Administracyjne kary pieniężne związane z wprowadzaniem do obrotu nielegalnie pozyskanego drewna i produktów z drewna

Abstract

The legislator imposes a number of obligations on Member States to combat the illegal harvest of timber resulting from Regulations No. 2173/2005 and 995/2010. Member States should ensure that effective, proportionate and dissuasive sanctions are applied for infringement of the provisions of this Regulation, including by entities, traders and monitoring organizations. The rules of liability for infringement of the provisions of EU regulations No. 2173/2005 and 995/2010 are regulated by the the Forest Act in Art. 66a-66i. As a rule, the Polish legislator has complied the obligation to introduce sanctions for infringements of the UE regulations to prevent the marketing of illegally harvested timber and timber products. The measures introduced as a administrative sanctions can be assessed as sufficient in the context of effectiveness features, because they are applicable to administrative enforcement and may be treated as public law fees. From the proportionality point of view, certain legal conditions for determining the amount of penalties, such as the value of timber and timber products in the light of the Article 66f 2 of the Forest Act, are too vague, because they have no reference criterion. The legislator may impose a specific criterion for evaluation, eg. in relation to the level of income achieved.