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New regulations on coal trading - clarifications for traders

< previous | next > 18.05.2022

New regulations on coal trading - clarifications for traders
  • As of 16 April 2022, importing coal from Russia and Belarus into Poland is banned.
  • The law has also introduced new obligations for all traders selling coal, regardless of its country of origin.
  • Do you trade in coal? Read the new regulations and answers to frequently asked questions (in Polish).

One of the sanctions imposed on Russia and Belarus for starting the war is a ban on the import of coal from these countries. In Poland, it was introduced by the Act on special solutions to counteract supporting aggression against Ukraine and to protect national security which came into force on 16 April. It also imposes new obligations on all entities trading in coal in Poland, including the need to indicate the country of origin of coal for each transaction. In response to questions most frequently asked by traders, we have published clarifications of regulations and answers to frequently asked questions (in Polish) at uokik.gov.pl – we encourage you to read them.

What does the ban entail?

The ban applies to the import (direct import, transit and import from other countries) of coal originating in Russia or Belarus marked by specific customs codes (including briquettes, coke, semi-coke) into Poland. It is effective from 16 April 2022.

Trade in Russian or Belarusian coal is possible, but only if the coal in question entered Poland before 16 April 2022 and provided that the trader has the documents to prove it. When selling such coal, the trader must indicate where the coal comes from and when it was imported into Poland.

New obligations for traders

The Act has also introduced new obligations for all traders selling coal, regardless of its country of origin, including mines, coal depots, wholesalers, and shops. This is to facilitate monitoring compliance with the ban.

Entities importing or moving coal in Poland must have documents confirming: its country of origin, the date of its import or movement and, in the case of coal from Ukraine, the region in which it was mined. Each trader selling coal is, inter alia, obliged to draw up and submit such information to buyers in the form of a declaration. Both documents and declarations must be stored for 5 years.

Who enforces the regulations?

The National Tax Administration (KAS) is responsible for enforcing the ban on the import and movement of coal from Russia and Belarus in Poland. The KAS authorities may impose a fine of up to PLN 20 million, as well as seize the goods and apply for their forfeiture. Meanwhile the Trade Inspection, supervised by the President of UOKiK, controls whether and how traders selling coal in Poland comply with new obligations related to documenting its origin. Non-compliance is punishable by sanctions, e.g. the provincial inspector of the Trade Inspection may impose a fine of up to PLN 10 million.

Additional information for the media:

UOKiK Press Office
Pl. Powstańców Warszawy 1, 00-950 Warszawa, Poland
Phone +48 695 902 088, +48 22 55 60 246
E-mail: [SCODE]Yml1cm9wcmFzb3dlQHVva2lrLmdvdi5wbA==[ECODE]
Twitter: @UOKiKgovPL

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