The government adopted a bill on the cryptoactive market (No. from the list – UC2). The Council of Ministers included this project in deregulation, but in practice, however, it is about regulating the cryptocurrency market and implementing changes adopted at the European Union level (two regulations of the Parliament and the EU Council – 2023/1113 and 2023/1114, i.e. the MICA regulation). The project is an extensive regulation (169 articles, 86 pages of justification), expected for a long time. The deadline for the implementation of the MICA regulation was on December 30, 2024.
The project assumes that the Polish Financial Supervision Authority will have supervision over this market. It will be equipped with various types of wide competences that will allow her to effectively exercise this supervision, ensure that irregularities do not appear on this market and to eliminate them. As the Ministry of Finance (author of the project) declares, it is essentially about ensuring the security of cryptoctives trading, including primarily clients, the protection of the state and investors.
According to the project, the PFS will be able to significantly affect the activities of token issuers, cryptocurrency exchange and even cryptocurrency owners.
For example, The Commission will be able to order the holder of the cryptoacate holder to limit the size of open positions in cryptoctives or exposure to cryptoaches, if it considers that it is necessary to ensure the proper functioning of the cryptoactic market or safety of trading on this market (Article 100 of the project). The holder will be threatened with harsh financial sanctions for failure to comply with the PFSA order – maximum PLN 2.25 million for a cryptoacate owner who is a natural person, and if the holder is a legal person – PLN 5 million.
The project also provides that The head of the Polish Financial Supervision Authority will be able to block the cryptocurrency and bank account for 96 hours (Article 66 of the project.)
We informed about it in Business Insider in the article: Do you have cryptocurrencies? The government is planning to lock accounts. The expert says how to avoid her.
In addition, according to the project, the Commission, among others She will collect information from token issuers, will be able to order the transmission of a given cryptoactive, e.g. on the crypto exchange or completely exclude trading in a given cryptoactic. The Commission will also carry out inspections of entities providing cryptoactic services, as well as impose sanctions, including financial ones. The Commission will also be able to withdraw a permission to operate in the field of crypto.
KNF will also be able to, among others Happy and suspend public offers of tokens related to assets or tokens that are e -money.
The Commission will also be able to block a website offering cryptoacts, and on its website KNF will publish messages with information for users about blocking access to a given website and its causes.
The act is to enter into force 14 days from the date of publication.
Entrepreneurs will get a credit decision faster?
The Council of Ministers also adopted a draft amendment to the Act on the Social Insurance System (No. from the list – Uder56). He assumes that banks, financial, credit and loan institutions will be able to obtain the data of an entrepreneur with a contribution payer at the Social Insurance Institution (ZUS). The idea is to accelerate the decision, e.g. on granting a bank loan. Currently, in order to obtain information about the settlement balance on the contribution payer's account and the number of reported persons for insurance at ZUS for credit evaluation, you must apply with the appropriate application and wait for a response. The project assumes that if the entrepreneur agreed, the bank and other institutions will be able to get the entrepreneur's data directly from ZUS. Thanks to this, the waiting period, e.g. for a credit decision, will be shortened.
The amendment is to enter into force on the first day of the month after 12 months from the date of publication in the Journal of Laws.
What changes in the Civil Code will be
Today, the government also adopted a draft amendment to the Civil Code (list no.
It assumes a slight change for the parties to the construction works agreement. It is about shortening the deadline for submitting an objection to the subcontractor. Currently art. 647a parish 2 of the Civil Code imposes on the investor the obligation to object to the subcontractor within 30 days of the conclusion of the contract. Therefore, the deadline cannot be shortened. The project assumes such a possibility, provided that the deadline is clearly specified in the contract.
The project also provides that the deadline for submitting an objection specified in the contract with the subcontractor will not be able to be shorter than the deadline specified in the contract concluded between the investor and the contractor (general contractor).
The change is to come into force after 14 days from the date of publication in the Journal of Laws.
What changes in the excise duties included in the price of diesel in farmers
The government also adopted a draft amendment to the Act on the return of excise duty contained in the price of diesel oil used for agricultural production (No. from the list – Uder38).
It is about simplifying the procedure for applying for a refund of excise duty in relation to cattle, pigs, sheep, goats and horses, in the case of agricultural producer conducting agricultural productionwhich at the same time is entitled to a refund of a part of the excise tax contained in the price of fuel purchased for this production on the area of at least 1 ha of agricultural land.
Currently, the agricultural producer must attach to the application for a refund of excise duty issued by the head of the Poviat Office of the Agency for Restructuring and Modernization of Agriculture (after submitting the application for this document) containing information on the number of large conversion units of cattle, sheep, goats or horses and the number of pigs.
The project assumes that the agricultural producer will be able to independently generate from the computer database of the Agency for Restructuring and Modernization of Agriculture (ARMA) a document containing information on the number of large cenaging units of cattle, sheep, goats or horses and the number of pigs in its possession.
The amendment is to enter into force 14 days from the date of publication in the Journal of Laws.
Which will change in proceedings before administrative courts
The Council of Ministers has also today adopted a draft amendment to the law on proceedings before administrative courts (list no.
The project assumes:
– the abolition of the obligation to submit a document confirming the authorization to act on behalf of the party to the proceedings (or a certified copy of the authorization) in a situation where the court's declaration is possible on the basis of a list or other register to which the court has access electronically;
– Introduction of the institutions of the so -called “Friend of the Court”. The point is that the court in a situation of significant doubts can ask the social organization or public administration body to present an important view for the matter. Currently, on the basis of a “friend of the court”, the Supreme Administrative Court allows, as a participant, e.g. proceedings regarding the issue of a resolution, a representative of the Ministry of Finance. The project involves regulating this issue in the regulations;
– Connection of matters for the purpose of their combination. The court would be able to combine several separate cases regarding the same decision to recognize them together and even settle together. This would be possible provided that this does not cause excessive extension of the proceedings in the case. It is about improving proceedings pending before administrative courts in particularly complex cases, in which many complaints about the same decision were submitted to the court;
– reimbursement ex officio of the court entry in the event of taking into account each complaint against the decision of the Court of First Instance. Currently, the applicant may receive a refund of an entry only if the first instance court issues a decision regarding punishment, the applicant shall lodge a complaint against this decision and it will be taken into account. According to the project, such a rule would relate to all cases in which the complaint was included. As the Ministry of Justice justifies, a citizen should not be exposed to additional costs caused by the issuing of a defective decision by the Court of First Instance.
The act is to enter into force 14 days from the date of publication in the Journal of Laws.
