Early Warning System
Sejm
Amendment to the Customs Code
Purpose: Allows goods to be declared for customs clearance before they are physically delivered to customs offices and introduces an electronic system for declaration. The amendment would also eliminate the need to identify the final destination of goods in transit through Poland.
Affected: Exporters, importers, transport companies and freight forwarders
Timing: Government approval and submission to parliament in January. First reading in February.
The Senate
Amendment to the Construction Law
Purpose: Simplifies administrative procedures necessary for construction and clarifies existing regulations. The amendment would introduce fines for administrative offices which miss deadlines for issuing decisions regarding building permits. At the same time it would mandate audits of all completed building sites to check agreement with building permits and allow investors to legalise permit violations if local urban plans are not violated. Investors seeking a building permit would not need to submit the legal deed to land, but a declaration that they have legal title to it. Last, the amendment would place limits on who could protest construction to parties involved in a construction project and immediate neighbours.
Affected: Construction companies, investors, contractors, subcontractors and landowners
Timing: Government approval, submission to parliament and first reading in May. Second reading in December and third reading in February. Awaits consideration by the Senate.
Amendment to the Urban Planning Law
Purpose: Improves the quality of urban planning and simplifies planning procedures. The amendment would require local, regional and national authorities to draft civil engineering plans. Urban plans prepared by local authorities would have to include plans for future technical infrastructure. Complaints against urban plans concerning the same issue could be filed with the Supreme Administrative Court (NSA) only once.
Affected: Foreign direct investors, real estate investors and construction companies
Timing: Two separate draft amendments were submitted to parliament by the government and a group of parliamentarians. Following their respective first readings in June and July, work began on combining them into a single amendment. Second reading in December and third reading in February. Awaits consideration by the Senate.
Law on National Referenda
Purpose: Adapts existing regulations concerning national referenda to the Constitution. According to the Constitution, the EU accession referendum planned for June would require a voter turnout of at least 50% to be legally binding. This draft law would give a qualified majority of the national assembly (Sejm and Senate) the opportunity to ratify the accession treaty in the event of low voter turnout. It would also allow for a two-day referendum.
Affected: Poland's plans to accede to the European Union.
Timing: Submitted by the president in October. First reading in November. Second reading in January and third reading in February. Awaits consideration by the Senate.
Approved Legislation
Credit Rating Act
Purpose: Creates a legal framework for accessing information on credit histories and introduces legal protection of information about consumer credit ratings. Specialised companies would release information on the failure of companies and consumers to meet loan obligations for a fee.
Affected: All companies, in particular banks, insurance companies, stockbrokers, leasing companies, telecommunications operators, cable and satellite television broadcasters, power companies and credit rating companies
Timing: The Sejm approved final amendments proposed by the Senate in February. Awaits the president's signature.
Amendment to the Civil Code
Purpose: Harmonises the Civil Code with the Commercial Code and introduces new legal definitions for the terms consumer, company and proxy. It would predetermine some contract clauses, regulate submitting and accepting offers and change regulations governing auctions and tenders. With respect to the construction industry, the amendment would introduce joint liability of real estate investors and contractors toward subcontractors for services rendered in an effort to protect small and medium-sized business owners. Before signing co-operation agreements investors would be allowed to analyse contractor finances and creditworthiness carefully.
Affected: All companies, particularly real estate investors, contractors, subcontractors and banks
Timing: The Sejm approved final amendments proposed by the Senate in February.
Awaits the president's signature.
Act on Computerising Real Estate Registers
Purpose: Improves the effectiveness of public institutions responsible for recording ownership of real estate by replacing paper hardcopy real estate registers with computer-generated records and a central real estate ownership database. Present delays in access to real estate registers increase investment costs and slow real estate turnover.
Affected: Real estate developers, general contractors, housing co-operatives and banks
Timing: The Sejm approved final amendments proposed by the Senate in February. Awaits the president's signature.
Amendment to the Customs Code
Purpose: Allows goods to be declared for customs clearance before they are physically delivered to customs offices and introduces an electronic system for declaration. The amendment would also eliminate the need to identify the final destination of goods in transit through Poland.
Affected: Exporters, importers, transport companies and freight forwarders
Timing: Government approval and submission to parliament in January. First reading in February.
The Senate
Amendment to the Construction Law
Purpose: Simplifies administrative procedures necessary for construction and clarifies existing regulations. The amendment would introduce fines for administrative offices which miss deadlines for issuing decisions regarding building permits. At the same time it would mandate audits of all completed building sites to check agreement with building permits and allow investors to legalise permit violations if local urban plans are not violated. Investors seeking a building permit would not need to submit the legal deed to land, but a declaration that they have legal title to it. Last, the amendment would place limits on who could protest construction to parties involved in a construction project and immediate neighbours.
Affected: Construction companies, investors, contractors, subcontractors and landowners
Timing: Government approval, submission to parliament and first reading in May. Second reading in December and third reading in February. Awaits consideration by the Senate.
Amendment to the Urban Planning Law
Purpose: Improves the quality of urban planning and simplifies planning procedures. The amendment would require local, regional and national authorities to draft civil engineering plans. Urban plans prepared by local authorities would have to include plans for future technical infrastructure. Complaints against urban plans concerning the same issue could be filed with the Supreme Administrative Court (NSA) only once.
Affected: Foreign direct investors, real estate investors and construction companies
Timing: Two separate draft amendments were submitted to parliament by the government and a group of parliamentarians. Following their respective first readings in June and July, work began on combining them into a single amendment. Second reading in December and third reading in February. Awaits consideration by the Senate.
Law on National Referenda
Purpose: Adapts existing regulations concerning national referenda to the Constitution. According to the Constitution, the EU accession referendum planned for June would require a voter turnout of at least 50% to be legally binding. This draft law would give a qualified majority of the national assembly (Sejm and Senate) the opportunity to ratify the accession treaty in the event of low voter turnout. It would also allow for a two-day referendum.
Affected: Poland's plans to accede to the European Union.
Timing: Submitted by the president in October. First reading in November. Second reading in January and third reading in February. Awaits consideration by the Senate.
Approved Legislation
Credit Rating Act
Purpose: Creates a legal framework for accessing information on credit histories and introduces legal protection of information about consumer credit ratings. Specialised companies would release information on the failure of companies and consumers to meet loan obligations for a fee.
Affected: All companies, in particular banks, insurance companies, stockbrokers, leasing companies, telecommunications operators, cable and satellite television broadcasters, power companies and credit rating companies
Timing: The Sejm approved final amendments proposed by the Senate in February. Awaits the president's signature.
Amendment to the Civil Code
Purpose: Harmonises the Civil Code with the Commercial Code and introduces new legal definitions for the terms consumer, company and proxy. It would predetermine some contract clauses, regulate submitting and accepting offers and change regulations governing auctions and tenders. With respect to the construction industry, the amendment would introduce joint liability of real estate investors and contractors toward subcontractors for services rendered in an effort to protect small and medium-sized business owners. Before signing co-operation agreements investors would be allowed to analyse contractor finances and creditworthiness carefully.
Affected: All companies, particularly real estate investors, contractors, subcontractors and banks
Timing: The Sejm approved final amendments proposed by the Senate in February.
Awaits the president's signature.
Act on Computerising Real Estate Registers
Purpose: Improves the effectiveness of public institutions responsible for recording ownership of real estate by replacing paper hardcopy real estate registers with computer-generated records and a central real estate ownership database. Present delays in access to real estate registers increase investment costs and slow real estate turnover.
Affected: Real estate developers, general contractors, housing co-operatives and banks
Timing: The Sejm approved final amendments proposed by the Senate in February. Awaits the president's signature.
