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Inauguration of the new project of ZPP and Totalizator Sportowy Foundation – “Business for Ukraine Center”

Warsaw, 12 January 2023

 

Inauguration of the new project of ZPP and Totalizator Sportowy Foundation –
“Business for Ukraine Center”


 “Business for Ukraine Center” is a project of the Union of Entrepreneurs and Employers (ZPP) and the Totalizator Sportowy Foundation, which aims to support the development of Polish-Ukrainian economic relations in the difficult conditions of war and continued attacks by the Russian army on infrastructure and industrial facilities in Ukraine. The center is expected to help several hundred entrepreneurs and companies from Ukraine.

The capital’s Freedom Lounge presented an offer of a new program of the Union of Entrepreneurs and Employers (ZPP) and the Totalizator Sportowy Foundation on support for Ukrainian companies in launching investment activities in Poland and the European Union. As part of the assistance that will be provided to companies that relocate to Poland during the war and plan to expand into the European market looking for new partners, the “Business for Ukraine Center” will provide, among others, business and localization advice, assistance in finding Polish contractors or investors. The center will also provide its clients with free coworking space. In addition, there will be educational webinars on the conditions for doing business in Poland, current regulations or funding opportunities. Companies will be able to benefit from assistance in finding a location for their business. At the same time, the Center has the opportunity to provide free production space in Warsaw.

The Thursday inauguration of the Center was attended by Minister of Development and Technology of the Republic of Poland Waldemar Buda, President of the Board of Totalizator Sportowy Olgierd Cieślik, President of the Board of the Totalizator Sportowy Foundation Izabela Wyżga, President of the Board of the Union of Entrepreneurs and Employers Cezary Kaźmierczak and Bogusława Rudecka, Director of the Business for Ukraine Center at ZPP.

The “Business for Ukraine Center” program will also provide assistance and advice to Polish companies that are looking for business partners from Ukraine or are interested in participating in the reconstruction of post-war Ukraine.

“Given the large influx of companies from Ukraine – our data says that some 17,900 Ukrainian companies have been established in Poland – the program opening today fits in very well with this trend, and our first task should be to identify the problems of Ukrainian companies. As a government entity, we always pledge our support for such initiatives” , Minister Waldemar Buda said at the event.

Cezary Kaźmierczak, President of the Union of Entrepreneurs and Employers (ZPP): “I am convinced that this next project of ours will benefit both the Ukrainian and Polish entities. For obvious reasons, we are seeing a rapid increase in the interest and activity of Ukrainian companies in the Polish market. In 2022 alone, Ukrainian citizens opened some 20,000 businesses in Poland. We are currently seeing high demand for this project. These days, Ukrainian businesses are looking to Poland for what is most important – security. It is also necessary to take advantage of geographic location, similarity of mentality, proximity of cultures and the natural desire to help one’s neighbor.

Olgierd Cieślik, President of the Board of Totalizator Sportowy: “Totalizator Sportowy has always focused on being active – not only in terms of sports or culture, but also social and business activity. I am pleased that the Totalizator Sportowy Foundation, which we have established, supports such a valuable initiative as the Business for Ukraine Center. I am convinced that thanks to the center, entrepreneurs from Ukraine will gain valuable advice and support, and companies established in Poland will allow to build lasting business relationships to the benefit of both sides.”.

In turn, Ms. Izabela Wyżga, President of the Totalizator Sportowy Foundation, the founder of the program, referred to the aspect of uniqueness of the offer: “Through the Business for Ukraine Center program, we aim to provide Ukrainian citizens with comprehensive assistance for their business in the Republic of Poland and Europe. The program is gaining uniqueness and timeliness, as it offers systemic and comprehensive organizational, administrative, legal, as well as consulting and advisory support to Ukrainian entrepreneurs. First and foremost, this initiative makes it possible to provide custom support to companies that are interested in doing business in our country. Moreover, we firmly believe that our original program will contribute to the development of business relations between Ukrainian and Polish companies, and of international dialogue between Poland and Ukraine to build a Polish-Ukrainian community based on mutual trust, cooperation and openness.

Program Director, Bogusława Rudecka said, “Our offer is aimed at companies with an appetite for growth. In our opinion, the time has come for further development of cooperation with Ukraine and more direct and precise assistance measures tailored to the needs of specific companies. It’s quite a challenge, but we are full of energy to work and to serve Ukrainian companies who, in the face of war, do not give up and try at all costs to find a way out of the difficult situation in which they find themselves”.

The Business for Ukraine Center was established at the initiative of the Union of Entrepreneurs and Employers and the Totalizator Sportowy Foundation.

The program is financed by the Totalizator Sportowy Foundation, and operated by the Union of Entrepreneurs and Employers. The project will be implemented in January-December 2023.

The inauguration of the Business for Ukraine Center was held under the honorary patronage of the Ministry of Development and Technology.

Memorandum of the Union of Entrepreneurs and Employers: Ukrainian energy infrastructure in the face of Polish-Ukrainian cooperation

Warsaw, 18 January 2023

 

Memorandum of the Union of Entrepreneurs and Employers:
Ukrainian energy infrastructure in the face of Polish-Ukrainian cooperation

Since October 2022, Russia has systematically and methodically been destroying Ukraine’s critical infrastructure. The percentage of heavily damaged energy infrastructure is continuously growing and, according to partners of the Union of Entrepreneurs and Employers, already exceeded 60% before Christmas 2022. Thus, Russia is trying to take the entire Ukrainian nation hostage, including entrepreneurs who are still trying to run their businesses, notwithstanding the ongoing war. In mid-December 2022, as part of the “Europe-Poland-Ukraine. Rebuild Together” project headed by our Union, the Union’s Energy Forum organised a round table meeting “Energy in the context of reconstruction of Ukraine”.

Representatives of energy companies, organisations actively supporting Ukraine, as well as industry experts representing both Ukraine and Poland attended the round table, and among special guests were the following dignitaries:

  • Mateusz Domian, acting Director of the Representative Office of PKN ORLEN in Ukraine and Director of ORLEN Lietuva
  • Sławomir Gładykowski, Vice-President of the Electric Networks Department at MEGAPOL S.A.
  • Oleksandr Kharchenko, Managing Director at Energy Industry Research Center
  • Wojciech Tabiś, Director at the Polish Power Transmission and Distribution Association (PTPiREE)
  • Tomasz Tomasiak, Head of Energy Transition Department at the Polish Development Fund
  • Vadim Utkin, Innovation Manager and Energy Storage Lead at DTEK Group

Dominika Taranko, the Union’s Energy Forum Director and the round table’s host, at the beginning of the event asked about the current state of affairs in Ukraine. The participants of the meeting were told, among other things, that Russians were methodically damaging the country’s energy resources by consciously targeting the power grid with missile strikes so as to prevent its uninterrupted functioning. While the authorities and emergency services were trying to mitigate the effects of the bombings and were conducting repairs round the clock, in many cases, it would become impossible to repair energy facilities and restore power. This situation is a result, among others, of a growing deficiency of spare parts. Due to the lack of standardisation of network solutions in Ukraine, some components are difficult to obtain, even on a global scale. In cases like these, it is not price that is key, but time. For example, a declaration of delivery of a given transformer several weeks to several months from now is not really an option considering the upcoming cold winter months. And while the weather has thus far been rather mild (average air temperatures higher than in previous years), the situation is nonetheless dramatic.

As a consequence of no steady electricity supply, Ukrainian businesses and production have suffered severely, which constitutes a major blow to national economy. Oleksandr Kharchenko, Managing Director at Energy Industry Research Center, assured: “We keep a register of all damages caused by missile strikes and we will demand full compensation from Russia”. However, before this may happen, people and their companies must somehow survive. Our guests acknowledged that businesses have been very flexible. The country’s capital Kyiv is a perfectly exemplifies the fact that, even in a district where there is no electricity whatsoever, one can find restaurants, shops, and service facilities powered by small generators. This equipment ensures operations of cash registers making it possible to sell goods or of coffee machines making it possible to brew coffee in cafés, while customers get the chance to charge their mobile devices and phones.

“Businesses of all sizes reach out to people, supporting and supplying them with small power generators. We adapted to the situation as much as possible in order to keep jobs and help people earn a living. I am impressed with how well Kyiv is dealing with power outages, how Odesa is doing, how quickly entrepreneurs in Dnipro joined forces and ordered a huge number of generators to supply SMEs with electricity. In the city, there is now no shortage of these devices, which are able to provide a small private house with light,” commented Oleksandr Kharchenko.

The situation is very dynamic. When Ukrainians are in need of anything that is not readily available at a given moment, sales offers appear within a week or two. When there is considerable demand for certain products and they are relatively easily available abroad, they quickly reach Ukraine. Companies, especially smaller ones, swiftly organise themselves and deliver goods to Ukraine en masse.

Nevertheless, when it comes to medium and large enterprises, their situation is undoubtedly extremely difficult, as ensuring production continuity or their normal functioning under current conditions is impossible.

“What has been said about small businesses is absolutely true. Kyiv and other cities are ‘alive’. We shall not surrender. You can still drink fantastic coffee in a café. Yet speaking of big business, here’s an example. We produce transformers in Ukraine, for instance, at the Zaporozhtransformer plant. It’s a rather large enterprise and we ordered several transformers from them. They can even repair broken devices, but the problem is that they don’t have energy either. Look how it is all interconnected. We cannot get our equipment back up and running quickly despite a local supply chain in Ukraine, because there’s no power. A large business cannot function on a small power generator. Big business required megawatts of power. And for now, that is out of the question,” added Vadim Utkin, Innovation Manager and Energy Storage Lead at DTEK Group.

Our guests, when asked about their vision of the future, that is the reconstruction of Ukraine’s energy infrastructure, emphasised it would certainly not be restored one-to-one for a number of reasons. First and foremost, the post-war map of consumption will certainly be different. For example, the city of Mariupol was completely levelled along with all the production facilities that had operated there. All major energy consumers that used to operate there were destroyed. Is it then possible to restore the supply chain as it was before the war? Surely not.

Furthermore, industry experts are convinced that Ukraine’s energy infrastructure will be rebuilt coal-free. Reconstruction of power generation units as well as the distribution and transmission networks will be carried out in accordance with the principles of the European Green Deal and in line with European standards of energy network development. Virtually everyone who works in the energy sector in Ukraine shares this conviction.

Another aspect one must take into account while rebuilding Ukraine’s critical infrastructure is the constant looming threat from the country’s northern neighbour. The risk of a terrorist attack by Moscow will forever remain with Ukrainians. Therefore, the energy network must be rebuilt in a way that guarantees the security of future supply.

Ukrainians are not, however, considering an island mode of operations comprised of local transmission and distribution systems. They are convinced that the system must be cohesive and connected. Still, what is most important is that all links of this system should be as dependable and as resistant to possible future attacks as possible. Discussions on the subject are already being conducted at the country’s highest levels. The goal is to rebuild the system so that it is not susceptible to outside interference.

The general vision of infrastructure reconstruction in Ukraine is of dual nature. On the one hand, traditional nuclear energy will be developed. The country has expertise in this field, human capital, and an existing structure ready for further post-war development. Energoatom employs a large number of qualified, certified specialists and engineers who have everything it takes to take nuclear power generation to another level.

On the other hand, it is clear that renewable energy sources will also be in the centre of attention of the Ukrainian energy system. This applies primarily to energy from wind farms and biomass combustion.

Ukraine has also for some time been working on concepts of systemic electricity storage, including those based on battery systems.

Moreover, experts expect that energy generation from water will gain significance in the form of pumped storage power plants that might be built after the war in Ukraine has ended.

“Ukraine has a vision how to rebuild its energy infrastructure. Of course, we’ll know more when the war is over, because right now we have no idea what will outlast the war. To precisely determine what we should rebuild, we first need to see our post-war shape and which infrastructure survived,” remarked Oleksandr Kharchenko.

According to our guests, both state-owned energy companies and private Ukrainian companies should now strive for the best possible conditions to restore the energy sector on the following principles: independence from carbon, innovation, energy security, full integration with the European energy network, and maximum cooperation with partners in the EU. Efforts are already being made in this direction.

Polish and Ukrainian energy sectors have much in common. Both in Poland and Ukraine, coal-fired power plants have had until this day a rather large share in the energy sector. An extensive energy transformation has already begun in Poland, and over time, coal-fired heat and power plants will be phased out. In this context, Ukrainian specialists focus not only on the domestic, but also on the Polish market for energy storage systems, including battery energy storage systems, which Ukraine is working on.

Vadim Utkin, Innovation Manager and Energy Storage Lead at DTEK Group, stressed: “Every energy system is characterised by two indices: sufficiency, or how many energy generators we have, and flexibility, whether our generators can address the demand for electricity with no hiccups. In terms of sufficiency, before the war, everything in Ukraine was fine. Our country had numerous nuclear power plants, but flexibility had always been a problem.”

Before the war, Ukraine was of course developing renewable energy, but its share was quite low – approx. 10% of all power. In other countries, problems with flexibility are observed only after reaching a share of at least 30% of RES in the energy mix. Ukraine struggled with grid flexibility with a 10% share of renewable energy in the power grid. As a result, renewable sources were often disconnected from the power grid, what translated directly into inflated costs. This was very disappointing for the green energy supporters, because the efforts and financial resources devoted to increasing the share of RES in the system did not translate into Ukraine actually consuming more clean energy.

For this reason, projects involving the creation of energy storage systems were so necessary in Ukraine. The war became, in a sense, a catalyst for these activities. Currently, Ukrainians are developing several scenarios how to expand the Energy Storage System project. A large part of the infrastructure is planned in the west, close to the Polish border. A major challenge in this project is to guarantee its physical security. Looking at the energy storage system, a seaport comes to mind, as there are numerous containers visible on the surface, which are potential targets for missile strikes.

In this context, ideas of cooperation between Poland and Ukraine are quite obvious. As our Ukrainian experts remarked, there are many municipalities on both sides of the border. Poland also experiences periods of energy deficiency, during which it starts looking closely at foreign exports. But it has also identified challenges on its territory related to the flexibility of the system. Therefore, deploying battery systems in Poland seems like a worthwhile idea, while operators on both sides of the border, working under an agreement, could provide system balancing services. This could prove to be a smart and quite unexpected solution to the problem, effective even in wartime. The issue of the physical protection of such facilities becomes irrelevant in this scenario, since Poland is a member of NATO and its situation is far different from the position of Ukraine.

Ukrainian experts believe that ideas of building underground infrastructure are misplaced. On the one hand, the cost of such projects is exorbitant, because issues related to drainage or temperature control are major problems in such systems. This also applies to energy storage systems and substations. On the other hand, all protection systems have their weaknesses, and the first question should be what we are protecting ourselves from. Are we protecting ourselves from X55-class drones and missiles, which are widely used by the Russians? Or are we protecting ourselves from ballistic missiles? These are vastly distinct levels of protection. And this should also be considered.

Energy storage systems are now extremely sought after in Ukraine, because energy reserves are very scarce. Power reserves and energy storage systems help a lot in such demanding situations when the frequency in the grid drops by 50%, as it did happen on 23rd October 2022.

During the meeting in December, Mateusz Domian representing the ORLEN Group described the company’s pre-war involvement in the Ukrainian market, and concerned, among others, the fuel market. Presently, one of the problems in Ukraine is the lack of continuity of electricity supply, which is why energy from generators that run on fuel has become a natural substitute. Small business, by using low-power devices such as cash registers or company lights, have the ability to cope with power outages. However, in order to maintain the operation of activities with higher power consumption, such as petrol stations, the waiting time for the appropriate generators equals as much as even 2 months.

Currently, there is no fuel production in Ukraine, and all fuels are imported. The availability of engine fuels in Ukraine has become problematic, there is no indication, however, that they would run out. Not everyone can afford it, but it is available. Generally, in previous years, the period between autumn and winter was characterised by lower fuel supply both in Europe and in Ukraine. However, during the war period, in particular in autumn 2022, the demand for fuels in Ukraine increased by 30%. Due to the greater interest in fuels on the part of our south-eastern neighbour, the price of fuels in Poland and Lithuania also increased, which, however, is not a factor limiting supplies, as the most important thing is to ensure the availability of fuels on all these markets.

Mateusz Domian claimed: “The Ukrainian fuel industry is extremely efficient and there are no serious problems with the availability of fuels”. In fact, the first quarter of last year in Ukraine was difficult and it was hard to come by fuel, for example in Kyiv. At the outbreak of the war, more than 60% of Ukrainian diesel fuel was imported from Russia or Belarus. However, these import channels were rapidly replaced. Currently, fuel reaches Ukraine from many directions, such as Poland, Romania and Hungary. Nevertheless, it is Ukraine itself that must ensure that the channels remain available. The main logistic connections in fuel transport are operated by rail, which requires improvement, for instance on the Polish-Ukrainian border. As of now, half of fuel transports are carried out by fuel trucks, which are currently lacking on the market. Thinking about substitutes for grid power, which is non-operational during the war due to damages, the most important thing is to develop logistics of liquid fuel supply.

This situation will only improve following the restoration of infrastructure (if the Russian shelling stops) or with the beginning of warmer months in March 2023 and a reduced demand for power.

The representative of the ORLEN Group also did not want to elaborate due to the ongoing conflict on the company’s current plans for Ukraine. However, Ukraine has always been of interest to Poland’s domestic multi-energy concern, also in terms of acquisitions. As our guests emphasised, all plans would be implementation-ready when the country become stable again – a problem since 2014. It is expected that the challenges related to economic stability in Ukraine will change from month to month, along with the cessation of hostilities. Only then companies will be able to return investment negotiations and to resume their broad involvement activities on the Ukrainian market. The ORLEN Group sees immense potential in Ukraine, if only because of its population size that is comparable to Poland. The Ukrainian side has also asked the Polish market leader to work hand in hand in fuel market development. However, it is currently difficult to discuss restoring fuel production in Ukraine. Any business can see that in the face of active military aggression by Russia, it is difficult to develop an infrastructure that can be destroyed in the blink of an eye.

Polish Power Transmission and Distribution Association Director Wojciech Tabiś highlighted the fact that cooperation in the field of power engineering with the Ukrainian side had taken place for many years. He pointed out that Poland changed its power system in 1995 to a UCTE standardised one, while Ukraine looked into this process for its own needs before the war broke out. The hitherto long-term cooperation between the two parties resulted in the creation of the so-called Khmelnytskyi Island, which operated in Ukraine within the UCTE system. The current cooperation with Ukraine consists of, among other things, analyses of operations on a voltage of 230V. Before the war, activities were carried out over a long period of time aimed at Ukraine joining the standards of the European Union. The war certainly accelerated these changes.

Currently, the Polish side is receiving lists materials required to reconstruct the power grid in Ukraine on an ongoing basis. The power grid is highly fragmented. The cooperation of Polskie Sieci Elektroenergetyczne (Polish Power Grids) with UKRENERGO and DETEK requires coordinated efforts based on an agreement between the ministries of both countries – the Polish Ministry of Climate and Environment and the Ukrainian Ministry of Energy. What constitutes a challenge is the structure of the Ukrainian energy sector, which is technologically different from the Polish energy sector. In Poland, we have other voltage levels than the Ukrainian power industry and we are therefore unable to provide either equipment or spare parts. The Polish side has already transferred almost all the equipment of the Widełka 750 kW substation (autotransformers, circuit breakers, disconnectors), because it could be applied in Ukraine due to the right voltage levels. We do not have, however, the right equipment of grids of 800 kW, 500 kW, 300 kW that are used in Ukraine. They are non-standard power levels. We are unable to assist our neighbours in this case. Wojciech Tabiś stated: “We hit a brick wall, so to speak, which means that in this case we have already used all the reserves that Polish energy companies had at their disposal. By sending those reserves to Ukraine, we are only left with the bare minimum, a necessary level to, among others, undertake current repairs domestically.”

Therefore, there are no more reserves in Poland that the Ukrainian transmission system could make use of. Consequently, it would be appropriate to approach the problem now from a different angle, namely, to begin cooperation in Poland in terms of production of materials and equipment that would meet Ukrainian standards. The Ukrainian side even asked their Polish counterparts to send them broken switches or disconnectors, but the applicable regulations prohibit the imports of such devices to Ukraine, because according to the law they are waste. This requires an urgent liberalisation of Ukrainian import regulations.

In principle, all energy companies in Poland are open to cooperation with Ukraine. This also concerns, perhaps above all, distributed energy. This branch of energy production, based on renewable sources, has already grown in Poland. It is very difficult to import and produce high-power generation sources, and these are long-term processes, requiring time that Ukraine does not have. However, it is easy to install photovoltaic sources, locate low-power transformers, and build such energy facilities from scratch. It also seems natural that the destruction of the Ukrainian energy system should constitute an impulse to rebuild the network in accordance with the UCTE standard enforced in Europe. Primarily where this infrastructure was completely destroyed.

What also characterises the crisis is the fact that certain processes have accelerated and Ukraine may use this opportunity to rebuild its infrastructure basing on European standards.

As far as the transfers of electricity between Poland and Ukraine are concerned, it was possible to separate the already mentioned Khmelnytskyi Island from the Ukrainian energy system, powered by a local nuclear power plant, which produced energy that was later sent to Poland. Operational tests of this system had already been carried out. However, due to the ongoing Russian aggression, there is currently no exchange of energy between the two countries. The idea of supplying energy from Poland to Ukraine is also unfeasible at the moment, as both high-voltage connections are currently non-operational. At the same time, debates and works are underway to create connections at a lower voltage, for which devices transforming the different Polish and Ukrainian voltages would be necessary. In order to implement this, initiative is required on both sides of the border.

Sławomir Gładykowski, Vice-President of the Electric Networks Department at MEGAPOL S.A., predicts that the reconstruction of Ukraine will take place in two stages. First, power must be restored to industrial production. Second, a national post-war concept must be drafted. However, as it is impossible to foresee the end of the conflict, the network should now be rebuilt with cable lines instead of overhead lines. Building power stations underground is also worth considering. This process is more costly, but it provides greater security.

As far as the post-war reconstruction is concerned, it is a matter of legislation, so the legal foundations must first be laid. It is necessary to define priorities that will allow for faster reconstruction in the Ukrainian reality than it would take place in Poland, in our local legal system.

Tomasz Tomasiak, Head of Energy Transition Department at the Polish Development Fund, is also of the opinion that Ukraine will be rebuilt in two stages. The first stage is winning the war, because there can unfortunately be no question of new investments due to the ongoing military operations and the risk of their immediate destruction. At this stage, Ukraine can count on support and financial aid from EU countries. As for the post-war situation, talks are already in place on the reconstruction of Ukraine, both by the EU countries along with the United States and business communities. Ukraine’s potential as a neighbouring country of the EU is noticeable. And the prospect of it becoming a member of the Community in the near future is real. Other countries and the world of business have already realised this truth. After Ukraine wins the war, funding will surely not be an issue. The Polish Development Fund has two types of instruments at its disposal: aimed at supporting and investments (commercial ones). If the PDF received funds to support Ukraine, it would distribute them. The Fund already now possesses funds that can be invested, but it is difficult to make use of them in rebuilding Ukrainian infrastructure while an active armed conflict is still ongoing. This does not mean, however, that these funds cannot be invested in Poland for such purposes as for instance the production of parts or components for Ukraine’s present needs.

Tomasz Tomasiak also addressed the issue of rebuilding the power system. In his opinion, the example of Ukraine shows that distributed, local, cluster systems, or the so-called energy islands, will be a principal element in Ukraine’s power industry of the future. It seems that these systems are the future, they guarantee energy security for local communities, and at the same time unburden the transmission system. The energy from large power plants can be then transferred to production plants.

Certainly, the goal itself is to standardise the Ukrainian power industry in accordance with European standards. In the power industry, the production of certain devices or equipment that are uncommon required sometimes up to 2-3 years. Meanwhile, standard devices can be purchased directly on the market. Moreover, cheaper, used ones are also readily available.

An essential issue from the point of view of power supply is the availability of power sources, that is fuels or renewable energy. At the same time, greater independence, which works well during a conflict, can apparently be achieved from such sources as water, wind or sun, which do not need to be imported. The use of renewable energy is also related to thinking about energy efficiency, and it often turns out that in winter months considerably less energy is needed to heat a house after thermal modernisation.

Europe’s pursuit of electric solutions, for example switching to electric transport or the everyday use of heat pumps, may also be vital in the reconstruction of Ukraine. The Green Hub project implemented by the Polish Development Fund, which aims to implement Poland’s energy transformation, has already been recognised in the European Union, according to the Fund’s representative. Green Hub could function as a role model for Ukrainian energy transformation. The more so that renewable sources will play a rather key role in its future development.

Gennadiy Radchenko, Director of the Ukraine Business Center at the Union of Entrepreneurs and Employers, was asked to summarise the round table discussion. He pointed out that not only Ukrainians suffer from power outages, but so does the industry. However, the industry was able to adapt to the new reality astoundingly quickly. Entrepreneurs do their best to meet their needs by importing large power generators, for which there is currently a huge global demand, disproportionate to the available supply. It is worth mentioning that the production of energy from power generators costs 10 times more than grid energy, which translates into significantly higher production costs. According to Radchenko, considering the current state of affairs in Ukraine, far-reaching international cooperation should be established between industries in Poland and Ukraine. Business ought to be included in creation of solutions needed on the Ukrainian market. A good answer to present challenges would be to establish production facilities for Ukraine in Poland, which would carry out the most necessary orders for reconstruction. It would be beneficial for both countries. It should be noted that after the war, the entire Ukrainian energy system will turn away from Russian solutions and switch to European standards. At the same time, it is necessary to deal with legal solutions and start executing projects that, while they take time, may materialise soon. Therefore, red tape and bureaucratic barriers to post-war reconstruction should be eliminated as early as now. Because it certainly is much easier nowadays to solve engineering problems than bureaucratic ones.

Radchenko also expressed his gratitude for the support that Poland has given to the Ukrainian nation, stating that we are now in the best time for cooperation between the two nations ever in history.

See more: 18.01.2023 Memorandum of the Union of Entrepreneurs and Employers Ukrainian energy infrastructure in the face of Polish-Ukrainian cooperation

Updated Economic Forecast of the Union of Entrepreneurs and Employers (the ZPP) for 2022

Warsaw, 30 December 2022 

 

Updated Economic Forecast of the Union of Entrepreneurs and Employers (the ZPP) for 2022

 

GDP growth

Formerly: 3.7%
Now: 4.5%

Inflation

Formerly: 12.5%
Now: 14.2%

Unemployment

Formerly: 5.1%
Now: 5.3%

Investments

Formerly: 16.2%
Now: 16.5%

Forecasts of international institutions

Recent years have not been conducive to macroeconomic forecasts. Traditional time-series econometrics works well especially in conditions of relative calmness.  Although a properly constructed model is resistant to shocks (those fade over time), geopolitical chaos makes forecasting based on the past complicated. Under such conditions, machine learning models or neural networks can be used.

Regardless of the situation, some institutions are obliged to publish forecasts and models.  This must be done, for example, by the Ministry of Finance in the draft budget law.  For 2022, the Ministry of Finance forecasts real economic growth of 4.6%, a registered unemployment rate of 5.0% (LFS 2.7%), inflation of either 13.5% (CPI) or 13.3% (HICP) and investments of 4.9%. The forecast of the European Commission, available on the website of the Ministry of Finance, assumes real GDP growth of 4%, HICP inflation of 13.3%, unemployment of 2.7%, and an investment rate of 3.7%.

With regard to the GDP growth, the OECD is slightly more optimistic than Eurostat and  forecasts 4.5% for 2022. Inflation is to amount to 14.2%, of which the core inflation (without food and energy components) is to be 8.7%. Unemployment is forecast at 2.9%.  With regard to the forecasts of the World Bank for Poland in 2022, GDP growth of 4% is expected,  gross fixed capital formation (investments) of 4.9%, inflation of 13.2%.

To sum up, the consensus of international institutions for Poland’s GDP growth can be set at 4%, inflation at 13% and unemployment at 3%.  The Ministry of Finance is slightly more optimistic and assumes higher economic growth and single-digit inflation.

Forecast of the ZPP


GDP growth

In 2022, GDP will increase but at a slower pace than expected.  The government faces difficult decisions – inflation is one of the most urgent areas in this regard.  Private investments are determined by the current condition of the global economy, which is recovering after the COVID-19 pandemic.  The choice of location is also influenced by its security, and the outbreak of war in Ukraine has placed Poland dangerously close to the front.

The GDP dynamics observed in the first half of 2022 is encouraging  as, compared to the same period in 2021, GDP increased by  more than 16% in nominal terms. Based on the ZPP forecasts for the second half of 2022, it  will amount to 14.8% year-on-year. This is very close to the forecasts of the Ministry of Finance, which assumes nominal GDP growth of 15.1%.  However, a large part of this increase is due to inflation, which causes a disproportionate increase in nominal GDP.

According to our estimates, real GDP growth will amount to 4.5%.

Year-on-year inflation

In all likelihood, in 2023, inflation will still be high, although it will slow down somewhat due to base effects. The fact that 2023 is an election year  is an issue. This limits the government’s room for manoeuvre.  Normally, an element of the fight against price increases is reduction of social packages.  The government is under strong pressure to maintain spending or even slightly increase it. For the time being, the continuation of payment of additional pension and child benefit has been confirmed.  The VAT reduction on food is also to be maintained but not on fuel.

The year-on-year inflation in 2022, observed so far, was 9.7% in Q1, 13.9% in Q2 and 16.3% in Q3, respectively. For Q4 of this year, the ZPP forecasts a year-on-year inflation of 17%. Therefore, for the whole of 2022, the inflation rate will amount to approximately14.2%,  in our opinion. Further slight increases are expected at the beginning of next year, although the pace of inflation has slowed down significantly.  We will experience a noticeable decrease only in 2024.

Unemployment rate

Traditionally, in a crisis situation, decision-makers choose whether to care more about fighting inflation or about employment. The government clearly appreciates the importance of employment.  Various measures are being designed to maintain or even reduce unemployment.  Ukrainian refugees are also being activated professionally.  Based on the data, a significant proportion of Ukrainian refugees, despite their specific demographic structure, have found work in Poland.  Previously, despite the pandemic, the government managed to maintain employment.

The Statistics Poland data for 2022 is as follows: 5.8% for Q1, 5.2% for Q2 and 5.1% for Q3.  For Q4, the ZPP forecasts an unemployment rate of 5.2%. This means the total unemployment rate of 5.3% in 2022. Moreover, the ZPP predicts that as a result of the slowly improving macroeconomic situation, as well as potential development opportunities resulting from the participation of Polish companies in the reconstruction of Ukraine, unemployment  will slowly decrease in 2023.

Investment rate

It can be said that for years, despite regular critical opinions, stimulating investments has not burdened Polish economic policy as much as, for example, social programmes. Obviously, the introduction of further benefits translated into an increase in consumption, and this, in turn, into an increase in GDP.  However, many experts pointed out that this consumption causes an increase in demand for goods that are easy to produce, which does not translate into an improvement in the competitiveness of the Polish economy. At the same time, the consumption booster works well in conditions of prosperity; however, it is investment spending that allows economic growth to be maintained during a period of slowdown.  Unfortunately, those predictions proved accurate. In 2021, the investment rate in the economy amounted to only approximately 17%.

With regard to 2022 and 2023, much will depend  on whether the government has sufficient resources to attract private investors through public investments.  A strong investment boost will come from increased spending on defence.  The energy sector also needs investments.  Unblocking funds from the National Reconstruction Plan will be important for digitisation and climate projects. In turn, ensuring relative regulatory stability will be of key importance to promoting private investments. Taking the above into account, for 2022, the ZPP forecasts the investment rate of 16.5%.

 

See: 30.12.2022 Updated Economic Forecast of the Union of Entrepreneurs and Employers (the ZPP) for 2022

Commentary of the ZPP: Activation of seniors as an opportunity to fill supply gaps in the labour market

Warsaw, 21 December 2022 

 

Commentary of the ZPP:
Activation of seniors as an opportunity to fill supply gaps in the labour market

 

  • The analysis of demographic trends, conducted based on the Statistics Poland data, indicates that persons at the age of 50 and over will constitute approximately 50% of Polish society in 2050.  This means the necessity of professional activation of that group, with special emphasis on persons of retirement age.
  • In Poland, approximately 90 % of people reaching retirement age decide to leave their jobs.  Experts point out that retirement is too often treated as a compulsion rather than an option.
  • In the coming years, the average age of an employee will increase and so will the average age of a customer.  Activation of seniors in the labour market may be a response to the inevitable change in consumer trends.
  • Shaping the senior policy in relation to the labour market should be preceded by a thorough diagnosis of the needs of the diverse group of people aged 50+.

In Poland, the number of persons receiving a pension is growing. Based on the Statistics Poland data, approximately 5.98 million persons were receiving pension in the period from January to April 2021. After a slight decline in the period from May to August, the number of beneficiaries increased to 5.999 million in September and was growing.  In October 2021, 6.02 million persons were receiving pension, 6.03 million in November and 6.04 million in December of the same year.

Conclusions drawn based on the Statistics Poland data make it necessary to analyse the forecasts related to the number of senior citizens in Poland. Statistical data analysts have calculated that the number of persons aged 60+ is expected to increase to approximately 10.8 million in 2030, reaching 13.7 million in 2050. This means, taking into account other demographic data, that persons aged 50 and over will constitute approximately 50% of the Polish population.  Polish residents at the age of 60 and over will constitute just over 40% of the population in 28 years’ time. This data involves an unprecedented increase in the burden on the pension system and a sharp reduction in the working-age population but not only.  On average, the group of professionally active persons will be much older than today.

The issue needs to be addressed now. In Poland, approximately 90% of persons who reach retirement age resign from work.  This is related to the perception that reaching the retirement age is a sort of compulsion to retire and not one of the possibilities.  Based on the Statistics Poland data, only 39% of persons aged 60-64 and only 6% of persons over 65 will be professionally active in 2020.  Although companies recognise the problem, the percentage of employed senior citizens is still significantly low in Poland, compared to most Western European countries.

The situation is partly made better thanks to the inflow of economic immigrants and refugees – especially from the territory of Ukraine. However, in any case, the scale of that phenomenon must not obscure the consequences of the ageing of the society, which will be of key importance for shaping the labour market in Poland. At the same time, one should not forget that, in addition to a larger number of older employees, there will also be a greater number of older customers in Poland. This correlation may have a positive impact on the already existing trend of employing senior citizens. In Poland, in the first quarter of 2021, the number of working women at the age of 60 and over and men over 65 years old was  687,000. In the second quarter, it was already 721 thousand persons, and  754 thousand persons in the third quarter.  This is a positive trend; however, it does not compensate for the persistently low fertility rate, which will amount to 1.4 children per woman in 2022. The economic indicators, which are worrying the society, will not bring a demographic miracle.

Adapting the labour market to the needs of older workers is becoming a great challenge. Shrinking down of the group of people in the traditionally-understood working age will translate into changes in the employment model in companies in the near future, and increase the number of senior citizens in professions where their representation is currently low. In addition to the increase in the average age of employees, the aforementioned increase in the average age of customers will also be a challenge for the market, which will translate into an evolutionary change in consumer trends.

There is no doubt that employers will have to implement certain methods to activate senior citizens in their enterprises, organizations or institutions.  Actions making the workplace more accessible to persons at the age of 50 or over should be subject to special supervision. The methods of implementing those measures should include special activation programmes, retraining courses (including language courses) and better use of flexible forms of employment.

The analysis of demographic and macroeconomic trends leaves employers no choice.  Already today, companies are forced to implement measures to build an inclusive organisational culture that takes diversity into account, i.e., a diversity and inclusion strategy. 
State structures – both at the central and local government levels – must also become more involved in the process of activating senior citizens in the labour market than they are today. Although initiatives such as “A skilful worker has no age” and other related initiatives are being implemented in the country, their scale and the response of the labour market still remain too small. In the meantime, although many companies still do not want to accept it, Generation X will be retiring in 15 years’ time.

Senior policy strategies must not take on the form of coercion. As practice shows, activation “with the use of force” does not bring the expected results.  The real needs of senior citizens must be taken into account and correlated with the needs of the labour market. It should not be forgotten, and many initiators of programmes addressed to the oldest citizens have fallen into this generalising trap, that the group of senior citizens is diverse in terms of age and territory – the perspective of the residents of large cities is different from that of medium-sized agglomerations and inhabitants of rural areas. It also seems economically justified – within a rational framework – to institutionally support forms of care for the elderly and children to increase the participation in the labour market of people who also have caregiving responsibilities.

Measures to increase the participation of professionally inactive senior citizens in the labour market can reduce the non-wage burden on salaries and increase the profitability of taking up work. The estimated number of persons at the age of 50 and over who could supply the labour market is 2 million. A bold move, albeit politically difficult, would be to raise the retirement age.  Such a decision would certainly increase the efficiency of the pension system, which will face an increased disproportion between the number of professionally inactive seniors and those of working age soon. Based on the Personnel Service report, professional activation of persons aged 50+ and bringing the level of participation of senior citizens in the labour market closer to the level in Western European countries “could, in the long run, bring an increase in GDP of up to USD 66 billion”.

Activating senior citizens in the labour market is not only an opportunity but also an obligation of employers. More effective integration of employees aged 50+ in the labour market is an opportunity to increase the economic and social well-being of Poles – all the more so that their health condition and life expectancy increase year by year.


See:
21.12.2022 Commentary of the Union of Entrepreneurs and Employers: Activation of seniors as an opportunity to fill supply gaps in the labour market

Commentary of the ZPP on draft Regulation of the Council of  the European Commission on the development of renewable energy as a key form of achieving energy independence of Europe

                                                                                                              Warsaw, 20 December 2022

 

Commentary of the ZPP on draft Regulation of the Council of  the European Commission on the development of renewable energy as a key form of achieving energy independence of Europe

 

The Council of the European Commission is proposing another instrument to speed up investment in RES (Renewable Energy Sources) – the Regulation of the Council of  the European Commission on the development of renewable energy as a key form of achieving energy independence of Europe;

Shortening the investment process in carbon-free energy sources is, in the opinion of Brussels, the basis for achieving independence from fuel from Russia;

The proposals of the Council could trigger a thaw for government-frozen solutions in the field of modern renewable energy;

Brussels does not look at the legal blockages in the area of renewable energy and speeds up the introduction of solutions for wind farms, district heating and even biomass and biomethane, one by one.

When reading the draft Regulation of the Council of the European Commission establishing a framework to accelerate the introduction of renewable energy solutions, it should be noted that most of the regulatory dispositions of the Regulation are in line with the expectations of the green energy sector in our country.

On many occasions, as the ZPP (the Union of Entrepreneurs and Employers), supported by the RES industry in Poland, we have drawn attention to the need to facilitate investment in that sector, which could primarily include post-mining and industrial areas. It seems reasonable to introduce regulations obliging administrative bodies, entities that deal with energy transmission and distribution, to determine appropriate areas for RES installations, where significantly simplified administrative procedures would be introduced to allow investors to quickly implement projects (e.g. road lanes along motorways, former landfill sites, large surface car parks) both for environmental (negligible, minimal impact on the environment), social (lack of conflicts and acceptance of residents) and technical (grid connection conditions) reasons. In this way, the installation of renewable energy generation infrastructure would be facilitated as administrative bodies, local authorities and grid companies would have to verify the compliance of such installations with local environmental and technical requirements. The issue of selecting areas for faster RES investments is proposed in the from of yesterday’s amendment to REpowerEU approved by the European Parliament – discussed at the end of the text.

With regard to photovoltaic investments, the Commission suggests reducing the time limit for issuing a building permit to one month, which seems a bit too short in our national circumstances.

The Regulation demonstrates the determination of the European Union countries to develop renewable energy sources and there is no doubt that the war in Ukraine will speed up decarbonisation processes in Europe.

The future economic image of Europe will be shaped based on green energy. This should be a supra-political guideline for the decision-makers in our country, which does not mean us giving up defending our energy interests, even those based on fossil fuels for a long time to come.

An example of reconciling energy interests is the assumptions of the programme “Bloki 200+”, as part of which the development of renewable energy is based on stabilising our own coal sources. Such a policy is certainly in line with the Regulation of the Council and it just needs to be properly presented and justified.

The fact of diversity of energy and heating situation in Poland must be understood in Europe, especially considering the new geopolitical conditions we find ourselves in after Russia’s aggression against Ukraine.

It should be noted that the draft Regulation does not refer to combined heat and power plants but only to the expansion of renewable energy power plants. Given the challenges of the heating sector, in terms of the need for its transformation, which is linked to, among other things, the proposals of the ”Fit for 55 package”, we believe that it would make sense to introduce a principle based on which the construction of RES installations in existing district heating systems could also benefit from accelerated procedures. This could be expressed as follows: The authorisation process for the expansion of district heating systems to include renewable energy projects and authorisations related to upgrading the assets necessary for their connection to the grid, should not exceed six months, including environmental impact assessment, if required by the relevant legislation. To be consistent, in the draft Art. 2 sec. 2, after the word “power plant” the expression “or combined heat and power plant” should be added, and in Art. 4, after each word “power plant” the expression “or combined heat and power plant” should be added.

We need to be aware that, in the future, it will be renewable energy sources that will be the basis of the European energy market and that Poland, with its huge burden of the energy sector with coal sources, must remodel its energy market to a much greater extent than other EU countries.

Observing the costs of generating energy from renewable sources today, it is already possible to predict the costs of energy and heat on European markets once energy independence is achieved. Poland cannot remain outside that market as high-cost sources and a loss of competitiveness would threaten our entire economy.

The Council formulates the need for immediate action and this requires more details  as some of them will require statutory changes. Although the Council indicates that this is an internal regulation with the possibility of extension, it can be considered that it will be in place for a very long time and is likely to take a permanent form.

The Regulation draws attention to further works on the rules for direct contracting, the so-called CPPAs (Corporate Power Purchase Agreement), which is an extremely important form of the bottom-up shaping of energy market. This is closely linked to the development of distributed energy. Further on, the Regulation draws attention to the need to disperse energy and heat generation sources. So far, the Polish energy sector has been moving towards centralisation, i.e., in the opposite direction.

The document emphasises the need to reduce procedures for those sources that have particularly high generation potential and investment in which will bring rapid results for the system. This concerns onshore wind farms and large-scale photovoltaics. Meanwhile, the 10H rule blocking the development of that form of energy generation is still in force and the investment in photovoltaics is currently not particularly supported in our country. The sdherence of a Polish legislator to the assumptions of the proposed Regulation would increase the potential of onshore wind farms by at least 10 gigawatts of installed capacity, and perhaps as much as 20 gigawatts of installed green energy in solar sources, which could translate into the production of 40 terawatt hours of green energy per year in 2030. The acts allowing that level of green investment are being prepared. Today, their adoption depends solely on the political will of decision-makers.

The Council encourages joint action and cooperation within the framework of the Single Market Enforcement Taskforce (SMET ), which seems particularly relevant for our energy sector as we could assimilate some best practices and also, through such cooperation, we could participate in shaping the future energy market in Europe.

According to the proposal, the Regulation would have direct and immediate application, which is expected to lead to a swift, uniform and EU-wide approach to the various legislative procedures in the green energy investment sector. The Commission plans to consult stakeholders to ensure that the Regulation is implemented as effectively as possible.

The strategic objective of the Regulation is to reduce energy demand and replace natural gas, oil and coal supplies with renewable energy – within a foreseeable time horizon.

The Regulation of the Council also draws attention to connection problems and suggests connection facilitation for renewable sources, which, in turn, fits in with the Direct Lines Act currently being developed.

The expansion and modernisation of existing power plants, in the opinion of the Council, is an extremely important part of increasing the generation potential of renewable energy sources. Maintaining or increasing the capacity of wind farms based on fewer, but more efficient, wind turbines should be an administratively straightforward task that would require no special paperwork.

This fits in with the law on the joint use of connection infrastructure by renewable sources (cable pooling) which the Ministry of Climate and Environment is currently preparing.

The Regulation pays particular attention to heat pumps as an extremely important solution for the future of modern district heating. District heating accounts for half of energy consumption in the EU countries. Heat pumps may also be of particular importance in Poland, especially in rural areas and small towns. Perhaps this is a solution for the country’s district heating systems, where heat pumps could be combines with a gas source – measurably reducing gas consumption.

The reality of ground pumps with a vertical collector and water pumps currently looks as follows: building permit is required to install a heat pump if the works are to be carried out in a building listed in the register of historic buildings. If the building itself is not listed in the register but the area is – an application must be submitted. Both of the above applications must be supplemented with a consent of the conservation officer. A building permit may also be required for the construction of a facility in ‘’Natura 2000’’ area. Additionally, ground and water pumps require geological works. For that purpose, a project of geological works needs to be created, which needs to be presented to the district governor. Water heat pumps also require a water permit if groundwater extraction of more than 5 m³ per day is planned or extraction from a water intake of more than 30 m depth is necessary. All of the above-mentioned permits are issued by the district governor, and the same applies to the applications – they must also be submitted to the district governor. However, it is a different unit in the district governor’s office each time. Furthermore, pursuant to Art. 29, sec. 4, pt. 3 c of the Act of 7 July 1994 Construction Law (consolidated text Dz.U. /Journal of Laws/ of 2021, item 2351), the installation of heat pumps with an installed electrical power of no more than 50 kW does not require a building permit or application.

The introduction of the proposed rule that the authorisation process for the installation of heat pumps should not exceed three months will help to unify the regulations in force in Poland.

The principle of energy solidarity, which is a general principle of the European Union invoked in the Regulation, may be of particular significance for Polish industry as it will make it possible to purchase green energy until the time the domestic sources will meet the needs of domestic factories. Although the Regulation only refers to new authorisation procedures, in our Polish circumstances it should be extended to include already initiated procedures for obtaining building permits and connection conditions.

Despite so many positive stimuli in the Regulation, the reality of the Polish energy market shows that the amendment of Directive (EU) 2018/2001 to increase the EU target for 2030 to 45%, compared to 40% in the previous proposal of 14 July 2021, is unlikely to be achievable in our country.

An EU-level approach is needed to create the right incentives for the Member States with different levels of ambition to accelerate, in a coordinated manner, the energy transition from a traditional fossil-fuel-based energy system to a more integrated and energy-efficient one based on renewable energy, which is rightly indicated in the Regulation with the statement “a higher level of funding should be introduced for investments in renewable energy sources for companies and individual citizens”.

What the Regulation does not contain, and should, is considering the specificity of the Polish market.

To simplify the licensing and operation of renewable energy power plants, they should be within the competence of a special administrative unit at a voivodeship level.

The authorisation process for the installation of solar energy equipment and associated storage and grid connection facilities in existing or future constructions created for purposes other than solar energy production should be handled by the aforementioned special administrative unit.

The process of issuing permits for the construction of large PV farms should also be shortened (DSO grid connection conditions).

To achieve a rapid transition and to use renewable sources in Poland, the modernisation and construction of new grid infrastructure should be a priority – the grid is currently outdated and it is not possible to distribute renewable energy.

A system of gratification should be introduced for investors in the field of RES installations: PV installations, heat pumps, windmills, geothermal, biogas plants, hydrogen, etc. – introducing incentives to encourage entrepreneurs to invest in RES.

It should be possible for electricity or heat producers to demonstrate/report the percentage of RES (company- and country-specific) in the energy production process in return for appropriate incentives/allowance to reduce the financial burden on energy producers to invest towards climate neutrality.

Taking into account the direct cooperation of parties in the field of RES investments, rules of cooperation between the state, the energy generation company and a private person should be introduced: provision of property by a private person for a renewable energy investment to an energy generation company in exchange for discounts in the form of a lower price for electricity or a percentage share of the generated energy. The terms of cooperation could apply to individual persons as well as to a group of residents in a local community where the RES investment would be carried out. This would speed up the implementation of the tasks without having to go through the process of acquiring land for renewable energy investments.

We would like to request the deletion of the provision in Art. 4, sec. 2, ”unless there are justified safety concerns or there is a technical incompatibility of system components”. This provision leaves a lot of room for interpretation and may constitute a false argument based on which administrative authorities may refuse to grant permission for the expansion of RES power plants.

Last minute information

In the opinion of the ZPP, the proposal of the Regulation is a clear signal of the direction in which the European energy industry will go and that the decarbonisation process is irrevocable.

The issue of accelerating investment in RES is wildly topical. On 14 December, the European Parliament voted in favour of amendments in the REPowerEU document to speed up the licensing of renewable energy sources. An essential element of the document, which is part of the REPowerEU strategy, concerns the creation of “renewables acceleration areas”.

The purpose of the proposed law is to speed up the procedure of granting permits for new RES power plants, thereby increasing the domestic production capacity of the EU. The EU Member States still need to approve the text before it comes into force. The EU countries are currently examining the proposal of the Commission and are expected to take a position next Monday paving the way for talks with the Parliament with a view to finalise the bill after the new year.

The amended text proposes shorter deadlines for the approval of new installations – up to a maximum of nine months for the so-called “renewables acceleration areas”, which will be defined individually by each EU country depending on local circumstances. Under the principle of “tacit consent”, an application will be considered approved if the competent authority does not respond within the set deadline. Outside those areas, the acceleration process should not last longer than 18 months.

Under the proposal, renewable energy projects will be considered as projects of
“overriding public interest” and may therefore benefit from simplified procedures and specific derogations from EU environmental legislation.

Furthermore, the EU countries will have to ensure that permits for the installation of photovoltaic devices on buildings will be issued within one month, and a notification procedure will be sufficient for smaller installations, below 50 kilowatts.

While biomass incinerators were not part of the original proposal, a last-minute amendment by the EPP group gives the possibility for the EU Member States to include them in the fast-track permitting system.

“Renewables acceleration areas should be created at least for wind turbines and photovoltaics and could be created for biomethane plants”, reads the final text voted on by the MEPs. And while biomass plants are generally “excluded from renewables acceleration areas”, an exception could be made “for installations located in outermost regions”, it is added in the text.

According to the approved proposal, no revewables acceleration areas can be designated in nature conservation areas or bird and marine mammal migration routes – with the exception of artificial and built-up areas such as rooftops, car parks or transport infrastructure.

However, environmental groups have expressed concern that projects in “focal areas” will be exempted from environmental impact assessments (EIAs), such as those required under the Birds and Habitats Directives.

The Union of Entrepreneurs and Employers follows with interest the process of establishing the EU consensus in the area of accelerating investments in renewable energy sources and declares its readiness to issue an opinion on draft Polish laws arising as a consequence of that process.

See: 20.12.2022 Commentary of the ZPP on draft Regulation of the Council of the European Commission on the development of renewable energy as a key form of achieving energy independence of Europe

Report Conference – Summary of the Rebuild Together Programme

Warsaw, 13 December 2022

 

Report Conference – Summary of the Rebuild Together Programme

 

On 13 December, a conference summarising the project of the ZPP (the Union of Entrepreneurs and Employers), “Europe – Poland – Ukraine. Rebuild Together” took place. This was another initiative of the ZPP, following the social campaign “We help Ukraine”, the purpose of which was to create and strengthen the relationship between European, Polish and Ukrainian business communities and to prepare a framework for cooperation in the future reconstruction of the Ukrainian state and economy.

As Marcin Nowacki, the Vice President of the Union of Entrepreneurs and Employers, pointed out: “The essence of the project is to support Ukrainian business in the process of entering the Polish market and cooperating with Polish companies. Based on this, we want to establish an agreement, so that the Polish business will play a major role in the reconstruction of Ukraine in the future”.

The first stage of the project was the organisation of a series of meetings – five meetings in a form of round table talks – the goal of which was to establish a dialogue, discuss expectations and priorities related to the reconstruction of Ukraine and to identify industries and companies ready to cooperate to strengthen the Ukrainian economy. As part of that initiative, face-to-face meetings were held with Polish and Ukrainian representatives of industries crucial to the maintenance and reconstruction of the Ukrainian economy. Additionally, two main events were organised within the scope of the Rebuild Together programme – in Warsaw, on 6 October, and in Kyiv, on 28 November.

The reconstruction of Ukraine will be a multinational action of the EU, G7 countries. Nonetheless, the  funds for the reconstruction of Ukraine from individual countries will be allocated based on the preferences of business – noticed the Vice President of the ZPP.

The Vice President of the ZPP was supported by other participants of the conference. As Bartosz Marczuk stated, “The reconstruction of Ukraine is an opportunity for cooperation and building our position in the long term perspective – the fact that we are talking about that now is of great importance, as the process of rebuilding Ukraine has already begun.

There should be as many micro-level relationships as possible. It is necessary to network and use the capital of Polish business”-  emphasised the Vice President of the Management Board of the Polish Development Fund.

Energy security will undoubtedly play a key role in the reconstruction of Ukraine and its economic activity. Mateusz Domian spoke in that context.

The lack of electricity affects all industries, the whole business” –  said the acting Director of the Representative Office of PKN ORLEN in Ukraine, “The lack of electricity can be compensated with the use of other raw materials, especially diesel oil; however, the situation in Ukraine is also difficult in that respect. It is extremely important for Ukraine to maintain, after the war, its independence from Russia and Belarus in terms of raw materials and continue its cooperation with Poland and the European Union in that respect.

With regard to the opportunities and possibilities for the development of Polish business in the present situation, the last speaker at the conference agreed with the previous speech makers saying: “Geographically, Poland is in a privileged position when it comes to the possibility of expanding economic activity in the process of rebuilding Ukraine and cooperation with Ukrainian business. Polish logistics is definitely attractive for Ukrainian companies”.

All conference participants emphasised the need for further action in terms of implementation of the objective of the programme ,,Europe – Poland – Ukraine. Rebuild Together”. The Vice President of the ZPP stated that the activities to establish and strengthen the relations between the European, Polish and Ukrainian business communities have only just started and added that the ZPP wanted to continue to take an active part in them.

The summary of all the activities under the “Rebuild Together” project, which has been implemented for more than six months, is the report which contains the conclusions and a description of individual actions undertaken as the result of the meetings of the representatives of economic sectors in the form of round table talks and conferences.

 

See: 13.12.2022 Report: Summary of the project “Poland-Europe-Ukraine. Rebuild Together”

Commentary by the Union of Entrepreneurs and Employers: economic regulations should come into force once a year, after at least 12 months – a recipe for regulatory instability

Warsaw, 24 November 2022 

 

Commentary by the Union of Entrepreneurs and Employers: economic regulations should come into force once a year, after at least 12 months – a recipe for regulatory instability

 

  • According to a Grant Thornton study, in the period from January to September 2022, the average vacatio legis period for laws and regulations governing business in Poland was 31.9 and 6.9 days respectively.
  • Year on year, the tendency to reduce the length of the vacatio legis period increases, forcing businesses to implement new regulations immediately, which becomes particularly difficult with the start of each new calendar year, when the accumulation of the introduction of new regulations is observed.
  • Too short vacatio legis period is a real barrier to the development of Polish business, with particular emphasis on micro, small and medium-sized enterprises, which account for 99.8 per cent of businesses in Poland.
  • For years, the Union of Entrepreneurs and Employers has been calling for the introduction of a principle whereby all economic regulations come into force only on 1 January of a given year and are preceded by at least 12 months of vacatio legis.


The stability and predictability of the legal and regulatory environment is one of the basic elements necessary for the continuous development of domestic enterprises. Meanwhile, the law in Poland changes too often and entrepreneurs have far too little time to adapt to new regulations. Companies’ confidence in the state therefore remains limited, and this translates into a decline in investment potential.

The Union of Entrepreneurs and Employers has long taken the view that all new economic regulations should come into force simultaneously on the first day of January with a 12-month vacatio legis. This will give businesses a year to adapt to the changes in the law and reduce the amount of time needed to implement new procedures and requirements. This bold move would definitely change entrepreneurs’ perception of Poland as – in many cases – a business-hostile environment in terms of the quality and pace of legislative change. Such a pro-business refocusing would also help officials, who, with more time to refine documents, could improve the quality of legal acts, which today are often drafted in haste and enacted in the same way – many times with numerous errors.

As calculated by Grant Thornton analysts in the study Zwolnij, szkoda firm! Vacatio legis w polskim prawie gospodarczym as recently as 2011, the average vacatio legis of legal acts regulating the rules of conducting business activity in Poland was 53.2 days for acts and 19.8 days for regulations. At the time – from today’s perspective – it was a relatively comfortable situation. In 2022, in the period from January to September, as the referenced report reads, this time has decreased to 31.9 days for acts and 6.9 days for regulations. At a time of rising business costs, these figures cannot instil optimism – especially when one considers the continuing trend of reducing “response times” to new legislation.

Data provided by Grant Thornton also shows that as many as 44 of the 78 laws that came into force in 2021 had a vacatio legis of between 0 and 14 days. Similarly, as many as 178 of the 355 regulations that came into force in 2021 were implemented “on the fly”. Of the 78 laws that came into force last year, only 4 were subject to a minimum six-month vacatio legis. Similarly, only 4 out of 355 regulations received a vacatio legis of minimum three months. Statistics show the abuse of Art. 4 of the Act on promulgation of normative acts and certain other legal acts, and the use of provisions on “important state interest requiring immediate entry into force of a normative act”.

The tendency to abruptly shorten the vacatio legis in the context of laws entering into force with the arrival of the new year is also worrying. Here, the average vacatio legis for laws is 25.8 days, and for regulations 5.9 days. This only demonstrates an unnecessary haste in the creation and implementation of laws, which entrepreneurs often cannot keep up with. However, once they manage to implement the new regulations in their business, it often turns out that – while the vacatio legis is still in effect or immediately afterwards – numerous amendments are introduced, destroying the new order that has just been established.

Meanwhile, while in 2021 the average vacatio legis of the Polish law was 33 days, in the Czech Republic it was 98.7 days, and while in the same year the average vacatio legis for regulations was 7.2 days, in Sweden it was 76.6 days. Both countries compared with Poland are members of the European Union, so they are bound by similar procedures to our country. 

The problem is relevant for all businesses operating under Polish law, but it is most acutely felt by representatives of the SME sector, which often does not have specialised units responsible for thorough analysis of legislative acts. It is worth mentioning that SMEs account for as much as 99.8 per cent of domestic enterprises, while employing 67.4 per cent of those working in the business sector. Therefore, the “problematic” vacatio legis particularly affects companies generating every second zloty (49.6% of GDP according to PARP data), which are the flywheel of the Polish economy.

It should be remembered that the creation of a business-friendly legal and regulatory environment should be one of the main objectives pursued by the state. This is particularly important at a time of economic turbulence and general uncertainty about the development of the macroeconomic situation. Today, however, the legislative environment forces companies to adapt immediately to new regulations, which is time-consuming and costly – often companies in the SME sector have to use the services of specialised external entities in order to implement new regulations immediately. The lack of order in the issue of vacatio legis – bearing in mind also the tendency to reduce it every year – already makes companies take a close look at the issue of planning investments in Poland, which should be treated as a priority in the current economic situation. The uncertain legislative environment disturbs continuous economic development.

For years, the Union of Entrepreneurs and Employers has been calling for the introduction of a principle whereby all economic regulations come into force only on 1 January of a given year and are preceded by at least 12 months of vacatio legis. We believe that this solution would be a good answer to the problem of an increasingly unstable regulatory environment for companies.

Opinion of the Chief Energy Expert of ZPP: Worrying conclusions from the Conference of the Parties on the future of Polish renewable energy industry

Warsaw, 6 December 2022 

 

Opinion of the Chief Energy Expert of ZPP: Worrying conclusions from the Conference of the Parties on the future of Polish renewable energy industry

 

At the end of November, the Ministry of Climate organised an event, the Conference of the Parties to the Sectoral Agreements, with the aim of summarising the progress of work in the area of RES development in Poland. The Ministry signed four sectoral agreements on the promotion of investments in renewable energy sources in 2021 and 2022:

  • Sectoral Agreement for the Development of Offshore Wind Energy,
  • Sectoral Agreement for the Development of the Photovoltaic Sector,
  • Sectoral Agreement for the Development of the Biogas and Biomethane Sector,
  • Sectoral Agreement for the Development of the Hydrogen Economy.

The aim of the sectoral agreements is to remove barriers to the development of this energy sector, and to promote investment in this area.

Sectoral agreements were signed by both leading Polish companies in the renewable energy sector and representatives of the Ministry, local authorities and the main renewable energy industry associations.

The absence of the onshore wind sector seems to somewhat distort the view of renewables as a whole and is due to the protracted process of passing an amendment to the law blocking the development of this type of investment.

It is not a particularly revelatory observation that increasing regulatory pressure from the EU is forcing Poland to take urgent action to decarbonise its industry. Energy prices have risen significantly. Polish companies must keep up with the changes, otherwise they will go under. Meanwhile, the key to saving money and making businesses low-carbon has been sitting in the parliamentary freezer for five months, and there are still no new windturbines.

I have been following the recent dynamic changes in the Polish energy market with concern, and it is not conducive to the growth and security of Polish entrepreneurs today. One of the key challenges for companies today is the availability and price of electricity, which has increased by almost 500% for some businesses in just two years. The energy price freeze planned for next year is only a temporary measure that does not solve the problem, but rather suspends it for a few months, and only for some entities.

In the current energy crisis, Polish companies, especially industrial ones, need cheap green electricity to meet the ambitious requirements imposed by EU directives. Onshore wind power, which has been the cheapest source of power generation for years, is crucial for saving money and achieving low carbon emissions. It is high time to combat all barriers to wind technology, but first the so-called distance law, which has been crippling the industry for years, should be liberalised.

The interests of enterprises, including those that are more or less energy-intensive, are increasingly under threat. Electricity prices strongly affect the economics of companies, including large enterprises, often ruining the monthly budget. The government’s efforts to freeze prices would not have been needed if solutions had been implemented in time to directly inhibit the cause of the electricity price increase. Allowing new wind power plants to be built in Poland will mean that in 2-3 years’ time, when more wind power will be in the system – we will have significantly reduced the risk of large price fluctuations.

The energy crisis calls for new wind power investments that will give us energy sovereignty. The fact that wind is the cheapest source of electricity is confirmed by energy auctions and, in addition, it permanently lowers the final bill for the consumer by affecting the result of the merit order based mainly on coal in Poland.

The transition of companies to green energy is also one of the main business trends at the moment. It is driven by the desire to reduce the cost of energy consumed, but also by growing expectations from customers and business partners who expect supply chains with a minimal carbon footprint. Corporations in the transition to green energy are often driven by ambitious targets in their strategies or even pressure from competitors. The surge in corporate interest in green, clean energy in recent years has become widespread across Europe.

Building a stable legislative and regulatory environment is crucial from the perspective of any industry when making investment decisions.

The aim of the aforementioned Conference of the Parties was to illustrate the development potential of renewable energy sources against the background of legislative needs, as well as to show the potential of Polish industry in building a new energy system in Poland.

As Chief Energy Technology Specialist at the Union of Entrepreneurs and Employers, but also because of my other functions, I had the opportunity to lead a panel discussion: Prospects for the development of photovoltaics in Poland – Opportunities and threats. I addressed one of the threads that is an essential piece of the wider puzzle.

The conference was divided into two parts. The first one discussed the prospects for the development of renewable energy sources in Poland against the background of the country’s security, in the context of Poland’s changing geopolitical situation.  

The second part of the Conference was devoted to the thematic panels of the Sectoral Agreements, where the challenges associated with each type of renewable source were discussed.

The conference was attended by the Minister of Climate, Ms Anna Moskwa, the Minister of Economic Development and Technology, Mr Waldemar Buda, the Secretary of State, Mr Ireneusz Zyska and the Head of the Energy Supply Unit from the International Energy Agency, Mr Christophe McGlade.

The first part of the conference, with a panel on the country’s energy security issues, showed how complicated the whole Polish economy was as a result of the military threat from Russia. I don’t think anyone doubted that the new geopolitical situation is permanent and that energy security is highly vulnerable to hostile acts, as shown by Russia’s actions in Ukraine.

Distributed power generation therefore takes on a different meaning than we have so far expected. In addition to its role in modernisation, and economic or social importance, it can be a key element of the country’s security. Renewable energy is the primary mechanism for building a distributed energy system in any country.

It was clear from the statement of the President of the Energy Regulatory Office, Mr Rafał Gawin, that the way the entire Polish transmission and distribution system functions needs to change. Also the President of the Management Board of the Polish Power Transmission and Distribution Association (PTPiREE), Mr Robert Zasina, emphasised the role of DSOs in the future as a key player in the energy market. The Union of Entrepreneurs and Employers has long raised the issue of the commercialisation of low and medium voltage lines and it is a pity that this idea has not been discussed in more depth. The forthcoming law on direct lines fits perfectly into this theme, although the project has encountered a competence dispute between ministries and it is as yet unclear which ministry will continue to work on this regulation.

Mr Józef Węgrecki, Member of the PKN Orlen’s Management Board, pointed out how important a role investments related to distributed energy, hydrogen policy and renewable energy sources play in the company’s policy. Minister Ireneusz Zyska assured the full support of the Ministry of Climate for all measures to increase the level of investment in the green energy sector.  

Together, we must do everything possible to create a national supply chain for the industries involved in new energy investments. The administrative regulations currently in place, which block the development of investments in distributed energy, are becoming an extremely serious barrier to development.

Today, the liberalisation of administrative barriers is becoming a major focus for ministries connected to the energy market, as well as the creation of a friendly investment environment for investments in renewable energy sources. Blocking the development of onshore wind energy sector certainly does not help to create such an environment.

The panel I moderated, dedicated to photovoltaic sources, illustrated what development potential this source of green energy has. The current slowdown in investment in this sector, too, is solely due to legislative delays. A representative of Bank Ochrony Środowiska (“Bank for Environmental Protection”), Ms Anna Żyła, emphasised that banks are fully prepared to finance investments in photovoltaics.

The conference was a summary of the activities of the various parties to the sectoral agreements to date, with the exception of the hydrogen agreement whose representatives did not attend. While the attempt to take a holistic view of the future shape of Poland’s energy sector is to be welcomed, the Conference focused on the country’s rather distant energy future.

Meanwhile, the immediate problems of our energy and heating industry are already starting to be clearly felt by both the Polish economy and society. And these are both supply and cost problems. They are connected with the prices of energy sources and the scarcity of both renewable and conventional energy.

The Union of Entrepreneurs and Employers sees the need for ad hoc measures to optimise the effects of crisis phenomena in the Polish energy sector and the Polish heating sector by 2030. Only then will we be able to plan for the optimum development of individual distributed energy sectors.

Such measures, according to the Union of Entrepreneurs and Employers, can include:

  • Liberalisation of the law blocking onshore wind energy sector development
  • Legislative support for direct lines
  • Continuation of the Bloki 200+ (“200+ Blocks”) programme, in its justified part
  • Passing a law to facilitate green investment on brownfield sites.

As representatives of employers and entrepreneurs from most economic sectors, we would like to call for a significant acceleration of legislative procedures concerning basic laws and regulations enabling investment decisions to be taken quickly in the Polish energy sector to stabilise energy prices and supply in the coming years.

The future of the entire Polish economy may depend on the pace of these investments.

This is particularly important in the area of local distributed energy, where it should be made easier for companies to invest in their own generation sources as well as in local transmission networks.

 

Włodzimierz Ehrenhalt,
Chief Energy Expert of ZPP

 

See: 06.12.2022 Opinion of the Chief Energy Expert of ZPP: Worrying conclusions from the Conference of the Parties on the future of Polish renewable energy industry

How to support SMEs in the public procurement market? Let us not waste this opportunity!

Warsaw, 30 November 2022 

 

How to support SMEs in the public procurement market? Let us not waste this opportunity!

 

  • The domestic public procurement market is characterised by insufficient competitiveness. It is therefore desirable – in terms of the economic conditions – to increase the participation of the SME sector in the use of public procurement. Currently, the participation of SMEs as public procurement contractors is disproportionately low in relation to their role in the domestic economy.
  • There are a number of legal instruments potentially supporting the SME sector in the public procurement market. The most important of these include the possibility of submitting partial tender offers (division of a contract into lots); refraining from the formulation of conditions for participation in the procedure; non-application of optional grounds for exclusion where it is not necessary; flexible application of tender evaluation criteria; appropriate descriptions of the subject matter of the contract; the possibility to waive the requirement for a bid deposit or to set its amount at a reasonable level; creating contractor-friendly contract templates; the possibility for consortia to submit tenders; no artificial aggregation of contracts; application of Art. 30 sec. 4 of the Public Procurement Law; not reserving the obligation of personal performance of a part of the contract; answering all questions regarding the Terms of Reference; extending deadlines for the submission of tenders; using, where possible, cost estimate-based remuneration or not requiring the submission of documents where contractors’ statements are sufficient. The implementation of at least some of these opportunities could reduce the current disparities with regard to the potential of the SME sector and its participation in the public procurement market.
  • Contracting authorities in the public procurement system should use the concept of local content, the essence of which is supporting SMEs (both on a national and regional level). In order to create the right conditions for their increased participation in the system, it is necessary to raise awareness of the existence of the instruments provided for in the Public Procurement Law to facilitate the participation of SMEs in tender procedures.
  • It is possible and desirable for contracting authorities to apply the concept of local content to the public procurement system when it is not the primary and only objective, but a secondary objective that takes into account the specific characteristics of SMEs, such as the pursuit of environmental, innovative or social goals. The concept of local content is part of the evolutionary changes taking place in the public procurement system.
  • The National Procurement Policy makes it possible to put the principle of local content into practice, as it is itself a source of secondary objectives aiming to increase the level of innovation in the national economy in line with the development of solutions of an environmental, social and health-related nature.
  • The concept of local content can be applied to both domestic and EU proceedings. It should then be borne in mind that national contracting authorities must take into account the context of strategic objectives from a state perspective. Since supporting local SMEs is possible at EU level, it is therefore desirable for the domestic public procurement system – provided, however, that the process is carried out in compliance with the principles of EU public procurement law.
  • The Public Procurement Law provides contracting authorities – particularly local authorities – with a number of instruments to put the concept of local content into practice. The crucial point in this respect remains the demonstration of significant correlations between the application of the chosen solution and the actual, objective needs and the goal the contracting authority wishes to achieve.

The role of SMEs in the national economy in the face of challenges in the public procurement system – untapped potential

According to European Union figures from 2020, public procurement accounts for around 19 per cent of the Community’s GDP, which translates into an annual figure of around EUR 2.3 trillion. In Poland, their share of GDP is lower, at approximately 10 per cent, which nevertheless accounts for up to PLN 200 billion per year.

Considering the scale of the functioning of the public procurement sector and its contribution to building key economic indicators, attention should be drawn to the insufficient share of micro, small and medium-sized enterprises in the percentage of bids submitted in tenders both below and above the EU thresholds. The figures for contracts awarded also look unfavourable for SMEs.

Meanwhile, according to data from Statistics Poland in 2020, of Poland’s 2.3 million non-financial enterprises, 99.8 per cent were in the SME sector. 97 per cent of the pool of said 2.3 million companies are micro-enterprises with up to nine employees – only 3.7 thousand are entities with more than 250 employees. The trend continues – between 2014 and 2020, the number of micro-enterprises in Poland increased by more than half a million according to Statistics Poland. At the same time, the number of small, medium and large companies decreased by more than 10,000. At the same time, it is the SME sector that has been hit the hardest – due to insufficient financial reserves – by the COVID-19 pandemic, causing the need for support for the sector.

Despite such a significant share of SMEs in the total number of enterprises in Poland, the share of bids submitted by them in public procurement below the EU thresholds in 2020 in Poland was 82 per cent[1]. This is a slightly higher figure than in previous years (82 per cent in 2019, 79 per cent in 2018, 80 per cent in 2017). In 2020, construction contracts were the most sought after by the SME sector (88 per cent). In the case of bids for services and supplies, the SME participation rate was 79 per cent. The most favourable bids from the SME sector were found in 81 per cent of tenders below the EU thresholds in 2020, accounting for 85 per cent of the value of total contracts. 

The situation looks less favourable when contracts with a value above the EU thresholds are taken into account. This is where the percentage of bids submitted by SMEs amounted to just over 65 per cent of the total, with 60-62 per cent being considered the most favourable, which translated into 48 per cent of the total value of the contracts (approximately PLN 69.2 billion). The participation of SMEs as public procurement contractors is disproportionate in relation to their role in the domestic economy.

Increasing the competitiveness of the public procurement market

The Polish public procurement market is characterised by relatively low competitiveness, which is directly attributable to too few bids submitted in public procurement procedures. According to the Public Procurement Office in its Report on the Study on Low Competitiveness in Public Procurement in 2020, an average of just 2.786 bids were submitted for contracts below the EU thresholds.

The above figure represents a low percentage of companies that choose to take part in the procurement process and translates into a limitation of the possibility for the contracting authority to achieve the expected maximum efficiency in meeting the identified need. This situation also contributes to the public procurement market being dominated by the largest companies accounting for only 0.2 per cent of the Polish business market.

The reasons for the reluctance to bid for public procurement contracts can primarily be found in the limited knowledge of the instruments that the Public Procurement Law offers to the SME sector, the excessive complexity of the public procurement market and – as emphasised by entrepreneurs themselves – the hostility of the system towards small and medium-sized companies, resulting in the fear of violating public finance discipline.

There is therefore a pressing need to increase the participation of representatives of the SME sector in the public procurement market, all the more so as, given its size, any disruption to it could translate into a significant slowdown in economic growth. An additional advantage of SMEs is the opportunity to meet the needs of increasing the use of innovative solutions offered by the sector.

Meanwhile, local authorities – which are also the most important purchasers of services, supplies and construction work provided by contractors (51.8 per cent of all contracts in 2020) – are reluctant to take advantage of new opportunities to ensure that the concept of local content is implemented. The effect of this is particularly evident in the construction sector, where the most important contracts tend to be executed by the largest companies using the SME sector as subcontractors, who often have problems receiving payment for their work on time. The inability of the SME sector to bid on its own (as a result of contracting authorities not using instruments such as advance payments or splitting the contract into lots) results in SME representatives competing unnecessarily in terms of price for subcontracts with the general contractor, which translates into lower earnings and reduced profitability for these companies.

When drafting the current Public Procurement Law, the legislator recognised the problem, resulting in numerous amendments to the document, which – contrary to popular opinion – do not exclude the application of the local content principle. The current form of the Public Procurement Law gives the contracting authority a number of instruments to support SMEs both on the regional and national level.

All in the hands of the contracting authorities

Contracting authorities, particularly local authorities – based on current legislation – have a number of instruments at their disposal that potentially support the concept of local content and, at the same time, do not violate the provisions of the Public Procurement Law.

A basic instrument that could be used to increase the participation of SMEs in the public procurement market is – here the contracting authority has discretion in the application of the rules – the possibility to divide the contract into lots. The contracting authority also has the right to limit the number of lots to be awarded to one contractor. Both the Classical Public Sector Directive and the Utilities Directive gave Member States a choice regarding the introduction of an obligation to divide a contract into lots, but Poland did not make use of this option.

The contracting authority – according to the latest formulation of the Public Procurement Law – has also gained the full right – without violating the provisions of the Law – to decide not to formulate the conditions for participation in the procedure. This gives representatives of the SME sector the chance not to submit full documentation and declarations when it is not necessary. De-bureaucratising this element of the procedure – assuming that contracting authorities make use of this privilege – could have a huge impact on increasing the competitiveness of the public procurement market and the role of SMEs in it. The contracting authority may also choose not to apply the optional grounds for exclusion, provided that this decision does not violate the principles of competitiveness and does not create a risk of inadequate performance of the subject matter of the contract. The use of optional grounds for exclusion must always be associated with a clearly defined objective.

Some opportunities for implementing the local content concept are also provided by the bid evaluation criteria. In this case, although the contracting authority may not directly promote SMEs, nothing prevents it from using criteria whose implementation will be simpler from the SME’s point of view – such as, for example, the employment by these entities of staff living in close proximity to the place where the subject of the contract is to be performed, which may translate into a higher efficiency of its performance.

An opportunity for the SME sector to increase its participation in the public procurement market is also provided by the fact that there is no obligation to establish a requirement to pay a bid deposit, regardless of the value of the contract, the type of contract and the mode of the procedure conducted. This is new in relation to the 2004 Public Procurement Law. Given the optional nature of the deposit, any waiver of it by the contracting authority increases the competitiveness of the procedure.

In financial matters sensu stricto, the provision of Art. 442 of the Public Procurement Law, which provides for the possibility for the contracting authority to make an advance payment – under certain conditions – is also of paramount importance. This is a nod to representatives of the SME sector, who usually have less financial capacity than the country’s largest companies. Advance payments fully comply with EU law and increase the competitiveness of the public procurement market in all cases.

Contractors also have the option of submitting a bid as a consortium. This has a positive impact on increasing the potential of contractors to meet the conditions imposed by the contracting authority in the procedure. However, the contracting authority has the option of limiting the freedom of contractors in terms of the fulfilment of individual conditions for participation in the procedure. In order to increase the chances of SMEs to submit the most well-prepared bid, contracting authorities may use the privilege of extending the deadline for the submission of bids – but this must then be consistent with the possibility of properly and fully preparing the bid. Extending the deadlines for submitting bids is one way of putting the concept of local content into practice – longer timeframes mean more realistic opportunities for SMEs, which do not usually have specialised units responsible for quickly preparing a full bid and completing the necessary documentation. Contracting authorities – in order to stimulate SMEs in the field of public procurement – may also use the formula of cost estimate-based remuneration, which, unlike lump-sum remuneration, offers relative certainty about receiving a higher remuneration from the contracting authority in a situation in which the contractor incurs additional costs. Cost estimate-based remuneration is a formula that directly encourages SME contractors to increase their participation in the public procurement market.

Contracting authorities can also implement the local content concept using a number of other instruments provided by the Public Procurement Law. These include the creation of contract templates that are as transparent as possible, the appropriate descriptions of the objects of the contracts, the departure from the popular practice of artificially aggregating contracts, the provision of answers that are as concise as possible regarding the contract specifications or the careful reservation of the obligation for the contractor to perform part of the contract personally.

Conclusions

Local authorities and other contracting authorities, in accordance with the Public Procurement Law, have the opportunity to implement the concept of local content when carrying out both national and EU procurement, which effectively increases the chances of the most numerous group of enterprises in Poland, i.e. the SME sector, to participate in the public procurement market. The use of the aforementioned instruments increases the competitiveness of the public procurement sector and wards off the prospect of the market being dominated almost exclusively by the largest companies.

On the one hand, cooperation between the public and private sectors, based on the principles of partnership and dialogue, can encourage more entrepreneurs – with particular emphasis on entrepreneurs from the SME sector – to participate in procurement procedures. On the other hand, a wider range of companies submitting bids is also an opportunity for contracting authorities to choose the most favourable offer in terms of primary and secondary objectives.

For this to happen, however, there must be a real change in the mentality of the contracting authorities, which must be followed by the willingness – based on real tangible benefits – of contractors, including representatives of the small and medium-sized enterprise sector.

***

[1] Data based on the Report of the President of the Public Procurement Office on the Functioning of the Public Procurement System in 2020.

Commentary of the Union of Entrepreneurs and Employers on the Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions…

Warsaw, 5 December 2022 

 

Commentary of the Union of Entrepreneurs and Employers on the Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions. Digitalising the energy system – EU action plan

 

  • The European Commission has stepped up its efforts to develop a common European energy data space;
  • with the implementation of an appropriate energy data sharing framework, we could gain more than 580 GW of flexible energy resources by 2050;
  • the implementation of the digitalisation will improve the demand for flexibility in the EU’s electricity grids.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Digitalising the energy system – EU action plan is a long-developed action plan, formulated and recently submitted by the European Commission for consultation, and intended to define actions for the coming years in the area of digitalisation of the European energy system. The Ministry of Climate and Environment is coordinating the preparation of the Polish government’s position on the proposals set out in the communication. Comments on the document had to be submitted by 23 November this year. We hope, however, that these are not the final provisions of the document, and it will be widely consulted with the public.

According to the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Digitalising the energy system – EU action plan the EU’s overarching goal for the coming years is to become independent from non-EU fossil fuels. According to the Commission, the only way to achieve this goal is

  • to install photovoltaic panels on the roofs of all commercial and public buildings by 2027 and on all new residential buildings by 2029,
  • to install 10 million heat pumps in the next five years,
  • to replace 30 million cars on the road with zero-emission vehicles by 2030,
  • to reduce greenhouse gas emissions by 55% and to achieve a share of renewables in the energy consumed of 45% in 2030, among other things.

All these objectives can only be achieved if the energy system is ready for it. Energy efficiency, resource efficiency, decarbonisation, electrification, sector integration and decentralisation of the energy system require a massive digitalisation effort. Without digitalising the energy system, it will be difficult, if not impossible, to achieve the goals set by the European Green Deal and the European 2030 programme ”Path to the Digital Decade”.

Between 2020 and 2030, around EUR 584 billion will need to be invested in the electricity grid, particularly in the distribution system. A substantial part of this investment will have to focus on digitalisation, as digital communication with energy consumers will help avoid the need for USD 270 billion investment in new electricity infrastructure.

Modern technology will help to visualise our energy consumption in real time and get tailored advice on how to reduce it. Digital tools can automatically control room temperature, charge electric cars and manage appliances so that energy is used at the same time when prices are at their lowest, while maintaining an optimal and healthy environment at home or at work.

Already 51% of all households and SMEs in the EU use smart electric meters.

The use of data across the energy value chain and linking this data with weather models, mobility patterns, financial services and geographical location systems through increasingly powerful computing capacity will enable the provision of innovative services at new levels of precision and adequacy and contribute to economic growth and job creation in the EU.

With the implementation of an appropriate framework for sharing energy data, more than 580 GW of flexible energy resources that take full advantage of digital solutions could participate in wholesale markets by 2050. It is estimated that this would cover more than 90% of the overall demand for flexibility in the EU electricity grids. Enabling smart and bi-directional charging of electric vehicles, the participation of virtual power plants in energy markets, and harnessing the potential of energy communities, smart buildings and smart heating with the use of heat pumps could contribute most to meeting this demand. In addition, car batteries can be used to store surplus energy and make it available when needed. This is achieved by keeping track of when the vehicle is in the garage, predicting periods of non-use and calculating how much spare capacity can be made available.

The aim of EU actions is to establish a common European energy data space and to ensure its robust governance in the form of a coordinated European framework for sharing and using this data. The preparatory phase is expected to be completed by 2024, with implementation starting immediately afterwards.

The EU’s research, innovation and digitalisation programmes will continue to play a key role in this context. Therefore, the Commission intends to support – through the “Digital Europe” programme – the implementation of a common European energy data space. Actions in this area will build on the demonstrations made by a number of projects funded by “Horizon Europe”.

To further support the digitalisation of the energy sector, the Commission will officially re-establish the existing Smart Grid Task Force (SGTF). Under this smart energy expert group, the Commission will set up, by March 2023 at the latest, the “Data for Energy” (D4E) working group. This group will include the Commission, Member States and relevant public and private stakeholders to contribute to the creation of a European framework for energy data sharing.

The Commission announces in “Digitalising the energy system – EU action plan” that it intends to support EU Transmission System Operators (TSOs) and Distribution System Operators (DSOs) in the creation of a digital twin of the European electricity grid, an advanced virtual model of the grid. The purpose of the digital twin is to make the grid, and with it the energy system as a whole, more efficient and smarter.

The sustainable design of digital devices and clear information on their environmental footprint and reparability and recyclability can, on the one hand, contribute to reducing the use of raw materials and facilitate a shift towards circularity, but on the other hand, can put an additional burden on fossil fuel-based economies.

Collective energy schemes that involve a whole community, village or town can allow such consumers to connect and scale-up their potential interaction with the electricity system. Such schemes can enable communities to, for example:

  • better monitor their performance as measured by energy consumption or
  • share photovoltaic panels or otherwise engage in power sharing or peer-to-peer trading of electricity generated by joint investment projects, which can reduce their dependence on high electricity prices set in the wholesale market.

The proposed framework for an Ecodesign for Sustainable Products Regulation[1] is aimed at:

  • establishing EU regulations to ensure that only “circular” products (i.e. products that are more durable, can be easily reused, repaired and recycled, and are made up of recycled materials as far as possible) are placed on the EU market;
  • creating a framework for digital product passports containing information on energy-related aspects (carbon footprint), among other things; and
  • setting mandatory minimum sustainability requirements on public procurement of products, for a selection of product groups including electronic and ICT products. To address the energy consumption of working ICT devices, the Commission will develop an energy labelling scheme for computers that takes into account the different uses of computers, such as (i) office work, (ii) gaming and (iii) graphic design and video editing, respectively.

The Commission will aim to establish an EU Code of Conduct by 2025, based on the work done to measure the environmental impact of electronic communications services. The EU’s Code of Conduct for the Sustainability of Telecommunications Networks can help guide investment in energy-efficient infrastructure.

Bearing in mind the content of the document submitted to the Union of Entrepreneurs and Employers for consultation, on 23 November this year we sent our proposals to the Department of Informatisation of the Ministry of Climate and Environment. We pointed out that such a wide-ranging document setting out policy directions cannot be over-regulated in terms of the energy transition, as the Polish energy market has its own specific characteristics that distinguish it from other countries on the old continent. On the positive side, there is a proposal to involve entrepreneurs in the work of future advisory bodies. We also emphasised the need to develop electricity grids in the context of problems with connecting new power generation installations.

***

[1] Proposal for a regulation establishing a framework for the setting of ecodesign requirements for sustainable products and repealing Directive 2009/125/EC, COM(2022) 142 final.

https://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX:52022AE0598

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