LEGAL BASIS FOR FUNCTIONING OF THE POINTS OF SINGLE CONTACT
Under the Services Directive (Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, OJ L 376, 27.12.2006) each country of the European Union was obliged to set up a Point of Single Contact.
The implementation of the Services Directive requires from the Member States to take various legislative and regulatory measures, i.e. organisational or practical measures. The Directive is a horizontal instrument which covers a wide range of different services, likely to affect a significant number of national laws and regulations. As it is apparent from the interpretation of the provisions of the Services Directive and the recommendation of the European Commission Points of Single Contact — PSC shall ensure that it is possible for service providers to complete all procedures and formalities necessary to take up and exercise a service activity. The PSCs are comprehensive institutional entities from the point of view of service providers so that they do not need to contact several competent authorities or bodies to collect all necessary information and to carry out all necessary steps relating to their service activities.
Member States are free to decide how to organise the PSC in their own territory. Single points of contact may be in electronic form only, and not to create specific physical infrastructure where service providers would go to or decide to create both electronic and physical contact points.
A contact point has been put in place in Poland as amended by Article 46 paragraph 11 of the Act of 4 March 2010 on the provision of services in the territory of the Republic of Poland (Journal of Laws No. 47, item 278), which entered into force on 10 April 2010. The Polish contact point is governed by the provisions of the Act of 2 July 2004 on freedom of economic activity in Chapter 2a (Journal of Laws 10.220.1447, consolidated text).
1. The Minister responsible for economic affairs operates a point of contact.
2. The task of contact point is:
1. to enable the completion of procedures connected with performance and termination of economic activities on the territory of the Republic of Poland;;
2. the provision of the information referred to in Article 22b and Article 22d.
3. Point of single contact enables electronic submission to the competent authorities of applications, statements or notifications necessary for undertaking, conduct and termination of economic activity and the recognition of professional qualifications.
4. Contact point does not advise in individual cases.
5. Contact point is carried out via a website called „website of contact point".
6. The transmission of data between the contact point and the competent authorities takes place via the electronic platform of public administration services or electronic boxes of competent authorities or other electronic systems allowing access to court registers.
1. Point of contact ensures access to information on:
1. the procedures and formalities required for undertaking, exercising or termination of economic activity in the territory of the Republic of Poland;
2. general conditions for the provision of services in the countries referred to in Article 13(1), in particular in the field of consumer protection;
3. contact details of the competent authorities, indicating the scope of their competence;
4. means of and conditions for accessing public registers and public databases on economic activities and entrepreneurs;
5. the legal remedies available in the event of dispute between the competent authorities and an entrepreneur or a consumer, between entrepreneur and consumer and between entrepreneurs;
6. issued or drawn up by the competent authorities explanations with regard to the provisions relating to the taking-up, the exercise and termination of an economic activity;
7. contact details of associations or organisations which could be of practical assistance to entrepreneurs or consumers.
8. the rights and obligations of employees and employers.
2. The competent authorities shall ensure the completeness and timeliness of the information referred to in paragraph 1, points 1-6 and 8.
3. The information referred to in paragraph 1 shall be provided in a clear and exhaustive way.
4. The data referred to in paragraph 1 point 7 shall be given on the website of the contact point at the request of associations and organisations.
1. The competent authorities enable via the contact point to execute cases relating to taking up, exercising and termination of economic activity, excluding appeal procedures.
2. The contact point shall forward the documents to the competent authorities without delay and no later than the next working day after its receipt.
3. The competent authorities shall adopt in electronic form all the documents submitted to the contact point referred to in Article 22a(3). In such a case, the deadline for handling the case by the competent authority shall begin on the working day following the day of receipt of application to the contact point.
4. The competent authority shall immediately and no later than within 7 working days reply to applications for information as referred to in Article 22b(1). In cases requiring the consultation of other competent authorities, this period may be extended to 14 working days. If the application is erroneous, unfounded or contains deficiencies, the competent authority shall without delay inform the applicant.
5. The provision of paragraph 1 shall not apply to the inspection of premises, equipment, physical examination of possibilities for the exercise of an economic activity by an entrepreneur.
6. The competent authority cannot guarantee the integrity of an entrepreneur and his/her employees.
1. In order to facilitate obtaining information about the rules governing the provision of services outside the territory of the Republic of Poland, contact point via the website shall provide information on the addresses of the contact points websites in other countries.
2. The information and material made available via the webiste of contact point may be developed and made available also in other languages than Polish.
Where the provisions in force grant rights or impose obligations in relation to an economic activity, the competent authorities are obliged to ensure that it is possible to exercise those rights or obligations via electronic communications.
The Council of Ministers may lay down, by way of a Regulation, detailed arrangements for cooperation between competent authorities to the extent necessary to carry out the tasks of a contact point, having regard to the tasks of the contact point specified in the Act, and the need for appropriate data and information flows between them.Share Print