Polish Business Award - Netherlands

Transcription

No. 37 Winter 2011
The Netherlands-Polish
Chamber of Commerce
De Heus
Group
Wins Dutch - Polish Business Award
Bulletin Winter 2011
Netherlands-Polish
Chamber of Commerce
4
Word of the chairman
5
Chamber calendar
6
Report
De Heus wins Dutch - Polish
Business Award
10 Chamber activities
What has the Chamber recently
been up to?
12 Report
Rijsttafel 2011; Unique in every way
16 Report
Career tracker
19 Column
Paweł Mlicki
20 New members
21 Serial
History of Dutch Companies in Poland (Farm Frites 2)
24 Column
12
Rijsttafel 2011: Amazing performance of Dutch
X-factor finalist Adlicious
Remco van der Kroft
25 Columns
Remy Vermunt and Michał Szymański
27 News from our members
28 Interview
De Heus: Winning the Dutch - Polish Business
Award is an important milestone for us.
Polands key economic trends
18 6
Willem Klein Klouwenberg
21
McDonalds assigned Farm Frites Poland Dwa its flagship
farm for potato production in Europe.
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Bulletin
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Netherlands - Polish
Chamber
Chamber of Commerce
calendar
Dear members and friends of the Chamber,
Winter started in Poland at a soft patch, but that does not mean that the Chamber took it easy. We can look back
at many successful events over the past three months. The ‚Indonesische Rijsttafel’, traditionally the flagship
event of the Chamber, was a big success. With more than 300 people attending, a Dutch band, a Dutch host
(thank you Redbad!), a Dutch Cook (thank you Rob!) and a great atmosphere, we managed to create an
evening that we won’t easily forget. It was good to see that so many members joined and used the Rijsttafel
as an occasion to entertain their clients. We also managed to collect the all-time record of PLN 20.000 for our
charity: The Foundation for Corporate Social Responsibility, for providing support to children in the poorer
region of Poland. A warm word of thanks to the organising committee, the main sponsor ING Życie and all
the co-sponsors. You can read more about the Rijsttafel on page 12.
Apart from the rijsttafel, the Chamber organised two events together with the Embassy. First the euro 2012
conference which helped our members to prepare for the football event next year. We brought to you many
interesting speakers. Among them was CEO Marcin Herra of pl.2012, which holds overall responsibility for
organizing the football tournament in Poland. Herra’s presence alone made it worthwhile for many of our
members to attend the conference.
Another successful event was the Agri conference hosted by the Dutch Embassy. The conference informed
Dutch farmers about the changes that have taken place in the land act and which will significantly affect
many foreign farmers. The Chamber will see where it can play its pivotal role in defending the interests of
the Dutch entrepreneurs, either in the Agri sector or in any other sector. We are currently looking at how to
cooperate with other Chambers to defend these interests most effectively. You can read more about this in
the column of Remco van der Kroft. Apart from these events, we had a few well attended business mixers.
A word of thanks to Dini Bouwmeester, who will leave the Board of the Chamber, as she is relocating to
Vienna. Although Dini’s stint at the Chamber’s Board was short, we have always appreciated her enthusiasm
and support. Dini, bon voyage!
The Bulletin that you have in front of you offers a good mix of interesting articles and smaller news items
about activities of our members in Poland and about our own events. In this issue we have added a
member satisfaction survey. Please be so kind to take a few minutes to fill it in. This will help us gather more
information about the companies we are representing and will also help us offer you services that are better
suited to your company’s needs.
With the year-end approaching rapidly, it is good to reflect on 2011 and look forward to 2012. 2011
in Europe has been dominated by the Euro crisis. So far the impact on Poland has been relatively
mild and the Polish economy has remained a star in Europe. Although the impact next year will
no doubt be bigger, it is the entrepreneurial spirit of many of you that help the Polish economy grow.
Poland is well positioned to cope with the economic head wind coming from the West. With the
Euro 2012 coming, there will be many winners in Poland. For sure, 2012 will bring lots of opportunities.
This leaves me to wish all of you a Merry Christmas and successful 2012 in good health,
Wesołych Świąt i Szczęśliwego Nowego Roku!
Geert Embrechts,
Chairman of the Netherlands - Polish Chamber of Commerce
Bulletin is the quarterly magazine of the Netherlands - Polish
Chamber of Commerce. It aims to provide a selection of important
and relevant information about the chamber and on bilateral
business relations and activities between the Netherlands and
Poland. Go to our website www.nlchamber.com.pl to find previous
issues of our bulletin. Please email any of your comments to
[email protected].
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Bulletin
Publisher:
Managing Editor: Concept and production:
Columnists: Photos: Advertisement management:
The Netherlands - Polish Chamber of Commerce
Elro van den Burg
Oorsprong Media
Michał Szymański
Paweł Mlicki
Remy Vermunt
Remco van der Kroft
Elro van den Burg/Nadia Verwaal
February 7
First Dutch Business drink in 2012
April 10
Dutch Business drink
Location: Hotel Hilton, Grzybowska 63, Warsaw
18.30 – 21.00 Organised by: The Netherlands Polish Chamber of Commerce
_________________________________ _________________________________
March 6
Dutch Business drink
April
Job Market
The Chamber offers employers a chance to meet
Dutch speaking staff and vice versa. Location:
Bank BGŻ Warsaw. More information will be
provided on our website
_________________________________ _________________________________
March 6
Seminar: Simulation Games, the new challenge.
The company Match and More will perform and show
their professional business simulations and games
for incorporate coaching and training sessions. More
information will be announced on our website
April
Business Mixer: The NL Chamber meets the Scandinavian Chamber
A combined businessmixer for members of both
bilateral Chambers in Poland. Go to our
website for more information.
_________________________________ _________________________________
Advertisement
De Heus wins Dutch Polish Business Award 2011
Can you tell us more about the ‘Polish model’ that was used to
exchange knowledge?
in Poland. We never had any expat located for a longer period in Poland.
We only flew staff in, but gave full responsibility to the local staff.”
“We taught our Polish department to work on the same level and offer the same
quality output as our company in the Netherlands. Therefore, we developed
a programme that included all the departments where we had knowledge,
such as sales, research and development, administration, legal, and
production techniques. Several of our Dutch employees trained our staff in
Poland, and slowly but surely we saw our
Polish operation reaching the same high
level as we have in the Netherlands. Now
they are fully self-supporting. The staff
members from the Netherlands that were
involved have since been exporting the
same knowledge to our offices in other
countries. Looking back on the project,
I see the co-operation with Poland as a
real formula for success. But let’s be
honest, the success depended on a
few staff members who were working
extremely hard on this project. What also
helped is that we offered everybody in our
organisation the chance to see what we
were doing in Poland, from the director to the truck drivers, and to show the
staff in Poland who their Dutch colleagues are.”
What can you say about the feed market in Poland. Are most of
Polish farmers still home mixers?
“This used to be true, but over the years the situation has evolved into
a mature market where we mainly sell compound feed, which is a complete
type of feed. In the early years we
mostly sold concentrate, which the
Polish farmers mixed with their own
products from the farm. However,
over the last eight years we have
seen a focus on complete feed.”
“The biggest success of our Polish company was the
transfer of our knowledge to
our own staff in Poland,”
Max van der Kwaak, CFO
of the De Heus Group.
Was anybody from the Netherlands ever stationed in Poland for
a longer period?
“I think it has been an important element of our success that the Polish
management itself were made responsible for the expansion and development
Otto Workforce wins Economic
Value Contributor Award
Otto Workforce has won the Economic Value
Contributor Award 2011, which is part of the
Dutch - Polish Business Award 2011.
Max van der Kwaak, CFO of the De Heus Group says a word of thanks to the audience present at the award ceremony.
Feed provider De Heus has won the Dutch Polish Business Award 2011. A few moments
after the official award ceremony, Bulletin
spoke with Max van der Kwaak, CFO of the
De Heus Group.
Can you tell us something about De Heus in Poland?
Max van der Kwaak: “Our company became active on the Polish market twenty
years ago. We started with a local sales team to sell the products that were
produced in the Netherlands. In 1998 we changed our approach and decided
to produce high quality feed ourselves in Poland. In the years that followed, we
started to transfer to Poland the knowledge that we had gained over the years
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Bulletin
in the Netherlands. Our production plants in Poland became an overnight
success. We bought older feed production plants from an American company
and rebuilt them to suit own needs. Currently the most modern factories from
the De Heus group are located in Poland. We now have five plant locations
with a very large production capacity. But the biggest success of our Polish
company was the transfer of our knowledge to our own staff in this country.”
How did that transfer take place?
“For the transformation we needed co-operation from two sides. First we had
to find staff from the Netherlands that were willing to invest a lot of energy
in the project. After this succeeded, we established in the Netherlands
a centre of excellence from where we train and exchange knowledge to
De Heus factories in other countries. We have standardised the blueprint
of the co-operation that we had in Poland.”
Are you happy with the prize?
Frank van Gool, founder and CEO of Otto Workforce: “Yes, of course we
are happy with it. It is a compliment to the work that Otto workforce has
always been doing. In current times, there is a shortage on the labour
market. Of course we first have to get the unemployed to work, but this
amount of people is not nearly enough to solve the problem.
We all know that there is a
difference in culture between
Polish and Dutch companies.
How did that work out?
“There were actually only a few things
that didn’t go right. What we noticed
is that on the Polish side there was
a hunger for knowledge, both among staff and clients. We taught our sales
department not only to talk about our product, but to offer added value to
clients. And this added value is one of the best things that we can offer our
clients. The salesmen immediately saw the impact of it, and when they did,
they became very eager to learn more.
We want to offer our clients added value next to the products that we are
offering. With our knowledge we can support our clients further in developing
their farms. By doing so we really help our clients to perform better. Our clients
Netherlands that are highly motivated. We have many women on our staff
and it is really amazing to see how ambitious they are. Today we spoke
about the quality of education. Many of us think that Poland is some
underdeveloped country. But it is the other way around. They are much
more advanced than we are. We are a little underdeveloped in that we
have such a negative attitude towards the Polish workforce.”
Back to the Economic Value Contributor Award 2011. Where are
you going to put it?
“It will get a nice place in our office, but first we are going to share this
with the rest of our staff. That has already been started and I think that in
Poland our offices have already been informed about the prize.”
On the other hand I am very satisfied that we won the prize as recognition.
Recognition that migrant workers are important, and that our prosperity
will decrease if we keep migrants out of the Netherlands, which is not
widely understood in the Netherlands.”
During the DPBA ceremony, many policymakers were present. Do
you think that this day will help bring about a better understanding
of the labour force?
“I certainly think that this day will add some positive parts to the discussion.
However, the public discussion is negative. Migrant workers feel that
when they come to the Netherlands. And that is such a pity for now and
the future. But on the other hand, there are a lot of Poles working in the
Frank van Gool, CEO of Otto Workforce (middle) receives the
Economic Value Contributor Award out of the hands of Cees Werff,
chairman of the NPCH.
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Bulletin
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Advertisement
improved their profitability figures and developed their farms. As a result, they
can go to the bank and show that they perform better than their competitors,
and they know that this is due to the co-operation with De Heus. We can prove
that we offer better results, much better than our Polish competitors, and that
is why we are so successful on the Polish market.” Poles working in the Netherlands are
good for the Dutch economy
Are you proud to have won the Dutch - Polish Business Award 2011?
Poles that are working are good for the Dutch economy. They add 0.3 percent
to the GDP, which represents 1.8 bilion Euro. That is the conclusion of
a report published by the Netherlands – Polish Council for Trade
Promotion (NPCH). This report was presented during the DPBA ceremony.
“We are very proud about that. We had hoped for a prize, but now I am finally
holding it in my hands it gives me some sort of euphoric feeling. However,
I want to underline that I am picking up the price, but I confirm this as a
complement to our operation in Poland, where our general director has
created conditions in which it was easy for the staff to gather knowledge. And
for that he deserves all of the credit.”
Cees Werff, chairman of the NPCH: “In recent years, the Poles have received
a negative image in the Netherlands. We have brought together all the recent
reports about Poles in the Netherlands and published them in one report with
the title ‘The value of Polish labour migrants for the Dutch economy.Within
two hours after publication, an ANP article about the report was published on
the website nu.nl, which is one of the largest news sites in the Netherlands.”
2011 is a year of many festivities for De Heus isn’t it?
“In May we celebrated our 100th anniversary, and we received the predicate
‘Royal’. We celebrated this with all our staff in Amsterdam. It is true that we
had several highlights this year. I must also mention the visit of Princess
Maxima of the Netherlands at the opening of our new warehouse in the Binh
Duong province in Vietnam. But also the Dutch - Polish Business Award is an
important milestone for us. From that perspective I think that we can speak of
a memorable and a very successful year for De Heus.”
If we focus on the award, what can you tell us about the winner?
“Royal De Heus is a pure Dutch company, but already active in many
countries. First it established itself as a trading company in Poland, but
is now also producing and currently has 500 staff. They have their offices
all over the world, including in Vietnam, and we see now that Polish staff
have been flown to Vietnam to educate the local workers. This is a good
example that shows how Poland is used as a central hub. So in all ways
they are a much deserved winner.”
Next year the event will be held in Poland. What can you say about
that?
“We want to organise a larger and better event, which is also closer to Poland.
We often see that the Dutch head office comes to the event to pick up the
award, but it would be nicer when the Polish general manager is present to
receive the prize.”
Dimar Polska wins incentive award
Dimar Polska has won the incentive award 2011,
which is part of the Dutch - Polish Business Award
2011.
What is your initial comment?
Jasja van der Veen, founder and owner of Dimar Polska: “I am happily
surprised. As a relatively small company, I didn’t think I had a big chance.
Therefore I am very happy that the jury considered giving me this prize. This is
very nice day for me. After a while you forget all the day to day problems that
you had. However, concerning this incentive award, I can assure you that I will
remember 30 November and winning this award.
You make a habit of winning prizes, last year you won the Business Wings
Award, a prestigious Polish prize.
The Business Wings award was a great surprise to me, but I applied myself for
this prize. The Dutch business community is a small community, and therefore
this prize means more to me. During the ceremony you mentioned your mother, who was quite sceptical
when you went to Poland to establish your business
When starting my own company in Poland, I often heard from my family, ‘Why
don’t you come back to the Netherlands and start working for a big company.’
It is now 20 years later and now I say to them, ‘Look mamma, winning this
prize wouldn’t have been possible if I had gone back to the Netherlands.”
Did you feel pressure from the comments from the Netherlands in
those days?
“I have been living in Poland for a long time, stretching back to when I was
studying. Sometimes it was hard to do business in Poland, but I always knew
that in Poland there were a lot of possibilities. It is also easier to develop a small
business in Poland than in the Netherlands, where the market is quite saturated.”
But the negative comments reveal something about the perception of
Poland in the Netherlands.
Jasja van Veen (right) receives the incentive award out of the
hands of H.E. Janusz Stańczyk the Ambassador of Poland to
the Kingdom of the Netherlands.
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issue 35
Bulletin
“It usually works like this, that before they come to Poland, people are very
negative about this country. But after they have been here, they don’t want
to go back.”
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Bulletin
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Advertisement
Chamber
news and events
Business drink on its way to
100 visitors!
More and more members of our Chamber are finding their way to the monthly
business drink on the first Tuesday of every month. Our business drink is held
in the Axis bar of the Hilton Hotel. Our record number of visitors so far was
during our December business drink, where we counted more than 80 guests.
Not bad for an regular businessdrink, don’t you think?
Sinterklaas greats Redbad Klijnstra when leaving the Business Drink.
Sint and Piet
This must have been partly caused by the visit of Sinterklaas and Zwarte Piet,
who brought presents and a good atmosphere to the business drink. During a
raffle, two VIP-tickets for the Tour de Pologne (sponsored by Bank BGŻ) were
given away, along with several winter survival packages (sponsored by the NL
Chamber and Grupa Żywiec) which included the famous Unox Rookworst,
hagelslag and other
typical Dutch delicacies,
the biography of Steve
Jobs and the quote 500
and a beer package.
Remco Norden receives a present and a
warm word from Sinterklaas for his support
to the Chamber
For some special friends
and members of the
Chamber,
Sinterklaas
had a special word and
some extra presents.
Sinterklaas and Zwarte
Piet, we thank you for
your visit. We hope that
you will be present again
next year!
Van Ameyde’s Krzysztof Jabłonski receives prizes, lots of prizes, from
a hostess of Bank BGŻ.
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Bulletin
NL Chamber
offers a
platform for
Dutch farmers
in Poland
Geert Embrechts addresses Dutch farmers
On 2 December, the
during a conference organized at the
Netherlands Embassy
Netherlands Embassy in Warsaw.
in Warsaw, together with
our Chamber, organised
a seminar about the new law on land leasing in Poland. About 40 international
farmers in Poland were present, and listened to various speakers, including
our chairman Geert Embrechts, as well as Tomasz Ciodyk and Anna ZającPlezia director and co-director of the ANR, the Agricultural Property Agency.
They explained the implications of the new law. As a result of the new law,
farmers with more than 430 ha of land will have to give 30 per cent of it
back to the Agency. The purpose of the law is to allow young farmers to
start up a business. Farmers with large amounts of land will lose part of their
investment. During the seminar, the ANR explained that, even when there is
no interest in the land from third parties, the agency still will claim the 30%
of the land.
Since Dutch farmers in Poland are not organised in any formal or informal
way, the Netherlands - Polish Chamber of Commerce have prepared a
special offer for new members from the agri-sector. Already many farmers
have reacted positively to this proposal and have joined our Chamber. We
hope that many more will follow. We already have a strong position, with a
large proportion of our members being active in the agri sector. However,
with more members among the farmers, we can develop a stronger position
to lobby for them in the official bodies. You can read more about the new law
in the column in this bulletin from our board member Remco van der Kroft
on page 24.
For more information about our offer for Dutch farmers, please call our office
(+48226537652) or mail us at [email protected]
Dutch EURO 2012 Football and Business event
On Monday, 7 November, the Netherlands - Polish Chamber of Commerce, the
Netherlands Embassy and Eunite brought together four acclaimed persons
from the sporting and sports business world for a conference on business,
knowledge and best practice in sport and business. The organisers were
able to attract Marcin Herra, CEO of PL2012, as one of the key speakers.
Other panel members were Robert Wispelweij, workforce adviser for UEFA,
Peter Rovers, sports marketing director of Pro-sport and Jokko de Wit,
founder of Oranjecamping. The four panel members shared their expertise
and thoughts on the business and marketing of sport and in related areas.
Marcin Herra updated the
audience about the most
recent preparations for
Euro 2012. Moderator Elro
van den Burg facilitated
the discussion between
the panel members and
the audience.
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issue 36 Bulletin
11
Thanks to help from many of our sponsors,
members and non-members, we were able
to organise an outstanding Rijsttafel event.
It is difficult to imagine a Rijsttafel without Rob Regenhardt, the founder and
the long-time cook of this event. Nineteen years ago he started to organise
in Poland this typical Indonesian dinner on a very small scale, for about 10
friends. That is difficult to imagine when you look at the Rijsttafel today – an
event with 300+ guests, professional sound and light design and a band
flown in from the Netherlands.
Like every year, Rob started his preparations in the kitchen three days
ahead of the event. I met Rob on the first day, when he was in the middle
of preparing the soup. “Hmmm, this just needs a little salt,” says Rob, while
taking a sip. He is working in a white Hilton chef’s jacket with the sleeves
rolled up. In the Hilton’s kitchen on the first floor, he receives support from
several cook mates.
While his assistants are slicing the meat for the sate, Regenhardt explains
about the Rijsttafels from the past. “I think that in my life I have prepared
Indonesian meals for at least over 10,000 people. I have done that so often
that I don’t need recipes anymore.” Instead of cooking the dishes with help
from a recipe, all the preparations are made by Rob from the top of his head.
Therefore every Rijsttafel will offer the guests a unique experience.
The Rijsttafel
2011
a unique experience
in every way
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Bulletin
But not only has the kitchen been organised in a professional way. The
organisational team of the Rijsttafel (Eric van Vliet, Remco van der Kroft and
Maurice Idsardi) decided that we needed an experienced moderator for this
event. Therefore, a few weeks before 21 November, I had a meeting in a
coffee bar with Dutch actor Redbad Klijnstra. During that particular morning,
he did more than just agree to be the acting moderator. We mapped out the
complete event and Redbad helped us with designing the lighting plan. He
also proposed to make a short iPhone movie about the arrival of the band
Adlicious at Chopin airport in Warsaw. This was a great idea that made our
event much livelier!
Adlicious, our main stage act for the evening, is a new vocal sensation from
the Netherlands, they were the finalists of ‘X-factor’ and, with their three
educated voices, they are perfectly capable of performing the classical pop
and dance tunes of today’s music. We were very glad that we were able to
book this band for our Rijsttafel. However, many people don’t know how
close Adlicious’ performance came to being cancelled.
Sponsor Grupa Zywiec provided us with beer and wine and
tickets to the match Legia – PSV for our raffle.
Ambassador Marcel Kurpershoek (second from the left) was present with his wife Betsie Udink. They are talking to Koen Haverbeke
(third from the left),representative for the Flemish Community and
Region in Warsaw.
The band members should have taken the early plane of 10.30 on Monday
morning of 21 November. But over the weekend, fog clouds developed
across Europe, causing several flights around Europe to be cancelled…
including Adlicious’ morning flight. Luckily Eric van Vliet, a member of the
organising committee, had already foreseen this and provided us with a plan
B. We immediately booked the band on a KLM flight to Warsaw that took off
the same morning. Although many other flights were cancelled that day, the
KLM flight kept its schedule and took off with our singing group.
On the evening itself, everybody had forgotten about the troubles with the
morning flight. Our event in the Hilton Hotel started at 18.00, and over the
next half hour around 310 guests gathered in the foyer of the Warsaw Hall.
Many companies had taken the opportunity to invite their clients to the event.
Where better to do business than in a Dutch environment with great food
and traditional Dutch – Indonesian culture, they thought.
All the guests made their way to their seats and soon we settled down to
listen to the opening speech of Geert Embrechts, who for the occasion
was wearing a baju, a traditional long-sleeved shirt from Indonesia. When
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Bulletin
13
finished, Ambassador Marcel Kurpershoek gave a speech and soon after we
watched a short movie about the activities of the Foundation for Corporate
Social Responsibility. When Rob Regenhardt opened the buffet, it was time
to go to another highlight of the evening – enjoying the Indonesian food.
schedules, they joined in even halfway or at the end of the Rijsttafel. Other
guests couldn’t get enough of the good atmosphere and stayed until late in
the morning. According to the Hilton Logbook, the last guests left at 04.00
in the morning.
At nine it was time for the band Adlicious to take the stage. They offered
us nothing less than we had expected, a fabulous stage performance.
They showed us why they are currently one of the best-selling live bands
in the Netherlands. The audience started dancing almost instantly and
those who didn’t, were swept on to the floor by the enthusiastic Adlicious
band members. Although Monday was a normal business day for most
of us, many partygoers stayed and danced till late in the evening. Some
delayed guests wanted to join so badly that, in spite of their mixed up travel
Summing up the event, I think that we can look back on a successful Rijsttafel
2011 with many happy guests. However, probably the most satisfied of all
are the children (promised kids) from the Foundation for Corporate Social
Responsibility, thanks to the marvellous result of the raffle a record of PLN
20.000. Thank you all for contributing to that.
Raffle hits a record
Elro van den Burg
Director of the Netherlands - Polish Chamber of Commerce.
Natalie Marciniak says a word of thanks on behalf of the FCSR.
We are happy to announce that the raffle for the Foundation for
Corporate Social Responsibility raised 20,000 PLN, which is
comparable to 6,600 hot meals for the children of the foundation.
The raffle has been a record breaking fundraiser for our organisation.
Never before has the Netherlands - Polish Chamber of Commerce
raised so much money for a charity cause.
The success was achieved due to the many great prizes that were
offered by our sponsors. Some of the companies, like BGŻ Bank,
Athlon Car Lease, Ghelamco and Bawaria Motors, already bought
tickets for their tables several days in advance of the event.
The Foundation for Corporate Social Responsibility is a network
of 90 international corporations actively working in Poland to
affect positive social change through corporate philanthropy. The
foundation feeds, educates and empowers poor children in Poland.
Thank you to our sponsors.
This year the sponsors overwhelmed us with financial support
and quality prizes. We want to thank ING Życie for being the main
sponsor and KLM - Air France for sponsoring two tickets to Rio de
Janeiro. However, we also want to thank a lot of other companies that
contributed: Athlon Car Lease and Bawaria Motors for your weekend
away with electrical and luxurious cars; BGŻ Bank for sponsoring and
taking four! tables at the Rijsttafel; Grupa Żywiec for your hostesses,
your bar, your beer your wine and your tickets for the match Legia
Warszawa - PSV Eindhoven; Coca Cola for the soft drinks and the
great service; Otto Workforce, Imtech and Raben Logistics; Dobre
Wina for your wine and your raffle prizes; Intercontinental Hotel
for your dinners and breakfasts and wellness treatments for the
raffle; Hilton hotel for the great service; De Heimweewinkel for not
only sponsoring, but also providing us with a lot of tastefull Dutch
products; And Freshworld for transporting this to Poland; Agharta for
lending us your Indonesian art and Corstjens Woldwide Relocating
for transporting it to our venue; Family Embrechts for lending us your
becak; Redbad Klijnstra for adding extra sparkle to the Rijsttafel,
and Rob Regenhardt for days and days of hard work in the kitchen.
Thank you all for helping us creating a great Rijsttafel!
Dobre Wina sponsored the wine and winetasting during the evening
The evening was a great success with more than 300 visitors, many of the guests dancing on music of Adlicious and the DJ and
the last guests leaving at 04.00 in the morning.
Members of the Warsaw Gamalan band, the only band in Poland that performs the traditional music from the island of Java.
First time at the Rijsttafel
and already winning the
main prize. Gert Aerts,
general manager of Lely
won the raffle, and took
home two KLM - Air France
tickets to Rio de Janeiro.
The rijsttafel, or rice table,
consists of many side
dishes served in small
portions to the guests.
14
Singer Jordi from
reaching for a high note….
issueAdlicious
37 Bulletin
Jeroen Peters receives a raffle prize that was provided by Agharta.
The Rijsttafel event attracted this year over 300 guests. Many companies invited their clients to introduce
them to the Dutch - Indonesian culture.
Many took the opportunity to make new contacts. On the picture you see
David Garcia, countrymanager KLM – Air France talking to Anneke Adema,
head of the economic department of the Embassy of the Netherlands.
The
surprisingly
robust
condition
of the
Polish
economy
Domestic demand remained the key factor behind Poland’s Q3 growth,
contributing 3.2 pps to the headline figure. Gross fixed capital formation
pitched in a further 2.0 pps (including investments – 1.6 pps). The impact of
net exports on GDP growth was likewise positive at 1.0 pps.
The gross value added in the national economy increased by 4.0% y/y in Q3
(including a 5.5% growth in manufacturing, 11.9% in construction, 5.3% in retail,
3.6% in transport & communications, and 6.7% in financial intermediation).
Domestic demand increased by 3.2% y/y, against 4.3% in Q2. Total
consumption was up by 1.6%, reflecting a 3.0% rise in private consumption,
and a 3.1% drop in public consumption. Many companies in the construction
sector in particular will experience difficulties in finding new projects now that
several EU-funded projects are almost finished. Also transport companies will
suffer from higher fuel prices.
In addition, the housing market and the automotive market are slowing down.
Fiat’s Polish plant has announced plans to lower production, which will have
an impact on suppliers of the plant. It is also likely that the production of
home appliances will suffer from the downturn in the Euro region, though the
agri-sector is expected to show better results.
„Only one country in Europe
– Estonia – is expected to
develop at a faster pace than
Poland next year.”
Gross fixed capital formation, commonly referred to as investments, increased
by 8.5% (up from 7.8% in Q2), while the investment ratio (gross fixed capital
formation to GDP in current prices) stood at 19.7%, up from 19.2% in Q3 2010.
The full-year economic growth is now almost certain to reach 4% or more in
2011, but Poland is unlikely to avoid the negative impact of the deepening
crisis in Western Europe next year. The government has just lowered its GDP
growth projection, used as the basis for budgetary planning, from 4% to 2.5%,
which is in line with OECD forecasts. However, most economists expect
the final outcome to be higher. Only one country in Europe – Estonia – is to
develop at a faster pace than Poland next year, the OECD said.
16
issue 37
Bulletin
Compared to a year earlier, at the end of August 2011 the
percentage of unemployed not entitled to unemployment
benefits was higher by 1.4 pps. This may have some
impact on the purchasing power of household incomes
and consequently on aggregate demand. The share
of unempoyed not entitled to unemployment benefits
compared to the total was 84.1%.
According to preliminary data released by the country’s stats office GUS,
Poland’s year-on-year GDP growth in Q3 came to 4.2% in both seasonally
adjusted and unadjusted terms, down from 4.6% (seasonally adjusted) and
4.3% (seasonally unadjusted) in Q2 2011. A consensus forecast published
earlier by Bloomberg had seen the figure at 3.8%.
Consumer sentiment
GDP growth in 2012
Economist Dariusz Winek of the BGZ bank expects the year-on-year growth
in the first and the second quarter of 2012 to come to 3.5%. The third quarter
will balance around 3% and GDP growth in the fourth quarter will be around
2%. That is only slightly less than experts forecasted a few months ago. Lower
expectations are influenced by insecurity in the euro region, and a higher than
expected inflation.
„The decision to raise the
minimum wage in January
2012 is probably already
constraining employment
growth in the corporate
sector. ”
The IMF, however, has slashed Poland’s growth forecast for next year from
3.8 to 2.5%. Despite this, experts from the organisation remain positive
about the changes the Polish government plans to make to the budget. The
government hopes that, through the changes, it will be able to lower the public
finance deficit to below 3% of GDP next year.
Unlike many smaller CEE countries, Poland is partially shielded from the
European turmoil by the considerable size of its domestic market. Exports
represent some 42% of the country’s GDP, compared to 86% in Hungary.
The unemployment figure in December will balance between 12.2 and 12.3
pps. It started to fall in September for the first time in two years. The decision
to raise the minimum wage in January 2012 is probably already constraining
employment growth in the corporate sector. An additional factor is the
weakening pace of the economic growth. The expected unemployment figure
will deteriorate in 2012 to 12.9. The situation in the first two quarters will not
differ much from this year. The second half of the year, however, will show a
dynamic increase of unemployment.
Consumer sentiment surveys conducted by the Central
Statistical Office (GUS) indicate a slow but consistent
improvement in sentiment since Q2. The leading Consumer Confidence Index
(WWUK), which describes trends in individual consumption, improved by
2.3% (M9) compared to the previous month of 2011.
In August, the average employment in the corporate sector diminished slightly,
while the pace of change in real wages remained almost unchanged. Also in
August, the average number of people employed in the corporate sector was
5,520,000 which is 3.1 % up on the previous year.
Advertisement
Career tracker
Column
Dini Bouwmeester
Dini Bouwmeester, currently Group Technology and
Quality Manager in Grupa Żywiec, has been appointed
Supply Chain Support and Development Manager
for Heineken in the CEE region. In her new role she
will be responsible for supporting 42 breweries
in 15 different countries in the CEE region. She will relocate to Vienna
in January 2012. Dini joined Grupa Żywiec in 2006. Apart from Quality
Management, she supported new product developments and launches,
such as Desperados, non-pasteurized beers (Leżajsk, Królewskie and
Specjal), new Żywiec bottles and labels and Żywiec Bock. She is active
in people development and organizational and cultural transformations.
Before coming to Poland she held various positions in the Supply Chain
at Heineken in the Netherlands in different areas, like Quality Management,
Beer Production, People Development and global Quality and Technology
Support. Dini regrets that she cannot continue her additional activities, like
the membership of the Board of the Netherlands – Polish Chamber of
Commerce and the membership for the Dutch Society “Poolshoogte”, and
especially the organization of the O’Holender festival in Warsaw. She invites
all our readers to actively support this event, as she will do from Vienna.
Rogier van Zanten
Rogier van Zanten has been appointed the
Director of Operations at the Hilton Warsaw
Hotel & Convention Centre. In his position
he is responsible for supervising seven key
operational departments of the hotel. Van Zanten
has sixteen years of experience in the hotel industry. In the past he
worked as a Hotel Manager for Art’otels by Park Plaza , Holiday Inn
Berlin and Steinberger Dusseldorf, as well as outside of Europe in
Boston and Curacao. For the last 3 years he held the position of the
Front of House Manager at the Hilton Mainz. He graduated from
Hotel Management School in Holland. Rogier is married and has got
a son. His hobbies include golf, sailing and scuba diving.
Renaud Dehillotte
Renaud Dehillotte has been appointed the new
director of DAF Trucks Polska. Associated with
DAF for eight years, Dehillotte held the position
of financial controller of DAF Trucks UK between
2007 and 2011 after he started his career in 2003
as a financial controller for DAF trucks France. Dehillotte holds a
Master of Business Administration degree and a bachelor degree of
Business & Management, from the University of Bordeaux. Privately
Dehillotte Renaud is the father of three children. He has been an active
football player and his greatest achievement was the performance in
the French national team for players under the age of 20.
18
issue 37
Bulletin
Rafał Piskorski
Rafał Piskorski has been appointed Country
Manager for De Lage Landen Polska. Prior to his
work for De Lage Landen, he was Country Manager
of Fortis Lease Polska, Country Manager BNP
Paribas Lease Group and CFO of Volvo Financial
Services Polska. Piskorski holds a master degree in econometrics
from the University of Warsaw. Remco van der Kroft
Remco van der Kroft has joined experienced
lawyers Maciej Węgiełek and Marta OlczakKlimek to form a new law firm Olczak-Klimek van
der Kroft Węgiełek.
Remco is a Dutch lawyer with 20 years of experience, admitted to
the Rotterdam bar, who spent 10 years working in Warsaw. During
the remaining years in Paris, Rotterdam and Chicago, he has always
been involved in Polish matters.
He describes himself as an international deal lawyer experienced
in M&A and real estate, with a strong affinity for tax and IP issues,
who is capable of working with different cultures. He has been
a long-serving board member of the Netherlands-Polish Chamber of
Commerce as well as of the “Dutch school” in Warsaw.
Job search
Rogier Pols
Rogier Pols (36) has until recently been employed as
Branch Manager Poland and Export Manager Eastern
Europe for Bravilor Bonamat B.V, a leading Dutch
manufacturer of professional gastronomic equipment.
Paweł P. Mlicki
Ph.D. Deputy Director
Dehora Consultancy Group.
Businesses lose millions
Time seems to be our most limited and democratically distributed resource:
We all have just 24 hours every day to spend. Time defines both our personal
and professional lives.
The challenge for every organisation is to achieve maximum results within a
given period of time. Performance and output can be improved by finding the
optimal match between a company’s goals, workload, human resources and
legal regulations. To put it differently, an optimised workforce process ensures
that the right people with the right skills perform the right tasks - at the right
time and in the right location. This enables the entire organisation to achieve
the best sustainable results possible.
This may sound reasonable and simple, but, despite the challenging
economic times, only a few companies fully understand and acknowledge the
importance of workforce planning and scheduling. This is all the more strange
when one realises that the costs of human labour are generally the vast
majority of all business expenses, and can exceed 80%. Moreover, in most
countries some 20% of all employees work irregular hours or in shifts including
night work. The sectors involved are: health care, logistics, transportation,
hotels and restaurants, security, customer services, emergency services such
as fire brigades, medical care and police, to give just a few examples.
There is enough evidence to show that, as a result of improvements in corporate
time planning processes, the employer can save tens, and sometimes hundreds
of thousands of zlotys or euros per year, with very limited investments.
Let me give an example. With 250 employees, monthly labour costs per
employee at 3,000 PLN and an expected savings associated with the
optimisation of workforce planning at a very conservative level of just 2%,
the company can save 180,000 PLN each year. Well, the message is that
efficiency in workforce planning is important in good times, but undeniably
must be dealt with in bad times.
How is it possible that this point is missed? The answer is simple. It is a lack
of awareness in a large number of managers that professional planning of
corporate working time is actually core business, and therefore essential for
the operation of the company and also for its financial results. The costs of
overtime, redundancies, hiring of temporary staff, sickness absences, staff
turnover and low motivation and job satisfaction, all resulting from imperfection
in working schedules, are huge, but are very often overlooked, or at least
not directly associated with poor workforce planning. In the Netherlands,
for example, in industries where irregular hours and shift work, especially
performed during night time, are adopted, the single most likely factor behind
an employee changing jobs is dissatisfaction with his or her working schedule.
If not dealt with properly and professionally, planning and scheduling of
personnel will negatively affect the efficiency, productivity and vitality of the
organisation and its staff. The conclusion seems obvious: Planning takes time
and costs money. No planning takes more time and costs more money…
However, after 7 years of operations in Poland, the company decided to
withdraw from this market in November 2011. Rogier is therefore currently
seeking a new job or other business opportunities. After gaining a degree
in International Business and Languages from the Holland University near
Amsterdam he moved to Warsaw.
Advertisement
He has a family there with 2 girls (7 year-old twins). Employed in Poland
since February 1998, Rogier has built a career in Sales, Marketing and
Management positions. He previously worked for international marketing
agencies and FMCG companies. In addition to his native language Dutch,
Rogier is fluent in both English and Polish.
His main passion is endurance sports, such as long-distance running and
triathlons. Rogier’s contact details and CV are available at the website of the
Netherlands - Polish Chamber of Commerce.
issue 36
Bulletin
19
invites new members
CorstjensWorldwide Movers Group
Corstjens Worldwide Movers Group is a pioneer in
providing moving and relocation services in Central
and Eastern Europe. Established in 1946 in the
Netherlands (and still headquartered in Amsterdam),
it started its operations in Eastern Europe in 1982,
with the opening of an office in Belgrade. Within a
short span thereafter, Corstjens made its presence
felt in the region as branches were established in
Moscow, Warsaw, Prague, Budapest, Kiev, Riga and
other capital cities. In 1999 we became a member of
the Antwerp-based Gosselin Group, which allowed
Corstjens to provide services through its own network
in 42 locations around Europe and Asia. We work
for leading multinationals, embassies, government
institutions and private individuals; clients who highly
value expertise, quality and reliability. In Central and
Eastern Europe, Corstjens can claim a special niche
in the market. Perhaps this is one of the reasons
why more than 200 multinational companies choose
Corstjens Group as their preferred moving partner.
The Corstjens Group: Worldwide Activity, Local
Expertise. For free, non-binding estimates please
call our Warsaw Office at 022-73 77 200. www.
corstjens.com
Memuta
Progressive medium to large enterprises use
Memuta’s methodology to rapidly identify, prioritise
and action solutions. The assessment report and
the resulting Organisational Improvement Plan
helps drive change in the organisation. We also
offer Business Continuity Planning to identify your
critical resources and evaluate the potential impact
should any of these resources be unavailable for
an unacceptable period of time. Our Business
Process Management tools provide for the capture
of non-financial business data that goes far beyond
simply mapping existing processes. The tool and
integrated database provides a “single source of
truth” for all business process documentation. This
knowledgebase provides an invaluable aid for
Employee Induction Training and comprehensive
Job Descriptions, as well as many other tangible
benefits. The models produced identify redundant
or incomplete work effort and provide for “what
if” simulations. Memuta was originally founded in
Australia in 1980, and since then has built an enviable
record in helping organisations across Australia and
the Asia-Pacific region improve the way they conduct
their business. Memuta is now a Polish company
and offers its services in Poland and the larger EUcommunity, and is proud to be a member of the
Netherlands-Polish Chamber Of Commerce.
20
issue 37
Bulletin
Olczak-Klimek van der Kroft Węgiełek
Olczak-Klimek van der Kroft Węgiełek (“OKW”)
is the only part-Dutch law firm in Warsaw. The
firm’s origins go back to 2004 when Marta OlczakKlimek started her own legal practice and has
since evolved to a firm with 10 lawyers.
The firm wants to compete on price against
mid-size and large law firms. Its lawyers provide
expert legal advice and a business-like approach
to each case. OKW works for clients of various
backgrounds, from small and medium size
enterprises to international corporations.
The firm’s clients include leading companies from
the food, the real estate, the IT, the medical and the
insurance sectors. For many Dutch companies, it
bridges the cultural and sometimes linguistic gap
between the legal department in the Netherlands
and the particular needs of the Polish subsidiary.
For Polish clients, they can manage their legal
issues abroad, in particular in the Netherlands.
Internet: www.okw-kancelaria.pl
Address: ul. Nowogrodzka 21, 00-511 Warszawa
Tel: (+48) 22 481 60 80
Email: [email protected]
Serial part 2: Farm Frites Poland Dwa
DorhoutAdvocatenN.V.
Dorhout Advocaten N.V. is a medium-sized law office,
supporting large and semi large businesses as well
as entrepreneurs, public authorities, non-profit and
other organisations. Our specialised lawyers operate
in various legal areas and form one efficient office
for all legal problems and queries. We aim for the
highest quality of service, combined with speed,
determination, commercial enterprise and enthusiasm.
We work in teams, and always with the interest of the
client as our combined objective. Our Polish Desk has
been established to advise Dutch clients in matters
concerning Polish law, as well as Polish clients in
matters concerning Dutch law. The Polish background
of the head of this Desk gives her a solid knowledge
of both Dutch and Polish law, and, along with her
team, she combines interest in economic and social
developments in both countries, which guarantees
tailored advice for our clients. We also work closely
together with renowned Polish law firms.
Dorhout Advocaten N.V.,
Karin J. Figel/lawyer
Email: [email protected]
Tel.:+31 50 520 6520
Van KetwichVerschuuurlaan 98,
9721 SW Groningen
PracowniaGierSzkoleniowych
Pracownia Gier Szkoleniowych – this tongue twisting
company is an internationally active, Warsaw-based
company specialising in designing and running
management games and business simulations for
organisational development purposes. Its games are
used to support change and team alignment processes,
they help in improving communication and coordination
in business and public administration organisations.
Pracownia was created in 2004, and since then the
company has grown to a team of consultants, trainers,
designers, scholars, and experienced business
practitioners.
Together they create games that develop social
intelligence skills and win international competitions.
Pracownia’s games “Strike Fighter” and “Matter of
Time” won the first prize at both the 2009 and 2010
Game Design Competition in the US and Canada, an
annual international competition for game designers,
organised by the North American Simulation and
Gaming Association.
Pracownia is an active member of the International
Simulation and Gaming Association, having had
a representative on the Executive Board of the
Association since 2010. Pracowania works in English,
Polish, German, and in dedicated programs in Dutch.
www.pracowniagier.com
Dutch companies in Poland:
PGA Polska
PGA Polska is part of the international group PGA
Motors – owner of more than 200 dealerships of
various brands in Greece, France and the Netherlands.
Every year PGA Polska is strengthening its position on
the car dealers market. PGA Polska currently owns
seven dealerships in Poland:
Farm Frites Poland S.A. is a joint venture of Farm Frites and
Aviko, two leading European producers of potato products.
Being the market leader in Poland, the company serves the
retail market, as well as restaurants and is the exclusive provider
for McDonald’s in six countries. The company established
Farm Frites Poland Dwa - the farm that produces high quality
raw materials for the factory.
The office of Farm Frites Poland Dwa is located in a unique place, the manor
house in Bobrowniki. This complex was established in the second half of the
19th century. The surrounding park that measures 14,4 ha is one of the most
beautiful parks in Pomorze and was set up on the east of the Łupawa valley.
The manor house was built on the park area in 1864-65 by Franz von Mitzlaff.
“Since it was built at a time when the whole area was under German rule, these
days many German tourists come to visit the place”, says Gerhard Meiborg,
the farm director of Farm Frites Poland Dwa. Gerhard Meiborg has been
The office of Farm Frites Poland Dwa is located in a palace in Bobrowniki
that was established in the second half of the19th century.
The history of Farm Frites Poland Dwa dates back to December 1993, when
4000 ha land was leased from the former state owned farms (PGR). The
main cause for setting up an own farm was the poor availability of suitable
raw material for the production of French fries. The varieties available in
Poland are mostly used for direct consumption, starch, flake processing, and
animal feeding. Farm Frites started cultivation of potatoes for the French fries
processing only at the end of the previous century. After investments in the
Gerhard Meiborg, farmdirector of Farm Frites Poland Dwa
working in Poland since 1996 and has closely experienced the changes that
Poland went through over the years. Both on a national level, the enormous
wave of foreign companies that have established themselves over the years
in Poland, including their main competitor potato producer McCain, as well as
the developments at the Farm Frites factory. The company produces 24 hours
seven days a week and is the preferred supplier for McDonalds in Poland and
five other countries in the region.
Bawaria Motors – BMW and MINI dealer
Ul. Czerniakowska 47, Warszawa
Al. Krakowska 5, Falenty (Janki)
Al. Roździeńskiego 204, Katowice
www.bawariamotors.pl
MB Motors – Mercedes-Benz dealer
Ul. Puławska 34, Piaseczno
Ul. Krzywoustego 71, Poznań
www.mbmotors.pl
Lion Motors – Peugeot dealer
Ul. Fordońska 325, Bydgoszcz
Ul. Grudziądzka 138, Toruń
www.lionmotors.pl
soil, which entailed improving the pH level, fertility, and structure, as well as
proper input of fertilizers, chemicals, healthy seeds, the average yield from
one hectare of potatoes is now at the level of 47 ton per ha, where the country
average is below 20,7 ton per ha.
McDonalds assigned Farm Frites Poland Dwa its flagship farm for potato
production in Europe.
The role of the farm for the factory has changed over time. The farm produces
potatoes in a wider rotation and it intensified the growing of seed materials.
The major demand for the raw potatoes for the factory is presently grown by
around 50 contract growers who can deliver potatoes with similar high quality.
They are located in the region starting in the west of Poland and ending in the
Żuławy region (east of Gdansk). There have also been small areas contracted
near Poznań and Kalisz for early potatoes. Over the last few years the farm
has put a lot of efforts into sustainable production of potatoes. Therefore
McDonalds assigned Farm Frites Dwa its flagship farm for potato production
in Europe.
issue 37
Bulletin
21
Advertisement
Advertorial
How to
collect
foreign
claims?
Cross-border entrepreneurship has become an integral part of the
EU. But what if a foreign debtor does not pay the invoice? Arrears in
payment are the main cause of insolvency, which puts the existence
of mainly small- and medium sized companies in danger. This is
a guide on how to collect foreign claims.
within 30 days after being served with the European Order for Payment, that
European Order for Payment is considered as a court ruling, against which
no appeal is possible. You can have your money collected by a bailiff and you
can take possession if necesarry.
Which countries’ law is applicable to claims? Clause on
choice of applicable law
In case you have an indisputable claim, you can make use of the European
Executory Title procedure (EET procedure). With this you can obtain a court
ruling which can be enforced throughout the EU. So it is not necesarry for you
to obtain an extra executory court ruling.
The lawyer dealing with the case must ask the court to provide the court ruling
with an “EET stamp”.
In order to prevent this often complicated legal question, a clause on the
choice of applicable law has to be agreed upon. A clause on the choice
of applicable law is nothing more and nothing less than a stipulation: “This
agreement is strictly governed by Dutch (Polish) law”.
Such a clause has to be agreed upon explicitly.
What if a choice of applicable law has not been made?
In such cases it should be determined which of the parties has delivered the
characteristic performance for the agreement. In a purchase agreement it is
about the goods supplied by the seller, while in an agreement for the provision
of services it is about the work executed by the commissionee. So for the
sellers and the service providers the law of their country will be applicable.
The buyers and the clients would do well by including a clause on the choice
of applicable law in case they want to litigate under their own law. Besides, it
is of the utmost importance for the parties in a multi-party agreement and for
those, who have their place of business in different countries.
Where to litigate?
The fact that Dutch/ Polish law is applicable to the agreement does not mean
that legal proceedings can be conducted either in The Netherlands or in
Poland. The governing rule stipulates that the competent court has to have
jurisdiction in the place of business of the defendant.
This has one exception: the case when the parties themselves have chosen
the competent court and therefore have agreed upon a so-called choice
of forum clause. This is done by including into the agreement the following
stipulation: “All disputes between the parties arising from this agreement or
in direct - or indirect connection with this agreement will strictly be judged by
the competent court in the place of business of the seller”. Please note, that
this has to be agreed upon explicitly. If the parties have not agreed upon a
choice of forum clause, there is a possibility to litigate in the place of delivery.
What procedure?
You know which law is applicable and where you want to litigate. But which
procedure is to be followed?
EOP procedure
EET procedure
Other claims
For claims with a value over € 2.000,=, for disputed claims or for claims
disputed over during the EET procedure, a court ruling can only be obtained
by ordinary national litigation. After a national court ruling has been obtained,
the enforcement of such ruling can only be started after obtaining explicit
leave of the court, by means of a so-called enforcement request.
What can be claimed?
If the term of payment expired and the debtor has not paid, the debtor is in
default. This means that from that moment on until the day the principal debt
of the amount to be paid has been settled, legal- and/or commercial interests
are calculated. Moreover, you can claim further damages and you can also
claim all judicial - and extrajudicial costs.
Before you start any legal proceedings, it is recommended to come to an
amicable solution of the dispute. Experience has shown that when a lawyer
from the country in which the debtor has his business contacts the debtor in
his own language, the debtor will pay or will agree to an arrangement.
This guide is not suitable for a detailed discussion of national legal procedures.
For specific questions with regards to that matter you can contact me in
person.
Mrs. Karin J. Figel (Master of Laws) Lawyer
Dorhout Advocaten
Van Ketwich Verschuurlaan 98
9721 SW Groningen
www.dorhout.nl
[email protected]
Tel.
(+)31-50-520 6 544
Mob.
(+)31-6-2933 9277
The European Order for Payment is a procedure for limited claims with a
maximum of € 2.000,=. The procedure can be commenced with a standard
form. Your lawyer (or you) should fill the form in, sign it and send it to the court.
The court will assess if the form has been filled in correctly and if such is the
case, will issue a European Order for Payment. Subsequently this European
Order for Payment has to be presented to the foreign party within 30 days
after the notice of service. In the case the foreign party does not take action
22
issue 36
Bulletin
37
issue 36
Bulletin
23
Column
Columns
Michał Szymański
managing partner of
Money Makers S.A.
Remco van der Kroft
Advokaat (Dutch licensed lawyer) and
a partner of Olczak-Klimek van der
Kroft Węgiełek
Dutch farmers in Poland,
Eureko revisited?
When all eyes were on the last Polish elections, many laws were quickly
directed through parliament. One of those is the Law of 16 September
2011 on Changes to the Law on management of State-owned agricultural
real estate and on changes of a number of other laws (the “Law”).
A conference of Dutch farmers was held at the Netherlands embassy in
Warsaw on 2 December 2011.
The purpose of the Law is to promote the development of family farms
and allow young farmers to start a business. In Poland there are round 100
active Dutch farmers, many of whom lease large areas of land from the
State Treasury. This land is managed by the Agricultural Property Agency
(ANR). In order to achieve the above-mentioned social effect of the Law, a
procedure is envisaged, whereby the ANR will propose to farmers who lease
more than 429 ha of land, to reduce the leased area by 30%. Needless to
say this will be an offer not to refuse. Refusal will lead to no future renewals
of the lease. The Agency will indicate which plots will be excluded from the
lease and will pay no compensation for loss of investment. The first reaction
is perhaps, what are the investments on leased land, but a few hours at
the embassy gathering of Dutch farmers active in Poland, made it clear to
me that there is more to land than meets the eye. Over the years, these
successful entrepreneurs have invested time and substantial amounts of
money in improving “their” land, in buildings and equipment appropriate for
the current size of their farms. As one of them put it “we don’t make iPods,
we invest for the long term.” However, the farmer will get the possibility to purchase part of the land he/she
has so far leased with a maximum of 500 ha (the law states that one farmer
cannot purchase land from the Agency should this lead to the farmer owning
more than 500 ha).
The Polish Association of Agricultural Lessees and Owners (the “Association”)
has announced it will file a complaint with the Constitutional Tribunal. The
Association believes the Law would be unconstitutional for several reasons.
First of all, no consultation with those concerned has taken place, the Law
interferes unnecessarily in economic freedom, and the Law is discriminatory
for farmers with more than 429 ha of land.
24
issue 37
Bulletin
For the Dutch farmer the effects of the Law are potentially much worse. The
same applies of course to other farmers from EU countries. Where the Polish
farmer can purchase the land offered by the Agency, the EU farmer can only
do so after having obtained permission from the Minister of the Interior, who
will first seek the opinion of the Minister of Agriculture. In practice the Minister
does not often grant permission to purchase such large areas of land (if at
all). As a reminder, the 1920 law on acquiring real estate by foreigners in most
cases does no longer apply to EU citizens and companies with the exception
of the purchase of agricultural land (until 2016).
As mentioned above, there are solid grounds to argue that the Law is
unconstitutional. From the vantage point of the Dutch agricultural investor
in Poland, it would be worth to have a good look at the 1992 Investment
Protection Treaty between Poland and the Netherlands (the “Treaty”) as well.
Article 3 of the Treaty does not permit a country to introduce unnecessary or
discriminatory regulations regarding the exploitation, the running, the keeping,
the use or the disposing of investments by a subject of the other country. At
first sight it seems clear that reducing the size of an investor’s business by
30% for no apparent reason is in breach of this Article 3.
Furthermore, Article 5 (the basis for the compensation that Eureko received for
the loss of its investment in PZU) of the Treaty states that no country can take
a decision which takes away directly or indirectly the investment of an investor
from the other country, unless the following conditions will have been met:
a.the decision is made in the public interest [protecting small family farms?];
b.the decisions are not discriminatory [in combination with the 1920 act the
effects of the Law are clearly discriminatory]; and
c.the decision is accompanied by the payment of a fair compensation [clearly
not the case].
It is completely unclear what the lawmaker wanted to achieve (other than gaining
votes from small farmers), as similar measures in the past did not have the
desired effect. Furthermore, the global tendency in farming is growth in favor
of economies of scale. This Law tries to turn back the clock. During the recent
meeting at the embassy it became clear that the last word has not been said
about this issue. Maybe the Netherlands - Polish Chamber of Commerce can
support the Dutch agricultural community in Poland in its efforts to be treated fairly
by the country in which they have invested so much over the past 20 plus years.
downturn by a fiscal expansionary policy which resulted in a bigger budget
deficit. Unfortunately this time Poland enters the storm with an already high
budget deficit, which leaves less room to maneuver. In fact, the policy outlook
envisaged by the Prime Minister Tusk, points to fiscal tightening in the year
2012.
Poland in good shape
Polish share prices attractive from
a long-term perspective
In the coming period financial markets will remain under the influence of two
factors: the increasing risk of recession in the developed markets and the
Eurozone debt crisis.
Turbulent times
Central Europe is negatively influenced by the problems in the Eurozone. The
CE countries are allocated to the Emerging Markets category. In times of market
turbulences investors decrease their weight in risky assets. This means that
emerging markets are under pressure, even though the crisis itself originated
in the developed world.
Within the emerging markets universe, Central Europe is the most exposed to
the Eurozone. For example, in Hungary and the Czech Republic, export to the
Euro area accounts for 40% of GDP, with their total export being around 80% of
GDP. Additionally, Hungary has to deal with significant imbalances, particularly
foreign currency denominated debt (Euro and Swiss Franc) on the state level,
as well as on the level of individuals. Even domestic currency government debt
relies significantly on foreign funding. The perception of a possible Hungarian
insolvency poses the risk of a domino effect in the CE region.
Poland managed to diminish the negative influence of the 2008 economic
Remy Vermunt
Owner Razorblade Sp. z o.o.
Training, Coaching
and Consultancy.
The Sales Funnel Method
Still, Poland is well positioned to go through the crisis in good shape.
This means that once the panic in the market eases, there is potential for
appreciation of equities and currency. Polish growth relies to a relatively large
extent on domestic consumption – total export accounts for only 40% of GDP.
Government debt to GDP ratio is around 55%, which is quite a good number
(e.g Germany 80% and Italy 120%). Swiss franc mortgages risk - a potential
source of instability - is so far pretty much contained. The vast majority of Swiss
Franc mortgage loans matures in the years ahead. Additionally, the high costs
of service due to PLN depreciation against Swiss Franc is partly offset by a
lower Swiss interest rate. In the case of a short recession in the Eurozone (1-2
quarters), Polish GDP growth should remain positive. That of course does not
mean Poland is immune to a large scale risk, like the possible collapse of the
Euro, which would most likely result in the market turbulence.
Chances for investors
It is worth mentioning that based on valuation measures, Polish stocks are
trading at levels which support their long term attractiveness for investors. The
ratio of market price to book value is close to 10-year lows, at levels seen at the
bottom of the 2008 crisis. Should valuation go back to average levels it would
mean an upside potential of above 50%. This is an opportunity for the investor
with a long term view.
In the short term however, investors on Polish and CE markets will be confronted
with the influence of global woes. In periods of high market volatility and fears
of large magnitude risks (like the fall of the Euro) local characteristics of
relatively small countries do not matter for financial markets. They will become
more decisive factors - as soon as global situation will at least stabilize.
“What is the success ratio of calls, of meetings, of proposals, of negotiations?” “Which critical factors made it a success or failure?” The Sales Funnel
Method can be used as a “sales rep benchmarking tool”, as a “target
group success ratio-tool”, as a “bottom-up forecasting-tool”, as a “salescompetences analysis tool”. To summarise, it is a simple, but rarely used
sales management methodology.
There is not so much magic in sales as is often perceived; it is just another
business process that can be analysed, re-designed and improved.
Good luck with opening up the Sales Black Box.
The what? …The Sales Funnel, or in other words, the sales pipeline. Sales is
a process like any other (business) process, it consists of input, throughput
and output, and it can be managed. Almost all the sales managers I know
(probably around 500) try to manage output, “I want more orders! You should
sell more! You should sell at higher margins!” are phrases often heard. It is
like pulling grass: it won’t make it grow faster. The next phase in the level
of awareness of many sales managers is input: “you have to arrange more
meetings! Make more calls! Make more proposals!” In these cases the focus
is on quantity, to do more, but how efficient and effective is it? And why? Then
the next level of sales management awareness is creating circumstances:
CRM, training, laptop, phone, car, bonuses, ……
Of course it is necessary to pay attention to input, output and circumstances,
though it is analysing the throughput that will ensure results.
issue 37
Bulletin
25
Advertisement
Chamber
news and events
Volkswagen Group Takes Over
Kulczyk Tradex
Dutch auto-trading and service company
Pon has sold its minority stake in Polish VW/
Audi importer Kulczyk Tradex to Volkswagen
AG. The German auto maker is buying out
both a joint venture that operates nine dealerships in Poland, as well as the
joint venture’s stake in imports of Volkswagen, Audi and Porsche, and the
distribution of Skoda. Pon held a minority stake in Kulczyk Tradex since 1995.
The largest theme park in CEE
to be developed in Grodzisk
Mazowiecki
In the spring of 2014, Adventure world Warsaw will
be opened. This theme park is the first of its kind
in Poland and is comparable to the Efteling, Alton
Towers or Europe Park. The investment will cover an
area of approximately 240 ha.
Adventure World Warsaw combines a theme park with over 25 surprising
attractions, 2 hotels offering jointly 800 rooms, Poland’s largest aqua park,
as well as an entertainment area with cinemas, restaurants, shops and clubs.
The year-round part of the park will include indoor playgrounds for children,
interactive shows and activities.
The total investment of stage one is Euro 400 million. The funding required
to develop Adventure World Warsaw will be provided by an international
consortium of private and institutional investors based in Luxembourg. The
Dutch company Las Palm sp. z o.o. was entrusted with co-ordinating the
construction and management process of the Adventure World Warsaw
theme park. Las Palm co-operates with several Dutch companies on the
construction of the theme park. The project management will be performed by
Tebodin from Poland; Imtech Polska will provide advice on energy efficiency;
theming is being done by Jora Vision; the main supplier of attractions is
Vekoma Rides Manufacturing; and Hafema will supply the water rides.
Peter Jan Mulder, the President of the Board of Las Palm sp. z o.o. – “The
construction of the park will commence in the spring of 2012. We expect
approximately two million visitors annually in the first phase of the Adventure
World Warsaw project.”
The construction of Adventure World Warsaw will create approximately 1000
new jobs in the Grodzisk Mazowiecki area. The construction of the Park is
the first stage of the planned investment. The second phase will provide for
the construction of another theme park, an extensive entertainment village,
conference and business centre and a luxurious wellness centre.
New winter beer Grupa Żywiec
26
Grupa Żywiec has introduced a new beer brand – Tatra
Grzaniec – which is a mulled beer. Tatra Grzaniec (Mulled
Tatra) is the only product in its kind on the Polish market.
It is Grupa Żywiec’s response to growing expectations on
the beer market. Currently, consumers are more receptive
to specialty and flavoured beers with unique recipes. Tatra
Grzaniec does not take any special preparation other than
heating it to a temperature of 60 – 70 C. The beer will be
available on the market only between November 2011 and
March 2012.
issue 35
Bulletin
Brunel opens a second office in Poland
On 1 August, Brunel complemented its presence in
Wroclaw by opening a second Polish office in Warsaw. Brunel decided to do
so due to the rising demand in Poland for electrical/electronic, mechanical
and energy engineering services. Enriching the Brunel network, the new office
brings together the full breadth of the group’s international expertise.
Brunel International N.V., a publicly traded company, with 90 offices in 35
countries and a global network of more than 8,000 specialists at its disposal.
A respected international project partner for technical and management
assignments, the company provides flexible engineering and personnel
services in the form of temporary employment, direct placement and work
contracts. Its highly qualified people routinely master complex challenges at
every link in the value chain, from design through development, validation,
prototyping and testing, to project and quality management. In-house test
and development centres give Brunel the infrastructure it needs to handle
entire outsourced projects or subprojects, easing the burden on customers’
resources, and maximising their cost efficiency. The first Brunel office in
Poland opened in Wroclaw, in September 2008.
New location on
the warehouse map
for Philips Lighting
Poland S.A.
Lighting producer Philips
Lighting Poland S.A. has
leased a new warehouse
location in Central Poland. The development of the modern facility for Philips
commenced in Pabianice in September 2011. The building will have in total
9,500 m2 of warehouse and logistic space. Phillips will occupy approximately
9,200 m2 of warehouse space and 300 m2 of social & office area. It is the
second investment of the company in the Central Poland region.
Marek Sobieraj, Plant Manager, Business Centre Automotive, Philips Lighting
Poland S.A. Branch Pabianice, said “Opening a modern warehouse &
distribution centre in Pabianice is an important part of our company’s wider
strategy in that part of Poland. Upon completion, the facility will enable us to
increase the standards of customer service, and will support further growth
of the business in Poland and in Central and Eastern Europe. To date, all
the phases of the investment have been delivered in accordance with the
schedule. We trust that the building will also be completed as planned.”
FCSR approved as a public
benefit organisation (OPP)
The Foundation for Corporate Social Responsibility has become a Public Benefit
Organisation (OPP) under Polish Tax Law. The Public Benefit and Volunteer
Work Act provides an opportunity to donate 1% of your personal income tax
to support the work of the Foundation in feeding, educating and empowering
poor children in Poland. Since time is comming near to file annual personal
income tax returns in Poland, the Netherlands - Polish Chamber of Commerce,
as a co-operating organisation of the FCSR, would like to draw your attention
to the fact that all Polish taxpayers can donate 1% of their tax to a public benefit
organisation, such as the Foundation for Corporate Social Responsibility.
issue 37
Bulletin
27
Beechnuts
and
simulation
games
Willem Klein Klouwenberg is the managing
director of training company Match and More
Poland, a company that is developing rapidly on
the local market.
What can you tell me about Match and More Poland?
Willem Klein Klouwenberg: “Match and More is a training and coaching
company. Initially Match and More Poland was focussed on the Banking and
Insurance industry, but we are focussing on new segments, such as health,
local government, call centres and retail in general. It is the companies from
this sector, the B2C sector, that have to constantly change and adapt to new
demands from customers. And in this market segment we are seeing our
largest opportunities for Match and More.”
Are Polish companies open to these new techniques? After all, in Poland
people are used to theoretical training sessions?
“First of all, I am very positive about the effect we are offering with our simulation
games. We have already seen very positive reactions from our clients, and
that is why I fully believe we should continue with this. There is a reason for
my conviction. Labour costs are becoming higher, and so the quality of the
organisations and also the quality of the trainings should be shifting to a higher
level. We are already seeing that many international companies in Poland
are not satisfied with the training methods that are currently offered on the
market. Due to the increasing number of international companies present in
Poland, there will be a higher demand for these types of training ideas and
simulations. The challenge will be to expand our group of partners and to
maintain connections with Polish culture.”
How does this concept help in day to day situations?
great to value everybody on their own strength. Not many people experience
this in their work environment. People in my company say that they get a lot
of energy out of their work. This has a significant effect on the services you
are offering as a company.”
“Basically it can help people become satisfied in what they do, and ultimately
this results in more successful people. It starts already with training these
people. A lot of people are trained in what they don’t like, and so they become
unhappy. But when they do things they like, they are energised through their
How do you make use of this in your own company?
work. If you let beech nut people do structured and technical work, they will
like this and they will enjoy their work. If I have a meeting with another beech “Our teachers are beech nuts. They have to be, because they have to work
nut, a technical person, I bring somebody from my organisation with a similar
structurally. I have been a trainer myself and gave a training that was meant
personality and they will get on well immediately, which helps our organisation.” to last for 3 days, but I had already finished it in one and a half days. That
shows that I am a walnut. However, we had
But what you are actually doing is
a great time during our trainings, and I finally
labelling people.
decided to make 2 trainings for this client of
one and a half days each.”
“No, I don’t do that. I always let people
themselves discover what type of person
And how about your clients, do you offer
they are. And you are always composed
them your model?
out of two nuts. For instance I am a
walnut when it comes to thinking of
“I do not, but it could be useful to them when
creative solutions for companies, but
they are hiring staff. In chemical companies
when I start cooking I am an absolute
there is not so much need for walnuts
beech nut. I like to cook from recipes out of a book. Without this I don’t feel
than, for instance, in the retail sector. Banks are on the retail market, they
at ease. So this theory is not about labelling, people are too complex for that.”
are constantly changing. If they don’t change, they will be punished by their
consumers. In advertising, you can also divide your message to different
Are there many walnuts in your organisation?
types of people. There are the operational excellence people, there are the
loyal people that will always buy with you, and there are those who will always
“No, you cannot have too many of them in your organisation. I once discussed
buy the newest and most innovative products because they want to discover
this topic with the CEO of KPMG and he told me that he had about 6 to 7
things. For instance, in my company I have a business development manager
innovative people in his company. They are the walnuts. You cannot have too
who is a very technical person. He structures my offers. I can work real well
many, because otherwise your company will descend into chaos. It can be
with him and he knows this. Together we produce amazing work.”
“People in my company say that
they get a lot of energy out of their
work. This has a significant effect
on the services you are offering
as a company.”
Match and More Polska
Our key objective is to conduct training programs,
dedicated mainly to companies from the financial sector
(banks, insurance companies, financial intermediaries).
We conduct workshops and training
programs tailored to the needs of each
client taking into account the special
needs of the trainings participants.
Advertisement
Concentrating on the tasks,
focusing on people.
During a previous meeting you told me your own theory about the
character of your staff. Can you explain this once more?
Can you tell me more about your training? Why are you so special?
“When you look at people you can tell if they are creative or rather focussed on
the technical side of things. I have worked this out as a theory that can help you
“First of all, it is our vision that with every training given, we should limit the amount
to better judge situations or business partners.”
of theory that is offered, and maximise the amount of practical experience. This
certainly gives the best results. Match and More Poland recently decided to
Can you tell more about this theory?
introduce sustainable learning techniques into our training. As one of the first
training companies, we are now using simulation games.
During our training sessions we offer several business cases and our “When you first hear this, it might sound kind of odd, but I have divided the
several characters of people by the names of nuts, for instance beech nuts and
trainees have to solve the cases together. Our professional staff will guide
the participants through the sessions and lead the evaluation of the sessions. walnuts. People with a beech nut character are very technical people. They like
order and tend to avoid chaotic situations. On the other hand, the walnut type
The games we are using have been developed especially for the Polish
of people are, like the shape of this nut, more creative and more eager to take
market and they are very effective for training and preparing Polish managers
risks and accept new challenges.”
for new challenges.”
28
issue 37
Bulletin
Match and More Polska Sp. z o.o.
Al. Niepodległości 106, 02-585 Warszawa
tel./fax +48 22 402 18 17, [email protected]
www.matchandmore.pl, www.matchandmore.nl
issue 36
Bulletin
29
Advertorial
Form of Power of Attorney
In recent years, there have been an increasing number of deals in Poland
where foreign entities have tried to purchase Polish businesses. It is common
practice for foreign buyers to be represented by a proxy in such transactions. In
Poland, the requirement of an appropriate legal form for the power of attorney
is largely underestimated, not only among lawyers participating in transactions,
but also by the courts where the results of these transactions are filed. In most
cases, the proxy is granted abroad, pursuant to local laws in effect in the place
where the buyer has its registered office. Once the proxy is granted, there is an
important question that every manager has to ask, namely whether the proxy is
fully effective under the appropriate provisions of Polish law.
Under Polish Law, there is a general rule that the form for the power of attorney
should follow the form required for the legal act that the foreign business
wishes to conclude. If a foreign business purchases real estate, then the power
of attorney for the plenipotentiary requires the same form required under Polish
law for purchasing the real estate, namely the form of a notarial deed. In more
common cases, if a foreign entity wishes to purchase shares in a Polish limited
liability company, the proxy should have a power of attorney granted in the
legal form with signatures certified by a notary, as this is also the form required
by law for such a transaction.
That analysis of the proxy’s legal form may not apply outside of Polish
private international law rules, which stipulate that the legal act (transaction)
is governed by the law applicable to the transaction. It is sufficient, however,
for the parties to the transaction to follow the form required by the law of the
country in which the transaction is concluded. The latter rule does not apply to
the sale of real estate, or to transactions involving the incorporation, merger,
division, transformation or dissolution of a legal entity.
The form of a power of attorney, and the legal form of the transaction itself, are
not the only elements that should be kept in mind by the parties participating in
the deals, as other mandatory requirements of Polish law may be relevant. For
instance, a buyer coming also an EEA country should apply for a permit to the
Polish Interior Ministry where the company to be purchased owns agricultural
land or forests.
If such a transaction is not preceded by an application for the permit, the
transaction will be invalid, and as such unenforceable.
It is worth noting that if there is any doubt, the parties to any transaction should
meet more stringent requirements for the power of attorney, and thus avoid a
significant risk that the transaction might be challenged by its opponents.
claims sourcing: strategic enabler
I
ncreased customer satisfaction, improved performance and reduction
in costs, while maintaining a firm grip on your claims processes...
That’s what claims sourcing is all about!
30
Our one-stop-shop claims and risk management services allow you to
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and surveyors through a single, local, point of contact. We represent
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issue 34 Bulletin
Sławomir Karasiński, Partner
Fortak & Karasinski Legal Advisers
“Fortak & Karasinski Legal Advisers
has been awarded the European
Medal for their European Law Legal
Services”
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Please contact:
Mr Krzysztof Jablonski
Managing Director CEE Region
[email protected]
tel. +48 500 10 25 88
Van Ameyde Polska
Marsa 56B
04-242 Warsaw
www.vanameyde.com
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DIVERSIFIED EXPERIENCE
INTERNATIONAL DESK WARSAW
International banking including comprehensive services for Dutch
companies operating in Poland – supported by the knowledge
and experience of Bank BGŻ and Rabobank Group.
International Desk Warsaw
+48 22 860 50 23
[email protected]
www.bgz.pl
Money is for people

Polish Business Award - Netherlands

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