Prawne regulacje systemu monitorowania i kontroli jakości paliw w kontekście wybranych zagadnień kontroli działalności gospodarczej przedsiębiorców

Abstrakt

This article discusses the legal basis and main assumptions of the liquid fuels quality monitoring system that is in force in the member states of the European Community. The system of monitoring and scrutinizing of the quality of liquid fuels and biofuels has been in operation in Poland since 1 May 2004. The system was created mainly to enable Poland to meet the obligations resulting from its membership in the European Union – Directive 98/70/EC and amended by Directive 2003/17/EC. The liquid fuel quality monitoring and scrutinizing system in Poland was divided into two parts: the European part and the national part. This article is the subject of a legal principles for control of entrepreneurs in the light of the freedom of business activity act and fuel quality scrutiny regulations (both European and national part). Provisions of the Act on the freedom of business activity, as amended, lay down strict rules for the carrying out of a control of the entrepreneur’s activity by public administration bodies. Fuel quality monitoring plays a significant role in the Office of Competition and Consumer Protection and Trade Inspection’s operations. For these authorities the control tasks include: carrying out inspections; taking and handing over the samples for testing, which are performed by the laboratories with accreditation certificates issued by the Polish Centre for Accreditation; preparing quality results analyses. In a more detailed way, article presents the evolution of legal regulations in Poland related to the monitoring and control of fuels quality from the accession to the European Union until 2013 and main objectives of the bill. Moreover, the author presents his own analysis of the control on the quality of liquid fuels and notes there are different changes between general principles of control and fuel quality control: some of them introduce new process institutions, others modify solutions that have to date been applied, while others define unclear law provisions. Most of the changes bring a serious interpretation doubts and it must be assumed that in practice new solutions will cause troubles especially for supervision bodies.