Legal Alert | SENT reporting obligations for concrete deliveries

What does the draft bill entail?

Under the proposed regulations, the SENT system would cover the transport of commercial concrete, i.e. ready-mix concrete and other mixes ready to be poured, spread, installed, incorporated, or otherwise used, including in connection with deliveries to investors.

The proposed changes regarding SENT monitoring of concrete transport would apply to all categories of entities — both entrepreneurs and natural persons who do not conduct business activity to whom concrete is delivered. 

In the case of entrepreneurs, the draft act states that where a contract provides for the delivery of concrete in an amount exceeding 100 m³, the entire contract may be reported in the SENT system. 
Reporting obligations under the SENT system would apply to sending entities, receiving entities, and carriers. The scope of obligations varies depending on which entity submits the notification.

Obligations of entrepreneurs

The basic SENT obligations include:

• submitting a transport notification to the SENT system via the PUESC platform,
• providing the SENT reference number,
• updating data in the system,
• completion of the notification by the carrier,
• GPS monitoring along the transport route,
• closing the SENT notification after delivery of the goods.

Importantly, the draft regulations provide for administrative penalties, including for failure to supplement the notification with data confirming receipt of the delivered goods.  

As a rule, the new regulations are expected to enter into force after a period of three months from the date of publication in the Journal of Laws. The draft has currently been submitted to the lower house of the Polish Parliament (Polish Sejm) for further legislative work.