ENTREPRENEURSHIP IN POLAND

Transcription

ENTREPRENEURSHIP IN POLAND
Warsaw, September 2014
Entrepreneurship in Poland
The mission of the Ministry of Economy is to create the best conditions for business
activity in Europe.
Elaborated by:
Ministry of Economy
Strategy and Analyses Department
in cooperation with:
Innovation and Industry Department, Support Instruments Department, Economic Regulation
Improvement Department
TABLE OF CONTENTS
INTRODUCTION ....................................................................................................................................................... 5
SYNTHESIS .............................................................................................................................................................. 6
RECOMMENDATIONS .............................................................................................................................................. 9
1.
MACROECONOMIC SITUATION OF POLAND IN 2013.................................................................................... 19
1.1
1.2
1.3
1.4
1.5
1.6
1.7
2.
ECONOMIC GROWTH AND ITS FACTORS ....................................................................................................... 20
INVESTMENT .......................................................................................................................................... 22
FOREIGN TRADE AND EXCHANGE RATE........................................................................................................ 23
LABOUR MARKET .................................................................................................................................... 26
LABOUR COSTS ...................................................................................................................................... 29
PUBLIC FINANCE..................................................................................................................................... 33
INFLATION AND MONETARY POLICY ............................................................................................................. 35
CHARACTERISTICS OF POLISH ENTERPRISES ........................................................................................... 38
2.1
2.2
2.3
2.4
2.5
NUMBER AND STRUCTURE OF POLISH ENTERPRISES ...................................................................................... 38
ECONOMIC AND FINANCIAL SITUATION OF ENTERPRISES ................................................................................. 39
ANALYSIS OF THE MICROENTERPRISES SECTOR COMPARED TO OTHER ENTERPRISES IN 2012 ..................................... 42
INNOVATIVENESS OF POLISH ENTERPRISES ................................................................................................. 43
QUALITY MANAGEMENT............................................................................................................................ 54
3. INSTITUTIONAL ENVIRONMENT OF ENTERPRISES............................................................................................ 56
3.1
3.2.
3.3
3.4
3.5
3.6
3.7
REGULATORY ENVIRONMENT .................................................................................................................... 56
FUNCTIONING OF THE JUDICIARY ............................................................................................................... 75
FINANCING BUSINESS ACTIVITY.................................................................................................................. 80
INSTITUTIONS SUPPORTING SMES ........................................................................................................... 119
INFRASTRUCTURAL DETERMINANTS OF ENTREPRENEURSHIP DEVELOPMENT ..................................................... 121
COLLABORATION OF ENTERPRISES WITHIN THE SPECIAL ECONOMIC ZONES AND CLUSTERS ................................ 130
BARRIERS TO CONDUCTING BUSINESS ACTIVITIES ACCORDING TO ENTREPRENEURS .......................................... 134
4. INTERNATIONAL COMPETITIVENESS RANKINGS – POSITION OF POLAND..................................................... 138
CONCLUSIONS .................................................................................................................................................... 142
ANNEX I ............................................................................................................................................................... 145
ANNEX II: IMPLEMENTATION OF SMALL BUSINESS ACT IN POLAND IN 2013 ..................................................... 153
INTRODUCTION
The first edition of the Entrepreneurship in Poland report was elaborated in 2003. Since then, the
report prepared by the Ministry of Economy in cooperation with selected institutions (Ministry of Labour
and Social Policy, Ministry of Finance, Ministry of Justice, Ministry of Infrastructure and Development) is
published every year. The aim of the publication is to introduce the topic of entrepreneurship as one of
the fundamental phenomena describing the Polish socio-economic reality. The definition of the term
covers, above all, a tendency to undertake and develop one’s own business activity. Therefore, it
constitutes a key area from the perspective of development of the economy, which has been driven by
the energy and effort of domestic entrepreneurs for the last 25 years.
The scale of positive transformations in the economy, which have occurred during that period thanks to
the entrepreneurship of citizens, is reflected, inter alia, in the data concerning changes in ownership. As
soon as during the first five years of the transformation – as a result of an unprecedented development
of small businesses – the share of private sector entities in the number of entities of national economy
reached 98%. Quantitative changes were accompanied by deep structural and qualitative
transformations observed in the Polish economy. Visible displays of the foregoing include a 25-fold
increase in exports over the last twenty years.
It would not be possible without the liberation of the Polish entrepreneurial spirit, which manifests in a
range of attitudes, from creativity, ability to think in a long-term perspective and ability to identify market
trends, to non-avoidance of risk – in the best sense of the word. These features materialise later in the
output of the business sector and of the entire economy.
The report presents, against a background of the macroeconomic situation in the country, the
institutional environment of the activity of enterprises, taking the changes which have occurred from the
release of the previous report into consideration. Furthermore, the publication contains basic information
concerning economic and financial results of business entities, their size structure, as well as innovative
activities of companies. Moreover, the document presents a proposal of actions favouring the
development of entrepreneurship, although most of them are of continuous nature. In view of the
advanced stage of work on operational programmes for the years 2014-2020, the subject of planned
support for the entrepreneurs in the new perspective is discussed a little bit more broadly.
What is more, the this year’s version of the report is complemented with information regarding the
implementation of the Small Business Act in Poland included in Annex II.
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SYNTHESIS
Despite the ongoing weak economic situation in euro area countries, in 2013 Poland recorded an
economic growth of 1.6%, which was one of the highest in Europe. The main motor for growth was
foreign demand, while the internal demand had a neutral impact on the GDP growth.
Chart 1. Demand decomposition of the GDP growth
%
GDP
Collective consumption
Exports
Individual consumption
Gross expenditure on fixed assets
29
25
21
17
13
9
5
1
-3
-7
-11
-15
Q1 Q1 Q1 Q1 Q1 Q1 Q1 Q1 Q1 Q1 Q1 Q1 Q1 Q1 Q1 Q1 Q1 Q1 Q1
1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Source: A study of the DSA MG1 on the basis of the Central Statistical Office (GUS) data
According to the GUS data, the export of goods from Poland in 2013 increased by 8% (i.e. by over EUR
11.5 billion), reaching the value of EUR 155 billion. As far as import is concerned, it amounted to EUR
157 billion and was 1.9% (i.e. by over EUR 2.9 billion) higher than in 2012. The results translated into a
significant reduction in the goods trade deficit – of EUR 8.6 billion, to the level of EUR 2 billion. In 2013,
the ratio of trade in goods and services to the GDP was to 93.6%, which means it improved by 0.2 pp
compared to 2012 and by as much as 36 pp compared to the year 2001. It confirms the considerable
and systematically increasing role of foreign trade for the development of the Polish economy.
The investment demand growing throughout the year 2013 constitutes a proof of improvement in the
economic situation of enterprises. Nevertheless, an increase in private investment did not compensate
for a decrease in general government investment. As a result, despite the fact that the year 2013 was
characterised by a slow revival in investment of companies, throughout the year a reduction of total
investment was recorded.
1
Strategy and Analyses Department of the Ministry of Economy [Departament Strategii i Analiz Ministerstwa Gospodarki]
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In 2013, negative trends in the labour market were not overcome, although in the second half of the
year an improvement was observed. The employment rate determining the share of working population
aged 20-64 in the total population in this age group was 64.9% (an increase of 0.2 pp). The
unemployment rate (LFS) amounted to 10.2%, although it dropped to 10.0% in the final quarter of 2013.
According to the statistics concerning registered unemployment, at the end of 2013 2,158 thous. (1%
more than a year before) persons were registered in employment offices, and the registered
unemployment rate reached – like in 2012 – 13.4%. The tax wedge on an average salary amounted to
35.6% and was higher by 0.1 pp compared to 2012, which means it was slightly below the OECD
average (35.9%).
In 2013, the share of expenditure legally determined in the state budget slightly decreased, but its level
was still quite high (74.4%), restricting the government’s ability to shape the state budget deficit. As for
the latter parameter, in increased in the last year from 1.9% to 2.6% of the GDP.
In 2013, nominal revenues in companies employing more than 9 persons were higher by 0.6%
compared to the previous year. Costs grew slower (an increase of 0.5% YOY) than revenues. As a
consequence, the gross financial result increased by 4.1%, reaching the level of PLN 134 billion.
However, it is still less than in the year 2011, when the result was PLN 141 billion.
Chart 2. Dynamics of revenues, gross financial
in enterprises employing more than 9 persons.
result
and
investment
outlays
130
120
110
100
90
Revenues from total activity
Gross finanncial result
Total investment outlays
80
70
2008
2009
2010
2011
2012
2013
Source: A study of the DSA MG on the basis of the INSIGOS database
The number of new entities registered in the REGON system amounted to 365 thousand, which was 2%
more than a year before. Natural persons conducting economic activity constituted the largest group
among the newly established entities (80% of their total number). However, particular attention shall be
paid to a considerable growth – of 124% – in the number of newly registered companies. According to
the latest available data (for 2012), the number of actively operating companies slightly increased YOY
– up to the level of 1.79 million. Microenterprises constantly constitute 96% of operating business
entities.
Recent years have been a period of growth in R&D expenditure in Poland, both in absolute terms in
current prices and in relation to the GDP. In 2012, the expenditure grew by 23% – from PLN 11.69
billion in 2011 to PLN 14.35 billion – reaching the level of 0.9% of the GDP. Nevertheless, the ratio was
still low compared to the EU-28 average, which in 2012 amounted to (2.07%). A relatively low level of
innovativeness in Poland is reflected by the position of our country in the Innovation Union Scoreboard.
Although, after having fallen in 2013, Poland returned in this year’s ranking from the group of the least
innovative countries to the group of moderate innovators, it is still the lower level of the classification.
According to the authors of the ranking, the main weaknesses of our economy, which are not
compensated for by increasing corporate R&D expenditure, include: low patent activity or low tendency
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of enterprises to cooperate with both other enterprises as well as science, to elaborate their own
innovations and to commercialise them.
Since the publication of the last Entrepreneurship in Poland report, activities aimed at making it easier to
conduct business activity have been continued. In April 2014, the Sejm adopted the Act on
Standardisation of Certain Specimens of Documents in Administrative Procedures. It allows to submit
on-line applications within the framework of over 64 administrative procedures. It introduces specimens
of documents which are uniform across the country and refer principally to the issuance of permits,
introduction of entries to registers and issuance of certificates.
In May 2014, the Sejm adopted the Act on Facilitating Access to Practise Certain Regulated
Professions. It was already the second tranche of deregulation facilitating the access to 91 professions.
Work on the third tranche of deregulation of professions has already begun. The draft Act on Amending
Acts Regulating the Conditions of Access to Certain Professions adopted by the Council of Ministers in
March this year is currently at the stage of parliamentary work.
In June 2014, the Council of Ministers adopted the draft Act on Facilitating Business Activity. The main
assumptions of the draft act include reducing disclosure requirements, increasing the competitiveness
of Polish sea ports and cargo handling terminals, improving and making it easier for enterprises to
conduct trans-border trade, supporting the entrepreneurs’ investments and facilitating procedures
related to excise tax.
The facilitating changes which have been conducted in recent years result in an improvement of the
position of Poland in certain international competitiveness rankings. In the World Bank’s latest Doing
Business report (2014), in terms of the ease of doing business Poland once again advanced – this time
by 3 positions – and occupied the 45th place among 189 states. The most considerable progress was
recorded in such fields as: dealing with construction permits, registering property and starting business
activity. The biggest deterioration compared to the previous edition of the report was noted in the area
of paying taxes, although the said area was rated much better than in 2010.
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RECOMMENDATIONS
For four years, the primary instrument for the coordination of economic policy in the European Union
has been the “Europe 2020” strategy, adopted by the European Council on 17 June 2010. The basic
instrument for implementing the strategy at the level of Member States are still National Reform
Programmes. The Polish National Reform Programme for the implementation of the “Europe 2020”
strategy (NRP) has been adopted by the Council of Ministers on 26 April 2011 and assumes a
correlation of Polish development goals with priorities specified in the “Europe 2020” strategy, i.e.
− development of the knowledge and innovation-based economy (smart growth);
− promotion of sustainable economy, which is less burdensome for the environment, uses
resources more effectively and, at the same time, remains competitive (sustainable growth);
− reinforcement the economy characterised by high level of employment and securing economic,
social and territorial cohesion (inclusive growth).
In the NRP, Poland declared that in 2020 it will achieve: employment rate of 71% among people aged
20-64, 1.7% share of R&D expenditure in the GDP and 45% of persons with higher education among
those aged 30-34.
The coordination of economic policy in the EU and implementation of the “Europe 2020” strategy take
place within the European Semester, formally implemented at the beginning of 2011. The Annual
Growth Survey 2014 (AGS 2014), published by the European Commission on 13 November 2013,
launched the fourth consecutive cycle of the European Semester.
In accordance with the rhythm of the European Semester, on 22 April 2014, the Council of Ministers
adopted a document entitled National Reform Programme for the implementation of the “Europe 2020”
strategy. Update 2014/2015” (NRP 2014/2015). It is already the third annual update of the NRP adopted
in 2011. Taking into account the current macroeconomic situation, forecasts and the economic priorities
specified by the government as well as the recommendations for Poland issued by the Council of the
European Union on 9 July 2013, the NRP 2014/2015 point towards the most significant measures which
translate into the implementation of the domestic objectives of the “Europe 2020” strategy in the field of
employment, innovation, energy, education and counteracting poverty.
After the EC had conducted an evaluation of the NRP 2014/2015 and after the Convergence
Programme had been updated, it was stated that Poland had made some progress in terms of the
implementation of 2013 recommendations.2 In particular, the EC has emphasised the improvement of
the situation in the area of public finance, since autumn 2013, due to economic growth at a level higher
than anticipated and substantial progress made by Poland towards reinforcing the budgetary framework
by adopting a stabilising (permanent) expenditure rule and ameliorating the coordination between
different levels of central and local government institutions. According to the EC, the Government also
launched reforms aimed at improving the effectiveness of tax administration and the observance of tax
law. As a result of this assessment, the EC decided to suspend (but not waive) the excessive deficit
procedure with respect to Poland until the achievement of the medium-term budgetary objective, while
2 On 2 June 2014, the European Commission announced a communication entitled “2014 European Semester: CountrySpecific Recommendations. Stimulating Economic Growth” COM(2014) 400, which was accompanied by draft opinions and
recommendations of the Council for individual Member States concerning the update of National Reform Programmes and
the Stability or Convergence Programmes presented by these states in April 2014. Draft recommendations were then
examined by the formations of the Council of the EU (ECOFIN and EPSCO). Following their political acceptance by the
European Council on 27 June 2014, the recommendations were formally adopted by the ECOFIN Council on 8 July this year,
in accordance with the Treaty on the Functioning of the European Union.
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issuing at the same time a recommendation to strive to achieve the annual adjustment of the structural
balance at the level of 0.5% of the GDP.
The EC also found that actions aimed at solving the problem of youth unemployment as well as raising
the professional activity rate of women and increasing the employment opportunities of older employees
were progressing in the right direction. The EC noted substantial progress in the implementation of an
ambitious reform facilitating access to regulated professions as well as progress regarding an
improvement in the business environment. However, the EC pointed out that no progress had been
made in combating labour market segmentation and that no actions had been undertaken in order to
reform pension systems for farmers and miners. The progress in the field of the improvement of
generation capacities in the energy sector, energy efficiency as well as development of railway and
broadband communication infrastructure is also limited. That is the reason why most recommendations
concerning necessary structural reforms were sustained and reinforced in particular with regard to
actions aimed at increasing the number of adults benefiting from lifelong learning, including farmers in
the general pension system, accelerating the construction of energy interconnections with neighbouring
countries, as well as improving the effectiveness of tax incentive scheme for the R&D sector.
In Poland, like in Europe, small and medium enterprises play a key role and, thus, providing them with
optimal functioning and development opportunities constitutes one of priorities of the Polish economic
policy. The main strategic document at the EU level determining the SME policy framework is the
Communication “Think Small First. A Small Business Act for Europe COM(2008) 394” containing a
proposal of a coherent strategy towards small and medium enterprises, expressed in the form of specific
actions conducted both at the community level and in particular Member States.
Implementation of actions in priority areas specified in the SBA is monitored in particular Member States
on the basis of annually elaborated fact sheets. The monitoring constitutes a foundation for assessment
and exchange of good practices between Member States in the field of competitiveness policy.
However, it has to be highlighted that the only objective of fact sheets is to make it easier to understand
the latest trends and national policies influencing SMEs; they are not a formal evaluation of policies of
Member States. As it is emphasised in the latest Fact Sheet Poland report of 2013, the Polish economy
is still experiencing consequences of the 2008-2009 crisis, but Polish companies from the SME sector
should manage to obtain financial results similar to those recorded before the crisis. As far as the 2013
business demography is concerned, the image is positive – although numerous companies exit the
market, many new enterprises enter the market. In the period from the third quarter of 2011 to the third
quarter of 2012, their number increased by over 75%. Although the number of deregistered enterprises
also significantly increased, the net effect was positive – approx. 20 thous. new enterprises. New
companies had most trouble with obtaining access to capital: bank loans, venture capital or private
equity. Polish actions related to SBA are slightly below the EU average, but a significant amelioration
may be observed in such fields as entrepreneurship and efficient administration, which constitutes a
result of elimination of many administrative burdens for new enterprises and decrease in enterprise
registration costs.
In order to reinforce the monitoring of progress in terms of conduct of actions falling within the scope of
the Small Business Act programme in Poland, in 2013 monitoring of activities undertaken in particular
priority areas has begun, in accordance with recommendations of the EC. The results of the monitoring
are included in Annex II of the report.
While implementing provisions of the SBA (the second priority area), the Ministry of Economy
elaborated a draft document entitled New Chance Policy (NCP), which – as a development programme
– refers in a comprehensive way to the problem of crisis management in enterprises, matters related to
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the liquidation of enterprises, as well as support for relaunching business activity, the so-called new
start. Proposed solutions are dedicated to owners of companies exposed to difficulties at various stages
of running business activity. In addition, the system will cover support for those entrepreneurs who
intend to re-launch their business. In 2013, the draft document was the subject of extensive interministry and public consultations. Provisions of the document accepted by the Council of Ministers on
22 July 2014 authorise public entities to undertake specific actions within the framework of the new
chance policy.
On 15 January 2013, the government adopted the Strategy for Innovativeness and Efficiency of the
Economy – “Dynamic Poland 2020” (SIEE). It specifies lines for actions that should be conducted for the
Polish economy to become, in the 2020 perspective, innovative and resource-efficient. The 2020
Enterprise Development Programme (EDP) adopted by the Council of Ministers on 8 April 2014
constitutes an implementation programme for the aforementioned Strategy. The programme is a
proposal of a support system for enterprises in Poland, focused primarily on their innovativeness.
Instruments specified in the Programme focus on the establishment of a more business-friendly
environment, the reinforcement of various forms of financing R&D and innovations increasing the quality
of human capital for innovativeness, strengthening the cooperation between entrepreneurs and science
as well as between entrepreneurs themselves, e-commerce and sustainable development. The EDP
concentrates, above all, on small and medium enterprises. Due to its wide scope, the Programme goes
beyond the framework of new operational programmes for the years 2014-2020 and will be financed
both from the state budget as well as EU funds. An integral part of the EDP is the document entitled
National Smart Specialisation (NSS). The aim of the document is to set economic priorities in the area
of research, development and innovativeness (R&D&I) as well as to focus investments on the areas
which ensure the growth of value added of the economy and its competitiveness on foreign markets.
National smart specialisations will be used as the basis when providing support (the so-called ex-ante
condition) under the financial perspective for the 2014-2020 period, mainly as part of the Smart Growth
Operational Programme (SG OP).
Entrepreneurs and representatives of business environment institutions, industry chambers, as well as
universities and science institutes all were of key importance for setting the priorities in the R&D&I area
specified in the NSS. While conducting actions, the Ministry of Economy followed the rule that the
objective of the so-called entrepreneurial process of discovery is to comprise bottom-up actions and
initiatives which will foster smart growth and optimal use of resources, in particular those which would
actively involve the private sector in carrying out and financing research and innovation.
The following recommendations for the development of entrepreneurship were elaborated based on the
content of the aforementioned strategic and programme documents, as well as considering the situation
of enterprises diagnosed in this report.
Recommended actions for the development of entrepreneurship in Poland:
I. Horizontal measures aimed at ensuring entrepreneurship-friendly regulatory and institutional
environment, with particular attention paid to the think small first principle
1) Further elimination or change of regulations imposing excessive administrative, financial and
reporting burdens – conducted on the basis of systematic revision of law – together with social
partners and based on results of measurements of administrative burdens.
2) Simplification or establishment of transparency of the tax system through, inter alia,
rationalisation of tax relieves, limitation of the number of regulations concerning VAT and their
simplification.
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3) Development of an evidence-based and stable legislative governance process through, inter
alia, development of the Impact Assessment system, improvement of the process of public
consultations and effective implementation of the community law.
4) Further actions aimed to improve the functioning of the commercial judiciary by, among other
things, making it possible to fully use modern technological solutions in proceedings before courts
and popularising arbitration in the settlement of commercial disputes.
5) Prevention of bankruptcy of enterprises, as well as introduction and conduct of the “new chance”
policy by means of, inter alia, using early warning systems to prevent the occurrence of crisis
situations in enterprises, facilitating the relaunch of business activity – the so-called new start, as
well as amending bankruptcy and reorganisation law.
6) Increase in the effectiveness of use of the assets of the State Treasury and enhancement of
the transparency of rules for the functioning of public property in the economy through, inter alia,
implementing privatisation processes (also with the participation of employees or local government
units), improving the supervision over State-owned companies.
7) Strengthening of the socio-economic dialogue and increase in the activity of civil society
institutions achieved by means of ensuring partnership relations between the administration
and citizens, entrepreneurs and socio-economic partners.
8) Creation of a common platform for action aimed to materialise the concept of sustainable growth.
9) Reduction of costs of establishing and transforming enterprises.
10) Creation of conditions for the development of enterprises by means of adopting operational
programmes within the framework of the 2014-2020 financial perspective that would meet their
needs.
II. Measures favouring an increase in business investment, market expansion and improvement
in the efficiency of enterprises:
1) Facilitation of enterprises’ access to capital at all development stages, in particular as far as
venture capital and SME sector are concerned, e.g. by means of consolidation of the functioning
of loan and surety funds, development of non-grant support initiatives, promotion of sources for
financing activities alternative to bank credit, development of venture capital financing system.
2) Creation of conditions for access of SME sector enterprises to state aid.
3) Simplification of procedures for leveraging EU funds, with concurrent focus on sustainability of
projects and conformity with priorities of the socio-economic growth of the country and regions.
4) Popularisation of and support for the development of Public-Private Partnership (PPP), including
simplification of regulations regarding implementation of projects.
5) Creation of a comprehensive and coherent system for the promotion of the Polish economy that
would use available human and financial resources in an optimal manner to support the operation of
Polish entrepreneurs abroad, to attract foreign investment to Poland, as well as to help in the further
development of high-quality information services related to export and investment outside the
Republic of Poland.
6) Extension of the range of instruments supporting the activities of entrepreneurs aimed at the
development of export activity, adjusted to the stage of a development of the enterprise and to its
profile.
7) Continuation – within the framework of the EU common commercial policy – of actions aimed at
opening foreign markets to Polish products through the provision of useful information
concerning the markets to Polish entrepreneurs, elimination of tariff and non-tariff barriers, as well
as access to public procurement systems in third countries.
8) Creation of conditions for the growth of sustainable production and consumption as well as
sustainable industrial policy by means of, inter alia, promotion of sustainable public procurement
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or support for the development and implementation of technological and non-technological
innovations favouring sustainable growth, including environmental technologies, ICT, environmental
management systems.
9) Continuation of actions aimed to increase the energy efficiency of the economy, including
regulations regarding support mechanisms and leading to the achievement of measurable energy
savings.
10) Measures to increase the use of energy from renewable energy sources – having regard to the
development of SMEs, based on the economic calculation, and to the development of new
industries, as well as the creation of new and permanent jobs, including the use of locally available
RES resources.
11) Development of new technologies of coal use through measures aimed at promoting research
and development related to the use of coal for the production of liquid and gaseous fuels.
12) Promotion of nuclear power as positively affecting the competitiveness of the Polish economy and
Polish enterprises, including SMEs, due to the significant impact on the increase of energy safety,
positive impact on electricity prices, as well as the scale, complexity and size of investments.
13) Promotion of “business & biodiversity” entrepreneurship, in particular in areas at risk of
peripherality.
III. Encouraging innovativeness among entrepreneurs:
1) Measures aimed at a more effective use of public funds for the financing of R&D&I, in particular
at increasing competitive (project-based) financing, using government contracts implemented, inter
alia, in the Public-Private Partnership formula, and improving the effectiveness of entity financing.
2) Simplification, establishment of coherence and transparency of the system of government levies,
taking needs of an effective and innovative economy into consideration.
3) Coordination of the science and innovation policy at the central level as well as consolidation of
the horizontal and interdisciplinary approach to the question of knowledge-based economy.
4) Strengthening of the innovation policy at the regional level by means of, inter alia, abandoning
the implementation (subject to the use of EU funds) approach to the innovation policy in favour of a
comprehensive view of the formation of innovation and transfer of technology in the region.
5) Formation of pro-innovation attitudes among entrepreneurs, in particular those from the SME
sector, e.g. through educational programmes and initiatives aimed at the creation of a proinnovative organisational culture – based on appropriate procedural flexibility, including skills such
as the ability to cooperate and digital competences.
6) Rationalisation of the tax incentive scheme supporting the conduct of R&D&I activity –
inefficient regulations should be replaced with an uncomplicated incentive scheme for enterprises
taking the risk related to R&D activity and implementation of new technologies.
7) Measures favouring market development: venture capital, business angels' network and seed
capital funds, in particular with regard to investment in innovative companies at an early stage of
development (seed and start-up).
8) Support for the development and promotion of the idea of creating clusters, technology platforms
and other cooperative relations between entrepreneurs, and between enterprises and scientific
institutions, aimed at the implementation of innovative projects.
9) Popularisation of intellectual property culture among entrepreneurs and support for the protection
of industrial property.
10) Development of the culture of academic innovative entrepreneurship by means of, inter alia,
strengthening the curriculum offer of universities with modules devoted to entrepreneurship,
innovation and commercialisation of technologies, as well as by involving experienced practitioners
in the process of supporting the academic entrepreneurship.
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11) Support for the mobility of scientists and economy personnel consisting in the promotion of
professional practice in enterprises (including SMEs) for scientific staff and engagement of
practitioners in research projects and educational process.
12) Support for the development of human resources for an innovative and effective economy
through, among other things, engagement of the business environment in the lifelong learning
system, promotion and development of vocational education and training, improvement of
management skills of entrepreneurs, especially in the SME sector.
13) Stimulation of innovation by means of promoting the use of information and communication
technologies (ICT) and investment in these technologies.
14) Development of a modern and coherent system for the transfer of technology and
commercialisation of knowledge, as well as its systematic improvement.
15) Popularisation of advanced forms of international cooperation between Polish entrepreneurs
and their foreign partners, dissemination of experience and cooperation patterns.
16) Development of space industry in Poland, including support for the participation of Polish
enterprises in programmes of the European Space Agency.
IV. Other measures favouring the development of entrepreneurship and promotion of business
change management:
1) Improvement in the quality of operation of the business supporting institutions system in order to
guarantee high quality of business services (e.g. raising qualifications of personnel, enhancing
cooperation between centres associated within business supporting institutions’ networks).
2) Further actions aimed to improve the functioning of the Polish administration through the
implementation of systems ensuring appropriate quality of provided services and systematic
personnel training.
3) Further restriction of discretion in the issuance of administrative decisions.
4) Promotion of strategic management in enterprises, with particular emphasis on ling-term
formalised development plans.
5) Promotion of corporate social responsibility, especially in the SME sector.
6) Reinforcement of pro-environmental attitudes, e.g. by means of promotion of ISO 14001 and
EMAS environmental management systems and of certified eco-labels.
7) Support for initiatives aimed at strengthening cooperation between entrepreneurs, which leads
to more effective management, including the promotion of the role of collaboration, networks and
informal alliances.
8) Introduction of basic knowledge in the field of finance, accounting and economics to the curricula in
upper-secondary schools.
9) Popularisation of the idea of social economy and creation of conditions favouring the development
of social enterprises.
Due to their long-term nature, the foregoing recommendations overlap to a considerable extent with
postulates presented in the last year’s edition of the Entrepreneurship in Poland report. Subsequent
pages present tables illustrating the general state of implementation of recommendations of 2013.
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I. Horizontal measures aimed at ensuring entrepreneurship-friendly regulatory and institutional environment, with
particular attention paid to the ‘think small first’ principle:
1) Further elimination or change of regulations imposing excessive administrative, financial and reporting burdens
2) Simplification or establishment of transparency of the tax system through, inter alia, rationalisation of tax relieves,
limitation of the number of regulations concerning VAT and their simplification.
3) Development of an evidence-based and stable legislative governance process through, inter alia, development of
the Impact Assessment system, improvement of the process of public consultations and effective implementation
of the community law.
4) Further actions aimed at improving the functioning of the commercial judiciary by, among other things, making it
possible to fully use modern technological solutions in proceedings before courts and popularising arbitration in
the settlement of commercial disputes.
5) Prevention of bankruptcy of enterprises, as well as introduction and conduct of the “second chance” policy by
means of, inter alia, using early warning systems to prevent the occurrence of crisis situations in enterprises, as
well as amending bankruptcy and reorganisation law.
6) Increase in the effectiveness of use of the assets of the State Treasury and enhancement of the transparency of
rules for the functioning of public property in the economy through, inter alia, implementing privatisation
processes, improving the supervision over State-owned companies.
7) Strengthening of the socio-economic dialogue and increase in the activity of civil society institutions achieved by
means of ensuring partnership relations between the administration and citizens, entrepreneurs and socioeconomic partners.
8) Creation of a common platform for action aimed to materialise the concept of sustainable growth.
9) Reduction of costs of establishing and transforming enterprises.
10) Creation of conditions for the development of enterprises by means of adopting operational programmes within
the framework of the new financial perspective that would meet their needs.
RECOMMENDATIONS OF 2013
Implemented
in a large part
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Under
implementation
x
x
x
No progress in
implementation
STATE OF IMPLEMENTATION AS OF 31.07.2014
Table 1. General state of implementation of recommendations provided in the last year’s edition of the report
New
measures/instrum
ents planned
Continuous
work/long-term
nature
16
II. Measures favouring an increase in business investment, market expansion and improvement in the efficiency of
enterprises:
1) Facilitation of enterprises’ access to capital at all development stages, in particular as far as venture capital and
the SME sector are concerned,
2) Creation of conditions for a reasonable access of SME sector enterprises to state aid.
3) Simplification of procedures for leveraging EU funds, with concurrent focus on sustainability of projects and
conformity with priorities of the socio-economic growth of the country and regions.
4) Popularisation of and support for the development of Public-Private Partnership (PPP), including simplification of
regulations regarding implementation of projects.
5) Creation of a comprehensive and coherent system for the promotion of the Polish economy that would use
available human and financial resources in an optimal manner to support the operation of Polish entrepreneurs
abroad, to attract foreign investment to Poland, as well as to help in the further development of high-quality
information services.
6) Extension of the range of instruments supporting the activities of entrepreneurs aimed at the development of
export activity, adjusted to the stage of a development of the enterprise and to its profile.
7) Continuation – within the framework of the EU common commercial policy – of actions aimed at opening foreign
markets to Polish products through the provision of useful information concerning the markets to Polish
entrepreneurs, elimination of tariff and non-tariff barriers, as well as access to public procurement systems in third
countries.
8) Creation of conditions for the growth of sustainable production and consumption as well as sustainable industrial
policy by means of, inter alia, promotion of sustainable public procurement or support for the development and
implementation of technological and non-technological innovations favouring sustainable growth.
9) Continuation of actions aimed to increase the energy efficiency of the economy, including regulations regarding
support mechanisms and leading to the achievement of measurable energy savings.
10) Measures to increase the use of energy from renewable energy sources – having regard to the development of
SMEs, based on the economic calculation, and to the development of new industries, as well as the creation of
new and permanent jobs, including the use of locally available RES resources.
11) Development of new technologies of coal use through measures aimed at promoting research and development
related to the use of coal for the production of liquid and gaseous fuels.
12) Promotion of nuclear power as positively affecting the competitiveness of the Polish economy and Polish
enterprises, including SMEs, due to the significant impact on the increase of energy safety, positive impact on
electricity prices, as well as the scale, complexity and size of investments.
13) Promotion of “business & biodiversity” entrepreneurship, in particular in areas at risk of peripherality.
III. Encouraging innovativeness among entrepreneurs:
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
17
2) Simplification, establishment of coherence and transparency of the system of government levies, taking needs of
an effective and innovative economy into consideration.
3) Coordination of the science and innovation policy at the central level as well as consolidation of the horizontal and
interdisciplinary approach to the question of knowledge-based economy.
4) Strengthening of the innovation policy at the regional level by means of, inter alia, abandoning the implementation
(subject to the use of EU funds) approach to the innovation policy in favour of a comprehensive view of the
formation of innovation and transfer of technology in the region.
5) Formation of pro-innovation attitudes among entrepreneurs, in particular those from the SME sector, e.g. through
educational programmes and initiatives aimed at the creation of a pro-innovative organisational culture.
6) Rationalisation of the tax incentive scheme supporting the conduct of R&D&I activity – inefficient regulations
should be replaced with an uncomplicated incentive scheme for enterprises taking the risk related to R&D activity
and implementation of new technologies.
7) Measures favouring the development of the Private Equity – Venture Capital market, in particular with regard to
investment in innovative companies at an early stage of development (seed and start-up).
8) Support for the development and promotion of the idea of creating clusters, technology platforms and other
cooperative relations between entrepreneurs, and between enterprises and scientific institutions, aimed at the
implementation of innovative projects.
9) Popularisation of intellectual property culture among entrepreneurs and support for the protection of industrial
property.
10) Development of the culture of academic innovative entrepreneurship by means of, inter alia, strengthening the
curriculum offer of universities with modules devoted to entrepreneurship, innovation and commercialisation of
technologies, as well as by involving experienced practitioners in the process of supporting the academic
entrepreneurship.
11) Support for the mobility of scientists and economy personnel consisting in the promotion of professional practice
in enterprises (including SMEs) for scientific staff and engagement of practitioners in research projects and
educational process.
12) Support for development of human resources for an innovative and effective economy, through among others
engagement of the business environment in the lifelong learning system, promotion and development of
vocational education and training, improvement of management skills of entrepreneurs, especially in the SME
sector.
13) Stimulation of innovation by means of promoting the use of information and communication technologies (ICT)
and investment in these technologies.
1) Measures aimed at a more effective expenditure of public funds for the financing of R&D&I, in particular at
increasing competitive (project-based) financing and improving the effectiveness of entity financing.
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
18
14) Development of modern and coherent system for the transfer of technology and commercialisation of knowledge,
as well as its systematic improvement.
15) Popularisation of advanced forms of international cooperation between Polish entrepreneurs and their foreign
partners, dissemination of experience and cooperation patterns.
16) Stimulation of internationalisation of innovation centres, in the field of knowledge and exchange of skills, transfer
of know-how and technology, as well as activity in international markets.
IV. Other measures favouring the development of entrepreneurship:
1) Development of the business supporting institutions system in order to guarantee high quality of business services
(e.g. raising qualifications of personnel, enhancing cooperation between centres associated within business
supporting institutions’ networks).
2) Further actions aimed to improve the functioning of the Polish administration through the implementation of
systems ensuring appropriate quality of provided services and systematic personnel training.
3) Further restriction of discretion in the issuance of administrative decisions.
4) Promotion of strategic management in enterprises, with particular emphasis on long-term formalised development
plans.
5) Promotion of corporate social responsibility, especially in the SME sector.
6) Reinforcement of pro-environmental attitudes by means of promotion of ISO 14001 and EMAS environmental
management systems and of certified eco-labels;
7) Support for initiatives aimed at strengthening cooperation between entrepreneurs which leads to more effective
management, including the promotion of the role of collaboration, networks and informal alliances;
8) Introduction of basic knowledge in the field of finance, accounting and economics to the curricula in schools;
9) Popularisation of the idea of social economy and creation of conditions favouring the development of social
enterprises.
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
1.
MACROECONOMIC SITUATION OF POLAND IN 2013
One of the primary factors determining the level of economic activity in 2013 was the continued
uncertainty with regard to the development of world’s main economic centres. Despite the
ongoing weak economic situation in euro area countries, Poland recorded an economic growth, which
was one of the highest in Europe. It was favoured by both high activity of local enterprises and an
increase in consumption expenditure.
Conditions in the Poland’s economic environment in 2013 caused a range of challenges for the
added value creation process in the country. Fiscal problems in the euro area in fact intensified risk
aversion, which constituted the main reason for the decreased scale of foreign direct investment inflow
to economies in our region. As for the reduction of EU imports (3/4 of the Polish exports), it was
reflected in the declining growth in foreign demand.
Another element having negative short-term impact on the Polish economy was the process of fiscal
consolidation that was taking place in the country. As a consequence, the deficit of the general
government sector amounted to 4.3% of the GDP3, exceeding the threshold of 3% of the GDP provided
for in the Maastricht Treaty. Reduction of expenditure accompanied by a search for new sources of
budgetary revenues, as well as by lower than expected tax revenues, did not favour the maintenance of
the desired level of consumer demand in the entire economy.
At the same time, actions aimed at decreasing the relation of public finance sector debt to the GDP,
together with strong economic foundations, result in Poland being perceived by financial markets and
rating agencies as a safe harbour in the region. The planned continuation of fiscal consolidation (the
credibility of which was confirmed by the suspension by the European Commission in June 2014 of the
excessive deficit procedure towards Poland) and strong foundations of the Polish economy should
result in an enhancement of positive image of Poland in the eyes of investors in the upcoming years,
which will favour an increase in the stability and sustainability of the economic growth.
Putting an end to the situation of excessive deficit, limitation of the growth of indebtedness, as
well as reduction and, afterwards, stabilisation of the structural deficit at the level of the mediumterm budgetary target are among the most important tasks of the government.
Poland is one of the countries which use, to a considerable extent, their economic
attractiveness. Due to the fact that the crisis had a limited impact on the economy, the inflow of FDI is
still significant. In the years 2004-2013, the value of foreign direct investment in Poland amounted to
nearly EUR 100 billion. According to the initial estimates of the NBP, based on the quarterly data
concerning the balance of payments, the balance of capital inflow in the form of FDI attained a negative
value: EUR -4.6 billion. The low value of FDI in Poland in the years 2012-2013 compared to the
previous years was mostly the consequence of the outflow of capital in transit (financial flows, which do
not influence employment and production) in the amount of EUR 5 billion. At the end of 2013, the
cumulative amount of equity capital and reinvested earnings amounted to EUR 130.8 billion.
According to the latest recommendations for Poland of 10 December 2013, recommended nominal targets include the
deficit of the government and local-government sector equal to 3.9% of the GDP in 2014 and 2.8% of the GDP in 2015
(excluding the impact of the transfer of assets from the pension reform).
3
19
1.1
Economic growth and its factors
After a slowdown observed in 2009 (GDP growth of 1.6%) and a visible acceleration in the years 20102011 (GDP growth of 3.9% and 4.5%), the subsequent years brought another deceleration in the
economic growth. Nevertheless, compared to other EU Member States, the economic results of our
country were very good and placed Poland among European growth leaders.
In 2013, the GDP growth of the Polish economy amounted to 1.6% The year 2013 began with an
almost stagnation in production observed in the first quarter. However, subsequent quarters indicated its
acceleration. As a consequence, the GDP growth accelerated in Q4 to 102.7 (compared to the
analogous period of the previous year). It resulted from an acceleration in consumption growth and a
gradual reconstruction of the investment demand. A driver of Poland’s economic growth in 2013
remained, however, foreign demand, which contributed to the growth at the level of 1.6 pp, while the
impact of domestic demand remained neutral.
The growing investment demand may constitute a proof of improvement in the economic situation of
enterprises. Since Q2 2013, investments were growing from quarter to quarter (compared to the
previous quarter), and the results of Q1 2014 confirm a sustained upward trend. Although in 2013
private sector investment increased, the result was not sufficient to compensate for the decline in
investment of central and local government institutions. As a consequence, despite the fact that the year
2013 was characterised by a slow revival in investment, throughout the year a reduction of total
investment in the entire economy was recorded (a decline of 0.2% YOY, which had neutral influence on
the GDP growth in the analysed period).
In particular quarters of 2013, consumer demand was also growing on an annual basis. Despite an
improvement in the annual growth rate of private consumption in the second half of the year, the growth
in the entire 2013 amounted to only 0.8%, compared to 1.3% recorded a year before, and it was the
worse result in history (i.e. from 1996). The development of consumer demand was significantly
influenced by a limited wage pressure, as well as by a low growth in consumer loans, accompanied by
an increase in the voluntary savings rate. On the other hand, optimistic signals from the labour market,
consisting in a decrease in unemployment and an increase in employment, were reflected in an
improvement of consumption rates.
Changes in the structure of domestic and foreign demand are closely related to the role played by
particular sectors of the economy in the economic growth over the years. In 2013, the service sector –
which had been dynamically growing for a couple of years – maintained its positive contribution to the
creation of value added. Following the period of economic downturn of 2009, during which the
contribution of industry to GDP formation was almost neutral, in the year 2010 the impact of that sector
on GDP growth became positive again. In 2013, the trend strengthened, although on a smaller scale.
In 2013, the construction sector was in recession. Poor results registered over subsequent months (on
an annual basis), which began to be observed in the second half of 2012, persisted in the entire 2013.
Although in the first half of the year sales of construction and assembly production decreased at a
fastest pace (annual double-digit decreases), in the second half the decline amounted to 5% on average
(except for December, when an increase of 5.8% was recorded). Low activity in the construction market
constituted an effect of a weakening demand for real estate, in the light of expectations regarding a
further decline in their prices and a low supply of mortgage loans.
Available data do not present a univocal image of an upturn in the global economy. At present, the
principal risk factor is still the fiscal imbalance in the euro area, as well as the occurrence of deflation.
20
Table 2. Decomposition of the GDP growth in the EU, Germany and Poland in the years 20012013
EU
domestic demand
external demand
Germany
domestic demand
external demand
Poland
domestic demand
external demand
2002
1.3
1.1
0.2
0.0
-1.9
1.9
1.4
1.0
0.4
2003
1.5
2.0
-0.5
-0.4
0.4
-0.9
3.9
2.9
0.9
2004
2.6
2.4
0.1
1.2
0.0
1.3
5.3
6.4
-1.0
2005
2.2
2.1
0.0
0.7
-0.2
0.9
3.6
2.5
1.1
2006
3.4
3.3
0.1
3.7
2.6
1.2
6.2
7.4
-1.1
2007
3.2
3.3
0.0
3.3
1.8
1.6
6.8
8.9
-2.0
2008
0.4
0.2
0.2
1.1
1.1
0.0
5.1
5.8
-0.6
2009
-4.5
-4.4
-0.1
-5.1
-2.2
-3.2
1.6
-1.1
2.6
2010
2.0
1.5
0.5
4.0
2.3
1.8
3.9
4.6
-0.7
2011
1.6
0.7
0.9
3.3
2.6
0.7
4.5
3.6
0.9
2012 2013
-0.4 0.1
-1.5 -0.4
1.2
0.5
0.7
0.4
-0.3 0.6
1.0 -0.2
2.0
1.6
-0.1 0.0
2.0
1.6
Source: Calculations by the DSA MG on the basis of data from Eurostat
The economic slowdown in Poland took place in a different way than the one observed in the entire EU.
The scale of decline in the pace of growth in domestic demand in 2009 in Poland was smaller.
Additionally, we noted a positive contribution of the external demand. In 2012, the so-called second
wave of the crisis was observed. However, again, it was significantly weaker in Poland. In the year
2013, Europe was slowly coming out of the crisis, although the internal demand remained low. In
Poland, in turn, a neutral influence of the domestic demand (attributable mainly to an increase in
consumption) was accompanied with a stimulating impact of the external demand. A higher growth in
exports than in imports made it possible to decrease the external imbalance.
Chart 3. Sectoral Decomposition of the GDP in the years 1996-2013
0.8
Information and communication
Financial intermediation; Business real estate services
Construction
Agriculture and fisheries
Public administration; Education; Healthcare
Retail salses; Hotels and restaurants; Transport
Industry
Value addded
0.7
0.6
0.5
0.4
0.3
0.2
0.1
0.0
-0.1
-0.2
1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
Source: A study of the DSA MG on the basis of Eurostat data
In 2013, value added in the economy was supported to the most considerable extent by the condition of
the service sector, as well as of the industry, taking into account that it represents 25% of the GDP. As
for the construction sector, it contributed negatively over the last two years, although to a smaller extent,
since both the scale of impact and the share in GDP were lower.
21
1.2
Investment
Low level of investment outlays in 2013 resulted from a continually instable situation of companies and
uncertainty of entrepreneurs concerning further economic outlook. Gross fixed capital formation in 2013
decreased by 0.2% compared to a decline of 1.6% in 2012. The first half of 2013 presented a
continuation of the decrease in expenditure, which began in Q3 2012. In the first two quarters of 2013,
investment decreased by 2.4% and 3.3% accordingly, to increase by 0.5% in Q3 and, afterwards, grow
by 2% in Q4. An improvement in business sentiment observed in the second half of 2013 was reflected
in an increase in investment outlays.
Table 3. Gross investment outlays of the public sector as a percentage of the GDP
Poland
EU-28
2005
3.4
2.3
2006
3.9
2.5
2007
4.2
2.6
2008
4.6
2.7
2009
5.2
2.9
2010
5.6
2.7
2011
5.7
2.5
2012
4.6
2.3
2013
3.9
2.2
Source: Eurostat.
In comparison to the previous period, in the years 2012-2013 a reduction in public-sector investment
could have been observed. Lower level of investment of the general government sector was related to
the continuation of the public finance consolidation process and the termination of a couple of
infrastructure projects launched in previous years. Although in 2013 expenditure on public investment
(both in nominal terms and in relation to GDP) in Poland was lower than in previous years and
represented 3.9% of the GDP. It was the fourth highest result among the countries of the European
Union. A more considerable private sector involvement was recorded in Romania (4.5%), Estonia
(4.3%) and Bulgaria (4.1% of the GDP).
Although a higher investment activity could have been attributed to private enterprises, investment in
the entire economy declined. Nevertheless, private investment should gradually replace public
investment as far as the support for the economic growth is concerned. An additional impetus for
investment should be the Polish Investments programme and funds provided within the framework of
the 2014-2020 financial perspective.
Table 4. Gross investment outlays of the private sector as a percentage of the GDP
Poland
EU-28
2005
14.8
17.7
2006
15.7
18.1
2007
17.4
18.6
2008
17.7
18.3
2009
16.0
16.2
2010
14.2
15.8
2011
14.5
16.0
2012
14.6
15.6
2013
14.6
15.1
Source: Eurostat.
The acceleration of the growth in investment outlays in the years 2006-2008 increased the share of
private sector investment outlays in the GDP to the level similar to the one recorded in the most
developed EU economies. In subsequent years, outlays of the private sector significantly decreased.
The foregoing, accompanied with a high growth in public sector outlays, resulted in a considerable
decrease in the share of private sector in total expenditure. In 2012, a slight increase was observed in
the ratio of the share of private sector to GDP. Data regarding the year 2013 indicate a stabilisation of
the ratio at the level noted in 2012. Whether the recovery in sustainability and scale of recovery in
investment will be permanent will depend on companies which form, to a considerable extent, the level
and pace of growth in investment outlays.
A considerable decrease in the activity of the processing sector recorded during the crisis caused a
decline in capacity utilisation both in Poland and in developed countries of the EU. However, starting
from the second half of 2009, the ratio began to grow. Worse economic outlook and weakening of
production caused a visible decrease in capacity utilisation in the first half of 2013, to the level below
22
73%. In the second half of the year, in addition to a gradual recovery of the economy, systematic
increase in capacity utilisation could have been observed. However, the ratio still remains below the EU
average and below the level from before the 2008-2009 crisis (76% in Q4 2013 compared to 80.3% in
Q1 2008).
For another consecutive year, a decline was recorded in the case of the ratio of gross fixed capital
formation to GDP. In 2013, it amounted to 18.4%, while in 2012 it was 19.2%, and in 2011 – 20.2%.
The economic downturn in Europe and in the world translated also into decisions of foreign companies
with regard to new investments undertaken in the 2012-2013 period. In 2012, FDI inflow to Poland was
considerably lower than in the years 2010-2011 and amounted to EUR 4.8 billion. However, as far as
inflow of investment in the form of FDI to Poland is concerned, the years 2012-2013 were specific. In
addition to economic factors, the decline in FDI inflow to our country was influenced, inter alia, by an
outflow of the so-called capital in transit. Transactions related to the capital in transit distort the statistics
concerning FDI, even though in fact they have no influence on the real sphere and indicate a loss of
investment attractiveness by a given economy. The dominant item in the capital structure of FDI inflow
to Poland in 2012 were reinvested earnings. Systematically high share of the value of reinvested
earnings confirms that foreign investors gained confidence in Poland, and that they prove it by
increasing expenditures on the development of existing investments. In turn, investment in equity capital
of companies contributed to a decrease in the value of FDI.
Most capital came to Poland from EU countries. Among them, the leader was Germany (EUR 3.5
billion). It was followed by France (EUR 3.1 billion) and Great Britain (EUR 0.8 billion).
As far as sectoral breakdown is concerned, most FDI-related funds were allocated to industrial
processing services (EUR 2.8 billion). In turn, less funds were allocated to services (EUR 1.7 billion).
According to initial estimates of the National Bank of Poland, in 2013 the outflow of FDI from Poland
amounted to approx. EUR -4.5 billion. Such a weak result was determined, for another consecutive
year, by the aforementioned capital in transit, as well as by a slowdown in the inflow of FDI to Poland
caused by economic factors. The value of inflow, excluding capital in transit, amounted to less than EUR
1 billion4.
Table 5. Foreign direct investment in Poland (annual inflow and its share in the GDP)
FDI in EUR million
in % of the GDP
2005
8.265
3.4
2006
15.578
5.7
2007
17.221
5.5
2008
10.059
2.8
2009
9.835
3.2
2010
10.473
3.0
2011
14.829
4.0
2012
4.716
1.2
2013*
-4.577
-1.2
Source: Calculations of the DSA MG on the basis of NBP and Eurostat data.
* preliminary data
1.3
Foreign trade and exchange rate
In 2013, i.e. in the fifth year since the outbreak of the financial and economic crisis, there was still
significant uncertainty as to the further development of the situation on most key Polish export markets.
Low level of trust on the part of the financially weakened private sector, which was subjected to financial
consolidation due to heavy indebtedness, had a negative impact on the internal demand in most
European economies, in particular in euro area economies (in the case of which it decreased by 0.9%).
Its moderate growth was recorded, inter alia, in Germany (0.7%), France (0.2%) and Hungary (0.8%),
while a decrease was noted e.g. in Italy (2.7%), the Netherlands (2.5%), the Czech Republic (0.8%) and
The outflow of capital in transit is classified as a concurrent decline in FDI (outflow of capital) and Polish direct investment
abroad (inflow of capital) and, thus, has a neutral impact on the balance of payments of the host country.
4
23
Greece (5.8%). On the other hand, it increased at a relatively fast pace in Great Britain – second Polish
export market after Germany – by 1.8%.
At the same time, the domestic demand – which is one of the most important internal factors
determining our foreign trade – in Poland remained at the level observed a year before.
The zloty exchange rate against the main settlement currency in Polish trade, i.e. the euro, had a
relatively neutral impact on foreign trade. Throughout 2013, the average exchange rate for the euro
amounted to PLN 4.1975, which was higher by 0.3% compared to 2012. In turn, the dollar exchange
rate amounted to PLN 3.1608 and was 3% lower.
According to the GUS data, the export of goods from Poland in 2013 increased by 8% (i.e. by over EUR
11.5 billion), reaching the value of EUR 155 billion. As far as import is concerned, it amounted to EUR
157 billion and was 1.9% (i.e. by over EUR 2.9 billion) higher than in 2012. The results translated into a
significant reduction in the goods trade deficit – of EUR 8.6 billion, to the level of EUR 2 billion.
In turn, the data of the National Bank of Poland indicated that the export of goods amounted to EUR 156
billion and was 5%, i.e. by almost EUR 7.5 billion, higher than in the previous year. In that period, import
reached the value of EUR 153.7 billion, which was the same as a year before. The obtained results
brought about a decisive improvement in terms of commodities trade balance, which improved by
almost EUR 7.5 billion, allowing for the trade deficit in the amount of EUR 5.2 billion recorded in 2012 to
be transformed into a surplus of EUR 2.3 billion. That was the main factor that contributed to a reduction
of the high current account deficit (from EUR 14.2 billion to EUR 5.3 billion).
In 2013, the ratio of trade in goods and services to GDP increased to 93.6%, which means it improved
by 0.2 pp compared to 2012 and by as much as 36 pp compared to the year 2001. The foregoing
confirms the considerable and systematically increasing role of foreign trade for the development of the
Polish economy.
Table 6 Ratio of export of goods and services to GDP in the years 2001-2013
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
GDP growth in %
GDP in PLN billion
Export in PLN billion
Export/GDP in %
1.2
1.4
3.9
5.3
779.6
808.6
843.1
924.5
983.3 1,060.0 1,176.7 1,275.5 1,344.5 1,416.6 1,528.1 1,596.4 1,635.8
3.6
6.2
6.8
5.1
1.6
3.9
4.5
2.0
1.6
210.6
231.4
280.7
346.4
364.7
427.5
479.5
508.6
529.3
598.1
688.6
744.7
781.6
27.0
28.6
33.3
37.5
37.1
40.3
40.8
39.9
39.4
42.2
45.1
46.6
47.8
Source: A study of the DSA MG on the basis of NBP and GUS data.
2013, like a couple of previous years, brought a faster growth in trade with developing and less
developed countries than with developed markets. Exports to the first group of markets increased by
11.2%, to EUR 28 billion. As for exports to developed markets, it increased by 7.4%, reaching the value
of EUR 127 billion. At the same time, imports from developed markets increased by 4.1%, to approx.
EUR 103.6 billion. In turn, imports from developing countries decreased in 2013 by 2%, to EUR 53.4
billion.
The export to the European Union, which receives about ¾ of Polish foreign sales, increased by 6.3%
(to EUR 116.3 billion), although it grew a little bit slower in the case of euro area markets (by 5.6%, to
EUR 78.6 billion) than to the remaining EU markets (by 7.8%, to nearly EUR 37.7 billion). As far as
imports from the EU are concerned, an increase of 3.5% (to EUR 91.8 billion) was recorded. As for the
main Poland’s export partners in the EU, a visible increase could have been observed in the case if
exports to Germany (by 7.8%, to EUR 38.9 billion), the Czech Republic (by 5.8%, to over EUR 9.6
billion), Sweden (by 9.4%, to EUR 4.2 billion) and Slovakia (by 9.8%, to EUR 4.1 billion). At the same
24
time, sales to non-EU developed markets increased by 20.3% (to EUR 10.7 billion); it grew at the fastest
pace in the case of the U.S. (by 30.3%, to EUR 3.6 billion) and Norway (by 26.2%, to nearly EUR 3.1
billion).
Exports to the markets of the Commonwealth of Independent States increased by 7.7%, reaching the
value of EUR 15.3 billion, including to Russia – by 6.1% (to over EUR 8.1 billion), Ukraine – by 5.1% (to
EUR 4.3 billion), and to Belarus – by 16.5% (to EUR 1.8 billion). The value of imports from CIS was, in
turn, 11.7% lower than a year before and amounted to nearly EUR 21.9 billion. Exports to other
developing countries increased significantly faster than exports to the CIS (by 15.8%, to EUR 12.7
billion). As far as this group is concerned, attention should be paid to the dynamic growth in exports to
China (of 17.4%), Serbia (of 75.2%), United Arab Emirates (of 66.4%) and the Republic of Korea (of
32.4%).
The year 2013 brought about a considerable reduction of the deficit in merchandise trade – to EUR 2
billion, compared to EUR 10,6 billion in 2012. In the case of trade with developed countries, the trade
surplus increased by almost EUR 4.7 billion, to EUR 23.4 billion. It included an increase of EUR 3.8
billion in the surplus in trade with EU markets, which attained the value of EUR 24.5 billion. A
considerable improvement in the trade balance was also noted in relation to developing and less
developed countries, where the deficit was reduced by over EUR 3.9 billion, to EUR 25.4 billion, which
constituted a result of the decline in the deficit in trade with CIS – of approx. EUR 4 billion, to approx.
EUR 6.5 billion.
Chart 4. Geographical structure of Polish exports and imports in 2013
Exports, share in %
Imports, share in %
8.2%
European Union
20.1%
9.9%
6.9%
Other developed
13.9%
CIS
75.0%
Other developing
7.5%
58.5%
Source: A study of the DSA MG on the basis of data from the Central Statistical Office (GUS).
As for the cross-section of goods, the fastest growth – of 14.2% – was noted, like a year before, in the
case of export of agri-food articles. The value of exports reached EUR 20.4 billion, which represented
13.2% of total Polish foreign sales. At the same time, the surplus of trade in food articles increased by
nearly EUR 1.8 billion, to over EUR 6.1 billion.
A growth faster than the one recorded a year before was also observed in two commodity groups which
dominate in Polish exports, i.e. electromechanical products – 8.9% (to EUR 61 billion) – and products of
the chemical industry – 9% (to EUR 21.9 billion). As for the trade in electromechanical products, an
increase of almost EUR 2.1 billion in the surplus, to nearly EUR 4.4 billion, was recorded. A significant
improvement in the balance was observed also in trade in mineral products, in the case of which the
deficit was reduced by nearly EUR 2.5 billion, to EUR 11.9 billion.
25
1.4
Labour market
The main determinant of changes taking place in the labour market is the economic situation both in the
country and abroad. The world crisis, which was faced also by Poland, interrupted beneficial changes in
the labour market, which had been taking place actually to the end of 2008. Although the deterioration
of the situation on the labour market observed in subsequent years was not as radical as in the case of
many European economies, Poland did not avoid the effects of adjustment of companies to smaller
demand and, not seldom, to the necessity to reduce production and, thus, to a smaller demand for
workforce.
In 2013, the situation in the labour market was similar to the one noted in the previous year. It was
another year in which negative trends were not overcome in any decisive way. The number of employed
persons aged 15 and over amounted to 15.6 million, while in the 20-64 age group this figure was 15.2
million. During the said period, the employment rate indicating the number of employed persons aged
20-64 in the overall population in this age group amounted to 64.9% (the target for Poland to be
achieved by 2020 in accordance with the Europe 2020 strategy is 71%). Nevertheless, in the second
half of 2013, an improvement in the situation could have been observed, and that trend was confirmed
in Q1 2014.
Table 7. Situation in the Polish labour market in the years 2000-2013 in the 20-64 age group
(annual average, %)
Detailed data:
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
professional activity rate 72.6 72.4 71.5 70.8 70.6 70.9 69.7 69.4 69.9 70.6
71.1
71.3
71.9
72.3
employment rate
64.3
64.5
64.7
64.9
61.0 59.4 57.4 57.1 57.3 58.3 60.1 62.7 65.0 64.9
LFS unemployment rate 16.3 18.1 19.7 19.3 19.0 17.7 13.8
registered
unemployment rate as
at the end of year
15.1 17.5
9.6
7.0
8.1
9.5
9.5
10.0
10.2
18.0
20.0 19.0 17.6 14.8 11.2
20.05
9.5
12.1
12.4
12.5
13.4
13.4
Source: LFS – Labour Force Survey – activity rate, employment rate and unemployment rate; registered
unemployment rate – Central Statistical Office (GUS).
Following the systematic increase in the employment rate for the EU-28 from 2002 onwards, the onset
of the economic crisis in 2009 and 2010 caused the trend to be reversed, leading to a decrease in
employment rate of 1.3 and 0.4 percentage points respectively. In 2013, employment rate amounted to
68.3% (decrease of 0.1 pp). The employment rate in Poland (64.9%) is still one of the lowest in the
European Union. An employment rate lower than in Poland was recorded in Bulgaria (63.5%), Romania
(63.9%), Spain (58.2%), Greece (53.2%), Croatia (53.9%), Italy (59.8%) and Hungary (63.2%). The
same employment rate as in Poland was observed in Malta6.
In 2013, the average employment level7 amounted to 8,198 thous. (decrease of 1.1% compared to
2012). The average employment in the enterprise sector in 2013 run at the level of 5,494 thousand,
which is 1% less than in 2012 (when compared to the growth of 0.1% a year before). The most
substantial decrease in employment occurred in the construction sector as well as in the field of
5
In 2002, the registered unemployment rate was adjusted based on data concerning the population, agricultural population
and activity obtained from the National Census. Values from before (18.0%) and after (20.0%) the adjustment are provided.
6 The LFS Eurostat data for the group of persons aged 20-64.
7 Except for business entities employing up to 9 persons and without individual agriculture, foundations, associations,
political parties, labour unions, social organisations, employer organisations, economic and professional associations and
activity connected with national defence and public security.
26
production and supply of electricity, gas, steam and hot water. In the case of industrial processing,
average employment was also lower than in 2012. Growth was observed in administration and support
services, information and communication, water supply, waste and sewage management, remediation
activities as well as transport and warehouse management.
In 2013, the number of the unemployed in Poland in the 20-64 age group amounted to 1,737.3 thous.
persons. In comparison to the year 2012, the figure grew by 50.3 thousand. The unemployment rate
(LFS) was 10.2%; in the case of women in amounted to 11%, and in the case of men – 9.6%.8
According to the statistics concerning registered unemployment, at the end of 2013 2,157.9 thous. (1%
more than a year before) persons were registered in employment offices, and the registered
unemployment rate reached – like at the end of 2012 – 13.4%.
The very large territorial diversity of unemployment has persisted. At the end of 2013, compared to
2012, the level of registered unemployment increased in ten provinces. The highest unemployment
growth was recorded in the Podlaskie (3.2%), Warmińsko-Mazurskie (2.3%) and Lubelskie (2.2%)
Provinces. The highest unemployment rate was noted in the Warmińsko-Mazurskie (21.7%), KujawskoPomorskie (18.1%) and Zachodniopomorskie (18.0%) Provinces. The lowest unemployment rate was
observed in the Wielkopolskie (9.6%), Mazowieckie (11.0%) and Śląskie (11.2%) Provinces. The
unemployment in Poland tends to be long-term in nature. Among the unemployed registered at
employment offices, more than 53% are the long-term unemployed.
In Poland, similarly as in most EU countries, the level of employment of young people poses a serious
problem. Only few countries may take pride in high employment rates in this age group, although the
rate for the Netherlands exceeds 70% and Austria has recorded a value close to that level. Together
with the deterioration of the economic situation in the aftermath of the global financial crisis in 2009, the
trend consisting in the improvement of employment rates among the youngest employee groups was
reversed. In 2013, only 22% of young Greeks, 26% of Croatians and nearly 30% of persons aged 20-24
in Spain and Italy, as well as approx. 35% of persons in Hungary, Bulgaria, Luxembourg and Slovakia,
were employed. Poland, with its employment rate of 41% in this age group, also negatively deviates
from the EU average. A distinct disproportion (more than 9 pp) between the figures for Poland and for
the EU is also visible in the 55-64 age group.
There is a clear correlation between the level of education and the unemployment rate. Higher
education remains a factor which significantly decreases the risk of unemployment.9 Furthermore, it is
necessary to note that the unemployment rate in this group in Poland was lower than the EU-28
average and in 2013, like in the previous year, it amounted to 5.7% (EU-28: 6.5% in 2013 and 6.2% in
the preceding year). Nevertheless, it is possible to note that the educational offer is still not adjusted to
the needs of the labour market.
The improvement of vocational qualifications is not a common phenomenon in Poland. In the 2011–
2013 period, only 4.5% of all the unemployed indicated a lack of qualifications required by the employer
as a (subjective) reason for remaining without a job. From 2011 to 2013, only 9.6% of people aged 25
and above participated in any activity linked with raising their vocational qualifications and other skills
(compared to 10.7% in the years 2009-2011). The analysis of the structure of these persons indicated
that training activities were more often undertaken by women (56.1% to 43.9%)10.
8
LFS, Central Statistical Office (GUS) data.
Eurostat.
10 Czapiński J., Panek T. (eds.) (2013) Social Diagnosis 2013, Social Monitoring Council, Warsaw.
9
27
It is possible to observe that the intensity of the educational process is related to age, educational
attainment and the size of the place of residence. The number of people who raise their qualifications
decreases with their age. People who do raise their qualifications are usually holders of university
degrees or graduates of post-upper secondary schools; they represented 63.4% of all the individuals
raising their qualifications in 2011–2013 (in 2009–2011, this value amounted to 62.2%). Almost half of
those raising their qualifications are people from cities with over 100 thous. residents11.
In 2013, 198 thous. unemployed persons and job seekers have completed an internship organised by an
employer (the employment rate within a period of up to 3 months following the completion of the activation
amounted to 65%), while training courses were completed by over 84 thousand persons (employment rate
amounted to 47%).
As a result of Poland’s accession to the European Union in 2004 and a gradual opening of labour
markets by individual EU Member States, many Polish citizens decided to seek employment abroad. As
a consequence, a significant increase in migration in the first years after the accession could have been
observed. According to the 2011 National Census, 2,017 million permanent Polish residents had been
staying abroad for over 3 months when the Census was conducted.
Among all countries which have over the years been the main destinations for Polish emigrants, a
significant increase in the number of arriving Poles was recorded in Germany and Great Britain. A small
drop in the number of Polish emigrants was observed in Ireland and Spain.
Except for the emigration for economic reasons, it is also possible to observe a phenomena of return
migration. The main cause of return migration in the years 2011-2013 were economic reasons (declared
by 36.1% of return emigrants in 2013) such as: loss of job, smaller income compared to
the wages in Poland, and inability to find employment abroad. Short-term economic migration more and
more often constitutes a part of a life plan, and re-settling in Poland is perceived as a natural
consequence thereof (23.3% of all responses in 2013)12. According to the data from the 2011 National
Census, 49.7% of emigrants plan to return to Poland, 11.7% do not intend to return, while the remaining
persons do not have any specific plans13.
The number of migrants in Poland is quite small (among Poland’s permanent residents, only 0.2% are
foreigners, although an increase in the significance of immigration for economic reasons can be
observed in recent years. In 2013, over 39.1 thous. work permits for foreigners were issued in Poland.
The most numerous group of persons authorised to work were Ukrainians (20.4 thous.), Chinese
nationals (3.1 thous.), Vietnamese nationals (2.2 thous.) and Belarusians (2 thous.). The greatest
number of foreigners took up employment in the construction industry, wholesale and retail trade and in
private households.14
In 2006 a simplified procedure for the short-term employment of Russian, Belorussian, Ukrainian (then
also Georgian and Moldovan) nationals was introduced, requiring no work permit to be obtained. In
order to undertake work in Poland for a period not longer than 6 months within 12 subsequent months,
nationals of the said countries need only to hold the employer’s declaration of intent to employ them,
and a stay permit allowing to work (e.g. a visa). Thanks to the introduced simplification, the number of
Ibidem.
Czapiński J., Panek T. (eds.) (2013) Social Diagnosis 2013, Social Monitoring Council, Warsaw.
13 Central Statistical Office (GUS) International migration of population. 2011 National Population and Housing Census,
Warsaw
14 Ministry of Labour and Social Policy, http://www.mpips.gov.pl/analizy-i-raporty/cudzoziemcy-pracujacy-w-polsce-statystyki
[12.06.2014]
11
12
28
foreigners working in Poland increased. In 2013, 235,616 declarations of such type were registered,
which is 3.4% less than in 2012. Over 92% of all declarations pertained to Ukrainian nationals. The
main employment sectors were agriculture and construction.15
The highest demand for foreigners’ work was recorded in the Mazowieckie Province – over a half of
issued permits and registered declarations. The employment of foreigners concentrates in a small
number of districts, including: the Capital City of Warsaw, Płoński, Grójecki, Wrocławski, Kraśnicki,
Buski and Poznański district.
1.5
Labour costs
Poland is still one of EU countries with the lowest, in value terms, labour costs. Only the employed in
Bulgaria and Romania, as well as in Lithuania and Latvia, receive lower remuneration.
In the years 2008-2013, labour costs increased in 23 and decreased in five countries of the European
Union (EU-28). Their highest growth was observed in Bulgaria – 44.1%, Sweden – 26.9%, Austria –
18.9%, and Slovakia – 17%. Labour costs decreased in Greece – by 18.6%, Hungary – by 5.1%, and in
Portugal – by 5.1%. At the same time, in Poland, a slight growth (of 0.1%) in labour costs was
observed.
According to Eurostat data, the total labour costs index for the EU-28 (excluding agriculture and public
administration) amounted in 2013 to EUR 23.7; its highest value was recorded in Sweden (EUR 40.1),
and the lowest – in Bulgaria (EUR 3.7). As far as Poland is concerned, it amounted to EUR 7.6.
Although in 2013 the growth in labour costs observed in Poland was above the average for EU
countries, an increase at the level of 2.9% (YOY) was lower than in 2012, when labour costs increased
by 3.1% YOY. However, in many states (including Bulgaria, Estonia, Romania) labour costs grew faster
– by over 5% (YOY).
For a long time, cost factors constituted one of Poland’s most considerable competitive advantages.
Competitiveness in terms of costs was proved by an inflow of foreign capital to businesses with low
labour costs. At the same time, labour costs constituted one of the principal expenditures of the
employer. Due to economic development in Poland on the one hand and globalisation processes on the
other, investors searching for cost advantages began to invest in more cost-competitive countries than
Poland. Labour costs in Poland gradually lose their decisive importance in the creation of our state’s
competitive position. An increasingly significant role is played by non-cost factors, including the main of
them – quality of human capital. Taking educated staff into consideration, foreign investors undertake
numerous projects in the service sector in Poland (modern business service centres are of particular
importance). As it was indicated, inter alia, in the report of the Polish Information and Foreign
Investment Agency and Crido Taxand entitled R&D market in Poland. support for research and
development activity of enterprises, Poland is more and more often selected by foreign companies to be
the location of research and development centres.
The amount of tax and non-tax costs in Poland, although it is not relatively high compared to other EU
countries, may still constitute an obstacle to growth in employment and wages in the event of economic
slowdown. In the years 2008-2012, a deceleration in wage growth in the national economy was noted
Ministry of Labour and Social Policy, http://www.mpips.gov.pl/analizy-i-raporty/cudzoziemcy-pracujacy-w-polsce-statystyki
[12.06.2014]
15
29
as a consequence of the economic slowdown resulting from the 2008/2009 crisis. In 2013, an increased
wage growth was observed, and the pace of growth in actual wages was higher than in previous years,
also due to a lower increase in consumer prices.16 In 2013, the average monthly salary in the economy
increased by 2.5% in real terms compared to 2012 and amounted to PLN 3,650. As for the average
monthly salary in the business sector, it was 2.0% higher in real terms compared to 2012 and amounted
to PLN 3,837.
The foregoing indicates that the pressure on wage growth may gradually increase. It has to be
highlighted, however, that the scale of wage pressure is restricted by relatively large staff adjustments,
in particular those of quantitative nature – in the form of contracts for an unspecified period and civil law
contracts.
Chart 5. Tax wedge in Poland and other OECD countries in 201317
60.0
50.0
40.0
średnia dla OECD
30.0
20.0
10.0
0.0
Source: Taxing Wages 2014, OECD 2014.
According to OECD data, since 2009 the so-called tax wedge in Poland has been growing compared to
the previous year. In 2013, for an average salary it amounted to 35.6% and was 0.1 pp higher than in
2012, which means it was a little bit below the OECD average (35.9%). Despite the foregoing, the tax
wedge in Poland, as compared to other countries of the Central and Eastern Europe, is still at a
relatively low level. It is 5.6 pp lower than in Slovakia, 6.8 pp lower than in the Czech Republic and as
much as 13.5 pp lower than in Hungary.
An increase in the so-called tax wedge was related, inter alia, to an increase of 2% in pension
contributions in February 2012. Poland stands out from other OECD countries, as it has relatively high
social security contributions amounting to 29.63% of total labour costs, while the OECD average is 7 pp
lower and amounts to 22.55%.
Przeciętne miesięczne wynagrodzenie w gospodarce narodowej w latach 1950-2013 [Average monthly salary in the
national economy in the years 1950-2013], GUS, Warsaw. April 2014.
17 For a single person receiving an average salary.
16
30
It is also worth to notice that the specific character of the tax wedge in Poland (lower than the
proportionate growth together with an increase in salaries) indicates a considerable scale of taxation
imposed on persons with the lowest wages18.
Generally, labour costs are not considered by entrepreneurs to be one of the most important factors
influencing a rise or fall in prices. Nevertheless, most companies do not find them little important.19
Results of research devoted to economic cycles in particular sectors of the economy conducted by the
Central Statistical Office (GUS)20 indicate that labour costs constitute a significant barrier for 53.8% of
companies functioning in the industry sector, 61.7% of construction companies, 58.1% of companies
devoted to retail trade and 56.8% of those operating in the sector of transport and storage. Therefore,
labour costs are an important factor shaping prices in industries in the case of which they constitute a
considerable part of total costs, i.e. in the construction sector, catering and hotel business. Labour costs
represent an important part of operating costs of small and medium enterprises and, at the same time, a
serious barrier to their development, especially due to the fact that gross salary paid to an employee is
not the total labour cost.
However, it needs to be emphasised that in the case of micro, small and medium enterprises the main
barrier to the development of entrepreneurship is the amount of taxes and charges provided for by law,
while labour costs rank further down among the biggest barriers to growth21.
In 2013, net salary for the average salary in the economy constituted 59% of the total labour cost.
A significant part of labour costs – except for the net remuneration – are social security contributions paid by the employer
and the employee. The role of income tax is inconsiderable in the case of lower income ranges.
19 See Badanie Ankietowe Rynku pracy [Labour market survey]. Report 2012, National Bank of Poland, Economic Institute,
Warsaw 2012
20 Koniunktura w przemyśle, budownictwie, handlu i usługach 2000-2014 [Economic cycles in industry, construction, trade
and
services
2000-2014]
,http://stat.gov.pl/obszary-tematyczne/koniunktura/koniunktury/koniunktura-w-przemyslebudownictwie-handlu-i-uslugach-2000-2014,4,8.html [24.06.2014], data for Q2 2014 in the case of industry and May 2014 in
the case of construction, retail trade and transport services.
21 See Development trends of micro, small and medium enterprises according to entrepreneurs in the second half or 2013,
Ministry of Economy, Strategy and Analyses Department, Warsaw April 2014, pp. 9-10.
18
31
Chart 6. Structure of labour costs for the average salary and 2/3 (of the average salary) in the
national economy in 2013 (according to the rates of December 2013).
Source: A study of the DSA MG
32
1.6
Public finance
A guarantee of the possibility to flexibly shape expenditure, increase in the share of pro-development
expenditure, accompanied by a provision of stable budgetary revenues, is one of key challenges faced
by the fiscal policy. The situation in this area is important for the enterprise sector not only from the point
of view of creation of a balanced and sustainable macroeconomic environment, but also of borrowing
needs of the state. Due to the necessity to finance public debt, the state is raising funds from the
finance sector by selling treasury securities. The foregoing may influence the amount of funds available
to business entities. Moreover, the introduction of tax advantages – which limit budget revenues –
expected by enterprises is difficult to conduct, in particular in the case of increased needs to spend
financial resources of the state budget.
Chart 7. State budget deficit22 and deficit of central and local government institutions (PLN
billion and % of the GDP)
bn PLN
% GDP
120
7,5
Budget deficit (PLN bn)
Deficit of central and local government institutions (PLN bn)
Budghet deficit (% GDP)
6,2
Deficit of central and local government
institutions (% GDP)
100
4,9
4,4
4,6
5,4
5,0
4,3
c4,9
4,4
5,1
4,5
3,0
3,1
4,3
2,2
2,4
2,3
3,7
3,6
2,9
3,0
2,4
40
5,0
4,1
4,2
60
7,0
6,0
5,3
80
8,0
7,5
3,2
3,0
1,9
2,1
2,6
1,9
1,9
1,8
1,9
2,0
1,6
1,4
20
4,0
3,9
1,0
0
0,0
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
Source: A study of the DSA MG on the basis of data from Eurostat and preliminary data from GUS.
Despite the traditionally existing deficit in the Poland’s general government sector finance, in the
years 2003-2007 its level became visibly lower. The gradually ameliorating economic situation –
influenced, inter alia, by the Poland’s accession to the European Union and good global economic
situation – made it possible to considerably reduce budgetary imbalances of the entire general
government sector. In 2007, the value of the sector’s deficit in relation to the GDP amounted to 1.9%.
In 2004, the manner of classifying transfers compensating for the loss of contributions in the Social Insurance Fund in the
state budget has changed. Until 2003, the transfer from the state budget compensating the Social Insurance Fund for the
loss of contributions due to the conveyance of a part of contributions of persons covered by the pension reform to Open
Pension Funds was financed in the form of grants from the state budget. Laws allow to finance the costs of the pension
reform with privatisation receipts, i.e. “from below the line”. Due to the forgoing, since 2004 the sum compensating for the
loss is recorded among expenditures of the state budget, while in the case of the Social Insurance Fund, there is a new item
of revenue: “refund due to the transfer of contributions to Open Pension Funds”. The aforementioned change has directly
influenced the level of state budget expenditure and, thus, its result. As a consequence, the data regarding 2004 are not
entirely comparable to those concerning previous years.
22
33
In 2008, a reversal of the positive trend took place and continued in subsequent years. Together with
the arrival of the financial crisis, accompanied by a persistently high level of the structural deficit of the
state budget, it was possible to observe the occurrence of a considerable disproportion between the
level of state budget’s expenditure and revenues. The foregoing resulted in a deficit of central and local
government institutions nearly twice as high as in the previous year, amounting to PLN 99.6 billion, i.e.
7.4% of the GDP. It has to be pointed out that the year 2009 was very unfavourable for minimising the
cost of public debt, both in terms of the micro- and macroeconomic situation. Risk aversion, high
currency fluctuations – generating additional costs related to foreign currency debt service – and
stimulus aid packages offered by the government significantly determined an increase in nominal debt
on a global scale. In 2010, negative trends on the state’s public finance persisted. Due to the negative
balance of each of the subsectors of the general government sector, the deficit of the latter reached in
2010 the highest level in history, i.e. PLN 110.9 billion. The increasing deficit of the general government
sector resulted in a growth in the sector’s total debt. In 2010, the public debt calculated according to the
Maastricht methodology reached the level of 54.9% in relation to the GDP.
Since 2011, the condition of finance of the general government sector has been increasing. At the
beginning, the deficit in this field decreased to PLN 77.2 billion, i.e. 5.1% of the GDP. As for the public
debt, calculated according to the above-mentioned methodology, it amounted to 56.2% of the GDP. In
2012, values of the discussed figures were as follows: PLN -61.7 billion, i.e. -3.9% of the GDP (for the
result of the general government sector) and 55.6% of the GDP (for this sector’s debt). In 2013, values
of the discussed parameters increased to the following respective levels: PLN -70.1 billion (4.3% of the
GDP) in the case of the result of the general government sector, and 57.1% of the GDP for this sector’s
debt.
Table 8, Public debt (PLN billion and % of the GDP)
Public debt
2004
PLN
431.4
billion
% of the
46.7
GDP
Debt of central and local
% of the
government institutions
GDP
(g.g.)
45.7
2005
2006
2007
2008
2009
2010
2011
2012
2013*
466.6
506.3
527.4
597.8
669.9
747.9
815.3
840.5
882.3
47.5
47.8
44.8
46.9
49.8
52.8
53.4
52.6
53.9
47.1
47.7
45.0
47.1
50.9
54.9
56.2
55.6
57.1
* Estimates of the Ministry of Finance
Source: Ministry of Finance.
Table 9. Structure of state budget expenditure (%)
Legally
determined
expenditure
Flexible expenditure
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
71.3
72.5
74.3
73.1
72.7
74.4
75.0
74.6
74.9
74.4
28.7
27.5
25.7
26.9
27.3
25.6
25.0
25.4
25.1
25.6
Source: Ministry of Finance.
The present structure of budget expenditure implies a limited government’s discretion in shaping the
state budget deficit. A major part of expenditure is the legally determined expenditure related to public
debt service, subsidies for local government units or support for special purpose funds and their
administrators, in particular ZUS [Social Insurance Institution] and KRUS [Agricultural Social Insurance
Fund]. Social transfers, defined within legal framework, require engagement of a dominant part of
expenditure in the Polish public finance system. Therefore, only a limited part of funds may be allocated
to infrastructure investments, research and development, active labour market policies and
improvement in the quality of functioning of public services.
34
Box 1. Multiannual State Financial Plan for the years 2014-2017 and Convergence Programme –
Update 2014
On 22 April 2014, the Council of Ministers adopted the Multiannual State Financial Plan for the years 2014-2017.
The document was elaborated, under the Public Finance Act amended in 2013, in a new layout and is now
composed of two parts: Convergence Programme – Update 2014 and a specification of principal functions or the
state, together with indicators of their implementation. One of priorities of the government’s economic policy is still
to create conditions favouring fast and sustainable growth and to ensure at the same time an optimal pace of
public finance consolidation. Objectives and measures adopted in the document are consistent with priorities
determined in the Europe 2020 strategy, which are also reflected in the this year’s edition of the National Reform
Programme.
Poland provided the European Commission with the Convergence Programme – Update 2014 presenting a threeyear perspective of economic development of the country In June 2014, the European Commission suspended
with respect to Poland the excessive deficit procedure, which had been in effect since 2009. In the opinion of the
European Commission, Poland has undertaken effective measures to limit the deficit to the designated level.
According to the Convergence Programme – Update 2014, in 2016 the excessive deficit procedure should be
finally terminated based on data regarding the year 2015.
The estimated result of the general government sector in relation to GDP in the years 2014-2017 amounts to:
5.8% of the GDP, -2.5% of the GDP, -1.8% of the GDP, -1.2% of the GDP accordingly. The debt of the general
government sector in the years 2014-2017, estimated according to the same methodology, will be: 49.5% of the
GDP, 49.5% of the GDP, 47.5% of the GDP, 45.5% of the GDP respectively.
According to the “April 2014” fiscal notification, in 2013 the deficit of the general government sector
amounted to 4.3% of the GDP, while the debt reached the value of 57.0% of the GDP.
1.7
Inflation and monetary policy
One of the most important features of the business environment is price stability and its derivative – the
cost of raising money. They influence decisions of entrepreneurs regarding production volume and, as a
result, also employment and investment outlays. The course of inflationary processes is influenced by
internal and external factors. While the vast majority of the former is controlled by means of tools which
are typical of the monetary policy, the influence on the latter is very limited. It also remains problematic
to determine their character and intensity of their impact. In 2013, the course of inflationary
processes was influenced mainly by external factors – in the form of a high volatility of prices of
food and energy carriers – and, to a smaller extent, by internal factors – related to wage
pressure.
In 2013, inflation did not pose a threat to the conduct of business activity, although throughout the year
the average level of consumer prices remained clearly below the inflation target of the National Bank of
Poland. Moreover, the inflation of 0.9% was lower than the level assumed in the Budget Act. The price
hike observed in 2013 was determined mainly by a relatively high variability of prices of food and energy
carriers on international markets. From the first months of 2013, the CPI inflation dynamics, in annual
terms, still experienced a downward trend, attaining the level of 0.2% in June. Additionally, although at
the beginning of the 2nd half of the year – in July and August – the price dynamics temporarily
increased, it began to decrease once again in subsequent months. As a result, the price increase level
reached the lowest point in November, amounting to 0.6%. A visible weakening of the inflation pressure
in 2013 was fostered by internal factors in the form of weaker pay pressure, being a result of an ever
slower growth in employment.
35
Chart 8. Reference rate of National Bank of Poland and inflation
25
20
15
Reference rate
10
CPI
%
5
2011-08-01
2011-02-01
2010-08-01
2010-02-01
2009-08-01
2009-02-01
2008-08-01
2008-02-01
2007-08-01
2007-02-01
2006-08-01
2006-02-01
2005-08-01
2005-02-01
2004-08-01
2004-02-01
2003-08-01
2003-02-01
2002-08-01
2002-02-01
2001-08-01
2001-02-01
2000-08-01
2000-02-01
1999-08-01
1999-02-01
1998-08-01
1998-02-01
0
Source: The National Bank of Poland.
The main determinant shaping the situation in the money market in Poland in 2013 was the orientation
and pace of the recovery of the global economy after the financial crisis. Given the fact that the situation
in Poland’s economic environment is deteriorating, in 2013 the MPC used the interest rate instrument to
support economic recovery and limit the risk of inflation dropping below the mid-term inflation target.
Due to the expected slowdown in business activity in the country in 2013, which manifested in weaker
and weaker readings of basic macroeconomic indicators and a persisting low inflationary pressure, the
monetary policy conducted by the National Bank of Poland (NBP) was of expansionary nature. It
resulted in the continuation of a policy consisting in a gradual reduction of key interest rates launched in
November 2012. In 2013, the MPC reduced interest rates six times – five times by 0.25 percentage
points (in January, February, May, June and July) and once by 0.5 percentage points (in March). As a
consequence, at the end of December 2013 interest rates reached the following values: reference
interest rate – 2.5% (4.25%at the end of 2012), lombard interest rate – 4.0% (5.75%), deposit interest
rate – 1.0% (2.75%), and rediscount rate on bills of exchange – 2.75% (4.5%).
Chart 9. Development of WIBOR12M and of reference rate
8,0
Reference rate
WIBOR 12M
7,0
6,0
5,0
4,0
3,0
2003-01-02
2003-05-02
2003-09-02
2004-01-02
2004-05-02
2004-09-02
2005-01-02
2005-05-02
2005-09-02
2006-01-02
2006-05-02
2006-09-02
2007-01-02
2007-05-02
2007-09-02
2008-01-02
2008-05-02
2008-09-02
2009-01-02
2009-05-02
2009-09-02
2010-01-02
2010-05-02
2010-09-02
2011-01-02
2011-05-02
2011-09-02
2012-01-02
2012-05-02
2012-09-02
2013-01-02
2013-05-02
2013-09-02
2,0
Source: The National Bank of Poland.
36
%
Through the formation of interest rate, the central bank indirectly influences the interest rate on loans
and deposits in commercial banks. The average interest rate on corporate loans in PLN significantly
decreased from 6.7% recorded at the end of 2012 to 4.7% at the end of 2013, according to the new
ECB methodology.
37
2.
CHARACTERISTICS OF POLISH ENTERPRISES23
2.1
Number and structure of Polish enterprises24
The number of entities registered in the REGON system at the end of 2013 exceeded, for the first time
in history, four million and amounted to 4,070.2 thousand25, which means their number grew by almost
100,000 compared to 2012. Like in the previous year, an increase of 45 thous. was noted in the case of
enterprises run by natural persons. The number of commercial companies and partnerships also
significantly grew (by 34 thous.). Despite the observed decline in the share of enterprises run by natural
persons in the total number of entities in the REGON system, they still dominate the register. In 2013,
their number amounted to 2,961.7 thousand, which represented almost three quarters of all entities.
Most entities – slightly over one million – are registered in the Wholesale and retail trade section. It is
followed by: Construction (478 thous. entities), Manufacturing (367 thous.) and Professional, scientific
and technical activities (371 thousand).
Newly registered and de-registered entities
In 2013, the number of new enterprises registered in the REGON system amounted to 365 thous.
(which was more or less the same as in the previous year). Natural persons running business activity
constituted the largest group among the newly established entities (over 80% of their total number).
Chart 10. Entities newly registered in and deleted from the REGON register
In total – newly registered
Natural persons – newly registered
In total – deleted
Natural persons – deleted
700 000
600 000
500 000
400 000
300 000
200 000
100 000
2013
2012
2011
2010
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
0
Source: Structural changes in groups of entities in the national economy entered into the REGON register in
2013, Central Statistical Office (GUS), Warsaw 2014.
Detailed data (tables) referring to this chapter (subchapters 2.102.4) are provided in Annex I.
Data according to the PKD 2007 classification.
25 It has to be noted that the state of the REGON register is not a good indicator of the scale of entrepreneurship in Poland –
it is estimated that only about 50% of entities registered in the system actually run business activity. Data concerning “active”
enterprises presented by the Central Statistical Office (GUS) are published with an over one-year delay.
23
24
38
The most substantial increase in the number of new companies was recorded in the Dolnośląskie and
Podkarpackie (up by over 8%), as well as Mazowieckie and Opolskie Provinces (up by over 7%). In
turn, a decrease in the number of newly registered entities was noted in the Lubuskie, Podlaskie,
Śląskie, Małopolskie, Łódzkie and Lubelskie Provinces.
As far as sectors are concerned, the most considerable growth in the number of new companies was
recorder in the following sections: Administration and support services (an increase of 31%), as well as
Electricity, gas, steam and air conditioning supply and Professional, scientific and technical activities (an
increase of 15%).
At the same time, the growth in the number of newly registered entities was lower in the case of:
Education (a decrease of as much as 50%), as well as Health care and social assistance and Mining
and quarrying (a decrease of 10%).
The number of entities de-registered in 2013 reached the number of 263 thousand and was 10
thousand lower than in the previous year. The increase in the number of de-registered entities was
observed in almost all sections of the economy (except for Health care and social assistance).
2.2
Economic and financial situation of enterprises26
In 2013, enterprises increased their revenues in nominal terms. At the same time, the financial result
was higher than in 2012. As a result, companies were able to allocate more funds to investment outlays.
A better financial situation of enterprises translated into an increase in the number of employed persons,
which amounted in 2013 to 4,952 thousand.
Revenues and expenses
In 2013, nominal revenues in enterprises turned out to be slightly higher (by 0.61% compared to the
previous year. In the group of enterprises from the public sector, the level of revenues decreased
compared to 2012, while in the case of private sector companies it grew by 1.48%. Expenses of private
enterprises increased a little bit more slowly than revenues (0.45%).
As for sectors, the highest growth – of over 10% – in revenues was observed in the following sections:
Other service activities and Health care and social assistance.
In turn, a decline in revenues was noted in the case of: Construction, Arts, entertainment and
recreation, Mining and quarrying, Professional, scientific and technical activities, Information and
communication, as well as Real estate activities.
In the group of enterprises keeping accounting books (except for banks, cooperative savings and credit unions, insurance
institutions, brokerage houses, investment funds and companies, as well as pension funds), employing more than 9
employees. Data presented according to the PKD 2007 classification.
26
39
Chart 11. Growth in revenues and expenses of Chart 12. Growth in revenues and expenses of
public sector enterprises
private sector enterprises
1 30
140
Price index of industrial production
Growth in revenues
Growth in expenses
1 20
Price index of industria l production
Growth in revenues
Growth in expenses
130
120
1 00
110
90
100
80
90
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
1 10
Chart 13. Comparison of growth in enterprises’ Chart 14. Growth in revenues and expenses of
revenues according to the number of the enterprise
employing
more
than
employed
9 persons
105
100
100
95
95
2000
2012
2013
105
2010
2011
110
2009
110
2008
115
2006
2007
115
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
120
2004
2005
Growth in revenues
Growth in expenses
Price index of in dustrial production
more than 249
2002
2003
50-249
2001
10-49
120
Source: Calculations by the DSA MG based on PONTINFO data from the F-02 (2000–2002) base and data of the
Ministry of Economy from the GUS F-01 (2003–2013) base.
Nature of expenses
Compared to 2012, the structure of operating expenses did not change in 2013. The most important
part of expenses is the value of goods and materials sold, while the second component of expenses in
the use of materials and energy.
40
Chart 15. Structure of expenses in enterprises according to their nature
3%
depreciation
use of materials and energy
third-party services
taxes and charges
salaries
social insurance and other benefits
other types of costs
value of goods and materials sold
28%
38%
2%
2%
15%
9%
3%
Source: A study of the DSA MG on the basis of F-01 (2013) base.
Financial performance
Enterprises terminated the year 2013 with the gross financial result amounting to PLN 134 billion, which
was higher than in the previous year (only small companies did not manage to increase their profit).
However, the gross financial result was weaker than two years before, when in exceeded PLN 140
billion.
Sections in which the highest increase in the gross financial result was observed included: Water supply
and sewerage management, Health care and social assistance and Electricity, gas, steam and air
conditioning supply. On the other hand, a decrease in the result was observed in the case of Mining and
quarrying, Professional, scientific, and technical activities, as well as Accommodation and food service
activities.
Liabilities and liquidity
An increase in the number of enterprises’ short term liabilities observed in 2013 resulted mainly from its
growth among large companies. A similar situation took place in the case of long-term liabilities.
In most cases, indicators characterising the debt of enterprises did not change much compared to 2012
(a significant decline was noted only in the case of liabilities/equity capital ratio in the case of small
companies).
Export activities
Like in the previous years, the growth in enterprises’ revenues from export activities was higher than the
growth in revenues from all activities.
Investment activity
In 2013, the value of investment outlays amounted to PLN 129 billion and was PLN 5 billion higher than
in 2012. Outlays increased among medium-sized and large enterprises, while small companies
decreased their value compared to the previous year. The highest growth in investment was observed in
the following sections: Activities related to arts, entertainment and recreation, Transportation and
storage, Administrative and support service activities, as well as Manufacturing. In a couple of sections,
a decrease in the value of investment outlays was recorded; the most considerable decline was noted in
the case of Other service activities, Financial and insurance activities, as well as Construction.
Employed persons
In 2013, the number of the employed was higher than in 2012 by nearly 40 thous. persons. The
increase must be attributed to an increase in the number of persons hired in large companies, as in the
41
case of small companies the figure remained unchanged an among medium-sized companies – it
declined.
An increase in the number of the employed was observed in western Poland – in Wielkopolskie,
Zachodniopomorskie and Dolnośląskie Provinces – as well as in Mazowieckie, Łódzkie and Małopolskie
Provinces. A decline in the number of working persons was recorded in every second province, and it
was the most considerable in Warmińsko-Mazurskie, Opolskie and Śląskie Provinces.
In several sections of the economy: Health care and social assistance, Administrative and support
service activities and Professional, scientific and technical activities a considerable growth (of over 10%)
in the number of the employed was recorded, while in the case of Construction the figure decreased by
10% compared to the previous year.
2.3
Analysis of the microenterprises sector compared to other enterprises
in 2012
Number of active enterprises
In 2012, the number of active enterprises increased compared to 2011 from 1,785 thous. to 1,794
thousand, which was a result of an increase in the number of active microenterprises to 1,710 thousand.
Table 10. Number and structure of enterprises in 2012
In total
microenterprises
1,794,943
95.78%
Share of
small
mediumenterprises
sized
enterprises
3.18%
0.86%
large
enterprises
0.18%
Source: Activity of non-financial enterprises in 2012, Central Statistical Office (GUS), Warsaw 2013.
Employment and wages
In 2012, the number of persons working in enterprises was 8,937 thousand, which was 90 thous. less
than in 2011. The structure of employment was the same as in previous years – 39% of all the
employed worked in microenterprises, 13% – in small enterprises, 18% in medium-sized enterprises,
and 30% – in large enterprises.
The average number of the employed amounted to 6.5 million people, which indicates an increase by 50 thous.
persons compared to 2011. Every fifth employee worked in a microenterprise, 17% – in small enterprises, and
every fourth employee – in a medium-sized enterprise. The major part of the employed (39%) were hired in
large companies.
Most persons worked in Manufacturing and in Trade and repair of motor vehicles (2,346 thous. and
2,346 thous. persons accordingly). As far as the number of employees is concerned, the foregoing
industries were followed by the Construction and Transport (870 thous. and 726 thous. persons
respectively). Every fifth person worked in the Mazowieckie Province, 14% of all the employed – in the
Śląskie Province, and 11% – in the Wielkopolskie Province.
In 2012, the average monthly salary per one employee amounted to PLN 3,628, which was 4% more
than in the previous year. In microenterprises, the wage level is over twice smaller than in the case of
large enterprises. A wage level higher than the national average was noted in two Provinces:
Mazowieckie – PLN 4,611, and Śląskie – PLN 3,903. In other provinces, the average salary was lower
than PLN 3,628. It is possible to observe a considerable diversification in the amount of the average
42
salary between provinces; the lowest level is noted in the Warmińsko-Mazurskie, Lubuskie and
Podkarpackie Provinces.
Revenues, expenses and investment outlays
In 2012, enterprises generated revenues in the amount of PLN 3,763 billion, which indicates an
increase of over 100 billion compared to 2011. A growth in revenues was recorded in the case of small
and large enterprises, while micro- and medium-sized enterprises had lower revenues than in 2011.
Despite the increase in revenues, gross profit noted by enterprises in 2012 was lower (by PLN 25
billion) than in 2011. Only small companies managed to improve their financial result. The amount of
investment outlays in enterprises also declined – it resulted from their decrease in the group of microand small enterprises.
2.4
Innovativeness of Polish enterprises
In addition to the science sector, the business sector constitutes the basic centre for the creation of
innovations. They conduct the entire process of their commercialisation and incur the related risk. For
statistical purposes, an enterprise is considered to be innovative if it introduces, within the analysed
period, at least one product or process innovation. These terms refer, respectively, to new or
significantly improved products (services), production and distribution methods, as well as ways of
supporting business. The newness criteria does not have to refer to the entire market, but also to the
enterprise itself.
According to GUS data27 , the share of the so-defined innovative – both in terms of products and
processes – enterprises in the entire population of Polish companies decreased between 2006 and
2011. Particularly visible declines could have been observed in the years 2006-2009. Since 2009, this
trend is slowing down. Taking into consideration all types of innovations, the year 2012 seems to be
groundbreaking – in that year, the share of innovative enterprises both in the industrial sector and in
services grew for the first time (from 16.1% to 16.5% and from 11.6% to 12.4% accordingly).
The highest degree of innovativeness can permanently be observed in the case of large enterprises, i.e.
those employing more than 250 persons, although generally innovations occur more often in the
industry than in services. Between 2010 and 2012, 58% of large industrial companies and 44.7% of
service companies introduced to the market at least one innovation (in the years 2009-2011, it was
59.7% and 46.1% respectively). Small enterprises (10-49 employees) are the least innovative, as only
10% of them marketed any innovations in recent years. What is more, the percentage of enterprises
introducing innovations to the market is much higher in the public than in the private sector. It refers
both to the industry and to services. As far as the public sector is concerned, in the years 2010-2012
28.7% of industrial enterprises and 23.5% of service enterprises launched innovations. As for the
private sector, the figures were 17.5% and 13.2% accordingly. This disproportion already occurred in
previous research on enterprises, sometimes being even more significant.
All things considered, in Poland, the probability of placement of innovations on the market is the highest
among large public industrial enterprises, and the lowest – among small private service companies.
Moreover, large public companies are most willing to cooperate in terms of innovative activities, and
there are no considerable differences between the industry and service sectors in this field.
Działalność innowacyjna przedsiębiorstw [Innovative activity of enterprises], Central Statistical Office, Warsaw, published
for the years 2010-2012
27
43
The group of the most innovative industries has for years been headed by the manufacture of coke and
refined petroleum products, as well as the manufacture of basic pharmaceutical products and
pharmaceutical preparations (between 2010 and 2012, 52.3% and 44.8% of enterprises from these
industries respectively introduced innovations to the market). As far as services are concerned, the
sector of insurances, reinsurances and pension funds, as well as the one of scientific research and
development, are the most innovative (in the years 2010-2012, 64.9% and 43.3% of enterprises from
these sectors accordingly could have been considered innovative).
From the regional perspective, most innovative industrial enterprises were observed in recent years in
the Opolskie Province, which occurred at the forefront of all rankings, together with the Śląskie,
Dolnośląskie and Podkarpackie Provinces. As for services, it is possible to notice a strong position of
the Mazowieckie Province.
Polish enterprises engage more often in process than in product innovations. In the years 2010-2012,
12.4% of industrial companies and 9.1% of service companies introduced process innovations, while
product innovations were launched by 11.2% and 7% respectively. Both types of innovations were
introduced to the market by 7.1% of industrial enterprises and 3.8% of service enterprises. Among
process innovations, the most popular are new product production methods (in the case of industrial
enterprises) and process support methods (in the case of service enterprises).
In addition to product and process innovations, the catalogue of innovative measures is complemented
by organisational and marketing innovations. The former consist in changes introduced to the
functioning of an enterprise, workplace organisation or relations with the environment. Their goal is to
increase efficiency and/or quality. In turn, marketing innovations cover any changes referring to the
placement of a product in the market, including the design, promotion, distribution or pricing policy. Both
types of innovations are relatively popular among Polish enterprises – in the years 2010-2012, they
were introduced by over 10% of companies (as for marketing innovations, in services the figure even
exceeded 11%). While in services the leader, also in terms of these innovations, is the insurance and
reinsurance sector, in the case of the industry the following sectors distinguish in this field: manufacture
of tobacco products (organisational innovations) and manufacture of beverages (marketing innovations).
In 2012, 9.2% of net revenues from total sales of Polish industrial enterprises and 3.1% in the case of
service companies came from sales of new or significantly improved products (services) introduced to
the market in the years 2010-2012. In the case of industrial companies, the result was better than in
2011 (8.9%), but worse than in 2010 (11.3%). As for service companies, the share has been decreasing
over the last two years (from 4.1% in 2010 and 3.3% in 2011). The majority of these revenues were
gained thanks to products (services) which were new only for the enterprise, and not for the market. An
exceptionally high significance of new or significantly improved products for the generation of sales
revenues was visible in the Pomorskie Province (36.3%), and in the case of services – in the
Podkarpackie Province (10.8%). Sectors of industry based to the most considerable extent on sales of
such products include: manufacture of other transport equipment; manufacture of motor vehicles,
trailers and semi-trailers; manufacture of coke and refined petroleum products; and manufacture of
electrical equipment. Most revenues from new or improved services are gained by:
telecommunications, warehousing and support activities for transportation, as well as research and
development.
In 2012, revenues of high- and medium-high technology enterprises represented – like a year before –
32.4% of all net revenues from sales of products in industrial processing. As only for high-technology
enterprises, their share decreased from 5.4% to 5.3% YOY. These levels were slightly lower than in
2010 (33.5% and 6.8% accordingly). In the years 2011-2012, over 67% of revenues from sales of
44
products in industrial processing were revenues of medium-low and low technology companies (in 2010
it was 65.5%).28
The situation was different in the case of export activities. In fact, almost a half of net revenues of
industrial processing enterprises from the export o goods belongs to medium-high and high-technology
companies (in 2012 – 40.7% and 8.1% respectively).29
In 2012, high-technology products represented 6.0% of total Polish exports, which means a repetition of
the result noted in the record year in this regard – 2010. It resulted from a 25% growth in the value of
export of high-technology products expressed in current prices (from PLN 28.8 billion to PLN 35.9
billion), following a 1% decline in 2011. On the other hand, an increase in the share of import of hightechnology import in total import recorded in 2012 was insignificant (from 10.3% to 10.5% YOY),
although it has to be remembered that earlier the share decreased twice year-on-year. Nevertheless, in
current prices, the import of high-technology products has been constantly growing, and it continued the
trend in 2012, reaching the value of PLN 68.1 billion (compared to PLN 63.6 billion recorded a year
before).30
In 2012, outlays of Polish enterprises on innovative activities related to product and process
innovations reached a record level of PLN 36.68 billion, 58.7% (PLN 21.53 billion) of which were
incurred by industrial companies and 41.3% (PLN 15.14 billion) – by service companies. While, after a
decline recorded in 2011, the expenditure of industrial companies did not manage to reach the level of
2010 (PLN 23.76 billion, not to mention PLN 24.68 billion in 2008), the value of expenditure of service
enterprises in 2012 was the highest in history, after it had noted an increase of 38% YOY (from PLN
10.98 billion). The dynamics translated into the value of outlays per 1 enterprise. In 2012, the ratio –
after having recorded a growth of 29% – was for the first time higher in the service sector, reaching the
amount of PLN 6.44 million (compared to 5.49 million in the industry sector). From the historical
perspective, the average value of expenditure on innovative activities incurred by service companies
reached, in 2012, an unprecedentedly high level, while in the case of industry it was still under the level
of 2010 (PLN 5.75 million).
It may partially result from changes in the structure of sources of financing of outlays for innovative
activities. It is true that their dominant source are enterprises’ own funds, the share of which usually
exceeds 80%. However, in 2012 it decreased below the said level, to 78.5%. It happened mainly due to
an increase in the significance of budgetary resources (from 1.1% in 2011 to 7.6% in 2012), in particular
in the service sector, in which these funds constituted a source of as much as 15% of outlays on
innovative activity. Furthermore, service enterprises began to benefit much more often from foreign
financing, which increased in the sector from 1.9% to 6.7%. As a consequence, the significance of
foreign funds in innovation expenditure of the entire population of enterprises increased by less than 1
pp, to 7.5%. In turn, it was possible to note a decline in the share of financing from bank loans (from
nearly 11% to 6.4%). The decline was particularly significant in the service sector (10.6% in 2011 and
5.1% in 2012).
Almost 80% (PLN 29.1 billion) of the total amount allocated to innovation activities of all enterprises in
2012 came from the private sector. As far as the size of organisations is concerned, 72% of the
expenditure (PLN 26.4 billion) could have been attributed to companies employing more than 249
persons.
28
Nauka i Technika [Science and Technology], Central Statistical Office, Warsaw, issues for the years 2010-2012
Nauka i Technika in 2012 [Science and Technology in 2012], Central Statistical Office, Warsaw, 2013
30
Nauka i Technika [Science and Technology], Central Statistical Office, Warsaw, issues for the years 2010-2012
29
45
General outlays on innovation activities, although they do not present a stable upward trend (also from
the perspective of ownership sectors), were in 2012 higher by over PLN 10.5 billion (i.e. by 40.5%) than
in 2006, when they amounted to PLN 26.1 billion. An increase of nearly PLN 5 billion in the expenditure
of Polish enterprises on innovative activities related to product and process innovations noted in 2012,
compared to 2011, was so positive that it occurred despite of an almost 40% decrease in the
expenditure of public industrial enterprises, from PLN 4.25 billion to PLN 2.48 billion. The increase
resulted, above all, from a growth in investment of private industrial enterprises (of 15%, from PLN
16.57 billion to PLN 19.06 billion) and – as mentioned above – of public service enterprises (over twice,
from PLN 2.26 billion to PLN 5.1 billion).
In the case of industrial companies, the majority expenditure on innovation activities constitutes
investment in machinery and equipment (58.2%, including 1/5 from import). In turn, the largest part
(over 40%) of service enterprises’ outlays on the development of innovation is represented by
expenditure on research and development, and on the purchase of machinery and equipment – only ¼
(including only 4% on import). Moreover, service companies allocate a considerably larger – than the
one of industrial companies – part of outlays related to innovative activities to the purchase of software
(9.3% compared to 1.8%) and marketing of innovative products and services (6.3% compared to 2.2%).
In turn, industrial enterprises allocate a larger – than the one of service companies – part of their outlays
to invest in buildings, structures and land (15.9% compared to 8.5%).31
2012 was another year of growth in R&D expenditure in Poland, both in absolute terms in current prices
and in relation to GDP. The expenditure grew by 23% – from PLN 11.69 billion in 2011 to PLN 14.35
billion a year after – reaching the level of 0.9% of the GDP (the 2020 target of the economic policy is
1.7% of the GDP). The ratio was one of the lowest in the EU – in this regard, Poland ranks as the eighth
from the end among 26 EU countries (excluding Luxembourg and Croatia), between Malta and
Lithuania. Nevertheless, these outlays in Poland increases relatively fast – in terms of its growth, we
occupy the forth position among EU countries.
In 2012, the expenditure on development was higher than the expenditure on basic research. As far as
the structure of R&D outlays is concerned, it represented respectively 42.3% and 36.7% compared to
39.6% and 36.4% a year before. The share of applied research declined from 24% to 21%. Most R&D
outlays are still covered by the public sector. Although the participation of enterprises in these outlays
has been growing fast in recent years, in 2012 it represented only 37.2% (compared to 30.1% in 2011).
Moreover, 11.2% of outlays covered by enterprises were financed by the government sector, and 7.6%
of funds came from abroad. In the most innovative countries, most R&D outlays are incurred by
enterprises, and that is currently the goal of the Polish economic policy.32
Among 2000 companies which in 2013 were leaders in R&D investment (according to the EU Industrial
R&D Investment Scoreboard) there was not a single Polish enterprise. In an analogous list of 1000
companies from EU countries, 4 Polish enterprises were classified in the second half of the ranking,
which means they invested over EUR 5.2 million in research and development over one year.33
Research and development, as well as – more broadly – innovation activities are often crowned – in the
case of undertakings which are the most innovative from the point of view of the market – by a demand
of a given entity for patent protection. In 2013, after a couple of years in which an increase in the
number of patent applications submitted to the Patent Office of the Republic of Poland was observed, its
Działalność innowacyjna przedsiębiorstw [Innovative activity of enterprises], Central Statistical Office, Warsaw, published
for the years 2010-2012
32 Nauka i Technika [Science and Technology], Central Statistical Office, Warsaw, issues for the years 2010-2012
33 The 2013 EU Industrial R&D Scoreboard, http://iri.jrc.ec.europa.eu/scoreboard13.html
31
46
decline from 4410 to 4237, i.e. of 4%, was observed. Despite of the foregoing, the number of patents
granted by the said Office exceeded for the first time the barrier of 2000, reaching – after an increase of
27% YOY (and a decrease of 7% in 2011) – 2339.34 In any event, it has to be remembered that
innovative activities of a considerable part of Polish enterprises consist in the purchase and not sale of
new technologies. As for applications filed at the Patent Office of the Republic of Poland usually
concern trademarks, not patents or industrial designs and utility models.35
Patent activity and the direction of flow of revenues from trade in industrial property are the most
important causes of the weak position of Poland in the Innovation Union Scoreboard (IUS). This
European Commission’s ranking monitoring the innovativeness of particular EU Member States (from
the perspective of the fulfilment of objectives of the Europe 2020 strategy) measures, inter alia, the
entrepreneurship in terms of innovation activity. In this year’s version of the ranking, Poland, after
having dropped in 2013, returned from the group of the least innovative countries to the group of
moderate innovators. These changes in the Poland’s position in the ranking show that the Polish
economy is oscillating on boundary levels of two groups of countries from the lower part of the
classification. Nevertheless, year on year, an unfavourable gap in the global assessment of
innovativeness between the EU average and Poland is getting larger. According to authors of the
ranking, other weaknesses of our economy that are not compensated for by corporate R&D expenditure
include: low and decreasing willingness of enterprises to cooperate, elaborate their own innovations and
commercialise them.
Instruments supporting innovativeness/R&D sphere
Entrepreneurs may benefit from a number of innovative projects funding instruments. Support for such
undertakings can be obtained from regional, national and EU programmes.
It is possible to distinguish approx. 60 instruments directly or indirectly intended for the development of
innovations. These instruments are very diversified, and their characteristic features include: coverage
(regional/nation-wide), source of financing (state budget/structural funds/other international
programmes), target group (entrepreneurs/other entities), form, implementing institution (e.g. Polish
Agency for Enterprise Development, Ministry of Economy, NRDC, BGK, Marshal's Offices, Province
Offices, regional entities created to implement support programmes, e.g. Dolnośląska Instytucja
Pośrednicząca [Dolnośląskie Intermediary Institution]).
Comprehensive knowledge regarding current and elaborated support instruments is provided within the
framework of the Enterprise Development Programme until 2020 adopted by the Council of Ministers
on 8 April 2014. The programme is a proposal of a support system for enterprises in Poland, focused
primarily on their innovativeness. It covers both the removal of barriers and the establishment of a
friendly environment for enterprises, as well as active measures aimed at ensuring the growth of the
innovativeness and competitiveness thereof. An integral part of the Enterprise Development Programme
is the document entitled The National Smart Specialisation adopted by the Council of Ministers also on
8 April 2014.
Financial means used to implement the innovativeness policy are directly related to European funds.
The largest Operational Programme implementing the aforementioned policy is the Innovative Economy
OP (IE OP). The aim of the Programme was both to directly assist enterprises, business supporting
institutions and research centres providing services to enterprises, but also to ensure systemic support
34 Local
35
Data Bank, Central Statistical Office (GUS)
Działalność innowacyjna przedsiębiorstw w latach 2010-2012 [Innovation activity of enterprises in the years 2010-2012],
Central Statistical Office, Warsaw 2013
47
for the development of the institutional environment of innovative enterprises. Measures are promoted in
the area of product innovation, as well as innovation of processes, marketing and organisation, which
will, directly or indirectly, contribute to the establishment and development of innovative enterprises. The
total allocation of the Operational Programme is EUR 10.19 billion (approx. PLN 42.84 billion), out of
which EUR 8.66 billion (PLN 36.41 billion) comes from the European Regional Development Fund.
2012 saw the launch of a new pilot instrument as part of the 4th priority axis (Investment in innovative
projects) – support for the invention's first implementation – under which both small and medium
entrepreneurs could obtain co-financing for investments related to the use of patented inventions – or
inventions in the case of which an application for patent protection has been already filed – in the
course of their business activities. In addition, until the provision of support, such inventions could not
be used for profit-making purposes within the territory of the European Union . Entrepreneurs could
obtain support in the amount of up to PLN 20 million and maximally 50% of eligible costs. In 2013, a
total of 111 projects were granted support under this measure.
The new financial perspective for the 2014-2020 period puts greater emphasis on the development of
innovativeness. The key national operational programme focused on this area will be the Smart Growth
Operational Programme (SG OP), adopted by the Council of Ministers on 8 January 2014 (allocation
of EUR 8.6 billion). The main goal of the SG OP is to foster innovativeness and competitiveness of
Polish economy with increased R&D spending (in particular private spending). The most important
objectives of the Programme include:
− “idea to market” support for projects, i.e. support for the entire process of creation of innovation
(from an idea to commercialisation of R&D results),
− support for projects implemented in cooperation of science and business sectors, focusing
research on the needs of the economy,
− focus on smart specialisations i.e. the areas of the highest scientific and economic potential in
the country and in regions (e.g. projects connected with medical engineering technologies,
diagnostics, eco-innovations, innovative technologies and industrial processes, innovative
technologies and processes, products of the agricultural and food sector as well as of the wood
and timber sector),
− increased commercialisation and internationalisation of scientific research and developmental
works.
The programmes implemented with the participation of structural funds are not the only actions which
are intended to contribute towards the development of innovative enterprises. In 2013 the Polish
Agency for Enterprise Development (PARP) carried on the implementation of a number of programmes
financed from the state budget.
The objective of the Innovation Voucher programme is to stimulate micro- and small entrepreneurs to
undertake cooperation with scientific institutions and to provide assistance to entrepreneurs elaborating
or improving products (goods and services) as well as technologies. Within the framework of the
programme, it is possible to obtain support for services related to the implementation and development
of a product or technology provided by a scientific institution and aimed e.g. at the elaboration of new or
improvement of existing technologies or products of a given enterprise. A given entrepreneur may
obtain support in the maximum amount of PLN 15 thousand. In 2013, a total of 720 entrepreneurs
submitted their applications for a total amount of approx. PLN 10.8 million. Support agreements were
signed with 432 entrepreneurs for a total amount of about PLN 6.45 million. From the beginning of the
implementation of the programme, i.e. between 2008 and the end of 2013, support was granted to a
total of 2,471 entities, for a total amount of PLN 36.8 million. The Innovation Voucher programme has
been continued in 2014, with funds in the amount of approximately PLN 3.1 million earmarked for the
48
implementation thereof. As a result of the call for applications conducted at the turn of February and
March, in Q1 2014, a total of 467 applications were registered for the total amount of approx. PLN 6.9
million, i.e. 227.54% of the allocation. The applications filed were confirmed by 401 entrepreneurs, and
amounted for PLN 5.9 million. By 30 June 2014, 191 agreements were concluded for the amount of
PLN 2.85 million.
In addition, in 2013, PARP completed also the first (pilot) edition of the Support under the Grand
Voucher programme with the budget of PLN 2.08 million. Support is devoted to the strengthening and
development of cooperation between micro- and small entrepreneurs from the production sector and
scientific institutions within the framework of implementation of projects with a higher level of
technological advancement. The cooperation refers to the purchase from a scientific institution of a
service consisting in the development of a new product, a new design or a new production technology,
as well as in a significant improvement in a product or a production technology. The amount of support
per entrepreneur cannot exceed PLN 50 thousand. In the course of the pilot edition of the Programme,
as many as 133 applications were evaluated for the total amount of approximately PLN 6 million.
Support agreements were signed with 46 entrepreneurs for a total amount of about PLN 2.08 million.
The Support under the Grand Voucher programme has been continued in 2014, with funds in the
amount of approx. PLN 3 million earmarked for the implementation thereof. As a result of the call for
applications conducted at the turn of February and March, a total of 145 applications were registered for
the total amount of approx. PLN 6.3 million. The applications filed were confirmed by 142 entrepreneurs,
i.e. for PLN 6.2 million. By 30 June 2014, 67 agreements were concluded for the amount of PLN 2.89
million. Due to the impact this instrument has on stimulating and maintaining cooperation between
enterprises and scientific institutions aimed at the development of their innovative potential, it is planned
that the programme will be continued under the Smart Growth Operational Programme.
Another instrument continued in 2013 was the Grant Support programme. Its objective is to encourage
entrepreneurs to participate in international innovation programmes and to engage in cooperation with
the scientific community. Entrepreneurs who have submitted their project applications (as coordinators
or partners) in response to a competition announced under international innovation programmes and
who have obtained a positive formal evaluation of their applications may apply for support for the
purposes of covering the costs associated with the preparation and submission thereof. The amount of
support available for project coordinators is PLN 75 thousand, while partners participating in a project
may obtain up to PLN 35 thousand. In 2011, a total of 10 entrepreneurs have been granted support in
the amount of approx. PLN 317 thousand. In 2012, from among 19 applications for a total amount of
approx. PLN 632 thousand, the support was granted in 15 cases for the amount of about PLN 489,4
thousand. In the 2013 competition, a total of 35 applications for the total amount of PLN 1.6 million were
evaluated, while the support agreements were concluded with 29 entrepreneurs for the amount of PLN
1.3 million. In most cases, entrepreneurs applied for the reimbursement of project preparation costs to
the 7th Framework Programme for Research, Technological Development and Demonstration (44 out of
65 applications submitted between 2011 and 2013).
The growing interest and success of the projects indicate that there is a need to continue this
programme with a higher amount of funds made available as one of the instruments supporting the
internationalisation of Polish enterprises. Therefore, it is planned that it will be continued under the
Smart Growth Operational Programme.
In August 2010, the New Technologies Knowledge Base was made available to entrepreneurs
looking for domestic innovative solutions. The purpose of the knowledge base is to collect offers in the
area of technology, devices and specialised research services developed by research institutes and by
enterprises which were granted the status of research and development centres by the Minister of
Economy, and to make such offers available to enterprises. The purpose of the knowledge base is to
49
increase the transfer of new solutions to the economic practice. Entrepreneurs who cannot find an offer
meeting their expectations can enter queries about the technologies sought into the knowledge base. At
the end of 2013, over 50 profiles of institutes/research and development centres and about 107
technological offers were featured in the database. 36.
PARP continues also the activity of the Polish centres operating within the Enterprise Europe Network
(EEN). The Enterprise Europe Network has been operating since 2008, and until the end of 2014 it will
be financed in 60% under the Competitiveness and Innovation Framework Programme (CIP), and in
40% – from state budget funds under the multiannual programme called “Participation of Poland in the
Competition and Innovation Framework Programme in years 2008-2014”. Since 2015, the network will
be funded within the framework of the Programme for the Competitiveness of Enterprises and small and
medium-sized enterprises (COSME). Works are currently underway on the provision of domestic cofunding.
The activity of the Polish centres operating within the Enterprise Europe Network37 is an important
element aimed at increasing the level of innovativeness of Polish small and medium enterprises
(SMEs). Currently there are nearly 600 centres within the network in question, operating in more than 50
countries. In Poland there are 30 such centres.
Enterprise Europe Network provides free services to individuals planning to take up business activity as
well as to existing enterprises in the following areas:
1) information and advice pertaining to: EU law and policies, pursuing business activities abroad,
access to financing, technology transfer and the participation in programmes and projects
funded by the European Union;
2) support in the search for foreign trading partners through: supporting the participation of Polish
companies in fairs, trade missions and cooperative meetings as well as maintaining
a database containing offers of economic cooperation and making it available to entrepreneurs
and thereby allowing Polish SMEs to locate trading partners or to announce their offers of
cooperation;
3) providing answers to questions posed by entrepreneurs from EU Member States pertaining to
formal and legal requirements for the pursuit of business activity in Poland and informing the
representatives of foreign companies of the possibilities in terms of cooperation with Polish
enterprises and institutions;
4) services in the field of technology and knowledge transfer, including technological audits as well
as information and advisory measures pertaining to the protection of intellectual property. An
important part of the services in question is the technological offer database in which Polish
enterprises may publish information on the technologies under their control or on the need to
gain access to such technologies. English-language offers are available at the following
website: http://een.ec.europa.eu/services/technology-transfer;
5) supporting the participation of Polish companies within the 7th Framework Programme for
Research and Technological Development (until 2013), and from 2014 – within the Horizon
2020 programme.
The diverse scope of services provided by the Enterprise Europe Network centres makes it possible to
reach a large number of enterprises which, initially, are only interested in gaining access to legal
information or in the participation in cooperative meetings. In the course of further cooperation, the
centres are able to learn more about the needs of individual enterprises, making it possible to offer a
36
37
New technologies knowledge base available at www.innowacje.gov.pl
Contact information for the Polish centres operating within the Enterprise Europe Network is available at www.een.org.pl.
50
wider array of services available within the Enterprise Europe Network, such as performing technology
audits or placing the offer made by the company in the technological offer database.
From 1 January 2011 to 31 December 2013 a total of nearly 35 thous. entities, including over 33 thous.
enterprises, took advantage of the services rendered by the 30 Enterprise Europe Network centres
operating in Poland. The number of recipients of promotional activities amounted to over 3.8 million.
More than 6 thous. entities interested in making a purchase of new technologies or offering such
technologies were put in contact with each other. 1,208 technological audits were performed and a total
of 400 services pertaining to intellectual property rights were provided. It is also worth to mention the
“Warsaw for Business” project launched by the EEN in June 2014 (its partners include the Ministry of
Economy)38. Entrepreneurs may benefit from many services related, inter alia, to the access to foreign
markets, access to financial instruments, legal counselling or technology transfer. With such a rich offer,
it is often difficult to find an instrument which would best meet the expectations, needs and profile of a
given company. Business supporting institution jointly addressed the problem. The “Warsaw for
Business” project is an online map of free services available in the market, thanks to which a single
mouse click is sufficient for companies to find institutions specialising in areas of their interest.
Within the aforementioned multiannual programme called “Participation of Poland in the Competition
and Innovation Framework Programme in years 2008-2014”, support has been provided also for
national contact points informing about specific programmes and CIP financial instruments.
National Contact Points for the CIP Programme engage in the promotion of instruments and measures
performed within the framework of the CIP programme among potential beneficiaries in the course of
conferences/seminars/meetings, the preparation of information materials, the organisation of information
stands during nationwide business fair for entrepreneurs or support institutions and the dissemination of
the information in question using a variety of media channels. In 2013, the contact points organised 91
conferences, seminars, training sessions, workshops and information days on specialised programmes
under the CIP scheme, with approx. 4 600 participants attending. A total of 86 articles about the scheme
were published as well as over 3 300 consultations and pieces of information and advice (plus over 670
telephone and email responses) were provided to the potential beneficiaries of the programme. The
contact points established approx. 1,100 contacts with domestic and foreign industry institutions,
organised 58 information and promotional stands as well as prepared 108 promotional publications
issued in over 32 thous. copies. In 2014, the National Contact Point based at the Polish Bank
Association has still been operating. Its tasks include continuation of information and consultation
activities referring to the financial offer of the CIP programme available in Poland and addressed to
micro-, small and medium-sized enterprises, including new enterprises, as well as provision of
information regarding EU financial instruments offered within the framework of new EU programmes, in
particular COSME and Horizon 2020. Financial instruments offered within EU programmes constitute
important sources of support for the activity of enterprises.
Another tool supporting the innovativeness are tax instruments provided for in the Act on certain forms
of support of innovative activities. The goal of the Act is to increase the competitiveness and
innovativeness of the Polish economy through an increase in private sector’s outlays on research and
development, as well as on the improvement of the effectiveness of the management of public funds
allocated to R&D. The Act introduced the Research and Development Centre (RDC) status which,
according to the legislator, will contribute to the development of the private research and development
sector and an increase in the demand for R&D services by means of linking the Centre status with tax
incentives. The RDC status is granted to an entrepreneur recording at least EUR 1.2 million of annual
38
http://www.warszawadlabiznesu.een.org.pl/
51
revenues from sales of goods, products and financial operations, at least 20% of which must come from
the sales of research and development services or industrial property produced by the entrepreneur. An
entrepreneur who has been granted a research and development centre status is exempted from
property taxes (including agricultural and forest taxes) with respect to the property used for research
and development activities and is entitled to open an innovation fund financed by way of a monthly
contribution amounting to no more than 20% of the revenue of the given enterprise. Amounts
contributed to innovation funds constitute tax deductible expenses for RDCs, and must be disbursed
until the end of the fiscal year following the year during which a given deduction was made. This
mechanism allows to decrease the tax base on a one-off basis by subtracting fixed assets costs and
running costs before actually incurring them. Fixed assets financed from the innovation fund cannot be
amortised. Running costs financed from the innovation fund do not qualify as tax deductible expenses.
As of the beginning of June 2014, the Minister of Economy has granted the RDC status to 31
enterprises.
Another tax relief introduced by the act on certain forms of support of innovation activities is the tax
relief for the purchase of new technologies applicable to personal income tax and corporate
income tax. Every entrepreneur may benefit from this form of tax relief. This tax relief is available on
the condition that the new technology is useful for the purposes of the activities of the taxpayer as
described in their articles of association and that a scientific establishment (university, association,
research and development centre) issues a statement that the given technology is in fact a novel
technology. A given technology is recognised as new if it contains technological knowledge in the form
of intangible and legal assets or has been acquired on the basis of a contract that has not been applied
in the world for more than 5 years. 50% of the price of the new technology can be deduced from the tax
base. At the same time, the value of a new technology is fully amortised. Nevertheless, according to the
data of the Ministry of Finance, the interest in the relief is low and in 2013 it was even lower than in the
previous years. According to preliminary data, 75 taxpayers took advantage of that relief when
calculating the amount of CIT due for 2013, and the average value of deduction was PLN 4,090
thousand.
Table 11. Calculation of the tax relief for the purchase of new technology in the years 2007-2013
Year
2007
2008
2009
2010
2011
2012
2013
Personal
income tax (PIT)
Corporate
income tax (CIT)
Number of Average
tax
taxpayers
deduction amount
117
PLN 564
11
PLN 4,636
15
PLN 1,667
398
PLN 648
250
PLN 1,048
42
PLN 3,333
N/A
N/A
Number of
taxpayers
19
26
25
33
97
94
75
Average
tax
deduction amount
PLN 233,000
PLN 302,000
PLN 802,000
PLN 948,000
PLN 2,793,000
PLN 4,674,000
PLN 4,090,000
Source: Ministry of Finance, preliminary data for 2013
Moreover, in 2013 the Ministry of Economy launched a pilot project called Tech-Match Poland, which is
addressed to Polish innovative business searching for a business partner, investor or market in the
Silicon Valley. Polish companies (start-ups, small and medium enterprises, as well as large companies)
must have ready technological solutions (in the commercial phase) at their disposal, falling within the
framework of the results of the Technology Foresight for Polish industry – InSight2030 project and
document entitled the National Smart Specialisation, as well as technological demand of corporations
from the Silicon Valley. The implementation of the Tech-Match Poland project will allow Polish
52
entrepreneurs operating within perspective areas specified in the foregoing documents to undertake
cooperation making it possible in the future to raise investment capital or market a product in a foreign
market. During their stay in the Silicon Valley, companies participate in workshops that will help them
prepare presentations for American partners. During the so-called Demo Days Polish companies
present their technological solutions to representatives of corporations participating in the programme
and to investors. What is more, companies individually meet with interested partners.
The first edition of the Tech-Match Poland project, organised in December 2013, was participated by 10
Polish enterprises which met with representatives of corporations operating in the Silicon Valley,
including: SalesForce, Fujitsu, Singtel, Standard Chartered, British Telecom Group, Symantec, Belkin,
LG, Microsoft, Qualcomm, Amazon.com.
The second edition of the project, held on 24-27 June 2014, was attended by 17 corporations/funds
from the Silicon Valley: AT&T, SAP, Honda, Intel Capital, Sood Ventures, Docomo Capital, Atlantic
Bridge, GE Software, Panasonic, LG, Oracle, NEC, Sprint, ABB Technology Ventures, Telefonica,
Bayer Healthcare, BT, which declared a demand for technological solutions (wishlist), which confirm the
competitive character of the Polish industry.
Polish entrepreneurs may also benefit from programmes and projects of the European Space
Agency (ESA). Since 2012, Poland is a member of the ESA, owing to which Polish enterprises and
R&D institutions can get involved in the programmes implemented by this Agency. During the first 5
years of our membership in the European Space Agency (i.e. until the end of 2017), Polish entities are
covered by a special support programme, the aim of which is to adjust their capabilities in a way for
them to become able to take part in the ESA programmes and projects. Part of funds from the Polish
membership fee (45% of the mandatory annual fee) will be earmarked only for contracts for domestic
companies and research and development institutes. Enterprises may also apply for the remaining part
of the Polish membership fee in accordance with the general tender rules and procedures of the ESA.
In the first competition, announced in spring 2013, Polish enterprises and institutes submitted a total of
73 projects. As a result of a detailed analysis and evaluation carried out by Polish administration and
ESA, 35 of these projects were qualified for implementation. In this group, 69% of projects were run by
representatives of industry, and their value reached almost EUR 6 million. ESA assessed the Polish
industrial potential very positively. Another competition addressed to Polish companies was announced
in February 2014.
During the first year of membership in the ESA, the Ministry of Economy – in cooperation with PARP –
organised for entrepreneurs and scientific institutes a range of bilateral meetings with representatives of
space agencies and entities from other member states (including: Austria, Belgium, France, Germany,
Norway, Great Britain and Italy). In collaboration with ESA, many workshops, training courses and
meetings in various forms were offered to Polish entrepreneurs (in 2012 – 6 meetings for a total of 350
persons, in 2013 – 12 meetings for a total of 550 persons), and study visits at the premises of the
European Space Agency were organised for companies. An information brochure was prepared with
regard to the achievements, as well as scientific and industrial potential of the Polish space sector.
Analysis of the condition of innovativeness and challenges in this area outlined in the report indicate the
need to perform among other the following activities:
− identification of and support for areas and technologies with the highest growth potential;
− improvement in the condition of the innovation policy at the national level, as well as between the
central and regional levels;
53
−
−
−
−
−
−
−
−
2.5
development of an efficient system for technology transfer and knowledge commercialisation, as
well as its systematic improvement;
strengthening, at the regional level, of the innovation policy in favour of a comprehensive view of the
formation of innovation and transfer of technology in the region;
formation of pro-innovation attitudes among entrepreneurs, in particular those from the SME sector,
e.g. through educational programmes and initiatives aimed at the creation of a pro-innovative
organisational culture;
support for the mobility of scientists and economy personnel ;
rationalisation of the fiscal incentive scheme supporting the conduct of R&D&I activities;
development of the venture capital market, in particular in relation to investment in innovative
companies at an early stage of development (seed and start-up);
development of space industry in Poland, including support for the participation of Polish enterprises
in programmes of the European Space Agency;
development of social capital of an appropriate quality based on trust of all participants of the
innovation system.
Quality management
One of the sources of competitive advantage for enterprises operating in the global market is the
possession of commonly recognised certificates concerning such areas of activity as the provision of
quality and information security. A system determining global standards is, without a doubt, the system
of ISO standards.
The system of ISO standards may be used by most entities of national economy, which includes not
only enterprises, but also public administration units. The system may be adjusted to management
solutions of each institution and organisation, regardless of its size. The system of ISO standards is
successfully implemented by business entities, as well as local government institutions and central
administration bodies, and informs external recipients about the reliability and solid character of
provided services.
The group of basic ISO standards includes:
1. ISO 9001 – international standard setting out the requirements of a quality management system in
an organisation.
2. ISO 13485 – quality management system regarding medical devices, elaborated in conformity with
requirements of the ISO 9001 system.
3. ISO 14001 – specifies global standards for environmental management systems and mitigation of
impact on the natural environment.
4. ISO/TS 16949 – describes standards for quality systems used in the automotive industry within the
global automotive industry. It is a unification of the American (QS-9000), German (VDA6.1), French
(EAQF) and Italian (AVSQ) standards.
5. ISO 22000 – describes a food safety management system for organisations in the food chain. It
combines the HACCP system and a system of good practice.
6. ISO/IEC 27001 constitutes a foundation of the world standard in the field of information and data
security systems.
54
According to ISO data39, at end of 2012, over 1.5 million of ISO certificates were issued in 191
countries, while in 2011 only 1.4 million certificates had been issued in 180 countries. An analysis of the
number of certificates issued in the years 2010-2012 allows to notice its growth. However, in 2011 a
visible decrease in the number of certificates was recorded (1.4 pp, approx. 21.3 thous. in absolute
figures). The decline resulted, above all, from a decrease in the number of ISO 9001 standards, which
were the most popular (3.5 pp, approx. 39.2 thous. in absolute figures). A high growth in the case of
other groups of norms was not able to change this trend due to a lower scale of impact of other ISO
certificates. Nevertheless, in 2012, the number of issued ISO 9001 certificates almost reached the value
recorded in 2010.
Like in 2011, China remains the leader in 6 out of 7 standard categories – except for ISO 27001
concerning information safety, in the case of which Japan is in the lead in terms of issued standards.
Moreover, a considerable part of certificates issued over the last two years were obtained by Asian
enterprises. It shows an ongoing economic change and a permanent increase in the significance of Asia
as an economic centre, in particular as far as production is concerned.
The first ISO certificate in Poland was issued in 1993 to ABB Zamech Zakłady Przekładni Sp. z o.o.
(currently MAAG Gear Zamech Sp. z o.o.) in Elbląg by the ISO certification centre. In several
subsequent years, the number of certificates grew very slowly. A fast increase in their number was
observed in the years 2003-2005. Until 2005, the number of certificates issued in Poland had been
continuously growing. The trend reversed for the first time in 2006, when the number of certificates
decreased by over 14% YOY. It is worth to highlight that in the following year, i.e. in 2007, their number
increased to over 10.9 thousand, i.e. above the value recorded in 2006. The growth in the number of
issued certificates persisted until 2009, when a record number was noted in terms of issued certificates
– their number increased to 15,532. In subsequent years, i.e. from 2010 to 2012, a decline in the total
number of certificates was observed. At the end of 2012, there were only 13,770 of them.
According to ISO data, certificates related to the ISO 9001 standard are the most popular in Poland. In
2012, there were 10,110 of them (decline of approx. 11% compared to the previous year). However,
since 2009 their number has been systematically decreasing. In 2012, an increase in the number of all
types of certificates (except for ISO 9001) was noted. The highest growth – of over 400% (a result of a
low base: increase from 2 certificates in 2011 to 10 in 2012) – took place in the case of ISO 50001. A
significant increase in the number of certificates was recorded, inter alia, with regard to ISO 13485 –
25.3% (increase by 39 certificates) – and ISO 27001 – 19.74% (increase by 46 certificates). The highest
growth in the number of issued certificates was noted in the case of ISO 14001 – it increased by 114
certificates (6%).
39
The ISO Survey of Management System Standard Certifications (2012)
55
3. INSTITUTIONAL ENVIRONMENT OF ENTERPRISES
3.1
Regulatory environment
In 2013 and at the beginning of 2014, activities were continued in the area of improving the regulatory
and the institutional environment of business to ensure stable conditions of functioning of entrepreneurs
that will foster their development. The actions undertaken had a comprehensive character, meaning that
they included actions aimed at improving the law-making system itself, including actions fostering
dialogue with entrepreneurs in this process, as well as legislative (deregulatory) actions implementing
specific facilitations and simplifications in the legal acts regulating the processes of running business in
Poland.
3.1.1. Non-legislative actions
Standardisation of Impact Assessment form templates
1 January 2014 marked the implementation of standardised specimens of documents connected with
the Impact Assessment process: the Regulatory Test, the Regulatory Impact Assessment (ex ante), the
Assessment of Functioning of an Act (ex post Regulatory Impact Assessment) – along with the
Resolution No. 190 of the Council of Ministers of 29 October 2013 – Rules of Procedure of the Council
of Ministers. The documents are complementary towards each other. They contain a similar set of
information gathered in the course of the entire social and economic impact assessment process but
differ in terms of the level of detail which depends on the stage of works.
The standardisation of the forms will allow organisation of works preceding the preparation of the draft
legal act as well as will ensure that the documents being prepared which will be the basis for regulatory
decisions are of comparable quality.
Popularisation of revision of the applicable law (ex post Regulatory Impact Assessment)
In accordance with the new Rules of Procedure of the Council of Ministers adopted on 29 October 2013,
a new element of the procedure was introduced, i.e. assessment of the functioning of an act, the socalled ex post Regulatory Impact Assessment (RIA), which will be performed in the following cases:
1) The Regulatory Impact Assessment is requested by the Council of Ministers or its subsidiary
body;
2) The obligation to perform the ex post assessment results from the regulatory test of the
assumptions of the draft act or the RIA of the draft act, adopted by the Council of Ministers;
3) A member of the Council of Ministers can prepare the assessment on their own initiative.
The Ministry of Economy has been reviewing the applicable regulations of the economic law since 2009,
the aim of which is to identify these regulations which are not effective in practice as well as to develop
solutions adjusted to expectations and market challenges.
Development of guidelines on carrying out the Impact Assessment
An inter-ministerial team coordinated by the Ministry of Economy has commenced works on the
Guidelines on carrying out the Impact Assessment as part of the governmental legislative process. The
document will constitute a guidebook on the Impact Assessment process, i.e. the analytical process of
gathering information on potential impacts of projected solutions to social and economic problems,
including the impact on conditions of pursuing business activities. The guidelines will contain standards
that must be followed to ensure high-quality regulations as well as practical tips on the preparation of
individual documents which accompany the Impact Assessment, supplemented with specific examples.
The document will integrate the so-far applicable recommendations for the Regulatory Impact
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Assessment and public consultations in the legislative process as adjusted to new legislative standards,
in particular the new Rules of Procedure of the Council of Ministers.
Preparation of an in-depth impact analysis of projected solutions on the SME sector
The Ministry of Economy, in cooperation with the Polish Agency for Enterprise Development, launched a
pilot project concerning the implementation of the so-called SME test, i.e. a thorough analysis of the
impact exerted by the projected solutions on the small and medium enterprises sector as part of the
Regulatory Impact Assessment. 2013 marked the preparation of an in-depth impact analysis for
assumptions of a draft act on facilitating business activity, i.e. the 4th deregulation act. The activities
performed in 2014, in turn, will include conducting of a thorough impact analysis of the act amending the
Act on Public-Private Partnership.
Release of a pilot on-line consultation system
Starting from March 2013, there has been an on-line consultation system functioning at the Ministry of
Economy, consisting of the Legislator Application and the Web Portal (www.konsultacje.gov.pl). It is an
innovative project involving an electronic public consultation platform which increases the transparency
of the legislative process and facilitates the participation of stakeholders, in particular of entrepreneurs,
in the law-making process with the use of the Internet. The platform allows for consultation of draft legal
acts but also of other government documents such as positions on the EC communications,
programmes, or ex post assessments. Since April 2014, the consultation system has been piloted by
the Government. In the system, there are posted not only projects of the Ministry of Economy but also
chosen initiatives (e.g. of significant public interest or controversial) from 5 other ministries: Ministry of
Administration and Digitisation, Ministry of Finance, Ministry of Labour and Social Policy, Ministry of
Justice and Ministry of Health.
Further plans include integration of other ministries into the on-line consultation system in order to
facilitate the participation of stakeholders in the legislative process, including micro, small and mediumsized enterprises. Completion of works is planned for the 4th quarter of 2014.
Development of a mechanism of consultations and carrying out works on EU draft legislative
acts
A mechanism of consultations and carrying out works on EU draft legislative acts has been developed
at the Ministry of Economy. The main objective of the mechanism is to standardise the system of
cooperation between the administration and external stakeholders in the context of negotiations
concerning draft legislative acts of the EU as well as to organise works on the EU legislative proposals.
According to assumptions, the mechanism will be applicable since the official presentation of a draft
legislative act of the EU by the European Commission and forwarding it to the EU Council and the
European Parliament (the formal launch of the decision-making process) through the whole negotiation
period until the completion of legislative works on the EU level. Nevertheless, it will be essential to take
actions already at the stage of announcement of works on the draft legislative act by the European
Commission.
Team for Improvement of Economic Regulations
In 2013, the works were continued by the Team for Improvement of Economic Regulations, established
under the Ordinance of the Minister of Economy of 23 May 2012. The Team consists of members
designated by representative employers’ organisations and organisations representing legal community.
The aim of the Team is to obtain opinions of social and economic partners as to the legitimacy of certain
legal solutions, and new proposals on solutions fostering development of entrepreneurship.
Team for Systemic Solutions in the field of amicable settlement of business disputes, thereby
facilitating the pursuit of business activities
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The Minister of Economy and the Minister of Justice constituted a Team, the aim of which is to support
legislative and non-legislative activities related to the development of amicable methods of settling
business disputes. The tasks of the Team include, i.a. the assessment of the required changes in law as
regards amicable methods of settling business disputes and the preparation of recommendations on
legislative changes in this field as well as the preparation of recommendations on non-legislative actions
aimed at dissemination of amicable methods of settling business disputes. The Team is composed of
practitioners and theorists of law who settle business disputes on daily basis.
3.1.2. Legislative actions
The Act of 16 November 2012 on Reducing Certain Administrative Burdens in the Economy (Dz. U.
[Polish Journal of Laws], item 1342) entered into force on 1 January 2013. Its aim is to reduce payment
gridlocks as well as to restrict unnecessary disclosure requirements. It is particularly favourable for small
and medium-sized enterprises which do not receive payments from their contractors within the specified
deadline. The Act increases also the transparency in administration operations.
The regulations adopted abolishes the obligation concerning the payment of VAT by small taxpayers (in
cash accounting) if the counter-party (who is an active VAT payer) does not pay for the goods or
services delivered. In order to strengthen the payment discipline in trade, the act limited the option to
recognise expenses which have not been, in fact, incurred by debtors as costs (the mandatory
correction of tax deductible expenses in the case of failure to pay liabilities). At the same time, as
regards entrepreneurs who pay their liabilities on time, the new law neither increases their obligations
nor reduces their rights. Furthermore, the act introduces certain changes in the use of so-called
allowance for bad debts – taxpayers who settled VAT on receivables which, in fact, they have not
received will be able to correct the output tax after the expiry of 150 days from the due date (currently –
180 days). However, it is important that as a result of making the procedure less formal, taxpayers will
able to take advantage of this institution automatically.
The new regulations provide for a shorter minimum real estate lease period (5 years instead of 10) as
well as make it possible to lease the right of perpetual usufruct of land and to change the parties to a
lease agreement during the principal period of the lease. In addition, they provide for determining the
value of the subject of re-lease at its market value.
The law allows tax succession of rights to conduct business in the event of conversion from a natural
person conducting economic activity into a company. It also foresees facilitations regarding excise duty.
The disclosure requirements imposed on entrepreneurs will be limited as well. The new regulation
according to which in certain situations the liabilities from PPP (Public-Private Partnership) projects are
not classified as public debt and public finance sector deficit will improve the legal certainty of such a
form of projects as well as contribute to its more common use by local governments.
In addition, the regulation introduced solutions to improve the transparency of operations of state
institutions – among other, the publication of interpretations issued by ZUS (Social Insurance
Institution), NFZ (National Health Fund), and KRUS (Agricultural Social Insurance Fund), and
specification of the scope of individual interpretations.
The act abolished the possibility of determining the supplementary tax amount due when, in the course
of an appeal procedure, a tax law case is returned to the first instance body. It means that if taxpayers
take advantage of available legal remedies, their legal situation will not deteriorate.
Implementation of further deregulatory initiatives
On 10 June 2014, the Council of Ministers adopted a draft act on Facilitating Business Activity prepared
at the Ministry of Economy. The draft act contains more than 40 solutions in the area of economic law
concerning problems signalled by enterprises, which concern nearly 30 Acts in total. The main
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assumptions of the draft act include reducing disclosure requirements, increasing the competitiveness
of Polish sea ports and cargo handling terminals, improving and making it easier for enterprises to
conduct trans-border trade, supporting the entrepreneurs’ investments and facilitating procedures
related to excise tax.
Introduction of the “two dates” principle for entry into force of business laws
On 18 February 2014, the Council of Ministers adopted a resolution on the recommendations in respect
of unification of entry into force dates of certain normative acts. The resolution was published in Monitor
Polski on 13 March 2014.
The resolution introduces a “two dates” principle, according to which regulations adopted by the Council
of Ministers, the Prime Minister, and the ministers, that define the conditions for business, should enter
into force only twice a year: on 1 January and 1 June. Thus, this rule covers government draft acts and
also implementing acts (ordinances) of the Council of Ministers, the Prime Minister, and ministers. With
regard to non-governmental bills, this rule is recommended as expressed in the position of the
Government on such a bill. In addition, the initiators of the bill conduct legislative works on the draft in
such a way so as the act or the ordinance could be announced not later than 30 days before the entry
into force of the said normative act.
The aim of the resolution is to improve the business framework, especially for micro-, small and
medium-sized enterprises. A limitation of the frequency of changes in legislation shall make it possible
for entrepreneurs to efficiently and rationally plan their business activities as well as to shorten the time
devoted for analysis of new regulations and for adapting to them, thus lowering the cost of business.
Act on the Standardisation of Specific Document Patterns
On 24 April 2014, the Sejm (the Lower House of the Polish Parliament) adopted an Act on the
Standardisation of Specific Document Patterns in Administrative Procedures. It will make it possible to
submit applications on-line in over 64 administrative procedures.
The new Act imposes an obligation to define and make available specimens of documents in electronic
form for specific administrative procedures. It will implement specimens of documents that will be
uniform in the entire country, especially as regards issuance of permits, entries in registers or issuance
of certificates. Standardisation of specimens of documents in administrative procedures will make it
possible to put them into an electronic form.
Specimens of applications will include requirements that must be met by entities as well as appendices
and any other data required in the course of a given procedure. Specimens of letters will be available at
the Central Repository of Electronic Specimens (CRWD) accessible through the electronic platform of
public administration services (ePUAP) as well as in BIP (Public Information Bulletin) of the authority
responsible for their preparation and at the web page of the Contact Point (ePK).
Standardisation and the electronic form of documents may generate savings of almost PLN 2 million a
year, including over PLN 1.3 million a year due to shorter time needed to look for the required form and
almost PLN 700 thousand savings on mailing them out. At the same time, the shorter application
examination procedure will speed up the start of business operations, which may lead to an increase in
revenues in the amount of PLN 232 million a year. The use of uniform and electronic specimens as well
as precise requirements will significantly reduce the number of requests to supplement missing
documents, thereby shortening the duration of procedures.
The Act on the Standardisation of Specific Document Patterns in Administrative Procedures is the first
stage of unifying administrative procedures associated with taking up and pursuing business activity in
Poland. It is also a continuation of activities being undertaken by the government to deregulate the
economy, simplify the legal environment, and create facilitations in pursuing business activity. Unified
specimens will be prepared by the Institute of Logistics and Warehousing in Poznań.
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Draft assumptions of a draft act amending the Act on disclosure of business information and
exchange of economic data were submitted to inter-ministerial and public consultations in June 2014.
The aim of the changes proposed is to create a common, inexpensive and efficient system for
exchanging information about payment history. The system will constitute an effective mechanism of
reducing the risks associated with business activity. Hence, the regulations concerning the basis for the
entry, verification of its credibility and expansion of the basis for deleting information from the registers
will be of key importance. Not less important – from the point of view of increasing the security of
turnover, and in consequence increasing the competitiveness of the economy – is completeness of
information. This means access not only to information about failures to meet their liabilities (negative
information) but also positive information, i.e. meeting the liabilities, as well as access to certain public
law information.
The optimal system should ensure efficient operation of registers at relatively low costs. The system
must also include effective mechanisms which will protect the rights of debtors. Therefore, the system
should be both sufficiently attractive and efficient to provide real support in recovering liabilities – for
creditors, and in the assessment of payment history – for potential contractors.
Currently, there are four business information bureaus operating on the market. As a result, we deal
with several co-existing systems and, in order to obtain full information, we need to use the services of
several entities. For the above reason, it is advisable to ensure the exchange of information between
the said bureaus and to provide the possibility of obtaining full information from all bureaus on the basis
of a single application.
The most important solutions recommended in the project include, among others:
− Obliging the business information bureaus to provide each other with their business information
as well as introducing a single application for disclosure of business information from all
bureaus, i.e. the so-called uniform application.
− Providing bureaus with access to information on certain public-law liabilities.
− Improving consumer protection by limiting the possibility of disclosing information on timebarred liabilities and preventing the disclosure of information on debts which have not been
confirmed with an enforcement title.
Business activity law
The preliminary analysis of functioning of the Act of 2 July 2004 on Freedom of Economic Activity (Dz.
U. [Polish Journal of Laws] of 2013, item 672) – hereinafter SDG, has indicated the need to develop a
new act which will strengthen guarantees of entrepreneurs’ rights, determine responsibilities of
authorities and systematise rules of undertaking and pursuing business activity. Thus, the main aim of
the planned new act is to create a specific set of standards which would be useful both for the legislator
(during development of new economic legislation), and administration authorities (while applying
provisions of certain acts and ordinances of the economic legislation). A further aim is inclusion of rules
developed by the Court of Justice in the legislation.
Deregulation of professions
On 9 May 2014, the Sejm adopted the Act on Facilitating Access to Practise Certain Regulated
Professions prepared by the Minister of Justice. It is already the second tranche of deregulation that
introduces facilitations in the access to 91 professions (1st tranche – introduced by the Act of 13 June
2013 on Amending Acts Regulating Certain Professions – concerned 51 professions).
Currently, works on the next, 3rd tranche of deregulation, concerning 108 professions, are underway.
The draft Act on Amending Acts Regulating Certain Professions was adopted by the Council of
Ministers in March 2014. The draft act is currently being debated by the Extraordinary Commission for
limiting bureaucracy in the Sejm. At present, public surveys are being conducted with the aim to obtain
from the citizens information about cumbersome regulations of professions that could be subject to
further works. At the present stage, it is not a legislative but a consultation project.
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The programme of deregulating certain professions will be accompanied by the ex post evaluation of
impact of the deregulatory process concerning the most important professions. On the basis of the
evaluation, the impact of the reform on prices, incomes and employment level will be examined. The
evaluation results may indicate the need to undertake corrective actions.
Draft assumptions of a draft Act Amending the Act on Enforcement Proceedings in
Administration and Certain Other Acts were submitted to inter-ministerial and public consultations in
August 2014. In the present legislation there are no complex solutions concerning the possibility to
publish public-law arrears and to publish this information free of charge.
The aforementioned draft assumptions provide for creation of a debtors register concerning public-law
arrears. The register will have the information (preventive) function consisting in providing entities
(entrepreneurs) with information about payment history of potential contractors. Access to the largest
possible amount of information and verification of reliability and credibility of the contractor have a
significant impact on improvement of business transactions security, support entrepreneurs in fight
against extortions as well as protect them from cooperation with unreliable business partners.
A search engine will be developed thanks to which people concerned could find information published in
the register, provided they know debtor’s identification data. Retrieval of information from the register
about the amount of public-law arrears of an entity will be free of charge and possible by certain criteria,
e.g. first and last name, company name or tax identification number of the entity.
3.1.3 Reporting obligations of entrepreneurs
A number of reporting obligations concerning all entities of the national economy are imposed by the
Public Statistics Act (Dz. U. [Polish Journal of Laws] of 1995, No. 88, item 439, as amended). According
to the Art. 30 of the Act, entities are obliged to:
1) have an identification number in the National Official Register of Business Entities (REGON) and
use it while providing information for statistical purposes,
2) apply in the records, documentation and accounts kept classification standards determined on the
basis of the Art. 40 of the aforementioned Act,
3) provide once, systematically or cyclically information and statistical data free of charge, concerning
the business activity conducted and its results in forms and deadlines and according to
methodological principles specified in detail in the statistical research programme on public statistics
or regulations issued on the basis of the Art. 31.
This regulation means that all legal persons, business entities without legal personality and natural
persons performing business activity have to provide statistical authorities with reports, to filling of which
they are obliged by the aforementioned regulations.
In 2013, the reporting obligations of entrepreneurs were specified by the Statistical research programme
on public statistics constituted by the ordinance of the Council of Ministers of 9 November 2012 on the
statistical research programme on public statistics for 2013 (Dz. U. [Polish Journal of Laws] 2012.1391,
as amended) It contained in total 243 research topics (in 2012 – 246, in 2011 – 237, in 2010 – 242, in
2009 – 230), of which 156 surveys conducted by public statistics services (Central Statistical Office
(GUS) and Statistical Offices) as well as research carried out by GUS in cooperation with ministries,
NBP [“National Bank of Poland”] and other central offices – 45 surveys, and research performed
individually by general or central government administration authorities – 42 surveys. Compared to the
previous year, the following new surveys have been included in the programme: air emission accounts,
prosperity, payment services, urban audit, and system of units for social research. In 2013, a number of
cyclical research was conducted at pre-defined intervals (every two or more years), e.g.: cooperation,
management and information activities of chosen NGOs, accidents at work and work-related health
61
problems, healthcare in households, farm structure survey, input-output balances at current basic
prices. Compared to 2012, 16 surveys have not been included in the programme. The main reason for
that was cyclicality of the research. Other surveys have been reduced, included in other research or
further conduct of them has been given up.
The Ministry of Economy carried out 10 statistical research on public statistics in 2013. It was another
year, when reduction of research conducted was continued. After a significant reduction in 2012 of the
scope of the specialist statistical survey in the steel industry, further conduct of this survey was given up
in 2013. A decision to gradually limit, starting from Pbssp for 2015, the specialist statistical survey in the
coke industry was made. The first stage consisted in reduction of the frequency of forms, from monthly
to quarterly. Moreover, the Ministry of Economy increasingly uses in statistical research data from
administration systems, in order to reduce the burden on the respondents of filling in statistical reports.
According to the authorisation contained in the Art. 31 of the Public Statistics Act, an ordinance of the
Prime Minister on determination of report form patterns, explanations how to fill them in as well as
questionnaire and statistical survey patterns used in statistical research specified in the statistical
research programme on public statistics is published every year. It contains over 400 patterns of forms,
questionnaires and statistical surveys.
Data provided by business entities in terms of statistical research are made available by the Central
Statistical Office, mainly via web page of the Office, using public statistics databases and -banks. The
most popular include: Local Data Bank – publishes information on the lowest possible level (town,
commune, district, sub-region, province or region), Foreign Trade – presenting data on trade turnover
according to Combined Nomenclature CN, Statistical Geography Portal – used to present data acquired
in census surveys in spatial aspects, and STRATEG system.
In 2013, the President of GUS commenced works on amendment to the current Public Statistics Act of
29 June 1995 (Dz. U. [Polish Journal of Laws] of 2012, item 591, as amended). The main issues in the
current version of the draft amendment include: more precise determination of regulations authorising
public statistics services to process personal data by adding a new chapter concerning in its entirety
access of statistics to personal data, authorisation of public statistics services to collect personal data
directly from natural persons, extension of guarantee of free and timely access of public statistics
services to administrative data sources, giving up the present mode of determining form patterns by
ordinances of the Prime Minister and substituting it with a new form specifying data collection scope. In
the project, the concepts of statistical data, identifiable individual data and unidentifiable individual data
have been introduced.
3.1.4. Tax system
State tax policy is a crucial area in the business environment. It greatly influences the activity of
entrepreneurs through the level of tax liabilities as well as quantity, quality and changeability of
regulations in this field. Amendments introduced in tax regulations or entered into force between
06.2013-06.2014 are presented below.
Tax Ordinance Act
The Act of 26 July 2013 Amending the Act on VAT and Certain Other Acts (Dz. U. [Polish Journal of
Laws] of 2013, item 1027) extended in the Act – Tax Ordinance the catalogue of entities accountable as
third parties due to inclusion in the VAT Act of the principle of joint and several VAT liability of
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purchasers of certain goods due to tax arrears of suppliers. These amendments were introduced on 1
October 2013.
The taxpayer referred to in Art. 105a of the VAT Act is jointly and severally liable with all its assets for
tax arrears of the entity supplying goods to the taxpayer within the scope and according to the rules
determined in provisions on value added tax (Art. 117b § 1 of the Tax Ordinance Act). The Art. 117b § 2
of the Tax Ordinance Act indicates that the purchaser will be liable only for tax arrears of the supplier.
The purchaser will not be liable for default interest calculated on these arrears (before the decision
stating the liability) nor for enforcement costs due to enforcement of the arrears. With regard to the
above regulations, a standard was introduced according to which it will not be possible to issue a
decision on tax liability of the third party in the situation referred to in Art. 117 b § 1, if 3 years have
elapsed since the end of the calendar year in which the goods were supplied (Art. 118 § 1 of the Tax
Ordinance Act).
The Act of 12 July 2013 Amending the Payment Services Act and Certain Other Acts (Dz. U. [Polish
Journal of Laws] of 2013, item 1036) extended the Art. 61a § 1 in the Act – Tax Ordinance providing for
the possibility to pay local taxes with a payment card with any and all payment instruments. Also the
deadline for tax payment with a payment instrument on which electronic money is stored was adjusted .
Amendments to the Tax Ordinance Act put into effect on 7 October 2013 takes into account variety of
forms of payment instrument.
The Act of 30 August 2013 amending the Tax Ordinance, the Fiscal Penal Code and the Customs Law
(Dz. U. [Polish Journal of Laws] of 2013, item 1149) introduced on 15 October 2013 amendments to the
Tax Ordinance Act aiming at adjustment of the legal system to the judgement of the Constitutional
Tribunal of 17 July 2012, ref. No. P 30/11,40. The amended Art. 70 § 6 point 1 of the Tax Ordinance Act
makes the suspension (non-commencement) of limitation period of a tax liability due to institution of
proceedings on tax crime or offence, if the suspicion that a crime or offence was committed is
connected with default on liability – subject to notification of institution of such proceedings delivered to
the taxpayer by the tax authority. The tax authority having the jurisdiction over the tax liability with the
default on which the suspicion that a tax crime or offence was committed is obliged to notify the
taxpayer of non-commencement or suspension of the limitation period of the tax liability in the situation
referred to in Art. 70 § 6 point 1, not later than before the end of the limitation period referred to in Art.
70 § 1 and of commencement or continuation of the limitation period after the suspension period
elapses (Art. 70c of the Tax Ordinance Act). New information obligations of tax authorities are
performed also towards payers or payment collectors (Art. 71 of the Tax Ordinance Act).
The Act of 10 January 2014 Amending the Act on the Computerisation of the Operations of the Entities
Performing Public Tasks and Certain Other Acts (Dz. U. [Polish Journal of Laws] of 2014, item 183)
introduced on 11 May 2014 the following amendments to the Tax Ordinance Act:
1) introduction of legal basis for operation of a tax portal (IT system),
2) introduction of a possibility for tax authority to file for a permanent consent to deliver letters in an
electronic form,
3) introduction of a possibility to view case files in an electronic form,
40
In the judgement, the Constitutional Tribunal laid down that: “the Art. 70 § 6 point 1 of the Tax Ordinance Act of 29 August
1997 (Dz. U. [Polish Journal of Laws] of 2012, item 749) as amended by the Art. 1 point 58 of the Act of 12 September 2002
amending the Tax Ordinance Act and Certain Other Acts (Dz. U. [Polish Journal of Laws] No. 169, item 1387 and of 2007,
No. 221, item 1650), in so far as it has the effect of suspension of limitation period of a tax liability due to institution of
criminal proceedings or proceedings on tax crime or offence, about which the taxpayer was not informed within the deadline
specified in Art. 70 § 1 of the Act – Tax Ordinance, infringes the principle of protection of citizens’ trust in the state and its
laws arising from Article 2 of the Constitution of the Republic of Poland”.
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4) permit for the use of electronic copies of paper documents authenticated by the person submitting
the letter as its appendices (Art. 306d of the Tax Ordinance Act),
5) introduction of a possibility to grant power of attorney, summon to a hearing, submit explanations or
give testimonies in a tax treatment in an electronic form,
6) introduction of a possibility to issue certificates in a form of an electronic document (from 1 January
2016).
The aim of the tax portal will be to disseminate up-to-date and current tax information regarding
changes in the law, applicable interpretations of provisions and other information of a general nature as
well as information addressed to a specific taxpayer, e.g. approaching deadlines for submission of
required tax returns, deadlines for payment of tax liabilities, etc. To the beneficiaries of this institution
will belong taxpayers, payers, payment collectors, inheritors and third parties. Through the tax portal,
the taxpayer (payer) will be able to submit a tax return or an application, while the tax authority will be
able to deliver letters to the taxpayer (payer). The services on the tax portal will be made available
gradually.
The result amendments introduced in the Tax Ordinance Act by the Act Amending the Act on the
Computerisation of the Operations of the Entities Performing Public Tasks and Certain Other Acts will
include: increase in quantity and quality of services provided by electronic means as well as in their
availability to entities concerned, including entrepreneurs, faster performance of certain activities in the
proceedings conducted, savings in time that was previously spent on personal appearance in an office
as well as financial savings on the site of the citizen thanks to the possibility to handle formalities via
electronic means.
Income taxes
The Act of 15 April 2011 Amending the Accounting Act and Certain Other Acts (Dz. U. [Polish Journal of
Laws] No. 102, item 585) amended the acts on income taxes by adjustment of the definition of a
passenger car to the definition in the VAT Act. However, the Act of 7 December 2012 on the
Amendments to Certain Acts in Connection with the Implementation of the Budget Act (Dz. U. [Polish
Journal of Laws] of 2012, item 1456) postponed the entry into force of the adjustment change until 1
January 2014.
The Act of 15 June 2012 on the Effects of Delegating Work to Foreigners Residing Illegally on the
Territory of the Republic of Poland (Dz. U. [Polish Journal of Laws] of 2012, item 769), which entered
into force on 21 July 2012, amended the Personal Income Tax Act (hereinafter: “PIT Act”) and the
Corporate Income Tax Act (hereinafter: “CIT Act”) by excluding the possibility to classify remuneration
paid to an illegally employed foreigner as tax deductible expenses.
The Act of 16 November 2012 on Reducing Certain Administrative Burdens in the Economy (Dz. U.
[Polish Journal of Laws] of 2012, item 1342), which entered into force on 1 January 2013, amended the
PIT and CIT Acts by introducing beneficial for entrepreneurs changes to tax effects of lease agreements
and regulations aiming at fight against the so-called payment gridlocks.
In the field of leasing,:
- the required minimum duration of a real estate lease agreement was reduced from 10 to 5 years,
- conclusion of lease agreements on land perpetual usufruct rights was made possible,
- change of the parties to the lease agreement during the basic period of the lease agreement was
made possible,
- determination of the value of the subject of re-lease at its market value was made possible.
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Changes concerning preventing the so-called payment gridlocks consist in the obligation to make
adjustments of tax deductible expenses if the amount resulting from the invoice or another document is
not settled within 30 days of the due date specified by the parties, and when the payment term exceeds
60 days – if the amount resulting from the invoice or another document is not settled within 90 days
from classification of the amount as tax deductible expense. These regulations are based on the
ongoing construction of tax costs adjustment, that is in the month in which was the due date determined
in the provisions (reduction of tax costs) and in the month in which the invoice will be paid (increase in
tax costs).
The Act of 8 November 2013 Amending the Corporate Income Tax Act, the Personal Income Tax Act
and the Tonnage Tax Act (Dz. U. [Polish Journal of Laws] of 2013, item 1387), which entered into force
on 1 January 2014, limited joint-stock companies were included in the objective scope of the CIT Act.
According to the current legal status (before the entry in force of this change), the taxpayers of the
income tax were only shareholders of these companies.
The Act of 6 December 2013 on the Amendment to Certain Acts in Connection with Determination of
Principles for Old-Age Pensions Payment from Funds Collected in Open Pension Funds (Dz. U. [Polish
Journal of Laws] of 2013, item 1717), which entered into force on 15 January 2014, amended the PIT
Act by including payment amounts of an individual retirement security account, incl. payment to a
person authorised upon death of the saver, made under the Act of 20 April 2004 on Individual
Retirement Accounts and Individual Retirement Security Accounts (Dz. U. [Polish Journal of Laws] No.
116, item 1205, as amended) in the flat-rate income tax of 10% of the revenue. Due to the implemented
amendment, the tax is withheld by the payer. Before the entry into force of the change, the amounts of
the aforementioned payment were subject to general principles of taxation, that is they were taxed
according to the tax scale.
The Act of 7 February 2014 Amending the VAT Act and Certain Other Acts (Dz. U. [Polish Journal of
Laws] of 2014, item 312), which entered into force on 1 April 2014, amended the PIT and CIT acts by
adjusting the definition of a passenger car to amended provisions of the VAT Act concerning the input
tax deduction from output tax made by entrepreneurs using motor vehicles for the purposes of the socalled mixed activities (that is both for business and private purposes). The change consists also in
introduction of general provisions concerning tax costs and revenues connected with the adjustment of
VAT resulting from the provisions of the VAT Act. Since in the income tax – in some cases – the Value
Added Tax results in increase in the initial value of a fixed asset (it happens when, according to
separate regulations, the VAT is not the input tax or when the taxpayer has no right to reduction of the
output tax by the input tax or repayment of the tax difference under the VAT Act), it became necessary
to implement regulations determining results of such an adjustment in the income tax. Implementation of
such a regulation will eliminate the necessity to make adjustments of a previously determined initial
value of a fixed asset.
Value Added Tax
From June 2013 until the present day, a number of amendments, consisting also in simplification, was
introduced to the regulations concerning the Value Added Tax. They result not only in reduction of
administrative burdens connected with performance of business activity but also in improvement of
liquidity of entrepreneurs.
The Act of 26 July 2013 on Amendments to the VAT Act and Certain Other Acts (Dz. U. [Polish Journal
of Laws], item 1027), which entered into force on 1 October 2013, implemented solutions aiming at
increase in efficiency of fighting tax frauds in the trade in certain sensitive products that was expected
65
by honest entrepreneurs who experience unfair competition on the part of entities participating in the
procedure of tax extortion, that is:
1) extending the scope of the reverse charge mechanism for trade in certain steel products (semifinished products), copper products (semi-finished products) and additional groups of goods
classified as waste, such as: paper and cardboard waste or recyclable metal, glass, paper and
cardboard materials (listed in the Appendix No. 11 to the VAT Act);
2) introducing tax responsibility of the purchaser for VAT liabilities of the seller if the supply covers
such sensitive goods as: certain steel products (not subject to the reverse charge mechanism), fuels
and unwrought gold – listed in the Appendix No. 11 to the VAT Act;
3) eliminating the possibility of quarterly settlement of VAT by taxpayers selling sensitive goods
indicated in point 2.
The aforementioned instruments met with approval of representatives of sectors to which these
solutions refer, because they will contribute to elimination of fraudulent entities from the market and thus
to improvement of performance of companies acting in a fair manner.
The Act of 7 February 2014 Amending the VAT Act and Certain Other Acts (Dz. U. [Polish Journal of
Laws], item 312) implemented on 1 April 2014 a comprehensive regulation on rules for deduction and
settlement of costs concerning passenger cars and other motor vehicles of maximum authorised mass
not exceeding 3.5 tonnes.
The Act implemented reduction of input tax deduction to 50% with regard to all expenses (e.g. purchase
of fuels for propulsion or other operating expenses) concerning passenger cars of maximum authorised
mass not exceeding 3.5 tonnes, intended for “mixed” use, that is both for purposes connected with
taxable business activity and for private purposes.
Full deduction is allowed only with regard to expenses connected with motor vehicle used by the
taxpayer solely for business purposes.
Full VAT deduction on motor vehicles used for business purposes only depends on determination of
usage rules by the taxpayer (excluding the possibility of the use for private purposes) that will be
additionally confirmed by driver’s logbook maintained by the taxpayer and submission of the information
about such vehicles.
On 1 January 2015, the Act of 7 February 2014 Amending the VAT Act and Certain Other Acts (Dz. U.
[Polish Journal of Laws], item 312) abolishes also the obligation to obtain certificate confirming payment
of VAT or no obligation to pay the tax due to import of the means of transport from another member
state (VAT-25).
Excise duty
With regard to the excise duty, the following amendments to the provisions of the Act of 6 December
2008 on Excise Duty were introduced in the period discussed:
The Act of 12 July 2013 Amending the Excise Duty Act (Dz. U. [Polish Journal of Laws] of 2013, item
939), which entered into force on 20 September 2013, implemented simplifications of the system for
taxation of coal products, among others:
1) elimination of excise duty on coal products at the earlier stage of trade; implementation of the excise
duty only at the last stage of trade in these products, when they are delivered to the final purchaser
of coal,
2) elimination of the obligation of all coal entities to maintain records of coal products; this obligation
applies only to coal agent entities selling coal products on the territory of the country to the final
purchaser of coal or using the products for own purposes.
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The Act of 27 September 2013 Amending the Excise Duty Act (Dz. U. [Polish Journal of Laws] of 2013,
item 1231), which entered into force on 1 November 2013, with the exception of Art. 1 point 1 letter c
and point 6 which entered into force on 23 October 2013, implemented system for taxation of gas
products, among others:
1) adoption of a rule to impose the excise duty on gas products at the last stage of the trade, when the
products are delivered to the final receiver,
2) introduction of an extended list of exemptions from the excise duty in the trade in gas products, e.g.
for energy-intensive business,
3) introduction of exemption from the excise duty of losses of excise goods arisen by the final
purchaser of gas, unless the authority proves the products were used for purposes which are not
subject to the exemption,
4) exclusion from the obligation to apply the procedure of suspension of excise duty with regard to gas
products and production of gas products in a tax warehouse,
5) imposition of the obligation to maintain records only on the gas agent entity selling gas products on
the territory of the country to the final purchaser of gas and on the gas agent entity using gas
products,
6) introduction of regulations providing for the possibility to use the maintained records for purposes
other than excise duty, when they cover data required by the provisions of the Excise Duty Act.
In the Act of 8 November 2013 on the Amendments to Certain Acts in Connection with the
Implementation of the Budget Act (Dz. U. [Polish Journal of Laws] of 2013, item 1645), which entered
into force on 1 January 2014,:
1) the excise duty rates on ethyl alcohol, tobacco products and dried tobacco were changed,
2) the definition of dried tobacco was specified more precisely so that there is no doubt that the
moisture content in tobacco leaves does not determine the fact of imposition of excise duty on dried
tobacco.
Due to amendments to the Excise Duty Act, regulations greatly simplifying administrative obligations
were included also in the following ordinances of the Minister of Finance.
In the ordinance of the Minister of Finance of 17 June 2013 on excise products with regard to which tax
payers can apply a quarterly settlement period (Dz. U. [Polish Journal of Laws] of 2013, item 718) and in
the ordinance of the Minister of Finance amending the ordinance on specimens of tax return forms for
the excise duty, tax return forms on prepayment of excise duty and information about excise products in
a tax warehouse (Dz. U. [Polish Journal of Laws] of 2013, item 728) of 1 July 2013, a legal solution was
introduced that enables the taxpayers of the excise duty to apply a quarterly settlement period with
regard to coal products.
In the ordinance of the Minister of Finance of 16 September 2013 on the certificate of delivery, records
of excise products subject to the exemption from the excise duty due to their use, conditions and
manner of return and denaturants (Dz. U. [Polish Journal of Laws] of 2013, item 1108), the following
was introduced on 20 September 2013:
1) the period for which specification of certificates of delivery is prepared was extended to a quarter;
the electronic form of such a specification began to be allowed as well as preparing it separately for
each location in which excise products subject to exemption from the excise duty due to their use
are given out for relocation, and in the case of coal products – location in which they are sold,
2) submission to the competent Head of the Customs Office of the specification of certificates of
delivery in an electronic form was made possible,
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3) it was specified more precisely that the entry into the records of exempted products should occur
not later than on the next working day after the receipt of the exempted products (i.e. other than
Saturday or a public holiday, when the receipt of products takes place on holidays or non-working
Saturdays),
4) the obligation for the entities to maintain copies of records of excise products subject to the
exemption from the excise duty due to their use in a paper form was abolished,
5) instead of two specimens, one simplified specimen of the certificate of delivery of coal products
enclosing less data was introduced,
6) the number of copies of prepared certificates of delivery of coal products was reduced to two.
Local taxes
With regard to the real estate tax and the tax on means of transportation – the Act of 12 January 1991
on Local Taxes and Charges (Dz. U. [Polish Journal of Laws] of 2004, item 849), the ordinance of the
Council of Ministers amending the ordinance of 20 December 2013 on conditions of granting
exemptions from the real estate tax and the tax on means of transportation, constituting regional
investment aid (Dz. U. [Polish Journal of Laws] of 2013, item 1648) extended the duration of the aid
scheme until 30 June 2014 in order to enable local government units to still (that is after 31 December
2013) grant of exemptions from the real estate tax and the tax on means of transportation constituting
regional investment aid.
3.1.5 Controls and supervision over entrepreneurs
Basic regulations concerning the control of business activity of an entrepreneur are included in the Act
of 2 July 2004 on Freedom of Economic Activity (Dz. U. [Polish Journal of Laws] of 2013, No. 0, item
672). The Act determines among others principles and procedure of conducting the control as well as
obligations and powers of entities conducting the control and obligations and powers of the
entrepreneur during control activities.
Taking into account the large number of entities that could control entrepreneurs and difficulties with the
generalisation of the tendency in this respect, data of control proceedings of chosen institutions, in
particular the National Labour Inspectorate, treasury control offices, Trade Inspection and the
Office of Competition and Consumer Protection, are presented below.
Compliance with Labour Law, especially with provisions and rules of safety and hygiene at work are
supervised and controlled by the National Labour Inspectorate (PIP). In 2013, the inspectors of PIP
carried out ca. 89.8 thousand controls (by ca. 69.1 thousand employers who employed almost 4 million
people). Due to detected infringement of the provisions of safety and hygiene at work, over 314.5
thousand decisions, 1.4% more than in 2012, were issued.
In 2013, the inspectors issued 18 decisions ordering cessation of business activity or certain type of
activity (24 in 2012). This concerned mainly companies from the following sectors: industrial processing
(9), transport and warehouse management (4), trade in and repair of motor vehicles (2).
Apart from the decisions concerning safety at work, the inspectors issued in the reporting year almost
10.6 thousand decisions ordering payment of remunerations or other benefits provided under the
employment relationship. These decisions concerned receivables for 120.8 thousand employees at the
total amount of PLN 196.1 million.
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In 2013, 109 complaints against the decisions and 41 against decisions of regional labour inspectorates
were submitted to provincial administrative courts. Until the end of 2013, 42 complaints against the
decisions were handled, 30 of which were dismissed and 6 rejected (in 2 cases, the proceedings were
discontinued; in 2 cases, the legitimacy of the complaint was recognised). In the case of complaints
against decisions of inspectorates, 21 cases were heard (7 complaints were dismissed, 8 – rejected, in
one case the proceedings were discontinued, in 5 cases, the contested decision was overruled). In the
same period, 28 cassation complaints were submitted to the Supreme Administrative Court. Until the
end of 2013, 5 cases were heard (4 complaints were dismissed, 1 was discontinued). The Provincial
Administrative Court in Warsaw heard in 2013 34 complaints against decisions (in 3 cases) and
decisions of the Chief Labour Inspector (in 31 cases). In the same year, 30 complaints were handled
(28 decisions were overruled, 1 complaint was dismissed and 1 was rejected).
Illegal employment or other illegal gainful activity was discovered in 20.2% of entities controlled (in 2012
– 18.8%). Such cases were most frequent in the following provinces: Śląskie, Pomorskie and Opolskie.
The smallest number of such cases was discovered in the following provinces: Lubuskie, Dolnośląskie
and Podkarpackie41.
In 2013, Treasury Control Offices carried out almost 10.2 thousand controls in total42 – almost 0.2%
more than in the previous year. They concerned mainly areas identified as carrying the highest risk of
occurrence of tax irregularities.
As a result of the control, irregularities causing loss of tax revenues at the amount of PLN 6,446.7
million in total were identified, including findings for which decisions were issued that constituted the
amount of over PLN 6248.6 million. The value of identified irregularities was over 70.57% higher than in
the previous year. The average value per one control amounted to PLN 633.5 thous. in 2013 and was
70.25% higher than in the previous year.
Due to the control proceedings conducted, the taxpayers filed voluntary tax return adjustments,
increasing their tax liabilities by PLN 198.1 million. As a result of activities undertaken by the treasury
control, payment from the budget of a wrongfully requested VAT return at the amount of PLN 66.7
million was thwarted.
In the tax findings in 2013, VAT constituted 70.81% of total findings, CIT – 12.67%, Pit – 11.61%, and
the excise duty – 4.54%. Compared to 2012, the share of excise duty decreased by 2.82 pp and the
share of VAT decreased by 1.83 pp, while the share of CIT increased by 5.46 pp and the share of PIT
increased by 0.59 pp.
In 2013, the number of identified fictitious invoices increased, similarly to the previous period, from
153,714 to 154,645 (+0.61%). Their gross value increased significantly – from PLN 15,486.93 million to
PLN 19,712.77 million (+27.29%).
In order to protect entrepreneurs from unfair practices concerning distorted turnover records, another
edition of the “Take your receipt” action [“Weź paragon”] was carried out in 2013. 22,834 fines at the
total amount of PLN 5,460.1 thousand were issued (in the previous year, the values were similar –
22,867 fines at the total amount of PLN 5,230.7 thousand).
See Report on the National Labour Inspectorate’s activity in 2013, National Labour Inspectorate, Warsaw 2014
See Sprawozdanie z działalności kontroli skarbowej w 2013 r. [Report on the activity of the treasury control in 2013],
Ministry of Finance – Treasury Control Department, Warsaw 2014.
41
42
69
In 2013, the Office of Competition and Consumer Protection (UOKiK) carried out 301 cases
concerning general safety of products, 241 of which it completed. The most frequently controlled
products included: children’s clothing (81), bicycles (35), and blinds and roller-blinds (25). Out of 129
issued decisions, the President of UOKiK imposed 27 specified obligations on entrepreneurs and 19
fines.
In 2013, the UOKiK conducted 402 cases, within the confines of the conformity assessment system,
288 of which it completed. The largest group of products assessed included: toys (132), electronic
equipment (35) and machines (14). As a result, the President of UOKiK issued 266 decisions, 28 of
which consisted in imposition of obligations specified in the act on entrepreneurs.43
In 2013, provincial inspectorates of the Trade Inspection carried out 7,209 planned inspections to
the order of UOKiK. Most of them concerned agricultural and food products (2,770) and other non-food
products and services (2,096). In 2013, there were 18 nationwide inspections of agricultural and food
products conducted by theme. The aim of the inspections was to identify distortions regarding
foodstuffs. Also 11 thematic nationwide inspections of non-food products and services were conducted.
The Trade Inspection carries out tasks of the UOKiK regarding fuel quality control. In 2013, 945 fuel
samples (petrol and diesel oil) were controlled, 3.92% of which did not meet quality requirements.44 With
regard to liquefied gas (LPG), irregularities were detected in 2.14% of 513 samples taken. Taking into
account the results of inspections conducted in 2013, it should be noted that the quality of LPG in
Poland has deteriorated, while the quality of liquid fuels has improved, compared to the previous year.45
3.1.6 Labour law and social insurance
Although positive changes were implemented in the last year, among others: possibility to introduce an
extended settlement period of the working time, introduction of flexible working hours and of the
possibility to render services for foreign entrepreneurs on public holidays, entrepreneurs still see a
number of obstacles.
Especially worth noting are i.a. high taxes and social insurance contributions, too rigid for the current
level of economic development, labour law, mismatch between the education system and requirements
of the labour market, low effectiveness of public employment services.46
In 2013 and in the first half of 2014, the following amendments influencing the situation of entrepreneurs
were introduced to the provisions of the labour law:
• On 17 June 2013, provisions of the Act of 28 May 2013 Amending the Labour Code and Certain
Other Acts (Dz. U. [Polish Journal of Laws] of 2013, item 975) that extended the period of paid
leave connected with childbirth entered into force. Employees have now the possibility to take
maternity leave, additional maternity leave and parental leave, which is a new institution. The
total duration of all these leaves is 52 weeks in the case of giving birth to one child at a time,
and from 65 to 71 weeks in the case of multiple births (depending on the number of children
born at a time). Furthermore, legal solutions were introduced that enable parents of a child to
share the right to the additional maternity leave and to the parental leave. The amended
Based on: data of the Office of Competition and Consumer Protection.
The data presented pertain to control in terms of monitoring of the quality of liquid fuels.
45 Based on: data of the Trade Inspection.
46 Czarna lista barier dla rozwoju przedsiębiorczości 2014 [The Black List of Barriers for Business 2014], PKPP Lewiatan,
Warsaw 2014.
43
44
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provisions of the Labour Code provide also for the possibility to combine professional work with
the additional maternity leave and the parental leave if the working time does not exceed half of
the full-time work. The aforementioned rights apply only to persons having an employment
relationship.
• On 23 August 2013, provisions of the Act of 12 July 2013 Amending the Labour Code and the
Act on Trade Unions (Dz. U. [Polish Journal of Laws] of 2013, item 896) that implemented
changes to the working time entered into force. The most important changes include: possibility
to extend the settlement period of the working time to 12 months if it is justified by reasons that
are objective or technical or related to organisation of work; possibility to introduce flexible
working hours; guarantee of the right to the minimum remuneration for work for employees if
they have no right to remuneration in a given month because of the schedule of the working
time in the specific settlement period; regulation of the possibility to make the schedule of the
working time of a given employee in a written or an electronic form; decision that making up for
breaks at work for private purposes is not overtime work. Extension of the settlement period
and flexible working hours are implemented by a collective labour agreement or in agreement
with trade union organisations in a given company. If there are no such organisations in a given
company, the entrepreneur should arrange the content of the agreement with representatives of
the employees.
The data of the National Labour Inspectorate indicate that 901 entrepreneurs have introduced
flexible working hours since 12 May 2014. These are mainly medium-sized enterprises
employing from 50 to 249 persons (335). Small enterprises employing up to 49 persons
constituted a slightly lower share (249), while large enterprises employing over 250 persons
introduced these solutions least frequently (157). Enterprises from the following sectors:
industrial processing (37%), trade and repairs (17%) and construction (11%) use these
solutions most willingly. The largest number of companies implemented new provisions in
Katowice (151), Poznań (141), Rzeszów (73), Cracow (73) and Olsztyn (61).
• On 1 October 2013, provisions of the Act of 26 July 2013 Amending the Labour Code (Dz. U.
[Polish Journal of Laws] of 2013, item 1028) entered into force that implemented changes to the
unpaid childcare leave consisting in the so-called non-transferrable part of the leave – lasting 1
month – to which each of the parents or child’s guardians is entitled, and in the introduction of
the principle according to which the limitation period for the claim for holiday leave does not
start and the one started is suspended for the duration of the unpaid childcare leave.
• On 4 March 2013, provisions of the Act of 24 January 2014 Amending the Labour Code (Dz. U.
[Polish Journal of Laws] of 2014, item 208) entered into force. These provisions introduced
changes regarding working time, namely permit to perform work on Sundays and public
holidays consisting in rendering services with the use of means of electronic communication
within the meaning of regulations on providing services by electronic means, or
telecommunications equipment within the meaning of provisions of the telecommunications law,
received outside the territory of the Republic of Poland, if according to the regulations
applicable for the receivers of the service public holidays are in their country working days, as
well as ensuring the possibility to provide the above-mentioned services.
In the field of social insurance, the Act of 26 July 2013 Amending the Act on the Social Insurance
System and Certain Other Acts (Dz. U. [Polish Journal of Laws] of 2013, item 983) entered into force.
The Amendment to the Act change the rules regarding being subject to social insurance – during a
break in professional activity – due to child-raising. Due to objectives of the family-friendly policy and the
need to take care of the level of future benefits for people raising children, the group of persons for
which the state budget would pay contributions because they raise a child was enlarged. The main
amendment to the act consisted in the introduction of payment of old-age and disability pension
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insurance contributions from the state budget for persons pursuing non-agricultural business activity
who interrupt their professional work in order to bring up a child.
The National Employment Action Plan for years 2012-2014 (KPDZ/2012-2014) was adopted by the
Council of Ministers on 21 August 2012. KPDZ/2012-2014 includes tasks to be carried out in the next
two years. The two-year period for performance of these tasks derives from the dynamics of changes on
labour markets that simultaneously occur with regard to economic and social processes both at the
national and the global level. KPDZ/2012-2014 is a basis for performance of responsibilities of the state
in terms of employment promotion, mitigation of negative impacts of unemployment and stimulation of
employment. Implementation of KPDZ/2012-2014 should contribute to employment growth and
reduction of unemployment as well as increase in social, economic and territorial cohesion between
provinces and districts.
Box No. 2. The National Employment Action Plan for years 2012-2014 (KPDZ/2012-2014)
General objective of KPDZ/2012-2014 is to reach the employment rate among persons
aged 20-64 of 66.5% by the end of 2014.
2 priorities were specified for implementation of which activities included in KPDZ/2012-2014 are designed:
Priority No. 1: Adaptability of the labour market, through:
• effective implementation of all elements of the flexicurity model,
• activation of marginalised groups on the labour market (the youth, people 50+, women, the disabled, the
NEET group),
• support for creating new and better jobs, especially in sectors with high growth potential;
Priority No. 2: Strengthening the labour market services, through:
• improvement of provisions of labour market services,
• development of a flexible international labour market ensuring free movement of employees enabling
balancing shortages and surpluses of human resources.
Initiatives aiming at supporting the labour market will focus on creating and maintaining jobs and on
activities facilitating activation of the unemployed. In addition to tasks aiming at raising the quality of
human capital of working and unemployed people, activities designed for enhancing the quality of the
vocational training system as well as fostering the presence of disabled persons on the labour market.
Also activities designed for supporting persons whose position on the labour market is more difficult,
that is young and elderly people, are included in the KPDZ. Activities conducted with regard to this
group are undertaken in terms of programmes carried out both by district job centres and by Voluntary
Labour Corps (OHP). The Plan provides also for activities supporting entrepreneurs from sectors that
are particularly innovative and promising. Another group of activities that can be distinguished in the
KPDZ are activities aiming at modernisation of public employment services through developing and
testing new instruments and tools designed for enhancing their effectiveness as well as developing new
legislative solutions providing for improvement of their effectiveness.
On 21 November 2013, the Act of 11 October 2013 on Special Solutions to Protect Jobs (Dz. U [Polish
Journal of Laws] item 1291) entered into force along with implementing regulations of the Minister of
Labour and Social Policy:
- of 14 November 2013 on Granting Benefits for Protections of Jobs (Dz. U. [Polish Journal of Laws]
2013, item 1349),
- of 14 November 2013 on Subsidies from the Labour Fund to Costs of Training Employees Subject
to Special Solutions to Protect Jobs (Dz. U. [Polish Journal of Laws] 2013, item 1348).
The purpose of the new legislative solutions is to help the employers to maintain the employment level
in companies in difficulties and to facilitate adjustment of entrepreneurs to changing market conditions.
The new act, in force since 21 November 2013, allows financial support for entrepreneurs from means
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of the Guaranteed Employee Benefits Fund consisting in subsidies to remuneration of employees at risk
of dismissal, employed by entrepreneurs whose business conditions have temporarily deteriorated, as
well as enables entrepreneurs to use subsidies from the Labour Fund to costs of training employees
subject to economic standstill or reduced number of working hours as part of investment in human
capital. Financial aid provided for in the act is non-repayable and granted as de minimis aid. Means left
to the disposal of entrepreneurs in 2014 amount to PLN 204.6 million from the Guaranteed Employee
Benefits Fund and PLN 51.2 million from the Labour Fund.
As part of active forms of counteracting unemployment, job centres offer persons unemployed and
seeking employment a number of support instruments that help them develop their competences and
acquire professional qualifications. In 2013, over 198 thousand persons completed an internship by an
employer and over 84 thousand persons completed trainings.
According to the Art. 46 of the Act of 20 April 2004 on Employment Promotion and Labour Market
Institutions (Dz. U. [Polish Journal of Laws] of 2013, item 674, as amended), the district governor
(president of the city with district rights) can grant to an unemployed, an ex-participant of a social
integration centre or an ex-participant of a social integration club one-time means from the Labour Fund
to establish business activity – subsidy. The amount of the subsidy is limited to no more than six times
the amount of the average salary. In 2013, district job centres spent for such subsidies PLN 880.2
million for over 45 thousand persons from the Labour Fund (in 2012 – PLN 686.0 million for 40.1
thousand persons). The employment effectiveness of this activation form is 100%.
Another form of aid supporting creation of new jobs consists in reimbursement for entrepreneurs of
costs of workplace equipment or additional equipment designed for the unemployed. The amount of the
reimbursement is limited to no more than six times the amount of the average salary. The entity
receiving the reimbursement is obliged to employ in the equipped workplace an unemployed indicated
by district job centres for at least 24 months. Thanks to the reimbursement of costs of workplace
equipment or additional equipment, over 23.5 thousand persons were activated in 2013. The amount of
financial means spent from the Labour Fund for this purpose equalled PLN 455.2 million.
The Act of 14 March 2014 on Amendments to the Act on Employment Promotion and Labour Market
Institutions and Certain Other Acts (Dz. U. [Polish Journal of Laws] item 598) implemented solutions
aiming at improvement of the situation on the labour market, pertaining to:
• improvement of operation effectiveness of job centres, including: profiling types of aid for the
unemployed, individualising actions toward the unemployed, allowing outsourcing of activation
services, closer cooperation between district job centres and communes in relation to common
customers;
• introduction of new tools supporting creation of jobs and renewed employment of the
unemployed, including those returning to the labour market after a break connected with
bringing up a child, among others: grant for work, activation benefit, loan from the Labour Fund
to create a workplace or establish business activity;
• support for employment of young employees, among others: facilitation of obtaining work
placement through reimbursement of social insurance contributions for unemployed persons
aged under 30 starting their first job, exemption of employers who will employ unemployed
persons aged under 30 indicated by the job centre from the obligation to pay contributions to
the Labour Fund and the Guaranteed Employee Benefits Fund for these employers,
implementation of a package of solutions tested in a pilot project “Your career – Your choice”
[“Twoja kariera – Twój wybór”] (training voucher, internship voucher, employment voucher,
accommodation voucher);
• support for employers who employ unemployed persons aged 50+;
73
•
•
enhancement of the use effectiveness of means from the Labour Fund. This will be achieved
also thanks to solutions connected with the change of financing tasks and remunerations of job
centre employees which will be closely connected with the effectiveness, among others: taking
into account the operation effectiveness of job centres in distribution of means from the Labour
Fund to finance programmes supporting the employment promotion, mitigation of negative
impacts of unemployment and stimulation of employment in an algorithm, dependence of the
amount of means for remunerations of job centre employees on results of operation of job
centres, enabling (2015) the district governors to finance from the Labour Fund means
remuneration costs and social insurance contributions for newly employed persons in district job
centres in order to handle projects co-financed by the European Social Fund;
establishment of the National Training Fund (KFS) from the Labour Fund designed for financing
employees’ education and training.
In order to better adjust the policy in the scope of education and training to the needs of the labour
market, he Ministry of Labour and Social Policy undertakes actions to enhance labour market analysis
and forecasting tools. Provisions of the Act on Employment Promotion and Labour Market Institutions
oblige job centres to carry out labour market research, including the so-called monitoring of deficit and
surplus
professions (showing the excess or deficit of the unemployed in relation to job offers in a given
profession). In the last period, methodology of the monitoring was developed and enhanced. Also a
forecasting tool was prepared – IT system thanks to which it is possible to make a visualisation of
forecasting results on the basis of an econometric model and statistical data collected in a databank.
This tools allows generating forecasts for a given period, occupational group (according to the
Classification of Occupations and Specialisations for the purposes of the labour market), economic
sector or province. Carrying out scenario analyses is also possible.
Analysis of the regulatory environment and challenges in this area outlined in the report indicate the
need to perform among other the following activities:
− further elimination or change of regulations imposing excessive administrative, financial and
reporting burdens – made on the basis of systematic revision of law – with social partners and
based on results of measurements of administrative burdens,
− development of the Impact Assessment system, with particular focus on the SME sector, as well as
improvement of the process of public consultations and effective implementation of the community
law,
− costs reduction of establishing and transforming enterprises,
− simplification or ensuring transparency of the tax system, through among others rationalisation of
tax relieves, limitation of number of regulations concerning VAT and their simplification,
− support for development of human resources for an innovative and effective economy, through
among others engagement of the business environment in the lifelong learning system, promotion
and development of vocational education and training, improvement of management skills of
entrepreneurs, especially in the SME sector.
74
3.2.
Functioning of the judiciary
Commercial courts are an important element influencing the certainty of business operations. Essential
for entrepreneurs is among others efficiency of courts with regard to settlement of disputes. In recent
years, a number of actions has been undertaken in order to raise the effectiveness of pursuing rights
arising from agreements.
In 2013, similarly to 2012, an increase in cases received by common courts was noted, the amount of
which was over 15 million, that is 8.04% more than in 2012. 3.3% more cases were handled (14.6
million compared to 14.1 million in 2012). This means that the rate of handling the cases received
deteriorated compared to 2012 and amounted to 96.1. The rest of cases increased significantly – by
32.4%, and amounted to 2.43 million.
In 2013, 1,594 thousand business cases were filed to common courts which constitutes an increase by
10.4%. Compared to 2012, courts of every level noted an increase in cases received, while the largest
increase – like in 2012 – was noted by the Competition and Consumer Protection Court (by 187.6% –
while in 2012 this increase was 121.5% compared to 2011), and the lowest – by regional courts (by
7.2%). It should be noted that the percentage share of cases handled in the Competition and Consumer
Protection Court in the total amount of filed business cases constituted 1% in 2012. Now, this share has
increased to 3%.
District courts, in which business cases constituted 92.86% of all cases in 2013, noted an increase in
such cases by 8.4%. 1,448 thousand cases were handled, which was 8.6% higher than in 2011. The
total number of cases handled was higher in each of the courts analysed, while the strongest growth
characterised the Competition and Consumer Protection Court (167.9%). The rate of business cases
not handled increased by 21.1% in district courts.47
Chart 16. Received business cases by court category in years 2003-2013
IN TOTAL
1 800 000
appeal courts
1 600 000
regional courts
1 400 000
district courts
number of cases
1 200 000
1 000 000
800 000
600 000
400 000
200 000
0
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
Source: A study of the DSA MG on the basis of data from the Ministry of Justice.
As of 16 May 2014, there were 348 land and mortgage register divisions in Poland, including 117
branches of land and mortgage register divisions. The process of migration of land and mortgage
registers, that is transferring current registers to the IT structure, is still under way. Currently, registers of
47
On the basis of data from the Ministry of Justice.
75
313 land and mortgage register divisions are transferred, which constitutes 89.9% of all divisions.
Registers of 35 divisions have to be transferred still.
As of 1 June 2014, there are over 19.8 million of registers in the Central Database of Land and
Mortgage Registers, including over 15.3 million registered transferred to the IT structure. The number of
newly established registers in the “New Land and Mortgage Register” system [“Nowa Księga
Wieczysta”] amounts to 4.5 million. Still ca. 0.3 million registers have to be transferred. In each division
in Poland, land and mortgage registers have been kept in the NKW IT system since 1 October 2010.
Table 12. Received business cases in years 2006-2013
Detailed data
2006
2007
2008
2009
2010
2011
2012
2013
BUSINESS CASES IN
TOTAL
952,967
906,228
861,059
945,366
1,025,815
1,295,324
1,444,597
1,594,515
In appeal courts (2nd
instance) IN TOTAL
8,426
6,477
5,992
6,279
6,352
6,987
7,805
11,474
appeals
3,338
2,637
2,211
2,188
2,156
2,435
2,569
3,139
complaints
4,290
3,108
3,135
3,482
3,591
3,888
4,556
7,466
30
39
28
30
41
71
22
26
664
623
559
532
514
516
549
596
40
49
27
10
14
5
5
7
64
21
32
37
36
72
104
240
40,087
35,124
35,109
41,599
41,199
43,781
56,546
60,598
general
cassation complaint
(WSC list)
appeal to overturn the
decision as unlawful
(WSC list)
appeal against legal
proceedings (S list
[“Wykaz S”])
In regional courts IN
TOTAL
1st instance
contentious
non-contentious
payment-order and
writ-of-payment
insolvency
(WSC list) 1st instance
8,568
7,717
7,932
9,328
9,607
9,972
13,628
16,506
35
45
15
16
53
17
20
21
8,097
7,499
8,339
12,632
2,435
13,335
19,174
19,021
6
2
-
2
1
-
-
-
89
20
4
2
-
3
1
1
2nd instance
appeals
complaints
cassation complaint
(WSC list)
(WSC list) 2nd
instance
appeal against legal
proceedings (S list
[“Wykaz S”])
7,473
6,843
6,627
7,048
7,462
8,076
10,079
10,175
10,725
7,632
7,235
7,456
7,054
8,034
9,069
9,923
137
94
109
81
80
72
102
103
•
109
72
59
50
56
49
51
128
81
76
95
122
187
223
318
1st and 2nd instance
76
general
4,829
5,082
4,700
4,880
4,465
4,029
4,201
4,479
584
923
888
2816
4538
6,524
14,449
41,556
24
29
51
56
72
119
145
168
903,846
863,675
819,019
894,616
973,654
1,237,913
1,365,652
1,480,719
39,866
16,506
28,986
35,128
36,114
42,352
24,845
7,499
22,096
26,339
29,357
32,503
87,829
104,364
870
323
261
244
219
241
257
277
registration – in total
564,350
583,098
528,118
538,063
552,139
584,176
638,504
710,908
-Register of Pledges
-National Court
Register
-Other
payment-order and
writ-of-payment
general
129,847
124,561
106,661
97,881
97,614
97,682
92,864
92,529
434,503
458,537
421,457
440,182
454,525
486,494
545,640
618,379
169
x
x
x
x
x
x
x
239,779
199,156
211,183
262,916
324,638
544,455
597,323
603,239
22,905
20,822
20,169
21,554
20,260
23,096
27,850
46,192
1,474
1,260
1,331
1,712
2,247
2,680
3,240
4,287
1
x
x
x
x
x
x
x
9,579
7,133
6,854
8,638
8,662
8,401
10,615
11,447
-
-
-
-
-
-
-
-
8
35
21
22
18
9
34
5
Competition and
Consumer Protection
Court
Court for Community
Trademarks and
Industrial Designs
In district courts (1st
instance) IN TOTAL
contentious
contentious
simplified
non-contentious
judicial assistance
disqualification from
the practice of
business activity
from the scope of
insolvency and
recovery proceedings
cassation complaint
(WSC list)
(WSC list)
Source: Ministry of Justice
Legislative and organisational changes aimed at improvement of operation of commercial courts
The Act of 7 December 2012 Amending the Act on the National Criminal Register and Certain Other
Acts (Dz. U. [Polish Journal of Laws] of 2012, item 1514), the provisions of which entered partially in
force on 31 December 2012, and partially on 30 June 2013, provides registry courts, both at the stage
of the first entry of an entity to the National Court Register (KRS) and next entries concerning changes
in composition of bodies of the entity (management board, audit committee, supervisory board,
liquidator), with the possibility to obtain information from the National Criminal Register (via IT systems),
whether the person subject to the entry is not convicted of one of the offences referred to in Art. 18 § 2
of the Commercial Companies Code or whether there was no punitive measure specified in Art. 39 point
2 of the Penal Code imposed on that person. It should be noted that the court will also receive
information about entry of the person entered previously to the KRS to the National Criminal Register
(KRK) as person convicted.
77
The Act of 27 September 2013 on Amendments to the Act on Issuance of the Court and Economic
Monitor (Dz. U. [Polish Journal of Laws] of 2013, item 1323) abolished the obligation of the entrepreneur
to maintain editions of the Monitor in which there are announcements concerning the entrepreneur
published. This obligation became redundant due to introduction of the electronic form of the Monitor
and making its content available in an online IT system.
What is more, the ordinance of the Minister of Justice of 13 May 2014 on issuing and disseminating the
Court and Economic Monitor (Dz. U. [Polish Journal of Laws] of 2014, item 649), which entered into
force on 30 May 2014, implemented a change in the level of fees for publishing entries into the National
Court Register in the Monitor. The fee for publishing further entries into the KRS in the Monitor was
reduced by over 50%, that is from PLN 250 to PLN 100.
Under legislative works is among others the Draft Act on Amendments to the Code of Civil Procedure
and Certain Other Acts The primary purpose of the project is to improve, among others, hearing
business cases by courts and enforcement of entrepreneurs’ claims.
The Act on Amendments to the Act on the National Court Register and Certain Other Acts (Dz. U.
[Polish Journal of Laws] item 1161), adopted on 26 June 2014, improves and shortens the procedure
connected with establishing business activity by entities subject to entry into the register of
entrepreneurs of the National Court Register (KRS). Changes implemented by this act will result in
shortening the period needed to establish business activity by companies subject to the entry into the
KRS (by ca. 17 days), which will be an improvement of Poland’s position in a relevant category in the
Doing Business ranking of the World Bank. Also draft Assumptions of the Draft Act on Amendments to
the Code of Civil Procedure and Certain Other Acts (draft No. ZD96) is under legislative works. The
Draft Act reforms legal proceedings in cases for pronouncing the sample contract clauses to be abusive.
The assumptions of the draft Act on Amendments to the Commercial Companies Code and Certain
Other Acts were adopted by the Council of Ministers on 20 May 2014. Currently, a draft act comprising
two areas of regulations is being prepared on the basis of the assumptions:
I. Modernisation of the capital structure of the limited liability company through:
allowing the possibility to issue shares without designation of their nominal value (the so-called no par
value shares);
− making the institution of the share capital optional and abolishing the capital minimum;
− strengthening protection of company’s creditors by introduction of an obligation to carry out a
solvency test;
− introducing the obligation for the companies to create an supplementary capital designed for
covering future losses; the minimum amount of the capital will equal 5% of total liabilities of the
company, but not less than PLN 50 thousand; the company will be obliged to create this reserve
only when it generates profits, and the minimum deduction from the supplementary capital will
amount to 1/10 of the profits.
II. Extension of the possibility to establish, change and dissolve a general partnership, special
partnership or a limited liability company with the use of specimens made available in the IT system,
including:
− introduction of the possibility to establish a general and special partnership through the use of a
specimen agreement made available in the IT system;
78
−
introduction of the possibility to make amendments to the articles of association of a general
and special partnership as well as a limited liability company and their registration with the use
of a specimen made available in the IT system;
− reduction of court fees for an application for the first entry of the company, the articles of
association of which were concluded on the basis of the specimen published in the IT system,
and for the application for a change.
Furthermore, the above-mentioned draft proposes changes which will enable registry courts to enforce
from entities entered into the KRS obligations connected with submission of financial statements more
effectively. The draft act provides also for abolishment of the obligation to submit specimen signatures
to registration files, and for the possibility to use signature confirmed by the trusted e-PUAP profile while
submitting applications to the KRS by electronic means.
It should be noted that also projects in the field of computerisation:
− Information portals – the aim of the project is to enable entitled and authorised entities on the
basis of regulations of court procedures to access information about ongoing cases with the
participation of the user concerned via the Internet. The portals have been implemented in 11
appeal courts, 39 regional courts and 49 district courts.
− Portals of decisions – the aim of the project is to make decisions of common courts available in
the Internet. The portals have been implemented in 11 appeal courts, 45 regional courts and 60
district courts.
− Electronic Receipt Confirmation (MS EPO) – the aim of the project is to replace the Return
Receipt (ZPO) currently used in court correspondence with an electronic form submitted
through the IT system.
− Vortal – the aim of the project is to design and develop a court vortal and to implement the
above-mentioned products in all common courts in Poland and in the Ministry of Justice.
− E-payments – the aim of the project is to design and implement an IT system used for ePayments.
On 24 May 2013, the Sejm adopted the Act on Amendments to the Act on Land and Mortgage
Registers (Dz. U. [Polish Journal of Laws] of 2013, item 941). For entrepreneurs, the most important are
solutions consisting in introduction of the possibility to:
− submit via the IT system an application for issue of a copy of the land and mortgage register, of
an extract from the land and mortgage register and of a certificate of closure of the land and
mortgage register maintained in the IT system;
− print on one’s own the copy of the land and mortgage register, the extract from the land and
mortgage register and the certificate of closure of the land and mortgage register obtained from
the Central Information; printed documents have the status of documents issued by the court.
Works concerning development of an electronic, interactive application for entry into the land and
mortgage register and for establishment of a land and mortgage register are underway. Also technical
solutions are being developed the aim of which is to exchange data in form of electronic documents
between the land and building register and the land and mortgage register as well as introduce to the
New Land and Mortgage Register IT system functionality enabling comparison of data from the land and
mortgage register with data from the land and building register and from PESEL and REGON registers.
The analysis in the field of commercial courts and challenges in this area outlined in the report indicated
the need to carry out, among others, the following actions:
79
−
improvement of the system of commercial courts through, among others, making it possible to fully
use modern technological solutions in proceedings before courts,
− dissemination of arbitration proceedings in settlement of commercial disputes,
− further deformalisation and reduction of registration costs for limited liability and capital companies.
3.3
Financing business activity
As a result of the outbreak of the financial crisis in 2008, the banking sector in euro-zone countries
noted for the first time mass decline in the aggregate volume of credits provided for the non-financial
sector. The reduction of the scale of credit provided was also observed during the most part of 2009 and
is still dominating. According to consolidated data of NBP on a monthly basis, declines in this volume in
Poland (that is aggregated monetary receivables of financial institutions due to credits for enterprises,
households and non-commercial institutions serving households) occurred sporadically in the first half of
the last decade. In the period between July 2005 and March 2009, such declines did not occur at all.
They appeared again in the 2nd quarter of 2009 – they were stronger and occurred more frequently,
which broke the dynamic upward trend from years 2006-2008. The last longer period of monthly
increase in value of bank loans in Poland was the year 2011. At the beginning of 2012, frequent monthly
declines occurred again. Although the value of credits provided in May 2012 was a record value of PLN
794.58 billion, the growth of loans on annual basis amounted only to 1% by the end of the year. In 2013,
especially from the 2nd quarter, the month-on-month increase was more visible. Thanks to it, the value
of loans for the non-financial sector increased on annual basis by over 3.1% YOY, which was close to
the results in 2004. Compared to 2012, it is a stronger growth. Nevertheless, it is still much slower than
annual growths in years 2009-2011 (6.3% in 2009, 8.9% in 2010 and 13.6% in 2011), while growths in
2005-2008 amounted even to almost 40% YOY. However, modest recovery in 2013 – especially due to
lower lending activity in 2012 – can be interpreted as a forerunner of the return of a long-term upward
trend on the credit market for the non-financial sector. It should be noted that the recovery was based
on the growth of credits for households and non-commercial institutions serving households, not credits
for enterprises.
In unfavourable macroeconomic circumstances, the ratio of deposits to credits dropped in 2013 to the
lowest since the end of 2007 level of 103.1%. Contrary to credits however, the increase in the value of
deposits of the non-financial sector is to be derived mostly from the business sector, not households. In
2013, we were observing liquidity of banks on the one hand, which is a positive sign, and limited
investment readiness of enterprises despite improvement of their financial standing on the other hand,
which showed that foundations for economic recovery are still unsteady. This was one of the reasons,
why banking supervision recommended to banks at the end of 2013 to improve stability of their funding
sources and maintain strong capital base. In line with it is the decrease in foreign financing, including
liabilities towards entities of the parent capital group the importance of which dropped also in relation to
the balance sheet total last year.48
Low interest rates were not enough to increase the scale of funding investments of enterprises from
external sources. On the contrary – according to NBP surveys,49 expectations of further reductions of
debt interest lead to the situation in which during first three quarters of 2013 the percentage of
enterprises funding their investments with a bank loan was at a record low value (20.5%) and the
percentage of enterprises financing their investments with own funds – record high value (56.9%). The
Report on the condition of banks in 2013, Polish Financial Supervision Authority, Warsaw 2014
Quarterly surveys Information on the condition of the enterprise sector, including the economic climate, Narodowy Bank
Polski, Warsaw 2012-2013. In the sample predominate large enterprises.
48
49
80
probability of further reductions of interest rates was not lower in opinion of entrepreneurs until the 4th
quarter of 2013, when these indices reached 25.8% and 50.2%. This dynamics is in line with the trend
of growing importance of self-financing observed since 2007, which is the most important source of
means for investments of Polish enterprises. The percentage of enterprises financing their investments
with non-bank external sources was during the whole year below its average value from years 20092013 (i.e. 15.2%), while the percentage of enterprises acquiring funds from other sources lay at around
the average value (i.e. 9.9%).
It is worth noting that turning to bank funds in financing investments towards the end of last year was
most visible in the case of large companies in which it came to a break in the five-year trend of decrease
in significance of credits. In small and medium-sized enterprises, the upward tendency concerning the
percentage of entities financing their investments with own funds was holding.
3.3.1
Situation on the deposit and credit market
Changes in values of credits provided by banks to larger enterprises in the first half of 2013 were less
diversified, and in the second half – more diversified than the year before. Modest growth in the 1st
quarter of 2013, ended with a slight monthly decrease in April, is in a clear contrast to strong monthly
growths noted in the period January – May 2012 (excluding February). The 2nd half of 2013 was a
period of stronger changes of this value than in the corresponding period in 2012, but contrary to the
previous year these were mainly declines in the period July – December 2013. However, it should be
noted that monthly changes in the previous year were not lower than -1.9% in December and not higher
than 1.3% in June. Therefore, value of credits was, in fact, at a level close to the level from 2012. It is
reflected by the annual growth at the level of only 0.2% from PLN 244.08 billion to PLN 244.69 billion
(compared to growths by 2.1% YOY in 2012, 17.1% YOY in 2011 and decreases in years 2009-2010).
Nevertheless, it was the highest value of credits for larger enterprises noted at the end of a year so far.
Monthly dynamics of credits for micro-enterprises in 2013 was, in general, in line with the previously
observed pattern of slight declines in July and October, larger decline in December and increases in
other months. But the exceptionally strong growth in September 2013 at the level of 2% MOM was
contradictory to the rule of consistently slower increases in values of these credits during a given year.
Hence, the annual growth in 2013 turned out to be over 1 pp higher than in 2012 and amounted to
6.14% YOY. It was still significantly less than in years 2008-2011. Value of credits for natural persons
conducting economic activity amounted to PLN 54.34 billion at the end of 2013, compared to PLN 51.19
billion in the previous year.
Since Poland joined the EU, aggregated values of credits and deposits in the case of natural persons
conducting economic activity have decreased only once on annual basis – in 2007. From this
perspective, small enterprises are a more stable bank client base than larger companies, in the case of
which decreases in values of credits and deposits occurred more frequently in the last 10 years:
deposits declined twice (in 2007 and 2012), while credits – three times (in 2007, 2009 and 2010). What
is more, deposits of small enterprises have had rather moderate dynamics recently (excluding 2013),
while in the case of credits, increases in the category of natural persons conducting economic activity
are not only stable but also relatively strong, in general.
81
Chart 17. Deposits and credits of larger
enterprises in banks in years 2003-2013
Chart 18. Deposits and credits of natural
persons conducting economic activity in
banks in years 2003-2013
260 000
230 000
200 000
credits
deposits
55 000
45 000
170 000
credits
deposits
35 000
140 000
110 000
25 000
80 000
15 000
50 000
5 000
Dec. Apr. Aug. Dec. Apr. Aug. Dec. Apr.
03 05
06
07
09
10
11 13
Dec. Apr. Aug. Dec. Apr. Aug. Dec. Apr.
03 05 06 07 09 10 11 13
Source: A study of the DSA MG on the basis of data from the NBP.
Since the change of the presenting mode used by NBP for monetary receivables and liabilities of
financial institutions in March 2010,50 the largest group of credits provided to all enterprises are
constantly credits for current expenses that are a combination of two previously used credit categories:
in the current account and operating credits.
In the case of micro-enterprises, increase of the value of this type of credits was the fastest in 2013 – by
10.5% YOY, but slower than in the past few years. Nevertheless, their share in all credits for microenterprises still grew reaching 50.9% by the end of 2013 (48.8% a year before). In the case of large
companies, value of credits for current expenses decreased last year by 4.2% after an increase by 5.3%
in 2012. Therefore, their share in all credits returned to the level close to 2012, that is 42.2%.
After declines in value of credits for investments in 2012, an increase was noted in both groups of
enterprises in 2013 – by modest 1.2% in the case of natural persons conducting economic activity and
by 8.5% in the case of larger companies. These increases were significantly lower than two years
earlier, but the share of credits for investments in the group of larger enterprises still grew to the record
high level of 34.3%. In the group of micro-enterprises, the share of this type of credits in all credits
dropped last year to the lowest level since 2007 – 26%.
In view of changes in structure of credits in 2013, increasing significance of credits for current expenses
for natural persons conducting economic activity can be recognised as the most clear long-term
changes, as well as probably a certain convergence of shares of credits for current expenses and for
investments provided for larger companies.
50
See Detailed description of changes on www.nbp.pl
82
Chart 19. Credits provided for natural persons conducting economic activity, by category
PLN m
overdraft facility
for real estate
for investments
other credits and loans
28 500
24 500
20 500
16 500
12 500
8 500
`
4 500
Jan 05
May 05
Sep 05
Jan 06
May 06
Sep 06
Jan 07
May 07
Sep 07
Jan 08
May 08
Sep 08
Jan 09
May 09
Sep 09
Jan 10
May 10
Sep 10
Jan 11
May 11
Sep 11
Jan 12
May 12
Sep 12
Jan 13
May 13
Sep 13
500
The periodical survey of the Ministry of Economy conducted among companies from the SME sector51
shows that the percentage of enterprises using credits in business activity significantly grew in 2013. In
the previous year, such enterprises constituted ca. 30%, while during 2013 36-37% of surveyed
companies declared the use of a bank loan. The most popular type of credits was still credit in the
current account. At the same time, the percentage of enterprises applying for an investment and
working capital credit was in 2013 at a similarly low to 2012 level (ca. 12% compared to 30% in previous
years), while the credit application acceptance level was very high (66-75% compared to 63-66% in the
previous year). It can be a sign of increasing competences of companies in terms of assessment of own
creditworthiness on the one hand, and a higher selectivity towards projects financed with a credit due to
continuing uncertainty with regard to the economic situation on the other hand. First of these
hypotheses could be confirmed by the reduction of applications rejected due to lack of creditworthiness
(from 71% in the 1st half of 2012 to ca. 50% in the 2nd half of 2013). Reduction of the average credit
interest could have significant importance (from 10% in the 1st half of 2011 to 8% in the 1st half of 2013),
which improved the situation of borrowers. What is more, although micro-enterprises still pay higher
interest rates than small and medium-sized enterprises differences in credit interest for companies
diminished significantly in the 2nd half of 2013.
See Trendy rozwojowe sektora MSP w ocenie przedsiębiorców w drugiej połowie 2013 roku [Development trends in the
SME sector as seen by the entrepreneurs in the second half of 2013], Ministry of Economy (Strategy and Analyses
Department), Warsaw April 2014.
51
83
Chart 20. Credits provided for larger companies, by category
PLN m
123 000
overdraft facility
for investments
for real estate
other credits and loans
103 000
83 000
63 000
43 000
23 000
Jan 05
May 05
Sep 05
Jan 06
May 06
Sep 06
Jan 07
May 07
Sep 07
Jan 08
May 08
Sep 08
Jan 09
May 09
Sep 09
Jan 10
May 10
Sep 10
Jan 11
May 11
Sep 11
Jan 12
May 12
Sep 12
Jan 13
May 13
Sep 13
3 000
Over the last two years, an increase in companies financing their investments with a bank loan was
visible among companies surveyed by the Ministry of Economy. In the 1st half of 2013, 19% of small and
medium-sized enterprises financed their investments with a bank loan. In the 2nd half of the year, this
percentage dropped to 17%, however it was still significantly more than at the turn of 2011 and 2012
(12-13%). This was accompanied by a significant decrease in percentage of companies using their own
investment funds, from 71% in the 1st half of 2012 to less than 66% during 2013. After the increase in
popularity of leasing among companies surveyed between mid-2011 and mid-2012 (14 and 18% of
companies respectively), the percentage of companies using this source of financing investments
stabilised at the level of 8% during the last 18 months. 5% of enterprises surveyed used services of
guarantee and loan funds.52.
3.3.2
Leasing
Leasing is the second most popular external source of investment funding for Polish enterprises after
bank loans. Development of this market in Poland in the last decade can be divided into several stages.
In the period between Poland’s accession to the European Union and the beginning of the financial
crisis in the USA, this sector experienced rapid growth, reaching the annual growth rate at the level of
32% (50% in 2007 only). The growth slowed down to 1.3% YOY in 2008 (reaching a maximum of
several years of PLN 32.9 billion). In the following year, a fall in turnover by almost one third was noted
in the sector. In the next two years, values of financed assets grew significantly (by 19% in 2010 and
14% in 2011), thanks to which the Polish leasing sector returned to the pre-crisis scale of operations. In
2012, the sector stabilised – value of assets financed with leasing grew by only 0.3% YOY (that is by
PLN 83.5 million), reaching PLN 31.2 billion by the end of the year, which was still slightly less than by
the end of 2008. The growth deceleration seems to be one time slowdown in the context of the last
year’s rapid growth of the total value of assets financed with leasing by 13% YOY. As a result, the
sector reached the level of PLN 35.3 billion and overcame the barrier of 2008. Furthermore, dynamics of
52
In the survey of the Ministry of Economy, respondents could indicate more than one source of financing investments.
84
the sector increased on a quarterly basis during the whole year 2013 (from 1.3% YOY in Q1 to 30.2%
YOY in Q4).
Box No. 3. Leasing
Leasing is a civil-law contract, regulated by the Civil Code, under which the lessor transfers to the lessee
his/her right to use a certain good (fixed asset), the owner of which he/she is, in return for specified payments,
the so-called leasing instalments. The period of utilisation of the leased asset is precisely determined. The
lease agreement is comparable to a tenancy agreement in its form.
Leasing enables investments without significant capital expenditures because utilisation costs of the leased
assets are covered with current revenue of the company obtained due to utilisation of the asset. It gives the
company the opportunity to save financial means needed for the activity and investments.
Real interest on leasing is usually higher than on a bank loan. However, leasing offers a number of other
advantages, which, in practice, makes it cheaper than a credit. Advantages connected with the usage of this
form of activity financing include:
Tax advantages:
− in the operating lease, leasing instalments constitute total tax deductible expenses which results in
lower taxes paid;
− in the case of the capital lease, the customer amortises on his/her own the leased asset within the
duration of the lease agreement;
Balance advantages:
− operating lease is not included in the value of balance assets, so total assets do not change due to
increase in profit;
− operating lease is not shown as a liability in the balance sheet of the lessee, does not increase the debt
and helps to keep strong corporate image;
Improvement of financial results:
− the possibility to deduct leasing instalments for the purposes of the income tax results in improvement of
rates in financial statements;
Easier fixed asset management:
− the lease agreement concluded for a definite period of time makes it possible to precisely determine
principles of fixed asset management which is particularly important while establishing long-term
budgets;
Release of frozen funds:
− the leaseback enables release of frozen funds in the purchased equipment which very positively
influences cash flows in a company;
Simple and quick procedures:
− average performance time of the lease agreements – from the decision through signing the agreement
to receipt of the leased asset – lasts up to 7 days. In the case of a credit, this procedure lasts from 2 to 3
weeks on average.
In 2013, the trend of growing importance of financing through loans that had already lasted for several
years was maintained in the leasing business. The share of this form of financing grew steadily from
8.4% in 2010 to 14.4% in 2013. Popularity of the loan in the segment of machines purchase segment is
still maintained – in the previous year, its share in the total production of the Polish leasing market grew
by 0.1 pp to 33.3%, although the structure of loans has been undergoing essential changes in the last
years. Besides machines and devices, an increasing share in financing with loans have vehicles. The
share of these both groups of assets in financing with a loan by leasing companies amounted to 75.5%
and 21.9%, respectively, in 2013, compared to 85.1% and 10.3% in the previous year, while utilisation
of the loan in the real estate segment is still decreasing quickly. In 2013 – in contrast to 2012 – growth
in the turnover and the positive financial result of leasing companies was distributed more evenly. So, it
is evident, that the whole market has accelerated, not only some entities. Moreover, last year leaders in
this respect were – also in contrast to the previous year – the biggest companies in the sector belonging
to banking groups focused on financing large projects.
85
Table 13. Results of the leasing sector (in PLN million)
2012
Vehicles
Light vehicles
Trucks
Other vehicles
Machines
IT
Planes, ships, railway
Other movables
Movables in total
Real estate
Leasing in total
2013
16,857
9,682
6,363
812
11,132
554
920
295
29,758
1,468
31,226
20,721
11,222
8,346
1154
11,510
556
568
314
33,669
1,630
973,654
change
22.92%
15.90%
31.17%
42.12%
3.40%
0.40%
-38.24%
6.21%
13.14%
11.08%
13.05%
Source: Polish Leasing Association
Data of the Polish Leasing Association (ZPL) show that in the period between 2010 and 2012, utilisation
of leasing in foreign currencies was increasing. In 2013, it stabilised at the level of 26.4%. The growth
was caused mainly by lease of real estates, which is, to some extent, an alternative for foreign currency
loans which are less and less available. In the field of lease of movables, there is no such situation.
Therefore, financing in PLN dominates there.
Dynamics of the leasing market (due to the specificity of this financing form) can not only respond to
changes of general economic trends but also signal them in a way. As a result of basing the payment of
leasing instalments on projected future income and great importance of the so-called tax shield,
entrepreneurs show significant aversion to conclusion of such agreements during the economic
downturn, because they expect decrease in revenues and taxes payable. But when they expect the
same or higher future revenues, they are more willing to increase their production capacities thanks to
leasing. These are some of the reasons why the leasing market responded beforehand to the coming
economic downturn, that is already in May 2008. Although strong rally of the leasing market
commenced by the end of 2010 and continued in 2011 could be treated as a symptom of general
economic recovery, in 2012 business activity was rather being downscaled and the atmosphere of
expectation of situation development was present in most sectors. In 2013, both increase in the
production of the leasing sector (faster in each following quarter) and even distribution of the increase
between different entities indicated expected and lasting economic recovery.
With regard to annual leasing market indicators also regulatory changes are of great importance, of
course. The recent regulatory changes included implementation (from 1 January 2014) of the Euro 6
(VI) emission standard or the so-called legal loophole in regulations concerning VAT on purchase of
corporate cars. It is difficult to estimate importance of these factors in the decision-making process of
lessees, but increases in values of certain categories of leased vehicles definitely stand out in statistics
for 2013. For example, value of bus leasing grew by 55% last year, and of passenger car leasing – by
19% YOY.
In a longer period, the dynamics of the leasing market can be influenced also by the so-called 2nd
Deregulation Act (the Act on 16 November 2012 on Reducing Certain Administrative Burdens in the
Economy Dz. U. [Polish Journal of Laws], item 1342) which introduced certain facilitations with regard to
leasing procedures for entrepreneurs. The Act reduced the minimum required duration of a real estate
lease agreement from 10 to 5 years. It enables also leasing of the right of perpetual usufruct of land,
change of the parties to the lease agreement during the principal period of the lease as well as adopted
a method to determine value of an asset leased on a repeated basis based on its market value.
86
Factoring
The mechanism of factoring consists in buyout of not overdue receivables of enterprises, payable from
receivers due to deliveries of goods or services. The buyout is connected with other services, like
financing, enforcement of receivables or assumption of insolvency risk of receivers (non-recourse
factoring). Thanks to additional services in the offer and flexible formal requirements, factoring is an
alternative to popular funding forms. Especially for smaller companies, it is often the only available
source of working capital.
On the Polish market, non-recourse and recourse factoring can be distinguished. Non-recourse
factoring (called also factoring with risk assumption) consists in financing short-term receivables before
their due date and in assumption of insolvency risk of the debtor (receiver). This mechanism combines a
number of advantages of financing and insuring receivables. Whereas recourse factoring (called also
factoring without risk assumption) consists in financing short-term receivables before their due date.
A new product gaining popularity on the Polish market is the so-called reverse factoring. It is a quite
simple mechanism consisting in conclusion of an agreement between the producer and the factoring
company which covers costs of services rendered by the company. Starting from that moment, factor
pays for delivered goods to suppliers of the producer right away. Summing up: contractors receive their
money faster and the payment term for producer lasts over a dozen days. This is the opposite of the
classic factoring.53
Thanks to its dynamics, the Polish factoring market is becoming a significant market in Europe, which is
the world centre of factoring in terms of turnover value. According to data of International Factors
Group,54 due to turnover in 2013, the Polish factoring takes the 8th position in the EU and constitutes
8.42% of GDP, which is very close to the result in the Netherlands (8.94%)55.
Table 14. Statistics of the Polish factoring market
Year
Turnover
in PLN m
Share of the
domestic
factoring
Share of the
export
factoring
Share of the
import
factoring
Number of
customers
Number
debtors
2005
2006
2007
2008
2009
2010
2011
2012
2013
14,175
17,000
30,717
47,900
51,352
64,195
79,366
113,100
130,960
91%
87%
84%
78%
75%
76%
79%
79%
79%
6%
11%
15%
21%
23%
23%
20%
19%
19%
3%
2%
1%
1%
2%
1%
1%
2%
2%
1,400
1,600
1,608
2,031
1,702
3,210
4,106
4,706
5,438
35,000
38,000
49,024
47,913
47,805
76,943
81,653
89,204
106,445
of
Number of
financed
invoices
1,400,000
1,410,000
1,626,844
1,888,403
1,977,700
3,187,089
3,655,715
3,761,550
4,405,787
Source: Polish Factors Association
Like the whole financial market, the Polish factoring sector experienced effects of the crisis in 2009, but in
this case it was limited to decline in the turnover growth rate and did not cause market reduction56. After
increases in turnover of the factoring sector reaching even 80% YOY (in 2007), the increase dropped to
53
See Puls Faktor płaci kontrahentom (“Factor pays to the contractors”), Puls Biznesu, 21 May 2013
More information on: www.ifgroup.com
55 Data from: Global Industry Activity Report 2012, www.ifgroup.com
56 Although it should be pointed out that factoring companies that are members of the Polish Factors Association (the biggest
industry organisation in Poland representing ca. 3/4 of turnover of the whole market currently) noted an 8% decline in
turnover.
54
87
ca. 7% in 2009 and the number of customers decreased by 16%. In 2010, a return to dynamic
development was observed: the turnover increased by 25% per year, and in 2012 (after the adjustment of
results) – even 42%.In this context, the year 2013 was characterised by moderate growth – by ca. 16%
both in the case of turnover and the number of customers. These fluctuations of the dynamics did not
prevent from reaching very high average annual growth of turnover in 2005-2013 which amounted to
almost 34%, thanks to which the factoring market grew in this period over nine times.
The Polish Factors Association admits that the Polish market enters the maturity phase. Although the
market still shows stable and strong upward trend, it approaches the scale corresponding to the position
of the Polish economy in the European Union (6th position). Visible is also the correlation between the
economic situation and the timeliness of liabilities payment by entrepreneurs. Increased uncertainty on
the market has a significant impact on development of the factoring sector. Impact of this factor on
increase in factoring turnover is confirmed by rapid growths in the number of debtors in certain years: by
61% in 2010 and by 19% in 2013.
In Poland, this form of financing is particularly popular in the food and beverages sector. In 2013, factoring
was intensively used also in fuel and energy industries. Besides, it was widely used in electronics industry,
home electronics and household appliances, metallurgy, steel distribution, sector of spare parts and
accessories for cars, construction industry, chemistry and furniture manufacturing.
In 2013, the structure of the market in terms of factoring types did not change: share of the export
factoring in turnover of the whole sector was maintained at the level of 19%, and the import factoring – 2%.
3.3.5
Warsaw Stock Exchange
Warsaw Stock Exchange (WSE) is the biggest market of financial instrument in the CEE region57 in
terms of capitalisation of listed companies, value of trading in shares and volume of trading in derivative
instruments. The share of the WSE in trading in shares in the region increased from 50.1% in 2011 to
54.3% in 2012 and 58.5% in 2013, while in capitalisation of shares – from 44.2% in 2011 to 47.2% in
2012 and 49.1% in 2013.58 In spite of the economic downturn, Poland’s accession to the EU and
activation of the parallel market resulted in constant growth of number of companies listed on the WSE
since 10 years (even in the crisis year 2009, the number grew by 1%). By the end of 2013, the number
of listed companies amounted to 450, compared to 438 by the end of 2012. Since 2010, foreign
investors have been responsible for almost half of the value of trading in financial instruments on the
main market of the WSE, while in 2004 it was only 1/3. However, the activity of individual investors who
were engaged only in 15% of trading on this market in 2013 is decreasing.59
Value of stock-exchange turnover (that is market liquidity) is particularly significant in terms of
attractiveness and effectiveness of the stock exchange. It constitutes an important factor of
development of the WSE. Although the total value of trading on the WSE responds to changes in the
economic situation like other indices, it should be noted that this value seems to be particularly
unsatisfactory when looking from this perspective. Moreover, divergence of value of session trading and
of total value of trading has been present, since the stock exchange indices deteriorated in 2008. It
means that larger single transactions are of increasing significance on the WSE. These phenomena can
result from the already mentioned lower activity of individual investors on the stock exchange in Warsaw
and the increasing willingness of institutional investors to conclude OTC transactions. Among
institutional investor, the highest share in the value of trading – apart from market makers – have
That is Poland, the Czech Republic, Slovakia, Slovenia, Bulgaria, Romania, Austria and Hungary
According to annual reports of the WSE
59 Data from www.gpw.pl
57
58
88
investment fund associations (TFI) and open investment funds (OFE). As a matter of fact, this share
decreased in years 2011-2012, but in 2013 an increase in the activity of these entities on the stock
exchange was noted (in the case of OFE, probably due to the future legislative changes in the pension
system).
In April 2013, the WSE introduced a new UTP transaction system, which is significantly more efficient
than the previous one. In the 3rd quarter of 2013, the WSE expanded its operations into the field of
modern OTC methods of trading in financial instruments, commencing a series of purchases of shares
of a high-tech, pan-European and multilateral platform share trading platform of Aquis Exchange
Limited. This company develops a new subscription method of collection of transaction fees and new
types of orders. Since September 2013, the Warsaw Stock Exchange has been publishing new indices,
which will replace WIG 20 in the future.
Chart 21. Capitalisation of domestic companies listed on the WSE (in PLN billion)
Source: A study of the DSA MG on the basis of data from the WSE.
Table 15. Basic data on the stock market on the WSE
WIG index*
change YOY (%)
Number of listed companies
change YOY (%)
Number of newly listed
companies
change YOY (%)
Number of delistings
change YOY (%)
Total capitalisation (PLN
million)*
change YOY (%)
incl. capitalisation of domestic
companies
change YOY (%)
Value of session trading (PLN
million)
change YOY (%)
2005
35,601
34%
255
11%
2006
50,412
42%
284
11%
2007
55,649
10%
351
24%
2008
27,229
-51%
374
7%
2009
39,986
47%
379
1%
2010
47,490
19%
400
6%
2011
37,595
-21%
426
7%
2012
47,461
26%
438
3%
2013
51,284
8%
450
3%
35
38
81
33
13
34
38
19
23
-3%
10
11%
9%
9
-10%
113%
14
56%
-59%
10
-29%
-61%
8
-20%
162%
13
63%
12%
12
-8%
-50%
7
-42%
21%
11
57%
796,482
642,863
11%
-19%
542,646
446,151
29%
29%
206,857
250,589
24%
21%
424,900
635,909 1,080,257 465,115 715,821
46%
50%
308,418
437,719
44%
42%
90,567
161,960
64%
79%
70%
-57%
54%
509,887 267,359 421,178
16%
-48%
58%
230,959 160,358 166,696
43%
-31%
* as at the end of year
Source: WSE.
89
4%
734,047 840,780
14%
15%
523,390 593,464
17%
13%
187,555 220,153
-25%
17%
Year 2013 was the 7th year in which new stock market – NewConnect – functioned on the Warsaw
Stock Exchange. It is an alternative trading system addressed to investors interested in investing in
young, promising enterprises, mostly from high-tech sectors that due to their experience, size and
activity profiles do not meet requirements of the main market of the WSE.
Box 4. NewConnect market60
NewConnect is a market for companies:
− with high growth dynamics,
− with history no longer than 3-4 years or companies that start their operation and build their “history”,
− with expected capitalisation up to ca. PLN 20 million,
− looking for capital from several hundred thousand to several million zlotys,
− representing innovative sectors based mostly on intangible assets (e.g. IT, electronic media,
telecommunications, biotechnologies, environmental protection, alternative energy, modern services),
− with vision and probability of being listed on the stock exchange market in the near future.
NewConnect equals:
− a modern market financing dynamic enterprises,
− limited formal requirements (admission requirements and resulting from disclosure obligations),
− low costs of debut on the stock exchange and quotations,
− excellent exposure of the company to investors,
− prestige and reputation of the market maker,
− promotion and recognition of the company.
In terms of the number of listed entities, the NewConnect market has been still growing since its
creation. In 2013, 42 companies were newly listed on NewConnect (last year – 89, record number – 172
in 2011). Their total number grew from 429 to 445 (by 4%). The number of last years’ debuts on
NewConnect constituted 1/4 of all debuts on all parallel European stock exchanges. In this respect, only
the parallel market in London (68 newly listed companies) achieved better results than the Warsaw
market in 2013. It is worth mentioning that the Warsaw market noted the highest number of newly listed
companies among European regulated and parallel stock exchanges in the previous year.61 Decrease in
the number of newly listed companies was somewhat expected due to stricter provisions of the Rules
and Regulations of NewConnect concerning, among others, performance of private offers and strategies
presented in information documents, which was the case last year. Along with the number of listed
companies increases also the number of delistings. In 2013, it amounted to 25 (11 – in the previous
year), which constituted ca. 6% of the total number of entities (3% – in the previous year).
The increase in the number of listed companies did not find reflection in the increase of the total
capitalisation of the NewConnect market, which decreased by 1% in 2013 (to PLN 11.02 billion). It is
significant, however, that the decrease resulted from the decrease in capitalisation of domestic
companies (from PLN 10.8 billion to PLN 10.4 billion), which is partly connected with transition of 7 of
them onto the main market of the WSE. However, capitalisation of foreign companies listed on
NewConnect grew very dynamically for the second year in a row (after a decrease in 2011) – it more
than doubled, from PLN 283 million to PLN 583 million, in 2013.
After two years of decreases in value of the NCIndex, year 2013 was closed with its 10% increase to
366 points. Total trading in 2013 reached the level of PLN 1.23 billion compared to PLN 1.30 billion in
60
61
All data from: www.newconnect.pl
More information in PwC IPO Watch Europe 2013, http://www.pwc.pl/pl/ipo-watch-europe/index.jhtml
90
2012 (decrease by 6%), while the number of transactions – 720.3 thousand compared to 773.4
thousand (decrease in 7%).
In order to enhance transparency and quality of the NewConnect stock market, the management board
of the WSE introduced an additional segmentation of companies listed on that market on the basis of
liquidity risk connected with their financial instruments. To the current NC Lead segment (gathering
companies with the highest market value, liquidity, rate stability, etc.) were added High Liquidity Risk
and Super High Liquidity Risk segments. Most companies listed on NewConnect do not belong to any of
these segments.
Table 16. Basic data on the NewConnect market
Number of companies
Change YOY
Number of newly listed companies
Change YOY
Number of delistings
Change YOY
Values of NCIndex*
Change YOY
Total capitalisation (PLN million)*
Change YOY
Capitalisation of domestic companies (PLN
million)*
Change YOY
2008
84
250%
61
154%
1
381.90
-74%
1,437
21%
2009
107
27%
26
-57%
3
200%
497.00
30%
2,554
78%
2010
185
73%
86
231%
8
167%
634.40
28%
5,138
101%
2011
351
90%
172
100%
6
-25%
416.20
-34%
8,488
65%
1,396
2,457
4,971
8,384
18%
76%
102%
69%
2012
429
22%
89
-48%
11
83%
332.60
-20%
11,088
31%
10,805
2013
445
4%
42
-53%
26
136%
366.01
-10
11,028
-1%
10,445
29%
-3%
* as at the end of year
Source: NewConnect WSE.
On 30 September 2009, a new bond market called Catalyst was established within the capital group of
the Warsaw Stock Exchange. Since January 2010, it has been operating on four platforms (separate
platforms for the regulated and alternative market for wholesale and retail customers) used to trading in
the following debt instruments:
− corporate bonds
− municipal bonds
− cooperative bonds
− treasury bonds
− mortgage bonds
− public sector bonds.
Thanks to such a construction, the Catalyst stock exchange liquidates the market enabling companies
(including banks), local government units and the State Treasury to issue debt, and the investors to
make investments of various amount and specific. Execution of all transaction is guaranteed by the
Krajowy Depozyt Papierów Wartościowych (KDPW, National Depository of Securities), and the issuers
are subject to disclosure obligations. The market authorises also entities, whose debt securities are
already being traded.
91
Table 17. Basic data on the Catalyst market
Value of session trading (PLN million)
Number of series
including listed series
including authorised series
Value of the issue (PLN million)
including listed issues
including authorised issues
Number of newly listed companies
2009
2010
2011
2012
2013
169.97
47
35
12
10,691
10,649
41.5
35
751.06
109
97
12
21,553
21,508
44.67
69
1,214.31
268
246
22
531,652
531,588
64.26
146
1,665.95
384
361
23
567,365
567,299
65.56
173
2,757.18
467
442
25
619,219
166,452
70.31
196
Source: Catalyst WSE.
The fourth year of operation of the Catalyst market is a year of further dynamic development. It attracts
companies which, thanks to issue of bonds, can at lower cost acquire capital than when taking a bank
loan, as well as the State Treasury for which issue of bonds is a traditional instrument of incurring
liabilities. Attractiveness of this financing method grew for enterprises due to, among others,
simplification of settlement of corporate bonds after changes in the rules and regulations of the KDPW.
Due to turmoil in global economy and higher stock market volatility, also investors turn increasingly
towards investment in relatively stable debt instruments.
After abrupt development of Catalyst in the first period of its operation, when the value of issue grew
25 times (in 2011), growth of this market stabilised in 2012, although it is still very dynamic. In 2013,
value of session trading grew by 65.5% (from PLN 1.7 billion to PLN 2.7 billion ), number of series of
listed and authorised instruments – by 22% (from 384 to 467), and value of the issue – by 9.1% (from
PLN 567.4 billion to PLN 619.2 billion). At the end of 2013, 238 issuers were present on the market,
while in 2012 there were 210 issuers.
Market structure in terms of instrument types did not undergo larger changes last year. State Treasury
securities still constitute over 90% of the market (as measured by value of the issue), while corporate
bonds – 9%. Share of municipal bonds is very small. It should be noted, however, that in terms of
number and value of transactions (both session and block transactions) instruments issued by
enterprises are significantly more popular and their advantage is still increasing – at present,
transactions connected with these instrument constitute 80% of trading in session transaction (67% in
2012).
The Catalyst market is becoming increasingly popular among investors and therefore – increasingly
liquid. This is caused mainly by the segment of corporate bonds. In 2013, it was the first time when
value of trading in session transactions in corporate instruments was higher than value of block
transactions. Within a year, this value doubled reaching the level of PLN 2.2 billion, while value of
trading in block transactions grew in the same period by 15% (to PLN 1.5 billion). Year by year, also the
number of transactions in this market segment increases significantly – in 2013, 51.6 thousand
transactions in corporate bonds were executed (compared to 29.9 thousand in 2012).62
3.3.6
Private Equity/Venture Capital
Private equity (PE) is a general term including all investment types on private capital market in order to
achieve medium- and long-term capital gains. PE investments are analysed by projects and oriented
towards above-average gains connected with higher risk. They are addressed to entities that are not
62
Data concerning individual market segments do not include instruments authorised on the Catalyst market.
92
listed on the public stock market and are in various stages of development. Therefore, the following
types of PE financing are distinguished:
− seed financing,
− start-up financing,
− early-stage financing,
− expansion financing,
− restructuring financing,
− replacement, refinancing,
− buyout.
Venture capital (VC) is type of private equity investment. These are investments made at the earliest
development stages of enterprises, up to the expansion stage inclusive. Venture capital is a significant
source of investment funding for companies with considerable development potential, especially in the
field of new technologies. Apart from financing itself, an important part of the VC investment is technical
and organisational support (know-how). The following forms of VC are distinguished: corporate VC,
private VC and business angels.
PE investments can also have other forms and purposes, such as:
− withdrawal of a company from public trading,
− financing a company in order to save it from insolvency,
− Mezzanine (an instrument combining features of debt and capital financing),
− privatisation of a state-owned enterprise,
− purchase of shares of public limited companies (private investment in public equity, PIPE),
− mergers and acquisitions,
− manager buyout (MBO) and leveraged buyout (LBO),
− bridge financing (prior to the first issue of stocks).
93
Table 18. Basic data on the PE/VC market*
Share of PE investments in GDP (%)
Capital obtained via PE funds (in EUR
million)
Capital invested via PE funds (EUR
million), including:
Venture Capital in total
Growth financing
Restructuring
Refinancing
Buyout
Number of companies-beneficiaries of
private equity
Disinvestments (in EUR million)
Disinvestments – number of companies
2007
0.14%
2008
0.17%
2009
0.09%
2010
0.18%
2011
0.18%
2012
0.12%
2013
0.10%
824
760
145
115
443
486
261
435
727
482
504
692
541
352
20
54
1
8
352
58
113
0
0
556
2
60
6
3
411
8
134
5
16
342
25
183
2
0
482
8
119
3
27
384
22
77
0
25
227
52
76
31
53
63
72
94
138
26
69
18
31
9
77
16
180
24
53
21
285
36
* The table comprises data from the newest available reports and information, possible differences between
source may result from, among others, changes in foreign exchange rates and update of data
Source: EVCA/PSIK63
Private investments via PE/VC funds are a method to invest capital in a way bringing higher returns than
in the case of treasury bonds or bank deposits. It is possible through direct fund involvement, along with
its best knowledge, market analysis and other resources – in operation and development of the financed
company or undertaking. Return on equity is possible not only through transfer of increasing gains but
also through increase in value of the company itself. An area of the private investment market are also
investments in risky, very innovative projects offering a chance for high profitability. Although particular
motivations and the time horizon of fund involvement in a given undertaking can vary, profitability of the
investment portfolio is of key importance.
After record years 2010-2011 in terms of value of PE investments in relation to GDP (0.18%), a
decrease in capital involved by private investors was noted in 2012 and 2013 – to 0.12% and 0.10% of
GDP, respectively. PE funds raised capital of EUR 261 million and invested EUR 352 million. These
amounts were not high compared to two previous years (EUR 486 million of capital raised and EUR 541
million of investments in 2012). So far, the highest amount of capital was raised in 2007 and 2008 (EUR
824 million and EUR 760 million, respectively). Moreover, the largest investments were made in 2008 so
far (EUR 727 million). In years 2009-2010, by contrast, the PE/VC market stagnated, compared to which
year 2013 turned out to be much better. In 2013, PE investments were still concentrated on project at
the buyout stage.
After the beginning of the crisis in 2008, scale of disinvestments dropped, too (both in terms of the value
and number of companies). The lowest activity in terms of disinvestment was noted in 2009. In 2013,
value of disinvestments exceeded the record level of 2011 (EUR 180 million), reaching EUR 285 million.
It can be a sign of higher pricing of investment project in the last two years which allows profitable
withdrawal of investors.
The most popular direction of PE/VC investments is still consumer goods and trade sector (26% of the
value of all investments). All other sectors experience changing popularity. In 2013, relatively large
capital was invested in services for business and industry (16.7%) and in transport sector (15.4%).
European Private Equity and Venture Capital Association (EVCA) and Polish Private Equity and Venture Capital
Association (PSIK).
63
94
In 2013, most means were invested in mature companies again (64.5%, that is EUR 226.6 million),
while certain decrease in share of investments in dynamic growth companies (from 29% in 2012 to 22%
in 2013) and increase in Venture Capital investments which constituted 6.4% of the value of all last
years’ investments reaching the level of EUR 22.4 million (1.6% in 2012) can be observed. In terms of
innovativeness of the economy, this change should be considered as positive.
Higher willingness of investors to take risk is confirmed by last years’ analysis of confidence index of PE
funds prepared by Deloitte64. After two downturns (by the end of 2008 and at the turn of 2011 and 2012,
between which a sudden, transitory rise occurred), the value of this index grew again in 2013 and is
now approaching levels observed before the crisis (144 point in April 2014). An increasing number of
surveyed market participants, expects an improvement of economic conditions and investment growth.
They pay growing attention to acquiring funds. These trends did not find reflection in data for Poland for
2013 so far. On the basis of moods of persons managing funds, however, an upward revision of these
data and positive developments can be expected in 2014.
It should be noted that data concerning the Polish market of private investments are somewhat
understated because there are many small funds and business angels operating on the market which
are not included in the statistics. Moreover, market data are often revised and recounted even for
several years after their publication. With regard to PE/VC investments, the most effectively developing
sector in Poland is the IT sector.65 The other sectors face demand-side, financial and competence
barriers to development. Ineffective judicial system also does not encourage making risky investments
through PE/VC funds.
Measure 3.1 “Initiating innovative activities” of the “Innovative Economy” Operational Programme is
designed to strengthen demand for venture capital. It creates supply of companies which can be interest
of venture capital funds. Financial support offered within this measure consists of two components –
incubation subsidy as well as subsidy for investment in a newly formed innovative enterprise (in the form
of acquisition of shares). Capital entry takes place when, following the incubation period, substantial
opportunities for the commercial success of the nascent, conceptually innovative enterprise are
identified. In 2013, as the year before, performance of this measure was relatively efficient and the
process of conclusion of grant agreements was almost completed.
In June 2013, part of financial means of the measure 3.1 was designed to create allocation of new
financial instrument as part of Priority Axis 3, that is pilot project “Establishment and Recapitalisation of
a Loan Fund for Supporting Innovation”. Subsequently, reallocations were made, as a result of which
allocation of the measure 3.1 amounted to PLN 810.24 million by the end of 2013. Applications for
grants66 approved to be carried out within the confines of this measure (by the end of 2013) amounted
to almost PLN 828.37 million, which constituted 102.23% of available means, while concluded
agreements – PLN 810.12 million (99.99% of allocation). However, payments made to beneficiaries in
the amount of PLN 399.31 million were below the average for all measures of the “Innovative Economy”
Operational Programme (49.28% of allocation in relation to the average for the IE OP – 54.75%).
According to practitioners, a defect in construction of the measure 3.1 consists in classifying intellectual
value of universities as public resources. This results in the necessity of participation of a third, private,
party ensuring that the state contribution will not exceed 50% of the capital.
64 Central Europe Private Equity Confidence Survey, Deloitte May 2014 Values of the index registered twice a year between
April 2007 and October 2013 amounted to: 159, 118, 102, 48, 78, 117, 140, 138, 153, 70, 101, 71, 101,127, respectively.
65 Rynek Private Equity w Polsce: fakty a opinie (“Private Equity market in Poland: facts vs opinions”), KPMG, PSIK, Warsaw
2014
66
Data of the Ministry of Infrastructure and Development
95
The National Capital Fund
The National Capital Fund (NCF) is the first Polish fund of funds established under the Act of 4 April
2005 on the National Capital Fund (Dz. U. [Journal of Laws] No. 57, item 491). Its only shareholder is
Bank Gospodarstwa Krajowego (BGK). Activity of the NCF consists in investing in VC funds that
subsidise Polish small and medium-sized enterprises, especially innovative enterprises performing
research and development activities and enterprises with high development potential. The amount of
funds invested by the NCF is not limited, but the optimum value of a single fund equals ca. PLN 50
million. Share of the NCF in capitalisation of such a fund amounts to max. 50% of its capitalisation. The
rest is paid to the fund by private investors. The main purpose of the operation of the NCF is to limit the
equity gap consisting in low VC supply in the SME segment. To funding sources of the NCF belong
financial means from the state budget, EU structural funds (“Innovative Economy” Operational
Programme for years 2007-2013) and funds of the Swiss-Polish Cooperation Programme (SPCP).
The National Capital Fund provides financial support for capital funds chosen in Open Calls for Tenders
(OKO). Until now, the NCF has conducted 6 OKOs:
• 1st Open Call for Tenders in 2007 with the subsidy of the Ministry of Economy – ended;
• 1st Open Call for Tenders in 2009 with financial means from the IE OP (Measure 3.2 Support for
funds of high risk capital) – ended;
• 2nd Open Call for Tenders in 2010 with financial means from the Swiss-Polish Cooperation
Programme (SPCP) – ended;
• 1st Open Call for Tenders in 2011 with financial means from the Swiss-Polish Cooperation
Programme (SPCP) – underway;
Currently, the NCF is carrying out three projects:
1)
Project conducted under grant-in-aid agreement No. 22/DIW/15095/2007/59 consisting in
provision of financial support for capital funds with their official seat in the Republic of Poland.
2)
Individual project carried out as part of the measure 3.2 of IE OP, published in the Announcement
of the Minister of Regional Development on the list of individual projects for the “Innovative
Economy” Operational Programme for years 2007-2013 entitled “Support for funds of high risk
capital provided by the National Capital Fund”.
3)
Project conducted within the Swiss-Polish Cooperation Programme: Improving the business
environment and the access to financing for small and medium-sized enterprises through
supporting funds of high risk capital” which is a part of the thematic area “Improving the business
environment and the access to capital for small and medium-sized enterprises” within the priority
“Private Sector” of the Swiss-Polish Cooperation Programme.
Between 2007 and the end of 2013, 16 capital funds were established (in the last days of 2013, an
agreement for the 17th NCF fund – upon completion of administrative and registration procedures, the
fund should start its investment activity in the 3rd quarter of 2014). Until the end of 2013, the NCF paid to
the capital funds the amount of PLN 75.0 million, PLN 29.4 million of which was paid in 2013. Also until
the end of 2013, capital funds concluded 69 investment agreements with SMEs, 33 of which were
concluded in 2013, and transferred PLN 89.8 million to these companies (from total investment liabilities
equal ca. PLN 145 million), PLN 33.7 million of which was transferred in 2013.
96
Institutional changes in financing business activity
Bank Gospodarstwa Krajowego67
On 27 February 2013, the Act amending the Act on Sureties and Guarantees Granted by the State
Treasury and Certain Legal Persons, which was adopted by the Sejm in January 2013, entered into
force (Dz. U. [Polish Journal of Laws] of 2013, item 198). According to the act, Bank Gospodarstwa
Krajowego received the possibility to grant public aid, the so-called de minimis aid, to enterprises in form
of sureties and guarantees within government social and economic programmes and programmes of
local self-governance and regional development. In November 2013, these guarantees were extended
on investment credits. According to estimates, 63.3 thousand entrepreneurs used de minimis
guarantees from the beginning of the process in which BGK grants de minimis portfolio guarantees until
the end of July 2014. In this period, BGK granted de minimis guarantees in the amount of PLN 12.7
billion, which finds reflection in ca. PLN 22.5 billion of credits taken by SMEs in crediting banks. The
level of de minimis guarantees will be gradually replaced by a similar mechanism based to a greater
extent on instruments repayable from EU funds.
In April 2013, rating agency Fitch confirmed the rating for BGK and gave a long-term rating for Poland at
the level of “AAA” with a stable perspective.
Banking sector
In 2013, the number of branches of credit institutions operating in Poland grew from 24 to 28, while the
number of domestic commercial bank dropped from 45 to 41. By the end of 2013, there were 571
cooperative banks in Poland – 1 less than a year before. In October 2012, 55 cooperative savings and
credit unions (SKOK) (plus the National SKOK) were added to the supervised part of the sector.
Chosen national regulatory changes concerning operation conditions of banks in Poland with regard to
financing business activity that entered into force in 2013:68
− Amendment to the Act on the Bank Guarantee Fund, made on 26 July 2013, under which a new
own fund (the so-called stabilisation fund) financed from prudential fees paid by banks was
created within the Bank Guarantee Fund. This is an additional source of financing future
activities stabilising the banking sector, if they are needed.
− Amendment to the Act on Cooperative Savings and Credit Unions, made on 19 April 2013,
resulting in covering deposits up to EUR 100 thousand gathered in SKOKs with Bank
Guarantee Fund guarantees. The guarantee system is a separate fund financed with obligatory
annual fees paid by SKOK.
− Change in recommendation T of the Polish Financial Supervision Authority (PFSA) concerning
good practices with regard to risk management of retail credit exposures, made on 26 February
2013. Since that moment, banks themselves instead of the PFSA have been responsible for
determination of maximum values of the DtI ratio (in simple terms: relations of monthly credit
instalments to monthly income of the borrower). Also application of simplified assessment
principles of creditworthiness of retail customers is now allowed in certain cases. Furthermore,
all banks operating on the basis of the Polish law and branches of credit institutions in Poland
are now subject to the recommendation.
See Bank Gospodarstwa Krajowego – Annual Report 2013, Bank Gospodarstwa Krajowego, Warsaw 2014.
Based on the Raport o sytuacji ekonomicznej banków – Banki 2013 (“Report on the economic situation of banks – Banks
2013”), Warsaw Institute of Banking to the order of the Polish Bank Association, Warsaw 2014, and the Report on the
activities of the Polish Financial Supervision Authority in 2013, Polish Financial Supervision Authority, Warsaw 2014.
67
68
97
3.3.7 Loan and guarantee funds
Loan funds69
Loan Funds grant loans to micro-, small and medium-sized enterprises as well as individuals starting up
business activities, as such persons and entities find it difficult to obtain commercial financing due to the
absence of the required collaterals or credit history. Loan funds grant loans earmarked for objectives
related to the commencement, pursuit and development of the activities of enterprises, i.e. investment
objectives, operating objectives or objectives combining both of these factors.
As at the end of 2013, there were 71 loan funds operating in Poland, 44 of which cooperate with the
PARP on the basis of agreements concluded within the framework of the National Services System
(KSU). Total loan capital of the funds closed at the amount of PLN 2,098.91 million in 2013. This means
that this capital grew in total by PLN 115.81 million (5.8%) compared to 2012.
In years 2012-2013, a decrease in number of loans granted by loan funds operating in Poland was
noted. The total number of loans granted in 2012 amounted to ca. 8300, while in 2013 this number,
according to empirical material, was lower – 7316. This is a quantitative decrease in loan activities by
almost 12% YOY in years 2012-2013.This phenomenon was accompanied by an increase in the total
value of loans granted in 2013. The total value of loans granted in 2012 amounted to PLN 639.1 million,
whereas in 2013 this value equalled PLN 706.8 million. This means that the total value of loans granted
in 2013 grew by 10.6% compared to 2012. In the period analysed, consolidation of loans was noted
which led to granting relatively higher loans but in the situation of decline in the number of borrowers.
Among loans granted in 2013, the biggest group (by sector) constituted loans to trading enterprises
(31.7%) and enterprises operating in the field of industrial processing (11.9%). 74.19% of the total value
of loans was granted to micro-enterprises.
Guarantee funds70
Guarantee Funds are non-profit institutions intended to facilitate entrepreneurs’ access to external
financing in the form of bank credits and loans. The funds offer guarantees for loans, credits and tender
bonds (the latter service is only available in selected funds). Guarantees may be obtained by companies
willing to secure a loan, credit, leasing agreement or public procurement contract but which cannot
provide a sufficient collateral on their own.
As at the end of 2013, a total of 49 guarantee funds were operating in Poland, 45 of which signed
cooperation agreements with the Polish Agency for Enterprise Development (PARP). In 2013,
guarantee funds granted over 6 thousand guarantees for a total amount of PLN 864 million.
In 2013, guarantee funds had at their disposal ca. PLN 1.2 billion. In 2013, 6,112 guarantees were
granted. Their value amounted to PLN 837.6 million. Guarantee funds had 19.7 thousand active
guarantees in 2012. This number was distributed very unevenly between individual funds. In one fund,
there were 437 active guarantees on average (taking into account that there were no reports on 5 funds
of the 2nd half of 2012 in the 1st half of 2012). A very high number of active guarantees in only two,
biggest in this respect, funds (1,889 guarantees in total) raised the average, because the number of
guarantees in almost half of the funds (in 20 units) did not exceed 100.
69
70
On the basis of information obtained from the Polish Union of Loan Funds.
On the basis of information obtained from the Polish Agency for Enterprise Development and the National Association of
Guarantee Funds.
98
Among guarantee funds operating in Poland, to the strongest group belong regional and local credit
guarantee funds with the capital share of BGK. They granted 4,153 guarantees at the amount of PLN
635.9 million in 2013.71
3.3.8 Public aid72
In 2013, entrepreneurs received aid in the amount of PLN 21,278.6 million (that is EUR 5,069.4 million),
PLN 3,948.0 million of which was aid granted in the transport sector.73
Table 19. The amount of public aid granted in 2013
Public aid
PLN m
EUR m
%
% of GDP
21,278.6
5,069.4
100.0
1.30
Value of aid, excluding transport
16,571.7
3,948.0
77.88
1.01
Value of aid in the transport
segment
4,706.9
1,121.4
22.12
0.29
Total
value
including:
of
aid74
In analysis of years 2009-2013, fluctuations of the total value of granted public aid can be noticed, but
since 2011 its level is more stable and lies around PLN 21.5 billion. Decrease in the value of aid in 2013
as compared to the previous year results especially from decrease in value of aid granted by the
President of the Energy Regulatory Office (ERO) with regard to compensation due to voluntary
termination of long-term contracts for sale of power and electricity, by the Minister of Economy from the
“Innovative Economy” Operational Programme, and from no rescuing and restructuring aid granted by
the Minister of State Treasury. Decrease in the total value of aid in 2013 as compared to 2012 is not
significant due to rather high increase in value of aid granted in the transport sector by almost PLN 1
billion and its share in the total value of aid (by 5 pp). With regard to share of the total value of aid in
GDP, the downward trend lasting since 2010 was continued in 2013 (from 1.70% in 2010 to 1.30% in
2013).
As in the previous years, also in 2013 aid was granted mostly in forms from the group A (subsidies and
tax relieves) – 97.8%, the share of which exceeded 85% over the last 5 years. In 2013, no aid was
As of 20 June 2014, data obtained from the Bank Gospodarstwa Krajowego.
Public aid is granted by Member States or from resources of the country, in any form which does not distort or threaten to
distort competition due to favouring some enterprises or production of some products within the scope in which it negatively
influences trade between Member States. This sub-chapter was prepared on the basis of information contained in the draft
Report on public aid in Poland granted to entrepreneurs in 2013, as of 25.06.2014. Data on public aid presented in the
Report come from information gathered and processed by the President of UOKIK which are contained in reports on granted
public aid.
73 According to the methodology applied by the European Commission, all detailed statements and analyses of the structure
of granted public aid made excluding aid granted in the transport sector. Value of the aid without the aid granted in transport
amounted to PLN 16,571.7 million.
74 The above amounts do not include aid granted in form of remuneration for the enterprise Gdańsk Transport Company
S.A. due to construction and exploitation of the A1 motorway between Gdańsk and Toruń, for the enterprise Autostrada
Wielkopolska S.A. due to construction and exploitation of the A2 motorway between Nowy Tomyśl and Konin, and for the
enterprise Autostrada Wielkopolska II S.A. due to construction and exploitation of the A2 motorway between Świecko and
Nowy Tomyśl, due to lack of determination which part of the aforementioned remuneration constitutes public aid in the
decision of the European Commission of 13 May 2009 on aid No. N 151/2009 and N 152/2009 – Aid for construction and
exploitation of the A1 motorway (Gdańsk – Toruń), and in the decision of 2 December 2009 on aid No. N 462/2009 – Aid
for construction and exploitation of the A2 motorway (Świecko – Nowy Tomyśl), and not issuing the decision on aid for
construction and exploitation of the A2 motorway (Nowy Tomyśl – Konin) at the day when the Report was made.
71
72
99
granted in a form from the group B2 (debt-for-equity swap) nor in a form from the group E (other). The
only increase in the value of aid granted was noted in the group D1 (sureties, guarantees) - 11% more.
The largest decline in the value of aid was noted in the group C2 (payment deferral, payment in
instalments) – 10 times less.
Taking into account the purpose of the aid, it should be noted that in 2013 the value of sector aid
decreased the most, in absolute terms, as compared to the previous year (by PLN 1,379.9 million). It
occurred mostly due to decrease in the value of aid granted by the President of the Energy Regulatory
Office in form of compensation due to voluntary termination of long-term contracts for sale of power and
electricity (KDT) (by PLN 856.9 million)75 .
As in previous years, the amount of the regional aid was the highest amount of the aid granted. Its value
grew by almost 10% in 2013 as compared to the previous year. Its share grew by almost 9.9 pp, which
is mainly the result of increase in the value of aid for supporting new investments (by PLN 1,217.5
million), mostly from the aid financed from regional operational programmes and the “Innovative
Economy” Operational Programme.
With regard to horizontal aid, a decrease in its value was noted in 2013 (by PLN 810.5 million) as
compared to the previous year. This results mostly from the decrease in positions aid for rescuing (by
PLN 390.2 million) and research and development (by PLN 345.4 million).
The value of aid that was not assigned to any of the aforementioned groups of purposes was
maintained at the level of the previous year. This was aid constituting compensation for entrepreneurs
due to performance of public tasks.
With regard to institutions granting aid, in 2013 the highest amount of aid was granted by the President
of the State Fund for Rehabilitation of Disabled Persons (PLN 3,227.8 million), and the President of the
Polish Agency for Enterprise Development (PLN 2,719.9 million) who granted almost 20% more aid as
compared to the previous year. Among the biggest bodies granting aid, there are still province
governors (PLN 2,476.1 million).
In 2013, as in the previous years, the highest amount of aid was addressed to large entrepreneurs.
Upon including the total value of aid granted to entrepreneurs (public aid and de minimis aid addressed
to SMEs), share of large enterprises in the amount of aid granted in 2013 equalled 29.7%, of mediumsized enterprises – 22.0%, and of small and micro-enterprises – 48.3% in total.
In 2013, there were 128 aid programmes76, in terms of which aid could be granted. This relatively high
number results, at least partially, from a large number of aid programmes of individual communes (30
programmes) and the principle adopted by the European Commission that each notified change of the
approved aid programme is recognised as a new, separate programme.
In 2013, the value of granted rescuing and restructuring aid constituted only 0.1% of the total value of
granted public aid. Therefore, its influence on competition was very limited. Share of the second
potentially most negative for competition aid – sector aid – constituted 10.3%, significantly less than in
2012. Due to significant size and the highest probability of distorting the competition by the sector aid, it
It should be mentioned that according to the applied methodology, data for 2012 include paid advance amounts and at
least partly adjustments of the President of the ERO (these which were final), and data for 2013 include only paid advance
amounts.
76 This number includes aid in transport ad aid before Poland’s accession to the EU, presented in the Appendix No. 1 with
the symbol PI.
75
100
is worth to have a closer look at this aid category in the context of possible negative influence on
competition.
In 2013, the highest amount of the sector aid (PLN 661.3 million) was granted to entrepreneurs in the
electric power industry due to compensation for termination of long-term contracts for sale of power and
electricity (KDT). This aid was granted in connection with the necessary change in trade relations on the
electricity market caused by its liberalisation. Thus, it constitutes an indispensable expense related to
the process of introducing competition to the energy industry.
With regard to the investment in cross-border merging of transmission systems and in regasification
terminal of liquefied natural gas (LNG), it should be mentioned that their importance for appropriate
operation of competition on sales markets for electricity and gas in the long term. In 2013, subsidies for
the development of net infrastructure within sector aid amounted to PLN 591.4 million.
The biggest beneficiary of the aid in 2013 was Spółka Restrukturyzacji Kopalń [Mine Restructuring
Company], which received aid within the programme for mining industry. These means were used to
carry out tasks connected with winding up mines, reclamation and recovery from mining damages,
securing mines neighbouring to mines that are being wound up against water, gas or fire hazard, as well
as to pay benefits to employees of mines that are being wound up. Three other beneficiaries from the
analysed group of the biggest beneficiaries (PGE GiEK, Elektrociepłownia Nowa Sarzyna, the Pątnów II
Power Plant) are entities operating in the electric power industry that received the aforementioned aid
due to compensation for termination of KDT – aid that was necessary to increase competition on the
market.
3.3.9
EU funds as an opportunity for development of enterprises
Financial framework 2007-2013
The objectives of measures within the financial framework 2007-2013 are presented in the National
Strategic Reference Framework (NSRF). The strategic objective of the NSRF is to create conditions
enhancing competitiveness of the economy based on knowledge and entrepreneurship, ensuring
growth of employment and an increased level of social, economic, and spatial cohesion in Poland. The
NSRF also assumes accomplishment of horizontal objectives stemming from the EU strategic
guidelines and the SWOT analysis of the Polish economy, inter alia improvement of competitiveness
and innovativeness of enterprises.
The key instrument under the NSRF, oriented towards increasing the competitiveness of enterprises by
such means as raising their innovativeness, is the “Innovative Economy” Operational Programme.
The total amount of public funds involved in the implementation of the programme in years 2007-2013
equals over EUR 10.1 billion, more than EUR 8.6 billion of which comes from the EU funds (ERDF).
Over 90% of funds were allocated for measures in the following areas: research and development,
innovation, information and communication technologies (40% of funds were allocated for direct support
of entrepreneurs).
Under the IE OP, measures were supported in the area of product innovation, as well as innovation of
processes, marketing and organisation, which, directly or indirectly, contribute to the establishment and
development of innovative enterprises at the national or international level. Entrepreneurs could apply
for support for, inter alia, the following ventures:
101
− highly innovative ventures, regardless of the size of the company or the industry, apart from
sectors excluded under separate regulations,
− highly innovative projects of high value, e.g. investments exceeding EUR 2 million,
− providing business to business (B2B) electronic services and projects related to electronic
economy implemented by newly established small and medium-sized enterprises,
− support for enterprises operating on the Single European Market,
− research and development commissioned by entrepreneurs,
− implementation of results of R&D activities, as well as of new technologies,
− investments connected with R&D activities of enterprises,
− supporting cooperative ties.
From the point of view of Polish companies, measures provided for in the “Innovative Economy”
Operational Programme were complemented by other programmes implemented under the NSRF that
also contribute to the development of entrepreneurship.
Human Capital Operational Programme (HC OP)
HC OP provides for actions complementary to measures supported at central and regional levels, aimed
at strengthening staff potential of enterprises by holding specialist trainings and developing advisory
services, targeted at the specific needs of entrepreneurs.
Approximately EUR 2.4 billion, i.e. 25% of the funds allocated for the HC OP (EUR 10.0 billion), was
earmarked for the support of broadly understood entrepreneurship. Including domestic funds, almost
EUR 11.8 billion was earmarked for the implementation of the HC OP.
Infrastructure and Environment Operational Programme (IaE OP)
The objective of the programme was to enhance the attractiveness of Poland and its regions to
investors through development of technical infrastructure, while preserving and improving the condition
of the environment and health, preserving the cultural identity, and developing territorial cohesion.
The programme provided, inter alia, for supporting projects related to transport, environmental
protection, and energy infrastructure development, and for the adjustment of enterprises to
requirements of environmental protection. Furthermore, IaE OP provides for supporting projects
connected with energy safety and development of higher education.
EUR 37.7 billion was earmarked for the implementation of the programme, EUR 28.3 billion of which
were provided by the European Union (including EUR 22.3 billion from the Cohesion Fund and EUR 5.9
billion from the ERDF). Enterprises (including the large ones) could absorb approx. EUR 2.9 billion
under IaE OP.
16 Regional Operational Programmes (ROPs)
The objectives of ROPs were defined at the regional level, with reference to the development strategy of
provinces (województwa) and areas that require support identified therein. The measures provided for in
Regional Operational Programmes include, inter alia, direct financial support for corporate investments,
supporting participation in fairs, exhibitions, and domestic and foreign missions, as well as supporting
business environment institutions.
The share of 16 ROPs in the total allocation of cohesion policy funds amounted to approximately 25%
(i.e. EUR 17.3 billion); whereas almost ¼ of the ROP funds was earmarked for the area of Research
and technological development, innovation and entrepreneurship (approx. 24.5% of the allocated funds,
i.e. approx. EUR 4,2 billion). Therefore, ROPs constitute very important sources of support for
102
companies operating on local and regional markets.
Development of Eastern Poland Operational Programme (DEP OP)
The programme is intended to increase the pace of socio-economic development of Eastern Poland (i.e.
Lubelskie, Podkarpackie, Podlaskie, Świętokrzyskie, and Warmińsko-Mazurskie provinces) in
accordance with the sustainable development principle. The implementation of DEP OP involved funds
in the amount of EUR 2.8 billion, including EUR 2.4 billion from the ERDF and EUR 0.4 billion from the
state public funds.
Rural Development Programme (RDP) for 2007-2013
RDP 2007-2013 sets out measures intended to accelerate the modernisation of Polish agriculture and
the development of rural areas.
The total amount of funds earmarked for the implementation of RDP 2007-2013 is EUR 17.2 billion, over
EUR 13.2 billion of which are provided from the European Agricultural Fund for Rural Development
(EAFRD), and ca. EUR 4 billion from the state public funds.
Sustainable Development of the Fisheries Sector and Coastal Fishing Areas Operational
Programme (FISH OP) 2007-2013
FISH OP 2007-2013 has been operating under the European Fisheries Fund. Its general objective is to
create a competitive, modern and dynamic fisheries sector based on sustainable exploitation of
resources.
Funds earmarked for the programme amount to almost EUR 1 billion, 75% of which constitute the
contribution from the EU budget. Support for investment in fishing vessels, aquaculture and processing,
and diversification of fisheries is addressed directly to entrepreneurs.
Progress in the implementation of the National Strategic Reference Framework for 2007201377
The allocation of Community funds for Poland within the EU cohesion policy for 2007-2013 was agreed
at the level of approx. EUR 67.3 billion. Over EUR 48.7 billion was earmarked for the implementation of
national operational programmes, and more than EUR 16.6 billion for regional operational programmes.
More than EUR 1.3 billion was earmarked for the National Performance Reserve (NPR) under the
Article 50 of Council Regulation (EC) No. 1083/2006 laying down general provisions on the European
Regional Development Fund, the European Social Fund and the Cohesion Fund
and repealing Regulation (EC) No. 1260/1999, with over EUR 632 million accounting for the so-called
Technical Adjustment (TA). Additional funds from the NPR and TA were allocated to individual
programmes in the course of the mid-term review performed in 2011.
Based on the information of the Department for Coordination of the EU Funds Implementation of the Ministry of Regional
Development, as well as periodic MRD reports on progress in the programme implementation.
77
103
Table 20. The use of funds under the National Strategic Reference Framework
Grant agreements
Programme
IE OP
IaE OP
HC OP
TA OP
DEP OP
ETC OP
National in total
Regional in total
NSRF IN TOTAL
Value of
eligible
Number expenditu
re (PLN
million)
15,430
2,202
43,259
369
220
283
61,763
32,290
94,053
66,311
145,473
47,911
2,292
13,132
1,681
245,823
104,113
389,915
EU
funding
(PLN
million)
Applications for payment
Use of the
allocation for
years 20072013 (%)
35,973
113,679
39,904
1,948
9,678
1,393
202,577
66,470
269,047
99.6
95.5
95.5
90.6
96.9
96.9
96.2
92.6
95.3
Value of
Use of the
EU funding
eligible
allocation for
(PLN
expenditure
years 2007million)
(PLN million)
2013 (%)
35,890
96,917
35,559
1,635
7,257
1,005
178,266
77,279
255,545
20,085
73,497
29,578
1,390
5,680
834
131,066
49,959
181,025
55.6
61.8
70.8
64.8
56.6
58.1
62.3
69.6
64.1
Source: A study of the DSA MG on the basis of Ministry of Infrastructure and Development data – Use of EU
funds under the National Cohesion Strategy for 2007-2013, monthly data for December 2013.
Since the launch of the programmes approx. 94.1 thousand contracts/decisions for co-financing the
implementation of projects were signed/issued by the end of 2013, with the Community contribution of
nearly PLN 389.9 billion in total, which constitutes 95% of the allocation for years 2007-2013. The
progress in contract signing varied among individual programmes, as well as among priorities and
measures within the programmes. The programmes under which the highest amount of Community
funds was contracted included: Innovative Economy OP (almost 100% of contracted funds),
Infrastructure and Environment OP and Human Capital OP, where the value of contracts signed
(decisions issued) amounted to PLN 35.9 billion, PLN 113.7 billion and PLN 39.9 billion, respectively.
By the end of 2013, the value of eligible expenditures under applications submitted by beneficiaries
exceeded PLN 255 billion (an increase by approx. PLN 65 billion in 2013), nearly PLN 181 billion of
which were expenses corresponding to the EU funding (up by approx. PLN 46 billion in 2013).78
The analysis of the latest data, that is data as at the end of May 2014, regarding entities implementing
projects, divided according to legal forms of beneficiaries, shows that the investments of the highest
total value are implemented by enterprises (including SMEs) – the estimated value of these projects is
approx. PLN 209 billion, which constitutes more than 43% of the total value of all agreements. A slightly
lesser amount, PLN 128 billion (approx. 26% of all projects), is constituted by projects implemented by
local government units (LGUs).
The analysis of the total amount of co-financing (that is co-financing from state and Community funds)
indicates that the biggest beneficiaries were enterprises which received ca. PLN 98 billion (that is ca.
32.4% of the entire co-financing), followed by LGUs – ca. PLN 87 billion (ca. 28.7%) and central
administration – ca. PLN 73 billion (ca. 23.3% of the entire co-financing). When taking into account only
the amount of the co-financing from Community funds, the biggest beneficiaries of co-financing were
enterprises – approx. PLN 87 billion (that is approx. 31.9% of the entire co-financing from the EU) and
LGUs – approx. PLN 83 billion (approx. 30.6%).
A study of the Strategy and Analyses Department of the Ministry of Economy on the basis of: Level of programme
implementation – as at 6 January 2014.
78
104
Chart 22. Projects implemented by enterprises, by operational programmes (as at the end of May
2014)
45
41,3
40
35
30
25
20
19,3
21,2
15,8
12,0
15
11,8
8,3
10
6,1
5
0,8
0,5
0
Infrastructure and
Environment
Operational
Programme
Innovative Economy
Operational
Programme
Human Capital
Operational
Programme
Co-financing on the basis of agreements
Development of
Eastern Poland
Operational
Programme
Regional
Programmes (in total)
EU Payments
Source: A study of the DSA MG on the basis of the National Information System (KSI SIMIK 07-13): Agreements
on co-financing by programme and legal form, Ministry of Infrastructure and Development – as at the end of May
2014.
As at the end of May 2014, projects with the highest total value of EU contribution were carried out by
enterprises under the Infrastructure and Environment OP (PLN 41.3 billion) and under Innovative
Economy OP (PLN 21.1 billion).79 The total EU funding for projects implemented by enterprises under
the 16 ROPs amounted to PLN 15.7 billion. On the basis of accepted payment applications, the
expenditures of enterprises in terms of EU contribution are the highest under Infrastructure and
Environment OP – PLN 19.3 billion and under Innovative Economy OP – PLN 11.9 billion.
80 It is worth mentioning that at the end of 2012, the above-mentioned payments amounted to PLN 11.9
billion and PLN 8.4 billion, respectively.
Financial framework 2014-2020
Due to ongoing negotiations of both National and Regional Operational Programmes, information
presented in this sub-chapter should be considered as a general guide only. Changes concerning the
following aspects are still possible:
− Titles of axes of particular programmes;
− Amount of allocation of financial means for particular investment axes;
− Types of measures programmed in a given investment axis;
− Beneficiaries of particular investment axes.
In June 2011, the European Commission announced proposals for the budget for years 2014-2020.81
Apart from the increased flexibility and cohesion in the financing of the implementation of individual
A study of the Strategy and Analyses Department of the Ministry of Economy on the basis of the National Information
System (KSI SIMIK 07-13): Summary of the values of contracts/decisions on co-financing by programme and legal form,
Ministry of Regional Development.
80 A study of the Strategy and Analyses Department of the Ministry of Economy on the basis of the National Information
System (KSI SIMIK 07-13): Applications for payment divided by programme and legal form, Ministry of Regional
Development.
81 COM(2011) 500
79
105
priorities as well as the simplification of the rules on granting of support, the European Commission has
proposed the introduction into the resource allocation system of, inter alia, the principle of focusing on
results (using adequate indicators and monitoring mechanisms), the determination of clear and
measurable intermediate stages and final objectives for implementation, the common application of the
performance reserve mechanism (in the amount of 5% of the funds allocated to individual countries) as
well as the compliance by Member States with applicable ex-ante and macroeconomic conditions.
Despite the initial declaration concerning the reduction in the number of thematic objectives, the
Commission proposal contains as many as 11 of such objectives. These objectives are as follows:
1. Supporting research, technological development and innovation;
2. Increasing the availability, degree of use and quality of ICTs;
3. Increasing competitiveness of SMEs, the agricultural sector and the fisheries and aquaculture
sector;
4. Supporting the transition to a low carbon economy in all sectors;
5. Promoting adaptation to climate change, risk prevention and management;
6. Protecting the environment and supporting effective use of resources;
7. Promoting sustainable transport and removing bottlenecks in key network infrastructures;
8. Supporting employment and employee mobility;
9. Supporting social inclusion and combating poverty;
10. Investing in education, skills and lifelong learning;
11. Enhancing institutional capacity and effective public administration.
In addition, the support will be earmarked for objectives connected with the Technical Assistance and
the European Territorial Cooperation, too.
The new developments put forward by the European Commission include: third category of regions
remaining on the transitional stage (with GDP per capita amounting to 75-90% of the EU average),
promoting the use of financial instruments and the Partnership Agreement mechanism (negotiated
document for achieving objectives and results).
Decisions pertaining to the Multiannual Financial Framework (MFF) for years 2014-2020 were adopted
in the course of the European Council session held on 7-8 February 2013.82 The political compromise
assumed that the maximum overall amount for expenditures for the EU-28 in years 2014-2020 in funds
for commitments shall be EUR 959.9 billion, i.e. 1.00% of the EU GNI (down by 3.5%) and EUR 908.4
billion in payments, i.e. 0.95% of the EU GNI (down by 3.7%).83. In the financial framework for 20072013, these funds totalled EUR 994.1 billion and EUR 942.7 billion, respectively.84
The MFF was given its final shape by the European Parliament which adopted it on 19 November 2013
after nearly a year of negotiations between the European Parliament, the European Commission and
the Council of the European Union. It should be noted that the approved version includes all postulates
of the European Parliament presented in the resolution of July 2013 on the MFF. The total budget for
the next 7 years amounts to EUR 960 billion with respect to commitments (EUR 908 billion planned for
payments). EUR 105.8 billion from this budget has been earmarked for Poland.
See the conclusions of the European Council (7–8 February 2013) pertaining to the „multiannual financial framework”
(EUCO 37/13 CO EUR 5 CO&CL 3) http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/PL/ec/135366.pdf
83 At current prices, 2011.
84 See http://www.consilium.europa.eu/special-reports/mff/summary-of-the-european-council-agreement?lang=pl
82
106
The adopted Multiannual Financial Framework constitutes an expression of investment priorities for the
European Union, among which it is worth mentioning such priorities as:
− research and development (Horizon 2020),
− connection of the transport, communication and energy infrastructure of Member States
(Connecting Europe Facility),
− education (Erasmus+),
− adequate perspective for the youth (Youth Employment Initiative),
− competitiveness of European enterprises (COSME).
The structure of the Multiannual Financial Framework for years 2014–2020 is as follows:
− sub-heading 1a “Competitiveness for growth and employment”, encompassing the „Connecting
Europe” facility;
− sub-heading 1b “Economic, social and territorial cohesion”;
− heading 2 “Sustainable growth: Natural resources”, including the sub-ceiling for market-related
expenditures and direct payments;
− heading 3 „Citizenship and partnership”;
− heading 4 „Global Europe”;
− heading 5 „Administration”, which shall include the sub-ceiling for administrative expenditures;
− heading 6 „Compensations”.
In accordance with the provisions of the Multiannual Financial Framework for years 2014-2020, adopted
by the European Parliament on 19 November 2013, the total allocation for Poland, earmarked for the
cohesion policy, shall amount to approx. EUR 82.2 billion (at current prices). Additionally, Poland will
receive approx. EUR 252.4 billion towards support for the unemployed youth (Youth Employment
Initiative). The total allocation for Poland, including the transfer for the Technical Assistance of the
European Commission and innovative actions in the field of balanced development of urban areas,
amounts to approx. EUR 82.5 billion. By obtaining such level of allocation under the cohesion policy,
Poland will become its biggest beneficiary in the programming period of 2014-2020. Additionally, funds
obtained under agricultural programmes place Poland in the fifth position among beneficiaries of
agricultural policies, behind France, Germany, Spain and Italy.
The above-mentioned base allocation includes separate obligatory transfers for instruments and
programmes managed directly by the European Commission (such as transfers from the Cohesion
Fund to the Connecting Europe facility, the Fund for the European Aid to the Most Deprived). The above
transfers decrease the allocation available to Poland by approx. EUR 5 billion. Therefore, the amount
available for programming under the Partnership Agreement is approx. EUR 77.5 billion.
Box 5. Partnership Agreement
Partnership Agreement is the major document specifying directions of intervention in years 2014-2020 of three
EU policies in Poland – Cohesion Policy, Common Agricultural Policy and Common Fisheries Policy. This
document was developed on the basis of Assumptions to the Partnership Agreement 2014-2020 adopted by
the Council of Ministers on 15 January 2013. The Agreement determines strategic context in the thematic and
territorial dimension on the one hand, and indicates expected results as well as applicable financial and
implementation framework on the other hand. During development of the Agreement, provisions of EU and
national strategy documents and past experience connected with the implementation of the 2004-2006 and
2007-2013 frameworks were taken into consideration. The Partnership Agreement was adopted by the Council
of Ministers on 8 January this year, and approved by the European Commission on 23 May this year.
107
The table presented below contains a comparison of the size of Cohesion Policy allocations for specific
thematic objectives specified in the EU legislative package in both financial frameworks, i.e. the 20072013 framework and the 2014-2020 framework.
Table 21. Comparison of shares of individual thematic objectives in the overall Cohesion Policy
allocation for the 2007-2013 and 2014-2020 frameworks
Item Thematic objectives specified in the EU legislative package
1
2
3
4
5
6
7
8
9
10
11
Supporting research, technological development and innovation
Increasing the availability, degree of use and quality of ICTs;
Increasing competitiveness of SMEs, the agricultural sector and the fisheries and
aquaculture sector;
Supporting the transition to a low carbon economy in all sectors
Promoting adaptation to climate change, risk prevention and management
Protecting the environment and supporting effective use of resources
Promoting sustainable transport and removing bottlenecks in key network
infrastructures
Supporting employment and employee mobility
Supporting social inclusion and combating poverty
Investing in education, skills and lifelong learning;
Enhancing institutional capacity and effective public administration
11 thematic objectives IN TOTAL
Technical Assistance
European Territorial Cooperation
IN TOTAL
Shares in
2007-2013
13.9
5.3
3.2
2.1
1.4
12.2
39.1
6.1
6.0
8.2
0.7
98.2
0.8
1.0
100.0
Shares in
2014-2020*
11.7
3.6
11.0
10.8
1.6
10.3
27.9
6.5
7.5
4.7
0.2
96.0
3.2
0.8
100.0
Source: A study of the DSA MG on the basis of: Draft Partnership Agreement (version from 12.07.2013), p. 83
and Partnership Agreement (version adopted by the EC on 23.05.2014), p. 161-162.
* Including EAFRD allocations.
The proposal for the allocation of resources for years 2014-2020 assumes an overall increase in funds
earmarked for objectives related to increasing the innovativeness of the economy and to the
competitiveness of enterprises (objectives 1,2 and 3) as well as objectives related to low-emission
economy (objective 4) and social inclusion (objective 9). At the same time, the most substantial
decrease in the allocation structure can be seen with respect to the objective related to the development
of transport infrastructure. It needs to be added at this point that the decrease referred to above shall be
most readily apparent with respect to interventions in local transport infrastructure. As regards the three
main development objectives of the country (according to the provisions of the National Development
Strategy 2020), the most substantial share of funds shall be earmarked for activities aimed at supporting
the increase of the level of competitiveness. Measures allocated directly to the objective related to the
efficiency of the state shall receive the smallest share among all three development objectives of the
country, although it is worth remembering that these actions also receive indirect support under the
programmes aimed at the implementation of objectives relating to competitiveness and social and
territorial cohesion.
In years 2014-2020, a total of 8 operational programmes financed from the ERDF, ESF, CF, EAFRD
and EMFF – as well as ETC programmes – shall be implemented at the national level. At the regional
level, a total of 16 regional operational programmes shall be implemented, their number remaining
unchanged compared to the current programming period. Under the cohesion policy, both objectives
specified in the applicable regulations – Investment for Growth and Jobs as well as European Territorial
Cooperation – will be pursued. Additionally, pursuit of Technical Assistance programmes will be
continued, but there will be a change in the method of financing them.
108
Programmes implemented under the objective 1, that is Investment for growth and jobs, shall be
pursued both at the national and regional level. The application of funds for this purpose shall include
the following programmes:
− 3 national programmes co-financed exclusively from a single fund (ERDF or ESF) as well as one
dual-fund programme (co-financed by the ERDF and the CF);
− 1 supra-regional programme relating to the development of Eastern Poland (subsidised from the
ERDF),
− 1 programme pertaining to technical assistance (co-financed from the ERDF);
− 15 dual-fund (ERDF, ESF) regional programmes for provinces categorised as the “less developed
regions”;
− a dual-fund programme (ERDF, ESF) for the Mazowieckie Province, classified as the „more
developed region”.
Under the Common Agricultural Policy and the Common Fisheries Policy, two programmes shall be
implemented at the national level, with financing from the EAFRD and EMFF.
Table 22. Proposed allocation for operational programmes of the cohesion policy under the
2014-2020 framework.
Amount of the
allocation (EUR
billion)*
27.4
8.6
4.6
2.0
2.1
0.7
31.2
76.8
Operational Programme
Infrastructure and Environment OP (2014-2020)
Intelligent Development OP
Knowledge, Education and Development OP **
Eastern Poland OP
Digital Poland OP
Technical Assistance OP
ROP (with the Mazowieckie Province)
IN TOTAL
Share of the
allocation
(%)
35.7
11.2
6.0
2.6
2.7
0.9
40.6
Source: A study of the DSA MG (version adopted by the EC on 23.05.2014), p. 165
Including funds under the Youth Employment Initiative
100.0
* Current prices
**
Enterprises as potential beneficiaries of Community funds in years 2014-2020
Due to ongoing negotiations of both National and Regional Operational Programmes, information
presented in this sub-chapter should be considered as a general guide only. Changes concerning the
following aspects are still possible:
− Titles of axes of particular programmes;
− Amount of allocation of financial means for particular investment axes;
− Types of measures programmed in a given investment axis;
− Beneficiaries of particular investment axes.
Entrepreneurs will be beneficiaries of a number of measures, mostly under Operational Programme
(national, regional as well as supra-regional). Nevertheless, the primary support for them will be
available under:
− Intelligent Development Operational Programme,
− Eastern Poland Operational Programme, and
− Regional Operational Programmes.
Enterprises will be either beneficiaries or target groups of instruments and measures of these
programmes.
109
Enterprises will use the following operational programmes to a limited extent:
− Infrastructure and Environment Operational Programme,
− Knowledge, Education and Development Operational Programme,
− European Territorial Cooperation.
Entrepreneurs will also use programmes concerning agriculture and fisheries.
Due to ongoing works on particular operational programmes (national, supra-regional as well as
regional), it is not possible yet to precisely specify the amount of the allocation of EU funds, the
beneficiaries of which will be enterprises. Nevertheless, it is highly probable that funds beneficiaries of
which will be enterprises will amount to ca. EUR 16 billion. This amount includes allocation for the
Thematic Objectives 1 and 3 (both within national and regional programmes), as well as part of
allocation for the Thematic Objectives 4, 5, 8 and 10. It is worth mentioning that a significant part of the
above allocation will be available in Regional Operational Programmes.
110
Table 23. Allocation of funds under Thematic Objectives of the Cohesion Policy and Operational
Programmes, the beneficiary or one of the target groups of which can be enterprises (including
the SME sector).
Program
me
Thematic objective
ID OP
TO1
enhancing research, technological development and innovation **
TO3
enhancing competitiveness of SMEs, the agricultural sector (with regard to EAFRD) and
the fisheries and aquaculture sector;
in total
supporting the transition to a low carbon economy in all sectors
promoting sustainable transport and removing bottlenecks in key network infrastructure
**
in total
8,316.9
3,537.6
18,802.4
TO8
promoting sustainable employment of high quality and supporting employee mobility **
1,595.8
TO10
investing in education, training and vocational training for acquiring skills and lifelong
learning **
in total
1,591.6
supporting the transition to a low carbon economy in all sectors **
**
in total
769.4
IaE OP
KED OP
EP OP
TO4
TO7
TO3
TO4
TO7
ROP
TO1
TO2
TO3
TO4
TO7
TO8
TO10
Allocation
(EUR
million)
7,487.0
829.9
26,615.5
3,857.9
440.1
756.5
1,966.0
enhancing research, technological development **
increasing the availability, degree of use and quality of ICTs;
supporting the transition to a low carbon economy in all sectors **
2,433.5
977.3
4,009.4
***
promoting sustainable employment of high quality and supporting employee mobility ***
4,237.2
investing in education, training and vocational training for acquiring skills and lifelong
learning ***
2,399.4
in total
25,685.6
5,212.2
3,700.9
* Enterprises will be the principal beneficiary
** Enterprises will be one group of the principal beneficiaries
*** Available to enterprises
Source: A study of the DSA MG on the basis of the Partnership Agreement (version adopted by the EC on
23.05.2014).
•
Intelligent Development Operational Programme (ID OP)
Intelligent Development Operational Programme is the primary programme addressed to enterprises. It
will replace the Innovative Economy Operational Programme. The Programme will support not only
actions aiming at increasing competitiveness of SMEs by their innovativeness, but first of all research
and development works along with their commercialisation and internationalisation as well as
development of new, innovative technologies.
111
Its main objective will be to stimulate innovativeness of the Polish economy through increase in private
investments in R&D, and creating demand of enterprises for innovations and research and
development.
The total allocation for the Programme amounts to ca. EUR 10.1 billion, EUR 8.6 billion of which comes
from the EU funds, and EUR 1.5 billion is the contribution of the country. For regions classified as less
developed, a total amount of EUR 9.2 billion will be made available, while for the Mazowieckie Province
– EUR 0.9 billion.
The funding will be addressed mostly to support of the whole process of innovation development, from
the idea incubation through R&D and prototyping to implementation of results of research. Special
emphasis will be put on cooperation within scientific consortia as well as research centres and
enterprises. Supporting fields defined as (national) smart specialisations will be of significant
importance.
An important element defining the nature of the ID OP will be focus of the support on thematic areas
called smart specialisations, or common potentials for science and economy, determining the
competitive advantage of the country. Thanks to this approach, it will be possible to stimulate dialog
between the sectors of science, business and administration, as well as increasingly effective use of
limited financial means designed for supporting innovativeness. Moreover, according to
recommendations of the European Commission eco-innovations will be given a priority in the ID
OP.
Funding of projects under the ID OP will be adjusted to the risk level related to implementation of a
given venture. In accordance with the above assumption, research and development projects can
receive a grant as ventures with the highest risk, while projects based on implementation of R&D works
should be financed with the use of various types of repayable instruments as projects with relatively
lower risk (bearing only the market risk). In this respect, this Programme differs fundamentally from the
Innovative Economy Operational Programme 92007-2013) under which implementation of new
technologies was supported with subsidies. Nevertheless, due to ongoing negotiations between the
European Commission and the Polish Government certain changes with regard to use of financial
instruments in ID OP may be introduced.
The support will be addressed to:
− enterprises,
− research centres,
− clusters,
− business support institutions, such as: science and technology parks, technology transfer centres,
business angel networks, capital funds.
It should be mentioned that wide range of instruments will be addressed to companies from the
SME sector because this group of enterprises has the biggest problems in pursuit of innovative
activities.
The programme will consist of five priority axes:
Priority Axis 1 Support for conducting R&D by enterprises and scientific and industrial consortia
− Priority Axis 2 Support for innovation in enterprises
− Priority Axis 3 Support for the business environment and the innovative potential of enterprises
− Priority Axis 4 Increasing the R&D potential
− Priority Axis 5 Technical Support
112
•
Infrastructure and Environment Operational Programme (IaE OP 2014-2020)
The Infrastructure and Environment Operational Programme (2007-2013) has until now supported
implementation of over 2 thousand projects in key sectors of economy (transport, environment, power
industry, higher education, culture, health) – PLN 100 billion was committed to these sectors. Their main
beneficiaries were enterprises and LGUs, but also art and cultural institutions, healthcare
establishments and universities. Main directions of the investments specified in the current programme
will be continued in years 2014-2020.
The primary objective of the IaE OP 2014-2020 will be support for environment-friendly economy that
uses resources effectively and promotes territorial and social cohesion. Therefore, a greater emphasis
will be put in IaE OP 2014-2020 on supporting economy that uses available resources effectively and
thus is environment-friendly and economically more competitive.
Available allocation amounts to ca. EUR 27.4 billion, 50% of which will be earmarked for investments in
transport infrastructure at the national and international, as well as communal and municipal level. The
greatest increase in expenditures as compared to the previous financial framework will be observed in
the field of innovativeness and support for entrepreneurs.
The Infrastructure and Environment Operational Programme provides for extensive support for
enterprises, also with regard to reduction of final energy consumption, resource-intensiveness and
emission as well as in terms of reasonable use of natural resources. This direction of the intervention
results from Poland’s obligations concerning environmental protection. It is a considerable challenge for
the Polish energy industry which is based on coal to a great extent. Therefore, a large part of the
intervention will be addressed to enterprises operating in the energy industry.
Co-financing of the investment in the above-mentioned scope is provided for in two priority axis of the
IaE OP 2014-2020: 1 – Reducing emission in the economy and 5 – Improving energy safety.
Under the priority axis 1, funding of the following purposes will be available:
− development of renewable energy sources installations and use of RES energy,
− energy efficiency,
− support for development of smart distribution systems operating at low and medium voltage levels,
− promotion of high-efficiency co-generation of thermal and electric energy based on demand for
useful thermal energy.
Projects in the fields of: construction and modernisation of the energy infrastructure will be co-financed
under the priority axis 5. The total amount earmarked for priority axes 1 and 2 equals over EUR 2.5
billion from the Cohesion Fund and the European Regional Development Fund.
Measures addressed only to entrepreneurs within the Infrastructure and Environment Operational
Programme are as follows:
− Measure 1.1 Support for generation and distribution of energy from renewable sources.
This measure will enable financing of energy generation (electric and thermal energy) from various
renewable sources, including construction and further development of installations leading to increase in
the installed capacity of units. Support for projects pertaining to construction, further development or
reconstruction of the electricity grid will be also possible, which will result in increase in flow capacity of
the electricity industry enabling connection of new production capacity of RES to the National Power
System.
113
− Measure 1.2 Promoting energy efficiency and the use of renewable energy sources in enterprises.
Support will be addressed to entrepreneurs with regard to application of solutions contributing to
optimisation of energy management and increase in energy efficiency, including the use of energy and
heat from renewable energy sources. Identification of a set of actions increasing energy efficiency in a
given enterprise will be made ex-ante on the basis of the energy audit. Also support for cost-effective,
energy-efficient production technologies is provided for (electricity, heat, cool, water) as well as for
implementation of energy management systems. Moreover, if the energy audit conducted in the
enterprise will indicate so, the support may pertain to the so-called thorough comprehensive thermomodernisation of buildings, as well as construction or purchase and implementation of RES installations
using locally available resources in order to meet own needs of the company.
− Measure 1.4 Development and implementation of smart distributions systems operating at low and
medium voltage levels.
This measure provides for support for construction of smart pilot and demonstration grids. The
implemented projects should pertain to modernisation and further development of distribution systems
operating at low or medium voltage level related to implementation of “smart grid” technology in order to,
among others, increase the possibility to connects RES installations and/or reduce network losses.
Elements of financed projects can include intelligent measuring systems and monitoring and control
systems of the smart grid. Projects cannot consist in purchase itself and installation of intelligent
measuring systems.
− Measure 1.5 Promoting low-emission strategies for all types of territories and in particular for urban
areas, including support for sustainable multimodal urban mobility and adaptation efforts intended to
mitigate climate change.
Scope of support under the measure 1.5 will focus on implementation of projects in the field of heating
and cooling network, resulting from low-emission economy plans. EU funds will be granted to projects
aiming at reduction of losses in the process of heat/cool distribution and having the greatest potential of
energy-efficient heat transmission. Upon implementation of the project, the heating/cooling network has
to meet requirements for an “effective heating and cooling system” specified in the directive
2012/27/EC.
− Measure 1.6 Promoting the use of high-efficiency co-generation based on the demand for useful
heat.
Measure 1.6 related to energy generation within high-efficiency co-generation provides for support
earmarked for construction, further development or reconstruction resulting in increase in capacity of
electricity and heat generation units within high-efficiency co-generation, and further
development/reconstruction of heat and/or electricity generation units as a result of which these units
will be replaced with energy generation units in the high-efficiency co-generation system. Also projects
of high-efficiency co-generation using renewable energy sources will be supported.
− Measure 5.1 Increasing energy efficiency and security of supplies through development of intelligent
systems of energy distribution, storage and transmission, as well as through integration of dispersed
energy generation from renewable sources.
This measure is designed for projects concerning energy safety with regard to development of
transmission and distribution networks through their construction, further development and
modernisation in order to ensure efficient electricity and gas system in Poland. Supported projects
should have a “smart” element which will result in, among others, higher energy safety of the country
and increase of the role of the receiver. Within electric power industry, ventures will be supported with
ensure continuity of supplies and energy safety. These investments will include construction,
reconstruction and modernisation of the network, replacement of transformers as well as reconstruction
and further development of power stations aiming at removal of bottlenecks in electricity transmission.
114
With regard to support for development of network efficiency, there is a need to implement smart grid
technologies.
Entrepreneurs and other entities concerned will be able to use also advisory support under the project
planned for implementation by the Ministry of Economy in cooperation with the National Fund for
Environmental Protection and Water Management. The project will consist in nationwide advisory
(expert) support for all stakeholders both from the public and the private sector, including enterprises
and entities not conducting business activities (e.g. natural persons (prosuments) and housing sector
entities (residents’ associations), etc. e.g. associations, foundations, cooperatives), concerning energy
efficiency and effective use and development of RES.
•
Knowledge, Education and Development Operational Programme (KED OP)
Support under the Knowledge, Education and Development Operational Programme will focus on
creation of conditions conducive to business activities and entrepreneurship development. Planned
actions include activities supporting development management capabilities of enterprises, dissemination
of ICTs and IT tools in business, increasing SME’s share in the public procurement market as well as
construction of the early warning and rapid response system to economic changes. At the national level,
also establishment of quality assurance system of development services (including training and advisory
services) rendered to entrepreneurs and employees. Beneficiaries of the KED OP include district job
centres, non-governmental organisations, Polish Agency for Enterprise Development, LGUs and socioeconomic partners.
•
Eastern Poland Operational Programme (EP OP)
The main objective of the Eastern Poland Operational Programme is to increase competitiveness and
innovativeness of the Eastern Poland macroregion, that is Lubelskie, Podlaskie, Podkarpackie,
Świętokrzyskie and Warmińsko-Mazurskie provinces. It is an additional financial support instrument
addressed to 5 provinces of the Eastern Poland, which will complement and strengthen actions carried
out under regional and national programmes of the EU Cohesion Policy, with which key development
ventures will be finances.
Measures provided for in the programme consist in support for the following areas: innovativeness,
competitiveness of enterprises, especially internationalisation, higher efficiency of transport systems in
province capitals and their functional areas, as well as enhancement of internal cohesion of the
macroregion.
The axis addressed to entrepreneurs under the Eastern Poland Operational Programme is the Priority
Axis Entrepreneurial Eastern Poland which covers the Thematic Objective 3. To projects under this axis
belong:
1. Launching platform for new ideas
Support will be provided through creation of conditions conducive to development of new, innovative
business ideas in Eastern Poland.
This support is addressed to young people having an idea (not only from the Eastern Poland),
especially university graduates (aged up to 35) and final-year students who want to implement
innovative business ideas in Eastern Poland. Establishment of an advanced in form incubation system
(support at the stage of pre-business and business activity) aims at creating suitable conditions to stop
the drain of young, talented people from Eastern Poland.
115
Support will be provided through establishment of launching platforms aiming and creating for their
recipients (persons with innovative business concepts) conditions conducive to development of new,
innovative business ideas and their implementation in Eastern Poland in form of start-up enterprises.
The purpose of the instrument “Launching platform for new ideas” is to carry out an adequate selection
of ideas, analysis, necessary tests and works on development of the idea, that is activities thanks to
which start-up enterprise can be established enabling acquisition of needed level of operational
capacities of a new start-up enterprise.
2. Support of SME’s internationalisation
Support will be addressed to increase in internationalisation of SMEs in Eastern Poland. It will consist in
comprehensive, individual, tailored to recipient advisory activities connected with development and
implementation of a new business model in SMEs based on internationalisation of their activities.
Complementary to internationalisation, also actions related to participation of enterprises in national and
international business fairs and away missions will be supported.
3. Support for SMEs and their consortia within supra-regional cluster initiatives
The purpose of the intervention addressed to cluster initiatives under EP OP will be to support projects
leading to creation of innovative (new or improved) products or services through implementation of (own
or acquired) results of R&D works the aim of which should be enhancement of competitiveness of
cluster structure members.
4. Supra-regional tourist products
Measures supported in this field aim at activation of local societies and creation of new jobs, especially
being alternative to work in agriculture, through stimulation of cooperative ties between entrepreneurs in
order to create and develop attractive commercial tourist products based on the existing potential.
Support will be designed for investment projects consisting in creation of new and development of
existing tourist products of at least supra-regional significance.
•
Digital Poland Operational Programme (DP OP)
Entrepreneurs will be indirect beneficiaries of measures planned under the Digital Poland Operational
Programme. This is due to the fact that DP OP concentrates in one operational programme
implemented at the national level the whole intervention from EU funds with regard to creation of
broadband networks.
Thus, entrepreneurs will be main contractors of infrastructure projects implemented under this
programme.
•
Rural Development Programme 2014-2020 (RDP)
Changes in the manner of operation will be made also in the Rural Development Programme. This is
due to the necessity to put a greater emphasis on issues concerning natural environment and
biodiversity protection, as well as development of economic potential of the agricultural and food sector
and forestry. The major beneficiaries of RDP will be entities from the broadly defined agricultural sector,
while a significant part of funds will be earmarked for persons running a farm, including entrepreneurs.
The purposes of instruments planned under the new programme include:
− Development of farms through their modernisation, restructuring of small farms and support
system for “young farmers”;
116
−
Improvement of innovativeness and competitiveness of farms through transfer of knowledge,
counselling and instruments of support of cooperation between farms (also with regard to
development of activities of producer groups);
− Development of ecological agriculture through development of financial support system;
− Development of non-agricultural business activities on rural areas (e.g. conversion of
employees of agricultural and food sector, support for small enterprises, development of
agricultural services).
It should be mentioned that the majority of financial means will be addressed to entrepreneurs pursuing
agricultural business activities.
•
Fisheries and Sea Operational Programme 2014 (FS OP)
Support for entrepreneurs active in the fisheries and fish processing sector will consist in enhancement
of innovativeness of the sector and its modernisation through e.g. investments in equipment of fishing
vessels. Furthermore, FS OP, as RDP 2014-2020, provides for the possibility to support conversion and
diversification of activities of enterprises. Additional support will be provided for activities aiming at
improvement of the quality of goods and products offered by the sector. The main beneficiaries will be
enterprises. Also financing of various activities diminishing environmental impact of the sector is
planned under FS OP.
•
Regional Operational Programmes 2014-2020 (ROP)
Also within various Regional Operational Programmes, significant changes will be introduced – special
emphasis will be put on thematic objectives concerning support of research, technological development
and innovation, development of ICTs, enhancement of competitiveness of SMEs and transition to a low
carbon economy. The only beneficiaries will be entrepreneurs.
ROPs will focus on activities enhancing competitiveness of enterprises through investments and
development of human resources and competencies. They will also strengthen regional smart
specialisations, mainly in the field of innovation and R&D.
117
Table 24. Proposed allocation for regional operational programmes under the 2014-2020
framework
Province
Dolnośląskie
Kujawsko-Pomorskie
Lubelskie
Lubuskie
Łódzkie
Małopolskie
Opolskie
Podkarpackie
Podlaskie
Pomorskie
Śląskie
Świętokrzyskie
Warmińsko-Mazurskie
Wielkopolskie
Zachodniopomorskie
15 in total
Mazowieckie
16 in total
Allocation
EUR million,
current prices
2,252.5
1,903.5
2,231.0
906.9
2,256.0
2,878.2
945.0
2,114.2
1,213.6
1,864.8
3,476.9
1,364.5
1,728.3
2,450.2
1,601.2
29,187.1
2,089.8
31,276.9
%
7.2%
6.1%
7.1%
2.9%
7.2%
9.2%
3.0%
6.8%
3.9%
6.0%
11.1%
4.4%
5.5%
7.8%
5.1%
93.3%
6.7%
100.0%
Source: Partnership Agreement 2014-2020 (version adopted by the EC on 23.05.2014), p. 168.
ROPs will have dual-fund structure, that is they will be financed both from ESF and ERDF. It is expected
that within the budget of all 16 ROPs in the amount of ca. EUR 31.3 billion, entrepreneurs will be able to
become beneficiaries of 23% of these funds, that is ca. EUR 7 billion:
− under ERDF, global support is planned in the amount of ca. EUR 2 billion for activities in the field of
research and development (Thematic objective 1), as well as ca. EUR 4 billion for activities in the
field of increasing competitiveness of SMEs (Thematic objective 4).
− under ESF, ca. EUR 1.5 billion is earmarked for activities in the field of support of entrepreneurship
(establishing and financing business activities) as well as trainings.
At the regional level, activities concerning implementation of research and innovation which will be
supplementary to the offer available at the national level will be carried out. The support will be focused
on R&D activities of enterprises. R&D activities will be performed by enterprises with the use of own
resources or in cooperation with other enterprises, scientific and industrial consortia or scientific
institutions. Moreover, establishment of R&D infrastructure within enterprises will be possible, especially
for the purposes of departments and laboratories in companies or in relation to establishment of R&D
centres and performance of R&D activities by enterprises. Also support for implementation of results of
R&D activities is provided for.
Additionally, activities aiming at enhancing competitiveness of SMEs (Thematic objective 3) will be
carried out, mostly at the regional level due to better adjustment of the support to development needs of
enterprises resulting from smart specialisation and regional potentials. Main directions of the
intervention in the field of support of companies will focus on activities aiming at facilitation of
establishment of new companies through support of entrepreneurship incubators and newly established
companies, as well as actions increasing investment activities of SMEs and resulting in employment
118
growth and sustainable development of the company. Projects in the field of internationalisation of
companies and development of products and services based on ICTs will be supported. Access of
enterprises to foreign capital will be increased through development of financial instruments (especially
loan and guarantee funds).
Thematic objectives of ERDF provide for implementation of projects in the field of energy efficiency and
use of RES energy (electricity and heat) in enterprises, as well as aiming at improvement of air quality
for SME sector. The support will be addressed also to social economy entities.
Wide range of instruments will be available also from sources of ESF. The support will be earmarked for
e.g. projects concerning establishment of companies, as well as adaptation of employees, enterprises
and entrepreneurs to changes. Examples of activities may include: financial and training and advisory
support for persons planning to start business activities, including persons in the most difficult situation
on the labour market, support of qualifications development of entrepreneurs and employees, provision
of comprehensive services (training, counselling, diagnostics) which meet the needs of enterprises,
implementation of strategic management and modern methods of company management, as well as
support aiming at crisis prevention in enterprises affected by negative impact of economic change.
The analysis in the field of financing business activities and challenges in this area outlined in the report
indicated the need to carry out, among others, the following actions:
− facilitation of enterprises’ access to capital at all development stages, in particular as far as venture
capital and SME sector are concerned, e.g. by means of consolidation of the functioning of loan and
guarantee funds, development of non-grant support initiatives, promotion of sources for financing
activities alternative to bank credit, development of venture capital financing system,
− creation of conditions for access of SME sector enterprises to state aid,
− simplification of procedures for leveraging EU funds, with concurrent focus on sustainability of
projects and their conformity with priorities of the socio-economic growth of the country and regions,
− popularisation of and support for the development of Public-Private Partnership (PPP), including
simplification of regulations regarding implementation of projects.
3.4
Institutions supporting SMEs
The system for the support of enterprises and entrepreneurship in Poland encompasses entities
operating at three levels: the national level (including the Ministry of Economy, Bank Gospodarstwa
Krajowego S.A., and the Polish Agency for Enterprise Development), the province level (including the
Marshal’s Offices and Regional Financing Institutions) and the level of local service providers. The latter
level includes organisations entered into the National Services System (KSU) for small and medium
enterprises, including KSU Consultation Points, Credit Guarantee Funds, Loan Funds and the National
Innovation Network, which in turn cooperate with other renowned networks such as the Enterprise
Europe Network. The entities referred to above are responsible for the formulation of strategies and
programmes as well as the implementation of measures aimed at supporting entrepreneurship.
At the central level, the policies intended to support entrepreneurship in Poland are controlled by the
Ministry of Economy, Ministry of Infrastructure and Development (former Ministry of Regional
Development), Ministry of Labour and Social Policy, Ministry of National Education as well as the
Ministry of Science and Higher Education. In addition, at the central level, the function of the institution
tasked with the implementation of actions in this field as well as the analytical and research support is
performed by the Polish Agency for Enterprise Development (PARP). The Agency implements
119
programmes for the development of entrepreneurship and enterprises which support, inter alia,
innovative activity and R&D activity of companies, the internationalisation of enterprises as well as
regional development and the development in the field of human resources. In the years 2007-2013, the
Agency was responsible for the implementation of selected measures co-financed with structural funds
under the Innovative Economy OP, the Human Capital OP, the Development of Eastern Poland OP and
other entrepreneurship support instruments. For this purpose, the Agency provides financial support as
well as training and consultation services. It also carries out research and analytical activities, as well as
information and promotional campaigns. The role of the Agency in the implementation of projects under
the 2014-2020 perspective (Smart Growth OP, Knowledge, Education and Development OP, and
Eastern Poland OP) has not been yet determined.
At the regional level, local government institutions constitute a significant component of the support
system. Implementing measures are performed by Marshal’s Offices or their subordinate institutions.
Their main objective, apart from promoting entrepreneurship at the regional level, is ensuring that
entrepreneurs and individuals contemplating taking up business activity receive reliable information on
the following issues:
− support programmes implemented at the central and regional levels,
− taking up and pursuing business activities,
− possibilities with regard to taking advantage of support in the form of business advice, training
programmes or financial aid.
Direct service providers, i.e. the institutions and organisations specialising in the implementation of
instruments aimed at supporting entrepreneurship, operate at the executive level. The National Services
System (KSU) plays a pivotal role within this scheme. The KSU is a network coordinated by PARP,
consisting of about 220 organisations engaged in mutual cooperation which provide services for both
entrepreneurs and individuals contemplating taking up business activity. The mission of the KSU is to
ensure the development of entrepreneurship by providing high quality services in the key areas which
require state support. The objective of the KSU is to provide comprehensive services pertaining to the
pursuit of business activity as well as the possibilities of obtaining funding for such activity from external
sources. The KSU network consists of KSU Consultation Points, the National Innovation Network as
well as loan and guarantee funds and entities which provide systemic services and perform tests of pilot
services.
Systemic and pilot services of the KSU are provided according to uniform and constantly monitored
standards, specifying, first and foremost, the scope and result of the given service. An important part of
the standard is the fact that before performing the relevant service, the given consultant performs an
assessment of the client’s needs and tailors the scope of the service to the requirements of the client.
Services of the KSU are provided free of charge (information services) or are subsidised (advisory
services in the field of the broadly defined entrepreneurship development and support instruments for
entrepreneurs). The entities which are to provide the services in question are selected from among all
entities which comply with the KSU standards by way of nationwide contests.
More than 1000 consultants are engaged in providing services of the KSU. Annually, approximately 70
thousand clients take advantage of the services offered.
Other forms of institutional support for enterprises (including the National Information System, loan and
guarantee funds, the Enterprise Europe Network, and national contact points for the CIP programme)
are described in other parts of the report.
120
3.5
Infrastructural determinants of entrepreneurship development
A necessary condition for the existence of economic activity is the presence of adequate transport and
telecommunications infrastructure. Infrastructure influences the decision about starting a business to the
same extent as legal freedom of conducting business activity and transparent taxation system.
Poorly developed opportunities for contact and exchange of information as well as for transport of
persons and goods constitute a significant impediment to any business activity. Unsatisfactory traffic
and load carrying capacity of Polish roads as well as their state which is still worse than in many EU
countries, poor condition of a substantial part of railways in Poland, unexploited transport potential of
inland waterways, and unsatisfactory level of spread of broadband Internet are still the basic problems
of Polish infrastructure.
EU funds, both from the ending financial perspective 2007-2013, as well as from the just beginning
perspective 2014-2020, constitute a chance at least for a partial solution of the above-mentioned
problems, and thus also for the creation of better conditions for the development of entrepreneurship.
The biggest challenges related to the proper use of these funds include timely obtaining of necessary
permits, reluctance of some stakeholders of particular investments, coordination of investment
processes and availability of funds for own contribution.
3.5.1
Road transport
The following basic problems of road transport still remain current: lack of complete network of
motorways and express roads, lack of adjustment of many roads to the load carrying capacity of 11.5
tonnes per axle, large volume of traffic moving through built-up areas due to lack of bypasses in many
towns of key importance, and still not fully satisfactory technical condition of roads, also of some which
have been put into use in the recent years, including motorways and express roads. Road safety
remains a common problem, as well.
Adopted by Resolution of the Council of Ministers, the National Road Construction Programme for the
years 2011-2015, which replaced the previously applicable National Road Construction Programme for
the years 2008-2012, entered into force on 25 January 2011. The programme defines the objectives
and investment priorities, indicates the level and sources of necessary funding, and determines the list
of tasks to be performed. The source of financing of road investments under the NRCP 2011-2015 is
the state budget (preparatory work, renovation, on-going maintenance and facility investments) and the
National Road Fund (expenditure on the construction of roads).
A total amount of PLN 82.8 billion (paid out cumulatively from 2010) has been allocated for the
implementation of investment projects financed by the National Road Fund, whose construction is to
begin in 2013. The list of investment projects planned to be started until 2013 contains 78 items with a
total length of approx. 1,992 km (excluding investment projects related to removing the effects of
flood).85 Additional investment projects are presented in the following appendices – from no. 2 to 6, and
include, among others, a list of investments implemented under the new EU financial perspective 20142020, or investments whose start date had to be postponed due to lack of funds. In the case of good
condition of the central budget and obtaining the consent of the Council of Ministers, it will be possible
to allocate additional resources for the implementation of the Programme, which will enable the
execution of investment projects included in appendix no. 3 and no. 4 to the NRCP 2011-2015.
85
This list is attached as Appendix no. 1 to the National Road Construction Programme for the years 2011-2015.
121
According to current guidelines, Poland will have a coherent system of motorways after 2015, and it will
be a system consisting of national motorways A1, A2 and A4 and regional motorways A6, A8 and A18.
In 2013, the total length of roads of all categories completed by the General Directorate for National
Roads and Motorways (GDDKiA) under the NRCP 2011-15 amounted to 350 km (including 120 km of
motorways, 181 km of express roads and 48 km of bypasses). This means that as at the end of 2013
drivers can use 1,491 km of motorways (compared to 1,365 in the previous year) and 1,268 km of
express roads (1,052.4 km in the previous year). By the end of 2014, approx. 500 km of new roads will
have been put into use.86. In 2013, expenses related to the implementation of the NRCP 2011-15
amounted to approx. PLN 12.96 billion (including the state budget resources – approx. PLN 2.84 billion,
and resources from the National Road Fund – approx. PLN 10.11 billion).87. During the same period,
expenses related to repairs of the existing road network amounted to approx. PLN 0.5 billion (about 667
km of roads and 68 bridges). Improvement in the condition of road surface which has taken place over
the last decade is noticeable. As provided for in the National Road Construction Programme for the
years 2011-2015, in 2013 66% of the national road network in Poland will be in good condition, whereas
34% in unsatisfactory and poor condition.88 At the end of 2013, the above-mentioned ratio amounted to
66.1% and 33.9%, respectively.89 The share of roads in poor condition has decreased to 12.5% (by 1
percentage point in comparison to the previous year). Approximately 2,700 km out of 19,742 km of
national roads managed by GDDKiA require immediate repairs.90
Chart 23. Road transport of goods in thousands of tonnes in the years 2005-2012 in selected
European countries*
2005
2006
2007
2008
2009
2010
2011
2012
3 000 000
2 500 000
2 000 000
1 500 000
1 000 000
500 000
0
Poland
France
Germany
Spain
Great Britain
Hungary
Italy
Ukraine
Czech
Republic
* No data for 2011 concerning Great Britain
Source: A study of the DSA MG on the basis of data from Eurostat and Адреса, реквізити та розпорядок
роботи (State Statistics Service of Ukraine)
By the end of 2011, transport of goods by road in Poland increased significantly. In 2012, however, the
volume of freight carried decreased, both in Poland as well as in other European countries.
Annual Report 2013 GDDKiA, Warsaw 2014, p. 7, 11.
See Information concerning the status of implementation of the National Road Construction Programme for the years
2011-2015 – report for 2013, Ministry of Infrastructure and Development, Warsaw 2014, p. 17.
88 See The National Road Construction Programme for the years 2011-2015, p. 25.
89 Report on the technical condition of asphalt and concrete surfaces of national roads as at the end of 2013, GDDKiA,
Warsaw, March 2014, p. 5.
90 Op. cit., p. 8.
86 See
87
122
3.5.2
Rail transport
Poland has a relatively dense network of railway lines, and ranks second in the EU in terms of the
length of railway lines.91. Unfortunately, their technical condition is steadily deteriorating. According to
the data of PKP PLK S.A.92 as at the end of 2013, only 47% of railway tracks were in good condition,
whereas the technical condition of 27% of tracks was satisfactory, and of 26%, unsatisfactory: 25.5% up
to the speed of 120-160 km/h, 37.1% up to 80-120 km/h , 30.4% up to 40-80 km/h, and 7.0% below 40
km/h. In 2013, investment expenditures for activities related to the modernisation of railway lines
amounted to approx. PLN 5.3 billion. Despite the high expenditure on modernisation, the problem still
lies in serious depreciation of railway infrastructure, resulting from many years of neglecting investments
in railways. The level of underinvestment is gradually decreasing, but the amount of current
expenditures is still insufficient.
Currently, there are 104 railway carriers on the Polish railway market, holding 165 licenses for the
transport of passengers and goods as well as for providing traction vehicles and services.93 Polish
railway market, both freight and passenger, is characterised by a high concentration of market shares
and narrow specialisation of carriers.
In 2013, PKP Cargo SA still dominated on the freight market (market share of 58.85% calculated on the
basis of transport performance). The company also ranks second in the European Union in terms of the
volume of freight transported and transport performance.94. However, the market witnesses a slow
consolidation of other carriers around DB Schenker and CTL Logistics, which in the long term may
change the image of the railway market. Apart from PKP Cargo S.A., only 11 out of all companies
providing services in the field of rail freight transport in Poland reached a market share of more than
0.5%.
Database of the International Union of Railways: http://www.uic.org
See data of PKP Polskie Linie Kolejowe (Polish State Railways) as at the end of 2013 – ILK2e-0344/4/2014.
93 See http://www.utk.gov.pl/pl/licencjonowanie/licencjonowani-przewoz/245,dok.html
94 Data of the Office of Rail Transport (UTK) for 2013, See http://www.utk.gov.pl/pl/analizy-i-monitoring/statystykamiesieczna/przewozy-towarowe-2014/2638,Przewozy-towarowe.html
91
92
123
Chart 24. Rail transport of goods in thousands of tonnes in the years 2005-2013 in selected
European countries*
2005
450 000
2006
400 000
2007
350 000
2008
300 000
250 000
2009
200 000
2010
150 000
2011
100 000
2012
50 000
2013
ine
Uk
ra
y
Tu
rke
in
at
Br
i ta
ak
ia
Gr
e
Sl
ov
Po
lan
d
ng
ary
Hu
an
ia
Lit
hu
Ita
ly
Fr
an
ce
Sp
ain
ma
ny
Ge
r
Cz
ec
hR
ep
ub
lic
0
* No data for 2013 concerning Great Britain
Source: A study of the DSA MG on the basis of data from Eurostat and Адреса, реквізити та розпорядок
роботи (State Statistics Service of Ukraine)
3.5.3
Maritime transport
Maritime transport remains the cheapest and most popular means of moving large quantities of goods
over long distances in international trade. Maritime freight transport still constitutes the main trade route
of transcontinental range for Polish enterprises, although there are two operating freight railway lines
from95 Poland to China.
In 2013, Polish maritime and coastal transport fleet included 143 ships (5 ships more than a year
before), with a total load capacity of 3,044.5 thousand tonnes and gross tonnage of 2,093.1, out of
which only 22 ships sailed under the Polish flag. Most vessels were dry cargo ships, but the average
age of the ships is steadily decreasing (currently, it is only 15.3 years).
In 2013, maritime transport fleet served Polish carriers to transport 6,965.4 thousand tonnes of cargo
(decrease by 6.8% compared to 2012), and perform 16.3 billion tonne-kilometres of transport work, i.e.
19.7% more than in the previous year. Cargo traffic at seaports in 2013 amounted to 64.1 million
tonnes, that is 9.0% more than in the previous year. Five following ports had the largest share in cargo
turnover: Gdańsk (42.4%), Gdynia (23.5%), Świnoujście (18.7%), Szczecin (12.3%) and Police
(2.3%).96
3.5.4
Inland waterways transport
Due to low environmental costs, inland waterways seem an economically reasonable means of
transport. Their role in Poland, however, is incomparably smaller than in many EU countries. Due to lack
The railway lines are operated by: PKP Cargo Logistics Group and its partners, Far East Land Bridge and Russian
Railways Logistics (on the route: Suzhou – Warsaw), and by a competitive carrier, Chengdu Hatrans YHF Intermodal
Logistics (on the route: Chengu – Łódź).
96 See Maritime economy in Poland in 2013, Central Statistical Office, Szczecin, April 2014, p. 5.
95
124
of investments in the construction and maintenance of the infrastructure of inland waterways, their
condition is deteriorating, as a result of which only 5.9% (i.e. 214 km) of 3,384 km of navigable
waterways meet the required parameters for the standards applicable in the EU.97
In 2013, as many as about 5.1 million tonnes of cargo were transported in Poland, and about 768.0
million tonnes of transport work were performed. In total, transport of goods in 2013 increased by 10.2%
compared to the previous year, whereas transport work dropped by 5.8%. In 2013, as in the previous
years, ores and other mining and quarrying products (48.8%), hard coal and lignite, as well as crude oil
and natural gas (13.7%) dominated in the structure of goods transported.98
3.5.5
Air transport
Polish air transport market is developing dynamically, owing to investments in new airports and the
general market situation.
In 2013, the number of passengers increased to approx. 24.98 million, compared to approx. 24.43
million a year earlier, i.e. by 2.2% year over year. Over 263 thousand passenger air operations were
reported, which is about 4.9% less than in 2012, and over 6.6% more than in 2011.99 In 2013, Polish
airports served 21.21 million passengers in regular traffic and 3.21 million in charter traffic.100. For the
third year in a row after the crisis, airports achieved a better result than in 2008. Compared to 2008, the
number of passengers increased by more than 21%.101 In 2013, there was a slight increase (by approx.
1.3% YOY) in the “on board” type of freight transport, to more than 62 thous. tonnes.
In 2013, Raynair was the largest carrier on the market of regular passenger air transport (almost 30% of
the market, i.e. approx. 6.6 million passengers). LOT/Eurolot ranked second (almost 27% of the market,
i.e. approx. 5.8 million passengers), whereas Wizzair (approx. 18% of the market, i.e. approx. 4 million
passengers) and Lufthansa (approx. 7% of the market, i.e. approx. 1.5 million passengers) ranked third.
PLL Lot lost its leader position on the Polish market for the first time, in addition to a low-cost airline. It is
also worth mentioning that low-cost carriers (including Raynair, Wizzair and others) currently control
almost 49% of the Polish passenger market. Network carriers own approx. 40.7% of the Polish market,
while the rest is served by charter carriers.102
In 2013, only some Polish airports recorded an increase in passenger traffic, in contrast to 2012, when a
growth was recorded by all airports. The largest increase in the number of passengers in 2013 was
recorded by the airport in Lublin (increase by 3212% - the low base effect), Warsaw (11.5%), KrakówBalice (6.7%), Rzeszów-Jesionka (4.5 %) and Bydgoszcz-Szwederowo (0.8%).103.
97 See Transport wodny śródlądowy w Polsce w 2013, Central Statistical Office, Warsaw, July 2014, p. 1.
98 See Transport wodny śródlądowy w Polsce w 2013, Central Statistical Office, Warsaw, July 2014, p. 4.
99 See Analiza przewozów pasaŜerskich w polskich portach lotniczych w 2013 r., Civil Aviation Authority (ULC), Warsaw,
March 2014, p. 5-6.
100 See Analiza przewozów pasaŜerskich w polskich portach lotniczych w 2013 r., Civil Aviation Authority (ULC), Warsaw,
March 2014, p. 11-12.
101 Own calculations of the Strategy and Analyses Department of the Ministry of Economy based on the Civil Aviation
Authority (ULC) data.
102
See Liczba pasaŜerów obsłuŜonych w polskich portach lotniczych w krajowym i międzynarodowym ruchu regularnym w
czwartym kwartale 2012 i 2013 roku, Civil Aviation Authority (ULC), Warsaw 2014, p. 2 and Analiza przewozów pasaŜerskich
w polskich portach lotniczych w 2013 roku, ULC, Warsaw, March 2014, p. 15.
103 See Liczba obsłuŜonych pasaŜerów oraz wykonanych operacji w ruchu krajowym i międzynarodowym regularnym i czarterowym w latach 2011 - 2013, p. 1.
125
3.5.6 Information and communication technology infrastructure
ICT infrastructure affects the growth of competitiveness of enterprises, among others through
improvements in the communication process, improvement of access to goods and services, reduction
of transaction costs, and enabling access to new sales markets. Owing to their use in the remaining
branches of economy and increase in their productivity, products and services of the ICT sector affect
the acceleration of economic growth and support the development of the information society.
Nowadays, it is difficult to imagine conducting business activity without the support of information and
communication technologies.
Dynamic development of the ICT sector is still observed in Poland. In the years 2009-2012, the number
of companies operating in the ICT sector increased by 25.6%. At the same time, net revenues from
sales in this sector in the same period increased by 30.8%, and in 2012 amounted to PLN 126 billion104.
Chart 25. Share (%) of households with a broadband Internet connection in selected EU
countries in the years 2005-2013*
100
2005
2007
2009
2010
2011
2012
2013
80
60
40
20
in
at
Br
i ta
Gr
e
an
y
Ge
rm
Fr
an
ce
Po
lan
d
ep
ub
lic
Cz
ec
hR
ng
ary
Hu
Sp
ain
Ita
ly
0
Source: A study of the DSA MG based on the data from Eurostat (isoc_bde15b_h).
* - no data for 2005 concerning France
Access to the Internet is steadily increasing, as illustrated by the data on household access to
broadband Internet. Although Poland is catching up quickly, it still has not reached the EU average
(69% vs. 76%).105. The situation among enterprises is similar – in 2013, only 83% of them had access to
broadband Internet, compared with 93% for the EU-28.106
According to data of the Central Statistical Office, in 2013 as many as 95% of enterprises were
equipped with computers, 93.6% had Internet access, and 82% of them had access to broadband
Internet. In 2013, enterprises most often used the DSL type of broadband connection – 80.1% of
business entities. Less popular types of Internet connection included wireless connection through a
104 See Społeczeństwo informacyjne w Polsce. Wyniki badań statystycznych z lat 2009-2013, Central Statistical Office,
Warsaw 2014, p. 20, 21
105 A study of the Strategy and Analyses Department of the Ministry of Economy on the basis of data from Eurostat
(isoc_bde15b_h).
106 A study of the Strategy and Analyses Department of the Ministry of Economy on the basis of data from Eurostat
(isoc_bde15b_e).
126
computer with 3G modem – 47.1%, connection through cable television network – 27.2%, and through a
handset – 38,1%.107
A company website is an effective tool for communication with customers. In 2013, 66% of all surveyed
enterprises had their own website, the main purpose of which was to present goods and price lists to
customers. This ratio is lower than the EU-28 average, as in 2012 approx. 71% of enterprises in the
European Union countries had their own website.
Electronic commerce, both in the B2B (business-to-business) as well as B2C (business-to-consumers)
relation, is a modern dynamically growing market. In 2012, 21.2% of enterprises placed orders via
computer networks, i.e. by 1,9% compared to the previous year, using either a website (20.7%) or EDI
messages (5.3%). These enterprises most often chose suppliers from Poland. In 2012, every ninth
company received orders in this way. Electronic invoices are becoming more and more popular. In
2013, every fourth company in Poland had contact with electronic invoicing, most commonly in the form
of an e-invoice without the possibility of processing (e.g. e-mail with attachment). Automatic data
exchange becomes important in the mutual exchange of information between business entities. In 2013,
automatic exchange of data within the ERP and CRM systems was used by 17.1% and 20% of
companies, respectively. In both cases, these were mostly large enterprises (76.6% and 60%,
respectively).
E-administration significantly improves the operation of enterprises and constitutes an online service
which is most commonly used by entrepreneurs. In 2012, 90.4% of companies contacted public
administration via the Internet.
Polish telecommunications market, understood as the services of mobile and fixed telephony and data
transmission, has been characterised by stabilisation related to its saturation for many years. Year 2013
was the third year in a row when the value of the market (measured by revenues from services) slightly
decreased, to a level of approx. PLN 38 billion.
In 2013, the number of mobile telephony users (calculated as the number of active telephone cards) in
Poland amounted to 56.5 million, which means that there were 146.8 users per 100 residents. More
than half of the users used pre-paid phones. There were 26 operators on the domestic mobile telephony
market, four largest of which supported 98.7% of users, generating 99.8% of revenues from services.
According to data of the PMR research company, value of the mobile telephony market reached approx.
PLN 23 billion, and the so-called added services (e.g. localisation, data transmission, games and
personalisation) have an increasing share in the revenues of telecommunications operators. This is due
to a further decrease in revenues from traditional sources.
Meanwhile, fixed telephony is experiencing a setback: according to the PMR research company,
decrease in revenues YOY amounted to approx. 10%, while the number of subscribers dropped by
about 5%. Similar trends are observed in other EU countries.
3.5.7 Energy infrastructure
Discussing the infrastructural conditions of entrepreneurship development, one cannot forget about
energy infrastructure (energy storage, transmission and distribution infrastructure) which provides
national economy with secure and cost-effective energy supply. Ensuring an adequate access to energy
107
See Społeczeństwo informacyjne w Polsce. Wyniki badań statystycznych z lat 2009-2013, Central Statistical Office,
Warsaw 2014, p. 48.
127
carriers and their efficient distribution throughout the country is one of the modern factors of competitive
advantage, determining the location of a number of industrial and commercial investments, including
foreign investments.
The national electricity infrastructure plays a special role here. Polskie Sieci Elektroenergetyczne S.A. is
the entity responsible for the national power grid, providing services of electricity transmission in
compliance with the required criteria of the energy grid security.. PSE performs the tasks of the
transmission system operator on the basis of its high voltage transmission network which consists of:
− 245 lines with a total length of 13,445 km
− 101 extra-high voltage (EHV) substations
− under-sea 450 kV DC connection between Poland and Sweden, with a total length of 254 km.
The present technical condition of power lines has a negative effect on the energy safety of the country
(especially of rural areas), which, in turn, adversely affects the development of individual regions. It can
also settle the operating and investment decisions of entrepreneurs. Therefore, the modernisation
activities carried out by PSE, which only in 2013 cost over PLN 700 million, are crucially important.
As part of the investment activities, modernisation of power lines and substations has been carried out
in order to improve their reliability, as well as to adapt them to new conditions enabling remote
monitoring and control, and unattended operation. PSE acquires support from the EU funds for the
implementation of its investments. It should be noted that Polish power plants are mainly located near
coal mining areas, i.e. mainly in the south and centre of the country, which has a negative impact on the
stability of power supply in the northern and eastern regions, where at the same time there are
significant shortcomings in the level of development of the power grid. Development of energy networks
must also take into account nuclear power.
Development of the national power grid has a direct or indirect impact, inter alia, on:
− local and sub-regional labour markets,
− the development of industrial plants, manufacturing and service companies – by providing
connection to the national power grid, as well as transmission of electricity,
− the development of renewable energy sources, as well as other alternative (especially
distributed) sources of energy,
− increasing the level of country's energy safety,
− the development of new business models in the energy sector (e.g. Prosument),
− the development of new (often groundbreaking) services based on the combination of ICT, the
so-called smart grids, and the possibilities offered by the so-called intelligent buildings.
In areas where the development of professional power industry could face big limitations, one should
make use of the advantages of renewable energy sources to the growth of energy safety. Development
of the distributed generation based on renewable energy sources will require adaptation to the new
conditions of both the transmission and distribution network, as well as to the procedures concerning
their operation, security measures, etc.
According to the Doing Business 2014 report, Poland ranks 137th (out of 189 classified countries) in a
sub-ranking on the access to electricity. The ranking compares the ease of obtaining a fixed connection
to electricity by an enterprise. This low rating is mainly due to the time-consuming nature of the whole
process (161 days compared to 89 days on average in the OECD) and its cost (205.2% of income per
capita compared to 79.1% on average in the OECD). The questions included in the survey carried out
by the World Bank, however, referred to a specific case of connection to the power grid of a new
warehouse, located – in the case of Poland – on the outskirts of the capital city of Warsaw. According to
128
available information, connection of this warehouse to the grid required building a power connection
across a public road, installation of a new transformer in a facility built specially for this purpose, and
building a cable connection.
In the case of structures smaller than the warehouse mentioned or commercial buildings whose
connection to the grid does not require building a power connection on land owned by third parties, the
time needed is much shorter.
3.5.8 Spatial development
On 4 June 2013, the Council of Ministers adopted the Action Plan serving to implement the National
Spatial Development Concept 2030. The document states, inter alia, that the existing legal system does
not sufficiently prevent conflicts and irrational space management. A set of regulations concerning
spatial development does not create a single cohesive system. Regulations are scattered in numerous
legal acts, and there is a lot of exceptions and exemptions from the overall rules. According to the
authors, the lack of spatial order, especially at the micro level, translates into a lower competitiveness
and productivity of the economy at the macro level. Therefore, the plan provides for the introduction of
comprehensive systemic changes in the spatial development policy. The problems identified in the
NSDC 2030 will be further analysed, and the outlined directions of changes will be clarified.
Construction of a new system involves: efficiency of the spatial planning system, the rule of law in
planning and implementation of spatial development processes, introduction of economic instruments to
the space management system, and creating favourable conditions for business activities while
maintaining the protection of public interest.
The National Urban Policy is one of the elements of the above-mentioned action plan. In July 2013, the
Council of Ministers adopted the National Urban Policy Guidelines for 2020, and in March 2014, the first
draft of the NUP was presented, which initiated discussion with partners before formal inter-ministerial
and social consultations. The draft NUP emphasises the importance and the role of towns in generating
economic growth and creating jobs. This development should take place with respect for resources
(land, energy, and others), and in compliance with the principle of sustainable management.
Important issues in the NUP, strongly emphasised by the authors of the document, include:
− measures against the so-called unrestrained suburbanisation, or “spillage of cities,” by
promoting the idea of a compact city;
− sustainable investments in towns, with preference given to previously developed land, and a
heavy emphasis on the need for comprehensive urban modernisation consisting of
infrastructural, social, economic and environmental components;
− strong emphasis on social participation and the participation of inhabitants and other “users” of
towns in the planning and implementation of their development;
− the need for multi-sectoral response to the demographic problems of Polish towns;
− consistent efforts to achieve sustainable mobility in urban areas;
− development of multi-level cooperation in the management of urban areas (cities and their socalled functional areas);
− pursuit of rational management of resources (land, water, environment, energy), improvement
of the environment condition in cities, and adaptation to climate changes which greatly affect
the inhabitants of cities.
The analysis of infrastructure and related challenges outlined in the report refer to the need for the
implementation of, inter alia, the following measures:
129
− completion of the construction of a coherent road and rail network in Poland, adequate to the
current and projected traffic volumes and to the needs of its users, giving impetus to the
intensification of business processes and increasing the mobility of employees,
− continued efforts to increase the energy efficiency of the economy, and to develop regulations on
the support mechanisms leading to measurable energy savings,
− measures to increase the use of energy from renewable energy sources – having regard to the
development of SMEs, based on the economic calculation, and to the development of new
industries,
− development of new technologies of coal use through actions aimed at promoting research and
development related to the use of coal for the production of liquid and gaseous fuels,
− promotion of nuclear power as positively affecting the competitiveness of the Polish economy and
Polish enterprises, including SMEs, due to the significant impact on the increase of energy safety,
positive impact on electricity prices, as well as the scale, complexity and size of investments,
− stimulating innovation by promoting the use of information and communication technologies (ICT)
and investments in these technologies,
− introduction of mechanisms for rational spatial management, including an efficient system of spatial
planning, as well as creation of conditions for comprehensive modernisation of towns, significantly
increasing their investment attractiveness.
3.6 Collaboration of enterprises within the Special Economic Zones and
clusters
3.6.1
Special Economic Zones
Terms and conditions for granting public aid to enterprises operating in Special Economic
Zones
Special Economic Zones (SEZ) are separate administrative areas in Poland, in which entrepreneurs
implementing new investment projects may benefit from income tax exemptions with regard to the
income generated in a given zone.
The basis for public aid is the authorisation for the pursuit of economic activities within a given Special
Economic Zone. Authorisations are issued by companies tasked with the management of the zones by
way of a joint tender or negotiations. The rules and conditions for the performance of tender procedures
and negotiations are laid down – separately for each SEZ – in the Regulation of the Minister of
Economy and Labour of 2004 on tenders and negotiations and assessment criteria with respect to
projects which are to be implemented by entrepreneurs within Special Economic Zones.
The rules and conditions of investments within SEZ as well as the benefits which stem from the fact of
pursuing business activities within such economic zones are defined in the Act of 20 October 1994 on
Special Economic Zones (Journal of Laws of 2007, No. 42, item 274, as amended) as well as secondary
legislation to the said act.
Entrepreneurs who establish their businesses in Special Economic Zones may benefit from public aid in
the form of tax relief with respect to:
− costs of new investments,
− creating new jobs.
130
The amount of support granted depends on the maximum permitted level of aid defined for the area
where the investment project is carried out and on the amount of costs eligible for support. For
businesses that benefit from the support with regard to employment, the eligible costs refer to the twoyear costs of work performed by the newly employed personnel, whereas for businesses that opt for
investment support, the eligible costs pertains to the costs of new investment.
By the end of June 2014, the maximum aid intensity for investments in the following provinces:
Lubelskie, Podkarpackie, Warmińsko-Mazurskie, Podlaskie, Opolskie, Świętokrzyskie, Małopolskie,
Lubuskie, Łódzkie, and Kujawsko-Pomorskie, amounted to 50%, and to 40% for all other provinces. The
Mazowieckie province was the only exception – since 1 January 2011, the ceiling of the support
intensity for this province has been 30%.
For small and medium enterprises the aid could be increased by 20 percentage points and by 10
percentage points, respectively. This did not apply to enterprises operating in the transport sector.
The amount of aid granted for the costs of a new investment constitutes the product of the maximum aid
intensity specified for a given area and investment costs eligible for aid.
An entrepreneur who receives support from the above-mentioned financial aid resources is obliged to:
− conduct business activity for the period of at least 5 years after completion of the investment or
– in the case of small and medium-sized enterprises – of at least 3 years,
− retain ownership of assets which are connected to investment outlays for a period of 5 years or
– in the case of small and medium-sized enterprises – for a period of 3 years.
Large enterprises may only include the costs of new fixed assets to eligible investment costs.
The amount of aid for the creation of new jobs associated with a given investment is calculated as the
product of the maximum aid intensity and two-year costs of gross salary of newly hired employees
increased by all obligatory payments related to their employment. A large enterprise which benefits from
this aid is obliged to maintain the newly created jobs for a period of 5 years, whereas a small and
medium-sized enterprise, for a period of 3 years.
Following the adoption by the European Commission of new rules on granting regional aid, i.e. the
Guidelines on national regional aid for 2014-2020, and Commission Regulation (EU) No. 651/2014 of 17
June 2014 declaring certain categories of aid compatible with the internal market in application of
Articles 107 and 108 of the Treaty, in the second half of 2014 appropriate adjustments will be introduced
to the legal provisions concerning state aid granted in special economic zones, including the Ordinance
of the Council of Ministers of 10 December 2008 concerning state aid granted to entrepreneurs
operating under a permit to conduct business activity in special economic zones.
There is a total of 14 Special Economic Zones operating in Poland. As at the end of December 2013,
their total area amounted to more than 16.2 thousand hectares. SEZ were located in 151 towns and 217
communes. Compared to 2012, their total area increased by more than 374 hectares. Alterations of
boundaries concerned six zones, i.e.: the Kostrzyń-Słubice Zone, the Kraków Zone, the Łódź Zone, the
Mielec Zone, the Pomorze Zone, and the Warmia-Mazury Zone.
As at the end of 2013, entrepreneurs held a total of 1,709 authorisations for the conduct of business
activity in Special Economic Zones. During the year 2013, a total of 253 such authorisations were
issued. Compared to 2012, the number of authorisations granted increased by over 51%. One of the
significant factors which could lead to increased interest among entrepreneurs in pursuing activities in
Special Economic Zones was the extension of their functioning until 2026.
131
Until the end of 2013, entrepreneurs operating in SEZ invested over PLN 93.1 billion, ensuring jobs for
nearly 266.7 thousand people, out of which nearly 196.1 thousand (i.e. 75.3%) were new jobs, that is
created by investors after obtaining authorisations for conducting business activity in SEZ and resulting
directly from the implementation of new investment projects. Compared to 2012, the aggregate value of
investments increased by more than PLN 7.3 billion, while the number of jobs increased by over 19.2
thousand, including an increase in new jobs by 9.8 thousand.
Table 25. Effects of operation of Special Economic Zones as at 31 December 2013
No.
Special Economic Zone
1 Kamienna Góra
2 Katowice
3 Kostrzyń-Słubice
4 Kraków
5 Legnica
6 Łódź
7 Mielec
8 Pomorze
9 Słupsk
10 Starachowice
11 Suwałki
12 Tarnobrzeg
13 Wałbrzych
14 Warmia-Mazury
In total
Number of
valid
authorisations
59
250
140
101
65
173
183
111
58
71
71
151
204
72
1,709
Investment
expenditures
incurred
(cumulatively in
PLN million)
1,909.1
21,109.5
5,312.1
1,964.4
6,302.4
10,815.5
6,059.0
7,862.2
1,231.9
1,744.8
1,608.2
7,575.5
16,342.8
3,303.8
7227.2
Jobs
New
Maintained
4,622
39,133
15,062
7,928
9,983
20,535
19,731
11,848
2,867
3,368
5,170
19,007
28,830
8,041
196,125
242
13,443
7,568
8,851
254
8,347
3,831
3,546
648
3,012
255
8,223
7,334
5,022
70,576
Source: Ministry of Economy
3.6.2
Clusters in Poland
One of the economic priorities of the government is to ensure the development of Polish enterprises as
well as the increase of the competitiveness of Polish economy in the EU and on global markets. Under
the present conditions, the competitiveness of the economy is increasingly based on Research,
Development and Innovation (R&D&I). Activities aimed at promoting the development of those
enterprises which implement innovative solutions in the course of their business activities are constantly
gaining in importance.
The key to attain the objective referred to above is the use of clusters. By ensuring a natural
cooperation between enterprises, research institutions, business environment institutions, NGOs and
local authorities, clusters take on the role of a catalyst of innovation-centred processes. Cluster
structures are to a large extent conducive to an increase in the level of innovativeness as well as the
enhancement of the potential in terms of knowledge transfer capabilities.
The dynamic increase in the number of enterprises operating in clusters contributes towards increasing
the pace of economic growth, increasing productivity and profits, attracting direct investments,
increasing export levels and creating new jobs. The establishment of clusters within high-tech sectors of
industry is conducive to the increase in the level of innovativeness among enterprises. The functioning
of SMEs within clusters takes on a particular importance, since without institutional support and the
value chain generated within the cluster such enterprises in most cases would be unable to meet the
challenges of the modern market.
132
The first clusters were established in Poland in years 2003-2005. At present, there are over 200 cluster
initiatives operating in Poland (cooperative links, which, at a more advanced stage of development, will
resolve to formalise their activities by way of registration of an applicable legal form, shall be
transformed into clusters). About 50 out of these 200 are active clusters.
Examples of highly successful clusters in the field of innovation include the Rzeszów Aviation Valley,
the Life Science Cluster in Cracow, the Mazovia ICT Cluster, or the Silesian Design Cluster. Polish
clusters operate both in technologically advanced sectors, i.e. the ICT sector or creative industry
sectors, and in traditional sectors of activity. Among the clusters which operate in traditional sectors, one
needs to mention the timber industry cluster, the furniture industry clusters, the construction cluster, the
raw materials cluster, the metal processing cluster, the healthy foodstuffs cluster as well as quality of life
clusters and tourism clusters.
Shaping the further development of clusters in Poland requires the implementation of support
instruments which will encourage the creation of aggregations of this type. Until today, the majority of
existing support instruments took on the form of subsidies from both the EU structural funds allocated at
the national and at regional levels as well as from the state budget.
The concept of economic development based on clusters is compliant with the “Strategy for the
Innovativeness and Effectiveness of the Economy” (SIEE) which was adopted by the Council of
Ministers on 15 January 2013. The Enterprise Development Programme (EDP) developed by the
Ministry of Economy, which is an implementing document to the Strategy, was adopted by the Council
of Ministers on 8 April 2014.
SIEE includes proposals for actions aimed at supporting the development of clusters, including the
reinforcement of business environment institutions, strengthening the cooperative links between
enterprises and higher education institutions, support on global markets (promotion and financial
instruments) as well as repayable instruments for the purchase of state-of-the-art technologies.
The Enterprise Development Programme provides for the establishment of close links between the
activities related to the development of clusters and the so-called smart specialisation which is now one
of the features of EU regional policy. The actions referred to above will be differentiated at the central
and local levels. Activities performed at the local level shall be aimed at supporting the establishment of
new clusters as well as providing support to existing clusters within individual regions and will pertain to
the development of cooperation between existing clusters and large enterprises, business environment
institutions, local government units as well as scientific institutes for the purposes of ensuring a greater
degree of consistency in the operations of individual clusters as well as the development of new
products and innovative services provided by such clusters. At the regional level, activities will be
performed for the purposes of supporting new clusters which emerge in areas having a particular
importance for the competitiveness of the given region in the EU as well as in geographic concentration
areas within the framework of Special Economic Zones.
Activities performed at the central level will focus on key national clusters for which support shall be
granted within the framework of support schemes intended for large investment projects aimed at the
creation of new products, technologies and the inclusion of the best Polish clusters in European and
global value added chains as well as the support of cooperation with other clusters within the EU in the
same areas of activity or in the overlapping sections of different areas of activity, for the purposes of
joint development of products which have the potential to become an export specialty outside the
territory of the European Union.
133
The analysis of cooperation of entrepreneurs within SEZ and clusters, and related challenges outlined in
the report refer to the need for the implementation of, inter alia, the following measures:
− supporting development and promoting the idea of creating clusters, technology platforms and other
cooperative relations between entrepreneurs, and between enterprises and scientific institutions,
aimed at the implementation of innovative projects,
− creating a stronger link between benefits gained by entrepreneurs in SEZ and the innovativeness of
solutions which they implement.
3.7
Barriers to conducting business activities according to entrepreneurs
A survey of entrepreneurs can be a valuable source of information about the barriers they encounter
when running a business; therefore, the Ministry of Economy carries out regular research among SMEs.
Recent survey conducted by the Ministry of Economy,108 indicates that in 2013 the evaluation of the
legal and institutional environment in which enterprises operate did not significantly change compared to
the previous years.
In the view of the entrepreneurs surveyed, the most significant barrier to conducting economic activities
is the level of taxes and fees imposed under the provisions of applicable laws – an opinion shared
by 36% of all surveyed entrepreneurs in the second half of 2013, which is a similar group as in the first
half of 2013 and slightly smaller than in the second half of 2012. Every fourth respondent (22%) pointed
towards low turnover, which is a smaller percentage than in the previous survey. Complex legal
regulations constituted a barrier for 6% of all survey participants. No more than a few years back, this
issue was the third most significant problem which the survey participants pointed towards – yet now it
has given way to other barriers.
Competition from small enterprises (6% of all indications) and large companies (also 6%) were
other barriers seen as significant by a few per cent of all respondents. Even though the share of the
above indications was decreasing over the last few surveys, it still remains relatively high. The number
of entrepreneurs who believe bureaucracy is the most substantial barrier has remained at a constant
level of a few per cent.
The number of respondents who pointed towards labour costs as well as personnel qualifications
remains low (4% and 2% in the second half of 2013, respectively). A total of 2% of respondents stated
that their activities were hindered by the conditions relating to location.
Within the micro-enterprises group, the amount of taxes and fees provided for under the provisions
of applicable laws constituted a problem for 36% of all respondents in the second half of 2013. Low
turnover was considered to be the second most important barrier (as indicated by one in four of all
respondents), whereas other barriers were considered less significant for the smallest enterprises as
they were mentioned by few per cent of all respondents in each case.
Among owners of small businesses, amounts payable due to taxes and fees provided for under the
provisions of applicable laws were indicated by 25% of respondents. Low turnover was considered
the most significant barrier for 14% of those surveyed. For this group of entrepreneurs, the competition
from other small and medium enterprises was also considered a significant barrier, as stated by 13%
of survey participants.
Development trends of the SME sector in the view of entrepreneurs in the second half of 2012 (issue 1/2013), Ministry of
Finance, March 2013,
108
134
The owners of medium-sized companies, on the other hand – apart from excessively high taxation –
point towards complex legal regulations (12%) and low turnover (11%).
Chart 26. The most important barriers to the development of entrepreneurship in the second half
of 2013
Other (please specify)
Location conditions (amount of rent, purchase of
office space)
in total
medium-sized
enterprises
small enterprises
Competition from large enterprises
Competition from small and medium enterprises
Complex legal regulations
Insufficient personnel qualifications
Amount of taxes and fees provided for by law
0%
5% 10% 15% 20% 25% 30% 35% 40%
Source: Survey of the SME sector. Ministry of Economy, April 2014.
Results of the survey show that regulations which determine the pursuit of business activities are
assessed more negatively. Since 2009, the number of negative opinions has been increasing, which is
largely associated with the impact of macroeconomic conditions on the assessment of economic law by
entrepreneurs. In the second half of 2013, nearly two thirds surveyed had a negative or very negative
opinion on the tax law regulations, which is the highest result in the survey’s history. A similar recordbreaking number of negative responses (nearly 40% of survey participants) was recorded in the case of
labour law.
The structure of responses to questions on the regulations and procedures pertaining to economic
courts has stabilised over the recent years (with nearly half of all responses being negative and 10%
positive). The number of negative responses pertaining to regulations related to the supervision of
business activities was slightly smaller in the survey concerning the second half of the year.
From the first half of 2012, the number of negative responses with respect to regulations and
procedures pertaining to settlements with contractors was decreasing and, in the second half of
2013, such responses were given by one in three respondents.
In the second half of 2013, every third respondent noted also that the quality of tax regulations
worsened, and the share of such opinions was slightly higher than in the previous surveys. The number
of entrepreneurs in whose opinion the quality of regulations in other areas associated with business
activity got worse increased as well.
135
In the second half of 2013, nearly every second entrepreneur surveyed viewed the regulations related to
setting up and closing companies as good (or very good), which means that the share of such
entrepreneurs increased slightly. At the same time a negative opinion on these regulations was
expressed by one in five respondents.
136
Chart 27. Assessment of legal provisions regulating business activity
Verynegative
Good
Negative
Very good
Moderate
Very negative
Good
100%
Negative
Very good
Moderate
100%
80%
80%
Tax law
40%
40%
20%
20%
0%
0%
2006.2
2007.1
2007.2
2008.1
2008.2
2009.1
2009.2
2010.1
2010.2
2011.1
2011.2
2012.1
2012.2
2013.1
2013.2
60%
Negative
Good
Very good
Moderate
100%
100%
80%
80%
Negative
Good
Very good
Moderate
Supervision of business activities
Economic courts
60%
Very negative
60%
40%
20%
20%
0%
0%
2006.2
2007.1
2007.2
2008.1
2008.2
2009.1
2009.2
2010.1
2010.2
2011.1
2011.2
2012.1
2012.2
2013.1
2013.2
40%
2006.2
2007.1
2007.2
2008.1
2008.2
2009.1
2009.2
2010.1
2010.2
2011.1
2011.2
2012.1
2012.2
2013.1
2013.2
Very negative
2006.2
2007.1
2007.2
2008.1
2008.2
2009.1
2009.2
2010.1
2010.2
2011.1
2011.2
2012.1
2012.2
2013.1
2013.2
Labour law
60%
Assessment of changes which occurred in individual areas in the second half of 2013
Very negative
Negative
Good
Very good
Moderate
deterioration
no change
0%
100%
tax law
80%
60%
labour law
economic courts
settlements with contractors
supervision of business activities
40%
settlements with contractors
20%
economic law as a whole
2006.2
2007.1
2007.2
2008.1
2008.2
2009.1
2009.2
2010.1
2010.2
2011.1
2011.2
2012.1
2012.2
2013.1
2013.2
0%
setting up and closing companies
Source: Survey of the SME sector. Ministry of Economy, April 2014.
137
improvement
25%
50%
75%
100%
4. INTERNATIONAL COMPETITIVENESS RANKINGS – POSITION OF POLAND
Over the recent years, the position of Poland in some international comparisons and rankings of
competitiveness was systematically improving. This proves that progress has been made and that the
implemented changes – including, in particular, changes related to deregulation – are proceeding in the
right direction.
Information included in such rankings may be helpful while making investment decisions, but it should
be noted that their methodology has certain limitations, and therefore they should be interpreted only in
specific contexts.
Evaluations of the competitive position of the Polish economy as compared to other countries are
presented below, based on a number of selected publications on the subject.
•
“Doing Business 2014” – World Bank and IFC109 Report
The World Bank Report is one of the most renowned and frequently quoted competitiveness studies.
The experts of the World Bank restrict the scope of their evaluation solely to the microeconomic aspects
of business activity. These are generally linked to regulations in 10 areas which are considered crucial
for business, such as paying taxes, enforcing contracts, starting a business or obtaining loans.
According to the results contained in the most recent edition of this report – Doing Business 2014 –
Poland has improved its position by 3 points, taking the 45th place (among the total of 189 countries) in
the overall ranking concerning the ease of doing business.
Much like in the previous edition of the ranking, our country has obtained the highest position in the
category related to getting credit (3rd position – no change compared to 2013), insolvency law (37th
position – similarly to the previous year), procedures related to international trading (49th position – up
by 1 position) as well as protecting investors (52nd position – down by 1 position).
Analogous to the previous year, Poland has obtained the lowest score as regards access to
electricity110. The 137th position (up by 1 position) obtained by our country was the result of such factors
as: costs (205.2% of GDP per capita, that is 2.6 times higher than average costs in the OECD countries)
and time-consuming nature of required procedures (161 days).
In the “starting a business” category, Poland has noted a further improvement by 8 positions. Despite
the above, Poland still ranks relatively low (116th position), which is mostly the result of the number of
days which, according to the findings presented by the authors, is necessary to commence business
activities (30 days compared to an average of 11 in OECD countries) and costs (14.3% of the GDP per
capita compared to 3.6% in OECD countries). Among all EU-13 countries, Lithuania, Slovenia and
Cyprus have received the highest scores (11th, 38th and 44th position, respectively).
With regard to enforcing contractual obligations, Poland has dropped by 1 position and holds the 55th
place. According the calculations of the report’s authors, even in 2012 the period of time necessary to
enforce contractual obligations amounted to 830 days. A year later this period has decreased to 685
days (compared to an average of 529 days in OECD countries). EU-13 countries that received the
109
110
International Finance Corporation.
It refers to a fixed electrical connection obtained by an enterprise for a newly-built warehouse.
138
highest scores in this regard are Lithuania and Latvia (17th and 21th position, respectively), while the
highest scores among all EU countries were noted by Luxembourg (1st) and Germany (5th).
In terms of the ease of payment of taxes, Poland has dropped 9 positions: from 104th to 113th position.
Only 4 EU countries received lower scores, i.e.: the Czech Republic, Hungary, Romania and Italy.
According to the estimates of the authors of the report, an entrepreneur who would be willing to comply
with Polish tax regulations would need to make a total of 18 payments per annum (compared to an
average of 12 in OECD) and spend a total of 286 hours for this purpose (compared to 175 in OECD).
The highest positions among the EU-13 countries were noted by Malta (27th), Estonia (32nd), Cyprus
(33rd) and Croatia (34th).
The authors of the report have identified positive changes in terms of the registration of real property in
Poland, due to which Poland advanced by 9 positions in this regard, rising from the 63rd to the 54th
position. The greatest achievement in this regard is the radical change in terms of the time necessary to
complete the registration process, which went down from 54 to just 35 days. Yet in Lithuania, which has
taken the highest (6th) position among all EU Member States, all procedures related to real estate
registration may be completed in an average time of 2.5 days.
Poland has observed the biggest improvement (by 16 positions) in the “dealing with construction
permits” sub-ranking, but our 88th position is still low. Despite very low costs of obtaining a permit –
compared to the average of OECD countries (10.6% vs. 84.1% of the GDP per capita) – the number of
required procedures clearly exceeds the OECD average (18 vs. 13).
Table 26. Ranking concerning the ease of doing business
Ranking 2013
Ranking 2014
Great Britain Germany France Spain Lithuania Czech Republic Italy Slovakia Poland
11
19
35
46
25
68
67
43
48
10
21
38
52
17
75
65
49
45
Source: A study of the DSA MG on the basis of Doing Business 2014
•
Ernst & Young 2014 European Attractiveness Survey
This year’s European Attractiveness Survey marks the 12th anniversary of the original Ernst & Young
study. The report contains results of an analysis pertaining, inter alia, to the attractiveness of both
Europe and its competitors assessed by a panel consisting of 808 foreign investors. Similarly to the
previous year, Poland was deemed the most attractive as regards investments among all Central and
Eastern European countries. Our country was chosen by 31% of respondents, that is significantly more
than the following Czech Republic (11%), Romania (9%) and Hungary (8%). The report also notes that
there has been a 28% decrease in the number of FDI projects launched in Poland in 2013. At the same
time, the number of newly-created jobs has increased by 6%, which enabled Poland to maintain the
third place in Europe, behind Great Britain and France.
More than half of Polish investments in Poland were made in the processing industry, mainly in the
automotive and plastics manufacture sectors. Poland ranked first in the region as regards the number of
R&D projects, launched mainly by software companies.
Table 27. Ranking of countries according to the number of jobs created by FDI
Ranking 2013
Ranking 2014
1
4
5
8
12
11
3
1
7
2
6
11
15
3
Source: A study of the DSA MG on the basis of the Ernst & Young Attractiveness Survey 2014
139
•
Global Competitiveness Ranking of the World Economic Forum 2013-2014
The Global Competitiveness Ranking is the key component of the annual report of the World Economic
Forum entitled The Global Competitiveness Report, drawn up on the basis of an evaluation of the socalled Global Competitiveness Index (GCI) which measures the overall competitiveness of the
economy. The index was calculated on the basis of over 100 individual indicators grouped into 12
categories (competitiveness pillars) and assigned to three main sub-indexes (basic requirements;
efficiency enhancers; innovations and the degree of business development). Some of the individual
indicators which formed the basis for evaluation were determined on the basis of the results of a survey
performed among entrepreneurs/managers in the period between January and May 2013.111 It was also
partially based on data derived from the public statistical information, up to and including 2012.
In the latest WEF ranking – GCI 2014-2015 – Poland has dropped by 1 position, ranking 43rd among
144 countries. However, Poland ranks higher than ten EU-28 countries: Malta, Italy, Bulgaria, Cyprus,
Romania, Hungary, Slovenia, Slovakia, Croatia and Greece.
Among the 12 categories analysed, Poland has noted the best results in: market size (19th place – down
by 1 position), higher education and trainings (34th place – down by 3 positions) and financial market
development (35th place – down by 3 positions). The lowest results obtained by Poland pertained to
labour market efficiency (79th place – up by one position), innovation (drop by 7 positions to 72nd place),
infrastructure (63rd place – up by 11 positions), macroeconomic environment (63rd place – up by 2
positions), and business sophistication (63rd place – down by 2 positions).
A survey study among the management defined the biggest barriers to the pursuit of business activity to
be: tax regulations (23.2% of answers), restrictive labour market regulations (15.5%), bureaucracy
(14.6%), tax rates (11.2%) and access to financing (9.6%).
Table 28. Ranking according to the Global Competitiveness Index (GCI)
Great
Britain
Ranking 2013-2014
10
Ranking 2014-2015
9
Germany France Spain Lithuania Czech Republic Italy Slovakia Poland
4
5
23
23
35
35
48
41
46
37
49
49
78
75
42
43
Source: A study of the DSA MG on the basis of the Global Competitiveness Report 2013-2014 and 2014-2015
•
Index of Economic Freedom 2014 – Heritage Foundation and Wall Street Journal
The authors of the annual Index of Economic Freedom ranking perform an evaluation of, inter alia, the
freedom of economic activity, trade policies, tax burdens, budget policies, labour market policies and
level of corruption. In the current edition of the economic freedom ranking, encompassing a total of 177
countries, Poland took the 50th position, rising by 7 positions for a second subsequent year, and placed
ahead of 11 EU-28 countries. Compared to last year’s ranking, improvement has been recorded in a
total of 6 areas (budget expenditure, fiscal freedom, business freedom, monetary policy, investment
freedom and trade freedom); in two areas (corruption perception index and labour market) Poland
obtained lower scores than last year, while the results for the remaining two criteria (financial freedom
and protection of property rights) remained unchanged. The highest score was noted in the category of
degree of trade freedom (87.8), as well as monetary and fiscal policy (77.8 and 76.1, respectively).
According to the report’s authors, the economic freedom in Poland is restricted by: budget policy (43.2)
and corruption (54.8).
In Poland, 200 representatives of top management participated in the study in 2014 (the so-called 2nd component). The
analysis of results was partially based on data derived from the survey of 2013 (the so-called 1st component).
111
140
Table 29. Ranking of economic freedom
Ranking 2013
Ranking 2014
14
19
62
46
22
29
83
42
57
14
18
70
49
21
26
86
57
50
Source: A study of the DSA MG on the basis of the Index of Economic Freedom 2013, 2014
•
World Competitiveness Yearbook 2014 – International Institute for Management
Development (IMD)
The latest World Competitiveness Yearbook prepared by IMD evaluates the competitiveness of 60
countries
on the basis of more than 300 detailed criteria. Factors which are taken into account in the course of
evaluation are, inter alia, economic results (economic growth, international trade results, employment,
price levels etc.), public finance, fiscal policy, quality of business legislation, efficiency of enterprises
(e.g. productivity, financial situation of enterprises, management, innovation), infrastructure (including
technical, technological, scientific, healthcare and educational infrastructure). In the current ranking of
the most competitive economies Poland has ranked 36th (down by 3 positions), ahead of 10 EU
Member States112.
Table 30. The IMD Ranking
Ranking 2013
Ranking 2014
18
9
28
45
31
35
44
47
33
16
6
27
39
34
33
46
45
36
Source: A study of the DSA MG on the basis of the World Competitiveness Scoreboard 2014
•
The Global Entrepreneurship and Development Index (GEDI) – The Global Entrepreneurship
Development Institute113
Global Entrepreneurship and Development Index is an annually published index measuring the
condition of ecosystems of entrepreneurship in counties participating in the study (121 in the last
publication). The index methodology takes into account data on entrepreneurial attitudes, skills and
aspirations of the residents of analysed countries, in combination with data on the socio-economic
infrastructure. GEDI takes into consideration such factors as networking, quality of human resources,
technology absorption, level of risk acceptance, business gazelles, business strategies,
internationalisation and innovations. In the latest ranking of 2014, Poland ranked 27th globally, and 14th
among the EU-28 countries.114. In 2012-2013, Poland ranked 32nd.
Table 31. The GEDI Ranking
Ranking 2013
Ranking 2014
14
15
13
27
32
26
43
33
32
10
17
13
32
26
42
50
35
27
Source: A study of the DSA MG on the basis of the Global Entrepreneurship & Development Index 2014 and
2013.
With respect to EU-28 countries, Malta and Luxembourg have not been included in the ranking.
Research and consulting company seated in Washington.
114 Luxembourg and Malta have not been included in the ranking.
112
113
141
CONCLUSIONS
In 2013, for the first time in the history of the REGON register, the number of entities entered into it
exceeded four million. However, insight into the size structure of active entities leads to the conclusion
that micro-companies are less likely to move to a higher level of development than statistical EU microenterprises. Their share has remained at the same level for years and amounts to approx. 96%, i.e. 3
percentage points more than the EU average. This may be a sign of existence of some structural
obstacles – not necessarily lying only in the institutional environment – preventing these entities from
increasing the scale of operations and hiring new employees.
Financial standing of enterprises employing more than 9 persons, compared to 2012, slightly improved
– revenues increased by 0.61%, while costs only by 0.45%. As a result, gross financial result increased
– by 4.1% YOY, to a level exceeding PLN 134 billion. Enterprises gradually increase the amount of
resources intended for investments – in 2013, they spent over PLN 129 billion, which is over PLN 2
billion more than in the record year of 2011. Conducted investments increase both short and long-term
indebtedness of business entities, but at the same time the permanent dominance of own resources in
financing investments by SMEs is observed. In 2013, it strengthened somewhat contrary to substantial
decreases in interest rates.115
Owing to the major (23%) increase in expenditures on research and development in 2012, their ratio to
GDP grew to 0.9%. Thus, there is a visible progress compared to 2007, when GERD amounted to
0.57% of GDP, but this result is still much lower than the EU average (2.1%). A significant part of
expenditures on R&D incurred by Polish enterprises is still used for buying foreign ready solutions rather
than investing in own research and development activities. It is particularly visible in the level of
revenues from the sale of high technologies and the number of patent applications filed with the Patent
Office of the Republic of Poland, most of which relate to trademarks, and not to technical or
technological solutions. Such situation occurs at a relatively wide offer of co-financing of such projects
with the EU funds.
Furthermore, based on the results achieved by Poland in international rankings comparing individual
economies, we can observe, among other things:
− long-term trend of increase in Poland’s position,
− higher position of Poland in rankings concerning investment attractiveness compared to
rankings of the quality of business environment.
The analysis of changes which occurred in the conditions of operation of Polish enterprises in 2013 and
in the first half of 2014 indicates that they are numerous and mostly positive. Many of them are
permanent. Furthermore, they also relate to the most critical elements of the institutional environment
system, such as taxes. Such significant permanent changes include, among others, introduction of the
“principle of two dates” of entry into force of economic regulations, extension of the use of the cash
accounting scheme in relation to VAT together with accompanying accounting changes, shortening the
time of and facilitating the registration of companies in the National Court Register (KRS), ongoing
digitisation of official procedures and standardisation of templates of documents in administrative
procedures, ongoing improvement of the already well-functioning system for the exchange of business
information, as well as opening access to professions and relaxation of some regulations in the field of
labour law. Acceleration of the development of transport and telecommunications infrastructure from the
EU cohesion policy funds has also been observed for several years. What is more, companies in Poland
can also benefit from temporary assistance for entrepreneurs, whether in the form of the BGK’s popular
115
It may also be a sign of certain ineffectiveness of financial market regulations.
142
scheme of de minimis guarantees, or co-financing of jobs at risk and reimbursement of the costs of
retrofitting jobs for the unemployed.
Therefore, it can be stated that the institutional environment in Poland is generally changing for the
better in a holistic manner that at the same time responds to the economic situation. However, the
confrontation of this view with critical opinions consistently expressed by Polish entrepreneurs in respect
of the conditions in which they have to operate, or the migration of Polish entrepreneurs to other EU
countries clearly shows the disparity between the conditions of doing business in Poland and in other
countries (despite the relatively moderate tax rates in Poland). Thus, the judgement cannot be
categorical and makes it vital to deepen the analysis of the currently ongoing changes.
First of all, it should be remembered that Poland – not only in comparison with the Western European
counties, but also with the economies of our region – started off on the road to economic reforms from a
very low level, taking into account the condition of the infrastructure or the openness of the economy.
Long-term progress in adjusting the conditions of doing business is undoubtedly the result of the “low
base” of 1989. It also largely results from the Polish accession to the EU and increasing adoption of the
EU law (applied directly and indirectly).
Polish high positions in rankings of investment attractiveness, in turn, are not a simple reflection of
marks from the rankings concerning the institutional and infrastructural environment of enterprises. The
advantage of some countries in the region in terms of institutional and infrastructural environment of
business activities, e.g. the development of road network (Czech Republic) or the quality of tax system
(Estonia), is obvious. It seems that investors consider slightly different features of the economy to be
decisive as far as the investment attractiveness of a given country is concerned, namely the size of the
country (i.e. of the sales market), access to good employees, and general labour costs, and the Polish
economy actually prevails over its neighbours in terms of these aspects.
Apart from regarding small turnover and strong competition as barriers, Polish entrepreneurs constantly
negatively evaluate the level of fees paid to the State Treasury, the complexity and variability of
legislation, and labour law. Confirmation of these opinions can be found in detailed information
emerging from a more thorough analysis of international rankings.
Decreases in the position of Poland in international rankings (e.g. last year in the WEF and IMD
competitiveness rankings) indicate that the mainstream of institutional changes in our country still does
not have a sufficiently strong and permanent nature. In turn, glaring disparities in the assessment of
individual areas of business environment in Poland (which are small in countries holding top positions of
ranking lists, e.g. the Scandinavian countries) depict permanent shortages in certain areas (judiciary
system, still poor access to broadband Internet). The recently introduced changes (among others, the
imposition of CIT on limited joint-stock partnerships, and expanding the extent of joint liability of the
parties to transactions for supplier’s arrears in VAT) may also be the source of negative perception of
the tax law by entrepreneurs.
A separate area of changes is the issue of system control of the quality of new laws in the form of a
mandatory, three-part, internally coherent impact assessment tool, and facilitating the consultation
mechanism. Nonetheless, it is too early to assess how the system works and how it is reflected in the
regulations introduced. Cases of derogation from the rules of the legislative process are, however, still
observed.
In the recent years, most of the major legal changes have been adopted within the framework of the socalled deregulation acts concerning different areas of activity of citizens and enterprises, or as partial
corrections to the existing solutions. It should be noted, though, that Polish experience from the recent
143
years indicates that real positive effects, confirmed by the improvement of opinions formulated by
entrepreneurs, may be brought by accurately located, even discrete changes (e.g. land and mortgage
register reform). Today, however, it seems that Polish economy is reaching a certain regulatory barrier –
especially in the areas in which no clear improvement of the situation can be observed despite the
introduced changes. In the next few years, comprehensive systemic changes will be required in terms of
taxes, judiciary system and the freedom of economic activity. The problem is recognised, as confirmed
by the announcement of the Minister of Finance concerning the introduction of a new tax ordinance, or
of the Minister of Economy regarding the development of a new act on freedom of economic activity.
144
ANNEX I
Table 32. Entities of the national economy according to the projected number of employees as
well as to selected sections of the Polish Classification of Activities (PKD)
Detailed data
a – 31 Dec 2013
b – dynamics (2012=100)
in total
mining and quarrying
industrial processing
manufacture and supply of
electricity, gas and water
construction
trade and repair of motor vehicles
transportation and storage
accommodation and eating places
information and communication
financial and insurance activities
real estate market services
professional, scientific and
technical activities
administrative and support
activities
public administration and defence
activities; compulsory social
security activities
education
healthcare and social work
activities
activities related to arts,
entertainment and recreation
other service activities
10-49
50-249
250-999
1000 and
more
in total
0-9
a
b
a
b
a
b
a
b
a
b
a
b
a
b
a
b
a
b
a
b
a
b
a
b
a
b
4,070,259
102.4
4,396
105.9
367,005
101.5
7,820
122.6
477,925
101.4
1,074,744
100.8
252,909
99.9
126,582
101.5
116,971
107.9
131,039
101.9
218,142
103.6
371,498
105.5
110,429
108.3
3,890,686
102.5
3,817
106.2
331,909
101.9
7,149
124.9
460,595
101.5
1,043,671
100.9
247,318
99.9
121,269
101.6
113,859
108.1
129,027
101.9
214,562
103.7
364,904
105.6
106,186
108.4
145,425
99.3
411
105.9
26,866
98.1
370
106.3
15,187
98.2
27,501
98.6
4,620
100.0
4,979
98.6
2,657
102.7
1,464
102.4
2,867
99.8
5,735
101.3
3,228
104.7
29,637
99.5
125
102.5
6,742
98.1
221
98.2
1,968
97.4
3,176
99.0
769
101.6
291
98.3
377
100.3
443
100.0
640
100.3
712
100.8
773
104.3
3,736
98.9
31
93.9
1,276
97.9
51
96.2
151
95.6
336
100.0
164
97.6
37
100.0
60
103.4
71
98.6
68
104.6
125
103.3
194
98.5
775
98.1
12
85.7
212
96.8
29
107.4
24
100.0
60
98.4
38
100.0
6
100.0
18
94.7
34
97.1
5
125.0
22
115.8
48
96.0
a
27,033
20,591
3,395
2,606
373
68
b
a
b
a
b
a
b
a
b
99.9
144,319
103.6
211,949
104.4
71,233
103.4
251,927
103.4
100.4
110,252
104.9
203,291
104.5
67,603
103.6
246,578
103.5
98.1
27,410
99.4
6,423
101.6
3,000
100.8
4,416
99.9
99.5
6,512
100.6
1,661
99.9
597
99.8
786
101.2
98.9
89
97.8
470
99.6
28
100.0
123
100.8
95.8
56
100.0
104
97.2
5
100.0
24
96.0
Source: Structural changes in groups of entities in the national economy entered into the REGON register in
2013, Central Statistical Office (GUS), Warsaw 2014.
145
Table 33. Financial data of enterprises according to ownership sector
2007
both sectors
public sector
private sector
both sectors
public sector
private sector
both sectors
public sector
private sector
both sectors
public sector
private sector
both sectors
public sector
private sector
both sectors
public sector
private sector
both sectors
public sector
private sector
both sectors
public sector
private sector
2008
2009
2010
revenues from total activity (in PLN billion)
2,067.7
2,300.9
2,322.6
2,451.6
284.6
309.2
296.2
294.4
1,783.0
1,991.7
2,026.4
2,157.2
costs of total activity (in PLN billion)
1,940.1
2,201.8
2,206.5
2,319.6
269.1
298.3
282.5
272.0
1,671.0
1,903.5
1,924.1
2,047.7
gross financial result (in PLN billion)
127.7
99.1
116.1
131.8
15.6
10.8
13.7
22.4
112.1
88.3
102.4
109.4
net financial result (in PLN billion)
105.7
78.5
95.8
109.9
12.4
7.9
10.4
18.7
93.3
70.6
85.4
91.2
gross profit margin (in %)
6.2
4.3
5.0
5.4
5.5
3.5
4.6
7.6
6.3
4.4
5.1
5.1
net profit margin (in %)
5.1
3.4
4.1
4.5
4.3
2.6
3.5
6.4
5.2
3.5
4.2
4.2
assets profitability rate (in %)
6.3
4.2
5.0
5.3
3.1
1.9
2.3
3.9
7.4
4.9
5.8
5.7
share of profitable entities (in %)
81.8
77.7
77.0
77.8
73.1
69.8
70.4
70.3
82.4
78.1
77.3
78.2
Source: Ministry of Economy based on GUS F-01.
146
2011
2012
2013
2,791.3
311.6
2,479.6
2,898.8
310.5
2,588.3
2,916.6
290.0
2,626.6
2,650.3
283.6
2,366.8
2,770.1
290.6
2,479.4
2,782.6
271.5
2,511.1
141.0
28.1
112.9
128.9
19.9
109.0
134.1
18.5
115.6
116.6
23.4
93.2
107.4
16.2
91.2
114.8
15.6
99.2
5.1
9.0
4.6
4.4
6.4
4.2
4.6
6.4
4.4
4.2
7.5
3.8
3.7
5.2
3.5
3.9
5.4
3.8
5.1
4.7
5.2
4.5
3.1
4.9
4.6
3.1
5.0
77.4
68.7
77.9
76.1
69.7
76.4
77.7
72.4
78.0
Table 34. Revenues and net financial result per 1 enterprise and per 1 employee
over 9 employees
10-49
50-249
over 249
over 9 employees
10-49
50-249
over 249
over 9 employees
10-49
50-249
over 249
over 9 employees
10-49
50-249
over 249
2007
2008
2009
2010
2011
revenues from total activity per 1 enterprise (in PLN thousand)
45,852.6
48,449.1
45,915.1
50,197.2
55,517.7
11,516.4
12,364.3
11,269.5
12,531.7
14,016.9
43,161.8
44,544.5
42,502.4
44,237.1
50,260.1
364,502.2
404,018.1
428,423.4
456,992.1
516,682.4
net financial result per 1 enterprise (in PLN thousand)
2,345.0
1,654.1
1,894.0
2,251.1
2,319.7
618.7
513.4
470.9
588.2
254.0
2,026.2
1,395.9
1,493.6
1,518.7
1,564.8
19,157.5
13,516.1
18,941.7
22,452.2
27,586.8
revenues from total activity per 1 employee (in PLN thousand)
425.6
461.6
474.5
498.6
565.2
448.8
498.2
476.9
519.6
589.6
408.0
433.6
430.7
433.9
493.9
428.7
467.1
499.6
529.3
597.5
net financial result per 1 employee (in PLN thousand)
21.8
15.8
19.6
22.4
23.6
24.1
20.7
19.9
24.4
10,7
19.2
13,6
15.1
14.9
15.4
22.5
15.6
22.1
26.0
31.9
147
2012
2013
56,343.3
14,148.3
50,578.1
535,510.4
56,876.5
14,334.3
51,941.6
536,111.7
2,087.6
632.0
1,499.0
20,458.2
2,238.0
542.1
1,796.0
22,465.6
589.7
608.8
509.3
628.5
588.9
619.7
513.2
620.6
21.9
27.2
15.1
24.0
23.2
23.4
17.7
26.0
Table 35. Financial data of enterprises according to the number of employees
2007
over 9 employees
10–49
50–249
over 249
over 9 employees
10–49
50–249
over 249
over 9 employees
10–49
50–249
over 249
over 9 employees
10–49
50–249
over 249
over 9 employees
10–49
50–249
over 249
over 9 employees
10–49
50–249
over 249
over 9 employees
10–49
50–249
over 249
over 9 employees
10–49
50–249
over 249
2008
2009
2010
revenues from total activity (in PLN billion)
2,067.7
2,300.9
2,322.6
2,451.6
325.7
366.9
360.3
388.6
589.0
652.5
662.0
652.3
1,152.9
1,281.5
1,300.3
1,410.7
costs of total activity (in PLN billion)
1,940.1
2,201.8
2,206.5
2,319.6
305.7
348.3
342.3
366.9
556.4
626.9
633.6
624.9
1,078.4
1,226.7
1,230.6
1,327.8
gross financial result (in PLN billion)
127.7
99.2
116.1
131.8
20.5
18.6
18.0
21.7
32.6
25.6
28.5
27.1
74.6
54.9
69.6
83.0
net financial result (in PLN billion)
105.7
78.6
95.8
109.9
17.5
15.2
15.1
18.2
27.6
20.4
23.3
22.4
60.6
42.9
57.5
69.3
gross profit margin (in %)
6.18
4.31
5.00
5.37
6.29
5.07
5.00
5.58
5.54
3.93
4.30
4.16
6.47
4.29
5.35
5.88
net profit margin (in %)
5.11
3.41
4.13
4.48
5.37
4.15
4.18
4.69
4.69
3.13
3.51
3.43
5.26
3.35
4.42
4.91
assets profitability rate (in %)
6.35
4.23
5.00
5.30
6.97
5.65
5.43
5.93
6.23
4.41
4.70
4.56
6.24
3.81
5.03
5.42
share of profitable entities (in %)
81.8
77.7
77.0
77.8
81.3
78.2
76.7
77.3
82.6
76.9
76.8
77.8
82.9
76.3
80.6
81.7
148
2011
2012
2013
2,791.3
457.3
731.2
1,602.7
2,898.8
474.5
747.6
1,676.7
2,916.6
483.8
747.3
1,685.5
2,650.3
446.0
703.6
1,500.8
2,770.1
449.6
721.0
1,599.4
2,782.6
462.7
716.9
1,603.0
141.0
11.4
27.6
102.0
128.9
24.9
26.6
77.3
134.1
21.1
30.4
82.6
116.6
8.3
22.8
85.6
107.4
21.2
22.2
64.1
114.8
18.3
25.8
70.6
5.05
2.49
3.77
6.37
4.45
5.25
3.56
4.61
4.60
4.37
4.07
4.90
4.18
1.81
3.11
5.34
3.71
4.47
2.96
3.82
3.93
3.78
3.46
4.19
5.11
2.40
4.24
6.12
4.53
5.82
3.93
4.44
4.62
5.05
4.29
4.66
77.4
77.1
77.8
79.6
76.1
75.7
76.2
79.9
77.7
76.7
78.9
83.2
Table 36. Indebtedness of enterprises
2007
over 9 employees
10–49
50–249
over 249
over 9 employees
10–49
50–249
over 249
over 9 employees
10–49
50–249
over 249
over 9 employees
10-49
50-249
over 249
2008
2009
2010
2011
short-term liabilities (in PLN billion)
462.4
533.2
522.4
571.0
644.1
77.1
87.4
82.6
97.0
118.0
129.7
140.5
148.3
151.3
172.1
255.6
305.3
291.5
322.7
354.0
long-term liabilities (in PLN billion)
186.0
237.5
248.4
263.1
317.0
33.4
44.5
43.0
47.8
58.9
52.8
59.6
63.7
70.6
75.1
99.8
133.5
141.8
144.8
182.9
long-term liabilities per 1 enterprise (in PLN thousand)
4,126.1
5,001.8
4,910.7
5,387.2
6,304.4
1,182.0
1,499.0
1,344.9
1,540.6
1,806.0
3,870.1
4,067.8
4,086.7
4,785.3
5,164.2
31,557.0
42,079.9
46,705.4
46,899.3
58,967.0
long-term liabilities per 1 employee (in PLN thousand)
38.3
47.7
50.7
53.5
64.2
46.1
60.4
56.9
63.9
76.0
36.6
39.6
41.4
46.9
50.7
37.1
48.6
54.5
54.3
68.2
2012
2013
639.2
110.5
172.6
356.1
662.4
109.4
178.6
374.4
325.5
59.8
83.0
182.7
346.6
54.8
91.7
200.2
6,326.1
1,781.7
5,615.6
58,354.6
6,759.2
1,622.6
6,371.5
63,670.6
66.2
76.7
56.5
68.5
70.0
70.1
62.9
73.7
Table 37. Indices characterising indebtedness of entities
2007
over 9 employees
10–49
50–249
over 249
over 9 employees
10–49
50–249
over 249
over 9 employees
10–49
50–249
over 249
over 9 employees
10–49
50–249
over 249
2008
2009
2010
2011
debt index (liabilities/assets)
0.39
0.41
0.40
0.40
0.42
0.44
0.49
0.45
0.47
0.51
0.41
0.43
0.43
0.45
0.46
0.37
0.39
0.38
0.37
0.38
liabilities/equity capital
0.72
0.81
0.77
0.78
0.85
0.85
1.03
0.89
0.99
1.20
0.76
0.83
0.83
0.93
0.97
0.67
0.75
0.72
0.68
0.73
long-term liabilities/equity capital
0.21
0.25
0.25
0.25
0.28
0.26
0.35
0.31
0.33
0.40
0.22
0.25
0.25
0.30
0.30
0.19
0.23
0.24
0.21
0.25
long-term liabilities/revenues from sale of basic products and services
0.16
0.18
0.19
0.19
0.20
0.29
0.33
0.33
0.33
0.35
0.18
0.19
0.19
0.21
0.20
0.13
0.16
0.17
0.16
0.18
149
2012
2013
0.41
0.47
0.45
0.37
0.41
0.45
0.45
0.38
0.80
0.98
0.95
0.71
0.79
0.92
0.92
0.72
0.27
0.34
0.31
0.24
0.27
0.31
0.31
0.25
0.20
0.34
0.21
0.18
0.22
0.31
0.23
0.19
Table 38. Financial liquidity ratios
2007
2008
over 9 employees
10–49
50–249
over 249
1.44
1.52
1.46
1.41
over 9 employees
10–49
50–249
over 249
1.01
1.05
1.02
0.99
over 9 employees
10–49
50–249
over 249
0.34
0.32
0.33
0.36
2009
2010
liquidity ratio
1.40
1.47
1.49
1.48
1.56
1.59
1.49
1.52
1.53
1.34
1.42
1.45
quick financial liquidity ratio
0.98
1.05
1.08
1.02
1.10
1.16
1.03
1.06
1.07
0.94
1.03
1.06
cash ratio
0.35
0.40
0.42
0.35
0.40
0.46
0.34
0.36
0.36
0.35
0.41
0.43
2011
2012
2013
1.48
1.49
1.48
1.47
1.48
1.66
1.52
1.40
1.45
1.62
1.51
1.37
1.05
1.09
1.03
1.05
1.03
1.20
1.05
0.97
1.02
1.16
1.05
0.97
0.40
0.42
0.33
0.42
0.38
0.49
0.35
0.36
0.38
0.44
0.37
0.36
Table 39. Indicators of export activities
2007
over 9 employees
10–49
50–249
over 249
18.0
7.0
12.0
23.0
over 9 employees
10–49
50–249
over 249
114.4
112.0
113.7
115.1
over 9 employees
10–49
50–249
over 249
114.0
105.9
115.0
114.3
2008
2009
2010
2011
share of export sales in net revenues (in %)
17.0
16.0
18.0
18.0
7.0
7.0
8.0
8.0
12.0
12.0
13.0
13.0
22.0
21.0
22.0
24.0
dynamics of revenues from total activity (in %)
111.3
100.9
105.6
113.8
112.6
98.2
107.8
117.7
110.8
101.5
98.5
112.1
111.2
101.5
108.5
113.6
dynamics of export sales (in %)
101.9
101.6
111.6
118.6
108.4
96.6
109.1
126.8
104.2
106.8
105.8
115.1
101.0
100.7
113.2
119.0
150
2012
2013
19.0
8.0
15.0
24.0
20.0
9.0
16.0
25.0
103.8
103.7
102.2
104.6
100.6
101.2
99.9
100.5
107.2
103.3
116.9
107.3
106.2
118.3
107.5
105.2
Table 40. Investment activity of enterprises employing more than 9 employees
2007
over 9 employees
2008
2009
2010
value of investment outlays (in PLN billion)1
126.3
133.1
2011
2012
118.7
113.9
127.5
124.7
14.3
17.3
15.2
15.3
17.1
15.3
31.1
29.6
26.0
25.3
28.7
27.1
80.9
86.1
77.6
73.3
81.7
82.3
value of investment outlays per 1 enterprise (in PLN thousand)
over 9 employees
2,802.0
2,801.8
2,347.4
2,332.7
2,535.1
2,424.0
10–49
504.2
583.7
476.1
494.1
522.8
455.3
50–249
2,281.6
2,021.5
1,667.0
1,717.8
1,970.4
1,835.5
over 249
25,594.9
27,152.6
25,552.6
23,736.9
26,348.4
26,288.9
value of investment outlays per 1 employee (in PLN thousand)
over 9 employees
26.0
26.7
24.3
23.2
25.8
25.4
10–49
19.6
23.5
20.1
20.5
22.0
19.6
50–249
21.6
19.7
16.9
16.8
19.4
18.5
over 249
30.1
31.4
29.8
27.5
30.5
30.9
ratio of investment outlays to revenue from sale of basic products and services (in %)
over 9 employees
10.77
10.36
9.26
8.34
8.19
7.7
10–49
12.50
12.86
11.58
10.64
10.20
8.7
50–249
10.73
9.44
7.88
7.56
7.73
6.9
over 249
10.53
10.30
9.45
8.27
8.02
7.9
share of investment outlays in financial surplus
over 9 employees
0.68
0.78
0.62
0.55
0.57
0.56
10–49
0.57
0.69
0.61
0.54
0.85
0.44
50–249
0.68
0.72
0.57
0.57
0.61
0.56
over 249
0.71
0.82
0.65
0.55
0.52
0.59
share of investment outlays in depreciation
over 9 employees
2.01
1.91
1.62
1.50
1.58
1.45
10–49
2.76
2.87
2.36
2.18
2.24
1.86
50–249
2.30
2.03
1.61
1.56
1.67
1.48
over 249
1.83
1.76
1.53
1.39
1.46
1.38
10–49
50–249
over 249
2013
129.1
14.6
30.0
84.6
2,517.9
431.4
2,084.4
26,899.3
26.1
18.6
20.6
31.1
8.0
8.1
7.6
8.2
0.56
0.47
0.58
0.57
1.46
1.73
1.59
1.39
Table 41. Number of entities employing more than 9 employees and the number of employees
2007
over 9 employees
10–49
50–249
over 249
45,094
28,284
13,647
3,163
over 9 employees
10–49
50–249
over 249
4,858,398
725,715
1,443,514
2,689,169
over 9 employees
10–49
50–249
over 249
107.7
25.6
105.8
850.2
2008
2009
2010
number of business entities examined
47,491
50,585
48,839
29,671
31,974
31,007
14,648
15,576
14,745
3,172
3,035
3,087
number of employees
4,985,053 4,895,073 4,916,471
736,428
755,646
747,761
1,504,949 1,537,021 1,503,426
2,743,676 2,602,406 2,665,284
number of employees per 1 enterprise
105.0
96.8
100.6
24.8
23.6
24.1
102.7
98.7
101.9
865.0
857.5
863.4
Source: Central Statistical Office (GUS) F-01.
151
2011
2012
2013
50,277
32,627
14,548
3,102
51,449
33,536
14,782
3,131
51,280
33,748
14,388
3,144
4,938,733
775,680
1,480,406
2,682,647
4,915,414
779,367
1,468,112
2,667,935
4,952,889
780,683
1,456,350
2,715,856
98.2
23.8
101.8
864.8
95.5
23.2
99.3
852.1
96.6
23.1
101.2
863.8
Table 42. Number of active enterprises in years 2006–2011 (in thousand)
in total
below 10 employees
–49
50–249
over 249
2007
1,777,076
1,713,194
45,184
15,452
3,246
2008
1,788,336
1,714,789
54,262
16,078
3,207
2009
1,673,527
1,604,417
50,189
15,808
3,113
2010
1,726,663
1,655,064
52,591
15,841
3,167
2011
1,784,603
1,710,598
54,999
15,817
3,189
2012
1,794,943
1,719,187
57,071
15,817
3,201
Source: Central Statistical Office (GUS): Activity of non-financial enterprises in 2012 (and earlier issues).
Table 43. Average gross monthly remuneration in enterprises in years 2006–2011 (in PLN)
in total
below 10 employees
10–49
50–249
over 249
2007
2,732
1,555
2,488
2,839
3,361
2008
2,987
1,729
no data
3,107
3,699
2009
3,139
1,879
no data
3,242
3,850
2010
3,300
2,006
no data
3,363
4,012
2011
3,481
2,059
no data
3,568
4,255
2012
3,628
2,172
no data
3,706
4,430
Table 44. Revenues, costs, incomes and investment expenditures in enterprises (nominal
values)
in total
below 10 employees
Total revenues in PLN
10–49
billion
50–249
over 249
in total
below 10 employees
Total costs in PLN billion 10–49
50–249
over 249
in total
below 10 employees
Gross profit
10–49
in PLN billion
50–249
over 249
in total
below 10 employees
Investment outlays in
10–49
PLN billion
50–249
over 249
2007
2,888
671
382
653
1,182
2,661
585
353
614
1,108
254
100
31
42
81
144
18
16
35
75
2008
3,088
662
449
692
1,284
2,896
577
420
663
1,235
no data
no data
no data
no data
no data
157
20
18
33
86
2009
3,079
699
417
657
1,306
2,872
614
393
625
1,239
256
105
30
39
81
143
22
16
31
75
2010
3,297
719
449
689
1,439
3,046
618
420
649
1,358
291
121
34
46
89
141
25
17
29
70
2011
3,666
761
520
769
1,616
3,425
665
501
738
1,521
298
114
36
41
107
161
28
19
34
80
152
2012
3,763
762
555
767
1,679
3,542
674
523
736
1,607
275
106
39
40
90
154
24
17
33
80
ANNEX II: IMPLEMENTATION OF SMALL BUSINESS ACT IN POLAND IN 2013
One of the priorities of the Polish economic policy is to provide optimum opportunities for the operation,
development and competitiveness of small and medium-sized enterprises. The main strategic document
at the EU level, determining the SME policy framework is the Communication “Think Small First. A
Small Business Act for Europe” COM(2008) 394. It builds on the achievements of the policies of the EC
and Member States, and creates a new policy framework which integrates the existing instruments of
enterprise policy and modern policy concerning SMEs.
SBA determines, inter alia, the principles of support and measures to support SMEs at every stage of
their life cycle within the following ten priority areas which should be covered by the intervention:
1. creation of conditions in which entrepreneurs can thrive, and entrepreneurship is rewarded (see
below - priority area I);
2. ensuring that honest entrepreneurs facing bankruptcy are quickly given a second chance (see
below - priority area II);
3. development of regulations according to the “Think Small First” principle (see below – priority
area III);
4. ensuring appropriate response of public administration authorities to the needs of SMEs (see
below - priority area IV);
5. adjustment of the instruments of implemented policies to the needs of SMEs: facilitating the
participation of SMEs in public procurements and making use of the possibilities of state aid for
SMEs (see below - priority area V);
6. facilitating access of SMEs to financing and development of legal and business environment
in the scope of execution of timely payments in commercial transactions (see below - priority
area VI);
7. supporting SMEs in making better use of the opportunities offered by the Single Market (see
below - priority area VII);
8. supporting the upgrading of skills in SMEs and all forms of innovation (see below - priority area
VIII);
9. enabling SMEs to turn challenges related to environmental protection into new development
opportunities (see below - priority area IX);
10. encouraging SMEs to benefit from access to markets and providing relevant support (see below
- priority area X).
SBA creates a new framework for the entrepreneurship policy which integrates existing support
instruments, focusing in particular on the creation of modern SME policy. One of the key conditions for
effective implementation of the SBA objectives is the regular monitoring of conducted activities
according to a specific methodology for collecting information. In order to determine the effectiveness
and progress of implementation of measures in individual SBA priority areas in Poland, information was
collected on the ongoing as well as planned SBA initiatives. Information presented in the following
chapter include only new measures – initiated and implemented in individual SBA areas since
2013. It should be emphasised that, apart from the actions described below, support schemes /
measures initiated in the previous years functioned in Poland simultaneously.
153
The 2020 Enterprise Development Programme
The 2020 Enterprise Development Programme116creates a comprehensive system of support
instruments tailored to the needs and expectations of enterprises, at the same time referring to the
recommendations set out by the EC in particular SBA priority areas. The programme includes a set of
instruments whose implementation is to provide a comprehensive support system for improving the
competitiveness of Polish enterprises.
The main objective of the Enterprise Development Programme is to achieve high and
sustainable growth in productivity in the sector of enterprises, leading to increase in their
competitiveness, also at the international level. This goal will be achieved by facilitating the
development of all enterprises (regardless of their stage of development), and providing assistance in
obtaining a favourable competitive position.
Implementation of EDP will reduce the challenges for stable economic development resulting, among
other things, from a gradual deceleration of investments in infrastructure, ageing population, the
difficulty in achieving a balance of public finances and insufficient practical use of research and
development potential. The measures included in the Programme will assist enterprises in undertaking
activities in the area of R&D, increase their ability to collaborate with the scientific community and
provide tools for the creation of common potentials, including within clusters and technology platforms.
They will result in the production of marketable products and services of better quality and better
tailored to the needs of consumers.
Instruments specified in the Programme focus on: the establishment of a more business-friendly
environment, the reinforcement of entrepreneurship, increasing the quality of human capital
(innovativeness and adaptability of employees), supporting R&D, strengthening cooperation with the
scientific community, the internationalisation of Polish enterprises as well as their sustainable
development.
The following objectives were determined under the Programme:
1. Adjustment of the regulatory and financial framework to the needs of innovative and
effective economy
One of the means of achieving this objective is the “Better Regulations 2015” programme adopted by
the government in January 2014. It provides for an overall improvement of the existing legislation and
creation of new, transparent provisions concerning, inter alia, the removal of the most onerous barriers
and administrative burdens or creation of legal environment conducive to business activity. A modern
public procurement system will be developed which will be more friendly to small and medium
companies. The following measures are also envisaged: greater use of the public-private partnership
formula, tax relieves for R&D, facilitating investments in SMEs (business angels), a new guarantee
programme for the purchase of modern technologies, machinery and equipment, supporting projects of
key importance for the Polish economy, as well as supporting new entrepreneurs (start-ups).
2. Stimulating measures fostering innovativeness in enterprises through increased
efficiency of knowledge and work
One of the priorities of this objective are broad educational activities, including educational services
tailored to the modern economy, both at the national and regional level, and projects aimed at closer
cooperation between entrepreneurs and the formal education system. It is planned to actively promote
More information: p. 47 of the Report
and:http://www.mg.gov.pl/Wspieranie+przedsiebiorczosci/Polityki+przedsiebiorczosci+i+innowacyjnosci/Program+Rozwoju+
Przedsiebiorstw
116
154
entrepreneurship and innovativeness as an element of market competitiveness. It will also be an
important course of action to strengthen and develop clusters, i.e. groups of companies and institutions
having economic as well as scientific and technological potential, related both functionally and at the
level of different types of interactions, while observing the rules of competition. Bottom-up initiatives will
be encouraged. It is planned to support the systemic coordination of the ICT industry development,
which can drive the development of the Polish economy.
3. Increase in the efficiency of utilisation of natural resources
Development and implementation of innovative environmental technologies is very often connected with
a serious technological and economic risk. Therefore, sound knowledge of various technologies will be
crucially important. It is planned to enhance mechanisms supporting the dissemination and exploitation
of research results and accelerating the transfer of knowledge and environmental technologies to
practical market use. Furthermore, measures are envisaged for the development of social enterprises,
i.e. companies operating in socially useful purposes.
4. Increasing the level of internationalisation of the Polish economy
Measures will be targeted at entrepreneurs offering products on international markets and aimed at
increasing the value of Polish brands in Western markets. Building a national brand is to be based on
high export potential of Polish entrepreneurs. These measures will include consulting, information and
promotional activities.
SBA Priority Area I – Entrepreneurship
Entrepreneurship is an important factor in social and economic life, which is why it is so vital to create
good conditions for entrepreneurs, e.g. by promoting the interest in entrepreneurship. In order to
improve the image of entrepreneurs and promote entrepreneurship in the Polish society, the Polish
Agency for Enterprise Development conducts a nationwide awareness-raising campaign under the title:
National Programme for Entrepreneurship. The campaign is one of the main activities under the
systemic project: “Improving the image of entrepreneurs and promoting entrepreneurial attitudes.” The
project is implemented under sub-measure 2.1.3 of the Human Capital Operational Programme cofinanced by the European Social Fund.
The campaign is targeted both at young people with interesting ideas for their own business, as well as
at experienced, professionally active people who want to turn their skills and abilities into the benefits of
running their own company. The aim of the Programme is to present people running their own business
as people full of passion, energy and commitment to what they do. The Programme is also to serve as a
substantial support for aspiring entrepreneurs who are looking for practical tips on how to independently
pursue professional dreams.
Furthermore, the objective of the awareness-raising campaign is to build a positive image of
entrepreneurs and educate in the field of starting a business, among others by effectively and efficiently
reaching two different target groups. The first one consists of people aged 18-29 (women, men,
students and graduates). The second group includes those aged 30-49 (women and men, having a job,
not having their own business, not being senior managers, and living in towns up to 50 thousand
inhabitants). Taking into account the diversity of the campaign’s target groups, a variety of measures
and various forms of reaching the target groups were planned.
The part of the “National Programme for Entrepreneurship” addressed to the first target group involves
the organisation of an entrepreneurship competition. This action was based on an online platform where
the participants solved a test in entrepreneurship, the correct completion of which resulted in the
opportunity to qualify for the next stage of the competition involving the preparation of a business plan.
The best business plan was awarded the amount of PLN 60,000 for its implementation. However,
155
according to studies and expert recommendations, apart from financial capital, knowledge capital is also
an important factor in establishing, running and developing an own business, therefore the educational
role played by the programme is as crucial.
For the second target group a measure consisting of two components was prepared. It includes a
competition for local authorities - mayors who together with the residents will compete for the title of the
“Town of enterprising people,” and a competition for people aged 30-49, which will consist in proposing
ideas for business by the participants, developing the ideas with the help of experts, and choosing the
best one which will be awarded the amount of PLN 60,000 for its implementation.
Furthermore, placing emphasis on the dissemination of the idea of taking up business activity among
women, the fifth edition of the “Success Written in Lipstick” - Businesswoman of the Year
competition took place in 2014. This initiative is addressed to enterprising and creative women pursuing
interesting projects, running their own businesses and introducing innovative ideas. The competition is
open to female managers working in corporations and large companies, as well as owners of microenterprises and companies from the SME sector, founders of start-ups, and women engaged in social
and charitable activities.
The aim of the competition is to reward and publicise achievements of women in the world of business.
The competition assesses entrepreneurship, creativity, innovativeness, ability to raise funds for
development, investment efficiency, the level of social engagement of entities managed, as well as the
passion and perseverance of the participants in pursuing established objectives.
In 2014, apart from the Businesswoman of the Year “Corporation,” “My Company” and “Activities for
Women” category, the organisers introduced a category dedicated to start-ups - “Debut of the Year.”
SBA Priority Area II – Second Chance
Considering the economic downturn and the resulting problems affecting many Polish enterprises, the
Ministry of Economy developed the New Chance Policy (NCP), which is a development programme.
This document is the first one that comprehensively addresses the question of managing an enterprise
in crisis and issues related to the liquidation of companies. Furthermore, it defines the so-called new
chance policy as a necessary element of the economic policy, and the entrepreneurship policy in
particular. So far, the state policy in the area of entrepreneurship has not sufficiently taken into account
the need to support valuable enterprises in an unstable financial and economic situation, while a large
part of state intervention focused on creating conditions conducive to the formation of new businesses
and supporting existing enterprises in conditions of stable economic situation. The need to change the
viewpoint in this regard has, however, become justified in the context of the international financial crisis
which has also resulted in the deterioration of economic situation in the Polish economy, and thus in the
destabilisation of many Polish enterprises.
The New Chance Policy was adopted on 22 July 2014 by the resolution of the Council of
Ministers on the “New Chance Policy” programme submitted by the Minister of Economy.
The main purpose of the New Chance Policy is to prevent bankruptcies and facilitate relaunching of
business activity. The said objective will be achieved though the following measures:
1. Prevention of company crises (early warning systems),
2. Reduction of business liquidation risk (out-of-court and in-court forms of repair and
restructuring),
3. Efficient liquidation of enterprises (in-court forms of restructuring and liquidation),
4. Support in relaunching business activity – the so-called new start.
156
NCP presents programme, institutional, organisational and legislative measures, sets out a time-frame
for their implementation and identifies the institutions responsible for the implementation of individual
measures relevant to each of the strategic actions.
In terms of the prevention of crisis situation in companies, the programme recommends the widespread
use of systems of early warning about emergency situation by which a given enterprise is affected. The
use of such instruments is aimed at detecting the susceptibility of entities to crisis situations and
financial difficulties before a company becomes insolvent and the entrepreneur goes bankrupt. Timely
information is a prerequisite for making right business decisions.
In terms of reducing the risk of bankruptcy of enterprises, measures will be primarily related to the
improvement of access to financing for SMEs using the possibility of repairing or restructuring their
operation. To this end, it is planned to implement a state aid instrument for rescuing and restructuring
enterprises in difficult economic situation on the condition of undertaking measures leading to their
repair.
Public intervention within the new chance policy can achieve its objective only if actions are taken aimed
at overcoming the “bad fame” accompanying the phenomenon of bankruptcy and the stigmatisation of
entrepreneurs who have experienced business failure. This problem is very important, as it concerns a
sensitive matter, i.e. the awareness of not only entrepreneurs but also of the entire society.
The New Chance Policy can meet its objective only if the society builds a common belief that
bankruptcy of a company is one of the possible and natural stages of pursuing business activities, and
that appropriate management of an enterprise is an effective way to avoid failure.
A bill - Restructuring Law is also in the course of legislative works. The reform introduced through the
bill is based on the assumption of protection of the economic value of an enterprise and respect for the
rights of creditors, as well as the introduction of effective instruments for conducting the restructuring of
the debtor’s enterprise and preventing its liquidation.
Preserving the debtor’s enterprise is in many cases much more favourable to the creditors than its
liquidation. The preservation of the debtor’s enterprise also means keeping workplaces and, in principle,
the possibility of continued execution of contracts, therefore, it has a positive social and economic
importance. In order to ensure institutional autonomy of restructuring proceedings in isolation from the
stigmatising bankruptcy proceedings, it is proposed to adopt a completely new act - Restructuring Law.
Connotations of bankruptcy with the end of business activity, insolvency and inability to recover debts
are so strong that in many cases after the declaration of bankruptcy, the creditors do not want to
conduct any negotiations with the debtor.
In terms of changes to the model of liquidation bankruptcy, the following measures are proposed:
− new definition of insolvency, taking into account economic rationale and determination of
financial situation of an entrepreneur which would prove their actual insolvency;
− extension of the deadline for filing for bankruptcy to one month;
− introduction of new regulations and specification of existing ones concerning the ineffectiveness
of actions of a bankrupt taken before the declaration of bankruptcy;
− introduction of the possibility of declaring bankruptcy with taking into account the debtor’s
consent to a certain method of liquidation of assets;
− improvement of the procedure for determining the list of liabilities;
− introduction of the position of a deputy judge-commissioner to ensure the efficiency of operation
of the bankruptcy court;
− changes to the rules of granting salary to receivers/administrators towards close connection of
effort and work efficiency and the value of the bankrupt’s estate;
− partial abolishment of the privileged status of public liabilities.
157
Furthermore, the bill provides for the introduction of four following restructuring proceedings:
− procedure for the approval of composition;
− accelerated composition procedure;
− composition procedure;
− reformatory procedure.
A common feature of these procedures will be the restructuring of the debtor’s enterprise conducted as
part of the proceedings – first the restructuring of the debtor’s obligations and, additionally, to varying
degree, the restructuring of their assets, the manner of enterprise management and employment. The
proceedings are to ensure the ability to choose the form of restructuring tailored to the needs of a
particular enterprise, in a particular financial situation. The same regulations will apply to all restructuring
proceedings, relating to the scope of liabilities covered by the composition, composition proposals, the
conclusion and approval of the composition and its effects, as well as the rules of changing and
repealing the composition.
The implementation of measures developed under the New Chance Policy in conjunction with the new
provisions of the bill - Restructuring Law will make it possible to create a comprehensive system of
support both for enterprises in difficult situation as well as enterprises which experienced a business
failure.
SBA Priority Area III – Think Small First
One of the most burdensome restrictions mentioned by the entities from the SME sector are
administrative burdens, which in comparison with the situation of large enterprises are
disproportionately high for SMEs. Excessive bureaucracy and high costs of conducting business activity
are a common challenge for SMEs. One of the initiatives aimed at solving real social and economic
problems, including reduction of the costs of pursuing economic activity and enhancing the
competitiveness of the Polish economy, is the “Better Regulations 2015” programme117, adopted by
the Council of Ministers on 22 January 2013. The main objective of the programme is to provide
systemic and organisational solutions necessary for the creation and evaluation of the law based on
analytical evidence.
The programme sets out three following detailed objectives, all being complementary to each other:
− Transparent process of developing legal provisions which efficiently solve real problems;
− Continuous improvement of the existing legal environment;
− Improvement of communication with stakeholders.
The objectives of the Programme are consistent with the goals set out primarily in the “Efficient State
2020” Strategy and the “Dynamic Poland 2020” Strategy for Innovativeness and Efficiency of the
Economy. Solutions presented in the Programme have been developed, among others, based on the
OECD recommendations in the scope of regulatory quality.
Implementation of the tasks provided for in the Programme should result in:
a better quality of the law and of the Regulatory Impact Assessments which take into account
feedback of the addressees of regulations;
restriction of the so-called “inflation of the law”;
increase in legal stability and predictability;
117
More information: http://www.mg.gov.pl/Prawo+dla+przedsiebiorcy/Program+Lepsze+regulacje+2015
158
reduction of regulatory costs incurred by the addresses of regulations, especially in the SME
sector, and thus improvement of the conditions for taking up and conducting business activity.
The Programme is the Polish equivalent of the Better/Smart Regulation initiative implemented in the
field of EU law by the European Commission and continued at the national level by all Member States of
the European Union.
At the moment, the first effects of the implementation of the "Better Regulations 2015" programme are
already visible and include, among others: restriction of the inflation of the law, increase in the use of
public consultation, more in-depth analyses of legislative initiatives undertaken by the Government, as
well as initiatives aimed at eliminating regulatory barriers for entrepreneurs.
Implementation of the "Think Small First” principle, and thus the development of legal regulations with a
special regard to their impact on SMEs, will help to reduce the operating costs of this sector which are
disproportionately higher than the costs borne by large enterprises.
According to the current “Guidelines to the Regulatory Impact Assessment” of 2006, the SME Test, i.e.
the assessment of impact of regulations on the SME sector, in Poland is an obligatory element of the
assessment of the impact of proposed regulations on enterprises. The Guidelines indicate that “a
special attention should be paid to the analysis of costs and benefits for enterprises, especially small
and medium-sized ones.” If the analysis shows that a legal regulation will have a significant impact on
the SME sector, in accordance with the Guidelines, the authorities shall consult the Polish Agency for
Enterprise Development.
Furthermore, new “Guidelines for carrying out the Impact Assessment in the governmental legislative
process” are being prepared in compliance with the “Better Regulations 2015” Programme. This
document will integrate the currently binding guidelines in the scope of RIA and public consultation. The
new guidelines will take into account the need for in-depth analysis of the impact of regulations on the
SME sector and describe in detail how it should be performed.
Furthermore, new templates of forms for the Regulatory Impact Assessment are applicable from
January 2014:
− form of the Regulatory Test - taken at the stage of draft assumptions of a bill,
− form of the Regulatory Impact Assessment - made at the stage of draft normative act,
− form of the Post-implementation Assessment of the Act (the so-called RIA ex post) - carried out
when a legal act is in force.
The above-mentioned forms include an important field in which groups of entities should be specified
which are affected by a given regulation. One should also estimate their number as well as describe the
manner in which the regulation impacts these business entities. One of the groups indicated in this field,
according to the guidelines on filling out the forms, are micro-enterprises, small and medium-sized
enterprises.
Additionally, the form of the Regulatory Test and the Regulatory Impact Assessment includes a field
concerning the assessment of impact of the proposed solution on micro-enterprises, small and mediumsized enterprises, which is crucial from the perspective of the test of impact on the SME sector. This
impact should be demonstrated and estimated (where possible) in terms of financial, non-financial and
non-measurable consequences in the period of 10 years, and it should be specifically indicated, what
this impact will involve. Estimated impact of a proposed solution on the SME sector will then be verified
under the RIA made ex post, according to the “Better Regulations 2015” Programme and the new
Regulations of the Council of Ministers. The RIA ex post will take into account actual costs incurred and
benefits obtained by small and medium-sized enterprises as a result of the application of a given legal
regulation.
159
Detailed and full completion of the above-mentioned fields, related to the performance of the analysis of
regulatory impact on the SME sector, will be ensured by teams responsible for RIA which have been
established in each ministry in order to guarantee high quality of Impact Assessments.
Furthermore, given the crucial importance of the SME sector to the economy, pilot implementation of an
in-depth analysis of impact on the sector by the Ministry of Economy in cooperation with the Polish
Agency for Enterprise Development was initiated, as provided for by the “Better Regulations 2015”
Programme. By the end of 2015, the pilot will have covered 10 projects. Based on the results of the
pilot, further actions will be specified regarding effective implementation of this instrument in the lawmaking process.
At the same time, due to the lack of a formal obligation to create RIA for proposed parliamentary
initiatives and substantial amendments submitted during the proceeding of draft legislation in the
Parliament, the "Better Regulations 2015” Programme provides for a measure aimed at developing
recommendations in the scope of cooperation between the Government and the Parliament in order to
create law based on evidence. The above-mentioned measures are to result in further unification of the
governmental and parliamentary legislative process, extension of the rule of introducing law supported
by analytical premises, also in relation to the legislative work taking place in the Parliament, as well as
simplification of legal provisions and administrative barriers.
Another important element of the implementation of activities in the field of the third priority area is the
Team for Improvement of Economic Regulations.118. The tasks of the Team include, among other
things, identifying legal barriers to the development of entrepreneurship and proposing measures for
their liquidation or restriction, as well as proposing solutions to improve the conditions of taking up and
pursuing business activities and to improve the quality of legal provisions. It is worth mentioning that the
Team consists of members designated by representative employers’ organisations and organisations
representing legal community. Representative of the Polish Craft Association, which is an organisation
of employers representing the sector of small and medium-sized enterprises, is one of the Team
Members. The participation of such an organisation in the Team guarantees that solutions will be
developed with regard to the specific nature of the SME sector and its key role in the economy.
Frequent changes in legislation have an impact on the situation of all business entities, but microenterprises, small and medium-sized companies are most severely affected. It is, therefore, crucial in
the administrative procedures and instruments to pursue the “Think Small First” policy. Following the
example of the European Commission’s “Think Small First” initiative, the principle of “two dates” for
entry into force of economic regulations has been introduced in Poland119 (see chapter 3), which directly
implements the EC recommendation “to consider the usefulness of introduction of common dates of
entry into force of legal provisions.”
SBA Priority Area IV – Flexible Administration
Modern and flexible public administration authorities can make an important contribution to the
development of business entities belonging to the SME sector. Considerable potential in this respect
lies, in particular, in the e-administration solutions. Poland has launched a pilot of the Online
Consultation platform, referred to in chapter 3 of the Report.
Moreover, since 2011, every citizen, including entrepreneurs, has the opportunity to submit proposals
for changes in the law through the website of the Ministry of Economy (the Change Law with Us
118
119
More information in sub-chapter 3.1.
as above
160
module). The proposals and opinions submitted may relate to the existing provisions of law. They are
analysed on an ongoing basis for the justification for legislative changes.
At the same time, with a view to greater transparency of the law-making process, all draft normative acts
and draft assumptions of bills in progress are available in the Governmental Legislation Process
information system operated by the Government Legislation Centre.
Another shortcoming of administrative procedures for business entities, in particular for SMEs, is the
excessive bureaucracy and excessive formalisation of procedures. In order to standardise and
digitalise administrative procedures in Poland, a new act came into force in 2014 on the amendment
of some acts in connection with the standardisation of certain templates of documents in administrative
procedures, referred to in chapter 3 of this Report.
Pursuant to the current regulations, uniform templates of documents used in administrative procedures
will be introduced, including the following templates of applications:
• for the issuance of a permit,
• for entry in a register,
• for the change of data on a permit or in a register,
• for the issuance of a license,
• for the notification of activity to a competent authority.
The digitisation of administrative procedures will help to increase the standard of services provided by
public administration, contribute to the improvement of e-administration, have a positive impact on the
speed and efficiency of administrative procedures, as well as reduce the administrative burdens of
citizens and entrepreneurs and help to improve the quality of contact between the administration and a
citizen.
It should be emphasised that the submission of standardised documents will be possible both in the
paper and electronic form, depending on the choice of the applicant. However, the acts amended by this
regulation will not provide for an exclusive requirement to conduct the proceedings in writing − on the
contrary, it will only be an alternative to the electronic proceedings.
Another important issue is the initiation of measures aimed at removing barriers and dysfunctional
phenomena in the area of trade and services. In May 2013, the Minister of Economy officially appointed
the Advisory Council for Trade and Services. It is composed of representatives of many NGOs
associating entrepreneurs from the trade sector and representatives of the scientific community. The
main tasks of the Council include the identification of problems and obstacles to free development of the
internal trade sector, reviewing the provisions of law affecting the operation of businesses in these
sectors, as well as conducting market analyses and developing solutions resulting in a steady growth of
the industry observing the competitiveness principle. The role of the Council is also to promote
entrepreneurship and innovativeness, and to take actions aimed at preserving the diversity of the trade
and services area, among others by creating conditions conducive to the sustainable development of
micro-enterprises, small, medium and large companies operating independently and in a network,
according to various forms of trade.
Another initiative taken in Poland in relation to the implementation of measures in the area of flexible
administration is the bill concerning the amendment of the National Court Register Act and the
amendment of some other acts, developed in the Ministry of Justice. The amendments are aimed at
accelerating the procedures which are to be completed before the commencement of business activity
by the entrepreneurs who are subject to registration in the National Court Register (KRS), such as
limited liability companies or general partnerships. Owing to the integration of information systems in
different registers, an entrepreneur once entered into the National Court Register will be automatically
161
entered into other registers and obtain all identification numbers required to start business activity (NIP Tax Identification Number or REGON - identification number in the National Register of Business
Entities).
The above-mentioned changes will help to introduce a solution consisting in providing the entities
entered into the National Court Register with NIP tax identification number and REGON identification
number (based on the data transferred from KRS to the Central Register of Entities of the National
Register of Taxpayers and the Central Statistical Office (GUS) registry), automatically after the entry of
the entity into the National Court Register, with the use of the electronic information and communication
system. The assigned identification numbers will also be automatically published in the National Court
Register, immediately after the assignment, without the need of issuing a decision in this regard by the
registration court. In practice, the moment of entry of an entity into the National Court Register will be
the date from which it will be possible to start operation, including business activity.
The tasks of a new entity will be limited only to the obligation to submit an application for entry of the
entity into the National Court Register. Information about the entity contained in the National Court
Register will constitute a basic package of data to be used by other institutions – the Tax Office, the
Central Statistical Office (GUS) and the Social Security Institution (ZUS). This means that the offices will
be able to exchange data concerning a given entrepreneur among themselves.
The registration obligation of the entrepreneur will be limited to the so-called supplementary data. This is
the data which is not subject to registration in the National Court Register, but which is necessary for the
Tax Office, the Central Statistical Office and the Social Security Institution, and will be supplemented by
a business entity after the commencement of operation. The data includes, among others, such
information as the bank account number, contact details and the estimated number of employees, which
either constitutes “sensitive” data or is not yet known to the entity at the time of registration in the
National Court Register. Entrepreneurs will include the data on one form and submit it within 21 days
from entry into the National Court Register to the tax office, which shall transfer it to GUS and ZUS. The
submission of supplementary data in the paper or electronic form will not withhold the commencement
of operation by an entity, including business activity.
As a result of the introduction of the proposed solutions, business entities would receive NIP tax
identification number and REGON identification number already on the day of entry into the National
Court Register, and would actually be able to start conducting business activity.
SBA Priority Area V – State Assistance and Public Procurements
SMEs often face barriers related to the access to public procurements. With a view to broadening
access to information on opportunities connected with public procurements, in 2013, the Public
Procurement Office began working on the creation of the Electronic Platform of Product Directories
– e-Catalogues, which will enable the ordering parties to purchase products below the thresholds for
the application of the Public Procurement Law via the Internet. The platform will enable contractors to
offer specified products by posting the so-called product cards in a common form for a given product
group. This, in turn, will allow the ordering parties to easily search and purchase products by choosing
products from electronic catalogues or submitting inquiries to the contractors in relation to elements
unspecified in the product card.
Initiation of the project is aimed, among others, at attracting micro-enterprises, small and medium-sized
companies as suppliers in tenders of lower value. The objective of the project is to improve the
conditions of conducting business activity by SMEs by reducing business costs associated with the
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process of applying for public procurements, facilitating communication between contractors and
customers, and by facilitating access to the public procurement market.
As part of the measures related to the development of the Platform, the Public Procurement Office
invited the representatives of central and regional governmental administration for cooperation. The
cooperation aims at the exchange of opinions and experience of future users of the Platform. Positive
reaction of the vast majority of all invited institutions allowed for the establishment of a representative
Pilot Group, whose first meeting was held on 17 July 2014.
Entities from the SME sector are often discouraged by complicated public procurement procedures. The
initiative aimed at eliminating restrictions in this regard is the act amending the Public Procurement
Law (PPL) adopted on 8 November 2013. Changes introduced by the act relate to subcontracting in the
execution of public procurements, in particular, tenders for construction works, and they entered into
force on 24 December 2013. The primary objective of the amendment was to comprehensively regulate
the issue of subcontracting in public procurements in the scope of ensuring full and timely payment of
due remuneration for subcontractors and further subcontractors. As subcontracting is an attractive form
of participation in public procurements for SMEs, the amendment strengthened the protection of the
rights of subcontractors and further subcontractors involved in the process of execution of public
procurements.
The PPL provisions applicable before the amendment regulated the issues related to the execution of
contracts under public procurement in a limited manner, which was particularly important in the case of
unpaid or overdue charges for the services performed by the entities acting as subcontractors or further
subcontractors, often SMEs. The amendment has defined the concept of subcontract, as well as
regulated issues concerning the contents of subcontract which in certain situations conditioned the
payment of remuneration by the ordering party to the contractor on the payment of remuneration by the
contractor to subcontractors as well as the payment of advances on making payments to
subcontractors. It has also specified the conditions of making direct payment by the ordering party to
subcontractors, passing over the contractor. The changes introduced by the amendment clarify and
improve the relations between the ordering parties, contractors and subcontractors, especially
strengthening the position of SMEs acting as subcontractors.
SBA Priority Area VI – Access to Funding
A particularly important area in terms of the implementation of the SBA Programme is the facilitation of
access to funding for SMEs. Limited possibilities of funding of projects carried out by SMEs is often
indicated as one of the main barriers for business entities of this sector. One of the initiatives aimed at
protecting entrepreneurs from the adverse effects of the economic slowdown are loan guarantees for
small and medium-sized enterprises120. The programme was launched in March 2013. It enables
micro-enterprises, small and medium companies to obtain guarantees for securing the repayment of
loan intended for the financing of current operations. Risk associated with the guarantees granted is
incurred by the State Treasury. De minimis guarantees are offered by Bank Gospodarstwa Krajowego
through the agency of lending banks.
Furthermore, the Act of 8 March 2013 on the payment periods in commercial transactions entered
into force on 28 April 2013. The adoption of the act is one of the means for reducing payment backlogs.
The purpose of the act is to reduce delays in the payment of amounts due by the debtors and to
encourage contracting parties to establish shorter settlement periods. As provided for in the new
regulations, the payment deadline in transactions between entrepreneurs shall not exceed 60 days. It
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may be extended only under certain conditions. Otherwise, the creditor will be entitled to charge default
interest in the amount of the so-called tax interest which currently amounts to 11.5 percent.
In the case of transactions between entrepreneurs and public entities in which public entity is the debtor,
the deadline for payment for goods delivered or services rendered shall not exceed 30 days. However, it
can be extended to 60 days, provided that it is objectively justified by the clauses of the contract. The
60-day deadline as a rule has been stipulated for medical entities - mainly for hospitals. According to the
act, indication of a longer payment period in the contract will be treated as delay in the payment of
amounts due, and the creditor will be entitled to default interest in the amount of the so-called tax
interest.
Furthermore, the act introduces a maximum 30-day period for the so-called procedure of examination of
goods or services, under which their compliance with agreement is to be confirmed.
The new regulation also provides for the so-called fixed compensation equivalent to 40 euros, which is
intended to cover the expenses incurred by the creditor when attempting to recover the amounts due.
The right to charge this amount will apply from the time when the default interest will be payable, without
a separate request for its payment. When the costs of recovering the amounts due exceed the amount
of fixed compensation, the creditor will be entitled, by means of in-court proceedings, to the
reimbursement of all expenses incurred in relation to the attempts to recover the debt.
The act also maintains some solutions already provided for in the currently binding regulations,
including the possibility of charging interest for delayed payment in the amount of the so-called tax
interest for failure to pay on time, and in the amount of statutory interest after 30 days from the date of
the fulfilment of the service by the creditor and submission of invoice to the debtor, if the parties agreed
in the contract a payment period longer than 30 days.
The act discussed constitutes the implementation of directive of the European Parliament and of the
Council no. 2011/7/EU on combating late payment in commercial transactions to the national legal
system.
SBA Priority Area VII – Single Market
In Poland, the role of the national standardisation unit is performed by the Polish Committee for
Standardisation (PKN). As part of the initiatives supporting SMEs in gaining access to standardisation
information and procedures of development of PKN standards, it allows the entities from the SME sector
to participate in the standardisation process free of charge, through participation in the activities of
technical committees. Furthermore, there is the “SME Zone” subpage available on the main website of
PKN, which contains basic information concerning, among others, the use of standards, participation in
the standardisation process as well as benefits resulting therefrom. The Polish Committee for
Standardisation also provides free information on standards and provides access to the standards in
which SMEs may be interested. It is also planned to introduce a paid electronic reading room with
standards in order to encourage business entities to make a more effective use of standards and
disseminate them.
Furthermore, taking into account the need to improve the competitiveness of Polish enterprises, the
Patent Office of the Republic of Poland offers a variety of public on-line services through the Internet
Services Portal (IPU) which are aimed at shortening the processing time, facilitating access to
documents and information resources, as well as reducing the costs of proceedings. One of the main
services available to users through this platform is the possibility of submitting inventions, utility models,
industrial designs and trademarks on-line. In 2013, functions of the platform were extended to include
new forms and possibilities of delivering electronic correspondence to the users concerning obtaining
and maintaining protection of industrial property. Advanced portal services are available to registered
164
users who have a safe profile on the Electronic Platform of Public Administration Services (ePUAP) or
have a digital signature verified by a qualified certificate issued by a domestic supplier. Moreover,
access to the online shop (eShop) requires only username and password, whereas some of the
services are even available without registration, e.g. with the use of the Official Publications of the
Patent Office or the sources of Polish patent-related information in the electronic form, through viewing
electronic lists of patent agents, access to the databases of the Patent Office, electronic versions of
classifications or the publication server, etc.
SBA Priority Area VIII – Abilities and Innovations
The competitiveness of companies in the SME sector largely depends on their adaptability to the
changing conditions in the era of globalisation. In turn, the ability to rapidly respond and adapt to the
situation on the market is related to the continuous improvement of skills of entrepreneurs, as well as
strengthening the capacity of innovation and introduction of innovations to the market. Innovative
projects require substantial human and financial expenditures whose supply for SMEs is very limited.
One of the strategic measures taken and implemented in Poland is the entrepreneurial process of
discovery, which forms the basis for the creation of smart specialisations. This process is understood
as integrating various stakeholders in order to identify priorities for research, development and
innovation, around which private and public investments are focused. Entrepreneurs and
representatives of business environment institutions, industry chambers and scientific institutes are all of
key importance for setting the priorities. In its activities, the Ministry of Economy followed the rule that
the objective of the entrepreneurial process of discovery is to support bottom-up actions and initiatives
which will foster smart growth and optimal use of resources, in particular those which would effectively
involve the private sector in carrying out and financing research and innovation, as well as public
consultations and active dialogue.
It should be emphasized that the entrepreneurial process of discovery was initiated in Poland already in
2011, at the time of launching the Technology Foresight for Polish industry - InSight2030 project,
indicating scientific and economic priorities, and updating the National Research Programme identifying
research priorities. The methodology of the InSight2030 project throughout the entire process of
identifying key technologies for the Polish industry took into account the participation of social and
economic partners, including entrepreneurs, among others in brainstorming, the STEEP analysis, the
SWOT analysis, the cross impact analysis, expert panels, expert research according to the Delphi
method, as well as in the creation of scenarios.
Furthermore, in order to ensure full representativeness of entrepreneurs in the creation of the
InSight2030 project results, the Ministry of Economy decided to hold two-stage consultations among the
representatives of business, mainly in the context of the final shape of the list of technologies which will
provide for the development of the Polish industry until 2030.
In order to maintain close contact and dialogue with the social and economic partners, the Ministry of
Economy organises various forms of meetings (workshops, bilateral and industry meetings, seminars
and conferences), in order to promote innovativeness and develop a common approach to the industrial
and innovation policy (e.g. the Innovation Procurement for the Benefit of Industries, SMEs & Stronger
Public Services conference held on 14-15 November 2013 to promote innovative and pre-commercial
orders). The Ministry of Economy is actively involved in public dialogue institutions, among others in the
meetings of industry tripartite teams, the Working Group for SMEs within the Coordinating Committee of
the National Strategic Reference Framework (KK NSRF) and the Joint Commission of the Government
and Local Government.
165
Involvement of entrepreneurs in the entrepreneurial process of discovery takes place also through
sectoral programmes implemented by the NCRD which include a sequence of measures enabling the
enterprises to specify research topics (e.g. within clusters or technological platforms) for the
implementation of the research projects indicated by them.
In 2013, NCRD launched a programme to support pre-commercial procurement. Its purpose is to
identify solutions which can contribute to addressing an important social problem, according to changing
needs. In the first stage of the programme, NRDC invited all interested entities to submit proposals for
potential social needs which can be addressed by carrying out the process of pre-commercial
procurement. Entities submitting a proposal are to identify a need which can become a solution to a
specific problem of public interest, for which there is currently no “ready or almost ready” solution on the
market, and which requires a considerable amount of investments in research and development.
In May 2014, as part of the streamlining of the entrepreneurial process of discovery, the Ministry of
Economy started cooperation with the World Bank through the agency of the Ministry of Infrastructure
and Development. This cooperation covers the implementation of a pilot project under which a study will
be conducted among more than a thousand companies in selected areas of smart specialisations,
indicating their endogenous potential and demand of businesses for public intervention. The project will
make use of best practices presented by international experts who will prepare Polish experts to apply
them in the entrepreneurial process of discovery in Poland. The pilot project will be implemented in the
area of Lower Silesia, Silesia, West Pomerania and the Świętokrzyskie Province.
In July 2014, the Ministry of Economy undertook measures aimed at involving the representatives of
business and science in the activities of the Working Groups for national smart specialisations. The
WGs will be responsible, among other things, for reporting to the Steering Committee consisting of
representatives of the Ministry of Economy, the Ministry of Science and Higher Education and the
Ministry of Infrastructure and Development on the state of development of specialisations based on
changing social and economic factors, development trends, as well as recommending changes to the
implementation system or for the shape of specialisations alone. Meetings regarding the field of the
Healthy Society were held on 23, 25 and 28 July 2014.
A special form of involvement of companies in the entrepreneurial process of discovery is the activity of
clusters bringing together entrepreneurs and representatives of the business environment. The Ministry
of Economy is actively engaged in initiatives related to stimulating development of clusters in Poland,
including through the establishment of the Working Group for Cluster Policy and involvement in the
Hungarian CENTRAMO project implemented as part of the second round of the Framework Programme
for the Competitiveness and Innovation (CIP).
Furthermore, by implementing one of the measures provided for in the 2020 Enterprise Development
Programme, the Ministry has started work on the appointment of Key National Clusters (KNC). Basic
ideas for selecting KNC are included in the Report of the Group for Cluster Policy, which defines KNC
as a category of clusters of significant importance to the national economy and high international
competitiveness. These clusters should be selected at the national level, based on such criteria as:
critical mass, development and innovation potential, current and planned cooperation, as well as
experience and potential of the coordinator. It is assumed that the projects agreed upon by consortia of
actors of key national clusters will benefit from additional points in the evaluation system when applying
for various programmes and support measures at the national and regional level.
In Poland, Key National Clusters will be appointed by means of a competition organised by the Ministry
of Economy in cooperation with the Polish Agency for Enterprise Development (PARP). The competition
166
will be cyclical. Clusters which will meet the criteria specified in the Competition Regulations and
positively pass further stages (formal and substantive assessment) will receive the status of Key
National Clusters.
Currently, work on the preparation of the Competition Regulations, the selection criteria and the
Regulations of the Assessment Committee is in progress. The commencement date of the first
competition for the selection of Key National Clusters is expected to be the first quarter of 2015.
Activities for the development of clusters are horizontal in nature and constitute a component of several
areas of economic policy, including the innovative, science and technology, regional or industrial
policies. The activity of cluster concentrations was the subject of analyses in the process of
development of R&D&I priorities, while the process of monitoring and updating national smart
specialisations will make use of the results of the recommended competitions for key clusters (ID OP).
The Tech-Match Poland project is another initiative aimed at increasing the innovativeness of Polish
enterprises by gaining global business partners, obtaining investment capital or sales market, in
particular for companies offering technological solutions121.
SBA Priority Area IX – Environment
Climate change, scarce energy resources and sustainable development are the key challenges for
SMEs, and therefore the entities operating in this sector receive support in the scope of efficient use of
opportunities related to environmental protection. In this regard, it is necessary to intensify measures
aimed to change the perception of SMEs of their impact on the environment. The most important
activities included the dissemination of knowledge of current legal requirements in the field of
environmental protection and providing SMEs with access to specialist expert knowledge in the abovementioned area.
One of the new initiatives implemented in this field is a pilot service related to environmental protection
offered by the Polish Agency for Enterprise Development under the National System of Services. The
pilot consists of two components. The first component consists in the identification of the degree of
compliance with legal requirements (environmental audit) and advisory support in the implementation of
actions recommended after the audit. In turn, the second component consists of trainings in the use of
tools for the calculation of the level of environmental use and the calculation of charges for the use of
the environment.
SBA Priority Area X – Internationalisation
Support and encouragement of benefiting from the growth of markets outside the EU, in particular
through market-specific measures in the scope of support and trainings for entrepreneurs, should be an
important aspect of the created and implemented support policy for SMEs.
As part of measures aimed at the internationalisation of Polish enterprises, the Polish Silicon Bridge
systemic project is implemented. It is co-financed by the European Union under the Innovative Economy
Operational Programme. The objective of the project is to support Polish companies from the sectors of
new technologies in the expansion into the market of the United States of America, and thus to
accelerate their development.
The project aims to increase the innovativeness of the Polish economy by accelerating the development
of enterprises, including newly-established enterprises, from high-tech industries (IT, ICT,
Biotechnology, Renewable Energy). This aim can be achieved by providing enterprises with information,
advisory and training support, and creating connections between Polish enterprises and entrepreneurs
121
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operating in the world’s leading centre of innovation, i.e. the Silicon Valley. Furthermore, owing to the
implementation of the project, it will be possible to transfer to Poland the best practices in the
management of technology companies, increase trade between Poland and the United States, in
particular in sectors of key importance for the development of innovation in the Polish economy, as well
as to promote Poland as a place of making investments among the leading American companies from
industries represented in the Silicon Valley and the San Francisco Bay Area.
In the second quarter of 2014, the second stage of the project was launched. Out of 46 companies
participating in stage I, 40 business entities entered stage II of the project. Following the assessment of
submitted applications, 37 participants were qualified to take part in the “boot camp.” The booth camp
took place at the beginning of July. The beneficiaries participated in workshops and individual
consultations with Polish and foreign experts. The goal was to enable participants to adjust their
business/product development objectives to the perspectives of the Silicon Valley business environment
and to prepare a marketing strategy for the US market which is the basis for applying for participation in
stage III of the project.
Moreover, measures have still been implemented under the Promotion of Polish Economy on
Foreign Markets systemic project. The aim of promotional programmes in promising countries is to
conduct comprehensive promotional activities, concentrated within one year, including the participation
in selected trade fairs, trade missions, organisation of a study-tour for journalists and producer
organisations, general promotional campaign in the media, and campaign in the industry-related media.
Promotional activities are carried out by the organiser of a given programme selected by the Ministry of
Economy.
In 2013, general programmes were implemented in five selected countries promising for Polish
economic interests, i.e. in Algeria, Brazil, Canada, Kazakhstan, Turkey, and as part of the promotion of
video games, in Germany and the United States (the programme covered, among others, the CeBIT
2013 fair).Taking into account the great interest of entrepreneurs in the development of export on new
markets, the Ministry of Economy has expanded the list of promising countries to be included in the
promotional programmes in 2014 by the United Arab Emirates and Mexico, whereas the programme of
promoting video games has been extended to include China and France.
In 2014, general promotional programmes will be implemented in the following countries: Algeria, Brazil,
Canada, Kazakhstan, Turkey, United Arab Emirates and Mexico.
Initiatives aimed at the internationalisation of enterprises are also led by the Polish Information and
Foreign Investment Agency (PAIiIZ) which implements the Programme of Economic Promotion of
Eastern Poland (PPGPW) within the framework of the Development of Eastern Poland Operational
Programme, Measure I.4 Promotion and Cooperation, the Promotion component. It is primarily
addressed to entrepreneurs from five provinces (Świętokrzyskie, Podkarpackie, Podlaskie, Lubelskie
and Warmińsko-Mazurskie), regardless of the size of the company, but the entities from the SME sector
are most interested in active participation in this programme. The majority of applications are submitted
by SMEs and constitute approx. 90% of all submissions.
The main objective of PPGPW is to promote and support the export activity of companies on foreign
markets through the organisation of trade missions and participation in international fairs and exhibitions
(in EU and non-European countries) enabling entrepreneurs to present their offer and establish
business contacts with partners from other countries. The Programme budget amounts to approx. PLN
88 million, disbursed in the years 2009-2015. SMEs expressed their interest in export expansion both
into the markets of EU countries, and of the so-called third countries. Since the beginning of the
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Programme, PAIiIZ organised 131 events (missions, participation in trade fairs and conferences), which
were attended by 1569 representatives of companies from the Eastern Poland, representing several
different industries.
In the questionnaires filled out by the participants of the Programme, entrepreneurs declared the signing
of 520 contracts of a total amount of approx. PLN 270 million as the effect of participation in the
PPGPW events (as of October 2013). The surveyed entrepreneurs also declared an increase in export
by an average of 51%.
Industry-related fairs serve as a platform for meetings with existing and new customers as well as
entrepreneurs of related industries, whereas the participation in such fairs is the element of creating and
maintaining relationships with contractors, enabling the entrepreneurs to reduce the costs associated
with it (opportunity to plan and hold a number of meetings in a short time and in one place). As results
from the practice of activities conducted by PAIiIZ under the Programme in question, optimal effects are
produced by the participation in international trade fairs in the role of the entrepreneur as a co-exhibitor
of the Polish regional stand, which is also confirmed by entrepreneurs in their reports.
The possibility of obtaining co-financing for the participation in a given event, amounting to almost 100%
of the costs, is an important issue. In the case of the most prestigious fairs and exhibitions, the costs
amount to about several thousand zlotys per one company, which is a large financial burden for SMEs.
Moreover, the possibility of exhibiting oneself at a large national/regional stand together with other
companies from the same area is crucial to the image of enterprises and builds credibility of a company
from the SME sector in the eyes of potential customers.
The Programme of Economic Promotion of Eastern Poland will be continued until mid-2015. It is also
planned to continue such activities within the New Programme Perspective for 2014-2020 which
provides, inter alia, for supporting enterprises in terms of their internationalisation, i.e. their exportoriented activities on foreign markets.
Summary of the implementation of Small Business Act in Poland in 2013
Summing up the implementation of measures in particular priority areas of the Small Business Act
Programme, it should be emphasized that the areas which attracted most attention of public
administration authorities include: flexible administration and state aid and public procurement. In this
context, significant changes have been introduced to the regulations concerning state aid for SMEs and
their participation in public tenders, among other things.
It should be noted that at the moment not all actions initiated can be considered fully implemented, often
due to their complexity and multi-stage nature.
In the context of further strengthening of the SBA assumptions implementation, it is crucial to continue
to consider issues related to SMEs in the planned and implemented measures. Special attention should
be paid to the problem of developing skills and implementing innovations in SMEs, as well as creating
incentives for SMEs to benefit more from the opportunities offered by the Single Market. It is also
advisable to further promote the application of the “Think Small First” principle and to intensify measures
in the area of chances and opportunities associated with environmental challenges.
169

ENTREPRENEURSHIP IN POLAND

Transcription

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