Companies lose because these projects lie in the freezer
In 2016, shortly after taking power, PiS tightened the regulations on the construction of windmills. He introduced the so-called the 10H rule, i.e. a ban on the construction of wind turbines in the vicinity of residential buildings at a distance of less than ten times the height of the turbine. This blocked the development of wind farms. Discussions about easing the regulations have been going on for years, but without results. It was only when the changes were entered as milestones in the KPO that the draft amendment appeared in the Sejm and work on it began. In fact, she showed up right away controversial amendment by MP Marek Suski, but nevertheless the Parliament took up the burning issue. The problem is that there are more such important changes that entrepreneurs are waiting for. We have selected the five most important ones. Three of them are piloted by the Ministry of Climate and Environment, the others are managed by the Ministry of Family and Justice.
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The fight against plastic — the law has still not been submitted to the Sejm
December 20, 2022 The government adopted a draft act on the obligations of entrepreneurs with regard to the management of certain wastes and on the product fee. It’s supposed to lead to reducing the amount of waste that is generated from single-use plastic products. This requirement was set by the European Union in the so-called the SUP Directive (EU Directive on the reduction of the impact of certain plastic products on the environment, called Single Use Plastics, which entered into force in July 2019. Poland should implement it in July 2021., but only in December 2021 did the project see the light of day. – The draft, which should have been adopted a long time ago, has still not been passed to the first reading – says the vice-president and general director of the Polish Federation of Food Producers (PFPŻ).
Deposit system – long consultations and silence
It is known from at least 2020 that the deposit-refund system in Poland will cover plastic bottles, the so-called Single-use PET bottles up to 3L, including their plastic screw caps and aluminum cans. It is intended to help meet the requirements of the already mentioned SUP Directive. It forces us to selectively collect packaging at the level of 77%. in 2025 and 90 percent. in 2029 In November, it seemed that work on the project acceleratedbut then they stopped again. It still hasn’t even made it to the Law Commission.
– This may not be a project of the type that should have been passed a long time ago, but it is certainly expected by the industry. If it does not become law soon, we will not be able to meet EU requirements by 2025. And they also concern, for example, the share of recyclates in new packaging – says Gartner. And he emphasizes that the beverage industry urgently needs an effective deposit-refund system to meet EU requirements on the collection rate and the share of recyclate.
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Signalers – a cuckoo’s egg, for which we are already threatened with penalties
For three years, the government failed to adopt a draft on the protection of whistleblowers, i.e. people who report violations of the law. And it is not expected that the work will suddenly be finalized, even though it should be completed by December 17, 2021. Such a deadline for implementing the directive in this matter was given by the EU. As we have written many times in Business Insider, there is a dispute in the government about the scope of cases that can be reported and the choice of the institution that will be responsible for receiving notifications, their verification, transfer to another office/unit. And although we are threatened with EU penalties for failure to implement the directive, the end of work on the new act is not in sight.
There are scuffles between ministries, because no one wants to take responsibility for the implementation of a difficult and costly task. Brussels has already sent two reminders: in January and July 2022. If the European Commission considers that a country’s response is not satisfactory, it has the right to lodge a complaint against it with the Court of Justice of the EU. And he can impose a financial penalty.
See also: The government is throwing logs at the feet of whistleblowers. Who will not be protected from retaliation?
Direct lines – a difficult topic, but urgent
Entrepreneurs, especially industry, are fighting for the possibility of building direct lines. These are lines that, bypassing the national power system (NPS), would connect a local energy source, e.g. a photovoltaic farm, with a reception point, e.g. a factory. – Direct lines is a great opportunity for many Polish companies, especially in times of energy crisis. It gives the opportunity to obtain cheap, green energy – says Piotr Wołejko, an expert of the Federation of Polish Entrepreneurs. The current regulations provide such a possibility, but only in theory. The president of the Energy Regulatory Office must give consent for the construction of the line, but he cannot issue it if the recipient can meet his energy needs through the National Power System. This was to be changed by the draft amendment to the energy law, whose official consultations started in June 2021.
More than a year has passed and the project has still not been approved by the Council of Ministers. What’s worse, it changes often and you don’t know if it’s going in the right direction. The dispute is about whether the consent of the President of the Energy Regulatory Office will be required and whether the entrepreneurs who build the lines will also incur fees for the maintenance of the NPS. Ireneusz Zyska, Deputy Minister of Climate, said in December last year that he understood the need to adopt regulations, but he could not promise when the regulations governing the above areas would be adopted.
The leasing industry is waiting for the right to conclude contracts via the Internet
In 2021, i.e. during the pandemic, the Polish leasing sector helped nearly 900,000. entrepreneurs in the acquisition of assets worth PLN 88 billion. In the first six months of 2022, leasing companies provided a total financing of PLN 42 billion. This is a result lower by 2.8 percent. than last year. However, all contracts had to be in writing. For six years now, the Civil Code has made it possible to conclude an agreement in document form, e.g. by e-mail, text message, but lessors cannot take advantage of this option.
– This limits the development of the industry, eliminates the possibility of using modern forms of making declarations of will, e.g. check box, in the process of concluding even the simplest leasing contracts for small amounts – says Arkadiusz Pączka, vice-chairman of the Federation of Polish Entrepreneurs.
The light at the end of the tunnel turned on in June 2022. In the list of legislative works of the government, there was an announcement of the amendment to the Civil Code, which will make it possible to conclude leasing contracts in the form of documents. The Council of Ministers was supposed to adopt the project in the fourth quarter of 2022. It has not been seen to this day. “He was suddenly taken off the job listingalthough it is expected both by the industry and by consumers,” adds Pączka.
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