whether the applicant meets the formal and legal requirements. The Energy Regulatory Office also pays attention to whether the entrepreneur has sufficient material and financial resources to launch the activity. Moreover, their experience and knowledge of the industry also matters. All this influences the assessment of an applicant’s ability and capacity to sell liquid fuels. If the applicant does not have sufficient funds to begin the business activity, it will be necessary to provide collateral, e.g. in the form of a bank guarantee or a guarantee provided by a third party. 

The second step is to submit an application. This should be done at the appropriate local ERO branch. 

WHAT MUST BE INCLUDED IN THE APPLICATION FOR AN OPC LICENSE? AMONG OTHERS:

  • Business plan 
  • Description of the applicant’s business to date 
  • Description of the applicant’s planned activities 

Many other documents are submitted along with the application. Which documents will be necessary primarily depends on the individual situation of a given entrepreneur, e.g. whether they have already operated in a given industry, how they intend to conduct their business, whether they are present on a foreign market, what will be the legal form of their business activity. 

Further proceedings involve submitting additional documentation and performing explanatory actions. It is often the case that the ERO President calls on the entrepreneur to submit special letters confirming that they meet the conditions necessary to obtain an OPC licence. Obviously, submitting explanations and supplementary documents prolongs the whole process, so it is advisable to be prepared in advance, or to seek the assistance of lawyers. 

WHAT DOCUMENTS SHOULD BE ATTACHED TO THE APPLICATION FOR AN OPC CONCESSION?

When submitting the documents, there are several matters to pay attention to. First of all, some of the documents must be submitted in their original copy, e.g. information about a clean criminal record (both for the person submitting the application and for persons authorised to represent the company/management board). In addition, all submitted documents cannot be older than 3 months than the submission date to the Energy Regulatory Office.

Three basic types of documents submitted to the ERO as part of the licence proceedings can be distinguished. They concern:

  1. Technical capabilities – this includes all letters indicating that the applicant meets the technical conditions necessary for selling liquid fuels. These include a list of transportation means for transporting fuels; a description of business activity; a list of fuel types with CN codes that will be traded; decisions issued by construction supervision; declaration regarding employment of qualified personnel; or even a description of water and sewage management at the petrol station.

  2. Organisational and formal-legal conditions – these include, among others, the NIP number certificate/signature from the National Court Register; information about the applicant’s clean criminal record; list of entities having influence on the entrepreneur; declaration that the entrepreneur is not under liquidation or declared bankrupt; document confirming being a registered VAT taxpayer.

  3. Financial means to conduct business – their purpose is to confirm that the applicant either has financial means to conduct business or can obtain them. This type of documentation includes e.g. bank guarantees, guarantee agreements and insurance guarantees; financial statements for the last 3 years; a declaration confirming the entrepreneur’s turnover, creditworthiness and payment capacity; a certificate from the Social Insurance Institution and the Tax Office stating that there are no outstanding debts.
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RPMS Law Office
Staniszewski & Partners

Mickiewcza st 22/8
Poznań 60-836