Biznes Fakty
Polish companies and competition from outside the EU. The government has adopted new regulations
On Tuesday, the government endorsed a set of modifications designed to streamline procedures, invigorate the market, and bolster the operation of municipalities, as reported by the Ministry of Development and Technology. These new regulations, part of the deregulation initiative, include measures aimed at safeguarding Polish companies from external competition, specifically from outside the European Union.
The Ministry of Development stated that the initiatives approved by the government will ease procedures, stimulate market activity, and support the effective operation of municipalities. This pertains to two proposed amendments to the Public Procurement Law and a revision of the act concerning spatial planning and development.
Polish companies and competition from outside the EU
The first proposal pertains to limiting the access of contractors from non-EU countries to the Polish public procurement market. It was clarified that these changes are intended to enable the contracting authority to decide whether to allow contractors from non-EU countries, which are not part of international agreements, to participate in the process. The ministry emphasized that contractors from nations that have signed relevant agreements with the EU (such as the World Trade Organization Agreement on Government Procurement – GPA) will be treated equivalently to contractors from EU member states.
The second draft amendment to the Public Procurement Law involves raising the minimum threshold for applying this Act and the Act on the Concession Agreement for Construction Works or Services from PLN 130,000 to PLN 170,000.
„In discussions with entrepreneurs, I frequently heard that the minimum thresholds for the application of the Public Procurement Law do not reflect current economic realities. The costs associated with construction, deliveries, and services are evolving, so it is clear that regulations need to align with market conditions,” stated Krzysztof Paszyk, Minister of Development and Technology, as quoted in the press release.
New solutions for municipalities
The third draft amendment to the Act on Spatial Planning and Development and Certain Other Acts adopted by the government stipulates that municipalities will carry out public purpose investments while concurrently preparing a general plan.
Additionally, municipalities will have the authority to issue decisions determining the location of a public purpose investment even after July 1, 2026, even if the study on conditions and directions of spatial development of the municipality is no longer valid and the general plan has yet to take effect. As per the Ministry of Agriculture and Technology, this will enable „the uninterrupted continuation of essential investments, based on decisions determining the location of the investment purpose”.
