(R)evolution in dealings between taxpayers and tax authorities
The draft Act on Resolution of Double Taxation Disputes and Conclusion of Advance Pricing Agreements would introduce a new tax institution, the Cooperation Programme, as part of its implementation of the conception of horizontal monitoring. The Cooperation Programme is intended to enter into force on 1 July 2020.
New Public Procurement Law: Mediation and conciliation at the Court of Arbitration at the General Counsel to the Republic of Poland—good or bad solution?
Under the proposed new Public Procurement Law, in the event of a dispute involving performance of a public contract, amicable resolution of the dispute would be handled by the Court of Arbitration at the General Counsel to the Republic of Poland. But the proposal generates legal doubts.
Key changes proposed in waste records and Waste Database
A draft Act Amending the Waste Act and Certain Other Acts has been submitted to the Polish parliament. The proposal is designed to totally digitise the Database of Products, Packaging and Waste Management (known as the Waste Database or BDO). The proponents’ aim is also to expand the functionality of BDO so that it is also used by businesses to maintain their current waste records. This would allow the authorities to easily identify the generator and subsequent possessors of wastes.
Can an aggrieved person harmed by a corporate entity file a complaint concerning tardiness?
Tardiness in investigations and court cases is a structural problem in Poland. This was confirmed among other things in a pilot judgment issued by the European Court of Human Rights (ECHR) of 7 July 2015 in Rutkowski and Others v. Poland. This is also confirmed by Ministry of Justice statistics. In 2018, the number of investigations of a duration of between two and five years was up 583 on 2017. Tardiness can occur in particular in complex criminal cases with a commercial element, and for this reason the problem of tardiness will probably affect corporate liability cases conducted once a law now before parliament takes effect. Based on the current wording, the question arises of who will be able to file a complaint concerning tardiness in cases of this kind, and when.
Bad smell law places restrictions on construction of large-scale animal farms
A bill has been released recently regulating the minimum distance for a planned development project in the agricultural sector if it might generate an odour. The proposal comes in light of an increasing number of complaints and motions about odours given off by animal care and breeding facilities.
RES Act to be amended again
A proposal for amendment of the Renewable Energy Sources Act has been published. It is intended to enable production of new RES while keeping energy prices as low as possible for users.
If it comes to a “no-deal” Brexit, UK financial market firms will be given transition periods
On 5 March 2019, a legislative proposal was submitted to the Sejm to regulate business activity conducted from the United Kingdom of Great Britain and Northern Ireland and Gibraltar following Brexit. Similar laws are now being drawn up in a number of other EU countries. The bill is intended to protect Polish customers who have agreements with institutions of that kind. It is also intended to enable the firms to bring their business activities and relationships with customers to a close in an orderly fashion, or take the appropriate measures to remain on the Polish market according to rules that apply to third countries.
Digitalisation of procurement without signposting
In anticipation of the new Public Procurement Law, the market is wandering in an uncharted wilderness of digitalisation, stumbling time and again over the ill-considered consequences of rulings. Public procurement needs a signpost: permanent and specific rules in line with the regulations.
Food law 2019: GMO-free labelling
“GMO-free” offers a strong and appealing marketing message. The use of this claim is not regulated at the EU level. Individual member states, including Poland, are adopting national criteria that must be met by products for the manufacturer to call them GMO-free. What are these criteria, and what products do they apply to?
Can new regulations limit the possibility of resigning from a company’s management board?
A bill currently being processed by the Sejm significantly limits the right of a management board member to resign from office at any time.
Relief for energy-intensive businesses, other businesses under strain
The Ministry of Energy has published a draft amendment to the regulation on tariffs reducing the burden of the qualitative fee on some “large” industrial customers.
Changes in access to public procurement
The Public Procurement Law regulates the method of eliminating contractors who do not meet the requirements for such things as integrity (no criminal convictions). The sanction of exclusion from a tender may be imposed on a contractor not for acts committed by the entity, but for acts committed in relation to the activity of a collective entity by natural persons acting on its behalf or in its interest.
