ENTREPRENEURSHIP IN POLAND
Transcription
ENTREPRENEURSHIP IN POLAND
ENTREPRENEURSHIP IN POLAND Warsaw, September 2015 Entrepreneurship in Poland The Ministry of the Economy aims to ensure that Poland offers the best conditions for the pursuit of economic activity in Europe. Prepared by: Ministry of Economy Strategy and Analyses Department with the cooperation of: Innovation and Industry Department, the Support Instruments Department, Economic Regulation Improvement Department 2 Entrepreneurship in Poland TABLE OF CONTENTS INTRODUCTION ....................................................................................................................................................... 5 SYNTHESIS .............................................................................................................................................................. 6 RECOMMENDATIONS .............................................................................................................................................. 9 1. MACROECONOMIC SITUATION IN POLAND IN 2014 ..................................................................................... 20 1.1 1.2 1.3 1.4 1.5 1.6 1.7 2. ECONOMIC GROWTH AND ITS CONTRIBUTING FACTORS................................................................................... 21 INVESTMENTS ........................................................................................................................................ 23 FOREIGN TRADE AND EXCHANGE RATE........................................................................................................ 25 LABOUR MARKET .................................................................................................................................... 28 LABOUR COSTS ...................................................................................................................................... 31 PUBLIC FINANCE..................................................................................................................................... 34 INFLATION AND MONETARY POLICY ............................................................................................................. 37 CHARACTERISTICS OF POLISH ENTERPRISES ........................................................................................... 39 2.1 2.2 2.3 2.4 2.5 2.6 2.7 3. NUMBER AND STRUCTURE OF POLISH ENTERPRISES ...................................................................................... 40 ECONOMIC AND FINANCIAL SITUATION OF ENTERPRISES ................................................................................. 41 ANALYSIS OF THE MICRO-ENTERPRISE SECTOR AGAINST OTHER ENTERPRISES IN 2013 ....................................... 44 INNOVATIVENESS OF POLISH ENTERPRISES ................................................................................................. 45 QUALITY MANAGEMENT............................................................................................................................ 55 INTERNATIONALISATION OF POLISH ENTERPRISES ......................................................................................... 56 BARRIERS FOR BUSINESS ACTIVITY AS PERCEIVED BY ENTREPRENEURS ............................................................ 70 INSTITUTIONAL ENVIRONMENT OF ENTERPRISES...................................................................................... 73 3.1 3.2 3.3 3.4 3.5 3.6 4. REGULATORY ENVIRONMENT .................................................................................................................... 74 THE FUNCTIONING OF THE JUDICIARY.......................................................................................................... 87 FINANCING BUSINESS ACTIVITY.................................................................................................................. 92 INSTITUTIONS PROVIDING SUPPORT TO SMES ............................................................................................ 112 INFRASTRUCTURAL CONDITIONS IF ENTREPRENEURSHIP GROWTH .................................................................. 115 COOPERATION OF ENTERPRISES WITHIN SPECIAL ECONOMIC ZONES AND CLUSTERS ......................................... 126 POLAND IN INTERNATIONAL COMPETITIVENESS RANKINGS ................................................................... 130 ANNEX I STATISTICAL TABLES – DATA ON ENTERPRISES ............................................................................ 134 ANNEX II IMPLEMENTATION OF THE SMALL BUSINESS ACT IN POLAND IN 2014 .......................................... 142 3 Entrepreneurship in Poland 4 Entrepreneurship in Poland INTRODUCTION The Entrepreneurship in Poland report presents the conditions of the functioning of enterprises in Poland, along with the characteristics of selected economic operators. When discussing the economic processes taking place in Poland, the phenomenon of entrepreneurship is one of the key issues that need to be addressed. The unprecedented development of small enterprises after 1989 has been one of the primary features which characterised the process of transformation that took place in Poland. During the first years of transformation, the term “entrepreneurship” came to be associated with vigour, foresight and the drive towards self-fulfillment. As the business community was beginning to come of age, these characteristics were supplemented by other features such as innovation, strategic thinking, responsibility for one’s workforce and environmental responsibility. Entrepreneurship as a phenomenon is directly reflected in the data showing the state and condition of economic operators. Chapter II of the present report therefore presents the basic economic and financial indicators of companies, with particular emphasis on the SME sector which accounts for 99.8% of all enterprises. The indicators in question are presented against the background of macroeconomic conditions prevalent in 2014 (chapter I). The characteristics of enterprises included herein are supplemented by information on the innovative activities of the Polish economic operators. The present edition of the report also includes an additional subsection devoted to the issue of internationalisation. Even though Polish companies are still behind the EU average in terms of foreign trade, their activity in the field of trade continues to increase every year. Another positive sign is that the structure of Polish export is becoming more modern while the export itself continues to exhibit a rapid growth rate, especially during the last ten years, when the growth of export has significantly exceeded the GDP growth. The present document also takes a closer look at the institutional environment of company activities as well as the changes which have taken place in this area since the report for the previous year has been published. The areas involved include commercial law, taxation, labour law, the section of the court system which deals with economic activity, institutions operating in the business environment, infrastructure and the financing of economic activities. All these issues are discussed primarily in chapter III. They are supplemented by a report on the implementation of the Small Business Act in Poland (Appendix II). Reforms in the institutional sphere are fully reflected in Poland’s position in some of the international rankings published (see chapter IV). The present document also contains recommendations for the development of entrepreneurship. The vast majority of these recommendations are intended for implementation on a continuous basis. The first edition of the annual report of the Ministry of Economy was released in 2003. 5 Entrepreneurship in Poland SYNTHESIS In 2014, despite the poor economic performance of the eurozone countries, Poland experienced significant economic growth (3.4%), which made it one of the leaders in terms of growth. The factors which proved conducive to the achievement of this objective included both the significant investment activity of domestic enterprises and the increase in consumption. According to the Central Statistical Office data, in 2014 the export of goods from Poland increased by 7% compared to 2013, reaching the value of nearly EUR 165.8 billion. In contrast, import amounted to EUR 168.4 billion and was 7.3% higher than in 2013. As a result, the trade deficit amounted to approximately EUR 2.7 billion. In terms of trade in goods, there has been an above-average increase in the export of light industry products (up by 12.9%), electromechanical products (up by 8%), wood and paper products (up by 8.7%) and agricultural and food products (up by 7.1%). The balance of exchange decreased in 2014 in 5 commodity groups, including the trade in metallurgical products (down by approx. EUR 840 million), chemical products (down by approx. EUR 790 million) and light industry products (down by approx. EUR 700 million). On the other hand, the balance of exchange in other areas, including the trade in agricultural and food products (up by approx. EUR 630 million) has increased. The increase in investment expenditure in 2014 was caused by the fact that the conditions in which companies operate have been increasing steadily throughout the year as well as the fact that the uncertainty as to the perspectives for development has decreased somewhat. Gross fixed capital formation in 2014 increased by 9.2% compared to an increase of 1.1% in 2013. In relation to the GDP, both the share of investment expenditure of private companies and public companies have seen an increase (from 14.7% to 15.1% and from 4.1% to 4.4% respectively). According to the registered unemployment statistics, 1,825 thousand persons remained unemployed as at the end of 2014. The registered unemployment rate amounted to 11.5% and was 1.9% lower compared to the previous year. Following a slight increase experienced in 2013, the BAEL unemployment rate has also increased during the following year (from 10.2% to 8.9%). The increasing efficiency of the use of human resources is evidenced by the fact that the employment rate has been increasing systematically since 2011. In 2014, the employment rate increased by as much as 1.6 pp., attaining the value of 66.5% (compared to 57.3% ten years back). Meanwhile, the tax wedge for average remuneration was 35.6%, remaining at the same level as in the previous year, only slightly lower than the OECD average (36%). Compared to the other countries in the CEE region, the tax wedge in Poland remains relatively low. In 2014, the share of expenditure legally determined in the state budget fell by 1.7 pp. Nevertheless, the share of this expenditure, at 72.7%, remains high and restricts the government’s ability to influence the amount of budget deficit. However, it has to be noted that the budget deficit in 2014 fell to a level of 1.7% of the GDP, compared to 2.6% in 2013. The revenues of companies employing more than 9 persons increased by 2.7% YOY (compared to an increased by a mere 6% the year before). The costs increased slightly faster than revenues; as a consequence, the financial results have only managed to improve slightly (the gross financial result increased by 1.6% compared to an increase of 4.1% in the previous year). In 2014, the period of stagnancy in terms of investment has finally come to an end. Expenditure in the presently discussed group of enterprises increased by as much as 13.1% (compared to an increase by 3.5% in 2013 during 6 Entrepreneurship in Poland the corresponding period). The increased activity of enterprises was accompanied by a 2.6% increase in employment. Large companies have proved to be the most active ones in terms of investment. Despite the decline in terms of financial results in this group of enterprises, the companies in question have increased their investment expenditure by 17%, with employment level rising by 3.9% – figures that are clearly above average for the business community in general. In 2014, the number of new enterprises registered in the REGON system amounted to 357 thousand (8 thousand less than in 2013). Therefore, the new enterprises accounted for approximately 8.7% of entities in the national economy registered in the REGON system. Natural persons conducting economic activity constituted the largest group among the newly established entities (more than 80% of their total number). In terms of industry sectors, the most intensive growth in the number of newly registered companies occurred in the following sections: Other service activities (up by 34%), transportation and storage (up by 7.4%) and construction (up by 5%). As regards active companies, i.e. those companies which actually pursue economic activities, according to the most recent data available (i.e. the data for year 2013), their number has decreased slightly, reaching the level of 1.77 million. The structure of Polish enterprises has remained practically unchanged in recent years, with micro-enterprises accounting for 95.6%, small enterprises for 3.3%, medium enterprises for 0.9% and large enterprises for 0.2% of all enterprises. The SME sector therefore accounts for 99.8% of all companies, which is the same as the EU average. Following the period of stabilisation of the GERD/GDP rate at a level of approx. 0.6 in years 2003-2008, the following years brought about a period of systematic increase of the rate in question. In 2011, R&D expenditure accounted for 0.75% of the GDP, rising to 0.89% in 2012 and stabilising at a similar level in 2013 (0.87%). The structure of the expenditure in question, however, proves to be far more interesting. It shows that following the decrease of the YOY share of public expenditure, the participation of the private sector in the expenditure in question (i.e. BERD/GDP) has increased, reaching the record level of 0.38, which is twice the value it attained in 2010. Nevertheless, the GERD and BERD values calculated in relation to the GDP are well below the EU-28 average (2.02 and 1.28 respectively), even though the level of the expenditure in question in Poland is rising at a rate that is significantly faster than the EU average rate. According to the latest Innovation Union Scoreboard 2015 (IUS), Poland is among the countries which rank as moderate innovators. When assessing the innovativeness of the Polish economy, the EC pointed towards, inter alia, the relatively poor indicators concerning the participation of non-EU doctoral students, the number of patent applications or the revenues from patents and licences sold abroad. Since the most recent Entrepreneurship in Poland report was published, activities aimed at facilitating the pursuit of economic activities in Poland have continued. For example, at the end of 2014 the socalled 4th deregulation act was adopted (full name: act on the facilitation of the pursuit of economic activities), introducing more than 40 facilitating measures intended to make running a business easier, including the abolishment of certain redundant bureaucratic obligations which previously existed in business law. These facilitating measures apply to nearly 30 Acts. The new regulations introduced, among other things, facilitating measures for entrepreneurs pertaining to inspection procedures in Polish seaports, abolished the provisions which provided that entrepreneurs were under an obligation to obtain the confirmation of the VAT-R registration application and streamlined cross-border trade. The changes introduced are a continuation of previous three deregulatory initiatives, which introduced a total of 284 amendments in 109 Acts. International reports and rankings provide us with objective criteria for the assessment of the Polish economy as compared to other countries. For example, in the most recent edition of the Doing Business 7 Entrepreneurship in Poland 2015 report, Poland placed 32nd (out of 189 countries in total) in the overall ranking concerning the ease of doing business. Even though this is a nominal improvement, when taking into account the annual change in methodology and data update, it has to be concluded that Poland placed two positions lower compared to the 2014 report. The current edition of the Index of Economic Freedom ranking, Poland placed 42nd among the 178 countries assessed, which means a significant improvement for the third year in a row. The results of the rankings of this type, when analysed over the past few years, confirm that, on one hand, that the decision to implement the changes introduced has been a correct one, while at the same time providing an incentive to do even better by pointing towards the areas which still require an improvement. One of the changes in question shall be the focus on the reinforcement and systematisation of the rights of entrepreneurs, achieved through the implementation of the new Act on Economic Activity. It is assumed that this new Act shall replace the 2004 Act on the freedom of economic activity. 8 Entrepreneurship in Poland RECOMMENDATIONS For five years, the primary instrument for the coordination of economic policy in the European Union has been the „Europe 2020” strategy, adopted by the European Council on 17 June 2010. National Reform Programmes continue to form the basic instrument for the implementation of the strategy on Member State level. The Polish National Reform Programme for the implementation of the „Europe 2020” EU strategy (NRP) was adopted by the Council of Ministers on 26 April 2011 and assumes a correlation of Polish development goals with priorities specified in the “ Europe 2020 ” strategy, i.e.: − development of the knowledge and innovation-based economy (smart growth); − promotion of a sustainable economy with a smaller environmental footprint and greater resource efficiency which nevertheless retains a high degree of competitiveness (sustainable growth); − reinforcement of an economically, socially and territorially cohesive economy characterised by a high employment level (inclusive growth). In its NRP, Poland declared that in 2020 it will achieve, inter alia, the following objectives: employment rate of 71% among people aged 20-64, 1.7% share of R&D expenditure in the GDP and the level of 45% of persons with higher education among persons aged 30-34. The coordination of economic policy in the EU and implementation of the “Europe 2020” strategy take place within the European Semester, formally implemented at the beginning of 2011. The Annual Growth Survey 2015 (AGS 2015), published by the European Commission on 28 November 2014, constituted the formal launch of the fifth consecutive cycle of the European Semester. In the AGS 2015, the EC proposed to base the EU economic and social policy for 2015 on three main pillars: actions stimulating the growth of investment, structural reforms and responsible budgetary policy. In accordance with the rhythm of the European Semester, on 28 April 2015, the Council of Ministers adopted a document entitled The National Reform Programme for the implementation of the “Europe 2020” Strategy. Revision 2015/2016 (NRP 2015/2016). It is the fourth annual update of the NRP adopted in 2011. Given the current macroeconomic situation, the economic forecasts and priorities of the Government of the Republic of Poland as well as the recommendations of the Council of the EU for Poland dated July 8, 2014, the NRP 2015/2016 identifies the most important actions that translate into meeting the national Europe 2020 strategy objectives with respect to employment, innovation, energy, education and counteracting poverty. After the EC had conducted an evaluation of the NRP 2014/2015 and after the Convergence Programme had been updated, the draft recommendations of the Council for Poland, presented by the EC, stated that Poland had made some progress in terms of the implementation of recommendations from 2014. In particular, the EC stated that it can be said that the excessive deficit was adjusted in 2014, i.e. one year prior to the designated deadline, with the EC forecasts for 2015/2016 confirming the sustainability of this adjustment. Therefore, along with the draft recommendations, the EC presented a draft decision of the Council of the EU on the abrogation of the excessive deficit procedure with respect to Poland, the final version of which was adopted by the ECOFIN Council on 19 June 2015. The EC recommended undertaking actions aimed at increasing tax revenues by limiting the excessive – in the Commission's opinion – application of reduced VAT rates. In the EC's opinion, Poland's budgetary framework would benefit from establishing an independent body tasked with performing ex-ante and expost assessments of compliance with fiscal regulations, assessing macroeconomic and budgetary forecasts and analysing the long-term stability of public finances. The EC also once again negatively assessed the preferential social security schemes for farmers and miners, which in its opinion still hinder 9 Entrepreneurship in Poland the professional mobility of its beneficiaries and constitute a serious burden for public finance. In the EC's opinion, the establishment of the system for estimating and registering the income of farmers would constitute the first necessary step towards the Agricultural Social Insurance Fund reform. The EC pointed out that labour market segmentation in Poland still continues to persist. The percentage of people employed for a definite period of time is the highest in the EU, the percentage of people transitioning from employment for a definite period of time to employment for an indefinite period of time is low, and wage disproportions are the highest in the EU. Apart from the above, there is an excessive application of civil law contracts in lieu of employment contracts. In the EC's opinion, entrepreneurs are inclined to offer civil law contracts due to the burdens imposed on employers under the Labour Code, inflexible regulation regarding the termination of employment and the possibility of reducing social insurance contributions through the use of such contracts. This leads to the deterioration of the quality of employment available on the labour market, especially for young people. As regards infrastructure, the EC pointed out the difficult situation of the railway sector, the development of which is hindered by high fees for access to railway track infrastructure, insufficient financing, as well as unfavourable regulatory and administrative environment. As a result, the procedures for planning and implementing investment projects in this sector are usually time-consuming and cumbersome. In Poland, much like elsewhere in Europe, small and medium enterprises play a key role and, thus, providing them with optimal functioning and development opportunities constitutes one of priorities of the Polish economic policy. The main strategic document at the EU level determining the SME policy framework is the Communication entitled “Think Small First. A Small Business Act for Europe COM(2008) 394” containing a proposal of a coherent strategy towards small and medium enterprises, expressed in the form of specific actions conducted both at the community level and in individual Member States. Implementation of actions in priority areas specified in the SBA is monitored in individual Member States on the basis of annually elaborated fact sheets. The monitoring process constitutes a foundation for assessment and exchange of good practices between Member States in the field of policies pertaining to entrepreneurship. However, it has to be emphasized that the only objective of fact sheets is to make it easier to understand the latest trends and national policies influencing SMEs; they are not a formal evaluation of policies of individual Member States. As the latest Fact Sheet Poland report of 2014 points out, the overall economic situation in the SME sector in Poland in 2013 was stable. The absence of significant changes compared to the previous year is reflected by the macroeconomic results for the period in question: The GDP increased by 1.6%, while inflation, unemployment and the EUR/PLN exchange rate have largely remained unchanged. The EC believes that Poland has been successful in offering access to financing at a level which is slightly above the EU average. The SBA programme-related indicators which reached the EU average include areas such as entrepreneurship, flexible administration, state aid, public procurement and environment. The activities performed by the Government of the Republic of Poland in 2013 focused on making new efforts in the fields characterised by relatively low costs and significant potential benefits, such as: flexible administration (including e-administration services) as well as public procurement procedures (including the procedures related to the absorption of funds allocated to Poland under multiannual financial frameworks). The most significant challenges include the simplification of onerous regulatory burden aimed at the implementation of the “think small first” principle as well as supporting skill development and innovation. 10 Entrepreneurship in Poland Poland should also intensify its efforts aimed at improving the access of SMEs to the single market and as well as non-EU markets. In order to reinforce the monitoring of progress in terms of conduct of actions falling within the scope of the Small Business Act programme in Poland, in 2013 monitoring of activities undertaken in particular priority areas has begun, in accordance with recommendations of the EC. The results of the monitoring are included in Annex II to the report. While implementing provisions of the SBA (the second priority area), the Ministry of Economy elaborated a draft document entitled New Chance Policy (NCP), which – as a development programme – refers in a comprehensive way to the problem of crisis management in enterprises, matters related to the liquidation of enterprises, as well as support for relaunching business activity, the so-called new start. Proposed solutions are dedicated to owners of companies facing difficulties at various stages of conducting business activity. In addition, the system will cover support for those entrepreneurs who intend to re-launch their business. Provisions of the document accepted by the Council of Ministers on 22 July 2014 authorise public entities to undertake specific actions within the framework of the new chance policy. On 15 January 2013, the government adopted the Strategy for Innovativeness and Efficiency of the Economy – “Dynamic Poland 2020” (SIEE). It specifies lines for actions that should be conducted for the Polish economy to become, in the 2020 perspective, innovative and resource-efficient. The 2020 Enterprise Development Programme (EDP) adopted by the Council of Ministers on 8 April 2014 constitutes an implementation programme for the aforementioned Strategy. The programme is a proposal of a support system for enterprises in Poland, focused primarily on their innovativeness. Instruments specified in the Programme focus on the establishment of a more business-friendly environment, the reinforcement of various forms of financing R&D and innovations, increasing the quality of human capital for innovativeness, strengthening the cooperation between entrepreneurs and science as well as between entrepreneurs themselves, e-commerce and sustainable development. The EDP concentrates, above all, on small and medium enterprises. Due to its wide scope, the Programme goes beyond the framework of new operational programmes for the years 2014-2020 and will be financed both from the state budget as well as EU funds. An integral part of the EDP is the document entitled National Smart Specialisation (NSS). The aim of the document is to set economic priorities in the area of research, development and innovativeness (R&D&I) as well as to focus investments on the areas which ensure the growth of value added of the economy and its competitiveness on foreign markets. National smart specialisations will be used as the basis when providing support (the so-called ex-ante condition) under the financial perspective for the 2014-2020 period, mainly as part of the Smart Growth Operational Programme (SG OP). Entrepreneurs and representatives of business environment institutions, industry chambers, as well as universities and science institutes all were of key importance for setting the priorities in the R&D&I area specified in the NSS. While conducting its activities, the Ministry of Economy followed the rule that the objective of the so-called entrepreneurial process of discovery is to comprise bottom-up actions and initiatives which will foster smart growth and optimal use of resources, in particular those which would actively involve the private sector in carrying out and financing research and innovation. The following recommendations for the development of entrepreneurship were prepared on the basis of the content of the aforementioned strategic and programme documents, as well as considering the situation of enterprises diagnosed in the present report. 11 Entrepreneurship in Poland Recommended actions for the development of entrepreneurship in Poland: I. Horizontal measures aimed at ensuring entrepreneurship-friendly regulatory and institutional environment, with particular attention paid to the think small first principle: 1) Further elimination or change of regulations imposing excessive administrative, financial and reporting burdens – conducted on the basis of systematic revision of law – together with social partners and based on results of measurements of administrative burdens. 2) Simplification and ensuring transparency of the tax system through, inter alia , the rationalisation of tax reliefs, limitation of the number of regulations concerning VAT and the simplification thereof. 3) Development of an evidence-based and stable legislative governance process through, inter alia , the development of the Impact Assessment system, improvement of the process of public consultations and effective implementation of the community law. 4) Further actions aimed to improve the functioning of the commercial judiciary by, among other things, making it possible to fully use modern technological solutions in the course of proceedings before the courts and popularising mediation in the settlement of commercial disputes. 5) Prevention of bankruptcy of enterprises, as well as introduction and continuing application of the “new chance” policy by means of, inter alia , using early warning systems to prevent the occurrence of crisis situations in enterprises, facilitating the relaunch of business activity – the socalled new start, as well as amending the bankruptcy and restructuring law. 6) Increasing in the effectiveness of use of the assets of the State Treasury and enhancement of the transparency of rules for the functioning of public property in the economy through, inter alia , implementing privatisation processes (also with the participation of employees or local government units), improving the supervision over State-owned companies. 7) Strengthening the socio-economic dialogue and increasing the activity of civil society institutions achieved by means of ensuring partnership relations between the administration and citizens, entrepreneurs and socio-economic partners. 8) Reduction of costs of establishing and transforming enterprises. II. Measures conducive towards the increase in business investment, market expansion and improvement in the efficiency of enterprises: 1) Facilitation of access to capital for enterprises at all development stages, in particular insofar as venture capital and SME sector are concerned , e.g. by means of consolidation of the functioning of loan and surety funds, development of non-grant support initiatives, promotion of sources for financing activities alternative to bank credit, development of venture capital financing system. 2) Creation of conditions for access of SME sector enterprises to state aid. 3) Simplification of procedures for leveraging EU funds , with concurrent focus on sustainability of projects and conformity with priorities of the socio-economic growth of the country and regions. 4) Popularisation of and support for the development of Public-Private Partnership (PPP), including simplification of regulations regarding implementation of projects. 5) Creation of a comprehensive and coherent system for the promotion of the Polish economy that would use available human and financial resources in an optimal manner to support the operation of Polish entrepreneurs abroad, to attract foreign investment to Poland, as well as to assist the further development of high-quality information services related to export and investment outside the Republic of Poland. 12 Entrepreneurship in Poland 6) Extension of the range of instruments supporting the activities of entrepreneurs aimed at the development of export activity, adjusted to the stage of a development of the enterprise and to its profile. 7) Continuation – within the framework of the EU common commercial policy – of actions aimed at opening foreign markets to Polish products through the provision of useful information concerning the markets in question to Polish entrepreneurs, elimination of tariff and non-tariff barriers, as well as facilitating access to public procurement systems in third countries. 8) Creation of conditions for the growth of sustainable production and consumption as well as sustainable industrial policy by means of, inter alia , promotion of sustainable public procurement or support for the development and implementation of technological and non-technological innovations conducive towards sustainable growth, including environmental technologies, ICT, environmental management systems. 9) Continuation of actions aimed to increase the energy efficiency of the economy, including regulations pertaining to support mechanisms and leading to the achievement of measurable energy savings. 10) Measures aimed at increasing the use of energy from renewable energy sources – having regard to the development of SMEs, based on the economic calculation, and to the development of new industries, as well as the creation of new and permanent jobs, including the use of locally available RES resources. 11) Development of new technologies of coal use through measures aimed at promoting research and development related to the use of coal for the purposes of production of liquid and gaseous fuels. 12) Promotion of nuclear power as a type of energy having a positive impact on the competitiveness of the Polish economy and Polish enterprises, including SMEs, due to the significant positive effects on energy security, positive impact on electricity prices as well as the scale, complexity and size of investments. 13) Promotion of “business & biodiversity” entrepreneurship, in particular in areas at risk of peripherality. III. Encouraging innovativeness among entrepreneurs: 1) Measures aimed at the more effective use of public funds earmarked for the financing of R&D&I, including, in particular, at increasing competitive (project-based) financing, taking advantage of government contracts implemented, inter alia , in the Public-Private Partnership formula, and improving the effectiveness of entity financing. 2) Simplification, establishment of coherence and transparency of the system of government levies, taking the needs of an effective and innovative economy into consideration. 3) Coordination of the science and innovation policy at the central level as well as consolidation of the horizontal and interdisciplinary approach to the question of knowledge-based economy. 4) Strengthening of the innovation policy at the regional level by means of, inter alia, abandoning the implementation approach (i.e. an approach subordinated to the use of EU funds) to the innovation policy in favour of a comprehensive view of the formation of innovation and transfer of technology in the region. 5) Formation of pro-innovation attitudes among entrepreneurs, in particular those from the SME sector, e.g. through educational programmes and initiatives aimed at the creation of a proinnovative organisational culture – based on appropriate procedural flexibility, including skills such as the ability to cooperate with others or digital competences. 13 Entrepreneurship in Poland 6) Rationalisation of the tax incentive scheme supporting the conduct of R&D&I activity – inefficient regulations should be replaced with an uncomplicated incentive scheme for enterprises which take risks related to R&D activity and implementation of new technologies. 7) Measures favouring market development: venture capital, business angels' network and seed capital funds, in particular with regard to investment in innovative companies at an early stage of development (seed and start-up). 8) Support for the development and promotion of the idea of creating clusters, technology platforms and other cooperative relations between entrepreneurs as well as between enterprises and scientific institutions, aimed at the implementation of innovative projects. 9) Popularisation of intellectual property culture among entrepreneurs and support for the protection of industrial property. 10) Development of the culture of academic innovative entrepreneurship by means of, inter alia, strengthening the curriculum offer of universities with modules devoted to entrepreneurship, innovation and commercialisation of technologies, as well as by involving experienced practitioners in the process of supporting academic entrepreneurship. 11) Support for the mobility of personnel in the economy and in the scientific community consisting in the promotion of professional practice in enterprises (including SMEs) for scientific staff and involvement of practitioners in research projects and educational process. 12) Support for the development of human resources for an innovative and effective economy through, among other things, involvement of the business community in the lifelong learning system, promotion and development of vocational education and training and the improvement of the management skills of entrepreneurs, especially in the SME sector. 13) Stimulation of innovation by means of promoting the use of information and communication technologies (ICT) and investment in these technologies. 14) Development of a modern and coherent system for the transfer of technology and commercialisation of knowledge, as well as the systematic improvement thereof. 15) Popularisation of advanced forms of international cooperation between Polish entrepreneurs and their foreign partners, dissemination of experience and cooperation patterns. 16) Development of the space industry in Poland, including providing support to Polish enterprises participating in the European Space Agency programmes. IV. Other measures conducive towards the development of entrepreneurship and promotion of business change management: 1) Improvement in the quality of operation of the business support institutions system in order to guarantee high quality of business services (e.g. raising the qualifications of personnel, enhancing cooperation between centres associated within business support institution networks). 2) Further actions aimed at the improvement of the functioning of the Polish administration through the implementation of systems ensuring appropriate quality of provided services and systematic personnel training. 3) Further restriction of discretionary powers in the area of administrative decisions. 4) Promotion of strategic management in enterprises, with particular emphasis on long-term formalised development plans. 5) Promotion of corporate social responsibility, especially in the SME sector. 6) Reinforcement of pro-environmental attitudes, e.g. by means of promotion of ISO 14001 and EMAS environmental management systems and of certified eco-labels. 14 Entrepreneurship in Poland 7) Support for initiatives aimed at strengthening cooperation between entrepreneurs, which leads to more effective management, including the promotion of the role of collaboration, networks and informal alliances. 8) Introduction of basic knowledge in the field of finance, accounting and economics to the curricula of upper-secondary schools. 9) Popularisation of the idea of social economy and creation of conditions favouring the development of social enterprises. Due to their long-term nature, the foregoing recommendations overlap to a considerable extent with the suggestions presented in the last year’s edition of the Entrepreneurship in Poland report. On subsequent pages, tables are presented which illustrate the general state of implementation of the 2014 recommendations. 15 Table 1. General state of implementation of recommendations provided in the last year’s edition of the report x x x x x x x x No progress in implementation Implementation in progress I. Horizontal measures aimed at ensuring entrepreneurship-friendly regulatory and institutional environment, with particular attention paid to the think small first principle: 1) Further elimination or change of regulations imposing excessive administrative, financial and reporting burdens 2) Simplification and ensuring transparency of the tax system through, inter alia, the rationalisation of tax reliefs, limitation of the number of regulations concerning VAT and the simplification thereof 3) Development of an evidence-based and stable legislative governance process through, inter alia, the development of the Impact Assessment system, improvement of the process of public consultations and effective implementation of the community law. 4) Further actions aimed to improve the functioning of the commercial judiciary by, inter alia, making it possible to fully use modern technological solutions in the course of proceedings before the courts and popularising mediation in the settlement of commercial disputes. 5) Prevention of bankruptcy of enterprises, as well as introduction and continuing application of the “new chance” policy by means of, inter alia , using early warning systems to prevent the occurrence of crisis situations in enterprises, facilitating the relaunch of business activity – the so-called new start, as well as amending the bankruptcy and restructuring law. 6) Increasing in the effectiveness of use of the assets of the State Treasury and enhancement of the transparency of rules for the functioning of public property in the economy through, inter alia , implementing privatisation processes and improving the supervision over State-owned companies. 7) Strengthening the socio-economic dialogue and increasing the activity of civil society institutions achieved by means of ensuring partnership relations between the administration and citizens, entrepreneurs and socioeconomic partners. 8) Creation of a common platform for action aimed at ensuring the implementation of the concept of sustainable growth. 9) Reduction of costs of establishing and transforming enterprises. Implemented to a large extent 2014 RECOMMENDATIONS New measures/instrume nts planned Continuous work/long-term nature STATE OF IMPLEMENTATION as at 31.07.2015 x x x x x x x x x x x x x x x x x Entrepreneurship in Poland 10) Creation of conditions for the development of enterprises by means of adopting operational programmes within the framework of the 2014-2012 financial perspective capable of meeting the needs of enterprises. II. Measures conducive towards the increase in business investment, market expansion and improvement in the efficiency of enterprises: 1) Facilitation of access to capital for enterprises at all development stages, with particular emphasis on venture capital and the SME sector. 2) Facilitating access of SME sector enterprises to state aid. 3) Simplification of procedures for leveraging EU funds, with concurrent focus on sustainability of projects and conformity with priorities of the socio-economic growth of the country and regions. 4) Popularisation of and support for the development of Public-Private Partnership (PPP), including simplification of regulations regarding implementation of projects. 5) Creation of a comprehensive and coherent system for the promotion of the Polish economy that would use available human and financial resources in an optimal manner to support the operation of Polish entrepreneurs abroad, to attract foreign investment to Poland, as well as to assist the further development of high-quality information services. 6) Extension of the range of instruments supporting the activities of entrepreneurs aimed at the development of export activity, adjusted to the stage of a development of the enterprise and to its profile. 7) Continuation – within the framework of the EU common commercial policy – of actions aimed at opening foreign markets to Polish products through the provision of useful information concerning the markets in question to Polish entrepreneurs, elimination of tariff and non-tariff barriers, as well as access to public procurement systems in third countries. 8) Creation of conditions for the growth of sustainable production and consumption as well as sustainable industrial policy by means of, inter alia , promotion of sustainable public procurement or support for the development and implementation of technological and non-technological innovations conducive towards sustainable growth. 9) Continuation of actions aimed to increase the energy efficiency of the economy, including regulations pertaining to support mechanisms and leading to the achievement of measurable energy savings. 10) Measures aimed at increasing the use of energy from renewable energy sources – having regard to the development of SMEs, based on the economic calculation, and to the development of new industries, as well as the creation of new and permanent jobs, including the use of locally available RES resources. 11) Development of new technologies of coal use through measures aimed at promoting research and development related to the use of coal for the purposes of production of liquid and gaseous fuels. 12) Promotion of nuclear power as a type of energy having a positive impact on the competitiveness of the Polish economy and Polish enterprises, including SMEs, due to the significant positive effects on energy security, positive impact on electricity prices as well as the scale, complexity and size of investments. 13) Promotion of “business & biodiversity” entrepreneurship, in particular in areas at risk of peripherality. 17 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Entrepreneurship in Poland III. Encouraging innovativeness among entrepreneurs: 1) Measures aimed at the more effective use of public funds earmarked for the financing of R&D&I, including, in particular, at increasing competitive (project-based) financing and improving the effectiveness of entity financing. 2) Simplification, establishment of coherence and transparency of the system of government levies, taking the needs of an effective and innovative economy into consideration. 3) Enhancing the coordination of the science and innovation policy at the central level as well as consolidation of the horizontal and interdisciplinary approach to the question of knowledge-based economy. 4) Strengthening of the innovation policy at the regional level by means of, inter alia, abandoning the implementation approach (i.e. an approach subordinated to the use of EU funds) to the innovation policy in favour of a comprehensive view of the formation of innovation and transfer of technology in the region. 5) Formation of pro-innovation attitudes among entrepreneurs, in particular those from the SME sector, e.g. through educational programmes and initiatives aimed at the creation of a pro-innovative organisational culture. 6) Rationalisation of the tax incentive scheme supporting the conduct of R&D&I activity – inefficient regulations should be replaced with an uncomplicated incentive scheme for enterprises which take risks related to R&D activity and implementation of new technologies. 7) Measures favouring market development: venture capital, business angels' network and seed capital funds, in particular with regard to investment in innovative companies at an early stage of development (seed and start-up). 8) Support for the development and promotion of the idea of creating clusters, technology platforms and other cooperative relations between entrepreneurs as well as between enterprises and scientific institutions, aimed at the implementation of innovative projects. 9) Popularisation of intellectual property culture among entrepreneurs and support for the protection of industrial property. 10) Development of the culture of academic innovative entrepreneurship by means of, inter alia, strengthening the curriculum offer of universities with modules devoted to entrepreneurship, innovation and commercialisation of technologies, as well as by involving experienced practitioners in the process of supporting academic entrepreneurship. 11) Support for the mobility of personnel in the economy and in the scientific community consisting in the promotion of professional practice in enterprises (including SMEs) for scientific staff and involvement of practitioners in research projects and educational process. 12) Support for the development of human resources for an innovative and effective economy through, among other things, involvement of the business community in the lifelong learning system, promotion and development of vocational education and training and the improvement of the management skills of entrepreneurs, especially in the SME sector. 13) Stimulation of innovation by means of promoting the use of information and communication technologies (ICT) 18 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Entrepreneurship in Poland and investment in these technologies. 14) Development of a modern and coherent system for the transfer of technology and commercialisation of knowledge, as well as the systematic improvement thereof. 15) Popularisation of advanced forms of international cooperation between Polish entrepreneurs and their foreign partners, dissemination of experience and cooperation patterns. 16) Development of the space industry in Poland, including providing support to Polish enterprises participating in the European Space Agency programmes. IV. Other measures conducive towards the development of entrepreneurship: 1) Improvement in the quality of operation of the business support institutions system in order to guarantee high quality of business services (e.g. raising the qualifications of personnel, enhancing cooperation between centres associated within business support institution networks). 2) Further actions aimed at the improvement of the functioning of the Polish administration through the implementation of systems ensuring appropriate quality of provided services and systematic personnel training. 3) Further restriction of discretionary powers in the area of administrative decisions. 4) Promotion of strategic management in enterprises, with particular emphasis on long-term formalised development plans. 5) Promotion of corporate social responsibility, especially in the SME sector. 6) Reinforcement of pro-environmental attitudes by means of promotion of ISO 14001 and EMAS environmental management systems and of certified eco-labels. 7) Support for initiatives aimed at strengthening cooperation between entrepreneurs, which leads to more effective management, including the promotion of the role of collaboration, networks and informal alliances. 8) Introduction of basic knowledge in the field of finance, accounting and economics to school curricula. 9) Popularisation of the idea of social economy and creation of conditions favouring the development of social enterprises. 19 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Entrepreneurship in Poland 1. MACROECONOMIC SITUATION IN POLAND IN 2014 One of the primary factors determining the level of economic activity in 2014 was the continued uncertainty with regard to the possible economic developments which may take place on a global scale. In 2014, despite the poor economic performance of the eurozone countries, Poland experienced significant economic growth which made it one of the leaders in this regard. The factors which proved conducive to the achievement of this objective included both the significant investment activity of domestic enterprises and the increase in consumption. The good condition of the enterprise sector is evidenced by the dynamic increase in investments. In 2012, the level of investments made by enterprises increased by 8.7%. The most significant increase was recorded with respect to expenditure on means of transport, although there was also a marked increase in terms of the machinery and equipment purchased, which shows that enterprises continue to expand their manufacturing potential at the expense of modernisation. The intensified investment activity encouraged companies to increase their debt under long-term loans. Energy and transport companies showed the highest activity in this regard. This was facilitated by the high capability of enterprises to finance new projects and low costs of acquiring external financing. However, the investment growth rate in the SME sector remained low following the steep decline in Q2 2014. As a result, the pace of asset recovery in the SME sector has seen a decline from the beginning of the year 2014 onwards1. At the same time, the number of new projects in the SME sector (involving both modernisation works and the extension of the manufacturing potential) was rising dynamically during the relevant period. The high import intensity of both investment activity and consumption resulted in a dynamic import growth. The fact that the import dynamics exceeded the export dynamics resulted in a situation where the net export had a negative impact on the GDP. The stocks have also been adjusted during the period in question, making a positive contribution towards the GDP growth. The changes in stocks (finished products as well as materials and feedstock) experienced in Q4 were determined by the need to perform a revaluation of stocks in the fuel sector as a result of the falling fuel prices. Employment has been rising since the beginning of 2014; on average, employment in the enterprise sector was 0.6% higher than in 2013, with employment in the economy as a whole exceeding the corresponding figure for 2013 by 1%. The real annual salary growth rate remained at the level above 3%. The conditions prevailing in the economic environment of Poland in 2014 have posed a number of challenges for the process of creation of added value on the domestic market. The problems of the eurozone (including the sluggish internal demand growth) as well as fiscal issues of countries such as Greece have served to boost risk aversion. In addition, restrictions imposed on Polish exports by the Russian Federation have resulted in an export growth slowdown and forced the affected enterprises to redirect their exports elsewhere. Poland is one of the countries which are able to take advantage of their economic attractiveness to a considerable extent. Due to the fact that the crisis had only a limited impact on the economy, the inflow of FDI is still significant. The analysis of data related to foreign direct investments in Poland and data presented in the balance of payments shows that the value of FDI inflow to Poland constituted on average approx. 80% of the balance (the “direct investments liabilities” position). If such relationship 1Financial situation of the enterprise sector in Q4, 2014, the National Bank of Poland, April 2015. 20 Entrepreneurship in Poland was also maintained in 2014, it may be assumed that Poland received approx. EUR 8-8.5 billion from FDI during that year2. It appears that Poland has managed to overcome the unfavourable trend with respect to the inflow of FDI. In 2014, the deficit of the central and local government institutions sector amounted to minus 3.2% of the GDP, while the debt attained the level of 50.1% of the GDP. The decreased debt of this sector is primarily the result of the pension system reform which resulted, inter alia, in the redemption of treasury bonds transferred from Open-End Pension Funds to the Social Security Institution (ZUS) in February 2014. 1.1 Economic growth and its contributing factors After a slowdown observed in 2009 (GDP growth of 2.6%) and a visible acceleration in the years 20102011 (GDP growth of 3.7% and 4.8%), the subsequent years brought another decline in economic growth as a result of the second wave of the crisis. Nevertheless, compared to other EU Member States, the economic results achieved by our country were relatively good and placed Poland among European growth leaders. In 2014, the GDP growth of the Polish economy amounted to 3.4% Year 2014 began with a significant increase of the GDP growth rate. In the subsequent quarters, the growth rate remained on a stable level, significantly exceeding 3% (compared to the corresponding period during the previous year). This was made possible due to the increased consumption dynamics as well as the evident rebound of investment demand. Domestic demand constituted the economic growth driver in 2014, with a contribution to the economic growth rate amounting to 4.6 pp., in contrast with the concurrent negative impact made by international demand (-1.4 pp). The growing investment demand constitutes a proof of improvement in the economic situation of enterprises. From Q3, 2014 onwards, the expenditure on machinery and equipment formed the main investment growth factor. The increase in investment dynamics is also the result of intense activity on the part of the largest economic operators. It is also apparent that small and medium enterprises also make efforts aimed at ensuring their development. This phenomenon was aided, inter alia, by favourable tax law provisions which encouraged entrepreneurs to acquire new means of transport. The total investment of enterprises in 2014 attained the value of nearly PLN 120 billion. This is an unprecedented figure which also tops the previous record of 2008 (in nominal terms). The primary contributing factors include large-scale projects in the energy and railway transport sector. However, the relation between investments and the assets of enterprises has still failed to attain the value from the period of economic revival (2006/2007). On the other hand, the fact that the results for Q1 2015 seem to confirm that the positive trend is here to stay can certainly be considered good news. During the successive quarters of 2014, consumption demand was also rising successively when viewed on a year-to-year basis. The contributing factors were the evident improvement in terms of annual government consumption as well as the stable growth of individual consumption. The improvement in terms of real dynamics of household incomes had a significant impact on consumption demand, as did the increased consumer credit dynamics coupled with the improved voluntary savings rate. Consumer confidence has also seen an improvement. The attitude of consumers was boosted by 2On the basis of the data presented by the National bank of Poland and due to changed methodology in which data regarding foreign direct investments are presented, the value of FDI inflow to Poland in 2014 may only be estimated. Data on FDI inflow for 2014 will be published by the National Bank of Poland at the end of 2015. According to UNCTAD estimates, Poland received approx. EUR 10.5 billion from FDI. 21 Entrepreneurship in Poland the optimistic signals from the labour market, i.e. the falling unemployment and increased employment rate. Chart 1 GDP growth demand breakdown 14.0% 12.0% Net export Accumulation Collective consumption Private consumption 10.0% 8.0% 6.0% 4.0% 2.0% 0.0% -2.0% -4.0% Q4 2014 Q1 2014 Q2 2013 Q3 2012 Q4 2011 Q1 2011 Q2 2010 Q3 2009 Q4 2008 Q1 2008 Q2 2007 Q3 2006 Q4 2005 Q1 2005 Q2 2004 Q3 2003 Q4 2002 Q1 2002 Q2 2001 Q3 2000 Q4 1999 Q1 1999 Q2 1998 Q3 1997 Q4 1996 Q1 1996 -6.0% Source: A study by the SAD MoE3 on the basis of the Central Statistical Office data. Changes in the structure of domestic and foreign demand are strictly related to the role played by particular sectors of the economy in the economic growth over the years. In 2014, the service sector, which had been developing for a couple of years, maintained its positive contribution to the creation of value added. After the period of economic downturn in 2009, during which the contribution of industry to GDP formation became almost neutral, in 2010 the impact of industry on GDP growth became positive again. This trend was maintained in 2014, albeit at a smaller scale. In years 2012-2013, the construction was hit by recession. It was only in Q3, 2013 that it has experienced an evident rebound. The revival lasted until Q1, 2014; however, despite the decline recorded in Q2 and Q3, the construction and assembly output during the entire year 2014 has increased. Table 2. GDP growth breakdown in the EU, Germany and Poland in years 2003-2014 EU internal demand external demand Germany internal demand external demand Poland internal demand external demand 2003 1.5 2.0 -0.5 -0.7 0.3 -1.0 3.6 2.6 1.0 2004 2.5 2.3 0.2 1.2 -0.3 1.4 5.1 6.4 -1.3 2005 2.0 2.1 0.0 0.7 0.1 0.6 3.5 2.5 1.0 2006 3.4 3.3 0.1 3.7 2.7 1.0 6.2 7.2 -1.0 2007 3.1 3.1 0.0 3.3 1.7 1.6 7.2 9.6 -2.4 2008 0.5 0.3 0.2 1.1 1.0 0.0 3.9 5.2 -1.2 2009 -4.4 -4.3 -0.1 -5.6 -3.0 -2.6 2.6 -0.3 2.9 2010 2.1 1.7 0.4 4.1 2.8 1.3 3.7 4.2 -0.5 2011 1.7 0.8 0.9 3.6 2.9 0.7 4.8 3.9 0.9 2012 2013 2014 -0.5 0.1 1.3 -1.6 -0.2 1.5 1.0 0.3 -0.2 0.4 0.1 1.6 -0.9 0.6 1.3 1.3 -0.5 0.3 1.8 1.7 3.4 -0.4 0.4 4.9 2.1 1.3 -1.4 Source: Calculations performed by the Strategy and Analysis Department of the Ministry of Economy on the basis of Eurostat data 3Strategy and Analyses Department of the Ministry of Economy. 22 Entrepreneurship in Poland In 2012, the economy was hit by the so-called second wave of the crisis; its impact in Poland, however, was less pronounced than in most EU countries. Year 2014 saw the economy continue along the path towards recovery, coupled with the rebounding internal demand. Meanwhile, in Poland, the positive impact of internal demand (resulting mostly from the increase in investment) was accompanied by the negative influence of external demand. The import dynamics exceeded the export dynamics, resulting in an increased external imbalance. Chart 2 Breakdown of GDP growth by sectors in the years 2003-2014 8.0 Other 7.0 Public services, social insurance, education Healthcare and social welfare Professional, scientific and technical activities Administration and supporting activities Real estate market services 6.0 5.0 Financial and insurance activities Information and communication 4.0 Accommodation and catering 3.0 Transportation and storage 2.0 Trade and repair of motor vehicles Construction 1.0 Industry Agriculture 0.0 Gross value added -1.0 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 GDP Source: A study by DSA MG based on Eurostat data. In 2014, all main sectors of the economy have contributed towards the increase of the value added within our economy. The good performance of the services sector as well as industry (bearing in mind that the latter accounts for nearly 25% of the GDP) have made the most significant impact. 1.2 Investments The increase in investment expenditure in 2014 was caused by the fact that the conditions in which companies operate have been increasing steadily throughout the year as well as by the decrease in uncertainty, which had significantly hindered the activities performed by entrepreneurs during the previous years. Gross fixed capital formation in 2014 increased by 9.2% compared to an increase of 1.1% in 2013. The first half of 2014 in particular saw an increased investment activity compared to the corresponding period in 2013 (which was partially due to the so-called base effect). During the first two quarters of 2014, investments increased by 11.4% and 8.7% respectively, rising by 9.2% in Q3 and by a further 8.6% in Q4. The upsurge in investments which was also seen in Q1, 2015 shows an increasingly positive perception of both the present and future situation, as evidenced by the increased activity in terms of implementation of investment plans. Table 3. Gross investment outlays of the private sector as a percentage of the GDP Poland EU-28 2006 4.0 3.2 2007 4.5 3.2 2008 4.8 3.4 2009 5.1 3.7 2010 5.6 3.5 Source: Eurostat; * – preliminary data. 23 2011 5.9 3.3 2012 4.7 3.0* 2013 4.1 2.9* 2014 4.4 2.9* Entrepreneurship in Poland Compared to the previous period, public sector investment has declined in years 2012-2013. The decreased level of investment outlays of the government sector was related to the continuation of the public finance consolidation process and the completion of a couple of infrastructure projects launched in previous years. In 2014, public investment outlays in Poland have shown an increase (both in nominal terms and in relation to the GDP) compared to the previous year, accounting for 4.4% of the GDP4. This was the sixth highest figure among all European Union Member States. The public sector became involved in large-scale investments in Hungary (5.2%), Slovenia (5.1%), Estonia (5.1%), Bulgaria (5%) and Sweden (4.5% of the GDP). In Poland, the contribution of private investments towards GDP formation was three times greater than that of public investments. The former category of investments have been supporting public investment in the process of generating economic growth for quite some time now. Over the next few years, an additional impetus for investment should be the Polish Investments programme and funds provided within the framework of the 2014-2020 financial perspective. Table 4. Gross investment outlays of the private sector as a percentage of the GDP Poland EU-28 2006 15.8 18.1* 2007 17.4 18.6* 2008 17.8 18.3* 2009 16.0 16.2* 2010 14.2 15.8* 2011 14.4 16.0* 2012 14.7 16.6 2013 14.7 16.3 2014 15.1 16.4 Source: Calculations performed by the Strategy and Analysis Department of the Ministry of Economy on the basis of AMECO, * – data for EU-27. The acceleration of the growth in investment outlays in the years 2006-2008 increased the share of private sector investment outlays in the GDP to the level similar to the one recorded in the most developed EU economies. In subsequent years, outlays of the private sector significantly decreased. The foregoing, accompanied with a high growth in public sector outlays, resulted in a considerable decrease in the share of private sector in total expenditure. In 2012, a slight increase was observed in the ratio of the share of private sector to GDP. The data regarding the year 2013 indicates a stabilisation of the ratio at the level recorded in 2012. The data for 2014 and Q1 2015 demonstrates that the revival was by no means temporary, while the investment choices made by companies and the financial assets held indicate that this category of investment is strengthening its position in terms of driving economic growth in Poland. The economic situation in the EU as well as the slow pace of recovery following the 2008+ crisis are the determining factors for both the activity of the processing sector and the level of manufacturing capacity usage in both Poland and other EU Member States. Following the 2008 decline, the level of manufacturing capacity utilisation in the entire European Union has began to rise in the second half of 2009. This upwards trend has subsequently suffered a slowdown due to the weakening of the European economy and the decline in industrial production. As a result, the utilisation of manufacturing capacities in Poland in the first half of 2013 fell below 73%. The gradual economic revival has made it possible for manufacturing capacity usage to increase as early as the second half of 2013. In 2014, the trend has continued, with manufacturing capacity usage reaching the level of 78.5% in Q4 2014. Despite the clearly apparent upswing, this ratio continues to remain both below the EU average and below the level attained prior to the 2008-2009 crisis (80.3% in Q1 2008). The private and public investment dynamics for 2014 cannot be compared to the previous years due to the inclusion of PKP PLK S.A. to the government sector in 2014, which has resulted in an increase of the general government sector (public) investments by more than PLN 7 billion (2.1 of all investments in total) and the concurrent decrease of the non-general government sector (private) investments. 4 24 Entrepreneurship in Poland In years 2011-2013, the ratio of gross fixed capital formation to the GDP in Poland showed a downwards trend, falling from 20.3% in 2011 to 18.8% in 2013. In 2014, this ratio bounced back to the level of 19.5%, slightly exceeding the EU average (19.3%). The activity of foreign investors was hampered by the weaker rate of economic growth in Poland on one hand and by slowdown in the majority of European countries and in the United States of America – which were a significant source of foreign capital flowing into Poland – on the other hand. Weaker economic situation also means lower reinvested profits which in the case of Poland still constitute an important position in the capital structure of FDI inflow. FDI statistics were mostly affected by transactions of special purpose entities and related capital outflow in transit. Their value in 2013 was estimated at approx. EUR 2.8 billion, whereas in 2012 the FDI value remained at the level of EUR 4.1 billion5. As a result, the value of the capital inflow from FDI in 2013 amounted to EUR 2.2 billion. In 2013, investments having the greatest value originated from the following European countries: United Kingdom (EUR 3.3 billion), Germany (1.9 billion), Switzerland (EUR 955 million), Austria (792 million) and the Netherlands (EUR 619 million). As far as sectoral breakdown is concerned, most FDI-related funds were allocated to industrial processing services (EUR 1.5 billion). In turn, fewer funds were allocated to services (EUR 1.2 billion). It appears that Poland has managed to overcome the unfavourable trend with respect to the inflow of FDI. According to preliminary UNCTAD6 estimates, the inflow of FDIs to Poland in 2014 amounted to approximately EUR 10.5 billion7, placing Poland among the top 20 recipients of FDI. This improvement over the results seen in the previous years is, on one hand, the result of a consistent economic policy aimed at attracting foreign investors and, on the other hand, the consequence of the prevailing economic stability and the constantly improving rate of development of the environment for investments, which has a positive impact on the manner in which Poland is assessed in terms of attractiveness for investors. 1.3 Foreign trade and exchange rate The dynamics of the Polish export largely depends on the global economic conditions, including, in particular, the conditions on the markets of our main trade partners. The European Union remains a crucial market which receives 77% of all Polish goods sold abroad. Recently a slow but stable economic recovery has been observed in the European Union. According to OECD data, following the stagnation recorded in the EU in 2013, including the GDP decrease of 0.3% in the eurozone, year 2014 brought about a growth of the EU economies at the level of 1.3%, including 0.9% in the eurozone countries. The increased GDP growth rate in the EU, including the United Kingdom (up to 2.8%), Slovakia (2.4%), Hungary (3.6%), the Czech Republic (2%) and Germany (1.6%) has translated into an upsurge in terms of internal demand, which has reached the following values for the markets specified above: 3.4%, 2.9%, 4.1%, 2.2% and 1.3%, respectively. 5 In accordance to the methodological guidelines of OECD, data on foreign direct investments (FDI) include also capital in transit, i.e. capital flows made by special purposes entities. In economic terms, FDI has a neutral impact on the economy of the recipient country. 6 Calculations based on the assets/liabilities approach. 7 Based on the annual average EUR/USD exchange rate = 1.3300 25 Entrepreneurship in Poland The events taking place on the other side of our Eastern border had a significant impact on the Polish merchandise trade in 2014. The position of Russia in the context of the ongoing conflict in Ukraine, declining prices of crude oil and foreign sanctions emphasised the economy’s hidden structural weaknesses which have been known for a number of years, resulting in a substantial depreciation of RUB and, in consequence, higher inflation. The problematic financial situation, international economic sanctions and diminishing credibility translated into a more than twofold slowdown of the economic growth in Russia (down to 0.6% in 2014). The above factors have concurrently brought about the deterioration of the economic situation in the whole CIS, whose GDP increased in 2014 by 1% as compared to 2.2% a year earlier. The PLN exchange rate against two main settlement currencies in the Polish trade exchange, i.e. EUR and USD, had a relatively neutral impact on the foreign commercial exchange in 2014. On an annual scale, the average exchange rate of the euro and the US dollar were lower by 0.3% and 0.2% respectively. The relatively slight exchange rate fluctuations have resulted in an almost negligible change of the NEER (the exchange rate of the PLN in relation to the main currencies basket), which fell by 0.3% in both 2013 and 2014, which means that the competitiveness of Polish export has once again suffered a slight decline. According to the data provided by the Central Statistical Office of Poland, in 2014, export of goods from Poland increased by 7%, reaching the value of EUR 165.8 billion. In contrast, import amounted to EUR 168.4 billion and was 7.3% higher than in 2013. As a result, the merchandise trade deficit amounted to nearly EUR 2.7 billion, which was almost EUR 0.7 billion higher than in 2013. In turn, from a balance of payments perspective, the data of the National Bank of Poland indicated that the export of goods amounted to EUR 157.2 billion and was 5.6% (i.e. by almost EUR 8.4 billion) higher than in the previous year, while import reached the value of EUR 158.9 billion, which was 7.2% (i.e. by nearly EUR 10.7 billion) higher than in the previous year. As a result, the EUR 635 million surplus recorded during the previous year was transformed into a deficit of EUR 1.6 million in 2014. In 2014, the proportion of turnover in goods and services to GDP, which has been rising for a number of years now, saw a further improvement. While in 2000 and 2004 the ratio in question was 60% and 71.5% respectively, in 2014 it reached the level of 92%, rising by approx. 2 pp. compared to the previous year. Table 5 Proportion of export of goods and services to GDP in years 2004-2014 2004 2005 GDP dynamics in % GDP in PLN billion 5.1 3.5 2006 2007 2008 2009 2010 2011 2012 2013 2014 6.2 7.2 3.9 2.6 3.7 4.8 1.8 1.7 3.4 927.3 984.9 1,065.2 1,186.8 1,277.3 1,361.8 1,437.4 1,553.6 1,615.9 1,662.7 1,728.7 Export in PLN billion 319.2 342.5 404.6 457.8 486.3 508.9 577.8 665.8 723.1 766.7 809.9 Export/GDP in % 38.0 38.6 38.1 37.4 40.2 42.9 44.7 46.1 46.8 34.4 34.8 Source: Study by DSA ME on the basis of NBP and CSO data. Unlike during the past few years, in 2014 significantly better results were achieved in terms of export to economically developed countries (up by 9.8% to the level of approx. EUR 139.4 billion) compared to the export to the less developed ones (down by 5.8% to the level of approx. EUR 26.4 billion). The situation in terms of import was rather different, with imports from the former group of countries rising at an almost average pace (up by 7.2% to the level of EUR 111 billion) and the imports from the latter 26 Entrepreneurship in Poland group rising slightly faster than average (up by 7.6% to the level of EUR 57.4 billion). This has allowed the turnover surplus with respect to the trade with developed markets to increase, reaching the level of EUR 5 billion (up to EUR 28.4 billion); at the same time, the trade deficit with the developing markets increased by nearly EUR 5.7 billion, reaching the level of approx. EUR 31.1 billion. Export to the EU increased in 2014 by 10.4%, attaining the level of EUR 128.4 billion); exports to the eurozone rose by 11.5% (up to EUR 89.1 billion), while exports to other EU countries saw an 8% increase, attaining the level of approx. EUR 39.3 billion). It follows that the trend for rapid growth of export of goods to the EU markets outside the eurozone compared to export to eurozone countries was reversed. As for the main Poland’s export partners in the EU, a visible increase could be seen in the case of exports to: Latvia (up by 24.8%), Spain (by 17.6%), Romania (by 12.6%), Italy (by 12.4%), the Netherlands (by 12.3%) and Germany (by 12.2%). The slower growth of import from the EU (up by 8.3% to the level of EUR 99.5 billion) concurrently translated into an increase in the trade surplus with this group of countries by nearly EUR 4.5 billion, attaining the level of EUR 28.9 billion. Recovery of import was also visible, as in 2014 it increased by 2.7% (up to EUR 11 billion) in comparison to 20.3% in 2013. This was mostly the result of the decline of export to Norway, which fell by 9.7% to the level of EUR 2.8 billion. The decrease of export to developing markets recorded in 2014 resulted from a decline of export to the CIS (down by 16.8%, to EUR 12.8 billion), including to Russia (down by 14%), Ukraine (down by 27%) and Belarus (down by 12%). Import from this group of countries fell at a markedly slower pace, decreasing by 3.2% (down to the level of EUR 21.2 billion), which resulted in an increase of the trade deficit with the CIS by nearly EUR 1.9 billion, to the level of EUR 8.4 billion. On the other hand, sales to non-CIS developing countries grew at a relatively fast pace (by 7.5%), reaching the value of EUR 13.6 billion. The markets which have experienced a particularly dynamic rise in the export of Polish products included Algeria (a nearly twofold increase), UAE (up by 48%), Saudi Arabia (up by 36.5%), Hong Kong (up by 17.1%), Singapore (up by approximately 12%) and India (up by 11.7%). At the same time, the value of import from this group of countries, which had already been significant, increased even further in 2014, rising by 15% and attaining the level of almost EUR 36.3 billion), which has translated into the further increase of the negative balance of exchange (up by EUR 3.8 billion to the level of approximately EUR 22.6 billion). Chart 3 Geographic structure of Polish exports and imports in 2014 Export, share in % import, share in % 8.2% European Union 7.7% 21.5% 6.6% Other developed CIS 12.6% 59.1% Other developing 6.8% 77.5% Source: A study by the Strategy and Analyses Department of the Ministry of Economy on the basis of the Central Statistical Office data. 27 Entrepreneurship in Poland In terms of trade in goods, there has been an above-average increase in the export of light industry products (up by 12.9%), electromechanical products (up by 8%), wood and paper products (up by 8.7%) and agricultural and food products (up by 7.1%). The balance of exchange decreased in 2014 in 5 commodity groups, including the trade in metallurgical products (down by approx. EUR 840 million), chemical products (down by approx. EUR 790 million) and light industry products (down by approx. EUR 700 million). On the other hand, the balance of exchange in other areas, including the trade in agricultural and food products (up by approx. EUR 630 million) has increased. 1.4 Labour market In 2014, the situation on the labour market has improved. The number of employed persons aged 15 and over amounted to 15.9 million, while the number of employed persons aged 20-64 amounted to 15.5 million (which means that, in both groups, employment increased by 0.3 million compared to 2013). During the said period, the employment rate indicating the number of employed persons aged 20-64 in the overall population in this age group amounted to 66.5% (the target for Poland to be achieved by 2020 in accordance with the Europe 2020 strategy is 71%). Table 6. Situation in the Polish labour market in the years 2001-2014 in the 20-64 age group (annual average, %) 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Item : Professional activity rate 72.4 71.5 70.8 70.6 70.9 69.7 69.4 69.9 70.6 71.1 71.3 71.9 72.3 73.0 Employment rate 59.4 57.4 57.1 57.3 58.3 60.1 62.7 65.0 64.9 64.3 64.5 64.7 64.9 66.5 18.1 19.7 19.3 19.0 17.7 13.8 LFS unemployment rate* Registered unemployment rate at the end of the year** 17.5 9.6 7.0 8.1 9.5 9.5 10.0 10.2 8.9 18.0 20.0 19.0 17.6 14.8 11.2 20.08 9.5 12.1 12.4 12.5 13.4 13.4 11.5 Source: Professional activity rate, employment rate and LFS unemployment rate – Labour Force Survey (LFS); registered unemployment rate – Central Statistical Office (CSO). * the data from 2010 onwards is not fully comparable with the preceding years due to, inter alia, the inclusion of the results of the 2011 National Census; ** applies to persons aged 18 and over who have not yet attained their retirement age. Following the systematic increase of the employment rate for the EU-28 from 2002 onwards, the onset of the economic crisis in 2009 and 2010 has caused this tendency to be reversed, leading to a decrease in employment rate by 1.4 and 0.3 percentage points, respectively. In 2014, employment rate amounted to 69.2% (up by 0.8 p.p.). The employment rate in Poland (66.5%) is still one of the lowest in the European Union. An employment rate lower than in Poland was recorded in Bulgaria (65.1%), Romania (65.7%), Spain (59.9%), Greece (53.3%), Croatia (59.2%), Slovakia (65.9%), Italy (59.9%) and Malta (66.3%).9 In 2014, the average employment level10 amounted to 9.597 thousand (up by 1% compared to 2013). The average employment in the enterprise sector run at the level of 5.529 thousand, which is 0.6% 8 In 2002, the registered unemployment rate was adjusted of the basis of demographic data and the data concerning agricultural population and activities, obtained in the course of the National Census. Figures before (18.0%) and after the adjustment (20.0%). 9LFS Eurostat data for the age group of 20-64 years. 10 Complete group of entities. 28 Entrepreneurship in Poland more than in 2013 (when compared to the decrease by 1% the year before). Growth was recorded, inter alia, in professional, scientific and technical activity, information and communication, administration and supporting activities and in manufacturing. The sharpest decline in employment was recorded in the construction and mining sectors and quarrying and in the field of electricity, gas, steam and air conditioning supply. In 2014, there were 1,515.1 thousand unemployed persons in Poland within the 20-64 age group. The number of unemployed persons decreased by 222.2 thousand compared to 2013. The unemployment rate (LFS) amounted to 8.9%; in the case of women it amounted to 9.5%, while in the case of men to 8.4%.11 According to the registered unemployment statistics, 1,825 thousand persons remained unemployed as at the end of 2014. The registered unemployment rate amounted to 11.5% and was 1.9 pp. lower compared to the previous year. The very large territorial diversity of unemployment has persisted. At the end of 2014, the level of registered unemployment decreased in all provinces compared to 2013. The highest increase in unemployment rate was recorded in Warmińsko-Mazurskie (18.9%), KujawskoPomorskie (15.7%) and Zachodniopomorskie (15.6%) Provinces. The lowest unemployment rate was recorded in Wielkopolskie (7.8%), Śląskie (9.6%), Mazowieckie (9.8%) and Małopolskie (9.9%) Provinces. The unemployment in Poland tends to be long-term in nature. Among the unemployed registered at employment offices, more than 57% are the long-term unemployed. In Poland, similarly as in most EU countries, the level of employment of young persons poses a serious problem. Only a few countries may take pride in high employment rates in this age group – the rate for the Netherlands and Malta is close to 70%. Together with deterioration of the economic situation in the aftermath of the global financial crisis in 2009, the trend consisting in the improvement of employment rates among the youngest employee groups was reversed. In 2014, only 24% of young Greeks and nearly 30% of persons aged 20-24 in Spain and Italy, as well as more than 30% of such persons in Croatia, Bulgaria and Luxembourg were employed. Poland, with its employment rate of 43.8% in this age group, also negatively deviates from the EU average. A distinct disproportion (more than 9 percentage points) between the figures for Poland and the EU is also visible in the older age groups (for persons aged 55-64). There is a clear correlation between the level of education and the unemployment rate. Higher education remains a factor which significantly decreases the risk of unemployment. Furthermore, it is necessary to note that the unemployment rate in this group in Poland was lower than the EU-28 average and in 2014, like in the previous year, it amounted to 4.7% (EU-28: 6.1%). The improvement of vocational qualifications is not a common phenomenon in Poland. In the 2011– 2013 period, only 4.5% of all the unemployed indicated a lack of qualifications required by the employer as a (subjective) reason for remaining without a job. From 2011 to 2013, only 9.6% of people aged 25 and over participated in any activity linked with raising their vocational qualifications and other skills (compared to 10.7% in the years 2009-2011). The analysis of the structure of these persons indicated that training activities were more often undertaken by women (56.1% to 43.9%).12 Having regard to the need to reform the Polish labour market, the Act of 14 March 2014 amending the Act on the Promotion of Employment and on Labour Market Institutions as well as Certain Other Acts, 11BAEL, Central Statistical Office (GUS) data. Age group: 20-64. J., Panek T. (eds.) (2013) Social Diagnosis 2013, Social Monitoring Council, Warsaw. 12Czapiński 29 Entrepreneurship in Poland containing innovative solutions aimed at, inter alia, increasing the impact of labour market policy, mitigating the effects of structural mismatch, and improving the effectiveness of labour market policy, was developed. Training courses and traineeships are the most popular active forms of counteracting unemployment. In 2014, employment offices referred 221.6 thousand persons for internships (an increase by 11.6% compared to the previous year, since the figure for 2013 was 195.8 thousand). A total of 79.2 thousand persons, i.e. 7.6% less than in the previous year, were referred for training; however, the persons referred for training accounted for 4% of all registered unemployed persons, compared to 3.9% (85.7%) in 2013. In addition, in order to ensure a better adaptation of qualifications to labour market requirements, the amendment to the Act on the Promotion of Employment and Labour Market Institutions introduced a new solution as of 27 May 2014 – tripartite training agreements, a voucher system (e.g. internship and training vouchers) and the National Training Fund (NTF). The above-mentioned fund is a systemic solution aimed at employers and facilitating the re-training or updating of knowledge and skills of employed persons. From 27 May to 31 December 2014, more than 1,716 thousand employers submitted applications for NTF funds; employers with up to 9 employees accounted for 36% of the amount in question. Approximately 11.5 thousand of those persons were granted support under the National Training Fund (NTF). Tripartite training agreements are concluded between the district governor, employer and training institution. As at December 31, 2014, a total of 212 individuals have completed their participation in this support scheme. The system of vouchers is addressed to unemployed persons below the age of 30. From the date of entry of the amendment to the Act into force to 31 December 2014, nearly 13.9 thousand applications for an internship voucher and nearly 3 thousand applications for a training voucher were submitted, of 2.6 thousand (88%) of which were approved. As a result of Poland’s accession to the European Union in 2004 and a gradual opening of labour markets by individual EU Member States, many Polish citizens decided to seek employment abroad. This resulted in a significant increase in emigration in the first years after the accession. The results of the 2011 general census indicated that 2 million permanent Polish residents stayed abroad for longer than 3 months when the census was conducted. Among all countries which have, over the years, been the main destinations for Polish emigrants, a significant increase in the number of arriving Poles was recorded in Germany and the United Kingdom. Ireland, the Netherlands and Norway are also popular destinations. Poles are the biggest immigrant group in Norway. Apart from emigration for economic reasons, another phenomenon which can be seen nowadays is that of return migration. The main cause of return migration in the years 2011-2013 were economic reasons (declared by 36.1% of return emigrants in 2013), such as: loss of employment, smaller income in comparison to the income earned in Poland and inability to find employment abroad. Short-term economic migration constitutes an element of a life plan for an increasing number of people, to whom a the natural next step in such a plan is to settle in Poland again (23.3% of answers in 2013).13 According to the data from the 2011 National Census, 49.7% of emigrants considering to return to Poland, 11.7% 13Czapiński J., Panek T. (eds.) (2013) Social Diagnosis 2013, Social Monitoring Council, Warsaw. 30 Entrepreneurship in Poland do not intend to return, while the remaining persons do not have any specific plans.14 The number of immigrants in Poland is negligible, with foreigners accounting for only 0.2% of permanent residents of Poland. One of the reasons why foreigners immigrate to Poland is to take up employment. In 2014, over 43.6 thousand work permits for foreigners were issued in Poland. The most numerous group of recipients of such permits were Ukrainians (60.3%), Vietnamese nationals (5.4%), Chinese nationals (4.9%) and Belarusians (4.2%). The greatest number of foreigners took up employment in the construction industry, wholesale and retail trade and in private households.15 In 2006, a simplified procedure for the short-term employment of Russian, Belorussian, Ukrainian (then also Georgian, Moldavian and Armenian) nationals was introduced, requiring no work permit to be obtained. In order to undertake work in Poland for a period not exceeding 6 months within a period of 12 subsequent months, citizens of these countries need only to hold the employer’s declaration of intent as regards entrusting work to them, and a permit for staying in Poland which confers upon them an entitlement to perform works (e.g. a visa). Owing to the simplified procedures, the number of foreigners working in Poland has increased. In 2014, 387.3 thousand of such declarations were registered, which is 64.4% more than in 2013. Over 96% of all declarations pertained to Ukrainian nationals. Main sectors of employment were agriculture, construction and manufacturing.16Data for January and February 2015 indicate an increasingly rapid growth in the number of registered declarations. By the end of February 2015, more than 127.4 thousand declarations were registered (i.e. 151% more compared to the corresponding period in 2014).17 The highest demand for work performed by foreigners was recorded in the Mazowieckie Province – over a half of issued permits and registered declarations pertained to the province in question. Most foreigners are in fact employed in a relatively small number of districts, including: the Capital City of Warsaw, Płoński, Grójecki, Wrocławski, Kraśnicki, Buski, Poznański and Piaseczyński district. 1.5 Labour costs Compared to year 2013, the labour costs in 2014 (expressed in EUR) increased in 22 European Union countries (EU-28) and decreased in the remaining six. The average labour cost increase in EU Member States amounted to 1.1%. Labour costs have increased to the most substantial degree in the UK – up by 6.7%, in Estonia – up by 6.6%, and in Latvia – up by 6%. During the corresponding period, the most significant decrease in labour costs was recorded in the Czech Republic – down by 3.8%, in Cyprus – down by 2.8%, and in Sweden – down by 2.2%. The costs of labour in Poland increased by 3.8% YOY. According to Eurostat data, the average labour cost indicator for the whole EU-28 region (exclusive of agriculture and public administration) amounted to EUR 24.6; the highest cost was recorded in Denmark (EUR 40,3), and the lowest in Bulgaria (EUR 3.8). As for the eurozone (SE-18) countries, labour costs amounted to EUR 29.2. 14 Central Statistical Office (2013) International migration of population. 2011 National Population and Housing Census, Warsaw 15Ministry of Labour and Social Policy, http://www.mpips.gov.pl/analizy-i-raporty/cudzoziemcy-pracujacy-w-polsce-statystyki, Collective data 2014, [03.06.2015] 16Ministry of Labour and Social Policy, http://www.mpips.gov.pl/analizy-i-raporty/cudzoziemcy-pracujacy-w-polsce-statystyki, Declarations – 2014, [03.06.2015] 17 Ministry of Labour and Social Policy, http://www.mpips.gov.pl/analizy-i-raporty/cudzoziemcy-pracujacy-w-polsce-statystyki, Declarations – 2015, [03.06.2015] 31 Entrepreneurship in Poland Despite the increase of labour costs in Poland in years 2004-2014 by 75%, Poland, with its payroll cost at the level of EUR 8.418, still belongs to the group of countries which can claim one of the lowest labour costs in the entire European Union. The costs of labour are lower only in Bulgaria, Romania, Lithuania and Latvia. Labour costs comprise payroll costs and non-payroll costs. The latter cost category continues to play a vital role in countries such as France or Sweden, where non-salary costs accounted for nearly 1/3 of all labour costs in 2014. The lowest non-salary costs were recorded in Malta, where they accounted for 6.9% of all labour costs in 2014. In Poland, the share of non-salary costs in total labour costs was 18.7%. Cost-related factors have, for a long time, formed one of the most significant competitive advantages which Poland could offer. The proof of Poland’s cost competitiveness has been, inter alia, the inflow of foreign capital in sectors known for low labour costs. At the same time, labour costs remained one of the main sources of expenditure incurred by employers. Due to economic development in Poland on the one hand and globalisation processes on the other, the labour costs structure has changed and investors searching for cost advantages have begun to invest in more cost-competitive countries than Poland (including, in particular, Asian countries). Labour costs in Poland are gradually losing their decisive importance for the competitive position of our country. An increasingly significant role is played by non-cost factors, including the most important of these factors – the quality of human capital. Taking educated staff into consideration, foreign investors undertake numerous projects in the services sector in Poland (state-of-the-art business service centres are of particular importance, since they contribute to the creation of a large number of jobs, many of which requiring specialist skills), making our country one of the leaders in this field. However, most companies consider labour costs as an important determining factor for their activities. Despite the gradual reduction of the wage wedge in years 2007-2009, in the view of entrepreneurs, high non-salary labour costs are still the prime barrier for job creation. This view prevails both among those entities which create jobs themselves and among those which had no plans for the creation of jobs.19 The results of the research on economic situation in individual sectors of the economy performed by the Central Statistical Office of Poland as at the end of 201420 indicate that labour costs continue to form a significant barrier for 54.8% of industrial companies, 61.2% of construction companies, 56.8% of companies operating in the retail trade sector and 56% of companies operating in the transportation and storage sector. These figures were even higher for the group of enterprises with 10-49 employees. Costs of labour are therefore an important factor which influences the prices in industries where they constitute a significant part of the overall costs, i.e. in construction, hotel and restaurant sectors. Labour costs constitute a significant portion of the costs of operation of small and medium enterprises; at the same time, entrepreneurs also consider them a significant barrier which hinders their development, especially since the gross remuneration payable to employees form but a fraction of all costs borne by the company which are related to employment. Per one working hour of a single employee. See the Labour Market Survey. 2014 Report, National Bank of Poland, Economic Institute, Warsaw 2014. 20 Economic situation in industry, construction, trade and services 2000-2014, http://stat.gov.pl/obszarytematyczne/koniunktura/koniunktury/koniunktura-w-przemysle-budownictwie-handlu-i-uslugach-2000-2014,4,8.html [24.06.2014], data provided as at Q2 2014 for industry and as at May 2014 for construction, retail and transportation sectors. The data applies to the economic entities which employ more than 9 individuals. 18 19 32 Entrepreneurship in Poland The amount of tax and non-tax costs in Poland, although not relatively high compared to other EU countries, may still constitute an obstacle to the employment and salary growth should an economic slowdown occur or should there be a need for a flexible response to market changes. In 2008-2012, the pace of salary growth in the national economy (in real terms) decreased in years 2008-2012 as a consequence of the 2008/2009 economic downturn. In 2013, the salaries grew slightly, while the dynamics of real salary growth was greater than in the preceding years, which was also the consequence of the lower consumer price dynamics.21In 2014, the average monthly salary in the economy increased in real terms by 3.4% due to the stabilisation of consumer prices compared to 2013 and amounted to PLN 3.783. Meanwhile, the average monthly salary in the enterprise sector was higher by 3.7% when compared to 2013 and amounted to PLN 3.980. Chart 4. Tax wedge in Poland and other OECD countries in 201422 60.0 50.0 40.0 the average for OECD countries 30.0 20.0 10.0 0.0 Source: Taxing Wages 2015, OECD 2015. According to OECD data, the so-called tax wedge for average remuneration in 2014 was 35.6%, remaining at the same level as in the previous year, only slightly lower than the OECD average (36%). Compared to the other countries in the CEE region, the tax wedge in Poland remains relatively low. In 2014, the tax wedge in Poland was 5.6 pp. lower than in Slovakia, 7 pp. lower than in the Czech Republic and 13.4 pp. lower than in Hungary. Among all EU countries, only the United Kingdom and Ireland imposed lower burdens in this particular area. The abrupt increase of the so-called tax wedge in 2012 was, among other things, the result of the 2% increase of the disability pension contribution. It is also worth noting that the specificity of tax wedge in Poland (less than proportionate growth along with the salary growth) indicates a significant scale of taxation also in the case of people with the lowest salaries23. Average monthly salary in the national economy in 1950-2014, CSO, Warsaw, April 2015. a single person earning the average salary. 23 A significant part of labour costs — apart from the net remuneration itself – is formed by social insurance premiums paid by the employer and the employee. The role of income tax in the lower rate bands is negligible. 21 22For 33 Entrepreneurship in Poland Chart 5. Structure of labour costs for the average salary and 2/3 (of the average salary) in the enterprise sector in 2014 (as per rates for December 2014). Contributions paid by an employee National Health Fund contribution Net salary Contributions paid by employer Income tax 2/3 of average salary An average salary 526 796 298 273 2 740 Labour costs: 3,203.60 PLN Gross salary: 2,653.00 PLN Labour costs: 4,805.50 PLN Gross salary: 3,980.00 PLN Source: A study by the Strategy and Analyses Department of the Ministry of Economy. 1.6 Public finance The possibility of flexible shaping of expenditures, increasing the share of expenditures conducive towards development while maintaining a stable budget income, is one of the key challenges of the fiscal policy. The situation in this regard is important for the enterprise sector not only from the point of view of sustainable and permanent macro-economic surroundings, but also from the perspective of the credit needs of the country. The need to finance public debt is connected with the raising of funds from the financial sector by the government by way of sales of treasury bonds. It limits the ability of business entities to use these funds. Moreover, the introduction of tax facilities limiting inflows to the budget, which enterprises would find desirable, is difficult to implement especially in the event of increased needs with respect to the expenditure of financial resources from the public budget. 34 Entrepreneurship in Poland Chart 6. State budget deficit24 and the central and local government institutions sector deficit (in billions of PLN and % of GDP) PLN bn % PKB 140 12.0 Budget deficit (PLN bn) Deficit of central and local government institutions (PLN bn) Budget deficit (% GDP) Deficit of central and local government institutions (% GDP) 110 10.0 7.4 80 8.0 6.2 5.3 4.2 50 3.0 20 7.8 2.1 5.4 4.9 4.4 6.0 4.1 4.5 4.9 3.6 3.7 3.7 3.2 3.2 2.9 1.9 2.4 1.9 1.8 4.0 4.0 2.6 1.6 1.9 1.7 2.0 1.4 -10 0.0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Source: A study by DSA ME on the basis of Eurostat data and preliminary CSO data. Despite the negative balance in the public finance sector, the gradually improving economic situation, stemming inter alia from Poland’s accession to the European Union and good economic conditions globally, enabled a significant reduction of budget imbalance in the entire government sector. In 2003– 2007, the government sector deficit to GDP ratio in Poland fell from 6.2% to 1.9%. The positive trend was reversed in 2008 and such situation continued in the next years. The onset of the financial crisis, along with the fact that the level of structural deficit of the state budget remained high, resulted in a considerable stratification between the level of expenditures and income of the state budget. In 2009, as a result of the above, the deficit of the government sector more than doubled compared to the preceding year, attaining the level of PLN 99.6 billion, i.e. 7.4% of GDP. It should be stressed at this stage that the conditions prevailing in 2009 were highly unfavourable for the minimisation of public debt costs both in terms of micro- as well as macroeconomic situation. Risk aversion, extensive exchange rate fluctuations – producing additional costs pertaining to the service of debt in foreign currencies – as well as government aid stimulation packages have, to a significant extent, contributed towards the growth of nominal debt globally. In 2010, negative trends in public finance continued. In 2010, as a result of the presence of a negative balance in each of the sub-sectors of the government sector, the deficit of the latter reached the level PLN 110.9 billion – the highest ever 24In 2004, the method of classification of transfers compensating for the premium loss in FSI was changed. Until 2003, transfer from the state budget to compensate the FSI premium loss as a result of the transfer of a part of the premiums of people covered with the pension reform to Open-end Pension Funds (OPFs) was financed in the form of a state budget subsidy. Statutory regulations allow for the financing of the costs of the pension reform with privatisation proceeds, i.e. “from below the break-even point”. Since 2004, in connection with the above, the amount compensating for the premium loss is included among state budget expenditures, while in FSI, a new revenue item appeared, entitled “compensation due to the transfer of premiums to OPFs”. The above change directly influenced the level of state budget expenditures and, as a consequence, the amount of the budget itself. For the above reason, data for 2004 is not fully comparable with the preceding years. 35 Entrepreneurship in Poland recorded. As a result of the increasing deficit in the general government sector, the overall indebtedness thereof increased. In 2010, debt of the government sector reached the level of 54.9% in relation to GDP. In 2014, the deficit of the government sector amounted to minus PLN 55.2 billion (3.2% of the GDP), while the debt of the sector in question attained the level of 50.1% of the GDP. This abrupt decrease in the level of public debt was, however, the result of a non-recurring event consisting in the redemption of treasury securities in February 2014 as part of the retirement pension system reform. Chart 7 Public debt (in billions of PLN and % of GDP) National public debt General government sector debt 2005 PLN 466.6 billion % PKB 47.4 % of the 46.7 GDP 2006 2007 2008 2009 2010 2011 2012 2013 2014* 506.3 527.4 597.8 669.9 747.9 815.3 840.5 882.3 826.8 47.5 44.4 46.8 49.2 52.0 53.5 52.0 53.1 47.8 47.1 44.2 46.6 49.8 53.6 54.8 54.4 55.7 50.1 2010 75.0 25.0 2011 74.6 25.4 2012 74.9 25.1 2013 74.4 25.6 2014 72.7 27.3 *Estimates of the Ministry of Finance. Source: Ministry of Finance. Chart 8 State budget expenditure structure (%) Fixed expenditures Flexible expenses 2005 72.5 27.5 2006 74.3 25.7 2007 73.1 26.9 2008 72.7 27.3 2009 74.4 25.6 Source: Ministry of Finance. The present structure of budget expenditure implies a limited freedom of the government in the shaping of the size of state budget deficit. The vast majority of expenditures are fixed expenditures, connected with public debt service, subsidies for local self-government units or support for special purpose funds and administrators thereof, especially the Social Security Institution (SII) and the Agricultural Social Insurance Fund (ASIF). The legally determined social transfers require the involvement of the dominant portion of expenditures in the Polish public finance system. Thus, the government may designate only a limited part thereof for infrastructural investments, research and development, active labour market policies and improvement of operation of public services. 36 Entrepreneurship in Poland Box 1. Multi-annual State Financial Plan for the years 2014-2017 and Convergence Programme – Update 2015 In April 2015, the Council of Ministers adopted the Multi-annual State Financial Plan for the years 2015-2018. The document was prepared, under the Public Finance Act amended in 2013, in a new layout and is now composed of two parts: Convergence Programme – Update 2015 and a specification of principal functions or the state, together with indicators of their implementation. One of the priorities of government economic policy shall still be creation of rapid and sustainable growth conditions while at the same time ensuring an optimum pace of public finance consolidation. Objectives and measures adopted in the document are consistent with the priorities defined in the Europe 2020 strategy, that are also reflected in this year’s edition of the National Reform Programme. Poland presented the Convergence Programme – Update 2015, with a three-year economic development perspective for the country to the European Commission. The European Commission adopted the decision to suspend the excessive deficit procedure with respect to Poland. It follows that Poland was able to reduce its excessive deficit a year before the date recommended by the Ecofin Council. The decision took account of the costs related to the comprehensive retirement pension system reform, which were still being incurred in 2014, estimated at 0.4% of the GDP. Upon reflecting this value in the deficit level, the deficit amounted to 2.8% of the GDP and was brought down below the required level of 3% of the GDP. The estimated result of the general government sector in relation to GDP in the years 2015-2018 is as follows: -2.7% of the GDP; -2.3% of the GDP; -1.8% of the GDP; -1.2% of the GDP. In 2015–2018, the debt of the central and local government institutions sector, estimated according to this methodology, shall reach, correspondingly, the following levels: 51.7% of the GDP; 51.6% of the GDP; 50.7% of the GDP; 49.1% of the GDP. Pursuant to the “April 2015” fiscal notification, in 2014, the deficit of the central and local government institutions sector amounted to 3.2% of the GDP, while the debt attained the level of 50.1% of the GDP. 1.7 Inflation and monetary policy One of the most important factors that determine the environment in which enterprises operate is price stability and the cost of capital, the latter being a derivate of the former. These factors also have an influence on the decisions of entrepreneurs in terms of production volume, and thus also the level of employment and investment expenditures. Various internal and external factors have an influence on the inflation processes. While the former are mostly controlled with the use of tools which typically form part of the monetary policy regulatory toolkit, influencing the course of the latter is possible only to a very limited degree. The identification of their character and the intensity of their influence also poses a problem. In 2014, inflation processes were influenced mostly by external factors in the form of high volatility of food and energy carrier prices, and, to a lesser degree, by internal factors related to wage pressure. In 2014, the inflation did not pose a threat for business activity, but the average level of consumer products and services index was well below the inflation target set by the National Bank of Poland. In 2014, average annual prices of consumer goods and services remained unchanged compared to prices in 2013. As a result, the prices did not change as dynamically as it was assumed for the purposes of the budget act (2.4%). The price change dynamic in 2014 was mainly determined by the volatility of food and energy carrier prices on international markets. From the first months of 2014, the CPI inflation dynamic on an annual scale remained low, attaining the value of 0.3% in June. In the following months, the price change dynamic was decreasing at an even faster pace, resulting in a deflation that persisted until the end of the year. As a result, the highest decrease in prices was recorded in December 2014 (1.0% YoY). Internal factors, such as the lack of demand and cost pressure, were conducive to the reduction in consumer price dynamics. 37 Entrepreneurship in Poland Chart 7. NBP reference rate and inflation % 25 20 15 10 Reference rate CPI 5 -5 1998-02 1998-08 1999-02 1999-08 2000-02 2000-08 2001-02 2001-08 2002-02 2002-08 2003-02 2003-08 2004-02 2004-08 2005-02 2005-08 2006-02 2006-08 2007-02 2007-08 2008-02 2008-08 2009-02 2009-08 2010-02 2010-08 2011-02 2011-08 2012-02 2012-08 2013-02 2013-08 2014-02 2014-08 0 Source: National Bank of Poland (NBP). The main determining factor with respect to the situation on the money market in Poland in 2014 was the direction and pace of economic revival in the economic environment of the Republic of Poland. According to its announcements, the MPC maintained interest rates at an unchanged level until the end of Q3 2014. However, due to a significant deviation of inflation from the inflation target, which could constitute a threat to the stability of prices in the mid-term, on 8 October 2014 the MPC adjusted the monetary policy to the changing economic situation by lowering interest rates to the lowest level in history and by decreasing the interest rate on required reserves (IORR rate) to the level of 0.9 of the reference rate (and not 0.9 of the rediscount rate as it was previously). Interest rates were determined at the following levels: the reference rate – 2.0% (-0.5 p.p.), the deposit rate – 1.0% (no change), the Lombard rate – 3.0% (-1.0 p.p.), the bills of exchange rediscount rate – 2.25% (-0.5 p.p.). The MPC did not rule out further monetary policy adjustments if the inflation rate remained at a low level deviating from the inflation target and if there was a slowdown of economic activity in the country, coupled with a the concurrent slow pace of growth of the economic environment of Poland. Chart 8. WIBOR 12 M and reference rate % 8.0 Reference rate WIBOR 12M 7.0 6.0 5.0 4.0 3.0 2014-07 2014-01 2013-07 2013-01 2012-07 1.0 2012-01 2011-07 2011-01 2010-07 2010-01 2009-07 2009-01 2008-07 2008-01 2007-07 2007-01 2006-07 2006-01 2005-07 2005-01 2004-07 2004-01 2.0 Source: NBP. By shaping the interest rate, the central bank influences indirectly the interest rate on credits and deposits at commercial banks. The average interest rate on PLN balances of credits for enterprises decreased slightly, from 4.7% at the end of 2013, to 4.1% at the end of 2014, according to ECB methodology. 38 Entrepreneurship in Poland 2. CHARACTERISTICS OF POLISH ENTERPRISES25 One of the indicators which can be used to gauge the scale of entrepreneurship is the number of active companies and the dynamics of their operations. Whereas in 1990, the number of registered entities in the national economy was approx. 1.3 million; in 2013, the figure in question crossed the 4 million mark for the first time. At the end of 2014, the figure in question reached the level of 4.1 million, with a relatively high number of newly registered entities (8.7%). When analysing the structure of active entities, the total number of which is approximately 1.8 million, one thing that is immediately noticeable is that the share of the micro-enterprises sector is relatively higher than the EU average (95.6%). The improvement in the condition of enterprises in 2014 reflected the positive economic situation. The total revenues of companies with more than 9 employees have increased, attaining the level of nearly PLN 3 billion, while the annual growth figures were significantly better than in 2013. Financial results have also improved, even though less markedly than in 2013. However, the results of large companies were worse than they had been before. At the same time, it was this group of enterprises which was the most active in terms of investments, with an increase in investment outlays by 17% (compared to barely 3% in 2013). The increase of employment levels was also significantly more rapid than in the previous year. One of the factors which served as testimony to the intensification of development processes in Polish companies has been the increasingly international nature of their activities. Although Polish companies still remain at a level which is below the EU average (with a share of SMEs in intra-community export amounting to 11% compared to the 14% average), with every year they are continuously expanding the scope of their activities into various foreign markets. The rapid pace of the merchandise trade volume increase recorded in 2001-2014 was one of the signs of the process referred to above. Interest in promising markets covered by general promotional programmes (such as UAE, Algeria or Canada) is also significantly growing. Polish enterprises are also increasingly willing to invest in R&D. In 2012, the internal outlays of the enterprise sector for R&D rose by as much as 52%, allowing the BERD/GDP ratio to increase from 0.23 to 0.33%. During the following year, this positive trend was maintained, while the BERD/GDP ratio increased to the level of 0.38 and was twice as high as in 2010. However, this is still significantly below the EU average (approximately 1.3), which is reflected in the relatively low score attained by Poland in the Innovation Union Scoreboard. Barriers to business activities continue to have an impact on the commencement of development processes by entrepreneurs. The survey conducted by the Ministry of Economy shows that the prime barrier faced by the SME sector is the level of taxes and fees provided for under the provisions of applicable laws (38%). It appears that this is mostly due to the critical view of tax law (more than 60% negative or very negative responses) rather than to the criticism of the rates of the taxes themselves. Courts dealing with business issues received relatively better responses (48% negative and very negative responses). As regards settlements with counterparties, labour law, the control of business activity and courts dealing with business issues, most responses were positive or neutral. General conditions of activity are described in the following chapter (Chapter III) as well as, partially, in Annex II; in addition, activities performed for the purposes of eliminating the existing barriers which hinder business activities are also described. 25Detailed data (charts) pertaining to this section (with respect to subsections 2.1–2.4) is contained in Annex I. 39 Entrepreneurship in Poland 2.1 Number and structure of Polish enterprises26 The number of entities registered as at the end of 2014 in the REGON system amounted to 4,120 thousand27, which means that the number thereof increased by nearly 50 thousand compared to 2013. Unlike in the previous years, this increase was caused not by the change in the number of entities registered as natural persons, but by the increase in the number of registered commercial companies. Despite the observed decline in the share of enterprises run by natural persons in the overall number of entities in the REGON system, they still retain the dominant position in the register. In 2014, their number was 2,961 thousand, which was slightly more than 70% of all entities. The greatest number of entities – slightly above one million – are registered in the Trade and repair of motor vehicles section. The above sector was followed by: Construction (479 thousand entities), Professional, scientific and technical activities (387 thousand) and Industrial processing (371 thousand.). Newly registered and de-registered entities In 2014, the number of new enterprises registered in the REGON system amounted to 357 thousand (which is 8 thousand less than in 2013). Natural persons conducting economic activity constituted the largest group among the newly established entities (more than 80% of their total number). Chart 9. Newly registered entities and entities deleted from REGON 700 000 600 000 500 000 400 000 300 000 200 000 100 000 0 Total - newly registered 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Natural persons - newly registered Total - deleted entities Source: Central Statistical Office (GUS), Structural changes in groups of entities in the national economy entered into the REGON registry, 2014, the Central Statistical Office of Poland, Warsaw 2015. The biggest growth in the number of newly created firms was recorded in the following provinces: Podlaskie (growth by 4,3%) and Małopolskie (growth by 2,6%). The most significant decrease in the number of newly registered entities was recorded in the Dolnośląskie, Opolskie, Kujawsko-pomorskie and Świętokrzyskie provinces. As far as sectors are concerned, the most considerable growth in the number of new companies was recorder in the following sections: Other service activities (up by 34%), Transportation and storage (up by 7.4%) and Construction (up by 5%). In turn, the growth in the number of newly registered entities was the lowest in the case of: Electricity generation and supply (where the number of newly registered Data according to the PKD 2007 classification. should bear in mind that the current contents of the REGON register are not a good indicator of the scale of entrepreneurship in Poland – it is estimated that only approximately 50% of entities registered in the system actually pursue business activity. Data concerning “active” enterprises, presented by the CSO, are released with more than one year’s delay. 26 27One 40 Entrepreneurship in Poland entities fell by half) as well as Water supply and Public administration (where the number in question fell by a quarter). In 2014, the number of de-registered entities was 304 thousand and was higher by 35 thousand compared to the preceding year. The upsurge in the number of de-registered entities was recorded in nearly all sections of the economy (with the exception of Mining and quarrying and Public administration and national defence). 2.2 Economic and financial situation of enterprises28 In 2014, enterprises have increased their revenues in nominal terms. In spite of this, the financial results of enterprises remained at the same level as in the preceding year. At the same time, however, enterprises have increased their investment outlays. In order to obtain the funds necessary for this purpose, the companies have significantly increased the level of their long-term debt. The employment figures for 2014 have exceeded 5 million for the very first time29. Revenues and costs In 2014, nominal revenues in companies were slightly higher (by 2,7%) compared to the preceding year. In the group of enterprises belonging to the public sector, the level of revenues remained unchanged in relation to 2013, while among the private sector companies, the growth attaining the level of 3.6%. Costs in private enterprises increased at the same level as their revenues; as a result, their gross financial result was only slightly higher than in the preceding year. At the level of industry sectors, the highest dynamics of revenues was recorded in the following sections: Healthcare and social assistance (up by 18%), Other service activities (10%) and Construction (9%). A decrease in revenue was recorded for the following sections: Amusement and recreation activities, Mining and quarrying, Information and communication and Electricity generation and supply. 28 Within the group of enterprises which maintain accounting books (with the exclusion of banks, savings and credit cooperatives, insurance institutions, brokerage offices and houses, investment companies and funds and pension fund associations) which employ more than 9 employees. Data presented according to PKD 2007 (Polish Classification of Activities) classification. 29 In entities covered by analysis (F-01 report of the CSO) 41 Entrepreneurship in Poland Chart 10. Revenue and cost dynamics of public Chart 11. Revenue and cost dynamics of sector enterprises private sector enterprises 130 140 Producer Price Index Growth in revenues Growth in costs 120 130 110 120 100 110 90 100 Producer price index Growth in revenues Growth in costs 90 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 80 Chart 12. Comparison of enterprise revenue Chart 13. Revenue and cost dynamics of dynamics as per number of employed staff enterprises employing more than 9 people 120 125 120 10-49 50-249 more than 249 115 115 Growth in revenues Producer price index Growth in costs 110 110 105 100 100 95 95 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 105 Source: Calculation by DSA ME according to PONTINFO data based on F-02 (2000–2002) and ME based on GUS F-01 (2003–2014). Generic costs In 2014, the structure of operating costs did not change when compared to 2013. The largest cost component is the value of sold goods and materials, the second largest one is materials and energy consumption, the third – remuneration. 42 Entrepreneurship in Poland Chart 14. Generic enterprise cost structure 3% 3% 5% 15% depreciation use of materials and energy third-party services 5% 45% taxes and charges salaries social insurance and other benefits other types of costs 24% Source: A study by DSA ME on the basis of F-01 (2014) base. Financial result The enterprises ended the year 2014 with a gross financial result at the level of PLN 136 billion, which is only slightly less than in the preceding year. The results in this regard increased in the group of small and medium-sized enterprises and decreased in the group of large companies. The highest increase in gross financial result was recorded in the following sections: Other service activities, Construction and Agriculture, forestry, hunting and fishery. Meanwhile, the gross financial result has decreased in Mining and quarrying, Amusement and recreation activities and Water supply and sewage treatment. Liabilities and liquidity Whereas the level of short-term liabilities of enterprises in 2014 changed only slightly compared to 2013, the increase in long-term liabilities was very notable, rising by 20%. This increase in long-term liabilities was recorded in all groups of companies, although it attained the highest value among small enterprises. The consequence was an increase of the debt indicators of enterprises (including mostly the long-term liabilities/equity capital ratio). Exports Much like in the previous years, the dynamics of export revenues in all groups of enterprises was higher than the dynamics of revenues from overall activities. As a result, a slow yet consistent increase of the share of export revenues in the total revenues of enterprises (currently at the level of 20%) has been maintained for a number of years now. Investment activity In 2014, investment expenditure amounted to PLN 146 billion and was higher than in 2013 by as much as PLN 17 billion (13.1%). However, it needs to be pointed out that the increase in question was recorded mostly in the large enterprises group, where the amount of expenditure was nearly PLN 100 billion (a 17% increase YOY). The highest dynamics of investments was recorded in the following sections: Other service activities, Water supply, sewage treatment and waste management and Transport and storage. Meanwhile, the value of investment outlays fell in the following sections: Information and communication, Activities 43 Entrepreneurship in Poland related to accommodation, Agriculture, forestry, hunting and fishery and Activities related to culture, entertainment and recreation. Employed persons In 2014, the number people employed in enterprises was higher by 130 thousand compared to 2013. The increase should be attributed to an increase in the number of persons working in large and small companies, as in the case of medium companies the figure in question has declined. The increase of the number of persons employed was relatively uniform in all provinces, with the Wielkopolskie, Pomorskie and Opolskie provinces being growth leaders in this regard. The only province where employment figures have decreased was the Świętokrzyskie province. Employment increased in most sectors of the economy, with the most substantial upsurge recorded in Financial and insurance activities, Healthcare and social assistance as well as in Information and communication and in Administrative and support service activities. There were only three sections in which the number of persons employed decreased: Mining and quarrying, Electricity and gas production and supply and Construction. Chart 15. Revenues, investment outlays and employment dynamics in enterprises with more than 9 employees. 120 115 110 105 100 95 Overall acitivity revenues Investment outlays Employment 90 4Q 2010 4Q 2011 4Q 2012 4Q 2013 4Q 2014 Source: A study by the Strategy and Analyses Department of the Ministry of Economy on the basis of INSIGOS data. 2.3 Analysis of the micro-enterprise sector against other enterprises in 2013 Number of active enterprises In 2013, there was a decrease in the number of active enterprises when compared to 2012, from the level of 1,795 thousand to 1,771 thousand. In statistical terms, this decrease stemmed from a 1.5% decrease in the number of micro-enterprises – a category of entities comprising more than 95% of all active companies. The number of medium-sized companies also fell slightly (by 1%), while the number of small companies rose by 3.6%. 44 Entrepreneurship in Poland Chart 9. Number and structure of enterprises in 2013 In total 1,771,460 micro 95.62% Share of companies mediumsmall sized 3.34% 0.87% large 0.18% Source: Activity of non-financial enterprises in 2013, CSO, Warsaw 2014. Employment and salaries In 2013, the number of people employed in enterprises amounted to 8,898 thousand – nearly 40 thousand less than in 2012. The structure of the employed was the same as in the preceding years – 38% of the general number of the employed persons worked in micro-enterprises, 14% – in small companies, 18% – in medium-sized companies and 30% – in large ones. The average number of persons employed amounted to 6.4 million people, which means a decrease by 100 thousand people compared to 2012. Every fifth of them was employed at a micro-enterprise, 17% of them – at small companies, and every fourth – at a medium-sized enterprise. The largest group among the employed persons (40%) worked in large companies. The greatest number of persons worked in the processing industry and in trade in and repair of motor vehicles (2.347 thousand and 2.162 thousand, respectively). The second and third place in terms of the number of persons employed were taken by Construction and Transport (818 thousand and 720 thousand people, respectively). 22% of all persons employed worked in the Mazowieckie province, in Śląskie – 13%, and in Wielkopolskie – 11%. The average monthly remuneration per one employed person in 2013 amounted to PLN 3,761 thousand, which was 4% more than in the preceding year. In the group of micro-enterprises, the average salary level is more than two times lower than in the group of large companies. A higher than national average level of salaries was recorded in the following provinces: Mazowieckie – PLN 4,571 (slightly less than in 2012), Śląskie – PLN 3,785, Dolnośląskie – PLN 3.649 and Pomorskie – PLN 3,558. In other provinces, the average salary was lower than the national average, i.e. PLN 3,547. The lowest salaries were recorded in the Warmińsko-mazurskie, Podlaskie, Lubelskie, Kujawsko-pomorskie, Świętokrzyskie and Podkarpackie provinces. Investment revenues, costs, and expenditures In 2013, enterprises generated PLN 3,793 billion in revenues, which means a growth by 30 billion when compared to 2012. An upsurge in revenues was recorded among both micro-enterprises, small and large enterprises; in contrast, revenues of medium companies have decreased compared 2012. The gross profit in enterprises in 2013 was higher than in 2012 and amounted to nearly PLN 20 billion. The level of investment outlays increased to PLN 162 billion, i.e. by 4.8%. Investment outlays grew in all groups of enterprises, with the fastest growth observed among micro-enterprises enterprises (up by 8.6%). 2.4 Innovativeness of Polish enterprises The science sector and the business sector constitute the main centre for innovation. However, it is the enterprises sector which must face significantly greater risks in the process of commercialisation of innovations; for the above reason, not every entity can rise up to the challenge, given its social and economic situation. For statistical purposes, an enterprise is considered to be innovative if it introduces, 45 Entrepreneurship in Poland within the analysed period, at least one product or process innovation. These terms refer, respectively, to new or significantly improved products (services), production and distribution methods, as well as ways of supporting business. The newness criteria does not have to refer to the entire market, but also to the enterprise itself. According to CSO30 data, the share of the so-called innovative – both in terms of products and processes – enterprises in the entire population of Polish companies decreased between 2006 and 2011. Particularly apparent was the decline which occurred in the years 2006-2009. Since 2009, this trend has been slowing down; Taking into consideration all types of innovations, the year 2012 brought about an increase in the share of innovative enterprises – both in the industrial sector and in the services sector (from 16.1% to 16.5% and from 11.6% to 12.4% respectively). The most up-to-date data on innovative activities pursued by enterprises in years 2011-2013 indicate that this positive trend was maintained in industry – the share of innovative enterprises there amounted to 17.1%, while the share of innovative enterprises in the services sector fell to 11.4%. The highest degree of innovativeness continues to be exhibited by large enterprises, i.e. those employing more than 250 persons, although generally innovations occur more often in industry than in services. Between 2010 and 2012, 57.6% of large industrial companies and 45.6% of service companies introduced at least one innovation to the market (in the years 2009-2011, it was 58% and 44.7% respectively). Small enterprises (10-49 employees) are the least innovative, as only 10% of them marketed any innovations in recent years. What is more, the percentage of enterprises introducing innovations to the market is much higher in the public than in the private sector. In years 2011-2013, 23.8% of industrial enterprises in the public sector introduced innovations to the market, compared to 16.8% of industrial companies in the private sector. This disproportion was already apparent in previous analyses. All things considered, in Poland, the probability of placement of innovations on the market is the highest among large public industrial enterprises, and the lowest – among small private service companies. Moreover, large public companies are most willing to cooperate in terms of innovative activities, and there are no considerable differences between the industry and service sectors in this field. The group of the most innovative industries has for years been led by the manufacture of coke and refined petroleum products, as well as the manufacture of basic pharmaceutical products and pharmaceutical preparations (between 2011 and 2013, 50.9% and 47% of enterprises from these industries respectively introduced innovations to the market). During the same period, entities operating in the textile manufacturing sector and in repair, maintenance and installation of machinery and equipment proved to be the least innovative of all companies, with 7.4% and 7.5% of companies from those respective sectors introducing innovative solutions. As far as services are concerned, the sector of insurances, reinsurances and pension funds, as well as the one of scientific research and development, are the most innovative (in the years 2011-2013, 60.3% and 35.9% of enterprises from these respective sectors could have been considered innovative). Meanwhile, the air transport sector (3.7%) and land-based pipeline transport sector (3.8%) proved to be the least innovative. From the regional perspective, most innovative industrial enterprises were observed in recent years in the Opolskie Province, which led all previous rankings, together with the Podlaskie (which placed first this time), Warmińsko-mazurskie and Podkarpackie provinces. As for services, the Mazowieckie province has steadily maintained a strong position for a number of years now. 30 Innovative activities of enterprises in years 2011-2013, Central Statistical Office, Warsaw, 2014. 46 Entrepreneurship in Poland Polish enterprises engage more often in process than in product innovations. In the years 2010-2012, 12.8% of industrial companies and 8.5% of service companies introduced process innovations, while product innovations were launched by 11% and 5.8% of these companies respectively. Both types of innovations were introduced to the market by 6.7% of industrial enterprises and 2.9% of service enterprises. Among process innovations, the most popular are new product production methods (in the case of industrial enterprises) and process support methods (in the case of service enterprises). Product and process innovations are technological innovations; in addition, there are also organisational and marketing innovations, which are non-technological in nature. The former consist in changes introduced to the functioning of an enterprise, workplace organisation or relations with the environment. Their goal is to increase efficiency and/or quality. In turn, marketing innovations cover any changes referring to the placement of a product on the market, including the design, promotion, distribution or pricing policy. Both types of innovations are relatively unpopular among Polish enterprises. In the years 2011-2013, they were introduced by every twelfth industrial company and every fourteenth service company. Changes to the functioning of the enterprise were most frequently implemented by entities operating in the coke and refined petroleum products industry and in the coal industry (industrial sector) as well as in the insurance sector (services sector). During the same period, marketing innovations were introduced by every thirteenth industrial company and every fourteenth service company. In industry, this type of innovation was most popular among the companies in the beverages sector, while in the services sector it proved to be most popular in insurance. A small portion of net revenues from total sales of Polish industrial and service companies (8.6% and 3.4% respectively) came from sales of new or significantly improved products (services) introduced to the market in years 2011-2013. In the case of industrial companies, this was yet another year where the results were in decline following years 2010, 2011 and 2012 11.3%, 8.9% and 9.2% respectively). In the services sector, the share in question has been slightly higher than in the 2011-2012 period (3.3% and 3.1%), although it is still below the level attained in 2010 (4.1%). The majority of these revenues were gained thanks to products (services) which were new only for the given enterprise, and not for the market. An exceptionally high significance of new or significantly improved products for the generation of sales revenues was recorded in the Pomorskie Province (18.2%) and in the case of services – in the Podkarpackie Province (5.6%). Sectors of industry based to the most considerable extent on sales of such products include: manufacture of motor vehicles, trailers and semi-trailers; manufacture of other transport equipment and manufacture of electrical equipment. The greatest amount of revenues from new or improved services is generated by: telecommunications, storage and support activities for transportation as well as research and development. In 2013, high-tech enterprises accounted for 2.3% of all enterprises in industry; medium-high technology enterprises accounted for 13.7%, medium-low technology enterprise – for 36.4% and low technology enterprises – for 47.5%. The revenues of high-technology and medium-high technology companies in 2013 accounted for 32.4% of all net revenues from the sale of products in industry – a result identical to that attained in 2012. The share of revenues from export sales in this group of enterprises has increased from 63.1% in 2012 to 64.4% in 2013. As for the sales structure for high-tech enterprises, their share fell from 5.4% to 5% YOY. At the same time, the share of sales by companies from the medium-low and low technology sector has increased, attaining the level of 68.3%. The share of hightech sector enterprises which have made investments for R&D has decreased. In 2012, it was 23.2%, while in 2013 it dropped to 21.7%31 31 Science and technology in 2013, Central Statistical Office, Warsaw 2014. 47 Entrepreneurship in Poland High-technology exports have maintained their growing trend for yet another year. In 2013, hightechnology products accounted for 6.7% of all Polish exports, which was 0.6 pp. more than in the previous year. In terms of value, it attained the level of PLN 43.2 billion (compared to PLN 35.9 billion in 2012). Electronics (telecommunications) accounted for more than 41% of exports and 37% of imports. The share of high-tech imports in 2013 was also slightly higher (rising from 10.5% to 10.8% YOY), even though it has to be noted that its previous level has experienced certain fluctuations. In terms of current prices, the import of high-tech products has been growing steadily, continuing this trend in 2013 and attaining the level of PLN 71 billion (compared to PLN 68.1 billion in the previous year). Expenditures of Polish enterprises for investment activities in the scope of product and process innovation attained the level of PLN 33 billion in 2013, compared to PLN 36.7 billion in the preceding year. Industrial companies accounted for the bulk of these outlays (63.6%, i.e. PLN 21 billion), followed by service sector companies (36.4%, i.e. PLN 12 billion). This overall decline also had an impact on the value of outlays per 1 enterprise In 2013, the outlays in question fell by PLN 0.7 million compared to 2012, attaining the level of PLN 4.8 million, while the outlays per one service enterprise fell by PLN 1.7 million, attaining the level of PLN 4.7 million. It is worth noting that in 2012 the ratio in question for the services sector was higher than in the industry sector for the very first time (PLN 6.44 million vs. PLN 5.49 million). This may partially be the result of the changes in the structure of the sources of financing of outlays for innovative activities. In 2013, much like in the previous years, the main source were the own funds of enterprises (despite the fact that the share of own funds has been declining in recent years), accounting for 71.1% of the expenses incurred by industrial companies (compared to 73.7% in 2012) and for 79.7% of expenses incurred by service companies (compared to 69.6% in 2012). For industrial companies, other important sources of financing of innovation include foreign funding (9.1%) and bank credit (6.9%). The significantly lower level of innovation-related expenditure of service sector companies compared to the figures for 2012 has been the result of a significant decline in state budget financing (which fell from 14.1% to 2%). Bank credit (8.3%) and foreign funding (also 8.3%) are less important sources of financing for service sector companies. In 2013, 86.2% (PLN 28.4 billion) of the total amount earmarked for innovative activities of all enterprises came from the private sector. As far as the size of organisations is concerned, 69.1% of the expenditure (PLN 22.8 billion) could be attributed to large companies, employing more than 250 persons. In the case of industrial companies, the majority of expenditure on innovation activities constitutes investment in machinery and equipment (54.1%, including 1/5 from imports). In turn, the largest part (over 40%) of service enterprises’ outlays on the development of innovation is represented by expenditure on research and development, while 34.3% of all expenditure pertains to the purchase of machinery and equipment (with 3.6% being attributable to imports). Moreover, service companies allocate a considerably larger part of outlays related to innovative activities to the purchase of software when compared to industrial companies (20.5% compared to 1.9%) and marketing of innovative products and services (3.9% compared to 1.9%). In turn, industrial enterprises allocate a larger part of their outlays for investment in buildings, structures and land (19.5% compared to 8.2% in the case of service sector companies).32 2013 was another year of growth (albeit meagre) in R&D expenditure in Poland (in current prices). The expenditure inn question amounted to PLN 14.4 billion, reaching the level of 0.87% of the GDP (the 32 Innovative activities of enterprises in years 2011-2013, Central Statistical Office, Warsaw 48 Entrepreneurship in Poland 2020 target of the economic policy is 1.7% of the GDP). The ratio was one of the lowest in the EU – in this regard, Poland ranks as the ninth last among 26 EU countries (excluding Luxembourg and Croatia). In 2013, insofar as the structure of research is concerned, the expenditure on development was still higher than the expenditure on basic research. As far as the structure of R&D outlays is concerned, the outlays in question represented 44.5% and 35.0% respectively, compared to 42.3% and 36.7% a year before. The share of applied research declined from 21% to 20.5%. Most R&D outlays are still made by the public sector. Although the participation of enterprises in these outlays has been growing rapidly in recent years, in 2013 it represented only 37.3%, with the government sector accounting for 47.2% of all outlays. In the most innovative countries, most R&D outlays are incurred by enterprises, and that is currently the goal of the Polish economic policy.33 The level of cooperation in the field of activities related to innovation is still not satisfactory. Most companies which engage in cooperation are large companies, both in the industry and the services sector. In years 2011-2013, a total of 28.4% of industrial enterprises which are active in terms of innovation engaged in cooperation with respect to innovation-related activities (compared to 33.8% in years 2010-2012); for services sector companies, the figure was 23.0% (compared to 27.3% in years 2010-2012). Both industrial companies and companies from the services sector have declared their main partners to be enterprises from the same group of entities as well as suppliers of equipment, components and software. Representatives of the science community and higher education institutions have placed third in this regard. Research and development, as well as – more broadly – innovation activities (in case of those endeavours which exhibit the greatest degree of innovativeness on the market) are often crowned by an application for patent protection. In 2014 – much like in 2013 – after a couple of years in which an increase in the number of patent applications submitted to the Patent Office of the Republic of Poland was observed, the number of applications saw a decline, falling from 4.2 thousand to 3.9 thousand. The number of cases in which patent protection was granted by the Patent Office was nearly 2.5 thousand.34 Innovative activities of the majority of Polish enterprises consist in the purchase and not sale of new technologies. As for applications filed at the Patent Office of the Republic of Poland, they usually pertain to trademarks, not patents or industrial designs and utility models.35 Among the 2500 companies which attained the position of world leaders in R&D investment in 2014 (according to the 2014 EU Industrial R&D Investment Scoreboard), only one company originated from Poland. The ranking included companies the R&D outlays of which attained the level of at least EUR 15.5 million in 2013. In an analogous ranking of 1000 companies from EU countries, Polish companies were among the second 500, which means that their investments in R&D throughout the year amounted to EUR 5 million or more.36 Patent activity and the direction of the flow of revenues from trade in industrial property are the most important causes of the weak position of Poland in the Innovation Union Scoreboard 2015 (IUS). This European Commission ranking, monitoring the innovativeness of particular EU Member States (from the perspective of the fulfilment of objectives of the Europe 2020 strategy), is used to measure, inter alia, the degree of entrepreneurship in terms of innovation activity. In this year’s version of the ranking, Poland has managed to maintain its position in the moderate innovators group, placing one slot above Lithuania, despite the fact that a mere 2 years ago Poland was in the last group in the ranking, 33Science and technology in 2013, Central Statistical Office, Warsaw Local Data Bank. Innovative activities of enterprises in years 2010-2012, Central Statistical Office, Warsaw, 2013. 36 The 2014 EU Industrial R&D Scoreboard, http://iri.jrc.ec.europa.eu/scoreboard14.html 34 CSO 35 49 Entrepreneurship in Poland comprising the least innovative countries. Nevertheless, year on year, an unfavourable gap in the global assessment of innovativeness between the EU average and Poland is getting larger. The weak points of our economy according to IUS 2015 are, among others, the relatively poor indicators concerning the participation of non-EU doctoral students, the number of patent applications (i.e. social challenges) or the level of revenues from patents and licences sold abroad. Instruments supporting innovativeness/R&D sphere Entrepreneurs may benefit from a number of innovative project funding instruments. Support for such undertakings can be obtained from regional, national and EU programmes. The 2014-2020 financial perspective places an even greater emphasis on the development of innovativeness. The key domestic operational programme which focuses on this particular area is the Operational Programme Smart Growth (OP SG), approved by the Council of Ministers on 8 January 2014 (allocation of EUR 8.6 billion). The main objective of the OP Smart Growth is to support the innovativeness and competitiveness of the Polish economy and to ensure an increase of R&D expenditure (including, in particular, expenditure of private companies). The most important objectives of the Programme include: − “idea to market” support for projects, i.e. support for the entire process of creation of innovation (from an idea to commercialisation of R&D results), − support for projects implemented in cooperation of science and business sectors, focusing research on the needs of the economy, − focus on smart specialisations i.e. the areas of the highest scientific and economic potential in the country and in its regions (e.g. projects connected with medical engineering technologies, diagnostics, eco-innovations, innovative technologies and industrial processes, innovative technologies and processes, products of the agricultural and food sector as well as of the wood and timber sector), − increased commercialisation and internationalisation of scientific research and development works. Programmes implemented with the use of structural funds are not the only measures aimed at the development of innovative enterprises. In 2014 the Polish Agency for Enterprise Development (PARP) carried on the implementation of a number of programmes financed from the state budget. The objective of the Innovation Voucher programme is to stimulate micro- and small entrepreneurs to engage in cooperation with scientific institutions and to provide assistance to entrepreneurs in the course of the development or enhancement of products (goods and services) as well as technologies. Within the framework of the programme, it is possible to obtain support for services related to the implementation and development of a product or technology provided by a scientific institution and aimed e.g. at the elaboration of new or improvement of existing technologies or products of a given enterprise. An entrepreneur may obtain support in the maximum amount of PLN 15 thousand. The funds earmarked for the Programme in 2014 amount to approx. PLN 3.1 million. In 2014, 401 entrepreneurs submitted their applications for a total amount of approx. PLN 5.9 million. Support agreements were signed with 200 entrepreneurs for a total amount of about PLN 2.9 million. Since the beginning of implementation of this programme in 2008 until the end of 2014, financial support was granted to 668 entities, in the total amount of approx. PLN 39.7 million. In 2015, the implementation of the Innovation Voucher programme was discontinued. In 2014, the second edition of the Support under the Grand Voucher programme with the budget of PLN 3.0 million was implemented by the PARP. The support provided under this programme is intended for the purchase of a service consisting in the development of a new product, a new design or a new 50 Entrepreneurship in Poland production technology or in a significant improvement in a product or a production technology. The programme is addressed to micro- and small enterprises engaged in manufacturing activities, while the service provider might be a scientific institution with an A+, A or B scientific category. The amount of support per entrepreneur cannot exceed PLN 50 thousand. In the course of the second edition of the Programme, as many as 142 applications were evaluated for the total amount of approx. PLN 6.1 million. Support agreements were signed with 67 entrepreneurs for a total amount of about PLN 2.8 million. The Support under the Grand Voucher programme is continued in 2015. The funds earmarked for the implementation of the programme amount to approx. PLN 4.1 million. As a result of the call for applications at the end of Q1 2015, a total of 295 applications were registered for the total amount of approx. PLN 12.4 million, i.e. 301% of the available allocation. However, due to the impact this instrument has on stimulating and maintaining cooperation among enterprises and R&D units which is aimed at the development of their innovative potential, there are plans to carry on the implementation of the programme under the Smart Growth Operational Programme – Sub-measure 2.3.2 Innovation Vouchers for SMEs. Another instrument which remained in use in 2015 is the Grant Support programme, which was originally introduced in 2011. Its aim is to encourage entrepreneurs to participate in international innovation programmes and to cooperate with the scientific community. Entrepreneurs who have submitted their project applications (as coordinators or partners) in response to a competition announced under international innovation programmes and who have obtained a positive formal evaluation of their applications may apply for support for the purposes of covering the costs associated with the preparation and submission thereof. The amount of support available for project coordinators is PLN 75 thousand, while partners participating in a project may obtain up to PLN 35 thousand. The funds earmarked for the Programme in 2015 amount to approx. PLN 2.0 million. The first round of the call for applications took place between April 22 to June 22, 2015. During the second round, 33 application for support for a total amount of PLN 1.2 million (i.e. 58.85% of the 2015 allocation) were submitted. Besides, the PARP coordinates the operations of the Polish centres of the Enterprise Europe Network (EEN). The Enterprise Europe Network has been in operation since 2008, and until the end of 2014 it will be receiving 60% of its funding under the Competitiveness and Innovation Framework Programme (CIP), with the remaining 40% originating from state budget funds under the multi-annual programme known as “Participation of Poland in the Competition and Innovation Framework Programme in years 2008-2014”. Since 2015, the network will be funded within the framework of the Programme for the Competitiveness of Enterprises and small and medium-sized enterprises (COSME) as well as the multiannual programme known as “Participation of Poland in the Programme for Competitiveness of Enterprises and SMEs (COSME) as well as in finance instruments of EU programmes supporting the competitiveness of enterprises in the years 2015-2021”, intended to increase the competitiveness and resilience of enterprises, including, in particular, small and medium enterprises. The activity of Polish Enterprise Europe Network centres37 constitutes an important element of competitiveness support intended to increase innovativeness level and ensure the internationalization of Polish small and medium-sized enterprises (SMEs). Currently, approx. 600 centres of this network operate in over 50 countries around the world. In Poland, there are 30 such centres. From January 1, 2014 to December 31, 2014 a total of nearly 17 thousand entities, including over 16 thousand enterprises, took advantage of the services rendered by the 30 Enterprise Europe Network centres operating in Poland. The number of recipients of promotional activities amounted to over 1.4 million. A total of 339 technological audits and business analyses were conducted; in addition, 163 37 Contact data to Polish Enterprise Europe Network centres are listed at the website www.een.org.pl. 51 Entrepreneurship in Poland services pertaining to intellectual property rights were also rendered. Another project worth mentioning is the “Warsaw for Business” project launched by the EEN in June 2014 (the Minister of Economy remains one of its partners).38 Entrepreneurs may take advantage of many services related, including, inter alia, to the access to foreign markets, access to financial instruments, legal advice or technology transfer. With such a rich offer, it is often difficult to find an instrument which would meet the expectations, needs and profile of a given company to the fullest extent. Business support institutions have joined forces to address the problem. The “Warsaw for Business” project is an online map of free services available on the market, thanks to which a single mouse click is enough for companies to find institutions specialising in the areas of their interest. Within the framework of the currently implemented multi-annual programme designated as “Participation of Poland in the Programme for Competitiveness of Enterprises and SMEs (COSME) and in finance instruments of EU programmes supporting the competitiveness of enterprises in the years 2015-2021”, until the end of Q1 2015 the Enterprise Europe Network centres have − granted their support to nearly 2500 SMEs within the framework of the services provided by the Network; the above figure does not include electronically supplied services. − They have also organised more than 1000 meetings with Polish entrepreneurs during various brokerage events and foreign missions, in which a total of 198 SMEs have taken part. − The EEN centres have also concluded 17 business and technological partnership agreements, − organised a number of local and regional events for over 1600 participants, − and granted support to approx. 230,000 participants within the framework of Network services supplied electronically (including website users). In 2014, within the framework of the multi-annual programme entitled “Participation of Poland in the Competition and Innovation Framework Programme in years 2008-2014”, support has also been provided to bolster the activities of the National Contact Point for financial instruments provided under EU programmes, operating alongside the Polish Bank Association, the tasks of which have been expanded to include financial instruments offered under the new EU programmes for years 2014-2020: Programme for the Competitiveness of Enterprises and SMEs (COSME), “Horizon 2020” – a framework programme for research and innovation, the Employment and Social Innovation (“EaSI”) Programme and the “Creative Europe” programme. From 2015 onwards, the financing of the activities of the National Contact Point is provided within the framework of the multi-annual programme known as “Participation of Poland in the Programme for Competitiveness of Enterprises and SMEs (COSME) and in finance instruments of EU programmes supporting the competitiveness of enterprises in the years 2015-2021.” From August 2014 onwards, financial institutions may apply for the function of financial intermediaries with respect to the following EU programmes scheduled for years 2014-2020: COSME and Horizon 2020.39 Another tool used for the purposes of supporting innovation are the tax instruments specified under the act on certain forms of support for innovative activity. The goal of the Act is to increase the competitiveness and innovativeness of the Polish economy through an increase in private sector’s outlays on research and development as well as on the improvement of the effectiveness of the management of public funds allocated to R&D. The Act introduced the Research and Development Centre (RDC) status which, according to the legislator, will contribute to the development of the private 38 http://www.warszawadlabiznesu.een.org.pl/ 39 Intermediaries under the said programmes may benefit from guarantees, re-guarantees, securitisation and equity crowdfunding, all of the said solutions being provided free of charge. Information on financial instruments and Polish intermediaries is available online at:http://instrumentyfinansoweue.gov.pl/. 52 Entrepreneurship in Poland research and development sector and ensure an increase in the demand for R&D services by means of linking the Centre status with tax incentives The RDC status is granted to entrepreneurs whose annual revenue from the sale of goods, products and financial operations amounts to at least EUR 1,2 million, out of which at least 20% must be derived from the sale of research and development services rendered by the entrepreneur or from industrial property rights. An entrepreneur who was awarded the status of research and development centre is exempted from real estate taxes (including agricultural and forest tax) with regard to the real estates occupied for the purposes of research and development works and may create an innovation fund on the basis of a monthly allowance amounting to no more than 20% of the revenue. As at the end of the first half of 2015, the Minister of Economy has granted the RDC status to 42 enterprises. Another tax relief introduced under the act on certain forms of support for innovative activity is the tax allowance for the purchase of new technologies, applicable to both personal income tax and corporate income tax. All entrepreneurs may take advantage of this arrangement. For this relief to be used, the new technology must be useful for the activity of taxpayer provided for in their articles of association and the entrepreneur must obtain an opinion from a science and research institution (higher education institution, association, research and development unit) that the technology is new. The term “new technology” is considered to include technological knowledge in the form of intangible assets or purchased on the basis of an agreement, which has not been applied anywhere in the world for longer than 5 years. 50% of the price of the new technology may be deducted from the taxable base. At the same time, the value of the new technology is subject to full amortisation. According to the data of the Ministry of Finance, 80 taxpayers took advantage of that relief when calculating the amount of CIT due for 2014, and the average value of deduction was PLN 3,548 thousand. Chart 10. Calculation of the tax relief for the purchase of new technology in the years 2007-2014 Year 2007 2008 2009 2010 2011 2012 2013 2014 Personal income tax (PIT) Corporate income tax (CIT) Number of Average amount of taxpayers deduction 117 PLN 564 11 PLN 4,636 15 PLN 1,667 398 PLN 648 250 PLN 1,048 42 PLN 3,333 31 PLN 28,540 37 PLN 20,376 Number of taxpayers 19 26 25 33 97 94 75 80 Average amount of deduction PLN 233 thousand PLN 302 thousand PLN 802 thousand PLN 948 thousand PLN 2.793 thousand PLN 4,674 thousand PLN 4,090 thousand PLN 3,548 thousand Source: Ministry of Finance, preliminary data for 2014 Furthermore, in 2013 the Ministry of Economy launched a pilot project called Tech-Match Poland, which is addressed to Polish innovative business searching for a business partner, investor or market in the Silicon Valley. Polish companies (start-ups, small and medium enterprises as well as large companies) must have ready-for-use technological solutions (in the commercial phase) at their disposal, falling within the framework of the results of the Technology Foresight for Polish industry – InSight2030 project and the document entitled National Smart Specialisation and must produce evidence of technological demand among corporations based in the Silicon Valley. The implementation of the Tech5Match Poland project will allow Polish entrepreneurs operating within prospective areas specified in the foregoing documents to undertake cooperation which will enable them to raise investment capital or market a product on a foreign market in the future. During their stay in the Silicon Valley, companies participate in workshops that will help them prepare presentations for their American partners. During 53 Entrepreneurship in Poland the so-called Demo Days, Polish companies present their technological solutions to representatives of corporations participating in the programme and to investors. What is more, companies also hold individual meetings with interested partners. The first edition of the Tech-Match Poland project, organised in December 2013, was attended by 10 Polish enterprises which met with representatives of corporations operating in the Silicon Valley, including: SalesForce, Fujitsu, Singtel, Standard Chartered, British Telecom Group, Symantec, Belkin, LG, Microsoft, Qualcomm, Amazon.com. The second edition of the project, held on 24-27 June 2014, was attended by 17 corporations/funds from the Silicon Valley: AT&T, SAP, Honda, Intel Capital, Sood Ventures, Docomo Capital, Atlantic Bridge, GE Software, Panasonic, LG, Oracle, NEC, Sprint, ABB Technology Ventures, Telefonica, Bayer Healthcare and BT; the companies in question have announced their demand for technological solutions (wishlist), which confirms the competitive potential of the Polish industry. The third edition of the project took part on October 29-30, 2014, attracting two Polish companies. The corporations which participated in the programme were: Bank of the West, The Walt Disney Company, DoCoMo Ventures, Orange, Panasonic, Sony Corporation of America, Standard Chartered, Atlantic Bridge (VC), BT, Cisco, Dell, Deutsche Telecom, Hyundai Ventures, Hyundai Motor Company, IBM, LG, NEC, Oracle, Orange/Rallyteam, Samsung Electronics, SAP, Sprint. Polish entrepreneurs may also take advantage of the programmes and projects offered by the European Space Agency (ESA). Since 2012, Poland has been a member of the European Space Agency (ESA), which allows Polish enterprises and R&D institutions to get involved in the programmes implemented by this Agency. During the first 5 years of our membership in the European Space Agency (i.e. until the end of 2017), Polish entities are covered by a special support programme the aim of which is to adjust their capabilities so that they are able to take part in ESA programmes and projects. Part of funds from the Polish membership fee (45% of the mandatory annual fee) will be earmarked only for contracts for domestic companies and science and research institutes. Enterprises may also apply for the remaining part of the Polish membership fee in accordance with the general tender rules and procedures of the ESA. Within the framework of the aforementioned programme, two competitions were held so far: in 2013 and in 2014. A total of 143 innovative proposals were submitted, out of which 62 projects were recommended for implementation (34 in the first competition and 28 in the second one) for a total amount of nearly EUR 11 million; 80% of the amount in question was allocated to industry. Both competitions proved to be very popular among Polish enterprises, the proof of which is that a total of 80 economic operators from Poland took part in the said events, with 23 of them participating in both the first and the second competition. A majority of industrial proposals recognised by the ESA concern highly advanced space technologies. All proposals submitted during the competition organised under the industry support programme are original solutions of Polish entities. It demonstrates the involvement of Polish companies and science and research centres in this sector as well as their experience, competences and creativity. Apart from the Polish industry support programme, Polish entities are more and more successful as regards the so-called optional programmes of the European Space Agency, winning contracts in the course of open competitions. As the ESA report of May 2015 shows, since Poland joined the organisation, 40 companies and science and research centres have taken part in tenders under ESA programmes and missions. Out of the group, 32 offerers from Poland have already signed contracts for a total amount of over EUR 14.5 million. The following programmes are of the greatest interest to Polish companies: the GSTP technological programme intended to ensure the development of new solutions without assigning them to specific missions, ARTES-20 – integrated applications applied in various sectors of the economy, PRODEX – devoted to the development of scientific instruments, MREP – 54 Entrepreneurship in Poland concerning robotics and exploration activities, and the so-called GMES Space Component relating to the observation of the Earth for the purposes of environment protection and public security. 2.5 Quality management One of the sources of competitive advantage for enterprises operating in the global market is the possession of commonly recognised certificates concerning such areas of activity as quality assurance and information security. The ISO system is, without a doubt, a global trendsetter in this regard. The system of ISO standards may be used by most entities of national economy, which includes not only enterprises, but also public administration units. The system may be adjusted to management solutions of every institution and organisation, regardless of its size. ISO standards are successfully implemented by businesses as well as by local government institutions and central administration bodies, which serves to assure external recipients of the reliability and trustworthiness of the services provided. The group of basic ISO standards includes: 1. ISO 9001 – international standard setting out the requirements of a quality management system in an organisation. 2. ISO 13485 – quality management system regarding medical devices, developed in conformity with requirements of the ISO 9001 system. 3. ISO 14001 – specifies global standards for environmental management systems and mitigation of impact on the environment. 4. ISO/TS 16949 – describes the standards for quality systems used in the global automotive industry. It represents the unification of the American (QS=9000), German (VDA6.1), French (EAQF) and Italian (AVSQ) standards. 5. ISO 22000 – describes a food safety management system for organisations in the food chain. It combines the HACCP system and a system of good practice. 6. ISO/IEC 27001 certificate forms the basis of the global standard in the field of information and data safety systems. According to ISO data40, until the end of December 2013, more than 1.6 million certificates in 191 countries were issued, which was over 4% more than in the preceding year. By way of comparison, two years earlier 1.4 million certificates were issued in 180 countries. Much like in the previous years, China remains the leader in terms of the percentage increase in the number of certificates issued in most categories of standards. Nevertheless, in a number of categories other countries have taken the position of growth leaders: Italy (ISO 9001), Germany (ISO 50001), Japan (ISO 27001). The role of Asian countries as recipients of ISO standards continues to increase, which corresponds with the growing importance of Asia as an economic centre, in particular insofar as manufacturing is concerned. The first ISO certificate in Poland was issued in 1993 to ABB Zamech Zakłady Przekładni Sp. z o.o. (currently MAAG Gear Zamech Sp. z o.o.) in Elbląg by the BSI certification centre. During the first few subsequent years, the number of certificates grew very slowly. A rapid increase in the number of certificates was observed in the years 2003-2005. Until 2005, the number of certificates issued in Poland had been growing continuously; this trend was reversed in 2006, when the number of 40 The ISO Survey of Management System Standard Certifications (2012) 55 Entrepreneurship in Poland certificates fell by more than 14% YOY. in the following year, i.e. in 2007, their number increased to over 10.9 thousand, i.e. above the value recorded in 2006. The growth in the number of issued certificates persisted until 2009, when a record number was noted in terms of certificates issued, their number increasing to 15,532. In subsequent years, i.e. from 2010 to 2012, a decline in the total number of certificates was recorded. At the end of 2012, only 13,770 were issued, even though in the following year that number increased by approximately 5%, attaining the level of 14,254. According to ISO data, certificates related to the ISO 9001 standard are the most popular certificates in Poland. In 2013, there were 10,527 of them (4.2% more than in the previous year). In 2013, the number of all categories of certificates issued (save for ISO 22001) saw an increase. The highest upsurge was recorded for the ISO 50001 certificates (an 80% increase, resulting from a low base value – 12 certificates in 2012, 22 certificates in 2013). A significant increase in the number of certificates was also recorded, among others, for ISO 14001 – 10.2% (206 certificates more than in the previous year) and for ISO 27001 – 10.1% (28 certificates more than in the previous year). 2.6 Internationalisation of Polish enterprises Today, the economy has taken on a truly global character, with the phenomenon of globalisation having an impact not only on manufacturers and consumers, but also on the other market participants, i.e. national governments and civic organisations. When we consider globalisation as a socio-economic process, we should bear in mind that prior to the advent of the so-called “global village”, large companies would compete against one another for international markets, while SMEs would focus on their markets of origin, which were mostly local or regional markets, and only seldom did they consider international expansion. As R. Porter was right to point out, the number of global and quasi-global sectors continues to increase and will likely do so in the future”41. This fact forces Polish enterprises to take the global perspective into account in the course of their activities, both strategic and operational. Enterprises internationalise their operations for a variety of reasons. Research42 shows that the most important of the said reasons are as follows: − economic reasons, i.e. reasons linked to the maximisation of economic effects, including, in particular, the attainment of higher profitability and production viability compared to domestic market. An additional argument in this regard is the economy of scale, which is inextricably linked to internationalisation of activities.43 − market reasons, i.e. reasons linked to the instruments of the so-called marketing mix. Companies operating on various markets more and more often attain a more competitive position on each of those markets than they would have done if they chose to focus on their domestic market only. In addition, international companies in most cases enjoy a greater esteem among consumers. − legal reasons, i.e. reasons linked primarily to the economic policy of the state. Examples of active policies include customs or trade barriers intended to protect the given market against an 41See M. Porter, Strategia konkurencji. Metody analizy sektorów i konkurentów (The Strategy of Competition. Methods for the Analysis of Sectors and Competitors), Warsaw 1992, p. 270. 42 See. K. Wacha, Działalność gospodarcza w Unii Europejskiej. Wybrane zagadnienia (Economic Activity in the EU – Selected Issues), KPilAEwK, Cracow 2005, p. 47 43 Ibidem, p. 47 56 Entrepreneurship in Poland influx of foreign products as well as support instruments intended to facilitate expansion into foreign markets.44 2.6.1 Basic forms of internationalisation of economic activity The classic model of internationalisation, i.e. the so-called Uppsala model, defines four stages of development of the intensity of activities pursued by economic operators internationally45: 1. infrequent exports; 2. export via independent intermediaries; 3. establishment of a foreign trading branch; 4. establishment of a foreign manufacturing branch. However, this model is not without its faults. The most frequently indicated issue is that the model in question fails to take into account the variable speed at which enterprises will proceed from one level to the next and that they may even skip some of these levels or discontinue the process altogether. Nevertheless, apart from a strategy for the marketing of products or services on an international scale, enterprises should also take into account a strategy pertaining to the organisational presence on such markets. For the above reason, when considering the possible forms of internationalisation of the activities of an enterprise, it is worth using the following classification, consisting of three components: 1. market transactions, among which one may differentiate between import and export transactions, which may in turn be conducted with varying degrees of intensity and in various configurations, as well as transit trade; 2. cooperative links with international partners, including capital cooperation (joint venture, consortium), non-capital cooperation (cottage industry, outward processing traffic, licences, franchising, leasing, managerial contracts, turnkey investment projects and subdelivery contracts) as well as international strategic alliances and enterprise networks; 3. actions aimed at ensuring that the economic activity is performed within the entrepreneur’s own organisational and ownership framework, i.e. mergers and acquisitions as well as independent pursuit of economic activities internationally through branches or local offices. It needs to be borne in mind that in most cases, when making the choice as to the form of its presence on a foreign market, every enterprise must take into account both the benefits and the costs of each of the aforementioned forms as well as the necessary material and personal resources required to ensure the continuing efficiency of operations on the existing market. Enterprises should gradually expand into foreign markets, proceeding to the subsequent stages of expansions along with the increase of their experience and knowledge, analysing various determining factors in every case. M. Gannon has made a detailed classification of the factors which have an impact on the selection of the forms of expansion.46 In his works, he pointed towards a number of relations which pertain to the sources of the decision on the internationalisation of the scale of activities of enterprises. In particular, where the target market is a sizeable one, investments appear to be the optimum solution, whereas proximity of the target market suggests taking the export route instead. Where a company is a large one, has international experience and intends to establish a long-lasting presence on the given market, it should select the investment option. Other factors that favour such a Ibidem, p. 48. See J. Rymarczyk, Internacjonalizacja i globalizacja przedsiębiorstwa (Internationalisation and Globalisation of Enterprises), Warsaw 2004, pp. 20-21. 46 See M. Gannon, Towards a composite theory of foreign market entry mode choice: the role of marketing strategy variables, "Journal of Strategic Marketing" 1993, No. l, p. 65. 44 45 57 Entrepreneurship in Poland choice are: a favourable business environment (regulations, taxation, economic climate, low labour costs), the required proximity of the final recipient of goods as well as the comprehensive nature of marketing efforts. Factors inimical to investment include short product life cycle in the given industry as well as long-term strategy of focusing on the domestic market.47 One of the increasingly popular forms of presence of Polish enterprises on foreign markets are franchise systems. Research performed by the Academy of the Development of Network Systems shows that Polish franchising solutions are present, in particular, in CEE countries (including Russia, Belarus and Ukraine) as well as in some EU-15 countries (including United Kingdom and Germany). In most cases, international expansion pertained to network systems, which represented the following areas: shows and footwear, FMCG, financial services and real estate market services as well as health and beauty services.48 The difficult eastern economic environment requires certain adjustments on the part of the Polish franchising systems; nevertheless, this does not preclude the presence of Polish solutions on these markets.49 2.6.2 Internationalisation of Polish enterprises in the light of research The current situation and position of Polish enterprises on international markets indicates that they may be included in the group of entities which have commenced the process of internationalisation at a relatively late stage. One would be right to conclude that the entry into international markets may present significant difficulties for many Polish companies due to the excessive costs of entry as well as due to the development strategies of international corporations which can defend their market position quite effectively.50 Studies on foreign trade for the SME sector have begun at the Ministry of Economy back in 2000, prior to Poland’s EU accession. They were conducted on the basis of registry data, in accordance with SAD documentation. At that time, total turnover could be assigned to specific companies using their REGON numbers, which made it possible to match such turnover data to the information on the size of enterprises. This made it possible to reliably determine the trading structure according to the size ratio applicable to economic operators. In 2004, following Poland’s entry into the EU, the methodology of development of statistical documentation for foreign trade has changed51. From 2005 onwards, the share of export and import which cannot be assigned to specific entities (and, therefore, to specific size indicators) has been growing systematically, attaining the value of 15% in 2010. The data pertaining to turnover volume and number of exporters/importers in individual categories is therefore unable to fully reflect the actual situation in both the large enterprise sector and in the SME sector. As a result, from 2010 onwards, the 47 See E. Dąbrowska, D. Cielecki, Ekspansja międzynarodowa polskich przedsiębiorstw po przystąpieniu Polski do Unii Europejskiej (International Expansion of Polish Enterprises Following Poland’s Accession to the EU), Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław 2008 48 See http://franczyzawpolsce.pl/trendy-franczyzy/5707-polskie-franczyzy-konkuruja-za-granica 49 See http://franczyzawpolsce.pl/trendy-franczyzy/5571-polskie-firmy-okopuja-sie-w-rosji 50 See Przybylska K., Proces internacjonalizacji przedsiębiorstwa w teorii ekonomicznej (The Process of Internationalisation of Enterprises in the Light of Economic Theory), Zeszyty Naukowe WSE, no. 3, Bochnia 2005, pp. 73-75. 51 This decision has been the result of: (1) The methodology of the collection of data on foreign trade, which provides for the assignment of artificially generated REGON numbers. In order to reduce the number of obligated entities, a system of statistical thresholds has been put in place, specifying the annual turnover value which must be exceeded in order for an entity to be under an obligation to submit a declaration; (2) Customs regulations which make it possible to perform customs clearance in an EU Member State other than the country of actual export or import. Data on such goods are obtained from the customs system of the country of clearance. 58 Entrepreneurship in Poland Ministry of Economy does not compile statistical summaries on foreign trade based on the enterprise size indicator. Chart 11. Number of exporters and importers identified in the MoE database in years 2005- 2014* Year 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014* Export More than 250 All units employees 30,289 1,885 32,136 1,886 32,899 1,884 31,296 30,408 31,628 36,066 41,110 43,244 40,197 1,872 1,842 1,788 1,763 1,776 1,728 1,686 Import More than 250 All units employees 39,967 2,348 40,141 2,362 44,591 2,401 50,421 43,109 43,920 44,336 44,972 46,729 48,226 2,337 2,217 2,170 2,028 2,004 1,988 1,903 Source: Own study of the Strategy and Analyses Department of the Ministry of Economy on the Ministry of Economy database * preliminary data for 2014 It is worth noting that in years 2005-2014 there has been an upsurge in the overall number of entities engaged in export activities (up by approx. 32.7%, i.e. by 9,908 economic operators). At the same time, there has also been a decline in the number of large entities involved in the aforementioned activities (down by 10.6%, i.e. by 199 entities). The number of entities involved in import has also increased (up by 20.7%, i.e. by 8,259 entities). At the same time, there has also been a decline in the number of large entities involved in the aforementioned activities (down by 19%, i.e. by 445 entities). The data provided in the latest SBA52 fact sheet for Poland indicate that Polish enterprises are significantly below the EU average, both in terms of internationalisation and in terms of their presence on the European single market. Only 11.2% and 10.8% of all Polish SMEs engage in intra-community import and export respectively. By way of comparison, the EU average is 17.47% and 13.89% for import and export respectively.53 Polish enterprises have therefore failed to take full advantage of the opportunities offered by the single market. This may partially be attributable to the sizeable domestic market which proves sufficient for most Polish companies. The SBA data show that Polish SMEs are less involved in the trade with non-EU partners than the EU average. Only 4.7% of Polish SMEs are involved in non-EU import, compared to the 8.18% EU average. As far as export to non-EU markets is concerned, only 5.38% of Polish SMEs engage in such export activities; the EU average is 9.68%.54 At the same time, it should be borne in mind that the cost of import of goods from outside the EU into Poland is lower than the EU average (approximately USD 41 – about 4.3% – less than the EU average). As far as export costs are concerned, the opposite is true, with 52 SBA Fact Sheet Poland 2014 http://ec.europa.eu/growth/smes/business-friendly-environment/performance-review/files/countriessheets/2014/poland_en.pdf 53 Numerical data applicable to year 2011 54 Numerical data applicable to year 2011 59 Entrepreneurship in Poland export from Poland being slightly more expensive than the EU average (about USD 16, i.e. approximately 2.5% more expensive).55 The research performed by the Central Statistical Office with regard to the activities of entities holding shares in other entities having their registered offices abroad56 shows that entities having its registered offices in Poland continue to expand the scope of their foreign expansion every year. Nevertheless, the vast majority of them focuses on the markets lying in their proximity, i.e. the German, Czech, Ukrainian, Romanian and Russian markets (approx. 44.4% of all foreign entities according to the Central Statistical Office of Poland). The greatest number of enterprises with foreign branch offices operate in the industrial processing sector, while the smallest number of such enterprises engage in activities related to culture, entertainment and recreation. Polish enterprises increasingly often become involved in operations in more geographically distant regions – in Asia and the Americas. Information provided by the Trade and Investment Promotion Departments shows that the geographical diversification of Polish enterprises continues to increase. Polish companies extend the scope of their internationalisation efforts, implementing greenfield investment projects in countries such as China, Indonesia, Canada or Brazil. This shows that Polish entrepreneurs are aware of the significance of foreign expansion for the value of their companies. 2.6.3 Polish export The level of commercial exchange has increased markedly in recent years. The annual average growth rate of the merchandise trade volume in years 2001-2014 amounted to 9.3% on the export side and 7.1 on the import side, much more than the average GDP growth rate during that period (3.6%). The annual average growth rate of the export of goods in terms of value (in EUR) was 3.1 pp. faster than in terms of volume; the growth rate of import was 2.3 pp. faster in terms of value than in terms of volume. The dynamic increase of trade turnover (and, in particular, of export) is inextricably linked to the inflow of foreign investments. Following the period of the first years of transformation during which foreign investors were very much keen to expand into the still-unsaturated internal market, the next decade – along with an increased FDI inflow – brought about the dynamic growth of export orientation among foreign investors. It is estimated that the share of entities with foreign capital in Polish export in goods currently amounts to more than 60%. The significant growth rate of Polish export is also the consequence of the modernisation of its structure; the GrantThornton57 report indicates that in years 1989 – 2014 the share of raw materials in Polish export fell from approximately 22.3% (in 1989, including mostly mined raw materials and metallurgical materials) to a mere 5.3%. At the present stage, Polish exports are dominated by sectors dealing with relatively highly processed and technologically advanced goods, such as the automotive, electromechanical and chemical sectors. Another proof of the competitiveness of the Polish exports and of the economy as a whole is the fact that most of our goods are exported to the most demanding of all developed markets, including EU markets. In 2014, Polish exports to EU countries amounted to EUR 128.4 billion and in comparison to the condition before Poland’s accession to EU, i.e. with 2000, it increased 4.6 times. For many years, Germany has been Poland’s most important trading partner, with more than a quarter of all Polish export being sold there). The higher dynamics of export to the EU resulted in the transformation of the Numerical data applicable to year 2014 See Activities of entities with shares in foreign-based entities in 2013, CSO, Warsaw 2015 57See Foreign expansion of Polish Companies – Achievements, Ambitions and Prospects. GrantThornton, Warsaw 2015, p. 8. 55 56 60 Entrepreneurship in Poland deficit which remained at the level of almost EUR 8.7 billion in 2000 into a surplus which has been systematically rising, attaining the level of EUR 28.9 billion in 2014. The positive balance in terms of trade with EU markets allows to substantially compensate for the deficit due to the import of energy raw materials from Russia and the high deficit in exchange with Asian markets (especially with China and the Republic of Korea), the latter being caused by structural factors. At the same time, the relation between merchandise trade volume and the GDP – one of the most significant measures of the openness and internationalisation of the economy – has seen a marked improvement. The growing share of exports in the GDP results in a growing influence of export on the condition of the Polish economy. Export – in cases where it forms a substantial part of the GDP – influences the level of domestic demand by way of creation of investment demand by exporters and also has a bearing on employment figures. Chart 12. Proportion of export of goods and services to GDP in selected EU countries in years 2000-2014 2000 EU eurozone Germany United Kingdom France Italy The Netherlands Poland Czech Republic Hungary Slovakia 26.1 27.5 26.6 18.4 21.9 20.5 52.9 21.0 32.0 51.1 41.7 2005 26.6 28.0 32.2 16.0 20.3 19.7 53.2 28.8 52.7 53.8 62.4 2006 28.3 29.7 35.2 17.4 21.1 21.0 56.1 31.5 55.1 62.4 71.1 2007 28.6 30.6 36.9 15.0 20.8 22.1 56.8 31.3 56.4 66.0 73.7 2008 29.3 30.7 37.1 16.8 20.9 22.1 57.6 31.0 53.3 66.9 71.2 2009 25.3 26.0 31.4 15.6 17.9 18.1 49.3 30.3 48.9 60.8 60.3 2010 28.7 29.6 35.6 17.4 19.5 20.5 57.1 32.8 55.6 67.6 69.4 2011 31.1 32.1 38.2 19.1 20.8 22.2 62.0 35.1 60.7 71.5 77.9 2012 31.8 33.3 39.1 18.4 21.1 23.4 65.9 36.5 64.9 71.1 83.4 2013 31.8 33.4 38.5 17.9 21.0 23.6 65.9 37.6 65.8 72.0 84.8 2014 31.6 33.6 38.6 16.3 20.9 23.9 65.3 38.2 71.6 74.1 83.1 Source: Calculations performed by the Strategy and Analysis Department of the Ministry of Economy on the basis of Eurostat data Chart 13. Share of export of selected EU countries in global export in years 2000-2014 2000 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Germany 8.5 9.2 9.1 9.4 9.0 8.9 8.2 8.0 7.6 7.7 8.0 United Kingdom 4.4 3.7 3.7 3.1 2.8 2.8 2.7 2.8 2.6 2.9 2.7 France 5.1 4.4 4.1 4.0 3.8 3.9 3.4 3.3 3.1 3.1 3.1 Italy 3.7 3.6 3.4 3.6 3.4 3.2 2.9 2.9 2.7 2.8 2.8 The Netherlands 3.6 3.9 3.8 3.9 4.0 4.0 3.8 3.6 3.6 3.6 3.6 Poland 0.5 0.9 0.9 1.0 1.1 1.1 1.0 1.0 1.0 1.1 1.1 Czech Republic 0.5 0.7 0.8 0.9 0.9 0.9 0.9 0.9 0.9 0.9 0.9 Hungary 0.4 0.6 0.6 0.7 0.7 0.7 0.6 0.6 0.6 0.6 0.6 Slovakia 0.2 0.3 0.3 0.4 0.4 0.4 0.4 0.4 0.4 0.5 0.5 Source: Calculations performed by the Strategy and Analysis Department of the Ministry of Economy on the basis of UNCTAD data The proportion of export to the GDP in Poland in years 2000-2014 increased nearly twofold, which is clearly a substantial improvement compared to both the most significant old EU Member States and the main EU-11 markets. Although the proportion of export to the GDP in the aforementioned period has increased significantly, attaining the level of 38.2% in 2014, it remains much lower than, for example, in 61 Entrepreneurship in Poland case of the markets of our partners within the Visegrad group (the figures for Hungary and the Czech Republic being more than 70% and for Slovakia – 83%). Polish foreign trade also plays an increasingly important role on the global market. Owing to its rapid growth, Poland has, following the transformation period, significantly increased its share in international trade in both goods and services. In years 2000-2014, the share of the Polish merchandise export in global export grew more than twofold, attaining the level of 1.1% in 2014. Even though the shares of such EU-15 countries as Germany, United Kingdom, Italy or France is significantly greater than that of Poland, they have actually decreased compared to the figures for the year 2000 by 8%, 2.7%, 2.8% and 3.1% respectively. 2.6.4 Foreign Direct Investments (FDI) and Polish Foreign Direct Investments (PFDI) As regards the proportion of FDI outflow to the value of fixed capital formation, Poland recorded an average result compared to other EU economies during the 2006-2010 period. The high value of the ratio in question in 2006 was achieved as a result of the investment of PKN Orlen in Mažeikiai (Lithuania). In the following years, this ratio remained at an average level of approximately 5%. While in most countries, as a result of the economic crisis, the value of investments in relation to fixed capital formation in 2009 decreases significantly, in Poland this value was higher than in 2008. This fact demonstrates that Polish companies have been hit by the economic crisis to a lesser extent than their European counterparts. Even though the level of internationalisation of Polish companies is significantly lower than in the case of German or French companies, the companies in question are much more active than the Czech or Slovakian companies, as shown by the higher (and continuously increasing) share of the Polish FDI outflow in the global FDI outflows compared to other countries in our region. Chart 14. Proportion of FDI outflow to the GDP and of FDI outflow to the value of fixed capital formation in selected EU countries in years 2009-2014 Czech Republic Poland Slovakia France Germany Italy United Kingdom 2009 7.2 4.8 3.5 41.5 41.3 22.2 68.2 2010 7.2 5.1 3.9 44.2 42.8 23.0 67.9 FDI/GDP (%) 2011 2012 5.8 8.4 5.6 6.2 4.1 5.1 43.6 48.6 39.8 44.7 22.8 25.4 65.5 66.5 2013 9.9 13.5 4.5 48.5 45.1 24.4 58.9 2014 9.3 11.9 3.0 44.9 41.0 25.5 53.8 2009 1.7 4.0 4.7 16.9 10.5 4.9 5.5 FDI/Fixed capital formation (%) 2010 2011 2012 2013 2.1 - 0.5 3.3 7.7 6.5 3.4 - 2.8 - 3.3 4.8 3.0 0.0 - 2.1 8.2 8.0 5.2 4.0 19.0 10.3 9.3 4.1 7.7 12.0 2.1 8.3 12.1 25.8 6.8 - 3.4 2014 - 1.0 4.9 - 0.6 7.0 14.5 6.5 - 11.9 Source: Calculations performed by the Strategy and Analysis Department of the Ministry of Economy on the basis of UNCTAD data; World Investment Report 2015, appendices 6 and 8. The possibility of making foreign investments stems from equally encouraging changes with regard to the FDI absorption in the Polish economy compared to other EU countries. According to UNCTAD data, until the end of 2014 there was an inflow of FDIs into Poland in the amount of over EUR 245 billion. The fact that the FDI inflow in years 2012-2013 was relatively lower was not the consequence of any unfavourable trends in the Polish economy, but of the economic downturn in Western Europe and in the USA as well as the result of transactions related to the so-called capital in transit. Even so, the presence of foreign direct investments in Poland stimulated the growth of domestic enterprises, allowing them to become more mature and to expand into foreign markets. 62 Entrepreneurship in Poland Over the course of the last few years, Poland has become one of the largest foreign investors among new Member States of the European Union (UE-12). The aggregate value of Polish FDIs as at the end of 2013 amounted to approximately EUR 20.6 billion, which means that compared to 2004 it increased over twentyfold. Nevertheless, years 2012-2013 brought about a reversal of the trends seen during the preceding period (with the exception of the 2008-2009 crisis). Following the growth trends experienced in years 2008-2010, the balance of Polish FDI abroad in 2012 was negative. The value and structure of the Polish FDI in 2012 were, however, substantially influenced by transactions related to the activity of the special purpose entities. In addition, the results do not reflect the fact that the largest Polish investment in history was made during that period (the purchase of the Canadian company Quadra FNX by KGHM – a transaction valued at approximately PLN 9.5 billion). Much like during the previous year, in 2013 the value of Polish FDI was below zero (nearly EUR -1,1 billion) and remained under the clear influence of capital in transit. The economic outlook in the countries of the European Union, the biggest recipients of Polish capital, was not conducive towards the resumption by Polish companies of their activities on the international market. Chart 15. Foreign Direct Investment in Poland in years 2008-2013 (EUR million) Year Value 2008 2,355 2009 2,636 2010 4,640 2011 2,640 2012 -2,067 2013 -1,063 Source: National Bank of Poland (NBP). Taking into consideration the geographical criterion, the greatest amount of capital in the form of FDI in 2013 was invested in Cyprus (EUR 444 million), United Kingdom (EUR 325 million), Denmark (EUR 267 million) as well as Austria (EUR 196 million) and Germany (EUR 187 million). By the end of 2013, the greatest amount of receivables from Polish FDI accounted for the countries of the European Union (72% of total receivables, i.e. EUR 14.9 billion). When split into individual countries, the greatest amount of receivables (amounting to more than EUR 1 billion) was recorded for the following countries: Luxembourg (EUR 6.9 billion, approx. 33.3% of total receivables), Cyprus (EUR 4.5 billion; 21.9%), Switzerland (EUR 2 billion; 9.5%) and the Netherlands (EUR 1.8 billion; 8.6%), Lithuania (EUR 1.6 billion; 7.6%), Czech Republic (EUR 1.6 billion, 7.6%).58 At the sectoral level, in 2013 the most significant portion of Polish capital was invested abroad under the Construction heading - EUR 1.1 billion. EUR 155.1 million was invested in the processing industry. As for the balance of receivables at the end of 2013 in various sectors, the most significant investments were made in the services sector (EUR 15.8 billion). Investments of substantial value were also made in the processing industry (EUR 4.3 billion). 2.6.5 Internationalisation system and support instruments The system for the promotion of the economy consists of closely cooperating institutions and government agencies operating under the supervision of the Minister of Economy. These are: Trade and Investment Promotion Departments of the Embassies and Consulates of the Republic of Poland, the Polish Information and Foreign Investment Agency (PAIiIZ), the Polish Agency for Enterprise Development (PARP) and the Investors and Exporters’ Service Centres (COIE). Activities related to the promotion of the Polish economy and to strengthening its international image are also performed by other ministries – mostly by the Ministry of Foreign Affairs (Embassies), Ministry of Agriculture and Rural Development, Ministry of Culture and National Heritage (Polish Institutes), Ministry 58General data and comprehensive data regarding FDI differ in the use of data sources with various revision periods. General data should be considered as the most up-to-date data. 63 Entrepreneurship in Poland of Sport and Tourism (the Polish Tourism Organisation) and the Ministry of Treasury. In performing various promotional activities, the entities in question cooperate with other ministries and government agencies (the Industrial Development Agency, KUKE S.A. (the Export Credit Insurance Corporation) and the Bank of National Economy (BGK). In addition, activities in this field are also performed by local government institutions (Offices of Marshals, Regional Development Agencies and Municipal and Community Offices) as well as the aforementioned Investors and Exporters’ Service Centres. These institutions provide support to one another within the scope of the projects implemented and undertake joint promotional initiatives. The cooperation of the entities involved, coordinated by the Ministry of Economy, makes it possible to use the available financial assets and human resources in a flexible manner and, by way of application of the economies of scale, increases the efficiency of the actions performed. The support of export takes place in two dimensions: in a narrower context, through the implementation of specific instruments; and, in a broader context, through promoting the Polish economy on a macro scale. Actions aimed at supporting exports are implemented as part of operational programmes and are based on European funds as well as on the co-financing from the state budget of sector promotion projects, costs of obtaining exports certificates and organisation of promotional activities as well as promotional publications and materials. Promotional activities conducted on the government level are supported by activities performed on the intergovernmental level and by other initiatives of the Ministry of Economy and the Ministry of Foreign Affairs aimed at increasing the awareness of the possibility of expansion into foreign markets among Polish entrepreneurs. An important issue pertaining to the establishment of adequate conditions for the internationalisation of the activities of Polish enterprises is the extension of the legal environment (including the law of the treaties) governing bilateral economic relations as well as the participation in the extension of this legal environment by concluding free trade agreements negotiated by the European Commission; another issue of importance is that of the projects intended to support development and aimed at the improvement of the conditions for the pursuit of economic activity in the countries which act as recipients of such support. It is also worth mentioning the joint efforts of the Ministry of Economy, the Ministry of Finance and the Ministry of Foreign Affairs which are aimed at ensuring the broader use of government credit for the purposes of financing of the supply of Polish goods to the markets of third countries within the framework of bundled aid. Activities of the Ministry of Economy The competences of the Ministry of Economy include four export support instruments implemented as de minimis aid: − co-financing of the implementation of industry promotional projects in the field of export or sales on the EU internal market; − co-financing intended to cover the costs of obtaining product certificates which are required on foreign markets; − co-financing of the implementation of specific endeavours aimed at promoting or supporting export or sales on the EU internal market; − co-financing of publications promoting export or sales on the EU internal market. 64 Entrepreneurship in Poland Within the framework of the de minimis aid programme, in years 2012-2014 the Ministry of Economy granted support to 766 companies, the total amount of support granted being PLN 5.5 million. Another significant instrument aimed at the internationalisation of the economy is the maintenance of Special Economic Zones (see subsection 3.6.1) as well as the Programme for supporting investments of major importance to the Polish economy for 2011-2020, the aim of which is to enhance the innovativeness and competitiveness of the Polish economy inter alia through supporting new investments made by Polish and foreign enterprises as well as through ensuring an increase of the share of innovative investments and the creation of jobs characterised by high productivity. Within the framework of the programme, support is granted, inter alia, to direct investments in various hi-tech sectors, which makes the greatest contribution towards the development of the economy and the increase of its competitive advantages. Until the end of 2014, the Minister of Economy signed 42 agreements with entrepreneurs concerning the provision of public aid for the implementation of the investment projects referred to above. Until the year 2014, the total amount of support granted under the aforementioned support agreements amounted to PLN 280.5 million, out of which PLN 81 million was spent on support for job creation, and PLN 199.4 million on support granted to cover investment costs. Entrepreneurs who signed the agreements declared investment costs in the total amount of PLN 7 billion and the creation of 15.5 thousand jobs. Trade and Investment Promotion Departments The Minister of Economy performs tasks pertaining to the support of Polish entrepreneur on foreign markets through 49 Trade and Investment Promotion Departments located in 44 countries worldwide. The activities of the departments focus on the support of economic operators intending to engage in cooperation with foreign markets. The aim is to facilitate the economic expansion of Polish enterprises on foreign markets. The Ministry of Economy prepared and implemented the Catalogue of standard services provided free of charge to Polish entrepreneurs by the Trade and Investment Promotion Departments. The Catalogue in question meets the expectations expressed by the representatives of the business community, provides specific information on the scope of the support granted to Polish entrepreneurs free of charge, aimed at facilitating the internationalisation thereof, specifies the rules of cooperation with Polish entrepreneurs, the standards of the information presented on the websites of the Departments and addressed to entrepreneurs as well as the standards of services provided to entrepreneurs free of charge under direct contracts. In 2014, the Departments have performed over 94 thousand actions in total (compared to over 93 thousand in 2013). Activities co-financed from EU funds Within the framework of the 2007-2013 EU financial perspective, the activities pertaining to economic promotion focused on the sixth Priority Axis of the Innovative Economy Operating Programme – “Polish economy on the international market”. The activities performed were aimed at the reinforcement of Poland’s brand identity by promoting Poland as a country attractive to investors and tourists alike and as a place where valuable economic contacts can be established. Within the framework of measure 6.1 – Passport to export, implemented by the Polish Agency for Enterprise Development, support was granted to projects aimed at the entering into new markets and strengthening of the competitive position of a given enterprise on foreign markets, projects contributing to higher share of sales to foreign markets in the total sales structure of a given enterprise and projects 65 Entrepreneurship in Poland promoting the Polish brand on foreign markets. The support granted within the framework of the aforementioned instrument was aimed primarily at SMEs. In particular, support was granted to enable enterprises to participate in foreign trade fairs and missions, to facilitate the search for appropriate business partners or for the purposes of obtaining export advice (preparation of documentation, analysis of legal issues, export financing). Ever since the implementation of the aforementioned measure has begun, a total of 5,009 contracts were concluded (with the amount of co-financing granted being PLN 579.1 million). In 2014, a total of 710 contracts for the total amount of 239.1 million were concluded, while in Q1 2015 alone 126 further contracts for a total amount of PLN 42.4 million were concluded. The aim of the projects implemented by the Ministry of Economy and the Trade and Investment Promotion Departments within the framework of sub-measure 6.2.1 – Support for importer and exporter service centre network is to ensure the increase of the level of internationalisation of Polish companies by making it easier for entrepreneurs and entrepreneur associations to gain access to comprehensive, high-quality gratuitous information services within the scope necessary to plan, organise and implement investments abroad and/or to export goods or services abroad. In addition, close cooperation between entities operating in the COIE system is intended to ensure the synergy of their activities as well as the efficient flow of information (including information provided by Trade and Investment Promotion Sections of Polish Embassies and Consulates) to enterprises interested in the development of their export activities or in investing in other countries. The aim of the Polish Silicon Bridge project, implemented within the framework of sub-measure 6.2.1, is to provide support to Polish technology companies so that they can expand their activities into the US market, ensuring the accelerated development of the companies in question. This pilot project is being implemented by the Polish Agency for Enterprise Development in cooperation with the Trade and Investment Promotion Department of the Polish Embassy in Washington. The project consists of two identical rounds, each of which encompasses three closely interconnected phases: introductory training (Phase 1) and boot camp (Phase 2) organised in Poland, as well as an acceleration programme (Phase 3) run in the Silicon Valley, US. Before each phase started, a new call for applications had been announced among innovative enterprises from high-tech sectors (such as: IT, ICT, nanotechnology, biotechnology, clean-tech, aeronautics and space technologies, smart building, production of medical equipment and pharmaceuticals). Round 1 of the project began in January 2014; during this round, 23 entrepreneurs implemented their individual, tailor-made programmes encompassing a visit to the Silicon Valley and cooperation with personally selected mentors. The subsequent rounds are scheduled to take place in 2015. Additionally, the Polish Tourism Organisation implemented two measures pertaining to the use of the potential in the field of tourism which Poland and its individual regions can offer. The aim of the project, implemented within the framework of Measure 6.3 - Promotion of Poland’s tourism assets is to improve Poland’s competitive position on Asian markets. Measure 6.4 – Investments in tourism products of supra-regional importance, on the other hand, was intended to support comprehensive supra-regional tourism projects of a unique nature, including linear and network projects encompassing investments in the consistent infrastructure of tourism products, with particular emphasis on projects implemented by several entities operating in partnership. The implementation by the Ministry of Economy of the systemic project within the framework of Submeasure 6.5.1 - Promotion of the Polish economy on international markets is intended to improve the image of the Polish economy among its international partners, enhance access to information concerning both Poland and the conditions for the pursuit of business activities outside Poland, ensure an increase in the amount of investments made by Polish entrepreneurs on foreign markets as well as 66 Entrepreneurship in Poland ensure the development of industry sectors which are considered to be of prime importance from the standpoint of the implementation of the project. The most important component implemented within the framework of the project were the sector promotion programmes. The aim of the programmes in question is to provide support to entrepreneurs so that they are able to participate in promotional efforts which form part of a comprehensive concept for the promotion of the given sector. Each promotional concept takes into account various forms of promotion (including the participation in foreign trade fairs, economic missions, consultations, demonstrations, industry meetings, meetings with potential counterparties, individual meetings, training courses, counselling or coaching sessions) which are adjusted to the specific nature of the given sector. In connection with the negative tendencies concerning the exports to Ukraine and Russia, it was necessary to take actions aimed at the creation of support mechanisms for Polish companies by launching a promotional programme involving the stimulation of export on selected markets, conducted on the markets that were essential for the reorientation of Polish export. Within the framework of Submeasure 6.5.1, between November 2014 and May 2015, the Stimulation of export on selected markets promotional programme was implemented. The aim of the programme was to enable Polish entrepreneurs to establish contacts with potential foreign customers from selected countries who are important from the viewpoint of the development of Polish export and finding new sales markets. On the basis of the analyses performed (the analyses in question being based on socio-economic development indicators), markets59 regarded as offering good prospects from the perspective of trade in goods previously supplied to the Russian and Ukrainian markets were selected. The selected markets included seven Asian countries: Azerbaijan, India, Indonesia, Malaysia, Mongolia, Turkmenistan, Vietnam, and four Balkan countries: Bosnia and Herzegovina, Croatia, Macedonia and Serbia. Within the framework of the programme, promotional conference were held in selected countries; these conferences also included demonstrations or tasting of Polish export specialties, visits to Poland for potential counterparties and journalists from individual countries; there was also a promotional campaign in nationwide industry press in the countries in question. Sub-measure 6.5.2 – Support of the participation of entrepreneurs in promotional programmes was an effort of the Ministry of Economy complementary to Sub-measure 6.5.1. Financial support allowed Polish entrepreneurs in international events intended to promote the Polish economy. They were, in particular, able to establish new economic and trade links. The activities of the Polish Agency for Enterprise Development In 2014, the Polish Agency for Enterprise Development began the implementation of the programme for economic promotion within the framework of Poland’s participation in the 2015 EXPO World Fair in Milan. Collectively, in years 2014-2015, within the framework of the economic programme linked to the EXPO in Milan, the Polish Agency for Enterprise Development will organise, inter alia, 4 trade missions to international trade fairs in Italy, during which Polish companies from the foodstuffs sector as well as manufacturers of agricultural machinery will be able to present their products. In 2014, a total of 23 events related to trade cooperation were held in both Poland and abroad, with a total of 454 Polish companies participating in the events in question. The representatives of the said companies held nearly 1.4 thousand meetings with foreign counterparties. The activities related to the promotion of Polish SMEs are also performed by the Polish Agency for Enterprise Development within the framework of the Enterprise Europe Network project, implemented 59 The selected markets include seven Asian countries: Azerbaijan, India, Indonesia, Malaysia, Mongolia, Turkmenistan, Vietnam, and four Balkan countries: Bosnia and Herzegovina, Croatia, Macedonia and Serbia. 67 Entrepreneurship in Poland under the supervision of the European Commission. In 2014, within the scope of services linked to the internationalisation of companies, the Polish EEN centres performed the following services: − 897 Polish partnership offers published in the cooperation offer database available on the European website of the Network – http://een.ec.europa.eu. Using this database, Polish companies have received a total of 1 654 foreign queries concerning offers for partnership; − 678 Polish companies took part in cooperation events (cooperation exchange meetings and foreign missions), during which a total of 2.4 thousand meetings were held; − intermediation was provided in the process of conclusion of 161 partnership agreements or agreements concerning possible cooperation between Polish companies and foreign entities. Activities of the Polish Information and Foreign Investment Agency The Polish Information and Foreign Investment Agency coordinates, among others, the “Go China” and “Go Africa” projects. The “Go China” project is an initiative of the Ministry of Economy launched in 2012; within the framework of this programme, the Ministry, along with other government agencies, offers a joint, consistent strategy for the development of economic cooperation with China. The aim of the “Go China” strategy is both to develop activities in traditional fields of cooperation as well as promotion of new sectors. The activities performed within the framework of the “Go China” project include the dissemination among Polish entrepreneurs of information about the opportunities for trade and investment cooperation with China as well as the dissemination of information about investment opportunities in Poland among Chinese entrepreneurs. For this purpose, the www.gochina.gov.pl website, addressed to Polish entrepreneurs, was launched. The „Go Africa” project is an initiative of the Ministry of Economy launched in 2013; within the framework of this programme, the Ministry, along with other government agencies, offers a joint, consistent strategy for the development of economic cooperation with African markets. The aim of the project is to increase the volume of commercial exchange with African countries and the number of Polish investments in Africa as well as to build a positive image of Poland in African countries. The project extends not just to the most important markets such as Angola, Algeria, Nigeria or South Africa, but also to the support of entrepreneurs interested in doing business in other countries in Africa. The „Go Africa” website (www.goafrica.gov.pl) allows entrepreneurs to find information on the scheduled visits and activities as well as on selected African markets, the opportunities available on those markets, their character and the legal and economic conditions prevailing on those markets. The support measures specified above had a positive impact on the increase in Polish exports to the markets of countries showing promise in economic terms which were covered by general promotional programmes. In 2014, Polish export to the markets of the main countries in which the programmes in question were being implemented60, amounted to USD 7.8 billion (EUR 5.8 billion), having increased by 22% compared to 2012 (or by 17.2% when expressed in EUR), while the share of the countries in question in Polish exports in general increased from 3.46% in 2012 to 3.51% in 2014. The most significant increase in exports was recorded with respect to the UAE (where export grew more than 2.5fold) and Canada (a 35.8% increase). The number of Polish companies exporting goods to all of the markets covered by the general promotional programmes has also increased, rising by 19.6% in total (in 2012, the number of companies exporting goods to those markets was 5,242, while in 2014 it increased to 6,268). Main markets: Algeria, Brazil, Canada, Kazakhstan, Mexico, Turkey and the United Arab Emirates; additional countries (with respect to which efforts aimed at the promotion of Polish video games were made) – Germany, France, China and the United States. 60 68 Entrepreneurship in Poland Contemplated internationalisation support instruments Based on the positive evaluation of the perspectives for development of economic cooperation with India and the Arctic Council countries (Denmark, including Greenland and the Faroe Islands, Finland, Iceland, Canada, Norway, Russia, United States and Sweden), the Ministry of Economy decided to include new priority directions (in addition to China and Africa) and to implement two additional systemic projects: „Go India” and „Go Arctic”. In addition, there are plans for the implementation of the following projects within the framework of the Smart Growth Operational Programme 2014-2020 (OP SG): 1. Sub-measure 3.3.1 of the OP SG – the “Polish Technology Bridges” programme – support within the framework of the project will be provided to micro-enterprises and SMEs having the potential for rapid growth and operating in sectors linked to National Smart Specialisations. The project will be implemented by the Ministry of Economy in cooperation with the Polish Agency for Enterprise Development and with various social partners on markets such as: USA, Israel, Germany, China and the United Kingdom. The launch of the project is a consequence of very encouraging results of the Polish Silicon Bridge project (Sub-measure 6.2.1. The Polish Silicon Bridge). 2. Sub-measure 3.3.2. of the OP Smart Growth – the „MPG Brand” project implemented by the Ministry of Economy; the project has a non-competitive status. In connection with the considerable success of sub-measures 6.5.1 and 6.5.2 of the OP Innovative Economy, within the framework of the new financial perspective the decision was made to carry on with the implementation of the promotional programmes along similar lines. The project is intended to promote 10 industries and product groups on selected markets and to carry out promotional activities on priority markets as well as to ensure the coordination of the promotion system. 3. Sub-measure 3.3.3 of the OP Smart Growth – the go.to.brand project implemented by the Polish Agency for Enterprise Development, which provides for the provision of financial support to entrepreneurs participating in promotional programmes. In particular, support will be provided to the following entities: a. entities which offer an innovative product or service (a product brand which may become a global brand, recognisable on foreign markets), b. entities engaging in export activities, c. entities engaging in independent R&D activities which have purchased or implemented appropriate innovative solutions. Support within the scope of internationalisation of the activities of enterprises from the Eastern Poland macro-region will be maintained. Within the framework of Measure 1.2 of the OP Eastern Poland, enterprises commencing activities on new foreign markets will be able to apply for support for the following activities: − performing analyses of the export capabilities of the company; − selection of the most promising target markets and of the concept for the entry into the given market; − prospection, selection and establishment of cooperation with international partners and ensuring that the process proceeds to commercial negotiation stage; − adjusting products or services to the requirements of the target market. 69 Entrepreneurship in Poland 2.7 Barriers for business activity as perceived by entrepreneurs A survey of entrepreneurs can be a valuable source of information about the barriers they encounter when running a business; therefore, the Ministry of Economy carries out regular research among SMEs. Recent survey conducted by the Ministry of Economy61 indicates that in 2014 the evaluation of the legal and institutional environment in which enterprises operate, did not significantly change as compared to previous years. In the view of the entrepreneurs surveyed, the most significant barrier to the pursuit of economic activities is still the level of taxes and fees imposed under the provisions of applicable laws – an opinion shared by 38% of all surveyed entrepreneurs in the second half of 2014. which is by 1-2 percentage point(s) higher than in the first half of 2014 and the second half of 2013. 16% of respondents pointed towards low turnover; the percentage in question is lower than in the previous survey. Complexity of legal regulations constituted a barrier for 5% of the surveyed entrepreneurs, although only few years ago entrepreneurs indicated it as the third most important barrier. Competition from small enterprises (6% of all causes selected) and large corporations (also 6%) were other significant barriers indicated by respondents. Although the percentage of respondents pointing towards these barriers has become steady over recent years, it still remains relatively high. The share of entrepreneurs indicating bureaucracyas a barrier remained at the level of 4-6%. Chart 16. The most important barriers to the development of entrepreneurship in the second half of 2014 Other (please specify) It is difficult to say Premises (rent amount, purchase of premises) Waiting time for payment from contractor total Competition from large enterprises medium Corruption small Competition from small and medium-sized enterprises micro Bureaucracy Complexity of regulations Labour cost Lack of proper qualifications of the workforce Low turnover Amount of taxes and fees provided by law 0% 10% 20% Source: Survey of the SME sector. Ministry of Economy, June 2015. 61 Survey of the SME sector (no. 1/2015), Ministry Of Economy, June 2015r. 70 30% 40% 50% Entrepreneurship in Poland Since a number of editions of the survey, the number of respondents who pointed towards labour costs, personnel qualifications and workplace conditions remains low, with each option being selected by a few percent of all respondents. When considering the barriers to business depending on the size of the entity involved, one may reach the conclusion that most entrepreneurs invariably continue to point towards the same principal barrier to doing business. Thus, within the micro-enterprises group, the amounts payable due to taxes and fees provided for under the provisions of applicable laws constituted a problem for 40% of all respondents in the second half of 2014. Low turnover was the second most important barrier, mentioned by 17% of those surveyed. while other barriers are less important for the smallest companies – they are indicated by only a couple of per cent of the surveyed. Among the owners of small businesses, amounts payable due to taxes and fees provided for by the provisions of applicable laws were mentioned by 21% of respondents as the most important barrier. Waiting time for payments from contractors and lowturnover were each indicated as essential barriers to the growth of small enterprises by 13% of respondents. For owners of medium-sized enterprises, much like in the case with micro- and small enterprises, the greatest obstacles were the amount of taxes and fees provided for by law (25%) and competition from other small and medium enterprises, mentioned by every fourth respondent. The analysis of the results of the survey show that the level of satisfaction with individual categories of regulations which determine the conditions for the pursuit of business activities continues to decrease. The number of negative responses has been on the rise since 2009, which should be linked to the impact of macroeconomic conditions on the assessment of business regulations by entrepreneurs. In the second half of 2014, nearly two thirds of those participating in the survey had a negative opinion on the tax law regulations, which was one of the highest figures recorded in the history of the survey. A high number of negative opinions (nearly 40% of survey participants) was recorded in the case of labour law. The structure of responses to questions on the regulations and procedures pertaining to economic courts has stabilised over the recent years (with nearly half of all responses being negative and 10% being positive). The number of negative responses pertaining to regulations related to the supervision of business activities was considerably higher in the survey concerning the second half of the year. From the first half of 2012, the number of negative responses with respect to regulations and procedures pertaining to settlements with contractors is decreasing. In the second half of 2014, a total of 31% of all respondents were dissatisfied with the said regulations and procedures. In the second half of 2014, less favourable provisions in the field of tax regulations came to the attention of slightly fewer respondents (28%) than in the first half of the year. Changes in the supervision of business activities were unfavourable in the view of 20% of all surveyed, while 19% of them were of the same opinion with respect to the changes in business law as a whole. At the same time, more favourable regulations pertaining to the establishment and winding up of enterprises were noticed by 20% of the entrepreneurs surveyed. In 2014, most entrepreneurs (70-72%) did not notice any changes in the regulations concerning setting up and closing companies. Those entrepreneurs who noticed some changes found them to be favourable rather than unfavourable. 71 Entrepreneurship in Poland Chart 17. Assessment of legal provisions governing business activity Very Bad Bad Average Good Very Bad Perfect 100% Bad Average Good Perfect 100% 80% 80% Bad Average Good Very Bad Perfect Bad Average Good 2014.2 2014.1 2013.2 2013.1 2012.2 2012.1 2011.2 2011.1 2010.2 2010.1 2009.2 2009.1 2008.1 2007.2 2007.1 2014.2 2014.1 2013.2 2013.1 2012.2 2012.1 2011.2 2011.1 2010.2 2010.1 2009.2 2009.1 0% 2008.2 0% 2008.1 20% 2007.2 20% 2007.1 40% 2006.2 40% Very Bad Labour law 60% 2006.2 60% 2008.2 Tax Law Perfect 100% 100% 80% 60% 2014.2 2014.1 2013.2 2013.1 2012.2 2012.1 2011.2 2011.1 2010.2 2010.1 2009.2 2009.1 2008.2 2008.1 2007.1 2014.2 2014.1 2013.2 2013.1 2012.2 2012.1 2011.2 2011.1 2010.2 2010.1 2009.2 2009.1 0% 2008.2 0% 2008.1 20% 2007.2 20% 2007.1 40% 2006.2 40% Supervision of business activities 2006.2 Economic courts 60% 2007.2 80% Evaluation of changes, that took place in the second half of 2014: Wors Very Bad Bad Average Good 0% Perfect 100% Tax Law 80% Labour law Economic courts 60% Settlements with contractors Supervision of business activities 40% Settlements with contractors 20% Setting up and closing companies Total economic law 2014.2 2014.1 2013.2 2013.1 2012.2 2012.1 2011.2 2011.1 2010.2 2010.1 2009.2 2009.1 2008.2 2008.1 2007.2 2007.1 2006.2 0% Source: Survey of the SME sector, Ministry of Economy, June 2015 72 Unchanged 25% 50% Improvement 75% 100% Entrepreneurship in Poland 3. INSTITUTIONAL ENVIRONMENT OF ENTERPRISES Legal regulations forming a key part of the institutional environment of businesses remains one of the main factors hampering the growth of entrepreneurship in Poland. Excessively complicated and obscure law is mentioned in public polls as a barrier to starting up and running a business. If one manages to wade through formalities, it turns out that the law frequently imposes excessive obligations on the entrepreneurs, causing them to incur unjustified costs – such a state of affairs is still a common experience among many entrepreneurs. By their very nature, enterprises are not prepared for regulatory risks, therefore they perceive frequent legal changes as actions aimed against them. Legislative initiatives should therefore meet their expectations to a considerable extent. Transparency and uniformity of regulations, on the other hand, should eliminate any doubts as to the interpretation of the law so that enterprises can operate on the basis of clear and comprehensible legal standards. The quality of the regulatory environment constitutes one of the basic dimensions and indicators of the functioning of a modern state founded on the principle of the rule of law. In 2014 and in the beginning of 2015, activities were continued in the area of improving the regulatory environment and the institutional environment of businesses. The activities form part of the “Better Regulations 2015” programme adopted by the Council of Ministers on 22 January 2013, the main objective of which is to provide systemic and organisational solutions necessary for the creation and evaluation of the applicable laws based on analytical evidence, in particular to reduce costs of running a business activity and increase competitiveness of Polish economy. They predominantly focused on the review of business law with respect to the most burdensome regulations constituting major barriers to the development of entrepreneurship and to the implementation of relevant legal regulations facilitating the pursuit of business activities. The new regulations introduced within the framework of the so-called fourth deregulation act included facilitating measures for entrepreneurs pertaining to inspection procedures in Polish seaports. The analysis of the barriers made in the preceding chapter shows that one of the crucial spheres which attracts a significant amount of criticism from entrepreneurs is the system of courts dealing with business issues. However, in recent years a number of positive changes were introduced which was also reflected in international rankings (including, for example, the time it takes to enforce one’s rights under contracts, which has decreased considerably). From December 1, 2014, a modified version of the “one stop shop” principle has been in force. This new set of regulations introduces changes intended to streamline the functioning of the “one stop shop” principle with respect to limited liability companies. Reforms are also being implemented in the field of taxation. The recent changes include facilitating measures pertaining to the settlement of VAT on the import of goods for taxpayers having the status of an authorised economic operator (AEO). Detailed information on changes pertaining to taxation is presented in Annex II, much like the detailed information on other solutions referred to in chapter III. In 2014, the share of enterprises financing new investments with credit increased to approximately 29%, while the share of enterprises using their own funds for this purpose fell to approximately 48%. At the same time, the activity of SMEs on the credit market was significantly greater than in the previous year. The share of financing of investments by banks amounted to approximately 34% at the end of the year within this group of companies; the corresponding figure for large companies was about 22%. Apart from credit facilities, enterprises have an increasingly broad access to non-bank sources of financing. Leasing can serve as an example; at the end of 2014, the turnover of this sector were 30% higher than before the economic crisis. Factoring is becoming an increasingly significant source of access to working capital, especially for smaller companies. The turnover of this sector in Poland is the eight highest in the EU insofar as the ratio to the GDP is concerned. The financial perspective for years 20142020 brings about new opportunities for the development of enterprises, especially with regard to the 73 Entrepreneurship in Poland increase of their competitiveness. Within the framework of the Partnership Agreement, beneficiaries (including, inter alia, economic operators) will have access to an amount of approximately EUR 77 billion in total. Infrastructure also has an impact on the business environment. It has an influence on the time and cost of the carriage of goods and movement of persons as well as on the decisions on the commencement of activities and, in particular, on the decisions concerning the involvement in specific investment projects. Transport infrastructure (with particular emphasis on roads and railways) continues to be a problematic area, as the many years of neglect in the era of the centrally planned economy coupled with the considerable amount of capital necessary for investment in this field go to show. Among other factors, structural funds constitute a considerable opportunity which may allow the economy to overcome these difficulties. 3.1 Regulatory environment Between 2011 and 2014 four deregulatory initiatives were carried out which involved 300 amendments to over 100 acts; financial benefits for the economy arising out of the solutions implemented may reach the level of several billions of Polish zlotys, in particular in the form of savings made due to the reduction of red tape. The solutions implemented address specific barriers to business activity identified in practice. (a) Under the first of the said initiatives (the Act of 25 March 2011 on limiting the administrative barriers for citizens and entrepreneurs) a number of changes have been introduced, including, inter alia, the option for citizens and entrepreneurs to submit declarations in lieu of the previously required certificates (the principle requiring state institutions to put their trust in citizens and the principle requiring administrative authorities to obtain as much information as possible on their own, from other authorities) as well as consumer leasing, i.e. the possibility of entering into leasing agreements with individuals who do not pursue business activities. (b) Under the second initiative (the Act of 16 September 2011 on the reduction of certain obligations of citizens and entrepreneurs), certain disclosure requirements imposed upon entrepreneurs have been abolished, allowing for a decrease in the costs of business activities. (c) The third initiative (the Act of 16 November 2012 on the restriction of certain administrative obligations in the economy) resulted in the introduction of solutions aimed at improving the financial liquidity of enterprises, the abolition of certain administrative obligations (disclosure requirements) as well as the simplification of the regulatory environment. (d) The next act (the Act of 7 November 2014 on facilitating business activity) comprised, among other things, the so-called “Port Package”. Act of 7 November 2014 on facilitating business activity (Dz. U. (the Journal of Laws) item 1662) (the so-called. 4th deregulation act). At the end of 2014 the 4th deregulation act was adopted, introducing more than 40 facilitating measures intended to make running a business easier, including the abolishment of certain redundant bureaucratic obligations which previously existed in business law. These facilitating measures apply to nearly 30 Acts. The act entered into force on January 1, 2015. It was prepared in cooperation with organisations representing entrepreneurs as well as with other government ministries. The changes introduced are a continuation of previous three deregulatory initiatives, which introduced a total of 284 amendments in 109 Acts. The act implements the policy involving the facilitation of business activity and the reduction of superfluous burdens on a “step by step” basis. The solutions implemented address specific barriers to business activity identified in practice. 74 Entrepreneurship in Poland The most significant solutions introduced under the act are as follows: • facilitating measures for entrepreneurs pertaining to inspection procedures in Polish seaports, introduced within the framework of the so-called port package, i.e. − shorter border control time and coordination of border control activities by the customs administration, − extension of the time-frame for VAT settlement in imports for authorised importers (AEOs), • reduction of certain administrative obligations placed on entrepreneurs, which serves to simplify their contacts with administrative authorities and limits the costs related to business activities: − abolishment of the obligation of entrepreneurs to obtain obligatory confirmation of VAT-R registration application, − replacement of the existing system of settlement of income tax payable with regard to the use of company vehicles for private purposes with a simplified system based on lump-sum payments, − reduction of statistical obligations for micro-entrepreneurs (release from the data disclosure obligation during the year of commencement of business activity), − making it possible for the new employer to use the medical certificate obtained by an employee for the purposes of previous employment in cases where the previous and current job positions are similar in nature (the simplification of procedures related to hiring new employees); • introduction of changes aimed at providing support for investments: − facilitating access to export insurance guaranteed by the State Treasury – the Export Credit Insurance Corporation, − facilitating access to the financing of investments from the National Fund for Environmental Protection and Water Management and from the corresponding province funds; • enhancement of cross-border exchange procedures: − non-preferential certificates of origin may now be issued by entities other than customs authorities, i.e. The Polish Chamber of Commerce, − plant passports may now be issued independently by a broader group of entities than it was previously allowed, − facilitating measures for incoming shipments of products imported from third countries (more border control points are now available for the purposes of controlling those products for which no phytosanitary inspections are required). Furthermore, in December 2014 the Act of 24 April 2014 on the standardisation of specific document specimens in administrative procedures entered into force. The aim of the Act is to enable online submission of applications in 64 administrative procedures. The Act imposes an obligation to define and make available specimens of documents in electronic form for specific administrative procedures. It will implement specimens of documents that will be uniform in the entire country, especially as regards the issuance of permits, entries in registers or issuance of certificates. The standardisation of specimens of documents in administrative procedures will make it possible to put them into an electronic form. At the same time, the shorter application review procedure will speed up the commencement of business activity. Another important step towards a better regulatory environment is the preparation of tenets for the draft Business Activity Law which was adopted by the Council of Ministers on 12 May 2015. The draft Business Activity Law, prepared on the basis of the aforementioned tenets as well as the draft act containing the implementing provisions for the Business Activity Law were approved by the Council of Ministers on July 28, 2015. The new Business Activity Law will replace the Act of 2004 on the Freedom of Business Activity and will reinforce the rights of entrepreneurs. The act will highlight and systematize basic principles for pursuing business activity, forming a catalogue of fundamental rights of 75 Entrepreneurship in Poland entrepreneurs. Moreover, the act will determine specific rules for administration authorities operating in the area of economy. The legislative amendments proposed are expected to modernise legal framework of business activity in Poland. It is proposed to provide a more systematic structure of the regulations by way of ensuring that the main act on business law contains a catalogue of rights and legal institutions, along with the introduction of specific solutions. The draft version puts the main focus on the following objectives: − new rules strengthening the position of an entrepreneur, e.g.: favourable interpretation and the principle of the presumption of fairness, the principle of legitimate expectations (an authority cannot take an entrepreneur by surprise), the principle of submitting information once and the obligation to set reasonable deadlines for entrepreneurs, − introduction of mediation into administrative procedures related to pursuing business activity, − making the relationship between an entrepreneur and administrative authorities more friendly by applying the principle of the presumption of fairness and promoting the use of caution instead of sanctions whenever possible, − creating a complete set of regulations where the basic restrictions of business activity (reglamentation) would be explicitly listed, − involvement of entrepreneurs’ organisations in the implementation of certain public objectives, − implementation of directives on penalties. At the same time, draft amendments to the act governing the operation of economic intelligence bureaus are being developed. The aim of the amendments is to improve access to comprehensive information on payment history for small and medium enterprises, reduce costs of access to complementary information on payment history, enhance the protection of debtors against unjustified entry to the debtor register and enable the development of better databases containing information on liabilities, allowing for a better verification of potential contractors and improved payment reliability. The effect of the changes shall be the creation of a common, inexpensive and efficient system for exchanging information about payment history which will constitute an effective mechanism for reducing risks related to running a business. The draft guidelines were adopted by the Council of Ministers on 24 February 2015. In addition, on 18 February 2014 the so-called “two dates” principle was adopted by the resolution of the Council of Ministers. It means that, in principle, draft legal acts (draft acts and draft regulations) governing the terms and conditions of pursuing business activity shall come into force twice a year, i.e. on 1 January and 1 June, with a vacatio legis of at least one month. Any derogation from this principle will be exceptional and motivated by important reasons. The aim of the solution adopted is to improve the operations of enterprises, especially micro-, small, and medium-sized companies, by reasonable and efficient activity planning, to shorten the time devoted to analysis and adapting to new regulations, to reduce the costs of pursuing business activity as well as to increase the trust of citizens and entrepreneurs for the state. Additional actions have also been taken in the scope of improving the quality of regulations, including the reduction of the regulatory burden. The Ministry of Economy and the Chancellery of the Prime Minister have prepared a document aimed at giving the process of assessing the impact of legal regulations a more ordered structure and ensuring that the impact is correctly assessed at the stage of developing legal solutions (predicted impact) as well as their application (observed impact). Such an assessment, when carried out correctly, provides materials arguments in favour of the implementation of a given legal act, prevents adoption of unnecessary regulations, and improves the effectiveness and transparency of the law. In particular, the guide is addressed to administration employees working on new legal regulations. It consists of the general part where impact assessment issues are introduced, 76 Entrepreneurship in Poland and the specific part where rules and practical hints for the preparation of high-quality impact assessments and for the conducting of public consultations with citizens, including entrepreneurs, are presented. The document includes detailed instructions on how to fill impact assessment forms standardised since 1 January 2014, i.e. regulatory test, regulatory impact assessment and legislative health check (the so-called ex-post regulatory impact assessment) . The document was adopted by the Council of Ministers on 5 May 2015. It replaced the previous recommendations concerning regulatory impact assessment and public consultations in the legislative process. The document is to be made available on an interactive platform, i.e. on an online platform, and linked to other websites featuring upto-date examples, good practices and detailed approaches to carrying out analyses and public consultations. Additional information, useful when carrying out an impact assessment, is available in the so-called Impact Assessment knowledge base which can be accessed through the Ministry of Economy’s website62. The knowledge base was upgraded in mid-July 2014. All materials are published in one of five sections: practical information, regulatory burden, analytical tools, examples, and publications and other information. Furthermore, as part of a pilot project under the “2015 Better Regulation” Programme, the Polish Agency for Enterprise Development carried out a detailed analyses of the impact of proposed solutions on micro-, small and medium enterprises as part of impact assessment (the so-called SME test). In 2014, such an analysis was conducted three times: with respect to the draft guidelines for the draft Act Amending the Act on Special Economic Zones, the draft guidelines for the draft Act Amending the Act on Public-Private Partnership and the Public Finance Act and the proposed amendments to the Labour Code and certain other acts concerning the reduction of the burden placed on employers with regard to the maintenance personnel records. A preliminary analysis was also carried out in the case of guidelines for the Act on Social Enterprise and Supporting Social Economy. In 2015, detailed assessments of the impact on the SME sector shall still be performed. In April 2015, a pilot online consultation system was launched (www.konsultacje.gov.pl). It is used for publishing selected legislative and non-legislative initiatives which, among others, are controversial and raise considerable public interest. In 2014, the entities responsible for the preparation of the drafts published in the system included: the Ministry of Economy, the Ministry of Health, the Ministry of Justice, the Ministry of Labour and Social Policy, the Ministry of Finance and the Ministry of Administration and Digitization. The system of online consultations facilitates the participation of stakeholders (including, in particular entrepreneurs) in the legislative process, as they are able to submit their observations and opinions via the Internet. Another aspect of running a business are the disputes between economic entities. In order to lighten the workload of the courts and facilitate the resolution of disputes, works on the act supporting amicable dispute resolution in economic matters have been initiated. The aim of the draft act, accepted by the Council of Ministers on 12 May 2015, is to promote mediation and other out-of-court dispute resolution methods, in particular in the case of disputes between entrepreneurs, because one of the major barriers which negatively influences the popularity of mediation in Poland is the lack of knowledge about such an approach. New regulations are intended to raise awareness among entrepreneurs with respect to mediation as an alternative to court proceedings and to make it possible to resolve disputes in a more affordable, more rapid and less formalized manner. In addition, in order to increase the popularity of mediation, incentives of economic nature have been introduced; they comprise waiving the court fee for filing an out-of-court settlement concluded in the 62 http://www.mg.gov.pl/Prawo+dla+przedsiebiorcy/Ocena+Wplywu+regulacji+baza+wiedzy. 77 Entrepreneurship in Poland presence of a mediator, the possibility of granting exemptions from the costs of court mediation to persons in a poor financial situation or refunding court fees in cases where a settlement is reached before the court assigns a day for trial. The incentives are designed to encourage parties to make attempts to resolve their dispute amicably, both before they file a case in court and when the proceedings are pending, at the earliest stage possible. There are also 6 Mediation and Arbitration Centres (in Białystok, Katowice, Kraków, Lublin, Poznań and Warsaw)63 Their aim is to promote information on benefits of amicable dispute resolution and to carry out mediation procedure in individual cases. Major benefits of Mediation and Arbitration Centres include: − lower number of cases resolved by civil and economic divisions of common courts, − quicker proceedings in common courts due to a lower number of cases and broader use of referral to mediation among judges, − considerable reduction of dispute resolution costs, in particular in the case of disputes between entrepreneurs, − fact-based analysis of the reasons behind a dispute and possibility of further cooperation between the conflicted parties, − improvement of legal culture, in particular the culture of resolving disputes between Polish entrepreneurs, − promotion of alternative dispute resolution among Polish entrepreneurs and lawyers, including judges. 3.1.3 Reporting obligations of entrepreneurs Numerous obligations are imposed on all entities of the national economy by the Act on public statistics (Dz. U. (the Journal of Laws) for 2012, item 591 as amended). Pursuant to Article 30 of the Act, each entity is obliged to: 1) to have an identification number of the national official registry of entities of national economy and use it when conveying information used for statistical purposes, 2) apply classification standards defined on the basis of art. 40 of the above-mentioned Act to the records and documentation maintained, 3) to convey – free of charge – statistical information and data concerning the activity conducted and the results thereof in the form, within the time-frames and according to methodological principles defined in detail in the statistical research programme for public statistics and in the regulations issued on the basis of art. 31. In 2014, reporting obligations of entrepreneurs were defined by the Statistical research programme for public statistics introduced pursuant to the regulation of the Council of Ministers of July 9, 2013, on the statistical research programme for public statistics for 2014 (Dz.U. [the Journal of Laws] for 2013, no. 1159, as amended). It contained 250 research topics in total (in 2013 – 243, in 2012 – 246), of which 160 studies were conducted by the public statistics services (Central Statistical Office and Statistical Offices); 48 further studies were conducted jointly by the CSO and individual ministries, the National Bank of Poland and other central offices; in addition, 42 studies were conducted independently by leading or central government administration bodies. Compared to the previous year, the following new research themes were introduced to the research programme: situation on the labour market among migrants and their children, economic deprivation, characteristics of real estate resources (buildings), the art market, the finances of cultural institutions, prices of residential properties and fiscal data for the purposes of EU budget supervision. Furthermore, each year recurring research is conducted at predefined intervals (every two or more years). In 2014, 9 63 You can find more information at: http://www.caim.gov.pl 78 Entrepreneurship in Poland such research programmes were conducted, including, inter alia: non-registered labour (every five years), salary structure (every two years), participation of citizens in cultural activities (every 5 years) and the European Health Survey (every 5 years). Due to the cyclical nature of the research conducted, the Statistical Research Programme for Public Statistics in 2014 did not include the results of 10 research programmes. In 2014, much like in the preceding year, the Minister of Economy conducted 10 statistical research programmes for the purposes of public statistics. The primary subject area in which statistical research was performed was the materials, fuel and energy sector market, within the framework of which the Minister conducted 5 research programmes: Fuel and energy balances, Electricity and heat generation, Specialist statistical research on fuels and energy, Liquid and gas fuels and Bituminous and brown coal mining. Furthermore, research was conducted in the area of Industrial activities and Economic relations with foreign countries. The Statistical Research Programme for Public Statistics provides detailed information on the scope of data collected and specifies the entities which are under the obligation to provide such data, divided, inter alia, according to their legal and organisational form or the type of activities performed. In accordance with the authorisation contained in art. 31 of the Act on Public Statistics, a regulation of the Prime Minister is issued every year, the said regulation concerning the definition of report specimen forms, instructions as to the manner of completion thereof as well as specimens of statistical questionnaires and surveys used in statistical studies defined in the public statistics research programme. It contains over 400 specimens of statistical forms, questionnaires and surveys in which the detailed scope of data to be provided and the entities placed under an obligation to provide such data for the purposes of public statistics according to specific deadlines were specified. In July 2015, the Act of 9 January 2015 amending the Act on Public Statistics and Certain Other Acts (Dz.U. [the Journal of Laws] for 2015, item 855) entered into force. Due to the changes in the legal environment, including, in particular, the European Union legislation, as well as the changes in the interpretation of domestic law, the aforementioned act addresses the following issues: 1) the provisions authorising the public statistics services to engage in the processing of personal data are more specific and precise; in particular, the new chapter 4a was added, entitled “Access of public statistics bodies to personal data”. In addition, art. 18 provides a more precise set of guidelines for the issuance of regulations by the Council of Ministers which define the programme for statistical research conducted for the purposes of public statistics. 2) the scope of the guarantee of gratuitous and temporary access of public statistics services to the administrative sources of data has been extended; the burdens imposed on the respondents, pertaining to the provision of data directly to statistical services in cases where the relevant data is already being processed within administrative systems for other purposes, have been reduced to the necessary minimum. 3) the formula of the statistical research programme for public statistics has been changed, as has been the manner of detailed determination of the obligations pertaining to the provision of data for statistical purposes, taking into account the technological changes of the process of collection of statistical data, 4) new concepts have also been introduced: the concept of statistical data, identifiable individual data and non-identifiable individual data. According to the act on public statistics, entities of the national economy are under an obligation to apply classification standards and naming conventions (nomenclatures) both in their records and in their documentation and account books. According to the methodological principles of classification, as a rule the interested entity is supposed to classify its own activities, products, goods or services, tangible 79 Entrepreneurship in Poland assets and buildings and structures according to the principles laid down in individual classifications, introduced under the provisions of the regulations of the Council of Ministers or applied directly pursuant to the provisions of Community Law. Where there are any difficulties as to the determination of the correct classification (type of activities performed, type of goods/services, type of tangible asset or building/structure), the entity in question may file an application for the provision of information to the Centre for Classification and Nomenclatures. The Centre for Classification and Nomenclatures provides information on the applicable classification standards with respect to: The Polish Classification of Activity, the Polish Classification of Goods and Services, the Classification of Tangible Assets, the Polish Classification of Buildings and Structures. For many years, the Central Statistical Office has been conducting systematic research concerning households, farms and people comprising the above entities. The research in question is performed in the form of questionnaires, conducted with the participation of public statistics researchers (interviewers). These questionnaire surveys are representative in nature, which means that they examine a randomly selected group of farms or households, representing all of the farms/households in Poland. Unlike the reports filed by enterprises, these surveys are voluntary, The results of analyses conducted on the basis of the surveys performed within the framework of statistical research programmes for public statistics are presented in public documents of the Central Statistical Office and of the Statistical Office of the European Union (Eurostat). An increasing number of those documents are also available on the website of the CSO, using the databases and databanks compiled for the purposes of public statistics, such as the Subject-specific Knowledge Bases, the STRATEG database, the Foreign Trade database or the Geostatistical Portal. 3.1.4 Audits and supervision over entrepreneurs Basic regulations pertaining to the control of business activity of an entrepreneur are contained in the Act of July 2, 2004 on the Freedom of Economic Activity (Dz. U. [Polish Journal of Laws] of 2013, No. 0, item 672). The Act defines, inter alia, the principles and procedure of control and obligations and rights of entities conducting control, as well as obligations and rights of the entrepreneur in the course of control activities. Taking into account the size of entities that are authorised to control enterprises and the difficulties presented by the generalisation of trends in this regard, the data pertaining to control procedures conducted by selected institutions, and especially the National Labour Inspectorate, tax audit offices, Trading Standards Association as well as the Office of Competition and Consumer Protection, is presented below. Compliance with labour law, and in particular the regulations and principles of occupational health and safety is supervised and controlled by the National Labour Inspectorate. In 2014, the inspectors of the National Labour Inspectorate conducted approx. 90.1 thousand inspections at about 72.7 thousand employers who employed 3.7 million individuals in total. In connection with the ascertained breaches of the regulations concerning occupational health and safety, more than 318,3 thousand decisions were issued, by 1,21% more than in 2013. In 2014, labour inspectors issued 16 decisions ordering the cessation of business activity or activity of a certain type (for 2013, the number of such decisions was 18 in total). They were related mostly to plants that belonged to the following branches: processing industry (9), transportation and storage (2), trade and repairs of motor vehicles (2). 80 Entrepreneurship in Poland During the reporting year, apart from the decisions in the field of occupational safety, inspectors issued nearly 8.1 thousand decisions ordering the payment of remuneration or other benefits stemming from the employment relationship. These decisions were related to the receivables of 95.4 thousand employees, amounting in total to PLN 171.4 million. In 2014, 78 and 38 complaints were submitted to province administrative courts against decisions and resolutions of regional labour inspectors, respectively. Until the end of the year 2014, 37 complaints against decisions were considered; 23 complaints were dismissed, while a further 4 were rejected. The complaint was considered justified in 9 cases, while in one case the decision issued was declared null and void. As regards the complaints lodged against resolutions, a total of 24 cases were considered, with 10 complaints being dismissed and 4 being rejected. The proceedings were discontinued in 9 cases, while in one case the resolution was set aside.During the same period, a total of 23 cassation appeals were filed with the Supreme Administrative Court. Until the end of 2014, a total of 21 cases were considered by the NSA (including both those initiated in the presently discussed period as well as in the previous years). The Province Administrative Court in Warsaw examined 6 complaints against decisions (3) and against resolutions (3) of the Chief Labour Inspector in 2014. Illegal employment or other illegal gainful work was discovered in the case of 20.7% of the entities subject to control (in 2012 the figure was 20.2%)64. In 2014, the Treasury Control Offices performed 10.1 thousand audits in total65 – 0.71% less than in the previous year. Furthermore, acting at the request of other institutions, they performed more than 5.7 thousand actions aimed at the verification of documents of the counterparties of taxpayers subjected to control as well as more than 2.8 thousand interviews and inspections. As a result of audits, irregularities were identified resulting in tax depletions for an amount of PLN 10.6 billion, including findings with regard to which decisions were issued, which accounted for more than PLN 10.2 billion. Taxpayers, in result of conducted audit procedures, submitted voluntary tax statement adjustments, increasing their tax liabilities by the amount of PLN 410.7 million. As a result of activities undertaken by the tax auditors, the payment of a total amount of PLN 227.1 million of unduly applied-for VAT tax refunds from the budget was prevented. As for the findings made in 2014 with regard to taxation, VAT constituted 85.93% of total findings, followed by corporate income tax (4.36%) and personal income tax (3.87%), while the figure for excise tax was 4.15%. Much like during the previous period, the number of fictional invoices detected during the audits increased once again in 2014, rising from 154.6 thousand to 207 thousand. (+33.83%). Their gross value has also increased substantially, rising from PLN 19.7 to 33.7 billion. The amounts determined during a single audit has increased substantially. In 2014, the amount in question was 1049.2 thousand (65.5% more than in 2013). The amounts determined during a single complete fiscal audit during the same period increased by 81.1%, reaching the level of 1649.9 in 2014. The branches of industry in which there was a particularly high risk of fiscal irregularities include the trade in fuels as well as the electronics industry. See the Report on the activities of the National Labour Inspectorate in 2014, the National Labour Inspectorate, Warsaw 2015 65 See: Statement of tax audit activities 2014, Ministry of Finance – Tax Audit Department, Warsaw 2015. 64 81 Entrepreneurship in Poland In 2014, the Office of Competition and Consumer Protection conducted 299 proceedings pertaining to the general security of products, completing 224 of the said proceedings. The products which were controlled most frequently included children’s confectionery (186), articles for children (45) as well as oil lamps (39). Among the 121 decision issued, the President of the Office imposed specific obligations onto entrepreneurs in 19 cases, and in 14 cases – fines. In 2014, the Office of Competition and Consumer Protection conducted 405 proceedings pertaining to the compliance assessment system; 291 of those proceedings were completed. The products which were examined most frequently included toys (197), electrical equipment (90) and machinery (17). As a result, the President of the Office of Competition and Consumer Protection (UOKiK) issued 242 decisions, imposing obligations specified in the applicable act on entrepreneurs in 24 cases.66 In 2014, province inspectorates of the Trade Standards Association conducted 7.3 thousand planned audits for UOKiK, of which most were related to agricultural products and foodstuffs (2.5 thousand) as well as to other non-food products and services (2 thousand). In thematic terms, a total of 19 nationwide inspections of agricultural and food products were performed in 2014, their aim being to disclose any possible adulteration of foodstuffs. Also, 11 nationwide audits of non-food products and services were conducted. IH performs tasks of the Office of Competition and Consumer Protection also in cases related to fuel quality control. In 2014, 931 fuel samples (petrol and diesel fuel) were examined. Among them, 3.87% did not satisfy quality requirements. The data presented pertains to the control exercised within the framework of the monitoring of the quality of liquid fuels. In relation to liquefied gas (LPG), 2.3% of 480 collected samples were found to contain irregularities. Taking into account the results of controls conducted in 2014, one must conclude that the quality of LPG in Poland deteriorated slightly, and the quality of liquefied fuels has seen a slight improvement when compared to the preceding year. The act of May 30, 2014 on the rights of consumers, which entered into force on December 25, 2014, applies, in general, to the relations between consumers and entrepreneurs. The act in question does not confer any new control rights upon the President of the Office of Competition and Consumer Protection. In 2014, insofar as the monitoring of compliance by entrepreneurs with the provisions of the act on the protection of competition and consumers, including, in particular, the prohibition on the application of practices which violate the collective interests of consumers, the President of the Office of Competition and Consumer Protection had the same instruments at his disposal as in the previous years. Insofar as the competences of the President of the Office of Competition and Consumer Protection which pertain purely to control and monitoring are concerned, the changes introduced under the act of June 10, 2014 on the protection of competition and consumers as well as of the Code of Civil Procedure which entered into force in 2015 pertain to the following issues: − the separation of two instruments: control and inspection; − the non-applicability of the provisions of the act on the freedom of economic activity as well as on objections against inspections; − the designation of the provisions of the Code of Criminal Procedure which shall apply to inspections conducted by the President of the Office of Competition and Consumer Protection; − the introduction of the possibility of lodging a complaint with the Office of Competition and Consumer Protection by the person or entity subjected to an inspection as well as by other persons whose rights were infringed in the course of inspection; − the elaboration of the provisions on monetary penalties for non-cooperation in the course of control action. 66 Based on the data provided by the Office of Competition and Consumer Protection. 82 Entrepreneurship in Poland The act on consumer rights as well as the amended act on the protection of competition and consumers have caused the provisions on consumer contracts concluded both on the premises of an enterprise and outside those premises as well as the provisions on distance contracts (pertaining to the information duties, the formal requirements related to the conclusion of such contracts and the right of withdrawal from such contracts as well as the rules on the submission of complaints) to be both precise and more uniform. The entry into force of the aforementioned act has not resulted in the introduction of any changes in the field of control and supervision exercised over entrepreneurs by the bodies of the Trade Inspection.67 3.1.5 Labour law and social security In 2014, beneficial changes were introduced both with respect to labour law and with respect to social insurance; nevertheless, in the view of entrepreneurs, there are many barriers which still continue to hamper their activities. Especially worth noting are, inter alia, high taxes and social insurance contributions, too rigid for the current level of economic development, the current provisions of labour law, the mismatch between the education system and requirements of the labour market and the low effectiveness of public employment services.68 In 2014 and in the first half of 2015, the following changes were introduced in the field of labour law which had an impact on the position of entrepreneurs: • on March 4, 2014, the provisions of the Act of January 24, 2014 on the amendment of the Labour Code (Dz. U. [the Journal of Laws] for 2014, item 208) entered into force, introducing changes with respect to working time, allowing for the performance on Sundays and holidays of works involving the provision of services using means of electronic communication within the meaning of the regulations on the provision of electronic services, or using telecommunication devices within the meaning of the provisions of the telecommunications law, where the recipients of such services are located outside the territory of the Republic of Poland, if, according to the provisions of the laws applicable to such recipients, the days which are non-working days in Poland are business days for such recipients – as well as ensuring the possibility of providing such services. • On April 1, 2015, the provisions of art. 229 of the Labour Code were amended; as a result, persons readmitted to work by the given employer on the same work position or on a work position offering identical working conditions on the basis of a new employment contract concluded within 30 days following the termination or expiry of the previous employment contract with the same employer shall no longer be under an obligation to undergo preemployment medical examination. Furthermore, pre-employment medical examination shall not apply to persons readmitted to work by the same employer on the same work position or on a work position offering identical working conditions within 30 days following the termination or expiry of the previous employment relationship with the same employer where such persons present to their employer an up-to-date medical certificate which confirms the absence of any counter-indications for work in the conditions described in the referral for medical examination and where the employer confirms that the conditions in question correspond to the working conditions on the given position, with the exception of individuals admitted for works presenting extraordinary risks. The lack of obligation to undergo medical examinations in the conditions 67 Source: data of the department of Trade Inspection of the Office of Competition and Consumer Protection. list of barriers to the development of entrepreneurship 2014, PKPP Lewiatan, Warsaw 2014. 68Black 83 Entrepreneurship in Poland referred to above shall also apply to situations where the individuals admitted to work are in a concurrent employment relationship with another employer. In 2015, the “Information of the Minister of Labour and Social Policy on the implementation of the act of May 28, 2013 on the amendment of the Labour Code and certain other acts (Dz. U. [the Journal of Laws] item 675 (document no. 3308)) was drawn up; the document in question is available on the website of the Sejm of the Republic of Poland. Insofar as social insurance is concerned, the following regulations have been implemented: • the act of April 9, 2015 on the amendment of the act on social insurance system (Dz. U. [the Journal of Laws] for 2015, item 689), which makes it possible to defer the repayment of overdue insurance contributions (including the receivables financed by the insured) or to make the said payment in instalments (entry into force on December 1, 2015); • the act on May 15, 2015 amending the act on pecuniary social insurance benefits in the event of sickness and of certain other acts (the acts currently awaits signature by the President of the Republic of Poland), which changes the form and mode of issuance of certificates on temporary unfitness for work (elimination of paper medical certificates in favour of electronic certificates which are sent directly to the IT system of the Social Security Institution), which allows the information on unfitness for work to be provided without delay to the contribution payer. The National Action Plan for Employment for years 2012-2014 (KPDZ/2012-2014) constitutes the basis for the implementation of the tasks of the state with respect to employment promotion, reduction of the effects of unemployment and stimulation of labour force participation. Its implementation is intended to contribute to employment growth and a reduction in unemployment as well as to improve social, economic, and spatial cohesion on the level of provinces and districts. The general objective of the National Action Plan for Employment has been to ensure that the employment rate for people aged between 20 and 64 remains at a level of 66.5% until the end of 2014; this objective has been achieved. The National Action Plan for Employment for years 2012-2014 contained two priorities: an adaptive labour market and strengthening labour market support. Within the framework of the adaptive labour market priority for years 2012-2014, a total of 51 tasks intended to contribute towards an increase of the labour activity of citizens (including, in particular, of those citizens who are members of groups which face marginalisation on the labour market) were performed. It needs to be emphasized that the actions performed included a great variety of measures, including, inter alia, actions intended to support the employment of persons aged 45/50+, actions aimed at the promotion of adult education and the support of lifelong education, actions aimed at the modernisation of vocational education system, the support of disabled persons on the lab our market, the support of entrepreneurship and self-employment, the development of low-cost housing, actions aimed at young people entering the labour market, actions aimed at ensuring that the workforce remains in good conditions, the development of solutions aimed at ensuring the reconciliation of professional and family life, the support of social economy and actions aimed at ensuring the improvement of work conditions and work safety. On the other hand, within the framework of the strengthening labour market service priority, a total of 20 tasks were performed, leading, inter alia, to the improvement of the efficiency of services rendered by the Labour Market Institute through the expansion and flexibilisation of the scope and form of support offered to the unemployed, job-seekers, individuals not in employment and employees facing 84 Entrepreneurship in Poland redundancy; the tasks in question in question were performed within the framework of the implemented labour market reforms). Another factor which was designed to contribute to an increase of the efficiency of actions performed on the labour market was the broader inclusion of non-public entities in the efforts aimed at improving the situation on the labour market. Furthermore, the actions performed also included the support of international labour mobility (with particular emphasis on the EURES network), the improvement of labour intermediation services, professional counselling and support of active job search as well as Individual Action Plans (provided by National Employment Services), the improvement of the qualifications of the employees of the Labour Market Institute through the continued development of modular training programmes, the development of the IT systems of the National Employment Services, supporting enterprises facing risks due to external factors (the Russian trade embargo) in order to help them avoid redundancies, testing new solutions within the scope of services for the unemployed, analytical efforts pertaining to the phenomena occurring on the Polish labour market, development of an adequate migration policy, the preparation and implementation of new solutions within the scope of labour market management as well as the stimulation of labour force participation among foreign nationals subject to international protection in Poland. The total expenditure linked to the implementation of the National Action Plan for Employment for years 2012-2014 during the final year of its implementation (2014) was PLN 6.7 billion; domestic funds accounted for 59% of the total expenditure, with funds obtained from abroad accounting for the remaining 41%. Box 2. The National Action Plan for Employment for years 2015-2017 The National Action Plan for Employment for years 2015-2017 (KPDZ/2015-2017) was adopted by the Council of Ministers on March 10, 2015. The Action Plan is intended to designate the directions of public policy pertaining to the labour market, including, in particular: the promotion of employment, reducing the consequences of unemployment as well as stimulation of labour force participation; at the same time, it also forms the basis which province local government units must take into account when drawing up Regional Action Plans for Employment. The primary objective of the National Action Plan for Employment for years 2015–2017 is to ensure that the employment rate for people aged between 20 and 64 remains at a level of 68.1% until the end of 2017. Two priorities were highlighted, whose implementation is supported by measures contained in the National Action Plan for Employment for 2015–2017: Priority 1: Increase of the efficiency of labour market management, to be achieved by: • ensuring the improvement of labour intermediation services and professional counselling services, rendered by national employment services; • ensuring the improvement of the education system and the adjustment of the said system to the expectations of entrepreneurs. The support measures are to be applied, in particular, with respect to the individuals aged 15-24, with particular emphasis on persons having a NEET (Not in Education, Employment, or Training) status. Priority 2: Increase the adaptiveness of the labour market, to be achieved by: • encouraging Polish citizens to change or supplement their qualifications; • encourage citizens to seek jobs outside their current place of residence; • supporting marginalised persons, e.g. persons facing long-term unemployment, persons aged 50+, persons having a NEET status, disabled persons and parents with young children; • improving the quality and attractiveness of professional education and ensuring that it remains adjusted to the needs of the labour market. The total amount earmarked for the implementation of the National Action Plan for Employment for years 20152017 over the course of 3 years is PLN 29 915 297 thousand, with domestic and international funds accounting for 89.01% and 10.9% of the above amount respectively. 85 Entrepreneurship in Poland The act of December 19, 2014 on specific solutions related to the protection of jobs (Dz. U. [the Journal of Laws] for 2015, item 150) introduced solutions which make it possible for entrepreneurs facing temporary restrictions on the import of products into the territories of other countries to take advantage of the support referred to in the act of October 11, 2013 on specific solutions related to the protection of jobs. More information can be found in Annex II (SBA Priority Area V – State aid and public procurement). The act of March 14, 2014, on the amendment of the act on the promotion of employment and labour market institutions and certain other acts (Dz. U. [the Journal of Laws] item 598) introduced innovative solutions aimed at increasing the impact of labour market policy, mitigating the effects of structural mismatch, and improving the effectiveness of labour market policy, with the measures intended to achieve the above objectives including a novel approach to the functioning of employment agencies as well as enhanced cooperation with labour market partners; the solutions referred to above shall pertain to the following areas: • the improvement of the efficiency of operation of employment agencies through, inter alia, providing profiled support to the unemployed, individualisation of services for the unemployed, introducing the possibility of outsourcing of services related to the stimulation of labour force participation, ensuring a closer cooperation between district employment agencies and communes with respect to clients who take advantage of the services of both of the above entities, • introducing new tools aimed at the support of job creation and the reemployment of the unemployed (including individuals returning to the labour market following a break in employment linked to childcare, including, inter alia, labour grants, stimulus payments and loans from the Labour Fund for the creation of job positions or for the commencement of business activities; • support for the employment of young employees, including inter alia, measures facilitating the acquisition of professional experience through the reimbursement of social security contributions for unemployed aged 30 and less who enter their first employment relationship, providing employers who employ unemployed individuals aged 30 or less following a referral by an employment agency with exemptions from the obligation to pay Labour Fund and Guaranteed Employee Benefits Fund contributions with respect to the aforementioned employees, introduction of a package of solutions tested during the pilot project entitled “Your career – Your choice” (training vouchers, internship vouchers, employment vouchers, accommodation vouchers); • providing support for employers who employ unemployed individuals aged 50+ through the allocation by the district governor of subsidies for the remuneration of the newly employed (and formerly unemployed) individuals aged 50 and more to employers or entrepreneurs who employ such individuals for a period of 12 or 24 months as well as the establishment of a National Training Fund, based on the funds provided by the Labour Fund and earmarked for the financing of employee training and education; • increasing the efficiency of the application of the funds provided by the Labour Fund, including solutions related to the alteration of the manner of financing of the activities and remuneration of employment agency employees so that they are closely linked to their efficiency, including, inter alia, ensuring that the relevant algorithm takes into account the efficiency of operations of employment agencies during the allocation of the funds provided by the Labour Fund for the purposes of financing of programmes related to the promotion of employment, the stimulation of labour force participation and the mitigation of the consequences of unemployment as well as making the remuneration of the employees of employment agencies dependent upon the effects of the operations of the said agencies. 86 Entrepreneurship in Poland Loans within the framework of the “First Business – Support at the Start” programme are granted from the funds provided by the Ministry of Labour and Social Policy to the Bank of National Economy as well as from the proceeds from the sale of shares referred to in art. 56.3.2 of the act of August 30, 1996 on commercialisation and privatisation, owned by the State Treasury. The funds allocated to the pilot programme and the second stage thereof in years 2013 and 2014 include proceeds from privatisation in the amount of PLN 21.5 million (pilot programme) and funds granted by the Labour Fund in the amount of PLN 120 million (stage II). It is estimated that, in years 2014-2021, the total amount of funds to be transferred to the Bank of National Economy for the above purposes will be close to PLN 500 million. The aforementioned loans are a repayable instrument, with the funds from the repayment of the loans and the amounts of interest accrued being reused within the programme. 3.2 The functioning of the judiciary Commercial courts are an important element influencing the certainty of business operations. The efficiency of courts with regard to settlement of disputes is one of the issues which are of fundamental importance for entrepreneurs. In recent years, a number of actions has been undertaken in order to increase the effectiveness of the enforcement of rights arising from agreements. The number of cases examined by common court of law saw a decrease in 2014. The total number of initiated proceedings was more than 14.5 million, i.e. 4.1% less than in 2013. The number of resolved cases was 1.2% greater than in the previous year (14.7 million versus 14.6 million), which shows that the rate of the handling the cases received was improved compared to 2013, attaining the level of 101.4. The number of unsolved cases fell by 8.3%, attaining the level of 2.2 million. In 2014, 1.534 thousand business cases were filed to common courts, which constitutes an decrease by 3.8%. In percentage terms, the greatest decrease in the number of received cases (compared to 2013) was recorded by the Court for Competition and Consumer Protection (down by 91.3%), with the appellate courts recording the most significant increase (up by 23.3% compared to the previous year). Chart 18. Received business cases by court category in years 2004-2014 1 800 000 1 600 000 Number of cases 1 400 000 1 200 000 in total 1 000 000 appeal courts 800 000 600 000 regional courts 400 000 200 000 district courts 0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Source: A study by the Strategy and Analyses Department of the Ministry of Economy on the basis of data provided by the Ministry of Justice. The district courts, which handled 95% of all cases related to business issues received in 2014, recorded a decrease in the number of new cases (down by 1.7%). The total number of solved cases was 1 475 thousand, which constitutes a 1.9% increase compared to 2013. The greatest dynamics in 87 Entrepreneurship in Poland terms of the number of solved cases could be demonstrated by the Court for Competition and Consumer Protection (50.8% cases). The number of unsolved cases pertaining to business issues for district courts fell by 10.1%.69 As of December 31, 2014, there were 20.4 million land and mortgage registers in Poland, maintained by a total of 348 land and mortgage register divisions. Chart 16. Received business cases by court category in years 2006-2013 Specification BUSINESS CASES – TOTAL TOTAL for appellate courts (second instance) 2007 2008 2009 2010 2011 2012 2013 2014 906,228 861,059 945,366 1,025,815 1,295,324 1,444,597 1,594,515 1,533,800 6,477 5,992 6,279 6,352 6,987 7,805 11,474 14,150 appeals 2,637 2,211 2,188 2,156 2,435 2,569 3,139 3,335 complaints 3,108 3,135 3,482 3,591 3,888 4,556 7,466 9,489 39 28 30 41 71 22 26 52 623 559 532 514 516 549 596 972 49 27 10 14 5 5 7 5 21 32 37 36 72 104 240 297 35,124 35,109 41,599 41,199 43,781 56,546 60,598 59,868 general cassation appeal (WSC list) appeal to overturn the decision as unlawful (WSC list) complaints against legal proceedings (“S” list) TOTAL for regional courts First instance contentious non-contentious payment-order and writ-ofpayment insolvency appeal to overturn the decision as unlawful (WSC list) 1st instance 7,717 7,932 9,328 9,607 9,972 13,628 16,506 15,621 45 15 16 53 17 20 21 70 7,499 8,339 12,632 12,305 13,335 13,335 19,021 17,165 2 - 2 1 - - - 1 20 4 2 - 3 1 1 - Second instance appeals 6,843 6,627 7,048 7,462 8,076 10,079 10,175 11,382 complaints 7,632 7,235 7,456 7,054 8,034 9,069 9,923 10,396 94 109 81 80 72 102 103 139 109 72 59 50 56 49 51 45 81 76 95 122 187 223 318 435 cassation appeal (WSC list) appeal to overturn the decision as unlawful (WSC list) 2nd instance complaints against legal proceedings (“S” list) First and second instance general Court for Competition and Consumer Protection 69based 5,082 4,700 4,880 4,465 4,029 4,201 4,479 4,614 923 888 2,816 4,538 6,524 14,449 41,556 3,617 on the data provided by the Ministry of Justice. 88 Entrepreneurship in Poland Court for Community Trademarks and Industrial Designs TOTAL – district courts (first instance) 29 51 56 863,675 819,019 894,616 72 119 145 168 973.654 1,237,913 1,365,652 1,480,719 1,455,983 contentious 30,824 28,986 35,128 36,114 42,352 contentious (simplified) 21,024 22,096 26,339 29,357 32,503 87,829 104,364 110,865 323 261 244 219 241 257 277 382 registration – total 583,098 528,118 538,063 552,139 584,176 638,504 710,908 726,028 -Register of Pledges 124,561 106,661 97,881 97,614 97,682 92,864 92.529 93,465 -National Court Register 458,537 421,457 440,182 454,525 486,494 545,640 618,379 632,533 x x x x x x 199,156 211,183 262,916 324,638 544,455 597,323 603,239 558,360 non-contentious -Other payment-order and writ-ofpayment general judicial assistance disqualification from the pursuit of business activity related to insolvency and recovery proceedings cassation appeal (WSC list) appeal to overturn the decision as unlawful (WSC list) x x 20,822 20,169 21,554 20,260 23,096 27,850 46,192 44,372 1,260 1,331 1,712 2,247 2,680 3,240 4,287 5,086 x x x x x x x x 7,133 6,854 8,638 8,662 8,401 10,615 11,447 10,885 - - - - - - - - 35 21 22 18 9 34 5 5 Source: Ministry of Justice Legislative and organisational changes aimed at improvement of operation of commercial courts I. Changes within the scope of insolvency and restructuring of enterprises. On May 15, 2015 the Polish Sejm enacted the Restructuring law. The wide-ranging reform of insolvency and restructuring law has its origins in the analysis of the period of more than 10 years during which the act of 2003 – Bankruptcy and restructuring law remained in force. The act in question did not prove adequate in terms of the possibilities of preventing the bankruptcy of enterprises due to the fact that recovery proceedings were not applied in practice, while composition proceedings proved to be an inefficient measure. This resulted in the proposal for creating a separate legislative instrument to cover restructuring proceedings in order to structure such proceedings so that they may become an effective tool in the process of allowing those entrepreneurs with outstanding liabilities to recover, taking into account the legitimate interest of the entrepreneur’s creditors and avoiding the stigmatising effect associated with insolvency proceedings. More information on the issue is provided in Annex II (SBA Priority Area II – Second Chance). 89 Entrepreneurship in Poland II. Changes pertaining to the provisions on the National Court Register From December 1, 2014, a modified version of the “one stop shop” principle has been in force, making it possible to expedite the commencement of business activities by all entities which are subject to entry into the National Court Register (including, but not limited to, the register of entrepreneurs). More information is provided in Annex II (SBA Priority Area IV – Flexible administration). The act of November 28, 2014 amending the act on the National Court Register and certain other acts introduces legal solutions under which all entities which have not been transferred from the now-defunct Commercial Register into the National Court Register throughout the period of the last 14 years shall be treated as non-existent from a legal standpoint; in addition, the so-called “dead” entities which do not pursue any activities, own no property and fail to comply with their obligations pertaining to the applicable registries may, under the new act, be removed from the National Court Register without the need to commence liquidation proceedings. The changes in question make it possible to keep the register in order and to reinforce the certainty and security of legal transactions. The subsequent stage of the reform of the National Court Register involves changes provided for in the guidelines for the draft act amending the act on the National Court Register (government legislative works schedule no. ZA33). The changes in question are intended, on one hand, to introduce facilitating measures for entities which are about to commence the pursuit of business activities – including measures pertaining to the process of communication with the courts – as well as, on the other hand, to ensure a significant increase of the pace and efficiency of the operations of the registry court. The proposal for the verification of the criminal record (within the scope specified in art. 18 § 2 of the Commercial Companies Code) of persons appointed as commercial proxies will contribute towards an increased security of legal transactions. The simplified procedure for the so-called register entries (i.e. entries based upon the decisions of other courts or authorities) made into the Register of Insolvent Debtors shall decrease the workload of registry courts and will make it possible for applications for entry into the register to be processed more efficiently. The extension of the powers of administrators appointed for entities entered into the Register will eliminate unacceptable situations where companies dismiss their management boards in order to prevent any judicial proceedings from being conducted against them. The contemplated reform of the National Court Register will also encompass a wide range of technical changes which shall fundamentally alter the way in which the National Court Register is operating. III. Legislative changes pertaining to commercial companies The act of November 28, 2014 amending the Commercial Companies Code and certain other acts (enacted on the basis of a draft act submitted by a group of individual deputies, as opposed to the government) extends the scope of the system for the electronic incorporation of companies (the socalled S-24 system, providing the applicants with a series of online templates) which has hitherto been applicable solely to limited liability companies so that it shall now apply to registered partnerships and limited partnerships as well. The solutions introduced also provide for the possibility (starting from April 1, 2016) of making amendments to the deeds of company formation in this manner (for registered partnerships, limited partnerships and limited liability companies) as well as to use the system for the purposes of appointing a representative for the purposes of company formation, for the purposes of appointing a commercial proxy as well as for the purposes of dissolving the company or partnership. The amendment referred to above also introduces changes pertaining to court fees payable in connection with applications for entries into the National Court Register with regard to companies established on the basis of templates provided for in the electronic system: fees for the application for 90 Entrepreneurship in Poland first entry of the company into the register has been reduced from PLN 500 to PLN 250, while the fee payable in connection with an application for the amendment of an entry was reduced from PLN 250 to PLN 200. In 2014, works were underway on the draft act amending the Commercial Companies Code and the act on the commercialisation and privatisation (with the draft having been adopted by the Standing Committee of the Council of Ministers on June 3, 2015), intended to facilitate the pursuit of economic activity in the form of a limited liability company by introducing reforms of the asset structure of this form of company while at the same time ensuring the availability of adequate creditor protection instruments. The proposed changes may increase the attractiveness of the Polish limited liability companies in the present era of competition between corporate regulations offered by individual EU member states, which could make it possible to attract foreign investors. The main tenets of the draft act include: − reduction of the minimum amount of share capital in limited liability companies to PLN 1 (currently the minimum amount of share capital is PLN 5000, which, however, does not afford any protection to the creditors while at the same time imposing an unnecessary burden on the shareholders); − introduction of an obligation for the management board to conduct the so-called solvency test which shall precede every payment made for company purposes (the so-called causa societatis payment) from the company assets; payment shall now only be allowed when the company management board adopts a resolution stating that – exercising due care and skill – it estimates that, within a year from the date of payment, the company shall not lose its capacity to comply with the obligations imposed upon it in the course of ordinary business; − introduction of an obligation for limited liability companies to establish supplementary capital for the purposes of covering future losses; the minimum amount of such supplementary capital shall depend upon the amount of liabilities of the given company and shall constitute a fraction of such liabilities (5%), no less however than PLN 50 000 (i.e. ten times greater than the current amount of share capital); supplementary capital shall be made up of company proceeds, with at least 10% of annual profit to be allocated for this purpose until the aforementioned minimum amount is attained, − increasing the degree of flexibility with respect to the obligation to apply the procedure for the notification of the creditors of share capital reduction when reducing the amount of share capital referred to in art. 264 of the Commercial Companies Code in limited liability companies. IV. Changes in the scope of civil procedure On May 27, 2015 the Sejm enacted the act amending the Civil Code, the Code of Civil Procedure and certain other acts which encompasses solutions aimed at increasing the speed of judicial proceedings (fact-finding and enforcement proceedings). From March 20, 2015, pursuant to the act of January 15, 2015 amending the Code of Civil Procedure and certain other acts, art. 465 § 11 of the Code of Civil Procedure has been in force, making it possible, inter alia, for employers having the capacity to be a party in civil proceedings as well as the capacity to perform actions in civil proceedings who do not have the status of a legal person or of an entrepreneur to grant a power of attorney ad litem to employees other than legal advisors. This solution allows employers to decrease the costs linked to representation during judicial proceedings. V. Organisational efforts Among the efforts made in the field of commercial court system one also needs to mention the organisational efforts linked with the establishment of the Commercial Litigation Centre in Warsaw. The 91 Entrepreneurship in Poland operations of the Centre have been officially inaugurated in September 2014. The significance of this project is related to the scale of operations of commercial courts in Warsaw as compared to the entire volume of commercial litigation in Poland. This is because the District Court for the capital city of Warsaw and the Regional Court in Warsaw receive the greatest volume of cases in this area among all courts in the country. 3.3 Financing business activity The value of credits granted to the non-financial sector in Poland has begun to climb quite rapidly following the decline recorded in 2009 and the subsequent stabilisation during the first half of 2010. Between 2011 and 2012, the volumes have started to drop once again and ever since then these volume decreases are intertwined with periods of modest growth such as that we have also seen in 2014 (5.4% YOY, compared to 3.1% in 2013). The greatest degree of variability (especially in the second half of the year) was recorded with respect to the dynamics of credit granted to non-financial enterprises, even though it has to be noted that these have increased by 6.3% throughout the year, i.e. more than in the previous year (when the level of growth was 0.3%) and more than in the case of credit for households (which increased by 4.9%). However, the non-financial sector deposits increased at a markedly greater pace, rising by 9% YOY, as a result of which the ratio of credits to deposits has declined for yet another year. According to the Polish Financial Supervision Authority, in 2014 the ratio in question was 100.1% compared to 103% in the previous year and 106.5% in 2012. As a result, according to the Polish Financial Supervision Authority, the sector approached a state of balance between the scale of lending and the level of deposits kept by the banks for the first time since the end of 2007.70 At the end of 2013, the structure of the sources of financing of new investments by enterprises has begun to respond to the reduction in interest rates, albeit with a slight delay.71 Throughout the year 2014, the share of enterprises financing new investments with credit increased from the historic low recorded in Q3 2013 (20.5%) to approximately 28,6%, while the share of enterprises using their own funds for this purpose fell from 56.9% to approximately 47,6% (the value in Q3 2014 being as low as 45.9%). Both of these values differed substantially from the six-year average values which were 26.9% and 48.2% respectively. More importantly, in 2014 the activity of SMEs on the credit market was significantly greater than in the previous year. The share of financing of investments by banks amounted to approximately 34,2% at the end of the year within this group of companies; the corresponding figure for large companies was about 21,8%. 3.3.1 Situation on the deposit and credit market The value of credits granted to larger enterprises between December 2013 and December 2014 increased by 6.3%. With the exception of a more than 17% increase recorded in 2011, this has been the most dynamic change throughout the years which have elapsed since the beginning of the crisis (i.e. from 2009, including that year). As a result, in December 2014, the volume of credit granted to larger enterprises has once again reached a historic high at the end of the year (PLN 260.1 billion). The situation was similar insofar as bank deposits within this group of enterprises is concerned. Although Report on the condition of the banking sector in 2014, the Office of the Polish Financial Supervision Authority, Warsaw 2015 71 Quarterly survey entitled Information on the condition of enterprise sector with particular focus on the overall economic situation, National Bank of Poland, Warsaw 2012-2014. The sample contains mainly large companies. 70 92 Entrepreneurship in Poland these deposits grew at a pace similar to that in the previous year (9%), they have also managed to reach a record high at the end of 2014 (PLN 226.7 billion). The volume of credit granted to individual entrepreneurs throughout the year 2014 grew by a mere 4.9% – the lowest value in 10 years. The volume of credit at the end of the year was PLN 57 billion, compared to PLN 54.34 billion the year before. Although the figure in question was a record high for December, it still fell short of the value recorded in September 2014 (PLN 58.1 billion). The dynamics of credits for micro-enterprises during the subsequent months of 2014, including, in particular, the fluctuations thereof in the second half of the year, is clearly noticeable when compared to multi-annual data. In conjunction with the weakening YOY growth, the data in question may lead to concerns about the further development of the credit scale for smallest companies. As regards the deposits within this group pf companies, the annual growth thereof has decreased significantly after 2008; however, over the course of the last two years it markedly picked up the pace, rising to the level of 11.3% in 2013 and 17.3% in 2014. The value of deposits in December 2014 reached a record high at PLN 33.19 billion. Chart 19. Deposits and credits of larger Chart 20. Deposits and credits enterprises in banks in 2004–2014 of individual entrepreneurs in banks in 2004– 2014 58 000 244 000 credits 48 000 deposits 38 000 214 000 184 000 154 000 28 000 124 000 18 000 94 000 credits deposits 8 000 64 000 Dec Apr Aug Dec Apr Aug Dec Apr 04 06 07 08 10 11 12 14 Dec Apr Aug Dec Apr Aug Dec Apr 04 06 07 08 10 11 12 14 Source: Study by DSA ME on the basis of NBP data. Therefore, the results for the year 2014 had no bearing on the fact that individual enterprises remain more stable recipients of credit and a more stable supplier of deposits for the baking sector than larger companies. An increased level of volatility was recorded, first and foremost, with respect to the stream of credit for larger companies, which (when analysed on a YoY basis) has fallen a number of times during the last decade. According to the National Bank of Poland, the largest group of credits granted to all enterprises is still constituted by current credits. In case of micro-enterprises, in 2014 the value of credits of this type kept increasing (rising by 4.7% YOY), even though the pace of growth in this regard has been decreasing over the last three years. For the above reason, their share in all credits granted to micro-enterprises has fallen slightly, decreasing from 50.9% to 50.8% YOY – a phenomenon last seen in 2008. In case of large companies, following the 4.2% decrease in 2013 and the 5.4% increase in 2014, the share of credit for current expenses in the overall pool of credits has also decreased, albeit by a negligible amount, oscillating around 42%. 93 Entrepreneurship in Poland Following the decline recorded in 2012, the value of investment credit in both groups of enterprises has increased once again. The increase recorded in the individual enterprise group was once again rather modest (1.8%), whereas in the large company group it amounted to 9.9%. These increases were still markedly less significant than in 2011 and entailed different consequences, since the share of investment credits in the former group of enterprises fell for the fourth time in a row, reaching a record low of 25.3%, while in the latter group it increased, reaching the level of 35.4%, which constitutes a record high. In a long-term perspective, the most significant changes in credit structure which occurred in 2014 were that, first, the significance of credit granted for current expenses to individual enterprises has stopped increasing, and, second, that the gap between credit granted for current expenses and investment credit in the large company sector has begun to narrow. Chart 21. Credits granted to individual entrepreneurs, categories mln zł overdraft facility for investments 28 500 24 500 20 500 16 500 12 500 8 500 4 500 500 for real estate other credits and loans Jan 06 May 06 Sep 06 Jan 07 May 07 Sep 07 Jan 08 May 08 Sep 08 Jan 09 May 09 Sep 09 Jan 10 May 10 Sep 10 Jan 11 May 11 Sep 11 Jan 12 May 12 Sep 12 Jan 13 May 13 Sep 13 Jan 14 May 14 Sep 14 ` Source: Study by DSA ME on the basis of NBP data. The periodical survey of the Ministry of Economy conducted among companies from the SME sector72 shows that the percentage of enterprises taking advantage of credit in the course of business activity returned to the level of about 1/3, falling from the level of 36-37% recorded in 2013. The most popular type of credits was still credit in the current account, with nearly 20% of all companies declaring that they took advantage of such credit. At the same time, the percentage of enterprises applying for an investment and working capital credit in 2014 was still very low, even though it increased from 10% to 14% between the first and the second half of the year. In 2013, the percentage in question was approx. 12%, whereas in earlier years it attained the value of as much as 30%. In the first half of 2014, the credit application acceptance level reached an unprecedented nadir, remaining at a level of about 50%, with the lack of creditworthiness being exceptionally often cited as the cause of rejection of the applications submitted, accounting for two-thirds of all cases. During the second half of the year, the situation with regards to credit applications has returned to normal once again, with the percentage of accepted applications rising to 66.7%, while the lack of creditworthiness was cited as the cause of rejection of an application in half of all situations, i.e. as it has mostly been the case in the previous years. However, this could have been the result of the decrease of the average interest rate on credit which occurred in 2014 (when the interest rate fell to the level of 7.4%), following an increase recorded in the second half of 2013, when it rose to the level of 8.5%. It has to be noted that the cost of credit fell Development trends in the SME sector as perceived by entrepreneurs in the second half of 2013, Ministry of Economy (Department of Strategy and Analyses), Warsaw, March 2014. 72See: 94 Entrepreneurship in Poland to a record low for all size groups of the SME sector, including for micro-companies whose average creditworthiness tends to be the lowest. It is only with respect to small companies that the interest rate on credit was lower at any point than in 2014 over the last few years (which occurred during the first half of 2013). Chart 22. Credits granted to larger entrepreneurs, categories overdraft facility for real estate for investments other credits and loans Ma… Sep… mln zł 123 000 103 000 83 000 63 000 43 000 23 000 3 000 Source: Study by DSA ME on the basis of NBP data. Following the increase in popularity of bank credit as a sources of financing of investments in years 2012-2013 (when it attained the maximum level of 19% of all SMEs which participated in the survey), the percentage of companies which took advantage of such credit in 2014 fell to the level of 15-16%. This, however, was still more than prior to 2012. More importantly, the percentage of companies which financed their investments from their own funds remained at the level of about 66% (compared with 71% during the first half of 2012). The popularity of leasing among the surveyed enterprises remains at the level of 8% since the end of 201273. 3.3.2 Leasing Leasing74 was, after bank credit, the most common external source of investment financing for the Polish entrepreneurs. The development of this market in Poland in the last ten years may be divided into a number of stages. Between Poland’s accession to the European Union and the outbreak of the financial crisis in the USA, the branch underwent an accelerated growth, reaching a yearly growth rate of 32% (50% in 2007 alone). This rapid development slowed down in 2008 to 1.3% YoY (reaching the value of PLN 32.9 billion, which was a record high for the period of the last few years), and in the next year it suffered a slump in the form of a drop in turnover by nearly one third. Next years brought about significant increases in values of financed assets (19% in 2010 and 14% in 2011), which allowed the Polish leasing industry to return to the pre-crisis scale of operations. In 2012, the sector stabilised – the value of assets financed with leasing grew by only 0.3% YOY (that is by PLN 83.5 million), reaching PLN 31.2 billion by the end of the year, which was still slightly less than by the end of 2008. The growth deceleration seems to be one time slowdown in the context of the last year’s rapid growth of the total value of assets financed with leasing by 13% YOY in 2013 and the by more than 21% YOY in 2014. The turnover of the sector at the end of 2014 attained the level of PLN 42.8 billion, exceeding the value recorded before the crisis by 30%.75 73In the survey conducted by the MoE, the respondent could specify more than one source of investment financing. is a civil-law agreement regulated by the Civil Code, under which the Lessor transfers the right of usufruct of a specific item (fixed asset) it owns to the Lessee in return of defined payments, the so-called lease installments. 75Based on the data provided by the Polish Leasing Association, www.zpl.org.pl 74Leasing 95 Entrepreneurship in Poland Unlike 2013, 2014 was characterised by a falling turnover dynamic on a quarterly basis. According to the Polish Leasing Association, this was mostly the result of the fact that, in Q1 2014 the demand for the leasing of vehicles increased as a result of the temporary inapplicability of the provisions on the deduction of VAT for trucks with a weight of less than 3.5 tonnes as well as in connection with the derogation list for trucks compliant with the Euro 5 standard. For the above reason, the light vehicles segment was the primary growth driver of the entire sector, with the growth in this segment in Q1 2014 attaining the value of 79%. Most moveable assets are financed in PLN. The participation of foreign currency leasing contracts in this group of assets in 2014 was 22.3%, i.e. slightly less than in the previous year (23.6%). On the other hand, it is foreign currency leasing which retains the dominant position in the real estate segment. The average share of this form of leasing in this segment is more than 56% (compared to 57.4% in 2014). One may assume that it remains an alternative to foreign currency credit, the availability of which remains low. Chart 17. Leasing sector results (in PLN million) 2013 Vehicles Light goods vehicles Trucks Other vehicles Machines IT Aircrafts, ships, railways Other movable property Movable property in total Real estate Total lease 2014 20,721 11,222 8,346 1154 11,510 556 568 314 33,669 1,630 35,300 26,464 15,596 9,302 1565 13,553 605 548 404 41,573 1,247 42,820 change 27.7% 39.0% 11.5% 35.6% 17.7% 8.8% -3.5% 28.7% 23.5% -23.5% 21.3% Source: Polish Leasing Association 3.3.5 Warsaw Stock Exchange At the end of 2014, the number of companies traded on the Warsaw Stock Exchange was 471, compared to 450 a year earlier, which translated into a 5% increase. The number of stock exchange debuts was 28, compared to 23 in 2013, while the number of companies withdrawn from the stock exchange was 7, i.e. 4 companies less than in 2013. The WIG index recorded a negligible decrease (down by 0.3% to the level of 51 416), much like the value of session trading and value of trading (down by 9% and 7% respectively). The overall capitalisation of the Warsaw Stock Exchange increased by half in 2014, which, however, was the result of the cross-listing of Banco Santander, a new entrant to the Polish stock exchange, which means that the capitalisation of the WSE includes all the shares of the said bank which were cross-listed on other stock exchanges. If one ignored the impact of the company in question, the increase of overall capitalisation of the Warsaw Stock Exchange in 2014 would have amounted to a mere 4%.76The capitalisation of domestic companies in 2014 has decreased slightly. 76 Estimate based on the price of one share of Banco Santander at the level of PLN 30.40. 96 Entrepreneurship in Poland Chart 23. Capitalisation of domestic companies quoted at WSE (in billions of PLN) 700 593 591 600 543 510 500 438 523 446 421 400 308 300 200 267 214 103 111 140 100 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 0 Source: A study by the Strategy and Analyses Department of the Ministry of Economy on the basis of data provided by the Warsaw Stock Exchange. The most serious problem faced by the primary market of the Warsaw Stock Exchange appears to be its low level of liquidity which is the consequence of the low participation of shares in free trading (i.e. low availability to foreign investors), which amounts to 48% of the capitalisation of domestic companies. The decline in the activity of individual investors (whose share in the trading in financial instruments amounted to 13% in 2014, compared to one-third in 2007) may also be a relevant factor here – especially in the context of the recent restrictions imposed on the assets of Open-end Pension Funds. The divergence of value of session trading and of total value of trading which has persisted since 2008 could also mean that large, single transactions are increasingly important for the Warsaw Stock Exchange. The participation of foreign investors, on the other hand, remained at the level of approximately 50% in 2014, much like in the previous years.77 The number of newly listed companies on the NewConnect parallel market for shares (down from 172 in the record year of 2011 to 22 in 2014) results in a decline in the share of this market in the total number of IPOs on European OTC markets. This share amounted to 10% in 2014, compared to 23.4% in the previous year. In terms of value, the share of NewConnect in the European market is negligible, having reached the value of 0.2% in 2014 (compared to 0.53% in the previous year). 77 Data source: www.gpw.pl 97 Entrepreneurship in Poland Chart 18. Base data on the stock market at WSE WIG index* change YoY (%) Number of quoted companies change YoY (%) Number of debuts change YoY (%) Number of withdrawals change YoY (%) Total capitalisation (in millions of PLN)* change YoY (%) including capitalisation of domestic companies change YoY (%) Session turnover value (in millions of PLN) change YoY (%) 2006 50,412 42% 284 11% 38 9% 9 -10% 2007 55,649 10% 351 24% 81 113% 14 56% 2008 27,229 -51% 374 7% 33 -59% 10 -29% 2009 39,986 47% 379 1% 13 -61% 8 -20% 2010 47,490 19% 400 6% 34 162% 13 63% 2011 37,595 -21% 426 7% 38 12% 12 -8% 2012 47,461 26% 438 3% 19 -50% 7 -42% 2013 51,284 8% 450 3% 23 21% 11 57% 2014 51,416 0.3% 471 5% 28 22% 7 -36% 635,909 1,080,257 465,115 715,821 796,482 642,863 734,047 840,780 .9581,252.958 50% 70% -57% 54% 11% -19% 14% 15% 437,719 509,887 267,359 421,178 542,646 446,151 523,390 593,464 42% 16% -48% 58% 29% 29% 17% 13% 161,960 230,959 160,358 166,696 206,857 250,589 187,555 220,153 79% 43% -31% 4% 24% 21% -25% 17% 49% 591,165 -0.4% 205,297 -7% * as at the end of the year Source: WSE. From 2011 onwards, the number of delisted companies has also been on the rise – both in absolute terms and in relation to the number of listed companies. In 2014 the number of delisted companies exceeded the number of newly listed companies for the first time, as a result of which the number of companies listed on NewConnect fell by 3% (from 445 to 431). 10 among all 36 delistings resulted from the decision of the relevant issuer to transfer to the primary market of the Warsaw Stock Exchange. The number of delistings constituted 8.4% of all listed companies, compared to 5.8% in the previous year. Following the decline in overall capitalisation of the NewConnect markets in 2013 by 1% (to PLN 11.02 billion), in 2014 the capitalisation plunged by 17%, reaching the level of PLN 9.12 billion. The most substantial decline (-37%) was noted for foreign company capitalisation, which was increasing dynamically over the course of the previous years. The value of NCIndex also fell by over 21% in 2014. The turnover value was similar to that in 2013 (i.e. PLN 1.22 billion), while the number of transactions rose by 20% YOY (from 720.3 thousand to 865 thousand). Chart 19. Basic data on the NewConnect market Number of companies Change YoY Number of debuts Change YoY Number of delistings Change YoY Values of NCIndex* Change YoY Total capitalisation (in millions of PLN)* Change YoY Capitalisation of domestic companies (in millions of PLN)* Change YoY 2009 107 27% 26 -57% 3 200% 497.00 30% 2554 78% 2010 185 73% 86 231% 8 167% 634.40 28% 5138 101% 2011 351 90% 172 100% 6 -25% 416.20 -34% 8,488 65% 2457 4971 8,384 76% 102% 69% * as at the end of the year Source: WSE NewConnect. 98 2012 429 22% 89 -48% 11 83% 332.60 -20% 11,088 31% 10,805 2013 445 4% 42 -53% 26 136% 366.01 10% 11,028 -1% 10,445 2014 431 -3% 22 -48% 36 38% 290.36 -21% 9,122 -17% 29% -3% -16% 8,752 Entrepreneurship in Poland Significant regulatory changes were introduced on the Catalyst debt instrument market owned by the GPW S.A. group (of which the Warsaw Stock Exchange also forms part); these changes partially echoed the changes introduced on the NewConnect market one year earlier, which were intended to improve the security of legal transactions. The changes included the designation of the minimum value of the issue of bonds in an authorised trading system (from 2015 onwards), an unconditional obligation to prepare an Information Document, an obligation to appoint an Authorised Advisor in cases where the issue of bonds is of a lower value as well as the extension of the period during which information duties apply; in addition, the option to perform an authorisation of bonds via Catalyst has been abolished. The fees payable upon introduction of bonds into the market have also been raised. The effects of these changes, coupled with a low level of interest rates, could have had an impact on the results for 2014. For the very first time since Catalyst was launched, the annual value of session turnover and the value of bonds issued have fallen (down by 16% and 12% respectively); the number of debuts on the market also fell from 196 to 191. Inevitably, the segment of authorised instruments has also been declining. On the other hand, the number of series has increased by 13% YOY, compared to a 22% increase in the previous year. Chart 20. Basic data on the Catalyst market Session turnover value (in millions of PLN) Number of series including listed series including authorised series Issue value (millions of PLN) including listed series including authorised series Number of debuts 2010 2011 2012 2013 2014 751.06 109 97 12 21,553 21,508 44.67 69 1,214.31 268 246 22 531,652 531,588 64.26 146 1,665.95 384 361 23 567,365 567,299 65.56 173 2,757.18 467 442 25 619,219 619,149 70.31 196 2,327.83 526 517 9 544,588 544,559 28.7 191 Source: WSE Catalyst. Despite the fact that, in terms of value, instruments issued by the State Treasury constitute the vast majority of all instruments on the market (accounting for more than 88% in 2014), one phenomenon which must be considered encouraging is the fact that the value of issue of corporate bonds (including bonds issued by cooperatives) as well as municipal bonds has been increasing dynamically year on year. In 2014, the value of issue in the segments referred to above amounted to PLN 64.05 billion, compared to 58.9 billion in 2013; with the value of issue of corporate bonds alone accounted for PLN 56.1 billion (compared to 52 billion in the previous year). In 2014, corporate bonds continued to account for most of the value of Catalyst turnover, with the value of session trades being greater than the value of block trades by an increasing margin.78 Other forms of financing a) Factoring The mechanism of factoring consists in the buyout of receivables of enterprises which are not yet overdue and which are payable to them by the recipients of the goods or services delivered. Such buyout is linked to other services such as financing, enforcement of receivables or assumption of insolvency risk of recipients (non-recourse factoring). Thanks to additional services in offered and 78 The data concerning individual market segments does not take into account the instruments authorised on the Catalyst market 99 Entrepreneurship in Poland flexible formal requirements, factoring is an alternative to popular forms of funding. For smaller companies in particular, it is often the only available source of working capital. Owing to its dynamic growth, the Polish factoring market is beginning to gain significance on a European scale; in terms of turnover value, Europe constitutes the global factoring centre. According to the data provided by International Factors Group79, the turnover of the Polish factoring sector in 2013 amounted to approx. EUR 31.6 billion, placing it on the eight spot in the EU in terms of its relation to the GDP (8.42% of the GDP compared to 8.94% in the Netherlands)80. Chart 21. Statistics of the Polish factoring market Year 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Turnover in PLN million Share of domestic factoring Share of export factoring Share of import factoring Number of customers Number of debtors Number of financed invoices 14,175 17,000 30,717 47,900 51,352 64,195 79,366 113,100 130,960 142,800 91% 87% 84% 78% 75% 76% 79% 79% 79% 79% 6% 11% 15% 21% 23% 23% 20% 19% 19% 20% 3% 2% 1% 1% 2% 1% 1% 2% 2% 1% 1,400 1,600 1,608 2,031 1,702 3,210 4,106 4,706 5,438 6,314 35,000 38,000 49,024 47,913 47,805 76,943 81,653 89,204 106,445 127,196 1,400,000 1,410,000 1,626,844 1,888,403 1,977,700 3,187,089 3,655,715 3,761,550 4,405,787 5,474,853 Source: The Polish Factors Association In 2014, the Polish factoring industry experienced yet another year of growth, even though the 9% increase in turnover proved to be the weakest in a decade (with the exception of 2009). This serves to confirm the view of the Polish Factors Association that the Polish factoring market is now beginning to mature and is approaching a scale that corresponds to the size of the economy itself. The turnover value for 2014 amounted to approximately PLN 143 billion – over ten times more than in 2005 (PLN 14.1 billion). Nevertheless, the number of customers is still growing quite rapidly (reaching 6.3 thousand in 2014), as does the number of debtors (127.2 thousand). In 2014, almost 5.5 million invoices were financed via factoring. This form of financing proved to be especially popular in the food and drink sector, much like in the previous years. A relatively large number of customers of factoring companies also operated in the energy and fuel sector, the electronic industry, the household appliance and customer electronics sector, the steel distribution sector, the car accessories and spare parts industry as well as in the metallurgical, chemical and furniture manufacturing sectors.81 b) Private Equity/ Venture Capital Private equity (PE) is a general expression covering all types of investments made on the non-public capital market, aimed at obtaining medium- and long-term gain on the increase of capital value. PE investments are addressed to enterprises on various levels of development. A special type thereof are venture capital (VC) investments in enterprises at the earliest stages of development, up to and including the expansion phase. 79 You can find more information at: www.ifgroup.com provided by: Global Industry Activity Report 2013, www.ifgroup.com Data provided by the Polish Factors Association 80 Data 81 100 Entrepreneurship in Poland According to the European PEVC Association (EVCA)82, in 2014 private equity funds have only managed to raise EUR 11 million in capital in Poland, the value of their investments reaching the level of approximately EUR 337 million, i.e. 0.06% of the GDP (in 2013, the figures in question were EUR 261 million, EUR 351 million and 0.10% of the GDP respectively). The figures listed above are the lowest ever, even though it has to be noted that the data pertaining to the Polish PE/VC market are based on estimates and are sometimes adjusted a number of times following the publication thereof. Over 70 different entities have received investment capital; the amount of disinvestment, on the other hand, reached an unprecedented high at approx. EUR 530 million, with capital being withdrawn from 35 entities in total. Among the types of investment made, buyouts and growth financing retained their dominant position, accounting for 70% and 21% respectively, while the share of venture financing reached the level of nearly 8% (compared to 6.4% in the previous year). The greatest amount of investments was made in the customer service sector and the telecommunications sector (approx. 30%) as well as in services for business and industry (approx. 13%). The apparent market breakdown that the data pertaining to investment and disinvestment in the Polish PE/VC sector in 2014 would seem to point towards are not confirmed by the private equity confidence index prepared by Deloitte.83 Even though these results point towards an initial rise in confidence of the managers of the funds, followed by a sharp decrease at the end of 2014, the index remains at a level that is markedly higher than in years 2008/2009 (114 points in October 2014 compared to 48 points in October 2008). Measure 3.1. Starting up of innovative business activities of the Operational Programme Innovative Economy strengthens the demand for venture capital. It ensures the supply of companies that may constitute an object of interest of venture capital funds. Subsidies offered as part of this measure comprises two components – an incubation subsidy and investment subsidy for the newly created enterprises (in the form of subscription for shares). A capital entry takes place in cases when, after the period of incubation, substantial opportunities of commercial success of the enterprise which is coming into being and whose activity is based on an innovative idea, are identified. In June 2013, a fraction of the funds allocated for measure 3.1 was reallocated for the purposes of the establishment of a new financial instrument, i.e. the “Establishment and Recapitalisation of a Loan Fund for Supporting Innovation” pilot project. As at the end of 2014, the allocation for measure 3.1 was PLN 809.27 million, whereas the amount covered by applications approved for implementation was PLN 888 million, i.e. 109.73% of the allocation; the value of concluded contracts was PLN 850.74 million (105.12% of the allocation), while the payments made to beneficiaries amounted to 542.63 million (67.05% of the allocation).84 National Capital Fund Krajowy Fundusz Kapitałowy S.A., (National Capital Fund – KFK S.A.), a company of the Bank of National Economy, invests in venture capital funds which supply capital to the Polish SME sector. Venture capital funds focus their attention on innovative enterprises which demonstrate a high potential for development or which pursue research and development activities. The EVCA Yearbook – 2014 European Private Equity Activity, www.evca.eu Central Europe Private Equity Confidence Survey, Deloitte, May 2015, Index values recorded every half a year between April 2007 and October 2014 were as follows: 159, 118, 102, 48, 78, 117, 140, 138, 153, 70, 101, 71, 101,127, 144, 114. 84 Data provided by the Ministry of Infrastructure and Development (www.poig.2007-2013.gov.pl) 82 83 101 Entrepreneurship in Poland As at December 31, 2014, the portfolio of the National Capital Fund consists of 17 capital funds selected in Open Tender Competitions (OKO) within the framework of the implementation of three projects: • Project conducted under grant-in-aid agreement No. 22/DIW/15095/2007/59 – project value: PLN 55 million • individual project implemented within the framework of measure 3.2 of the IE OP (Support for venture capital funds through the National Capital Fund); project value: PLN 316.58 million; • project implemented within the framework of the Swiss-Polish Cooperation Programme: “Improving the business environment and the access to financing for small and medium-sized enterprises through supporting funds of high risk capital” which is a part of the thematic area “Improving the business environment and the access to capital for small and medium-sized enterprises” – value of the project: CHF 53 million. The aggregate target capitalisation of all portfolio capital funds established by KFK S.A. and private investors amounted to PLN 983 million. Until the end of 2014, KFK S.A. transferred a total of PLN 130.5 million to capital funds, while after Q1 2015, the value of allocation increased to PLN 137.5 million. Until the end of 2014, capital funds signed a total of 116 investment contracts with SMEs, while by the end of Q1 2015 the number of concluded agreements was 123. Capital funds provided a total of PLN 172.2 million to various SMEs by the end of the year 2014; following the end of Q1, 2015, the figure in question increased to PLN 185.1 million. The aggregate contractual investment obligations of capital funds vis-à-vis SMEs amount to approximately PLN 227.94 million (value calculated as at the end of 2014); the value of the said obligations calculated as at the end of Q1 2015 is approx. PLN 241.3 million. Additional information on the support granted by the National Capital Fund is included in Annex II (SBA Priority Area IV – Access to Financing). The FIZAN Polish Enterprise Investment Fund In June 2015, the Bank of National Economy signed a contract with Polskie Inwestycje Rozwojowe S.A. (Polish Development Investments) and with an Towarzystwo Funduszy Inwestycyjnych BGK S.A., an investment fund company owned by the Bank of National Economy, concerning the establishment of four investment funds. The aim of this project is to increase the availability of capital and debt financing for investments implemented by enterprises and local government units. From the standpoint of the development of enterprises, the FIZAN Polish Enterprise Investment Fund is of particular significance. The fund in question, initially allocated an amount of PLN 1.5 billion, focuses on investment in the industrial sector. The fund invests its assets by way of acquisition of shares of joint-stock and limited liability companies and of convertible bonds as well as by establishing mezzanine debt arrangements for companies. An important criterion for the evaluation of investments is its impact on the improvement of the efficiency of an enterprise, on the increase of its innovativeness and its capacity to implement new technologies and state-of-the-art products. The vast majority of investments will be made with respect to companies whose primary assets, activities or revenues are derived from the Polish market. Much like the three other funds referred to above (i.e. the Local Government Investment Fund and two Infrastructural Investment Funds – the capital fund and the debt fund) the Polish Enterprise Investment Fund remains under the management of PIR S.A. Loan funds85 Loan Funds grant loans to micro-enterprises and SMEs as well as to individuals starting up their business activities, as such persons and entities often find it difficult to obtain commercial financing due to the absence of the required collaterals or credit history. Loan funds grant loans earmarked for 85On the basis of information obtained from the Polish Association of Loan Funds. 102 Entrepreneurship in Poland objectives related to the commencement, pursuit and development of the activities of enterprises, i.e. investment objectives, operating objectives or objectives combining both of these factors. According to the Polish Association of Loan Funds, in 2014 there were 87 loan funds operating in Poland, 44 of which cooperate with the Polish Agency for Enterprise Development on the basis of agreements concluded within the framework of the NSS. At the end of the year, 71 of them had at their disposal loan capital in the aggregate amount of over PLN 2.5 million, which translates into a 16% increase compared to 2013. Loan funds have granted nearly 8.6 thousand loans in 2014 (a 5.6% increase YOY) for a total amount of PLN 892.6 million (a 16.3% increase in comparison to 2013). The average loan value in 2014 was PLN 103.9 thousand and was 10.2% higher than in 2013. Guarantee funds86 Guarantee Funds are non-profit institutions. Their task is to make it easier for entrepreneurs to gain access to external financing in the form of bank credits and loans. The funds offer guarantees for loans, credits and tender bonds (the latter service is only available in selected funds). Guarantees may be obtained by companies willing to secure a loan, credit, leasing agreement or public procurement contract but which cannot provide a sufficient collateral on their own. As at the end of 2014, a total of 51 guarantee funds were operating in Poland; 45 of those funds signed agreements with the Polish Agency for Enterprise Development, including 10 funds registered with the National Services System. In 2014, guarantee funds have granted over 5 137 thousand guarantees for a total amount of PLN 704 million; the average value of the liabilities with respect to which the guarantees were granted is approximately PLN 200 thousand). As regards regional and local credit guarantee funds with capital participation of the Bank of National Economy, they granted a total of 3482 guarantees in 2014, the total amount thereof being PLN 601.5 million (non-audited data of the BGK). 3.3.9 EU funds as an opportunity for the development of enterprises Financial perspective 2007-2013 The following operational programmes were implemented in Poland within the financial perspective for 2007-2013: − Infrastructure and Environment Operational Programme, − Human Capital Operational Programme, − Innovative Economy Operational Programme, − Development of Eastern Poland Operational Programme, − European Territorial Cooperation Programmes, − Technical Assistance Operational Programme, − 16 Regional Operational Programmes. The objectives of measures within the financial perspective have been included in the National Strategic Reference Framework (NSRF). The strategic objective of the NSRF is to create conditions enhancing competitiveness of the economy based on knowledge and entrepreneurship, ensuring growth of employment and an increased level of social, economic, and spatial cohesion in Poland. The NSRF also provides for the accomplishment of horizontal objectives stemming from the EU strategic guidelines and the SWOT analysis of the Polish economy which include, inter alia, the improvement of competitiveness and innovativeness of enterprises. The allocation of EU funds to specific Operational Programmes has been presented in the table below. 86Based on information obtained from the Polish Agency for Enterprise Development and the National Association of Guarantee Funds. 103 Entrepreneurship in Poland Chart 22. Allocation of funds to specific programmes within the framework of the Cohesion Policy (2007-2013) Programme IE OP OP Infrastructure and Environment OP HR OP TA OP EPD OP ETC Domestic – total Regional – total Implementation reserve NSRF – TOTAL Value of Share in total allocated assets allocation (%) (EUR billion) 8.3 27.9 9.7 0.5 2.3 0.4 49.1 16.6 2 67.7 12.4 41.9 14.6 0.8 3.4 0.0 73.10 24.9 2 100.0 Source: Strategy and Analyses Department of the Ministry of Economy. The key instrument under the NSRF, oriented towards increasing the competitiveness of enterprises by such means as raising their innovativeness, was the Innovative Economy Operational Programme 2007–2013 (IE OP). Over 90% of funds were allocated for measures in the following areas: research and development, innovation, information and communication technologies (40% of funds were allocated for the direct support of enterprises). The IE OP supported measures in the area of product, process, marketing and organisational innovation which, directly or indirectly, contribute to the establishment and development of innovative enterprises at the national or international level. Entrepreneurs could apply for support intended for, inter alia, the following ventures: − highly innovative ventures, regardless of the size of the company or the industry, including for their initiation, − highly innovative projects of high value, e.g. investments exceeding EUR 2 million, − investments related to R&D activities, including the implementation of results of R&D activities and new technologies as well as R&D activities ordered by enterprises, − supporting cooperative ties between enterprises as well as between enterprises and the science sector. Progress in the implementation of the National Strategic Reference Framework 2007-201387 The allocation of UE funds for Poland under the EU cohesion policy for 2007-2013 was agreed at around EUR 67.3 billion. Over EUR 48.7 billion was earmarked for the implementation of national operational programmes, and more than EUR 16.6 billion for regional operational programmes. Additional funds in the amount of approx. EUR 2 billion from the National Performance Reserve and the so-called Technical Adjustment were allocated to individual programmes in the course of the mid-term review performed in 2011.88 87Based on periodic reports on progress in the programme implementation prepared by the Ministry of Infrastructure and Development. 88More than EUR 1.3 billion was earmarked for the National Performance Reserve (NPR) on the basis of Article 50 of Council Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the 104 Entrepreneurship in Poland Chart 23. Use of the funds under the NSRF Co-financing agreements Programme IE OP OP Infrastructure and Environment OP HR OP TA OP EPD OP ETC Domestic – total Regional – total NSRF – TOTAL Payment applications Quantity Value of eligible expenses (PLN million) 17,950 3,303 69,853 158,878 38,841 120,206 108% 101% 52,401 134,174 29,263 101,999 81% 86% 47,778 454 308 313 70.106 36,141 106,247 52,983 2,663 13,604 1,801 299.784 110,858 410,642 44,195 2,263 10,296 1,489 217.293 71,207 288,500 106% 106% 104% 105% 104% 36,141 103% 48,213 2,205 10,209 1,383 248,588 97,735 346,324 40,207 1,874 7,981 1,149 182,476 63,029 245,506 97% 87% 80% 81% 87% 88% 87% EU cofinancing (PLN million) Level of Value of absorption of expenses allocation for considered years 2007as eligible 2013 (%) (PLN million) EU cofinancing (PLN million) Level of absorption of allocation for years 20072013 (%) Source: Own study by the Strategy and Analyses Department of the Ministry of Economy on the basis of Ministry of Infrastructure and Development data – Use of EU funds under the National Cohesion Strategy for 2007-2013, monthly data for May 2015. Approximately 106.2 thousand contracts/decisions for co-financing the implementation of projects with a total value of eligible expenditure of PLN 410.6 billion were signed/issued since the launch of the programmes until the end of 2015, with the Community contribution of nearly PLN 288.5 billion, which amounts to approx. 103% of the allocation for the years 2007-2013. The programmes under which the highest amount of Community funds was contracted included: Innovative Economy OP, Technical Assistance OP, and European Territorial Cooperation OP, the allocation to which has been utilised at the level of: 108%, 106% and 105%, respectively. The highest amount was contracted to the Infrastructure and Environment OP – more than PLN 158 billion. In the overall amount of PLN 287.01 billion of EU co-financing granted under contracts signed by 30 June 2015 within the framework of the NOPs and ROPs, the largest amount of funds in regional terms – taking into account the location of project implementation – was allocated to the following provinces: Mazowieckie – PLN 42.1 billion, Śląskie – PLN 25.6 billion, and Małopolskie – PLN 20 billion; investments co-financed under the Infrastructure and Environment Operational Programme represented the largest share. In division into specific thematic intervention areas, the largest amount of funds was allocated to transport infrastructure projects (PLN 109.8 billion, i.e. 38%), followed by projects supporting innovation, R&D and entrepreneurship (PLN 50.6 billion – 18%), projects concerning human capital (PLN 41 billion – 14%), environmental protection and risk prevention projects (PLN 26.8 billion – 9%), and social infrastructure projects (PLN 24.4 billion – 8%). It should be noted that the support structure in regional terms is similar. As at the end of June 2015, business entities applied for the co-financing of investment projects with a total value of over PLN 220.5 billion, with the value of eligible expenditures estimated at around PLN European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 and more than EUR 632 million constituted the so-called Technical Adjustment (TA). 105 Entrepreneurship in Poland 163 billion and the value of co-financing from Community funds at over PLN 92.8 billion. Projects with the highest total value of EU contribution were carried out by enterprises under the Infrastructure and Environment OP (PLN 44.1 billion) and under the Innovative Economy OP (PLN 22.6 billion). The total EU funding for projects implemented by enterprises under the 16 ROPs amounted to PLN 16.8 billion. On the basis of the approved grant applications, the expenditures of enterprises in terms of EU contribution are the highest under the Infrastructure and Environment OP – PLN 30.4 billion and under the Innovative Economy OP – PLN 16.4 billion. In the case of projects implemented under the 16 ROPs, the EU contribution amounted to over PLN 14.3 billion.89 Chart 24. Projects implemented by enterprises, by operational programmes, as at the end of June 2015 50 45 40 35 30 25 20 15 10 5 0 44,1 30,4 22,6 16,8 16,4 8,6 7,6 0,9 OP Infrastructure and Environment OP Innovative Economy OP Human Capital EU cofinancing (agreements) 14,4 0,6 OP Eastern Poland 16 ROP EU expenditures (approved and paid grants) Source: Own study by the Strategy and Analyses Department of the Ministry of Economy on the basis of the National Information Infrastructure (KSI SIMIK 07-13): Co-financing agreements by programmes and legal forms, Ministry of Infrastructure and Development – as at the end of June 2015. Financial perspective 2014-2020 Main areas of intervention under EU funding for the years 2014-2020 In June 2011, the European Commission has announced the proposal of the budget for the years 20142020.90 The new principles constituting the basis for the new programming period include: increasing the flexibility and consistency in the financing of the implementation of individual priorities and the simplification of rules governing the provision of financial support, the introduction of the principle of focusing on results and defining clear and measurable intermediate stages and final targets of implementation, the principle of prevalence of the executive reserve mechanism, and the so-called principles of ex-ante and macroeconomic conditionality. Despite declarations concerning the reduction in the number of thematic objectives and support areas, the Commission's proposal contains as many as 11 of such objectives for the years 2014-2020. These objectives are as follows: 89 Own study by the Strategy and Analyses Department of the Ministry of Economy on the basis of the National Information Infrastructure (KSI SIMIK 07-13): Grant applications divided into programmes and legal forms, the Ministry of Regional Development. 90 COM(2011) 500. 106 Entrepreneurship in Poland − − − − − − − − − − − Supporting research, technological development and innovation; Enhancing access to, use and quality of information and communication technologies Enhancing the competitiveness of SMEs, the agricultural sector and the fisheries and aquaculture sector; Supporting the shift towards a low carbon economy in all sectors; Promoting climate change adaptation, risk prevention and management; Protecting the environment and promoting resource efficiency; Promoting sustainable transport and removing bottlenecks in key network infrastructures; Promoting employment and supporting labour mobility; Promoting social inclusion and combating poverty; Investing in education, skills and lifelong learning; Enhancing institutional capacity and efficient public administration. In addition, the support will be earmarked for objectives connected with the Technical Assistance and the European Territorial Cooperation. Decisions concerning the main assumptions of the Multi-annual Financial Framework (MFF) for 20142020 were made during the European Council session held on 7-8 February 2013.91 The political compromise stipulated that the maximum overall amount earmarked for expenditures for the EU-28 in the years 2014–2020 in funds for commitments shall be EUR 959.9 billion, i.e. 1.00% of the EU GNI (down by 3.5%) and EUR 908.4 billion in payments, i.e. 0.95% of the EU GNI (down by 3.7%)92. In the financial perspective for 2007-2013, these funds totalled EUR 994.1 billion and EUR 942.7 billion, respectively.93 The MFF was given its final shape by the European Parliament (EP) which adopted this document on 19 November 2013. The total budget for the next 7 years amounts to EUR 960 billion with respect to commitments (with EUR 908 billion planned for payments).94 EUR 105.8 billion from this budget has been earmarked for Poland (within the framework of both the cohesion and agricultural policies). The adopted Multi-annual Financial Framework constitutes an expression of investment priorities for the European Union, among which it is worth mentioning such priorities as: − research and development (Horizon 2020), − the connection of the transport, communication and energy infrastructure of Member States (Connecting Europe Facility), − education (Erasmus+), − an adequate perspective for the youth (Youth Employment Initiative), − the competitiveness of European enterprises (COSME). When analysing the structure of the allocation of funds under the Multi-annual Financial Framework for 2014-2020, it is worth noting the so-called sub-heading 1a “Competitiveness for growth and employment”. Funds allocated under this sub-heading are intended to ensure the implementation of actions pertaining to smart, socially inclusive economic growth. Programmes implemented under this heading may significantly contribute towards the implementation of the Europe 2020 strategy, in particular with regard to the following ventures: promoting scientific research, innovation and technological development; performing specific actions intended to increase the competitiveness of 91 See the Conclusions of the European Council (7-8 February 2013) pertaining to the „Multi-annual Financial Framework” (EUCO 37/13 CO EUR 5 CO&CL 3). 92 In prices from 2011. 93 See http://www.consilium.europa.eu/special-reports/mff/summary-of-the-european-council-agreement?lang=pl . 94 See COM (2013) 928 final. 107 Entrepreneurship in Poland enterprises and SMEs; investing in education and skill development under the „Erasmus for All” programme; developing the social agenda. The level of commitments for this sub-heading shall not exceed EUR 125.6 billion; at the same time, it is worth noting that allocations for the years 2014-2020 have increased by over 37% compared to the 2007-2013 perspective.95 Allocation of EU funds for Poland The total allocation for Poland, earmarked for the cohesion policy, will amount to approx. EUR 82.2 billion (at current prices). Additionally, Poland will receive approx. EUR 252.4 billion towards support for the unemployed youth (Youth Employment Initiative). The total allocation for Poland, including the transfer for the Technical Assistance of the European Commission and innovative actions in the field of balanced development of urban areas, amounts to approx. EUR 82.5 billion. By obtaining such level of allocation under the cohesion policy, Poland will become its biggest beneficiary in the programming period of 2014-2020. Additionally, funds obtained under agricultural programmes place Poland in the fifth position among beneficiaries of agricultural policies, behind France, Germany, Spain and Italy. The above-mentioned base allocation includes separate obligatory transfers for instruments and programmes managed directly by the European Commission (such as transfers from the Cohesion Fund to the Connecting Europe facility, the Fund for the European Aid to the Most Deprived). The above transfers decrease the allocation available to Poland by approx. EUR 5 billion. Therefore, the amount available for programming under the Partnership Agreement is approx. EUR 77.5 billion. Chart 24. Comparison of the shares of individual thematic objectives in the overall Cohesion Policy allocation for the 2007-2013 and 2014-2020 perspectives Thematic objectives indicated in the EU legislative package 1. Supporting research, technological development and innovation; 2. Enhancing access to, use and quality of information and communication technologies 3. Increasing the competitiveness of SMEs, the agricultural sector and the fisheries and aquaculture sector 4. Support the transition to low-carbon economy in all sectors; 5. Promoting climate change adaptation, risk prevention and management; 6. Protecting the environment and promoting resource efficiency; 7. Promoting sustainable transport and removing bottlenecks in key network infrastructures; 8. Promoting employment and supporting labour mobility; 9. Promoting social inclusion and combating poverty; 10. Investing in education, skills and lifelong learning; 11. Enhancing institutional capacity and efficient public administration. TOTAL - 11 thematic objectives Technical Assistance European Territorial Cooperation TOTAL Shares in 2007-2013 13.9 5.3 Shares 2014-2020* 11.7 3.6 3.2 11.0 2.1 1.4 12.2 39.1 6.1 6.0 8.2 0.7 98.2 0.8 1.0 100.0 10.8 1.6 10.3 27.9 6.5 7.5 4.7 0.2 96.0 3.2 0.8 100.0 Source: Own study of the Strategy and Analyses Department of the Ministry of Economy on the basis of: Draft Partnership Agreement (version from 08.01.2014), p. 87 and Partnership Agreement (version from 23.05.2014), p. 161-162. * Including EAFRD allocations. The proposal for the allocation of resources for years 2014-2020 assumes an overall increase in funds earmarked for objectives related to increasing the innovativeness of the economy and the competitiveness of enterprises (objectives 1, 2 and 3) as well as objectives related to low-emission economy (objective 4) and social inclusion (objective 9). At the same time, the most substantial decrease in the allocation structure can be seen with respect to the objective related to the development 95 See http://www.consilium.europa.eu/special-reports/mff/summary-of-the-european-council-agreement?lang=pl 108 Entrepreneurship in Poland of transport infrastructure. It needs to be added at this point that the decrease referred to above shall be most readily apparent with respect to interventions in local transport infrastructure. As regards the three main development objectives of the country (according to the provisions of the National Development Strategy 2020), the most substantial share of funds shall be earmarked for activities aimed at supporting the increase of the level of competitiveness. Measures allocated directly to the objective related to the efficiency of the state shall receive the smallest share among all three development objectives of the country, although it is worth remembering that these actions also receive indirect support under the programmes aimed at the implementation of objectives relating to competitiveness and social and territorial cohesion. Operational Programmes for the years 2014-2020 In 2014–2020, 8 national operational programmes financed under ERDF, ESF, CF, EAFRD, EMFF and ETC programmes will be run in Poland. While at the regional level, similarly as in the present programming period, 16 regional operational programmes will be implemented. Within the framework of the cohesion policy, both targets defined in regulations – Growth and Employment as well as European Territorial Cooperation – will be pursued. Chart 25. Proposed allocation for operational programmes under the 2014-2020 perspective Allocated amount (EUR billion) 27.4 8.6 4.6 2.0 2.1 0.7 31.2 76.8 Operating Programme OP Infrastructure and the Environment (2014-2020) OP Smart Growth OP Knowledge, Education and Development* OP Eastern Poland OP Digital Poland OP Technical Assistance ROP (incl. Mazowieckie province) TOTAL Allocation share (%) 35.7 11.2 6.0 2.6 2.7 0.9 40.6 100.0 Source: A study by the Strategy and Analyses Department of the Ministry of Economy on the basis of the Partnership Agreement (version from 23.05.2014), p. 165. * Including funds under the Youth Employment Initiative. The main beneficiaries of specific national operational programmes and the most important support areas of each such programme have been presented in the table below. It is necessary to note that specific calls for proposals may introduce restrictions concerning entities authorized to apply, pertaining to, inter alia, experience, competencies or legal form, ownership or organisational structure, etc. Detailed information concerning entities authorized to apply for support are each time published in the documentation for the call of proposals for co-financing. 109 Entrepreneurship in Poland Chart 26. Main beneficiaries and support areas of domestic operating programmes for years 2014-2020 Operating Programme Main beneficiaries − − − OP Infrastructure and the Environment − − − − − − OP Smart Growth − Support areas enterprises Public administration, Enterprises carrying out public tasks, Healthcare institutions, Civic and religious organisations, Scientific and educational institutions. enterprises (including, in particular, SMEs), research institutions, consortia of enterprises and research institutions, business environment institutions. − − − − − − young persons enterprises in the SME sector*, social economy units*, public administration*, local government units*, labour market institutions (including, inter alia, Voluntary OP Knowledge, Labour Corps, employment Education and services), Development − social partners − schools and educational institutions*, − universities and research institutions*, − medical staff, * and the employees thereof − enterprises (including, in particular, SMEs and start-ups), − innovation centres as animators of OP Eastern Poland start-up platforms, − local government units, − PKP PLK S.A. − telecommunications sector enterprises, − government administration units and their subordinate units or units OP Digital Poland under their supervision, − research institutions, − state cultural organisations, − non-governmental organisations. − − − − − Reducing emissions in the economy Protection of the environment, including adaptation for climate change, Development of transportation networks (including TEN-T and multimodal transport), Development of low-emission public transport in urban environments, Enhanced energy security, Protection of cultural heritage and development of cultural resources, Strengthening the strategic healthcare infrastructure. Support for R&D operations of enterprises, Support for business environment and for the potential of enterprises in terms of R&D activities Increasing the intensity of cooperation within the framework of the domestic innovation system, Support for innovation in enterprises, Enhancement of scientific and research potential, Development of the state-of-the-art research infrastructure for the scientific sector. Support for young people on the labour market, Support for public policies in the area of the labour market, economy and education, development of higher education, Social innovation and cross-border cooperation, Support for healthcare − − − − Development of entrepreneurship, Modern Transport Infrastructure, Supra-regional Railway Infrastructure, Technical Assistance. − − − Common access to fast Internet, E-administration and open government Digital competences in society − − − − − − − − − − − − − Source: A study by the Strategy and Analyses Department of the Ministry of Economy. 110 Entrepreneurship in Poland Additionally, it is necessary to remember about the specificity of potential beneficiaries and support areas in which the 16 Regional Operational Programmes (ROPs) are implemented. In opposition to National Operational Programmes (NOPs) which carry out strictly specified types of thematic intervention (related to, e.g., the development of transport infrastructure or R&D units of extra-regional importance), ROPs implement all objectives and types of intervention which will support the long-term development of specific provinces. This means that in the case of ROPs both the number of potential beneficiaries and support areas will be greater than in the case of NOPs. As ROPs provide support tailored to a given province – specific types of support instruments used and their beneficiaries may vary significantly. Chart 27 Primary beneficiaries and support areas of regional operational programmes (including the Mazowieckie Province) in the 2014-2020 perspective − − − − − − − − − Primary beneficiaries micro-enterprises, small and medium enterprises local government units, services other than administration, healthcare institutions, business support institutions, scientific and educational institutions, partnerships (including clusters, Public-Private Partnership), enterprises carrying out public duties, civic organisations and religious associations − − − − − − − − − Support areas regional and local research infrastructure, technology transfer, regional research and innovation, support of entrepreneurship, local energy sector investment, low-emission strategies for cities, regional and local environmental infrastructure, culture, regional and local transportation infrastructure – public transport in cities, regional and local educational and social infrastructure, revitalisation, local development strategies, access to services, ensuring access to employment to job-seekers and persons who remain outside the labour market, self-employment, entrepreneurship and creation of new jobs; supporting the adaptation capabilities of enterprises and employees and increasing the level of investment in human capital, active integration; integration of communities facing marginalisation; local development strategies; increasing accessibility, usage and quality of IT through the development of IT culture and investments in e-integration Source: A study by the Strategy and Analyses Department of the Ministry of Economy on the basis of the Partnership Agreement (version from 23.05.2014), p. 165. * Including funds under the Youth Employment Initiative. Development policy coordination mechanism Apart from changes concerning the objectives of spending or tools supporting Polish economy, changes will also be introduced to the way in which operational programmes are coordinated. In the programming period of 2014-2020, the Coordination Committee for the National Strategic Reference Framework (CC NSRF) will be replaced by the Partnership Agreement Committee (PAC). Its members will be representatives of the government administration, local administration and socio-economic partners (including, among others, non-governmental organisations, entrepreneurs' associations). Each party represents 1/3 of committee members. The position of president of the committee is held by the minister in charge of regional development, while deputy presidents are the minister in charge of economy and the minister in charge of agriculture. The committee is the main entity supporting the process of coordinating the strategic programming and interventions on the level of the Partnership Agreement. The Partnership Agreement Committee's duties include, inter alia, reviewing the implementation of the partnership agreement and programmes supporting its implementation from the point of view of progress in the achievement of objectives 111 Entrepreneurship in Poland specified therein, including the assessment of the achievement of specific thematic objectives under relevant operational programmes; ensuring the coordinated implementation of objectives and actions; reviewing the strategy for the communication of the cohesion policy and its amendment. 3.4 Institutions providing support to SMEs Instruments aimed at the development of business environment institution networks The system for the support of entrepreneurship and enterprises in Poland is based upon the cooperation of nationwide and regional institutions responsible for the formulation of strategies and programmes as well as the implementation of support instruments. At the central level, the Polish Agency for Enterprise Development (PARP) performs the function of an institution implementing actions in this regard, also acting in the capacity of a scientific and research base. The PARP implements entrepreneurship and enterprise development programmes. Under these programmes support is provided in such areas as company innovation and R&D, international development of enterprises and regional and human resources development. Since 2007, the Agency has been responsible for the implementation of selected measures which are co-financed with structural funds under the IE OP, the Human Capital OP, the Development of Eastern Poland OP and other entrepreneurship support instruments financed from the state budget. For this purpose, the Agency implements financial support as well as training and consultation services. It also carries out research as well as information and promotional campaigns. In the 2014-2020 period, the Agency will be responsible for the implementation of projects under the Smart Growth OP, the Knowledge, Education and Development OP, and the Eastern Poland OP. At the regional level an important element of support are local government institutions. Implementation activities are carried out by Marshal’s Offices and their subordinate institutions. Their main objective, apart from promoting entrepreneurship on a regional level, is ensuring that entrepreneurs and individuals contemplating taking up business activity receive reliable information on the following issues: − supporting programmes implemented at the central and regional level, − undertaking and conducting business activity, − possibilities with regard to taking advantage of support in the form of business advice, training programmes or financial aid. The National Services System (NSS) plays a special role in the enterprise development system. The NSS is a network coordinated by the PAED, consisting of about 230 organisations engaged in mutual cooperation which provide services for both entrepreneurs and individuals contemplating taking up business activity. The mission of the NSS is to ensure the development of entrepreneurship by providing high quality services in the key areas which require state support. The objective of the NSS is to provide comprehensive services pertaining to the pursuit of business activity as well as the possibilities of obtaining funding for such activity from external sources. The NSS network consists of Consultation Points, the National Innovation Network as well as loan and guarantee funds and entities which provide systemic services and perform tests of pilot services. NSS services are financed from the OP HC (Sub-measure 2.1.1 – enhancement of the quality of services rendered by institutions supporting the development of entrepreneurship and innovativeness – systemic projects). In 2014, there were 211 entities within the NSS network which provided systemic and pilot services. A total of 1,041 consultants participated in the process. Annually, approximately 70 thousand clients take advantage of the services offered by the NSS. System and pilot services provided by NSS are offered according to uniform and monitored standards. The crucial element of the standard is the fact that prior 112 Entrepreneurship in Poland to the implementation of a service a consultant diagnoses the customer’s needs and selects the scope of services appropriate for their needs. Services of the NSS were provided free of charge (information services) or were subsidized (advisory services). As at the end of 2014, there were 39 NSS96 Consultation Points which continue to help existing and future entrepreneurs develop their operations at every possible stage: from the launch and registration of a company, through advisory services pertaining to the management of a company pursuing its activity, to the stage of suspending activities or winding down a company, if necessary. Having diagnosed the relevant business needs, consultants of the Consultation Points provide advice in the following scope: • formal and legal obligations of an entrepreneur, including the submission of documentation to the Social Security Institution (ZUS) and the Tax Office, • preparation of marketing strategies, • internal organisation of an enterprise, • financial issues, • as well as the registration of business activity. The NSS Consultation Points have provided services to approx. 600 customers in total from October to December 201497. In 2014, there were also tests conducted with regard to new pilot services of the NSS98 pertaining to: • management of energy efficiency of enterprises, • usage of information technologies in the process of enterprise management. • planning and managing undertakings with the use of repayable instruments. There were also systemic NSS services99 available; they referred to environmental protection, management of energy efficiency, quick corporate finance management optimisation and marketing and sales for the agricultural and food processing industry. The aforementioned NSS services are co-financed from European Union funds within the framework European Social Fund via systemic projects of the PAED: “Provision of services pertaining to corporate growth to entrepreneurs and individuals starting up business activity in the form of one-stop-shops”, “Providing entrepreneurs with access to new NSS services” or “Planning operations in SMEs and repayable instruments”. The National Innovation Network (NIN) is a group of NSS centres which provide pro-innovation advisory services in accordance with the applicable standards, specified under the regulation of the Minister of Economy dated May 24, 2011 on the NSS. The NSS National Innovation Network of provides services within an identified area of market deficiencies in terms of innovation. The services in question include, in particular, the performance of a technology audit as well as innovation implementing guidance (under the PAED system project entitled: “NSS NIN Consultancy for innovative ones”, financed from the ERDF funds under Measure 5.2 of the IE OP). At the present stage, there are 18 NIN centres in operation. Institutions providing support to SMEs 96 NSS Consultation Points will maintain their operations until August 2015. The exact figure is 637. 98Providing 100% funding under the system projects “Provision of enterprises for new NNS services” or “Planning operations in SMEs and reimbursable instruments” (POKL 2.2.1) 99 Subsidized up to the level of 70% under the PAED system project designated as “Provision of enterprises for new NSS services” (POKL 2.2.1) 97 113 Entrepreneurship in Poland Entrepreneurs will be able to take advantage of the services of the Enterprise Europe Network (described in chapter 2.4), the financing of which is provided, in part, within the framework of various EU programmes (the CIP Programme until 2014 and the COSME Programme from 2015 onwards). What will an entrepreneur be able to expect from business environment institutions in the new perspective? In general, a single instrument will be implemented at a central level, allowing entrepreneurs to take advantage of pro-innovation services offered by business environment institutions; the instrument in question shall be designated as “Development of pro-innovation services for business”. The aim of this instrument is to provide support to enterprises in the process of implementation of innovative solutions through the financing of services provided to such enterprises which shall contribute to the development of R&D&I activities in companies or shall be related to such activities. Within the framework of the instrument in question, financing will be provided for the following proinnovation services, focusing on the support of innovative entrepreneurship: I. services which support SMEs in the process of implementation of technological innovations, product innovations or process innovations, and II. services pertaining to actions performed in areas of the National Smart Specialisation (NSS) Pro-innovation services may encompass: - consulting services within the scope of innovativeness – counselling, support and training in the field of knowledge transfer, acquisition and protection of intangible assets and the application thereof or of the provisions or regulations which extend to such intangible assets; or - innovation support services involving making office space, databanks, library resources, market research and lab facilities available as well as application of quality signage, quality testing and certifications for the purposes of developing more efficient products, processes and services. The purchase of pro-innovation services from a business environment institution shall be considered as eligible expenditure, subject to a mandatory condition that the relevant entrepreneur must complete the process of implementation of technological innovations pertaining to products or processes. Services financed within the framework of the instrument in question may be rendered only by accredited entities. The process of accreditation of business environment institutions shall be conducted by the Ministry of Economy. The list of accredited service providers, including a description of the scope of services which the relevant institutions may provide shall be made publicly available by way of publication on the websites of the Ministry of Economy and the Polish Agency for Enterprise Development. The accreditation criteria shall apply, inter alia to experience, knowledge of the needs of SMEs and the potential in the field of human resources and infrastructure of the given business environment institution with respect to the provision of pro-innovation services. An entrepreneur interested in specific pro-innovation services shall submit an application to the Polish Agency for Enterprise Development for the implementation of the service in question by the designated business environment institution. An entrepreneur may also select a non-accredited business environment institution for the purposes of the provision of the given service. However, in such case, the entity in question must comply with the accreditation criteria and must become accredited prior to the day of signature of the agreement for PAED – SME co-financing. In such situation, the process of accreditation of the given business environment institution is conducted in parallel with the assessment of the application of the given SME for the co-financing of the project. In 2014, the process of introduction of changes to the regulation of the Ministry of Economy on NSS as well as to the act on the Polish Agency for Enterprise Development has begun, the changes in question being linked to the evolution of the NSS resulting from the changes in the economic environment of micro-enterprises as well as small and medium enterprises, including the new services offered to such 114 Entrepreneurship in Poland enterprises, i.e. the new provisions included in operating programmes as well as the new expectations of entrepreneurs and of service providers themselves. The contemplated changes will pertain, inter alia, to the following issues: • the abolition of the obligation to maintain a register of information services, mostly due to the fact that information services have, for the last 2-3 years, been provided by entities forming part of government administration or as a constituent part of consulting or financial services and are therefore not separately registered by service providers. Furthermore, an increasingly large number of customers prefer to take advantage of online services; • providing regulations governing the new approach to the provision of training and advisory services pertaining to development (development services) by entities forming part of the NSS in connection with the contemplated introduction of the Register of Development Services. The Register of Development Services shall be a database maintained within the framework of the NSS, containing information on training and advisory services pertaining to development, rendered by various kinds of entities (including both public and non-public entities). The Register of Development Services shall make it possible for both individuals, enterprises and institutions or their employees to become acquainted with the broad spectrum of measures which may be applied in order to facilitate their development. The Register of Development Services will make it possible for its users to obtain support with respect to the analysis of their needs, to register for individual services as well as to perform an assessment thereof. The establishment and maintenance of the Register of Development Services shall be financed from the funds of the Operating Programme Knowledge, Education and Development (OP KED). Nevertheless, this tool will be universal in nature and will not be used solely for the purposes of the implementation of projects financed by the European Social Fund; it will serve to ensure the constancy and universality of the solutions applied in the field of the broadly understood area of adaptability of employees or enterprises as well as in the field of continuing education. The financial framework 2014-2020 provides for the co-financing of the pro-innovation services rendered by business environment institutions, (mostly by innovation centres) on the central level (including mostly under the Smart Growth Operational Programme 2014-2020). The aforementioned services should be adjusted to the needs of their recipients as well as should contribute to the emergence of innovation in a comprehensive manner.100 3.5 Infrastructural conditions if entrepreneurship growth The existence of a modern and efficient transport and telecommunications infrastructure constitutes the necessary requirement for the improvement of the competitiveness of not just individual economic operators, but of entire regions and states as well. The presence of an adequate infrastructure, coupled with a transparent commercial law system is an important factor which affects the decision of an entrepreneur on whether to start a business. The weak points of Polish infrastructure include the unsatisfactory capacity and durability of Polish roads and the technical condition thereof (which is still worse than in many EU countries), the poor technical condition of some of the railways in Poland, the failure to take advantage of the transport potential of the inland waterways and an unsatisfactory range and availability of broadband Internet. 100Smart Growth Operational Programme 2014-2020, adopted by the Council of Ministers in January 2014 115 Entrepreneurship in Poland EU funds (both within the framework of the 2007-2013 financial perspective, which is about to expire, as well as within the framework of the 2014-2020 financial perspective, which is about to commence) present an opportunity for at least a partial solution of these problems, i.e. the creation of better conditions for the development of entrepreneurship. The greatest challenges concerning the sufficient use of the funds in question are: obtaining authorisations in a timely manner, resistance of some stakeholders of individual investments, coordination of investments processes and availability of financing of equity contributions. 3.5.1 Road transport The basic problems of road transport remain unchanged: the lack of a complete network of motorways and expressways, non-adjustment of many roads to the capacity of 11.5 tonnes per axis, heavy traffic through built-up areas caused by the lack of bypasses around key cities and the technical condition of roads which still cannot be described as satisfactory. Road safety also continues to pose a problem. From 25 January 2011 the Programme for National Roads Construction in 2011-2015 adopted by the resolution of the Council of Ministers remains in force; the programme constitutes a continuation of the earlier Programme for National Roads Construction in 2008-2012. It specifies the investment objectives and priorities, indicates the level and sources of the necessary funding and a list of tasks to be performed. The source of financing of road investments within the framework of the Programme for National Roads Construction in 2011-2015 is the state budget (preparatory works, renovation works, ongoing maintenance, investments in buildings and structures) as well as the National Road Fund (expenses linked to road construction). As a result of implementation of tasks included in the Programme for National Roads Construction in 2011-2015, a total of 1,804.2 kilometres of national roads were opened during the period ending on March 31, 2015, including 331.7 kilometres in 2014 alone. This means that drivers can now take advantage of a network of express roads, consisting of over 1550 kilometres of motorways (compared to 1491 in the previous year) as well as 1470 kilometres of expressways (compared to 1052.4 kilometres in the previous year).101This will facilitate the attainment of the intended objective which provides that Poland will have a consistent motorway system after 2015, which will consist of the national A1, A2 and A4 motorways as well as the regional A6, A8 and A18 motorways. Expenses associated with the implementation of the National Road Construction Programme for years 2011-2015 in 2014 amounted to approximately PLN 9.55 billion (including budget funds in the amount of approx. PLN 2.82 as well as funds provided by the National Road Fund – approx. PLN 6.72 billion)102. The expenditures related to the renovation of the existing road network amounted to approx. PLN 0.6 billion (about 374 km of roads and 18 bridges and related structures). Nevertheless, it is still necessary to increase the level of expenditure earmarked for the improvement of the condition of the surface of roads in Poland. As at the end of 2014, roads which could be described as being in good condition accounted for 61.7%, while roads considered to be in an unsatisfactory or poor condition accounted for 38.3% of all roads.103 The percentage of roads in poor technical condition increased to the level of 13.2% (up by 0.7 pp. compared to the previous year). Approx. 2,724 km out of 20,656 km of national roads under the management of the General Directorate for National Roads and Motorways require the performance of immediate maintenance works.104 The National Road Construction Programme for years 101 See the Ministry of Infrastructure and Development, National Road Construction Programme for years 2011-2015 – report for year 2014, page 1 102 Cited above, p. 8. 103Report on the technical condition of asphalt and concrete surfaces of the national road network as at the end of 2014, the General Directorate for National Roads and Motorways, Warsaw, March 2015, p. 6. 104 Op. Cit., p. 6. 116 Entrepreneurship in Poland 2011-2015 provides that, at the end of 2013, the share of roads in good technical condition was to be 66%. 105 Chart 25. Freight road transport in selected European countries in 2005-2013 (in thousand tonnes) 3 000 000 2005 2006 2007 2008 2009 2010 2011 2012 2013 2 500 000 2 000 000 1 500 000 1 000 000 500 000 0 POLAND France Germany Spain UK Hungary Italy Ukraine Czech Republic Source: A study by DSA MG on the basis of Eurostat and Адреса, реквізити та розпорядок роботи (State Statistics Service of Ukraine) data. By the end of 2011, the volume of road transport in Poland increased significantly. In 2012, however, the volume of freight carried decreased, both in Poland as well as in other European countries. Meanwhile, the figures for 2013 indicate that in selected countries (including Poland, Hungary, Ukraine and the Czech Republic), the freight volume recorded was similar to the maximum values attained in 2011. 3.5.2 Railway transport Poland has a relatively dense network of railway lines, and ranks second in the EU in terms of the length of railway lines106. However, approximately one-third of all of the railway infrastructure which remains in use is in unsatisfactory technical condition. According to the data of PKP PLK S.A.107, at the end of 2014, 52% of railway tracks were in good condition, 5% were in sufficient condition, whereas 21% were in unsatisfactory condition (about 5 pp. less than in the previous year), including: 28.4% of railway tracks designed for travelling speed in the region of 120-160 km/h; 35.7% of railway tracks designed for travelling speed in the region of 80-120 km/h; 28.5% of railway tracks designed for travelling speed in the region of 40-80 km/h and 6.8% of railway tracks designed for travelling speed not exceeding 40 km/h. Investment expenditures for the works related to the modernisation of railway lines amounted to PLN 7.3 billion in 2014. Despite the high expenditures related to modernisation works, an advanced decapitalisation of railway infrastructure, which results from multi-annual negligence of investments in rail is still a problem. The state of underinvestment in the railway transport sector has been gradually subsiding, but the amount of expenditure is still insufficient to meet the current needs. Currently, there are 105 rail carriers on the Polish rail market (one more than in the previous year) which hold 172 licences for the carriage of passengers and goods and for subletting of traction See: Programme for National Road Construction in 2011-2015, p. 25. See: Eurostat data (rail_if_tracks). 107See: data of PKP Polskie Linie Kolejowe (Polish Railway Lines Company PLK) at the end of 2014 – ILK2c-071-43a/15. 105 106 117 Entrepreneurship in Poland vehicles/provision of traction services (7 more than in the previous year).108 The Polish rail market, including both the passenger and the freight rail sector, is characterised by a high level of concentration of market shares as well as a high level of specialisation of individual carriers. The PKP Cargo S.A. company continued to dominate the freight market in 2014 (57% of the market share calculated according to the transportation activities performed). At the same time, the company also remains the second-largest freight carrier within the EU in terms of the quantity of transported mass and the amount of transport activities performed109. The market participation of the second-largest entity on the market is lower than 10%, which clearly shows the scale of market dominance of PKP Cargo. Chart 26. Railway freight transport in thousand tonnes in selected European countries in 20052014* 600 000 2006 2007 2008 2009 2012 2013 UK 2005 PO LA ND Sl ov ak ia 500 000 2010 2011 2014 400 000 300 000 200 000 100 000 Uk ra ine Tu rke y ry Hu ng a ia Lit hu an Ita ly Fr an ce Sp ain Cz ec h Re pu bli c Ge rm an y 0 * No data available for year 2014 for Poland, Slovakia, Italy and the United Kingdom. Source: A study by DSA MG on the basis of Eurostat and Адреса, реквізити та розпорядок роботи (State Statistics Service of Ukraine) data. 3.5.3 Maritime transport and the activities of Polish seaports Maritime transport plays an important role in commodities trade. The quantity of goods loaded and offloaded in Polish seaports was approximately 68.9 million tonnes as at the end of 2014, i.e. was more than 8% greater than in the previous year. The figures in this regard have been steadily on the rise since 2012; within the period between 1990 and 2014, handling volume increased by approx. 50%. Apart from the growth in terms of handling, the net tonnage (NT) of ships handled at polish seaports is also on the rise. In 2014, the tonnage of ships handled at Polish seaports was 84.3 million NT, i.e. over 10.8% more than in the previous year. In addition, it is worth noting that the increase in the tonnage of the vessels handled in years 1990-2014 amounted to more than 200%. 108 See http://www.utk.gov.pl/pl/licencjonowanie/licencjonowani-przewoz/245,dok.html (accessed on June 25, 2015) Data provided by the Office of Rail Transport for 2014, See: http://www.utk.gov.pl/pl/analizy-i-monitoring/statystykamiesieczna/przewozy-towarowe-2014/2638,Przewozy-towarowe.html 109 118 Entrepreneurship in Poland Chart 27. Cargo handling at Polish seaports in years 1990-2014 (in million tonnes) 100,0 90,0 80,0 70,0 60,0 50,0 40,0 30,0 20,0 10,0 0,0 100,0 90,0 80,0 70,0 60,0 50,0 40,0 30,0 20,0 10,0 0,0 Loading and unloading in mln t (left axis) Ship capacity (NT) in mln (righ axis) 1990 1995 2000 2005 2010 2011 2012 2013 2014 Source: Calculations by DSA MG on the basis of the Central Statistical Office data, Little Statistical Yearbook 2015. Poland has six seaports capable of participating in international trade. Among all those ports, Gdańsk remains the most significant one, having accounted for 41.8% of all merchandise trade in 2014, i.e. for approximately 27.1 million tonnes. Other significant ports include Gdynia (24.6%), Świnoujście (18.2%) and Szczecin (11.8%). The remaining ports account for 2.8% of all merchandise trade in Poland. The Gdańsk seaport remains the undisputed leader among all Polish seaport, as it has done for many years. Its distinguishing features also include a dynamic growth in terms of merchandise trade handling as well as a number of ongoing investment projects and its immense development potential. Chart 28. Total cargo handling volume at Polish seaports in years 1990-2014 (in million tonnes) 35 1990 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 30 25 20 15 10 5 0 Gdańsk Gdynia Szczecin Świnoujście Police Kołobrzeg Source: Calculations by DSA MG on the basis of the Central Statistical Office data, the Little Statistical Yearbook 2015 / the Maritime Economy Statistical Yearbook 2014 According to the data provided by the Central Statistical Office of Poland, at the end of 2013 there were over 3000 entities, both private and public, which remained active in the Polish maritime transportation sector, performing activities in the following areas: cargo handling, storage and warehousing in seaports; activities of maritime transport agencies; seaport management; maritime and offshore transport. The above figures mean that there has been a 57% upsurge in the number of entities active 119 Entrepreneurship in Poland in this sector compared to 2010. At the same time, there has also been a noticeable increase in the number of individuals employed in the sector (up from 23.2 thousand in 2010 to 25.5 thousand in 2013). Chart 28. Selected data on the Polish maritime transport sector 110in years 2008-2010. Year 2010 2011 2012 2013 Number of entities 1,972 2,487 3,176 3,087 0 – 9 Number of employees 10 50 250 500 – – – 49 249 499 1,143 1,166 1,215 1,316 128 146 159 172 46 49 50 49 16 16 14 14 Employed persons 3 4 4 3 individual s 23,231 25,449 26,186 25,563 Revenue from overall activity Costs of overall activity Bottom line PLN million 6,005.6 6,072.1 6,748.9 7,318.0 5,678.1 5,849.0 6,290.9 6,789.2 327.5 223.1 458.0 528.8 Source: Calculations by DSA MG on the basis of the Central Statistical Office data, the Maritime Economy Statistical Yearbook 2014 3.5.4 Information and telecommunication infrastructure The ICT infrastructure has an influence on the competitiveness of the enterprises, among other things, through the improvement of the communication process, reduction of transaction costs and access to new selling markets. Products and services of the ICT sector affect the acceleration of the economic growth and support the development of the information society through their use in other branches of the economy. Nowadays, it is difficult to imagine running a business activity without the help of information and communication technologies. The value of the telecommunications market in Poland in 2014 was estimated at PLN 45.2 billion according to the data provided by the Audytel consulting company. Despite the 0.6% decrease compared to the previous year, the value thereof is expected to increase systematically over the course of the next few years. The development of broadband Internet is influenced, inter alia, by the release of new frequencies which shall be made available following the transition from analogue to digital TV. The ICT sector continues to develop rapidly in Poland, even though the market actually shrunk in terms of value in 2013. The number of companies in the ICT sector rose by 26.1% in years 2010-2013. At the same time, the net revenue from sales in this sector increased by 10.1% in the same period and amounted to PLN 125 billion in 2013 – 0.8% less than in 2012.111 110 Applicable to the PKD 2007 classification: Cargo handling (52.24); cargo storage and warehousing (52.10); Services supporting maritime transport (52.22); Activities of maritime transport agencies (52.29); Services supporting maritime transport (52.22); Lease or management of freehold or leasehold properties (68.20); Real estate management performed at the request of another (68.32); Maritime and offshore passenger transport (50.10); Maritime and offshore cargo transport (50.20). 111 See Information Society in Poland. Results of statistical analysis from 2008 to 2014, Central Statistical Office, Warsaw 2014, pp. 20, 21. 120 Entrepreneurship in Poland Chart 29. Share (%) of households with broadband Internet connections in selected EU countries in 2005-2014* 100 2005 80 2007 60 2009 40 2010 20 2011 0 2012 2013 2014 Source: A study by DSA MG based on Eurostat data (isoc_pibi_hba). * No data available for France in 2005. Internet access is continually expanding, which is shown by the data about the access of households to broadband Internet. Although Poland is rapidly making up for the lost time, we have still not managed to reach the EU average, having attained the level of 71% in 2014, compared to the EU average of 78%112. The situation among entrepreneurs was more favourable: in 2014, 90% of them had broadband Internet access, compared to the EU-28 average of 94%. On the other hand, 97% of all companies with Internet access used broadband Internet, which was comparable to the EU-28 average (98%).113 According to the data of the Central Statistical Office, in 2014 94.4% of enterprises were equipped with computers, 93.1% had Internet access, and 90.4% – broadband Internet access. Access to the Internet differs among enterprises depending on their size. While nearly all large and medium companies (99.6% and 99.0%, respectively) had access to the Internet in 2014, for small companies (10-49 employees) this figure was 92.3%. In 2014, enterprises most frequently used a DSL broadband connection – 84.7% of all business entities. Wireless connection through a PC with 3G modem was less popular – 55.9%, followed by 3G handsets – 41.8%.114 A website is more than an effective tool for communication with clients. It is also used to perform orders or to submit job applications. 65.3% of the surveyed entrepreneurs had their own Internet website in 2014, the main purpose of which was the presentation of products and price lists. This ratio is slightly lower than the EU-28 average because in 2013 73% of enterprises in the EU had their own website, compared to 66% in Poland. Electronic commerce in both B2B (business-to-business) and B2C (business-to-consumers) relations is new and dynamically growing market. In 2013, 23.6% of enterprises placed orders via computer networks, i.e. 2.4 pp more than in the previous year; for this purpose they used websites (23.1%) and EDI messages (6.2%). These enterprises also mostly decided to take advantage of the services of suppliers based in Poland. In 2013, only 11.7% of companies surveyed by the Central Statistical Office (GUS) carried out sales over the Internet. Revenues from such sales represented 11.5% of total net 112 A study by the Strategy and Analyses Department of the Ministry of Economy based on Eurostat data (isoc_pibi_hba). study by DSA MG based on Eurostat data (isoc_ci_it_en2). See Information Society in Poland. Results of statistical analysis from 2008 to 2014, Central Statistical Office, Warsaw 2012, p. 47. 113 A 114 121 Entrepreneurship in Poland value of their sales revenues. Automatic data exchange becomes important in a mutual exchange of information between business entities. In 2014, 22% and 21.8% of all enterprises used ERP and CRM automatic data exchange systems respectively. In both circumstances, the companies in question tended to be large companies (86.6% and 62.7% respectively). E-administration not only makes the operations of businesses more efficient by saving time, but also reduces the costs of activities performed. In 2013, 88% of companies used the Internet to come into contact with public administration, mostly for the purposes of submitting completed forms (82.7%), downloading forms to be completed (80.4%) and obtaining information (76.4%); the use of the Internet for the purposes linked to public procurement remained the least popular type of the use thereof. 3.5.5 Energy infrastructure The main challenge faced by the Polish energy sector is the need to invest in new production and transmission capacities. Most of 400 kV transmission lines were built in 1970s and 1980s. The same applies to 220 kV transmission lines and transformer units (transformers). This, however, does not mean that the existing transmission system is inadequate. Long-term modernisation plans of PSE S.A. include the development of 400 kV network along the existing 220 kV routes, which will result in the extension of the total length of 400 kV lines and, at the same time, shortening of the total length of 220 kV lines. Their implementation started in the years 2013-2014. Within the scope of activities set out in its articles of association, the transmission system operator in Poland, i.e. Polskie Sieci Elektroenergetyczne S.A. (PSE S.A.) remains responsible for the operation and maintenance of facilities which form part of the transmission system in order to comply with the duty to ensure the operability of all components of the transmission network at a level which guarantees the required degree of reliability of electricity supply. At the same time, upon taking over the components of the existing transmission network, the TSO performed a number of actions aimed at eliminating the equipment and components considered to be prone to malfunctioning. Major investments in transmission network are located in northern, north-eastern, and western Poland, and mainly involve connection and provision of capacities from new power plants, including both conventional power plants and RES. Meanwhile, the development of cross-border connections is aimed at increasing cross-border transmission capacities. The construction of a 400 kV connection between Poland and Lithuania is currently underway. Phase I of the investment is currently underway and is scheduled for completion in December 2015; it will allow for an exchange at the level of 500 MW between the countries. At the same time, the capacity of the connections between Poland and Germany is being increased through the installation of phase shifting transformers (PST) on two existing transmission lines: Krajnik-Vierraden and Mikułowa-Hagenverder. As soon as both PSTs are installed, the power on the connections between Poland and Germany will increase by 500 MW in the case of import and 1500 MW in the case of export. The average age of the distribution network is in the region of 30 years. Transformer stations and ageing transmission lines constitute the greatest problem. The poor condition of the grid leads to high power losses, which amount to approx. 7.1% with respect to the transmission and distribution of electricity, with more than 80% of all losses occurring on the distribution networks. A similar level of losses is experienced by Poland’s neighbours. The differences in some of the estimates between the losses occurring in Poland and in the neighbouring countries result from the applied methodology for the calculation of losses from the fact that only certain segments of the entire system are being compared. 122 Entrepreneurship in Poland A substantial part of power-generating facilities in the Polish electrical power system is well on its way towards becoming obsolete – nearly 60% of boilers and turbine sets are over 30 years old. The decreasing surplus of available power in relation to peak demand is to a large extent the consequence of the age and technical condition of the existing power plants. In a number of instances, unscheduled power shortages caused, inter alia, by the malfunctioning power generating equipment, have made it more and more difficult for the Transmission Network Operator to ensure the safe operating electricity surplus at a level of 15%. Due to the increasingly dated power plants and the consistent introduction of more stringent Community regulations pertaining to air pollutant emissions (with particular emphasis on sulphur dioxide (SO2) and nitrogen oxides (NOx)), the existing power units will be either decommissioned or subjected to intense modernisation works. The decommissioning of individual power units is inevitable only for those units which have been declared as scheduled for decommissioning by the operators of the respective installations with the appropriate government administrative authorities within the period between 1 January 2008 and 31 December 2015 within the framework of the so-called environmental derogations provided for under Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plants. This directive allows for a derogation from emission standards which have become applicable from 1 January 2008 onwards, on condition that the facilities in question are decommissioned following no more than 20,000 additional operational hours within the period specified. Due to the dynamic changes in the broad economic environment it is difficult to make clear predictions as to which of the projects contemplated by investors shall in fact be initiated and implemented within the currently anticipated time-frame. Final decisions on the relevant investment projects shall be influenced not only by economic (electric power prices), social and environmental conditions, but also by the European and domestic climate policy, as the ever-shifting circumstances force investors to modify their initial plans. There are plans to decommission facilities operating within the domestic power generation sector with a total output of 3,800 MW by 2020, including: − approx. 2,800 MW among baseload power plants within the centrally dispatched power generating facility group, − approx. 1,000 MW among commercial power plants and combined heat and power plants within the non-centrally dispatched power generating facility group. Due to the need to maintain the required power reserves in the National Power System, new, systemwide power sources with an aggregate power of approx. 6000 MW need to be built by 2020. Taking into account the current investment activities within the scope of construction of new power generating facilities, one may conclude that their aggregate capacity will make it possible to meet the identified needs. In areas where the development of professional power industry could face big limitations, one should make use of the advantages of renewable energy sources for the growth of energy safety. Development of distributed generation based on renewable energy sources will require adaptation to the new conditions of both the transmission network and the distribution network, as well as the procedures concerning their operation, security measures, etc. According to the Doing Business 2015 report compiled by the World Bank, Poland ranks 64th (out of 189 classified countries) in a sub-ranking devoted to the access to electricity. The sub-ranking compares the ease of obtaining a permanent connection to the electricity grid by an enterprise. The 123 Entrepreneurship in Poland time-consuming nature of the whole process (161 days compared to 76.8 days on average in the OECD) had a negative impact on the score obtained by Poland in this regard. On the other hand, Poland obtained good results insofar as the cost of connection (20.8% of the income per capita compared to 73.2% average in the OECD) as well as the number of procedures involved (3, compared to the OECD average of 4.7) were concerned. The questions included in the World Bank questionnaire pertained to the specific case of connection to the power grid of a new warehouse; one has to assume that the average time necessary to gain access to a permanent connection is shorter. 3.5.6 Spatial development On August 18, 2015, the Council of Ministers adopted the draft act amending the act on spatial planning and development and certain other acts. This amendment is intended to provide a response to the need to implement rapid changes which are not of a systemic nature and are intended to solve the most pressing issues related to the functioning of the current act while at the same time avoiding imposing any additional burdens upon the authorities of communes. The problems in question are, first and foremost, the unfavourable consequences of the application of the current act, both in spatial (the dispersion of developed areas and the related problem of the so-called urban sprawl), economic (high costs of infrastructure development) and social terms (lack of social infrastructure, conflicts related to the lack of acceptance for the provisions contained in planning documents). The detailed objectives of the aforementioned draft act include: • Redirecting the stream of construction sector investments to areas prepared for development and equipped with technical and social infrastructure by introducing mechanisms encouraging the communes to adopt local spatial development plans, changes with respect to the issuance of planning permissions as well as a catalogue of guidelines pertaining to the planning methods with respect to the location of new developments, stemming from the idea of a compact, lowemission city, the principles of spatial order, efficient spatial management as well as the need to maintain the economic advantages of the given space. These solutions will safeguard the interests of investors as well as individual and public investment processes, increasing the level of confidence in the efficient implementation of investment projects; in addition, they will also safeguard the interests of the users of newly-built residential developments insofar as the easy access to public services is concerned. • Increasing the degree of social control in the process of spatial planning through the introduction of an obligation to conduct consultations with the local residents at the planning stage, before even the local spatial development plan is adopted, which shall decrease the risk of conflicts occurring during the subsequent stages of investment projects. • Reinforcement of the process of planned spatial planning and strengthening the links between the spatial policy of the commune (the spatial development study) and its actual needs and possibilities through the introduction, inter alia, of the requirement for the planning processes to be based on the development plans prepared by the commune and on demographic forecasts as well as of the requirement for site summaries to be prepared with respect to the sites earmarked for development, encompassing an assessment of their capacity and of the possibilities (including financial possibilities) of the provision of social and technical infrastructure by the commune. • Designation of the principles for efficient spatial management, including the principles for the construction of compact, low-emission cities which remain friendly to pedestrians and cyclists alike. • Establishment of legal regulations conducive towards ensuring an adequate relationship between the revenues and costs incurred by communes in connection with their activities in the field of planning. 124 Entrepreneurship in Poland • Increasing the quality of local spatial development plans and the efficiency of the processes of the adoption thereof. One of the aims of the draft act is also to clarify interpretative ambiguities resulting from the judgement of the Constitutional Tribunal dated July 8, 2008, case no. K 46/07, declaring the act on large commercial spaces do be inconsistent with the Constitution of the Republic of Poland, as well as to reflect the position of the Constitutional Tribunal expressed in the judgement dated December 18, 2014, case no. K 50/13 and to introduce a number of changes and supplementations, including those which stem from the need to eliminate the inconsistencies in the current case law in order to ensure the uniform application of the provisions of the act. The solutions included in the draft act referred to above are partially the consequence of the adoption by the Council of Ministers in June 2013 of the document designated as Action Plan for the Implementation of the National Spatial Development Concept 2030. The document states, inter alia , that the existing legal system does not sufficiently prevent conflicts and irrational spatial management. The collection of regulations pertaining to spatial planning does not form a single, cohesive system. Regulations are scattered in numerous legal acts, and there is a lot of exceptions and exemptions from the general rules. According to the authors, the lack of spatial order, especially at the micro level, translates into a lower competitiveness and productivity of the economy at the macro level. Therefore, the plan provides for the introduction of comprehensive systemic changes in the spatial development policy. The problems identified in the NSDC 2030 will be further analysed, and the outlined directions of changes will be clarified. Construction of a new system involves: efficiency of the spatial planning system, the rule of law in planning and implementation of spatial development processes, inclusion of economic instruments in the space management system, and creating favourable conditions for business activities while maintaining the protection of public interest. The National Urban Policy (NUP) drawn up at the Ministry of Infrastructure and Development is one of the elements of the above-mentioned action plan. The draft NUP (adopted in March 2014) emphasises the importance and the role of towns and cities in generating economic growth and creating jobs. This development should take place with respect for resources (land, energy, and others), and in compliance with the principle of sustainable management. Important issues to which the authors of the NUP want to draw particular attention include: − counteracting the so-called unrestrained suburbanisation, or urban sprawl, by promoting the idea of a compact city; − sustainable investments in towns and cities, with preference given to previously developed land, and a substantial emphasis on the need for comprehensive urban modernisation incorporating infrastructural, social, economic and environmental components; − strong emphasis on social participation and the participation of inhabitants and other “users” of towns and cities in the planning and implementation of the development thereof; − the need for multi-sectoral response to the demographic problems faced by Polish towns and cities; − consistent efforts to achieve sustainable mobility in urban areas; − development of multi-level cooperation in the management of urban areas (cities and their socalled functional areas); − pursuit of rational management of resources (land, water, environment, energy), improvement of the environment condition in cities, and adaptation to climate changes which greatly affect the inhabitants of cities. 125 Entrepreneurship in Poland 3.6 Cooperation of enterprises within Special Economic Zones and clusters 3.6.1 Special Economic Zones Terms and conditions for granting state aid to enterprises operating in the zones Special Economic Zones (SEZ) are separate administrative areas in Poland where enterprises implementing new investments can benefit from income tax exemptions with respect to the income received in the zone. Business license for operation in a given zone is the basis to benefit from state aid. Licenses are issued by companies tasked with the management of SSEs by way of a joint tender or negotiations. Rules and manner of conducting tenders and negotiations are specified – separately for each zone – by the Regulation of the Minister of Economy and Labour of 2004 on tenders and negotiations as well as the evaluation criteria for plans concerning business activities to be conducted by entrepreneurs within the given zone. The rules and conditions of investments within Special Economic Zones as well as the benefits which stem from the fact of pursuing business activities within such economic zones are defined in the Act of 20 October 1994 on Special Economic Zones (Journal of Laws for 2015, item 282) as well as in subordinate legislation enacted on the basis of the aforementioned act. In SEZs, enterprises receive state aid in the form of tax exemptions on account of: − costs of new investments, − creating new jobs. The size of the aid depends on the maximum intensity of the aid set for the area where a given investment project is implemented as well as the amount of the costs eligible for aid. For entrepreneurs who wish to benefit from the aid for employment, eligible expenditures include the two-year costs of remuneration of newly employed workers, whereas for entrepreneurs who opt to benefit from investment aid – the costs of the new investment project. The maximum aid intensity in the case of investments implemented in Lubelskie, Podkarpackie, Warmińsko-Mazurskie and Podlaskie provinces is 50%; in Kujawsko-Pomorskie, Lubuskie, Łódzkie, Małopolskie, Opolskie, Pomorskie, Świętokrzyskie and Zachodniopomorskie provinces as well as in Ciechanowsko-Płocki, Ostrołęcko-Siedlecki, Radomski and East Warsaw Subregions of Mazowieckie province the figure is 35%, while in Dolnośląskie, Wielkopolskie and Śląskie provinces it amounts to 25%; the value for the West Warsaw Subregion is 20%, and for the area of the capital city of Warsaw – 15% until the end of 2017 and 10% after that date . For small and medium enterprises the aid may be increased by 20 percentage points and by 10 points, respectively. The increase shall not be applied in the case of large investment projects (i.e. where the costs eligible for aid exceed the equivalent of EUR 50 million). The size of the aid on account of the costs of a new investment is calculated as the product of the maximal aid intensity set for a given area and the costs of investment projects eligible for aid. Conditions for receiving the aid are as follows: • running a business for the period of not less than 5 years; in the case of small and medium-sized enterprises, the period is 3 years. 126 Entrepreneurship in Poland • maintaining the ownership of the assets, to which investment expenditures are related for the period of 5 years; in the case of small and medium-sized enterprises – 3 years. In the case of large enterprises the costs of new fixed assets are solely the investment costs eligible for aid. The size of the aid on account of the creation of new jobs related to a given investment project is calculated as the product of the maximal aid intensity and the two-year costs of gross salaries of newly employed workers plus all necessary payments relating to their employment. Large enterprise benefiting from the aid on this basis must maintain a newly created job for the period of 5 years; for small and medium-sized enterprises, the period is 3 years. Business license for operation in a given zone is the basis to benefit from state aid. Licenses are issued by companies tasked with the management of SSEs by way of a joint tender or negotiations. The rules and the manner of conducting tenders and negotiations are specified – separately for each zone – by the Regulation of the Minister of Economy and Labour of 2004 on tenders and negotiations as well as the evaluation criteria for plans concerning business activities to be conducted by entrepreneurs within the given zone. There is a total of 14 Special Economic Zones in Poland. As at the end of December 2014, their total area amounted to more than 18,134 hectares. The zones were located in 162 cities and 232 communes. Chart 29. Effects of the functioning of Special Economic Zones as at 31 December 2014 No. Special Economic Zones 1 Kamienna Góra 2 Katowice 3 Kostrzyń-Słubice 4 Cracow 5 Legnica 6 Łódź 7 Mielec 8 Pomorze 9 Słupsk 10 Starachowice 11 Suwałki 12 Tarnobrzeg 13 Wałbrzych 14 Warmia i Mazury Total Number of Investment outlays valid (cumulatively in permissions PLN million) 61 2,039.3 302 21,097.1 164 5,860.3 140 2,362.1 81 7,134.3 200 12,467.9 207 6,652.8 139 9,064.7 75 1,383.6 76 1,886.9 81 1,745.2 184 7,952.4 261 18,618.1 85 3,687.6 2,056 101,953.3 Number of jobs New 5,508 40,524 16,929 9,075 9,717 23,564 20,585 13,345 2,991 3,324 5,941 19,761 32,139 8,292 213,9397899 Maintained 751 13,974 11,228 10,075 254 8,666 6,178 4,364 665 2,991 376 7,464 7,941 6,703 81,630 Source: Ministry of Economy In 2014, zone boundaries were changed several times. The changes were applied to the boundaries of all 14 special economic zones, while the area of the Pomeranian Special Economic Zone was changed three times, and two zones, i.e. Kostrzyńsko-Słubicka Special Economic Zone and Wałbrzych Special Economic Zone, were changed twice. The total surface area of SEZs increased by 1,930 ha, as compared to 2013. At the end of 2014, a total of 2056 permits for the pursuit of business activities in SEZs were in force. In 2014 alone a total of 436 permits were issued, which accounted for more than 21% of all valid permits. 127 Entrepreneurship in Poland Until the end of 2014, entrepreneurs operating in Special Economic Zones invested more than PLN 101.9 billion and provided nearly 295.6 thousand jobs in total, out of which almost 213.9 thousand (i.e. 72.4%) were new jobs, i.e. jobs created by investors after obtaining business licenses for operation in Special Economic Zones and resulting directly from the implementation of new investment projects. 3.6.2 Clusters in Poland One of the economic priorities of the government is to ensure the development of Polish enterprises and the increase of the competitiveness of the Polish economy in the EU and on the global markets. Under today's conditions the competitiveness of economy is, to an increasingly greater degree, based on research, development and innovation (R&D&I). The activity to promote the development of the enterprises implementing innovative solutions is becoming increasingly important. Clusters are becoming the key to achieve this objective; thanks to a naturally established cooperation of enterprises, research institutes, business environment institutions, non-governmental organisations and local authorities, clusters are also referred to as catalysts of innovation processes. Cluster structures largely support the growth of the level of innovation and the improvement of the potential capacity of knowledge transfer. A dynamic growth of the number of enterprises operating within clusters contributes to a faster economic growth, higher productivity, increased profits, inflow of direct investments, increased exports and creation of new jobs. The establishment of clusters in high-technology sectors improves the innovativeness of enterprises. The functioning of small and medium-sized enterprises within clusters is of particular importance; without institutional support and a value chain established within a cluster, such companies would often not be able to meet the challenges of the modern market. The first clusters were established in Poland in the years 2003-2005. At the end of Q1 2015, there were 177 clusters, cluster initiatives and cooperative relationships registered on the PAED’s Cluster Map, where: • most organisations were located in Mazowieckie, Śląskie, and Wielkopolskie Provinces, while the fewest were located in Kujawsko-Pomorskie and Warmińsko-Mazurskie Provinces; • most organisations were active in the following industries: IT, ICT, media, bioenergy, energy sector, renewable energy sources, construction industry (including environmentally-friendly buildings), medicine, medical services, rehabilitation, biomedicine; food industry; tourism. Examples of clusters successful in the field of innovation are: Aviation Valley in Rzeszów, Life Science Cluster in Krakow, Mazovia Cluster ICT and Silesian Design Cluster. Polish clusters operate both in high-technology sectors, i.e. ICT sector or creative industry, and in traditional sectors. Among the clusters operating in traditional sectors the following clusters need to be mentioned: woodworking cluster, furniture cluster, construction cluster, raw material cluster, metalworking cluster, healthy food cluster, life quality cluster and tourism cluster. The Enterprise Development Programme – an executive document based on the Strategy for the Innovativeness and Efficiency of the Economy, involves the establishment of a close link between the activities pertaining to the development of clusters and the so-called smart specialisation introduced to the regional policy of the EU. These activities will vary at the central and local levels. The activities at the local level will stimulate the establishment of new clusters as well as support the existing regional clusters and they will relate to the development of the cooperation between the existing clusters and large enterprises, business environment institutions, local authorities and research institutes in order to achieve a higher level of cohesion of cluster activity and the development of new, innovative products 128 Entrepreneurship in Poland and services within the individual clusters. The activities supporting new clusters established in the areas of particular importance for the competitiveness of the region in the EU and in the areas of geographical concentration within Special Economic Zones will be conducted at the regional level. Following the analysis of the cooperation between entrepreneurs within the framework of the SEZs and clusters as well as of the challenges in this regard which are outlined in the report, the need to implement, inter alia, the following activities has been identified: − support for the development and promotion of the idea of creating clusters, technology platforms and other cooperative relations between entrepreneurs as well as between enterprises and scientific institutions, aimed at the implementation of innovative projects, − establishing closer links between the benefits obtained by entrepreneurs within the framework of the SEZs and the innovativeness of the solutions which they implement. According to the Cluster Benchmarking in Poland – 2014 Edition study, the group of 35 clusters analysed have welcomed 560 new enterprises in two recent years, which corresponds to a 41% compared to 2012. The establishment of clusters in high-technology sectors improves the innovativeness of enterprises. A survey among enterprises belonging to clusters shows that as many as 58% of them declared that they had implemented innovations over the previous 2 years. The export potential of enterprises participating in the clusters analysed is proven by the fact that the average share of exports in the sales structure of the cluster core amounted to 35%. The functioning of SMEs within clusters (accounting, according to the above mentioned study, for 94.1% of all enterprises associated under the clusters analysed) takes on a particular importance, since such enterprises would, without institutional support and the value chain generated within the cluster, be unable to meet the challenges of the market. In its 2012 report, the Cluster Policy Workgroup recommended that the innovativeness and competitiveness of the Polish economy should be reinforced through the intensification of cooperation, interactions and knowledge transfer within the framework of clusters as well as through supporting the development of strategic economic specialisations through the selection of National Key Clusters (NKC). The idea for the designation of NKCs is related with the implementation of the tenets of the Europe 2020 strategy as well as of the smart specialisation concept promoted by the European Commission, which assumes the concentration of efforts and resources on a specific, relatively small number of priority tasks or economic specialisations. According to assumptions made for the purposes of the 2014-2020 Smart Growth Operational Programme, National Key Clusters, i.e. clusters of major importance to the national economy and high international competitiveness and identified at the national level based on such criteria as: critical mass, development and innovation potential, current and planned cooperation, as well as experience and potential of the coordinator, will form the basic group of clusters supported at the national level. In 2015, a call for applications for co-financing under Sub-measure 2.3.3. of the OP Smart Growth (Internationalisation of National Key Clusters) will be announced. The aim of the sub-measure is to increase the level of the internationalisation of enterprises operating within the National Key Clusters. The co-financing covers comprehensive services, including advisory services supporting a given cluster in entering foreign markets, with particular emphasis on high-tech products. The services should respond to identified internationalisation-related needs of cluster members and focus on supporting international expansion of the cluster in connection with its R&D&I operations. The support will improve the ability of a cluster to cooperate with foreign entities on a regular basis and to cooperate with other cluster members (i.e. coordinator and NKC members) more closely. More information on NKCs can be found in Annex II (SBA Priority Area VIII – Skills and innovation). 129 Entrepreneurship in Poland 4. POLAND IN INTERNATIONAL COMPETITIVENESS RANKINGS Over the recent years, Poland's position in some international comparisons and rankings of competitiveness was systematically improving. This proves that progress has been made and that the implemented changes – including, in particular, changes related to deregulation – are proceeding in the right direction. Information included in such rankings may be helpful while making investment decisions, but it should be noted that their methodology has certain limitations, and therefore they should be interpreted only in specific contexts. Evaluations of the competitive position of the Polish economy as compared to other countries are presented below, based on a number of selected publications on the subject. • “Doing Business 2015"– World Bank and IFC115 Report The World Bank Report is one of the most renowned and frequently quoted competitiveness studies. The experts of the World Bank restrict the scope of their evaluation solely to the microeconomic aspects of business activity. These are generally linked to regulations in 10 areas which are considered crucial for business, such as paying taxes, enforcing contracts, starting a business or obtaining loans. According to the results contained in the most recent edition of the Doing Business 2015 report, Poland placed 32nd (out of 189 countries in total) in the overall ranking concerning the ease of doing business. Taking into account the annual change in methodology and data update, it means a drop by 2 places compared to the report from 2014. Much like in the previous edition of the ranking, our country placed highest in the "ease of getting credit" category (17th – a drop by 3 places compared to 2014). Poland also placed relatively high with regard to insolvency law (32nd place – a drop by 2 positions) and protecting minority investors (35th place – no change). Poland has recorded the biggest improvement (by 5 positions) with respect to procedures related to trading across borders (41st place). A lower score compared to the previous year was recorded with regard to access to electricity116. The evaluation of such factors as: time required to complete the relevant procedures (161 days compared to 77 days on average in the OECD), number of procedures (3 compared to 4.7 in the OECD) and their cost (20.8% of income per capita , i.e. 3.5 times lower than in the OECD), resulted in Poland attaining the 64th position. In the “starting a business” category, Poland dropped by 5 positions and placed 85th. The low grade earned resulted from the number of days which, according to the findings presented by the authors, must pass before one can start a business (30 days compared to an average of 9.2 in OECD countries) and costs (12.9% of the income per capita compared to 3.4% in OECD countries). Among all EU-13 countries, Lithuania, Slovenia and Estonia have received the highest scores in this regard (11th, 15th and 26th position, respectively). 115International 116It Finance Corporation. refers to a fixed electrical connection obtained by an enterprise for a newly-built warehouse. 130 Entrepreneurship in Poland With regard tothe enforcement of contracts, Poland has improved by 2 positions and currently holds the 52nd place. According the calculations of the report’s authors, even as recently as in 2012 the period of time necessary to enforce contracts amounted to 830 days. A year later this period has decreased to 685 days (compared to an average of 539 days in OECD countries). EU-13 countries that received the highest scores in this regard are Lithuania and Latvia (14th and 16th position, respectively), while the highest scores among all EU countries were noted by Luxembourg (1st) and Germany (5th). In terms of the "ease of paying taxes", Poland has dropped by 6 positions: from 81st to 87th place. Only 6 EU countries were placed lower, i.e.: Hungary, Bulgaria, France, Slovakia, the Czech Republic and Italy. According to the estimates of the report's authors, an entrepreneur who would be willing to comply with Polish tax regulations would need to make a total of 18 payments per annum (compared to an average of 11.8 in OECD) and spend a total of 286 hours for this purpose (compared to 175 hours in OECD). However, the total interest rate is lower compared to the OECD average (38.7% vs 41.3%). Among EU-13 countries, Latvia (24th position), Malta (26th), Estonia (28th) and Croatia (36th) placed highest in this regard. Despite a significant decrease in the time required to register the ownership right to property (currently – 33 days), Poland's position did not change (39th place). The time and number of procedures required to register property may still be improved even further, while the cost of registration is several times lower than the OECD average. In the previous edition of the ranking, Poland recorded the biggest improvement (up by 16 positions) in the “dealing with construction permits” sub-ranking. In this year's ranking, Poland recorded a slight drop and holds the 137th position, making it the category in which Poland received the lowest rank. Despite the very low costs of obtaining a permit – compared to the average of OECD countries (0.3% vs. 1.7% of the value of warehouse being constructed – the number (19) and time (212 days) of required procedures clearly exceeds the OECD average. Chart 30. Ease of doing business ranking Ranking 2014 Ranking 2015 United Kingdom Germany France Spain Lithuania Czech Republic Italy Slovakia Poland 9 13 33 32 24 47 52 35 30 8 14 31 33 24 44 56 37 32 Source: A study by DSA MG on the basis of Doing Business 2015 • Ernst & Young's 2015 European Attractiveness Survey This year’s European Attractiveness Survey marks the 13th edition of the Ernst & Young study. The report contains results of an analysis pertaining, inter alia, to the attractiveness of both Europe and its competitors assessed by a panel consisting of 808 foreign investors. Similarly to the previous year, Poland was deemed the most attractive in terms of investments among all Central and Eastern European countries. Our country was chosen by 38% of respondents, which is significantly more than the Czech Republic (14%) and Hungary (10%), which are the second and third most attractive countries on the list respectively. The number of investment projects launched in 2014 (132 – growth by 23%) resulted in Poland placing 1st in the region. At the same time, the number of newly-created jobs has increased by 12%. 15,485 jobs created through those investments enabled Poland to place third in Europe, after the United Kingdom and Russia. 131 Entrepreneurship in Poland The report also mentions the leading position of Poland with regard to service centres providing services to large companies. In 2014, BPO investments constituted 9% of FDI projects, generating nearly 25% of new jobs. Chart 31. Ranking of countries according to the number of jobs created by FDI Ranking 2014 Ranking 2015 United Kingdom Germany France Spain Lithuania Czech Republic Italy Slovakia Poland 1 7 2 6 11 15 3 1 5 4 7 11 9 3 Source: Source: A study by the Strategy and Analyses Department of the Ministry of Economy on the basis of the Ernst & Young's 2015, 2014 European Attractiveness Survey • Global Competitiveness Ranking of the World Economic Forum 2014-2015 The Global Competitiveness Ranking is the key component of the annual report of the World Economic Forum entitled "The Global Competitiveness Report”, drawn up on the basis of an evaluation of the socalled Global Competitiveness Index (GCI) which measures the overall competitiveness of the economy. The index was calculated on the basis of over 100 individual indicators grouped into 12 categories (competitiveness pillars) and assigned to three main sub-indexes (basic requirements; efficiency enhancers; innovations and business sophistication). Some of the individual indicators which formed the basis for evaluation were determined on the basis of the results of a survey performed among entrepreneurs/managers in the period between February and June 2014.117 It was also partially based on data derived from the public statistical information, up to and including 2014. In the latest WEF ranking – GCI 2014-2015 – Poland has dropped by 1 position, ranking 43rd among 144 countries. However, Poland ranks higher than 10 among EU-28 countries: Malta, Italy, Bulgaria, Cyprus, Romania, Hungary, Slovenia, Slovakia, Croatia and Greece. Among the 12 categories analysed, Poland has noted the best results in: market size (19th place – up by 1 position), higher education and training (34th place – up by 3 positions) and financial market development (35th place – up by 3 positions). Poland received the lowest rank with regard to labour market efficiency (79th place – up by one position), innovation (down by 7 positions to the 72nd place), infrastructure (63rd place – up by 11 positions), macroeconomic environment (63rd place – up by 2 positions), and business sophistication (63rd place – down by 2 positions). A survey study among the management defined the biggest barriers to the pursuit of business activity to be: tax regulations (23.2% of answers), restrictive labour market regulations (15.5%), bureaucracy (14.6%), tax rates (11.2%) and access to financing (9.6%). Chart 32. Ranking according to the Global Competitiveness Index (GCI) United Kingdom Ranking 2013-2014 10 Ranking 2014-2015 9 Germany France Spain Lithuania Czech Republic Italy Slovakia Poland 4 5 23 23 35 35 48 41 46 37 49 49 78 75 42 43 Source: Source: A study by the Strategy and Analyses Department of the Ministry of Economy on the basis of the Global Competitiveness Report 2013-2014 and 2014-2015. 117 In Poland, 200 representatives of top management participated in the study in 2014 (the so-called 2nd component). The analysis of results was partially based on data derived from the survey conducted in 2013 (the so-called 1st component). 132 Entrepreneurship in Poland • Index of Economic Freedom 2015 – Heritage Foundation and Wall Street Journal The authors of the annual Index of Economic Freedom ranking evaluate, inter alia, the freedom of economic activity, trade policies, tax burdens, budget policies, labour market policies and level of corruption. In the current edition of the economic freedom ranking, encompassing a total of 178 countries, Poland was ranked 42nd, rising significantly (by 8 positions) for the third consecutive year. At present, Poland is ranked 15th among EU-28 countries. However, in recent years, our country has recorded the biggest rise in the ranking among all European countries. Compared to the 2014 ranking, improvement has been recorded in a total of 5 areas (budget expenditure, fiscal freedom, monetary policy, trade freedom and level of corruption); in one area (business freedom) Poland received lower scores than last year, while the results for the remaining 4 criteria (financial freedom, protection of property rights, labour market, investment freedom) remained unchanged. The highest score was recorded for trade freedom (88.0), monetary policy (82.1), as well as fiscal and investment policies (70.0 in both cases). According to the report’s authors, the economic freedom in Poland is restricted to the greatest extent by: budget policy (47.1). Chart 33. Ranking of economic freedom Ranking 2014 Ranking 2015 United Kingdom Germany France Spain Lithuania Czech Republic Italy Slovakia Poland 14 18 70 49 21 26 86 57 50 13 16 73 49 15 24 80 50 42 Source: A study by the Strategy and Analyses Department of the Ministry of Economy on the basis of the Index of Economic Freedom 2013, 2014. • World Competitiveness Yearbook 2015 – International Institute for Management Development (IMD) The latest World Competitiveness Yearbook prepared by IMD evaluates the competitiveness of 61 countries on the basis of more than 300 detailed criteria. Factors which are taken into account in the course of evaluation include, among others, economic results (economic growth, international trade results, employment, price levels etc.), public finance, fiscal policy, quality of business legislation, efficiency of enterprises (e.g. productivity, financial situation of enterprises, management, innovation), infrastructure (including technical, technological, scientific, healthcare and educational infrastructure). In the current ranking of the most competitive economies Poland has ranked 33rd (down by 3 positions), ahead of 11 EU Member States118. Chart 34. The IMD Ranking Ranking 2014 Ranking 2015 United Kingdom Germany France Spain Lithuania Czech Republic Italy Slovakia Poland 16 6 27 39 34 33 46 45 36 19 10 32 37 28 29 38 46 33 Source: Source: A study by the Strategy and Analyses Department of the Ministry of Economy on the basis of the World Competitiveness Scoreboard 2015. 118With respect to EU-28 countries, Malta and Luxembourg have not been included in the ranking. 133 Entrepreneurship in Poland ANNEX I STATISTICAL TABLES – DATA ON ENTERPRISES Chart 35. Entities of the national economy according to the projected number of employees as well as to selected sections of the Polish Classification of Activities (PKD). Specification a – 31.12.2014 b – dynamics (2013=100) in total mining and quarrying industrial processing electricity, gas and water production and supply construction trade and repairs of motor vehicles transport and storage accommodation and catering information and communication financial and insurance activities real estate market services professional, scientific and technical activities administration and supporting activities public administration and national defence; mandatory social security education healthcare and social assistance activities related to culture, entertainment and recreation miscellaneous service activities 10-49 50-249 250-999 1000 and more total 0-9 and b and b and b and b and b and b and b and b and b and b and b and b and b 4,119,671 101.2 4,661 106.0 371,755 101.3 8,210 105.0 479,680 100.4 1,070,699 99.6 253,191 100.1 128,418 101.5 123,906 105.9 128,544 98.1 224,683 103.0 387,134 104.2 116,979 105.9 3,938,654 101.2 4,068 106.6 336,542 101.4 7,542 105.5 462,143 100.3 1,039,367 99.6 247,518 100.1 122,987 101.4 120,709 106.0 126,484 98.0 221,033 103.0 380,358 104.2 112,486 105.9 146,926 101.0 426 103.6 27,036 100.6 379 102.4 15,426 101.6 27,812 101.1 4,712 102.0 5,096 102.3 2,733 102.9 1,512 103.3 2,924 102.0 5,909 103.0 3,444 106.7 29,610 99.9 122 97.6 6,703 99.4 213 96.4 1,936 98.4 3,131 98.6 760 98.8 293 100.7 385 102.1 444 100.2 653 102.0 720 101.1 804 104.0 3706 99.2 32 103.2 1264 99.1 48 94.1 150 99.3 329 97.9 163 99.4 36 97.3 60 100.0 70 98.6 69 101.5 125 100.0 195 100.5 775 100.0 13 108,3 210 99.1 28 96.6 25 104.2 60 100.0 38 100.0 6 100.0 19 105.6 34 100.0 4 80.0 22 100.0 50 104.2 and 27,065 20,621 3,398 2,603 375 68 b and b and b and b and b 100.1 145,999 101.2 219,211 103.4 72,833 102.2 266,698 105.9 100.1 111,851 101.5 210,512 103.6 69,179 102.3 261,285 106.0 100.1 27,440 100.1 6,474 100.8 3,022 100.7 4,473 101.3 99.9 6,565 100.8 1,656 99.7 599 100.3 796 101.3 100.5 86 96.6 466 99.1 28 100.0 120 97.6 100.0 57 101.8 103 99.0 5 100.0 24 100.0 Source: Structural changes in groups of entities in the national economy entered into the REGON registry, 2014, the Central Statistical Office of Poland, Warsaw 2015. 134 Entrepreneurship in Poland Chart 36 Financial data of enterprises according to ownership sector 2008 all sectors public sector private sector 2,300.9 309.2 1,991.7 all sectors public sector private sector 2,201.8 298.3 1,903.5 all sectors public sector private sector 99.1 10.8 88.3 all sectors public sector private sector 78.5 7.9 70.6 all sectors public sector private sector 4.3 3.5 4.4 all sectors public sector private sector 3.4 2.6 3.5 all sectors public sector private sector 4.2 1.9 4.9 all sectors public sector private sector 77.7 69.8 78.1 2009 2010 2011 revenue on overall activity (PLN billion) 2,322.6 2,451.6 2,791.3 296.2 294.4 311.6 2,026.4 2,157.2 2,479.6 costs of overall activity (PLN billion) 2,206.5 2,319.6 2,650.3 282.5 272.0 283.6 1,924.1 2,047.7 2,366.8 gross financial result (PLN billion) 116.1 131.8 141.0 13.7 22.4 28.1 102.4 109.4 112.9 net financial result (PLN billion) 95.8 109.9 116.6 10.4 18.7 23.4 85.4 91.2 93.2 gross rate of profit (%) 5.0 5.4 5.1 4.6 7.6 9.0 5.1 5.1 4.6 net rate of profit (%) 4.1 4.5 4.2 3.5 6.4 7.5 4.2 4.2 3.8 rate of return of assets (%) 5.0 5.3 5.1 2.3 3.9 4.7 5.8 5.7 5.2 participation of profitable units (%) 77.0 77.8 77.4 70.4 70.3 68.7 77.3 78.2 77.9 2012 2014 2,898.8 310.5 2,588.3 2,916.6 290.0 2,626.6 2,995.7 275.2 2,720.5 2,770.1 290.6 2,479.4 2,782.6 271.5 2,511.1 2,859.6 257.6 2,602.0 128.9 19.9 109.0 134.1 18.5 115.6 136.3 17.6 118.7 107.4 16.2 91.2 114.8 15.6 99.2 115.0 13.7 101.3 4.4 6.4 4.2 4.6 6.4 4.4 4.5 6.4 4.4 3.7 5.2 3.5 3.9 5.4 3.8 3.8 5.0 3.7 4.5 3.1 4.9 4.6 3.1 5.0 4.4 2.6 4.8 76.1 69.7 76.4 77.7 72.4 78.0 79.5 71.4 79.9 Source: Ministry of Economy, based on F-01 report of the Central Statistical Office 135 2013 Entrepreneurship in Poland Chart 37 Revenue and net financial results per one person employed (PLN thousand) 2008 2009 2010 2011 2012 revenue from overall activity per one person employed (PLN thousand) more than employees 10-49 50-249 above 249 9 more than employees 10-49 50-249 above 249 9 more than employees 10-49 50-249 above 249 9 more than employees 10-49 50-249 above 249 9 2013 2014 48,449.1 45,915.1 50,197.2 55,517.7 56,343.3 12,364.3 11,269.5 12,531.7 14,016.9 14,148.3 44,544.5 42,502.4 44,237.1 50,260.1 50,578.1 404,018.1 428,423.4 456,992.1 516,682.4 535,510.4 net financial results per one enterprise (PLN thousand) 56,876.5 14,334.3 51,941.6 536,111.7 57,215.9 14,541.7 53,480.0 529,055.2 1,654.1 1,894.0 2,251.1 2,319.7 2,087.6 513.4 470.9 588.2 254.0 632.0 1,395.9 1,493.6 1,518.7 1,564.8 1,499.0 13,516.1 18,941.7 22,452.2 27,586.8 20,458.2 revenue from overall activity per one person employed (PLN thousand) 2,238.0 542.1 1,796.0 22,465.6 2,195.9 579.0 2,086.6 19,935.6 588.9 619.7 513.2 620.6 589.4 627.5 518.7 614.7 23.2 23.4 17.7 26.0 22.6 24.9 20.2 23.2 461.6 474.5 498.6 565.2 589.7 498.2 476.9 519.6 589.6 608.8 433.6 430.7 433.9 493.9 509.3 467.1 499.6 529.3 597.5 628.5 net financial results per one person employed (PLN thousand) 15.8 20.7 13.6 15.6 19.6 19.9 15.1 22.1 22.4 24.4 14.9 26.0 23.6 10.7 15.4 31.9 Source: Ministry of Economy, based on F-01 report of the Central Statistical Office 136 21.9 27.2 15.1 24.0 Entrepreneurship in Poland Chart 38 Financial data of enterprises according to number of employees 2008 more than 9 employees 10–49 50–249 above 249 2,300.9 366.9 652.5 1281.5 more than 9 employees 10–49 50–249 above 249 2,201.8 348.3 626.9 1,226.7 more than 9 employees 10–49 50–249 above 249 99.2 18.6 25.6 54.9 more than 9 employees 10–49 50–249 above 249 78.6 15.2 20.4 42.9 more than 9 employees 10–49 50–249 above 249 4.31 5.07 3.93 4.29 more than 9 employees 10–49 50–249 above 249 3.41 4.15 3.13 3.35 more than 9 employees 10–49 50–249 above 249 4.23 5.65 4.41 3.81 more than 9 employees 10–49 50–249 above 249 77.7 78.2 76.9 76.3 2009 2010 2011 revenue on overall activity (PLN billion) 2,322.6 2,451.6 2,791.3 360.3 388.6 457.3 662.0 652.3 731.2 1,300.3 1,410.7 1,602.7 costs of overall activity (PLN billion) 2,206.5 2,319.6 2,650.3 342.3 366.9 446.0 633.6 624.9 703.6 1,230.6 1,327.8 1,500.8 gross financial result (PLN billion) 116.1 131.8 141.0 18.0 21.7 11.4 28.5 27.1 27.6 69.6 83.0 102.0 net financial result (PLN billion) 95.8 109.9 116.6 15.1 18.2 8.3 23.3 22.4 22.8 57.5 69.3 85.6 gross rate of profit (%) 5.00 5.37 5.05 5.00 5.58 2.49 4.30 4.16 3.77 5.35 5.88 6.37 net rate of profit (%) 4.13 4.48 4.18 4.18 4.69 1.81 3.51 3.43 3.11 4.42 4.91 5.34 rate of return of assets (%) 5.00 5.30 5.11 5.43 5.93 2.40 4.70 4.56 4.24 5.03 5.42 6.12 participation of profitable units (%) 77.0 77.8 77.4 76.7 77.3 77.1 76.8 77.8 77.8 80.6 81.7 79.6 2012 2014 2,898.8 474.5 747.6 1,676.7 2,916.6 483.8 747.3 1,685.5 2,995.7 509.5 750.9 1,735.3 2,770.1 449.6 721.0 1,599.4 2,782.6 462.7 716.9 1,603.0 2,859.6 486.0 716.8 1,656.8 128.9 24.9 26.6 77.3 134.1 21.1 30.4 82.6 136.3 23.6 34.2 78.6 107.4 21.2 22.2 64.1 114.8 18.3 25.8 70.6 115.0 20.3 29.3 65.4 4.45 5.25 3.56 4.61 4.60 4.37 4.07 4.90 4.55 4.62 4.55 4.53 3.71 4.47 2.96 3.82 3.93 3.78 3.46 4.19 3.84 3.98 3.90 3.77 4.53 5.82 3.93 4.44 4.62 5.05 4.29 4.66 4.36 4.94 4.76 4.06 76.1 75.7 76.2 79.9 77.7 76.7 78.9 83.2 79.5 78.5 81.3 83.1 Source: Ministry of Economy, based on F-01 report of the Central Statistical Office 137 2013 Entrepreneurship in Poland Chart 39 Enterprise debt 2008 more than employees 10–49 50–249 above 249 9 more than employees 10–49 50–249 above 249 9 more than employees 10–49 50–249 above 249 9 more than employees 10-49 50-249 above 249 9 533.2 87.4 140.5 305.3 2009 2010 2011 short-term liabilities (PLN billion) 2013 2014 639.2 110.5 172.6 356.1 662.4 109.4 178.6 374.4 672.2 119.7 179.2 373.3 237.5 248.4 263.1 317.0 325.5 44.5 43.0 47.8 58.9 59.8 59.6 63.7 70.6 75.1 83.0 133.5 141.8 144.8 182.9 182.7 long-term liabilities per one enterprise (PLN thousand) 346.6 54.8 91.7 200.2 414.9 70.0 96.6 248.4 5,001.8 4,910.7 5,387.2 6,304.4 6,326.1 1,499.0 1,344.9 1,540.6 1,806.0 1,781.7 4,067.8 4,086.7 4,785.3 5,164.2 5,615.6 42,079.9 46,705.4 46,899.3 58,967.0 58,354.6 long-term liabilities per one person employed (PLN thousand) 6,759.2 1,622.6 6,371.5 63,670.6 5,387.2 1,997.3 6,879.1 75 725.3 70.0 70.1 62.9 73.7 81.6 86.2 66.7 88.0 47.7 60.4 39.6 48.6 522.4 571.0 644.1 82.6 97.0 118.0 148.3 151.3 172.1 291.5 322.7 354.0 long-term liabilities (PLN billion) 2012 50.7 56.9 41.4 54.5 53.5 63.9 46.9 54.3 64.2 76.0 50.7 68.2 66.2 76.7 56.5 68.5 Source: Ministry of Economy, based on F-01 report of the Central Statistical Office Chart 40 Indices characterising the indebtedness of economic entities 2008 more than employees 10–49 50–249 above 249 9 more than employees 10–49 50–249 above 249 9 more than employees 10–49 50–249 above 249 9 more than employees 10–49 50–249 above 249 9 2009 2010 2011 debt index (liabilities/assets) 2012 2013 2014 0.41 0.49 0.43 0.39 0.40 0.45 0.43 0.38 0.40 0.47 0.45 0.37 liabilities/equity 0.42 0.51 0.46 0.38 0.41 0.47 0.45 0.37 0.41 0.45 0.45 0.38 0.41 0.46 0.45 0.39 0.77 0.78 0.89 0.99 0.83 0.93 0.72 0.68 long-term liabilities/equity 0.85 1.20 0.97 0.73 0.80 0.98 0.95 0.71 0.79 0.92 0.92 0.72 0.82 0.96 0.93 0.75 0.27 0.31 0.31 0.25 0.31 0.35 0.32 0.30 0.22 0.31 0.23 0.19 0.25 0.36 0.24 0.23 0.81 1.03 0.83 0.75 0.25 0.25 0.25 0.28 0.27 0.35 0.31 0.33 0.40 0.34 0.25 0.25 0.30 0.30 0.31 0.23 0.24 0.21 0.25 0.24 long-term liabilities/revenues from sale of basic products and services 0.18 0.19 0.19 0.20 0.20 0.33 0.33 0.33 0.35 0.34 0.19 0.19 0.21 0.20 0.21 0.16 0.17 0.16 0.18 0.18 Source: Ministry of Economy, based on F-01 report of the Central Statistical Office 138 Entrepreneurship in Poland Chart 41 Financial liquidity ratios 2008 2009 more than 9 employees 10–49 50–249 above 249 1.40 1.48 1.49 1.34 more than 9 employees 10–49 50–249 above 249 0.98 1.02 1.03 0.94 more than 9 employees 10–49 50–249 above 249 0.35 0.35 0.34 0.35 2010 2011 liquidity ratio 1.47 1.49 1.48 1.56 1.59 1.49 1.52 1.53 1.48 1.42 1.45 1.47 elevated financial liquidity ratio 1.05 1.08 1.05 1.10 1.16 1.09 1.06 1.07 1.03 1.03 1.06 1.05 high financial liquidity ratio 0.40 0.42 0.40 0.40 0.46 0.42 0.36 0.36 0.33 0.41 0.43 0.42 2012 2013 2014 1.48 1.66 1.52 1.40 1.45 1.62 1.51 1.37 1.52 1.66 1.53 1.46 1.03 1.20 1.05 0.97 1.02 1.16 1.05 0.97 1.08 1.19 1.07 1.04 0.38 0.49 0.35 0.36 0.38 0.44 0.37 0.36 0.42 0.46 0.39 0.41 Source: Ministry of Economy, based on F-01 report of the Central Statistical Office Chart 42 Indicators of export activities 2008 more than employees 10–49 50–249 above 249 9 more than employees 10–49 50–249 above 249 9 more than employees 10–49 50–249 above 249 9 17.0 7.0 12.0 22.0 111.3 2009 2010 2011 share of export sales in net revenues (%) 2012 16.0 18.0 18.0 7.0 8.0 8.0 12.0 13.0 13.0 21.0 22.0 24.0 dynamics of revenues from total activity (%) 112.6 110.8 111.2 100.9 105.6 113.8 98.2 107.8 117.7 101.5 98.5 112.1 101.5 108.5 113.6 export sales dynamics (%) 101.9 101.6 111.6 108.4 104.2 101.0 96.6 106.8 100.7 109.1 105.8 113.2 118.6 126.8 115.1 119.0 2014 19.0 8.0 15.0 24.0 20.0 9.0 16.0 25.0 20.0 10.0 16.0 25.0 103.8 103.7 102.2 104.6 100.6 101.2 99.9 100.5 102.7 105.3 100.5 102.9 107.2 103.3 116.9 107.3 106.2 118.3 107.5 105.2 104.7 106.2 101.5 105.4 Source: Ministry of Economy, based on F-01 report of the Central Statistical Office 139 2013 Entrepreneurship in Poland Chart 43 Investment activity of enterprises employing more than 9 employees 2008 2009 2010 2011 2012 2013 value of investment outlays (in PLN billion)1 more than 9 employees 133.1 118.7 113.9 127.5 124.7 129.1 0–49 17.3 15.2 15.3 17.1 15.3 14.6 50–249 29.6 26.0 25.3 28.7 27.1 30.0 above 249 86.1 77.6 73.3 81.7 82.3 84.6 value of investment outlays per 1 enterprise (in PLN thousand) more than 9 employees 2,801.8 2,347.4 2,332.7 2,535.1 2,424.0 2,517.9 10–49 583.7 476.1 494.1 522.8 455.3 431.4 50–249 2,021.5 1,667.0 1,717.8 1,970.4 1,835.5 2,084.4 above 249 27,152.6 25,552.6 23,736.9 26,348.4 26,288.9 26,899.3 investment outlays per one person employed (PLN thousand) more than 9 employees 26.7 24.3 23.2 25.8 25.4 26.1 10–49 23.5 20.1 20.5 22.0 19.6 18.6 50–249 19.7 16.9 16.8 19.4 18.5 20.6 above 249 31.4 29.8 27.5 30.5 30.9 31.1 ratio of investment outlays to revenue from sale of basic products and services (in %) more than 9 employees 10.36 9.26 8.34 8.19 7.7 8.0 10–49 12.86 11.58 10.64 10.20 8.7 8.1 50–249 9.44 7.88 7.56 7.73 6.9 7.6 above 249 10.30 9.45 8.27 8.02 7.9 8.2 share of investment outlays in financial surplus more than 9 employees 0.78 0.62 0.55 0.57 0.56 0.56 10–49 0.69 0.61 0.54 0.85 0.44 0.47 50–249 0.72 0.57 0.57 0.61 0.56 0.58 above 249 0.82 0.65 0.55 0.52 0.59 0.57 share of investment outlays in depreciation more than 9 employees 1.91 1.62 1.50 1.58 1.45 1.46 10–49 2.87 2.36 2.18 2.24 1.86 1.73 50–249 2.03 1.61 1.56 1.67 1.48 1.59 above 249 1.76 1.53 1.39 1.46 1.38 1.39 2014 146.1 15.9 31.2 99.0 2,789.5 452.7 2,222.8 30,177.3 28.7 19.5 21.6 35.1 8.8 8.2 7.7 9.3 0.62 0.46 0.56 0.68 1.57 1.72 1.60 1.54 Source: Ministry of Economy, based on F-01 report of the Central Statistical Office Chart 44 Number of entities employing more than 9 employees and the number of employees 2008 more than 9 employees 10–49 50–249 above 249 more than 9 employees 10–49 50–249 above 249 more than 9 employees 10–49 50–249 above 249 2009 2010 2011 2012 number of business entities examined 47,491 50,585 48,839 50,277 51,449 29,671 31,974 31,007 32,627 33,536 14,648 15,576 14,745 14,548 14,782 3,172 3,035 3,087 3,102 3,131 number of persons employed 4,985,053 4,895,073 4,916,471 4,938,733 4,915,414 736,428 755,646 747,761 775,680 779,367 1,504,949 1,537,021 1,503,426 1,480,406 1,468,112 2,743,676 2,602,406 2,665,284 2,682,647 2,667,935 number of persons employed per one enterprise 105.0 96.8 100.6 98.2 95.5 24.8 23.6 24.1 23.8 23.2 102.7 98.7 101.9 101.8 99.3 865.0 857.5 863.4 864.8 852.1 Source: The F-01 report of the Central Statistical Office 140 2013 2014 51,280 33,748 14,388 3,144 52,358 35,037 14,041 3,280 4,952,889 780,683 1,456,350 2,715,856 5,082.495 811,971 1,447,572 2,822,952 96.6 23.1 101.2 863.8 97.1 23.2 103.1 860.7 Entrepreneurship in Poland Chart 45 Number of active enterprises in years 2008-2013 (in thousands) in total less than 10 persons employed 10 10–49 50–249 above 249 2008 1,788,336 1,714,789 54,262 16,078 3,207 2009 1,673,527 1,604,417 50,189 15,808 3,113 2010 1,726,663 1,655,064 52,591 15,841 3,167 2011 1,784,603 1,710,598 54,999 15,817 3,189 2012 1,794,943 1,719,187 57,071 15,484 3,201 2013 1,771,460 1,693,785 59,128 15,329 3,218 Source: Central Statistical Office of Poland: Activity of non-financial enterprises in 2013 (and earlier). Chart 46 Average gross monthly remuneration in enterprises in years 2008–2013 (PLN thousand) in total less than 10 persons employed 10–49 50–249 above 249 2008 2,987 1,729 no data available 3,107 3,699 2009 3,139 1,879 no data available 3,242 3,850 2010 3,300 2,006 no data available 3,363 4,012 2011 3,481 2,059 no data available 3,568 4,255 2012 3 628 2,172 no data available 3,706 4,430 2013 3,761 2,210 no data available 3,850 4,563 Source: Central Statistical Office of Poland: Activity of non-financial enterprises in 2013 (and earlier). Chart 47 Revenues, costs, income and investment outlays in enterprises (nominal values) in total less than 10 persons employed Total revenues in PLN billion 10–49 50–249 above 249 in total less than 10 persons employed Total costs in PLN billion 10–49 50–249 above 249 Gross profit PLN billion in total less than 10 persons employed 10–49 50–249 above 249 Investment outlays in PLN billion in total less than 10 persons employed 10–49 50–249 above 249 2008 3,088 2009 3,079 2010 3,297 2011 3,666 2012 3,763 2013 3,793 662 449 692 1,284 2,896 699 417 657 1,306 2,872 719 449 689 1,439 3,046 761 520 769 1,616 3,425 762 555 767 1,679 3,542 780 562 765 1,686 3,550 577 420 663 1,235 no data available no data available no data available no data available no data available 157 614 393 625 1,239 618 420 649 1,358 665 501 738 1,521 674 523 736 1,607 681 531 730 1,608 256 291 298 275 294 105 121 114 106 118 30 34 36 39 41 39 46 41 40 43 81 143 89 141 107 161 90 154 93 162 20 18 33 86 22 16 31 75 25 17 29 70 28 19 34 80 24 17 33 80 26 18 34 83 Source: Central Statistical Office of Poland: Activity of non-financial enterprises in 2013 (and earlier). In relation to the data presented in previous charts (derived from the Polgos module and based on the F-01 reports of the Central Statistical Office), the data presented above (the non-financial entities group) do not extend to section A (Agriculture, forestry, hunting and fishery) and section K (Financial and insurance activity); section P (Education) is included, with the exception of higher education. 141 Entrepreneurship in Poland ANNEX II IMPLEMENTATION OF THE SMALL BUSINESS ACT IN POLAND IN 2014 I. Implementation of SBA priority areas on the central level One of the priorities of the Polish economic policy is to provide optimum opportunities for the operation, development and competitiveness of small and medium-sized enterprises. The main strategic document at the EU level, determining the SME policy framework is the Communication entitled “Think Small First. A Small Business Act for Europe”, COM(2008) 394. It builds on the achievements of the policies of the EC and Member States, and creates a new policy framework which integrates the existing instruments of enterprise-related policies and modern policies concerning SMEs. SBA determines, inter alia, the principles of support and measures to support SMEs at every stage of their life cycle within the following ten priority areas which should be covered by the intervention: 1. establishment of conditions in which entrepreneurs can thrive and entrepreneurship is rewarded (see below – priority area I); 2. ensuring that honest entrepreneurs facing bankruptcy are quickly given a second chance (see below – priority area II); 3. development of regulations according to the “Think Small First” principle (see below – priority area III); 4. ensuring appropriate response of public administration authorities to the needs of SMEs (see below – priority area IV); 5. adjustment of the instruments of implemented policies to the needs of SMEs: facilitating the participation of SMEs in public procurement procedures and making use of the possibilities of state aid for SMEs (see below i priority area V); 6. facilitating access of SMEs to financing and development of legal and business environment with respect to the execution of timely payments in commercial transactions (see below – priority area VI); 7. supporting SMEs in making better use of the opportunities offered by the Single Market (see below = priority area VII); 8. supporting the upgrading of skills in SMEs and all forms of innovation (see below = priority area VIII); 9. enabling SMEs to turn challenges related to environmental protection into new development opportunities (see below – priority area IX); 10. encouraging SMEs to benefit from access to markets and providing relevant support (see below – priority area X). The SBA programme creates a new framework for the entrepreneurship policy which integrates existing support instruments, focusing in particular on the creation of a modern SME policy. One of the key preconditions for the effective implementation of the SBA objectives is the regular monitoring of the activities performed according to a specific methodology for collecting information. In order to determine the effectiveness and progress of implementation of measures in individual SBA priority areas in Poland, information was collected on the ongoing as well as planned SBA initiatives. Information presented in the following chapter includes the measures initiated and implemented in individual SBA areas during the period between July 2014 and June 2015. It should be emphasised that, apart from the actions described below, support schemes/measures initiated in the previous years were functioning in Poland simultaneously. 142 Entrepreneurship in Poland In order to determine the effectiveness and progress of implementation of measures in individual SBA priority areas in Poland, information was collected on the ongoing SBA initiatives on the domestic level. SBA Priority Area I – Entrepreneurship Entrepreneurship is an important factor in social and economic life, which is why it is so vital to create good conditions for entrepreneurs, e.g. by promoting the interest in entrepreneurship. In order to improve the image of entrepreneurs and promote entrepreneurship in the Polish society, during the reporting period a number of changes were made to the provisions of applicable tax laws which have an impact on the pursuit of economic activity and the development of entrepreneurship: Income taxation 1) Pursuant to the act dated August 29, 2014 amending the act on corporate income tax, the act on personal income tax and certain other acts (Dz. U. [the Journal of Laws] items 1328 and 1478): a) On November 3, 2014, the provisions amending the act on CIT and the act on PIT came into force; these provisions introduce a solution which involves the deferral of the tax on in-kind contribution provided to companies, inter alia, by higher education institutions, research institutions as well as natural persons (creators of innovation) in the form of intellectual property (such as patents, copyrights, know-how) for a period of 5 years from the date of acquisition of shares (stock) provided in exchange for such contribution. b) On January 1, 2015, the provisions amending the act on CIT entered into force which pertain to the inclusion in the tax deductible expenses of interest on loans granted by affiliated entities (provisions on insufficient capitalisation), including, inter alia, through the replacement of the existing debt-to-share capital ratio with a debt-to-taxpayer’s equity ratio. At the same time, a new method for the calculation towards tax deductible expenses of interests on the loans granted to the taxpayer was introduced into the act on corporate income tax (CIT), forming an alternative to the existing regulations on insufficient capitalisation; the taxpayer now has the right to choose the method limiting the amount of interest calculated towards tax deductible expenses. c) On January 1, 2015, provisions on the so-called controlled foreign company were introduced into the act on PIT and the act on CIT, allowing for the taxation of income of a Polish tax resident derived from the activities of the said resident’s controlled foreign company. The aim of the regulations in question is to counteract the phenomenon of tax evasion in Poland, effected through the establishment of subsidiaries based in countries (territories) in which no tax is payable on the given category of revenues or in which such revenue is subject to tax, albeit on a particularly preferential basis. d) On January 1, 2015, the provisions of the acts on the CIT and PIT pertaining to transfer prices were amended through the introduction of a regulation which makes it possible to make an adjustment to the income tax payable by a taxpayer due to a domestic transaction where the income obtained by the said taxpayer from such transaction has been allocated, in whole or in part, to another domestic entity which has links to the taxpayer in question. e) On January 1, 2015, the income of groups of agricultural producers and associations thereof as well as fruit and vegetable producers can no longer be estimated by tax authorities on the basis of art. 11 of the act on CIT and on the basis of art. 25 of the act on PIT. The above exclusion applies to the possibility of estimating the income from the disposal (for valuable consideration) of goods produced at the farms of members of a group of agricultural producers to the group itself. In this regard, the taxpayers shall be released from the obligation to draw up tax documentation pertaining to transfer prices with regard to such transaction, the reason for this being the specific nature of the activities performed by such groups and by 143 Entrepreneurship in Poland members thereof, including, in particular, with regard to the objectives due to which such groups are established, which are laid down in the act on groups of agricultural producers. f) On January 4, 2015, the provisions governing the application of residence certificates without a specified validity period (i.e. including only the date of issue) entered into force; the certificates in question shall now be deemed to have a 12-month validity period. 2) Pursuant to the act of 7 November 2014 on facilitating business activity (Dz. U. [the Journal of Laws] item 1662) – the so-called 4th deregulation act, on January 1, 2015, the following changes were made to the act on PIT and the act on CIT: a) The current system for the determination of the amount of revenue on the use of company cars for private purposes by employees was replaced by a lump-sum system based on the following assigned values of the benefits in question: PLN 250 per month for motor vehicles with an engine capacity of up to 1600 cm3 or PLN 400 per month for motor vehicles with an engine capacity of more than 1600 cm3 (the act on personal income tax (PIT)). b) Income tax is also no longer applicable to the benefits obtained by employees in the form of taking advantage of transportation (by bus – within the meaning of the road traffic act) to his or her workplace arranged by the employer (the act on PIT). c) Simplified rules on tax settlement for entrepreneurs were introduced with respect to cases where the receipt of advance payments is registered using a cash register service; the taxpayers can now choose the form of the settlement of payments applied against the delivery of goods and services which are delivered at a later date (until now, payments of this type were not classified as revenue as at the day of receipt thereof). Following the introduction of the changes referred to above, taxpayers may choose to include such payments among taxable revenues (the acts on the CIT and PIT). 3) On May 26, 2015, the Council of Ministers adopted the draft act amending the acts on personal income tax and the act on corporate income tax. The draft act provides for the introduction of regulations pertaining to the calculation towards tax deductible expenses of costs incurred for the purposes of establishment of a nursery (children’s club or kindergarten) at the workplace; this shall only apply to such part of the amount in question which has not been reimbursed (financed) to the taxpayer in any form whatsoever. Furthermore, the amounts which can be calculated towards tax deductible expenses shall also include limited expenses in the amount which does not exceed PLN 400 a month per one child, borne by a taxpayer in connection with the operations of a nursery (children’s club) established at the workplace (or PLN 200 in case of a kindergarten) as well as in connection with the additional payments in the above amounts made for the benefit of those employees whose children attend an institution other than the ones specified above; this shall only apply to the parts of the above amounts which are borne by employees and which are not financed from other sources (such as the Employee Benefit Fund). The costs incurred in connection with the establishment and maintenance of a company-affiliated nursery, children’s club or kindergarten shall be calculated towards tax-deductible expenses subject to the general regulations applicable to the costs of this type, i.e. the rules on depreciation as well as on the exclusion of specific types of costs from tax-deductible expenses. In addition, benefits which are not financed by the Employee Benefit Fund and which are provided by the employer to an employee in connection with the services of a daytime caretaker to whom the employees entrust the care of their children, or in connection with the attendance of such children to a nursery (children’s club) in the amount of PLN 400 (or PLN 200 in case of a kindergarten) shall also be exempt from personal income tax. The same will also apply to benefits received from the Employee Benefit Fund which are linked to the kindergarten attendance of the children of individuals entitled to such benefits. At the present stage, the exemption in question only applies to the benefits related to sending children to nurseries and children’s clubs. 144 Entrepreneurship in Poland During the session of the Sejm held on June 11, 2015, the first reading of the draft took place; the draft was then sent to the Public Finance Committee for examination. The date of entry into force of the proposed solutions is 1 January 2016. Value-added tax The act of November 7, 2014 on the facilitation of business activity (Dz. U. [the Journal of Laws] item 1662) amends the provisions of the act on value-added tax through the introduction of facilitating measures in the form of the settlement of VAT on the import of goods directly in the income statement in case of taxpayers having the status of an authorised economic operator who engage in the import of goods, acting in their own name and on their own behalf or for and on behalf of whom a customs declaration is being filed by a direct representative within the meaning of customs regulations. These facilitating measures make it possible to make VAT settlements with respect to all the goods imported by taxpayer having an AEO status directly in their income statements, without the need to pay the tax to the customs office, provided that the relevant taxpayer satisfies the conditions laid down in the act. The changes in this regard entered into force on January 1, 2015. Furthermore, pursuant to the act of December 25, 2014, amending the act on value-added tax and the Tax Ordinance (Dz. U. [the Journal of Laws] item 1171), in connection with the implementation of art. 5 of the Council directive 2008/8/EC dated February 12, 2008, amending the directive 2006/112/EC with respect to the location of the provision of services (Official Journal of the European Union L 44 dated 20.02.2008, p. 11), a special, streamlined procedure for the settlement of VAT (the so-called mini one stop shop – MOSS) was introduced with respect to the location of the provision of telecommunications, broadcasting and electronic services provided to final consumers (non-taxpayers) located within the European Union. The MOSS procedure significantly reduces administrative burdens related to the need to register, to submit declarations and to pay taxes in every Member State in which the final consumer is located. Date of entry into force – January 1, 2015. Local taxes In accordance with the provisions of the act of January 12, 1991 on local charges and taxes (Dz. U. [the Journal of Laws] for 2014, item 849, as amended.), a new support programme in the form of exemptions from the real estate tax and the motor vehicles tax was defined in the regional of the Council of Ministers dated January 9, 2015 on the conditions for the granting of exemptions from the real estate tax and the motor vehicles tax which form regional investment aid, aid granted for the purposes of the preservation of culture and national heritage, aid granted in connection with sports infrastructure and multi-purpose recreational infrastructure as well as aid granted in connection with local infrastructure (Dz. U. [the Journal of Laws], item 174). Date of entry into force of the regulation – 17 February 2015 The act of February 7, 2014 amending the act on value-added tax and certain other acts (Dz. U. [the Journal of Laws], item 312) abolishes – from January 1, 2015 onwards – the requirement for obtaining a certificate which confirms the lack of obligation to pay the value-added tax on the import of vehicles acquired within the territory of a European Union Member State other than the Republic of Poland which are to be approved for road use within the territory of the Republic of Poland (and, as a consequence, also abolishes the obligation to pay the stamp duty on such certificate) by repealing section 11 in part II of the appendix to the Act of 16 November 2006 on stamp duty Dz. U. [the Journal of Laws] for 2015, item 783). Excise duty On September 20, 2014, the amendment of the regulation of the Minister of Finance dated January 7, 2014 on the application of excise marks to products subject to excise duty (Dz. U. [the Journal of Laws] for 2015, item 129) entered into force. Within the framework of the efforts aimed at the modernisation 145 Entrepreneurship in Poland and streamlining of the process of application of excise marks to canned goods, a new excise mark template was introduced in the form of adhesive excise bands for cans which contain wines or spirits. The adhesive excise bands for cans are an alternative method of marking spirit and wine products shipped in cans without the need to submit an application for the designation of the method of application of excise bands to unusual individual types of packaging used for goods which are subject to excise duty. Entities which apply adhesive excise bands to goods which are subject to excise duty are under no obligation to submit an application to the competent head of the customs office for the designation of the manner in which the excise bands are to be applied to unusual, individual types of packaging, which makes it possible to save time and reduce the costs which would otherwise have been incurred in connection with the submission of the application referred to above. On December 9, 2014, the amendment of the regulation of the Minister of Finance dated February 24, 2009 on the specimens of documents confirming the payment of excise duty within the national territory on cars acquired in intra-community transactions or the absence of the obligation to pay such excise duty (Dz. U. [the Journal of Laws] no. 32, item 248, as amended.). As a result of the changes introduced by the said regulation, the ZEFIR system has begun its operations, allowing the confirmation of the payment of the excise duty on a car acquired by way of an intra-community transaction to be obtained from a dedicated website (electronic confirmation of the payment of excise duty on cars acquired in intra-community transactions). As a result, the relevant entities no longer need to apply to the head of the customs office for the issuance of a confirmation and may print such documents on their own, having downloaded it from the website. Once it is printed out, the document in question forms the basis for the registration of the vehicle in accordance with the provisions on road traffic. On November 7, 2014, the Sejm of the Republic of Poland adopted the act on the facilitation of business activity (Dz. U. [the Journal of Laws] item 1662), which amends, inter alia, the act of December 6, 2008 on excise duty (Dz. U. [the Journal of Laws] for 2014, item 752 as amended.). The act in question entered into force on January 1, 2015 and resulted in the simplification of the trade in heating oil and introduced the so-called Binding Excise Information. The Binding Excise Information, modelled after the Binding Tariff Information in customs law, makes it possible for entities pursuing business activities which involve cars or goods to which excise duty applies to obtain, upon request, binding information pertaining to the tariff classification or type of goods to which excise duty applies from the competent tax authority. This solution will ensure a grater degree of confidence in the course of doing business for entrepreneurs insofar as the possible applicability of the excise duty to the given car or product is concerned and will also make it easier for economic operators who have obtained Binding Excise Information to cooperate with tax authorities. With respect to the provisions pertaining to the trading in heating oil, the aforementioned amendment introduces a number of changes which are listed below. a) All entities which engage in the trade in heating fuels may now use declarations forming part of periodical contracts concluded between the vendor and the purchaser in lieu of the previously applicable declarations on the intended use of heating fuels. b) Reduction of the scope of data which must be included in monthly summaries of declarations of the purchasers of heating oil acquired for heating purposes, submitted by the vendors of heating oils to the competent heads of customs offices. c) The application with respect to heating fuels of a higher excise rate as applied to some types of fuel for motor vehicles shall only be possible when the conditions pertaining to declarations on the intended use of the fuels purchased for heating purposes are not complied with and when, at the same time, it is determined in the course of tax proceedings, control proceedings or tax audit that the fuels have been used for purposes other than heating or when it proves impossible to determine who was the purchaser of the fuels in question. This will allow for every case to be examined on an individual basis and for the rates applicable to fuels used for propulsion not to be applied where the given entity has failed to comply with the provisions on the relevant declarations but the fuel in question was used in accordance 146 Entrepreneurship in Poland with its intended use, i.e. for heating purposes. d) The so-called “punitive” rates shall no longer apply in cases where the monthly summary of declarations on the intended use of heating oil for heating purposes are submitted late or are not submitted at all by the taxpayer to the competent head of the customs office. On January 8, 2015, the act of November 28, 2014 amending the act on excise duty (Dz. U. [the Journal of Laws] for 2015, item 18), which mends the act on excise duty by introducing an exemption from excise duty applicable to cars which constitute specialist means of sanitary transport designed for healthcare purposes, if they remain compliant with the technical and qualitative requirements specified in the Polish Norms implementing the European harmonised norms, i.e. rescue ambulances (type B) and mobile intensive care units (type C). The exemption of the aforementioned specialist means of sanitary transport makes it possible to reduce financial burdens placed on healthcare entities which engage in the performance of healthcare activities and is consistent with the expectations of society in this regard. The remaining activities aimed at the implementation of priority area I of the SBA are presented below. The Ministry of Finance, being aware of the problem posed by the excessively high financial burdens placed on payment service offices (the so-called cash windows) with respect to payments made by such entities for the purposes of covering the costs of supervision, submitted the draft regulation of the Prime Minister on payments to cover the costs of supervision of payment service offices for external consultations and public consultations on May 29, 2015. The primary objective of the aforementioned draft regulation is to reduce the rate applied in the course of calculation of the amounts to be paid by payment service offices for the purposes of covering the costs of supervision, from the level of 0.025% to the level of 0.003% of the value of payment transactions conducted in the given year. It is worth mentioning that the regulation of the Prime Minister on payments to cover the costs of supervision of payment institutions and charges for certain activities of the Polish Financial Supervision Authority dated December 8, 2014 (Dz. U. [the Journal of Laws] for 2014, item 1776) came into force on December 11, 2014. The regulation in question introduces a twofold decrease of the amounts of payments collected from domestic payment institutions which engage solely in the provision of money order services and intended to cover the cost of supervision by the PFSA. Furthermore, on July 9, 2015, the Sejm of the Republic of Poland adopted the act amending the Tax Ordinance and certain other acts (Sejm file no. 3462) which amends, inter alia, art. 60 § 1 of the Tax Ordinance, which makes it possible to pay taxes at a tax office using payment cards. At the present stage, the act awaits for the amendments introduced by the Senate to be examined. The Ministry of Finance backed the initiative of individual deputies, allowing for the enactment by the Sejm of the act of November 28, 2014 amending the act on payment services which defines the maximum levels of the interchange fee at 0.2% of the transaction value for debit cards and 0.3% of the transaction value for credit cards as well as payment cards other than credit or debit cards. The interchange fee is the main component of the fee which merchants remit to banks via acquirers in connection with payments made by payment cards. The reduction of the primary component of the fee collected in connection with credit and debit card payments should form an incentive for a more widespread acceptance of payment cards by all those merchants which have hitherto refrained from offering this payment option to their customers. At the same time, the handling costs related to cashfree transactions borne by those merchants who already offer that option will also go down. 147 Entrepreneurship in Poland An important initiative related to the promotion of entrepreneurship is the Women’s Loan Fund established by the Polish Agency for Enterprise Development. During the relevant reporting period, works were underway on the implementation procedures; a call for applications was also made and the process of the submission of applications for loans has begun. However, it has to be noted that due to the list of expenses which may be financed, which does not include, inter alia, goods (in the accounting sense of the term) as well as the target audience of the fund (women who intend to start a business), there is a risk that the number of persons interested in applying for aid will remain at a low level (an amendment of the provisions of the regulation would be required in order to ensure a change in this regard). Furthermore, the fact that the scope of implemented projects is limited to the districts with the highest levels of registered unemployment restricts the access to financing in the form of a loan of a broader group of women who might otherwise have been interested in the instrument in question. The pilot nature of this instrument makes it possible to introduce changes which could make the process of the granting of support more efficient. The question of changing the territorial scope of this instrument was the subject of numerous comments submitted to the PAED, both during direct talks with women entrepreneurs, during meetings aimed to promote the instrument in question as well as by telephone or e-mail.119. The “First Business – Support at the Start” programme also constitutes an important measure in the presently discussed area. The aim of the programme is to ensure the development of entrepreneurship through low-interest loans granted to start-up companies. The programme is intended to bolster the development of entrepreneurship and to create the conditions conducive towards job creation by granting loans on preferential terms, the said loans being intended to allow for the commencement of economic activity and to create jobs for the unemployed. The pilot programme is being conducted from December 2013 in three provinces: the Mazowieckie province, the Świętokrzyskie province and the Małopolskie province. The Programme is available to graduates of higher education institutions who, within the period of 24 months following the receipt of their diplomas, have been unable to find a job, as well as graduates of secondary schools (within the period of 48 months following graduation or the receipt of a vocational degree) and students of the final years of higher education institutions. The “First Business – Support at the Start” programme is intended to address the problem of unemployment among young people. Support for the most active students and graduates who are willing to embark upon the route of entrepreneurship is a measure which is also intended to prevent such people from emigrating. The programme is implemented on the basis of the proceeds from the sale of shares and stocks referred to in art. 56.3.2 of the act of August 30, 1996 on commercialisation and privatisation held by the State Treasury; the total amount of the proceeds in question is PLN 21.5 million. The maximum amount of the loan for starting a business which may be obtained within the framework of the Programme is the 20-fold amount of the average remuneration applicable as at the day of submission of the application for the loan, while the amount of the loan granted for the purposes of creating jobs for the unemployed is the six-fold amount of the average remuneration applicable as at the day on which the application for loan is submitted. A preferential interest rate is applied to the loans in question – 0.25 of the NBP promissory note rediscount rate; the repayment period may be as long as 7 years. The amendment of the act of April 20, 2004 on the promotion of employment and labour market institutions provides regulations for the new labour market instrument in the form of loans for starting a business and for creating jobs for the unemployed, including those unemployed who were referred by the District Employment Agency in accordance with the “First Business – Support at the Start II” Programme. Within the framework of the second stage of the programme, the scope thereof was extended to the entire country from November 17, 2014; in addition, the group of persons entitled to 119In order to increase the potential for the expenditure of monies allocated to the Women’s Loan Fund, the Polish Agency for Enterprise Development is planning to take actions aimed at extending the territorial scope of the instrument so that covers the entire territory of the Republic of Poland. 148 Entrepreneurship in Poland apply for aid has also been extended and shall no longer be limited to the graduates of educational institutions and students, but will also encompass unemployed persons. The programme involves the support of the development of entrepreneurship and to create the conditions conducive towards job creation by granting loans on preferential terms, the said loans being intended to allow for the commencement of economic activity and to create jobs for the unemployed, including those unemployed who were referred by the District Employment Agencies, as well as the provision of counselling and training services aimed at the individuals who were granted a loan for starting a business. Entrepreneurs, on the other hand, may apply for a loan for the creation of new jobs for the unemployed. The “First Business – Support at the Start II” Programme shall be implemented on the basis of funds allocated from the Labour Fund in the amount of PLN 120 million. SBA Priority Area II – Second Chance. The New Chance Policy (NCP) was adopted on 22 July 2014 by the resolution of the Council of Ministers. The main purpose of the New Chance Policy is to prevent bankruptcies and facilitate relaunching of business activity for those whose earlier businesses have failed. The said objective will be achieved though the following strategic measures: 1. Prevention of corporate crises (early warning systems), 2. Reduction of business liquidation risk (out-of-court and judicial forms of recovery and restructuring), 3. Efficient liquidation of enterprises (judicial forms of restructuring and liquidation), 4. Support in relaunching business activity – the so-called new start. The NCP presents programming-related, institutional, organisational and legislative measures, sets out a time-frame for their implementation and identifies the institutions responsible for the implementation of individual measures relevant to each of the strategic actions. In terms of reducing the risk of bankruptcy of enterprises, measures will be primarily related to the improvement of access to financing for SMEs taking advantage of the possibility of recovery or restructuring of their operations. To this end, there are plans for the notification with the European Commission if a state aid instrument for recovery and restructuring of enterprises from the SME sector. The notification of the aid programme stems directly from the provisions of the New Chance Policy. The legal grounds for the preparation of the programme are contained in the regulation of the Minister of the Treasury dated March 20, 2015 on public aid granted for the purposes of recovery or restructuring of entrepreneurs as well as in the Restructuring Law, which was enacted on May 15, 2015 and shall enter into force on January 1, 2016. The new act provides comprehensive regulations of four types of restructuring proceedings (proceedings on the approval of a composition, accelerated composition proceedings, composition proceedings, remedial proceedings) which facilitate performing effective actions aimed at ensuring the recovery of an entrepreneur, on a level that is adequate to the scale of operations of the given enterprise as well as to the identified difficulties. At the same time, in order to make optimum use of the existing experience, the fundamental part of the current act (the bankruptcy and restructuring law, commonly known as the bankruptcy law) pertaining to liquidation bankruptcy shall remain in force, albeit in a modified form which ensures the greater efficiency thereof. Among the changes introduced, particular emphasis should be placed on the new definition of insolvency, which takes economic factors into account to a greater extent than before, the possibility of declaring bankruptcy coupled with the approval of the method of asset liquidation specified by the debtor as well as the partial abolition of the privileged status of public receivables. Furthermore, the new provisions also contain, inter alia, the following regulations: 149 Entrepreneurship in Poland − a broader application of new technologies – the creation of an online platform for restructuring and liquidation proceedings, − a more informal nature of the proceedings, − the increased scope of rights of active creditors. It needs to be stated that, in the presently discussed area, potential technical difficulties may be linked to the implementation of ICT systems intended to support the new legal solutions, which applies, in particular, to the Restructuring Law which provides for the implementation of the Central Bankruptcy and Restructuring Register by February 1, 2018. SBA Priority Area III – Think small first One of the most burdensome restrictions mentioned by the entities from the SME sector are administrative burdens, which in comparison with the situation of large enterprises are disproportionately high for SMEs. Excessive bureaucracy and high costs of conducting business activity are a common challenge for SMEs. One of the initiatives aimed at solving real social and economic problems, including reduction of the costs of pursuing economic activity and enhancing the competitiveness of the Polish economy, is the “Better Regulations 2015” programme. Within the framework of the optimisation of administrative procedures and the reduction of administrative burdens, legislative efforts were made which involved the implementation of the provisions of the accounting directive (Directive of the European Parliament and of the Council 2013/34/EU dated June 26, 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, hereinafter referred to as “directive 2013/34/EU”, which involved the following actions: • Introduction of simplified accounting procedures for micro-entities120. The facilitating measures aimed at micro-entities include the possibility of preparing significantly abbreviated financial statements (containing basic information presented on the balance sheet as well as the profit and loss account, without the need to prepare the statement of changes in equity or the cash flow account), the exemption from the duty to prepare a report on business activities, the nonapplication of fair value and adjusted acquisition price to the assets and liabilities valuation. It is estimated that the facilitating measures implemented under the act will be available to more than 34 thousand entities annually, which may lead to the reduction of costs related to the preparation of financial statements in the total amount of approximately PLN 17 million. The act entered into force on September 5, 2014 Dz. U. [the Journal of Laws], item 1100) and shall first become applicable to the financial statements drawn up for the financial year ending after the day of entry into force of the present act (i.e. for the 2014 financial year • Introduction of simplified accounting procedures for small entities121, The facilitating measures aimed at small entities will include the possibility of drawing up a simplified balance sheet, profit and loss statement as well as additional information with a limited amount of disclosures, without statement of changes in equity or cash flow account, as well as the exemption from the duty to prepare a report on business activities, on condition that some data must be disclosed by small entities in the form of additional information. In addition, there will be a number of facilitating measures aimed at a broader group of entities with respect to leasing documentation, exemption from 120 Referred to in art, 3.1a and 1b of the act of July 11, 2014 amending the act on accounting (Dz. U. [the Journal of Laws] for 2014, item 1100) 121 Referred to in art, 3.1c and 1d of the act of July 23, 2015 amending the act on accounting and certain other acts (signed by the President of the Republic of Poland on August 12, 2015). 150 Entrepreneurship in Poland the duty to determine the amount deferred tax as well as the application of the provisions on financial instruments. It is estimated that the proposed measures implemented under the act will be available to more than 40 thousand entities annually, which may lead to the reduction of costs related to the preparation of financial statements in the total amount of approximately PLN 61 million. It is worth noting that the regulation of the Minister of Finance dated November 18, 2014 amending the regulation on the control of certain products subject to excise duty (Dz. U. [the Journal of Laws] for November 27, 2014, item 1660) introduces a number of facilitating measures (listed below) pertaining to the control of certain goods subject to excise duty, which shall be applicable from January 1, 2015. • the abolition of the duty of all entities engaged in the manufacture of wine products to notify the head of the customs office of any activities related to the coupage, sweetening and seasoning of wine products (the manufacturers of these products are now released from the duty to notify the head of the customs office of the date and contemplated time of commencement of the aforementioned processes pertaining to coupage, sweetening and seasoning). • the simplification of registry obligations imposed on entities engaged in the manufacture of beer (the amount of data to be included in the revenue and expense ledger for beer has been reduced). It needs to be emphasized that the aforementioned regulations are not aimed exclusively at small enterprises, although they may also apply them in practice, which may have a positive impact on the development of their economic activities. SBA Priority Area IV – Flexible administration Modern and flexible public administration authorities can make an important contribution to the development of business entities belonging to the SME sector. Considerable potential in this respect lies, in particular, in the e-administration solutions. One of the new solutions introduced within the reporting period is the introduction of the possibility of comprehensive bilateral communication with the Patent Office, including the submission of notifications pertaining to the acquisition of exclusive rights to inventions, utility models, industrial designs, trademarks, geographic designations as well as mask works, effected in electronic form via the Electronic Platform for Public Administration Services (ePUAP). The services transferred to the ePUAP platform include the services which make it possible to perform actions using a trusted profile or qualifying electronic signature. Another complex project has been the implementation of a number of applications for customers, integrated with the systems of the Patent Office pertaining to its individual fields of activity, intended to replace the existing services made available via the Online Service Portal of the Polish Patent Office. These include, inter alia, the new search engine for protected objects, which replaces the obsolete “Patent Office Database” application which remained in use since 2003. The aim of the implementation of these services has been the creation of a flexible solution which would make it possible to search a number of databases at once, combined with other services offered by the Patent Office. During the reporting period, the Patent Office of the Republic of Poland has also introduced a state-ofthe-art Industrial Property Protection Information Centre, the aim of which is to ensure the efficient and professional handling of requests submitted both by those individuals or entities who are involved in proceedings conducted by the Office as well as by those who are planning to submit an application. 151 Entrepreneurship in Poland Another significant measure pertaining to the area in question has also been the enactment of the act of June 26, 2014 amending the act on the National Court Register and certain other acts (Dz. U. [the Journal of Laws] for 2014, item 1161), which entered into force on December 1, 2014. The act in question introduces changes intended to streamline the functioning of the “one stop shop” principle with respect to limited liability companies. All entities entered into the National Court Register are now automatically allocated a tax identification number (NIP), immediately after they are included in the Central Register of Entities – the National Register of Taxpayers, using an ICT system which makes it possible to obtain the necessary data from the National Court Register. The disclosure of the NIP number in the National Court Register or in the Central Register and Information on Economic Activity serves as a confirmation of the allocation of the said number to entities entered into the National Court Register or into the Central Register and Information on Economic Activity. The entry into force of the aforementioned provisions led to the reduction of the number of procedures which entities operating on the market had to comply with, related to the commencement of business activities; originally, there were 4 such procedures (application to the National Court Register, application to the Central Statistical Office, application to the Head of the Tax Office and application to the Social Security Institution). Now, there are just two (application to the National Court Register and supplementary application to the Head of the Tax Office). From now on, the data provided by an entrepreneur on a NIP form submitted to the tax office – other than those required for registration in the National Court Register – shall be automatically provided by the tax administration authorities in electronic form to the Social Security Institution and the Central Statistical Office of Poland, without the need for the entrepreneur to take part in this process and to interact with either the Social Security Institution or the Central Statistical Office. From the beginning of 2015 onwards, the tax administration has made is possible for entrepreneurs to take advantage of the service which involves the submission of e-Declaration using the so-called Universal Documents Gateway. The Universal Documents Gateway makes it possible for entrepreneurs who are under an obligation to pay the personal income tax to submit bundled electronic tax statements (PIT-11, PIT, PIT-R, PIT-40). During a single transaction, a taxpayer may upload up to 20 thousand documents, signing them as a bundle with a single electronic signature. This results in a substantial reduction in the amount of necessary time and costs, especially where the given taxpayer employs a large number of individuals. As a consequence of the entry into force of the amendment of the act of January 10, 2014 amending the act on computerisation of activities of entities performing public tasks and certain other acts (Dz. U. [the Journal of Laws] for 2014, item 183), which, among other things, amended the Tax Ordinance (act of August 29, 1997), in August 2014, the tax administration has opened an online tax portal for taxpayers, including entrepreneurs. The taxpayer’s portal is a new, intuitive, functional and user-friendly ICT system of tax administration, designed to help taxpayers comply with their tax obligations. The portal was designed and adjusted to the needs of all users. The section of the portal which is available to all users contains information on individual types of taxes and offers the option to submit income statements in electronic form, as the eDeclarations system forms part of the portal (available at www.e-deklaracje.gov.pl). The portal also contains information on individual types of taxes, a calendar with crucial dates, calculators and search engines, the latter allowing users to search for VAT EU taxpayers, the data contained in the Tax Information System (SIP), Public Benefit Institutions as well as addresses of tax chambers and offices). On January 1, 2015, the regulation of the Minister of Finance dated December 18, 2014 amending the regulation on the manner of submission of statements and applications and the types of signatures they should carry (Dz. U. [the Journal of Laws] for 2014, item 1971). Following the entry into force of the 152 Entrepreneurship in Poland aforementioned regulation, the catalogue of income statements which may be submitted in electronic form by natural persons without the need to use a qualified electronic signature was extended; this applies, in particular, to those natural persons who are under the obligation to pay the personal income tax, including those who pursue business activities. In addition, from July 1, 2015, the tax administration made a new digital service available for entrepreneurs, enabling them to verify whether their counterparties are registered as active taxpayers of the VAT tax. The VAT taxpayer status identification service is available online on the taxpayer’s portal. The service in question makes it possible for users to verify the registration status of an entity with respect to the value-added tax as at the day preceding the day on which the query is made. The information obtained through the service in question may be reproduced in the form of a printout. Within the reporting period, the Customs Service continued its efforts aimed at ensuring the implementation of the project designated as “Implementation of the centralised model for tasks of the customs chambers in the area of finance and accounting” that will involve the centralisation of tasks pertaining to the settlement of state budget income as well as the performance of the duties of the creditor. The centralisation of the tasks referred to above is linked to the fact that the director of a single customs chamber (the Customs Chamber in Cracow) shall now be responsible for the settlement of customs duties the collection of which remains within the scope of responsibilities of the bodies forming part of the Customs Service. The centralisation scheme shall also extend to the designation of the director of a single customs chamber (the Customs Chamber in Szczecin) for the purposes of performing the duties of the creditor. The centralisation scheme is intended to increase the quality of the services rendered in the field of settlement of state budget revenues as well as of the performance of the duties of the creditor, to reduce the costs in the areas referred to above, to simplify and increase the efficiency of the actions taken by entrepreneurs and taxpayers as well as increasing the quality of the actions performed by the Customs Service by ensuring the uniformity and standardisation of the service processes of entities which pursue economic activities which are subject to the control of the Customs Service. The act amending the act on the Customs Service, the act on treasury offices and chambers and certain other acts entered into force on April 1, 2015. At the same time, the regulation of the Minister of Finance amending the regulation of May 15, 2012 on the designation of the Customs Service body responsible for the performance of certain tasks of the Customs Service and on the designation of the territorial scope of the activities thereof is also being prepared for enactment. It also needs to be emphasized that, pursuant to the act of July 25, 2014, amending the act on valueadded tax and the Tax Ordinance (Dz. U. [the Journal of Laws] item 1171), a special, streamlined procedure for the settlement of VAT (the so-called mini one stop shop – MOSS) was introduced with respect to the location of the provision of telecommunications, broadcasting and electronic services provided to final consumers (non-taxpayers) located within the European Union. The MOSS procedure significantly reduces administrative burdens related to the need to register, to submit declarations and to pay taxes in every Member State in which the final consumer is located. In addition, one also needs to mention the act of July 10, 2015 on tax administration (Dz.U. [the Journal of Laws] item 1269). The act in question introduces a taxpayer service and support system the aim of which is to help the tax administration authorities to perform the applicable tax obligations with respect to the situation of a specific taxpayer. This is intended to ensure that more and more people are able to satisfy their tax obligations correctly and voluntarily. It is assumed that the result of the above measures shall be the reduction of the number of errors made by taxpayers and fostering the feeling of security among taxpayers by increasing the level of their tax law awareness. The implementation of the 153 Entrepreneurship in Poland system will involve the enhancement of existing solutions as well as implementation of new ones, in three distinct areas: 1. tax information (tax knowledge management); 2. work standards of the tax administration with respect to the provision of services to taxpayers; 3. supporting taxpayers with respect to their individual cases. The provisions of the new act will enhance the level of trust placed in the tax administration and will make it possible to build a friendly image thereof, which should, in the future, result in a greater willingness among taxpayers to perform their tax obligations in an appropriate manner. For the above reason, service and support dedicated to entrepreneurs shall, in particular, be performed: 1. by maintaining a uniform and universally accessible tax information system as well as by performing activities in the field of information and education, 2. by maintaining an appropriate service centre, 3. through the activities performed by taxpayer’s assistants. SBA Priority Area V – State aid and public procurement SMEs often face barriers related to the access to public procurements. With a view to the broadening of access to information on opportunities connected with public procurements, in 2014, the final stage of the process of the establishment of the E-Catalogues electronic platform, which will enable entrepreneurs to offer their products via this platform. The entire “Electronic Product Catalogue Platform (eCatalogues)”122 project is being implemented by the Public Procurement Office. In 2014, a pilot group was established; following the commencement of the pilot phase, the platform was provided to the group for testing. The „eKatalogi” (https://www.ekatalogi.uzp.gov.pl/ecat/um/default#/) tool is aimed primarily at microenterprises as well as small and medium enterprises, its aim being to attain measurable financial benefits stemming from the free access to customers (public administration institutions), the free participation in public procurement procedures as well as the ability to increase the profits of the company. The eCatalogues make it possible for both the contracting parties and contractors to conduct an electronic procedure for the purchase of products below the threshold of applicability of the Public Procurement law123. The platform encompasses functions and tools for the management of products listed in electronic product catalogues by their providers and allows the contracting authorities to place orders for the products listed. From the standpoint of the provider, the eCatalogues system makes it possible to offer specific products by listing product sheets according to a uniform template for the given product group. The tool comes equipped with a system which makes it possible to provide references once the purchase is complete. The use of the platform is free of charge. The system is based on electronic signatures and may also be accessed using a mobile device such as a smartphone or a tablet. The system is available in two language versions: Polish and English. Furthermore, in June and November 2014, the Public Procurement Office held two inaugural conferences pertaining to the project. In December, the first training courses were held, making it possible for both the contractors and the contracting authorities to become acquainted with the manner in which the platform operates and with the possibilities it offers. In January 2015, the Public Procurement Office held the first call for offers to the eCatalogue, followed by a second call for offers in June 2015. Both calls for offers were announced in the “office furniture” and “office supplies” categories. 122The project is being implemented within the framework of the seventh priority axis of the Operating Programme Innovative Economy – Information Society – Building an Electronic Administration 123 For orders below the threshold of EUR 30 000 for ordinary contracting authorities or EUR 414 000 for contracting authorities in the utilities sector. 154 Entrepreneurship in Poland It needs to be added that in 2014, the Public Procurement Office launched efforts aimed at the implementation of the Public Procurement Digitalisation Plan. The measures applied by the Office within the framework of the Digitalisation Plan are intended to create the legal and organisational basis for conducting fully electronic public procurement proceedings. The activities performed by the Office take into account the obligations imposed on EU Member States under the new directives of the European Parliament and of the Council from February 2014 on public procurement. The activities of the task force appointed by the Chairman of the Public Procurement Office are continued in order to ensure the proper performance of all the tasks necessary for the implementation of the Project designated as „e-Procurement – electronic public procurement”, within the framework of which the e-Procurement platform shall be built, making it possible to conduct public procurement proceedings electronically. The process of communication at every stage of the proceedings shall be electronic. The scope of the Project encompasses the digitalisation of the public procurement proceedings – from the preparation and publication of a public procurement announcement or the submission of an invitation to participate in public procurement proceedings, through the process of making tender documentation available and of the submission and assessment of offers, applications for admission to participate in the proceedings, to the announcement on the award of a public procurement or on the annulment of the proceedings. The public procurement digitalisation project is aimed primarily at contractors – entrepreneurs and natural persons interested in participating in tender proceedings (including SMEs) as well as to the contracting authorities – organisational units which are under an obligation to award public procurements pursuant to the procedures laid down in the Public Procurement Law. The e-Procurement platform shall be available both to domestic contractors and to contractors from other European Union Member States or from other countries who wish to offer their goods, services or construction expertise on the Polish market. In connection with the fact that the Public Procurement Office contemplates participating in a competition for the co-financing of the e-Procurement project within the framework of Measure 2.1 – High accessibility and quality of electronic public services (the Digital Poland Operating Programme), a public presentation of the tenets of the “e-Procurement – electronic public procurement”124 project was held during a conference which took place on April 9, 2015. The conference was aimed at everyone who was interested in the issues related to e-procurement. It should be emphasized that the Polish Agency for Enterprise Development has begun working on the Information Point on International Public Procurement, as recommended by the Ministry of Economy and the Ministry of Foreign Affairs. The purpose of the Information Point is to make it easier for Polish entrepreneurs to access the global public procurement market, including the public procurement proceedings conducted by the European Commission as well as the agencies operating within the United Nations system and also public procurement procedures conducted in various other countries on different continents. The scope of activities of the Information Point is based on three pillars: information, counselling and networking (the full version of the Information Point website shall be available soon at www.mzp.gov.pl). SMEs Additionally – the act of October 11, 2013 on specific solutions related to the protection of jobs (Dz. U. [the Journal of Laws] for 2013, item 1291), which came into force on November 21, 2013, made it possible to apply the funds from the Guaranteed Employee Benefits Fund towards financial 124 In June 2015, the application for the co-financing of the e-Procurement project under the Digital Poland Operating Programme was deemed compliant with the applicable formal requirements and proceeded to the next stage, i.e. substantive assessment. 155 Entrepreneurship in Poland support aimed at the protection of jobs. The act in question is intended to counteract the worsening economic situation in many sectors of the economy, resulting in the declining demand for products and services and the consequent need for entrepreneurs to reduce their employment costs by laying off parts of their workforce. In order to counteract these unfavourable trends on the labour markets, new solutions were devised which are aimed at maintaining the existing level of employment in those enterprises which remain at risk as well as at making it easier for entrepreneurs to become adjusted to the changing market conditions. The act contains solutions which involve the provision of subsidies for the remuneration of employees which are at risk of redundancy, employed by entrepreneurs whose business conditions have suffered a temporary decline, as well as solutions which make it possible for entrepreneurs to take advantage of Labour Fund co-financing of the costs of training for employees who are experiencing the effects of economic stoppage or whose working hours have been reduced. The financial aid provided for in the act is non-reimbursable and shall be granted as a de minimis aid. The act provides for the following situations in which payments may be made to entrepreneurs applying for funding from the Guaranteed Employee Benefits Fund related to the protection of jobs: 1. payments intended to partially cover the remuneration of employees during an economic stoppage, 2. payments intended to partially compensate for the loss of earnings due to the reduction in working time, 3. payments intended to cover social security contributions of employees which would have been payable by the employer in connection with the benefits provided. According to the act, the entrepreneur who concluded an agreement for the payment of benefits for the purposes of job protection may also receive – having received an appropriate request and having concluded an appropriate agreement with the district governor (or mayor of a city with district rights) – funding from the Labour Fund in the amount of 80% of the costs of training undertaken by employees during the period of stoppage or reduction in working hours (which may not exceed 300% of the average remuneration in the preceding quarter, announced by the President of the Central Statistical Office). The employment relationships of employees taking advantage of benefits linked to economic stoppage or reduced working time shall be afforded protection both during the period of receipt of the benefits in question and during the period or periods which follow directly after the period of receipt of such benefits, not longer however than for an aggregate period of 3 months. Furthermore, it needs to be noted that the act of December 19, 2014 amending the act on specific solutions related to the protection of jobs (Dz. U. [the Journal of Laws] for 2015, item 150) introduced solutions which make it possible for entrepreneurs facing temporary restriction on the export of goods to the territories of other countries to take advantage of the aid referred to in the act of October 11, 2013 on specific solutions related to the protection of jobs. All benefits are financed from the Guaranteed Employee Benefits Fund, with the aid provided for under the regulations referred to above being granted in accordance with the conditions for the admissibility of de minimis aid. In years 2015-2016, funds in the amount of PLN 500 million (including PLN 250 million in 2015 and PLN 250 million in 2016) from the Guaranteed Employee Benefits Fund were allocated for the support of entrepreneurs who have suffered losses as a result of restrictions on the export of goods into the territories of other countries. SBA Priority Area IV – Access to Financing. An area which is of particular importance for the implementation of the SBA programme is facilitating access to financing for SMEs. Limits with regard to the financing of projects implemented by SMEs is often cited as one of the major barriers faced by entities in this sector. One of the initiatives intended to protect entrepreneurs against adverse effects of economic downturn are information and promotional activities intended, inter alia, to increase the participation of SMEs in the “Horizon 2020” framework 156 Entrepreneurship in Poland programme for scientific research and innovation (2014-2020), known as the H2020 Programme; the activities in question are conducted by the National Contact Point for Research Programmes of the EU (NCP RP EU) as well as by the National Contact Point for Financial Instruments of the EU Programmes (NCP FI EUP). The activities intended to provide support for entrepreneurs, performed by the National Contact Point for Research Programmes of the EU within the period between July 2014 and June 2015 include the following actions: 1) Promotion and dissemination of information on the H2020 Programme. 2) Organisation of events for SMEs – in 2014, the NCP RP EU co-organised a total of 61 specialised trainings and workshops, including 24 interactive workshops which encompassed the preparation of applications. All training programmes contained elements dedicated to SMEs. The events referred to above attracted about 5000 participants. Furthermore, 8 specialised training courses were dedicated exclusively to the issue of SMEs and access to risk finance. During the first half of 2015, the NCP RP EU, in cooperation with Europe Enterprise Network, organised two National Information Days, while in May and June 2015 it offered 7 free, dedicated events (workshops and seminars) which shall take place in various locations in Poland (SME Information Day in Horizon 2020: SME Instrument and Fast Track to Innovation, Small and Medium Enterprises in Horizon 2020, Possibilities for Enterprise Participation in Horizon 2020, New Horizon for Companies, New Horizons for Your Company – the SME Instrument, What Horizon 2020 Can Do for Your SME. 3) Organisation of webinars and streaming of important events for SMEs intended to reach a broad group of SMEs nationwide with professional information on Horizon 2020 for SMEs, including the SME Instrument. In the upcoming months, regular webinars presenting the benefits flowing from Horizon 2020 for SMEs will be presented. Representatives of the NCP also took part in webinars held by other entities, dedicated to the participation of SMEs in the Horizon 2020 Programme (including webinars organised by PwC and Comarch). 4) Individual consultations for SMEs, within the framework of which the experts of the NCP RP EU held 2701 consultations in total in 2014 (including consultations in person, telephone consultations and e-mails) in the field of SMEs and access to risk finance. This accounted for 19% of the overall number of consultations held by NCPs in all areas of the Horizon 2020 Programme. 5) In 2014, a total of 19 applications submitted by SMEs were consulted. 6) In 2014, 5 SMEs were covered by mentoring schemes. The overall number of mentoring activities performed by the NCP RP EU network in all areas of Horizon 2020 was 64. These measures have produced results – their participants have become the beneficiaries of various projects, including, inter alia: Pixel Legend or Connect Plus in Phase I of the SME Instrument. 7) Systemic measures adopted for the benefit of SMEs: a) Cooperation with Enterprise Europe Network: Train-the-Trainer workshops for network experts organised by the European Commission in the field of the SME Instrument, a series of common events organised by both network in order to expand the scope of services offered and increase competences, training programmes for multiplicators, nationwide and regional events dedicated to SMEs – Information Days; development of a common service model for the support and encouragement of SMEs to apply for Horizon 2020 – joint workshops and consultations for enterprises and project applications. b) Cooperation with the Polish Agency for Enterprise Development intended to develop a pattern for obtaining grants. The pattern was implemented and makes it possible for SMEs to apply for the reimbursement of expenses related to the preparation of project applications within the framework of Horizon 2020. SMEs preparing applications in the capacity of coordinators may apply for reimbursement to the level of up to PLN 75,000, while those acting in the capacity of partners may apply for an amount of up to PLN 35,000. 157 Entrepreneurship in Poland c) Increasing the competences of the SME sub-network operating within the framework of Regional Contact Points as well as the unification of the offer with the aim of increasing the participation of SMEs in the Horizon 2020 programme (including model workshops, professional training materials), specialist training courses for members of the SME sub-network. In years 2014-2015, there were 40 dedicated training programmes for the sub-network, intended to raise the competences of consultants within the scope of support offered to SMEs. d) Building a platform for SMEs, including the cooperation with the Polish Patent Office, the National Research and Development Centre, the Ministry of the Economy, the Ministry of Science and Higher Education and the Polish Agency for Enterprise Development. e) Cooperation with multiplicators (including clusters, science and technology parks, business incubators, technology transfer centres) acting for the benefit of SMEs, ensuring the possibility of reaching a large group of small and medium enterprises. f) Activities intended to encourage Polish entrepreneurs to apply for the status of experts tasked with the assessment of application within the framework of the Horizon 2020 programme. g) Reaching those SMEs which have submitted applications in the Horizon 2020 programme and encouraging them to take advantage of free services offered by NCPs as well as by the NCP network. The applicants received letters from the NCP RP EU containing information of the services offered free of charge by the NCP network. Measures aimed at the support of entrepreneurship implemented by the National Contact Point for the Financial Instruments of the EU within the period between July 2014 and June 2015 encompassed the following activities: 1. Surveys of the recipients and beneficiaries of financial instruments. 2. Seminars, meetings and workshops for financial institutions promoting the financial instruments of the EU programmes, including the InnovFin instruments. 3. Website dedicated to financial instruments of the EU programmes: www.InstrumentyFinansoweUE.gov.pl In total, from January 2014 to May 15, 2015: • Representatives of the NCP FI EU participated in 179 events (conferences, training programmes, workshops, seminars) devoted to financial instruments of the EU programmes aimed, inter alia, at research and innovation. • Over 22 thousand entrepreneurs and institutions participated in the events co-organised by the NCP FI EU. As a result of the information and training activities of the NCP FI EUP, a total of 603 financial institutions obtained information on financial instruments of the EU programmes, including 7PR instruments as well as the Horizon 2020 programmes (banks, leasing companies, loan and guarantee funds, venture capital funds). • 41 expert and information and promotional stands pertaining to the financial instruments of the EU programmes (including Horizon 2020) were set up. • A total of nearly 10 thousand consultations and information talks were held, including those provided electronically; the recipients were potential beneficiaries of the EU programmes, including 7PR and Horizon 2020. • A cooperation agreement between NCP FI EUP and the European Enterprise Network in Poland was signed which pertains to the promotion of the financial instruments of the EU, including InnovFin. Furthermore, with respect to the improvement of the access to capital among SMEs, the regulation of the Minister of Economy of June 6, 2014 amending the regulation on financial support granted by the National Capital Fund (Dz.U. [the Journal of Laws] for 2014, item 798) was adopted and entered into force. The aim of this regulation was to introduce changes involving the facilitation of investment 158 Entrepreneurship in Poland and settlement of monies by capital funds the shareholder of which is the National Capital Fund. The activities of the Fund involves investing in VC funds which supply small and medium-sized Polish enterprises in capital, including, in particular, innovative enterprises conducting research and development activity and enterprises with a high development potential. The aim of the amendment is to increase the investment limit per one entrepreneur from the SME sector to the amount of EUR 3 million, to increase the amount of the tranche of the financing within the period of 12 months to EUR 2.5 million, to decrease the investment limit imposed with respect to 20% of the monies derived from the capital fund with respect to companies with capital links to SMEs in which a capital fund has previously made an investment, the inclusion of “e-commerce” in the group of activities which may be pursued by SMEs in which a capital fund has made investments, the exclusion of the possibility of use by SMEs of funds obtained from a capital fund for the purposes of the acquisition of existing shares of other entrepreneurs or for the buyout or redemption of own shares. An important initiative in this area is also the Programme of credit guarantees granted to SMEs by the Bank of National Economy through commercial banks (de minimis portfolio guarantee line). The de minimis guarantees (PLD programme) may encompass both investment and revolving credit. The primary objectives of the programme is increasing the access of SMEs to bank credit as well as the protection of SMEs against the consequences of instability on financial markets caused by the global crisis. The guarantees shall be granted up to the amount of PLN 30 billion (EUR 7.1 billion). The implementation of the programme began in March 2013; its scheduled completion date is December 2016. The SME community as well as the banking sector both expressed their praise for the PLD programme. In 2013, the level of credit granted to SMEs decreased only slightly (down by 2.9%) despite the economic downturn. From 2014 onwards the amount of credits granted began to increase once again. The implementation of the de minimis portfolio guarantee programme is proceeding as planned, with no danger that the target values of the programme may not be realised: as at April 30, 2015, nearly 120 thousand guarantees were granted for a total amount of PLN 19.22 billion, which made it possible for banks to grant credits for SMEs for the amount of PLN 34.2 billion. Within the period from July 2014 to June 2015, the Bank of National Economy also continued the implementation of the Technology Credit Programme125 – a support instrument for entrepreneurs (micro-enterprises and SMEs) implementing innovative technological solutions. The programme involves the provision of credit facilities by commercial banks cooperating with the Bank of National Economy for the purposes of implementation of technological investments (which involve the implementation of new technologies, whether developed by the given entity or purchased from third parties) and the partial repayment thereof by the Bank of National Economy from public resources (the so-called technology bonus). The amount allocated for that purpose is EUR 432,6 million. In total, 717 contracts were concluded for an amount of PLN 1870 billion. Within the reporting period, the Bank of National Economy was not making any calls for applications, nor was it concluding any new contracts with entrepreneurs. The priority area for the activities of the implementing institution has been the monitoring of the implementation of investments in order to ensure the timely completion of individual projects as well as the payment of funds to the beneficiaries thereof. By mid-2015, entrepreneurs have completed 561 projects in total. The amount allocated for the payment of technology bonuses was PLN 1.6 billion from the beginning of the implementation of the programme. The payment of bonuses will continue until December 31, 2015. 125The financing is provided within the framework of the IE OP, measure 4.3 – Technology credit. 159 Entrepreneurship in Poland Furthermore, works have begun on the draft act amending the act on certain forms of support of innovative activities. The aim of the amendment is to introduce the Technological Innovation Credit – a support instrument intended to bolster pro-innovative activities of micro-, small and medium enterprises (SMEs) through increased access to investment-related measures oriented at processes related to the implementation of new technological solutions (whether developed independently or in cooperation with the scientific sector). This instrument will contribute towards the attainment of horizontal objectives of the OP Smart Growth, i.e. the support of the development of innovation, “from idea to market” as well as towards stimulating the cooperation between the science and research sector and the business community, aimed at the performance of tasks intended to satisfy the needs of the economy. The contemplated support instrument is a developed version of the existing instrument introduced pursuant to the act on certain forms of support of innovative activities. The provisions of the amended act make it possible for commercial banks to grant technology credits for the purposes of implementation of investments in new technologies by micro-enterprises, small and medium enterprises. The credit capital will partially be paid by the Bank of National Economy from funds of the European Regional Development Fund (ERDF) in form of so-called technology bonus. The instrument implementation system based on the cooperation between the Implementing Authority (BGK) and a network of commercial banks that provide credit from their own resources, has a stable competitive advantage because it is an effective, proven system widely available for entrepreneurs. Furthermore, substantial private funds are also involved in the process. The instrument will exhibit a preference towards key future technologies and fields with high growth potential in obtaining financing, according to smart specialisations determined under the Enterprise Development Programme. During the presently discussed reporting period, within the framework of the entrepreneurial discovery process, a total of 18 domestic smart specialisations were identified, contained in 5 sections: healthy society, food and agricultural bio-economy as well as bio-economy in the field of forestry, timber industry and the environment, sustainable energy sector, natural resources and waste management as well as innovative industrial technologies and processes. On December 11, 2014, by decision of the Steering Committee adopted on the basis of a number of analyses of the impact of the creative industry and culture on the competitiveness of the Polish economy as well as active dialogue with the representatives of the aforementioned sector (both in the sphere of business and science), it has been resolved that smart creative technologies would be included in the programme as the 19th national smart specialisation. Between November 2014 and March 2015, Working Groups for national smart specialisations remained responsible for the elaboration and precise description of individual smart specialisations (for the purposes of assessment of the applications made for R&D&I projects, mostly within the framework of the OP SG 2014-2020). As a result of the activities of 19 Working Groups, detailed descriptions of individual specialisations were drawn up; in addition, the Healthy foodstuffs (produced ecologically and to high quality standards) specialisation was renamed as High quality food. Furthermore, the Bank of National Economy keeps working on the system for the implementation of the technological innovation credit within the framework of the Smart Growth Operational Programme 2014-2020 (SG OP) – sub-measure 3.2.2. It will serve as a continuation of the primary tenets of the Technology Credit programme implemented within the framework of the IE OP. Certain changes are planned, pertaining, inter alia, to the criteria of project selection as well as modifications to the process of the call for applications as well as of the assessment of individual projects. They will contribute towards the better implementation of the objectives of the SG OP, including the provision of financing for the most innovative investments. Within the period from July 2014 to May 2015, the Bank of National Economy continued the implementation of the systemic project designated as “Support to financial engineering for the 160 Entrepreneurship in Poland development of social economy”126. During the period in question, a total of 195 loans were granted to 154 Social Economy Entities (SEEs) for a total amount of PLN 14.3 million. From the beginning of the implementation of the Project until the end of May 2015, a total of 341 loans were granted to 277 entities for a total amount of PLN 27.14 million. Attaining the value exceeding the initial allocation of funds was made possible by the introduction in 2014 of a reimbursable formula for the financing of SEEs; owing to the additional monies transferred to loan funds, derived from loan repayments, SEEs will be allocated an additional amount of PLN 5.5 million in the form of preferential loans. The development of the loan system established during the pilot scheme will be possible owing to the establishment of a fund of funds which shall be tasked with the management of financial instruments for the benefit of SEEs. According to the provisions of the Operational Programme Knowledge, Education and Development (OP KED) 2014-2020, the role of the manager of the fund of funds within the framework of Measure 2.9 (Detailed Description of Priority Axes) under the OP KED shall be performed by the Bank of National Economy. At the present stage, works are underway to expand the support system for SEEs by introducing a guarantee system as well as innovative financial instruments. Within the framework of efforts aimed at the facilitation of access to financing for SMEs, the Bank of National Economy shall coordinate the implementation of the JEREMIE initiative. This initiative is implemented on a regional level (the Bank of National Economy operates in six provinces – the Dolnośląskie, Łódzkie, Mazowieckie, Pomorskie, Wielkopolskie and Zachodniopomorskie provinces) using the funds derived from Regional Operating Programmes for years 2007-2013. The JEREMIE initiative is intended to provide support to SMEs in the field of access to sources of reimbursable financing by focusing on companies which are still at an early development stage or which has limited access to external financing, as well as to provide investment capital to entities which cannot offer sufficient collateral in order to obtain bank credit. Support within the framework of the initiative is offered to SMEs through financial intermediaries, offering loans, guarantees and equity instruments. From the beginning of the implementation of the initiative by the bank, i.e. from 2010 until the end of 2015, a total of 24.2 thousand enterprises were granted support in the amount of over PLN 2.5 billion. Taking into account the financial leverage with respect to guarantee instruments, it is worth emphasizing that the value of support obtained by SMEs is almost PLN 4.4 billion. Another measure implemented by the Bank with respect to the support of the SME sector is the project designated as “Re-guarantees and loans as a chance for increasing external financing of SMEs. Support instruments for guarantee and loan funds in Eastern Poland”. This programme is being implemented in five provinces (the Lubelskie, Podkarpackie, Podlaskie, Świętokrzyskie and WarmińskoMazurskie provinces). As in the case of the JEREMIE initiative, the funds are distributed by specialised financial intermediaries offering loans and guarantees to SMEs. Within the period from 2010 to the end of April 2015, a total of 2 515 enterprises received support in the aggregate amount of nearly PLN 200 million. This made it possible to generate an amount of financing in the amount of over PLN 251 million. In April 2013, the Bank signed the Agreement for the Management of the European Investment Fund (EIF), pursuant to which the Polish Growth Fund of Funds (PGFF) was established. Under the Agreement, the Bank of National Economy undertakes to provide funds in the amount of EUR 60 million (say: sixty million) and to entrust the management thereof to the EIF, which undertakes to combine the 126 Project implemented within the framework of Measure 1.4 of the Human Capital Operational Programme (the Project); on the basis of co-financing agreement concluded with the Minister of Labour and Social Policy in 2012, the Bank of National Economy, acting in the capacity of the Manager of the Trust Fund established within the framework of the Project, provides funds to the Financial Intermediary, whose role is to provide Social Economy Entities (SEEs) with loans as well as free counselling services. Within the framework of the Project budget, an amount of PLN 25 million was allocated for loans (subject to the assumption that at least 250 SEEs will receive support). 161 Entrepreneurship in Poland funds allocated by the Bank of National Economy with the amount of EUR 30 million (thirty million) within the framework of the contemplated investments. The primary objective for the establishment of the PGFF is: • to increase the level of investment in private equity funds, venture capital funds and hybrid funds investing in SMEs and to Polish companies characterised by low or medium level of capitalisation, • to increase the availability of financing to SMEs and to Polish companies characterised by low or medium level of capitalisation as well as to companies which are at the development or expansion stages, • to provide investors, within the framework of the PGFF, with revenue stemming from the assumptions of the investment strategy by establishing a portfolio of investments in investment funds. As at March 31, 2015, the PGFF signed three contracts with Private Equity funds (including one conditional contract), the said Private Equity funds having made 5 investments in total in companies operating within the financial services, clothing, hygienic goods, IT and cosmetics industries. At the present stage, the EIF is analysing new draft proposals pertaining to Private Equity/ Venture Capital funds. Representatives of the European Investment Fund assume that by the mid-2015 the Management of the EIF will have expressed its consent to the execution of new investment contracts. Furthermore, in June 2015, the BGK S.A. Investment Fund Company established the Foreign Expansion Fund – Non-public Closed-end Investment Fund, the first issue of Investment Certificates of which was acquired by the Bank. The aim of the newly established Foreign Expansion Fund is the support of Polish enterprises in their attempts to expand their activities to other countries. Foreign expansion will be effected through the establishment of foreign joint-stock/limited liability companies or through the acquisition of foreign entities (Project Companies). The Fund shall support investment projects of Polish enterprises (Polish Partners) regardless of the country in which the contemplated investment would take place. The Polish Partner implementing investment projects in cooperation with the Fund may be a company of any size, even though particular emphasis shall be placed on SMEs. The investments of the Fund shall be made on the basis of investment agreements concluded by the relevant Polish enterprise and the Fund. The investment agreement shall specify the Fund involvement horizon, which, as a rule, shall be five years. Following that period, the Fund shall exit the project. The involvement of the Fund in a single investment project shall, in most cases, not exceed the amount of PLN 50 million, subject to the condition that the involvement of the Polish partner shall in each individual case be higher than the involvement of the Fund. The first investments are expected to be made by the Fund in Q3, 2015. It is assumed that the contemplated investment amount during the first year of activity will amount to PLN 100 million. SBA Priority Area VII – The Single Market In Poland, the role of the national standardisation unit is performed by the Polish Committee for Standardisation (PKN). Within the reporting period, the PKN implemented measures aimed at ensuring a more widespread use of the opportunities offered by the single market by SMEs. The measures in question were intended to make it easier for SMEs to access information on standards and the standardisation process as well to provide information on the benefits which flow from the application of such standards by SMEs. The measures in question involved, in particular, the technical and substantive improvement of the “Knowledge” web portal (http://wiedza.pkn.pl/), which commenced its operations in April 2014. The portal offers basic information on the standardisation process, e-learning courses, a user-friendly standards search engine as well as the Standards Newsletter – a free service which allows subscribers to receive information on new standards pertaining to the issues which they 162 Entrepreneurship in Poland consider important. The portal is currently being upgraded. This applies, in particular, to the section thereof devoted to training. Furthermore, in January 2014, the “SME Zone” (http://pkn.pl/strefa-dla-msp-0), a subsection of the main site of the PKN, was thoroughly reorganised. The current structure is intended to help SMEs in finding information on the standards they may require, to access the full contents thereof and to manage standards; it also provides tips pertaining to the participation in the standardisation process. The “SME Zone” contains links to PKN standards search engines as well as to European standards organisations (the CEN and the CENELEC). It contains links to the schedule of Technical Bodies of the PKN as well as to Sectors of the Standardisation Works Department, where SMEs can obtain information pertaining to individual thematic areas pertaining to standardisation. The “SME Zone” also contains links to CEN and the CENELEC sites dedicated to SMEs. This makes it possible to learn of the strategy, action plans and standardisation projects of European standardisation organisations of which PKN remains a member which are relevant from the standpoint of SMEs. The facilitation of access to information on standards and the benefits stemming from the application thereof for SMEs was designated by the PKN as a priority area in the context of access for SMEs to the single European market and to new and innovative technologies. The activities of the Polish Patent Office are also significant for the priority area referred to above; the Polish Patent Office, in cooperation with the Office for the Harmonisation of the Internal Market, has, throughout the period of the last four years, been developing and implementing the IT tools facilitating the submission of applications and improvement of the efficiency of industrial property rights protection, with particular emphasis on trademarks and industrial designs on the Single Market. These tools allow the users of the trademark and industrial design protection system to easily access the information necessary to submit trademark or industrial design registration applications, both under the national and the Community regime, which is of particular importance for companies from the SME sector. This allows them to avoid any overlap with such trademarks or industrial designs that might already be protected on the Single Market. Following the implementation of all of the aforementioned projects, it is expected that the service levels of national institutions and the OHIM on the Single Market will be matched, that the activities of public administration bodies will become more transparent and that the institutions in question will accommodate the needs of the users of the system for the protection of trademarks and industrial designs to an even greater extent. Until now, within the framework of the aforementioned works, the following tools have been developed, implemented and enhanced: Common Gateway for Applications – an IT platform combining on-line services offered by national industrial property protection bodies to users of the trademark and industrial design protection system. On the basis of the platform in question, the European Trademark and Designs Network (https://www.tmdn.org) has been built. The platform also makes it possible for users of the system to exchange information between themselves. TMview and Design View – joint platforms offering access to databases (registers) of trademarks and industrial designs maintained by offices participating in the project. At the present stage, about 40 national industrial property institutions, as well as the OHIM and WIPO, participate in the project, which means that SMEs can take advantage of all national trademark and industrial design databases of the participating countries (as well as the OHIM and WIPO databases), using the tool referred to above. Common database on classification of G&S – This project involves the creation of a joint TMclass database containing the names of goods and services used on the lists of trademarks maintained by patent offices. The database is constantly being updated to include new designations, while the offices are harmonising their practices in this regard on an ongoing basis. Owing to the flexibility of the 163 Entrepreneurship in Poland database and the frequent updating thereof, it constitutes a useful tool for the preparation of schedules of goods and services, which remains the necessary part of the process of filing a trademark application. Database supporting Enforcement of IP Rights and ACIST – databases which facilitate the conducting of procedures pertaining to the enforcement of intellectual property rights and which are used to collect data pertaining to infringements of such rights. Similarity – a database containing information on the practices of patent offices within the scope of the assessment of the similarity of goods and services, which is very helpful for SMEs when attempting to assess the similarity of the trademarks themselves. SBA Priority Area VIII – Skills and innovation The competitiveness of entities in the SME sector depends, to a significant degree, upon their adaptability to the changing conditions in the era of globalisation. In turn, the ability to rapidly respond and adapt to the situation on the market is related to the continuous improvement of skills of entrepreneurs, as well as strengthening the capacity of innovation and introduction of innovations to the market. Innovative projects require substantial human and financial expenditures whose supply for SMEs is very limited. An important initiative in this regard is the system for the support of SMEs introduced by the National Centre for Research and Development, reducing the scope of formalities as well as decreasing the time necessary for a decision to be issued to 60 days from the date of submission of the application. This competition formula, known as Fast Track, forms a response to the needs of entrepreneurs. The first edition of the competition was financed from the OP Innovative Economy. The substantive assessment of the applications submitted in the course of the first edition of the competition was completed in April 2014, while the implementation of the projects commenced in the second half of 2014. At the present stage, the Fast Track programme is financed from the budget of the OP Smart Growth. Within the framework of the Fast Track competition, financing is provided for industrial research and development works performed by SMEs. The call for applications in the competition takes place from May 4 to December 31, 2015, with the total budget of the competition amounting to PLN 1.6 billion. The second competition, conducted on the basis of OP Smart Growth funds (the Demonstrator competition) is also aimed, among others, at SMEs. The Demonstrator competition is intended to provide support for R&D works related to the manufacture and assembly of a pilot or demonstration installation. The competition was conducted during the period between May 7 and June 22, 2015. The budget of the competition amounts to PLN 500 million. Within the framework of sector programmes conducted by the National Centre for Research and Development, associations of enterprises, scientific institutions etc., operating within the given sector of the economy (such as commercial chambers, industry associations, technological platforms) were able to submit their own research themes until the end of December 2014. Sector programmes are a form of a bottom-up approach, which means that they transfer the initiative into the hands of entities operating on the given market, including, to a large extent, SMEs. At the present stage, the National Centre for Research and Development is implementing two sector programmes: INNOLOT and INNOMED. Calls for applications for funding are scheduled to be announced in 2015 under both programmes. By the end of December 2014, the National Centre for Research and Development has received 21 applications for the establishment of new sector programmes, with the following applications being accepted into Group A: InnoSBZ – Unmanned systems, INNOTEXTILE – textile industry and INNOCHEM – chemical industry. 164 Entrepreneurship in Poland Joint projects is a financing mechanism for research and development within the framework of which the National Centre for Research and Development, in cooperation with the project partner, supports the implementation of the research agenda developed on the basis of the problem areas suggested by the partner, provided that they adhere to the National Research Programme or National Smart Specialisations. The partners of the Centre in a joint project may be public institutions as well as large enterprises. The beneficiaries, on the other hand, include mostly SMEs and scientific institutions. The budget of a joint project is usually in the region of approx. PLN 100 million, with the partner of the NCRD being under an obligation to contribute at least 50% of the amount in question. Examples of joint projects include programmes such as: CuBR, BlueGas, RID or GEKON. The National Centre for Research and Development also supports the internationalisation of SMEs through the GO_GLOBAL.PL programme. The co-financing within the framework of the GO_GLOBAL.PL programme is designed to support the commercialisation of the results of scientific research and development activities performed by innovative micro-enterprises as well as small and medium enterprises operating in the hi-tech and medium-high-technology sectors. Support granted by the National Centre for Research and Development may be earmarked for the development and initial verification of the strategy of transition from a local market to global markets. The programme budget amounts to PLN 15 million. The call for applications was conducted between May 11 and July 15, 2015. Particular attention should be had to the selection system of the National Key Clusters (NKC), which is the result of several years of work of the representatives of public administration, cluster environment and other institutions involved in the establishment of cluster policy in Poland127. The aim of the evaluation process and granting the status of National Key Clusters is to select such entities from among the clusters currently operating in Poland which have significant potential for the development of the Polish economy and are internationally competitive. NKC status will be granted in a competition procedure. The competition for the National Key Cluster (NKC) status will be held by the Minister of Economy on the basis of the applicable Competition Regulations. In 2014, preparatory actions were taken in order to make it possible for the 2015 Competition for the NKC status to commence. Within the framework of the activities referred to above, the Regulations of the Competition for National Key Cluster Status were developed, providing detailed information on the objectives of the Competition, the available awards, the composition and duties of the Assessment Committee as well as the procedure for the assessment of applications submitted in the Competition. The development of the aforementioned Regulations was preceded by conceptual works related to the design of the application assessment process, which was divided into two stages: Stage I (formal assessment) and stage II (substantive assessment). In cooperation with the Polish Agency for Enterprise Development and using the knowledge of outside experts, a set of criteria for the substantive assessment was drawn up. In order to ensure the appropriate publicity of the NKC mark, a logo and accompanying promotional materials were also produced. The aforementioned activities were reinforced by meetings with representatives of the cluster community. The meetings that were held (within the framework of the Cluster Club as well as of the consultative conference) made it possible to encourage the future beneficiaries of the measure to act and to take their experience into account in the course of development and implementation of the cluster policy, including the system of National Key Clusters. 127 The tenets for the developed system are derived from the report entitled “Directions and guidelines for cluster policy in Poland until 2020” prepared by the Polish Agency for Enterprise Development. The need to choose and support the National Key Clusters was included in the Enterprises Development Programme until 2020. 165 Entrepreneurship in Poland On May 12, 2015 the first round of the Competition for the National Key Cluster status commenced. The call for applications ended on June 19, 2015. A total of 23 applications were submitted. The clusters which participated in the first round of the Competition represent various areas of activity, including: ICT, aviation, transportation, chemistry, pharmaceuticals, biotechnology, medicine, industrial processing, water economy, construction and environmental protection. The allocation of the status of National Key Cluster will take place in September 2015. The subsequent rounds of the Competition will be announced in December 2015. Within the framework of the implementation of the presently discussed area, a draft set of criteria for the Research to Market project (OP Smart Growth) were drawn up and subsequently agreed upon in the course of consultations with the Intermediary and the Managing Institution. The criteria were also consulted with members of the Working Group of the Monitoring Committee as well as with the representatives of the European Commission. It should be emphasized that, having regard to the need to make it easier to commercialise new environmental technologies on European, and later also global, markets, in December 2011 the European Commission along with the EU Member States initiated the Pilot programme for Environmental Technology Verification (ETV EU). The primary objective of this initiative is the provision of unbiased and credible information on innovative environmental technologies by verifying whether the efficiency declarations provided by the developers and manufacturers of individual technologies are complete, reliable and based on credible research. The confirmed efficiency declaration takes the form of a Statement of Verification. These can later be used by suppliers or manufacturers in their marketing efforts. The Statements in question may also be used to create mutual trust in relations with potential clients and investors. The verification of technologies within the framework of the ETV EU pilot programme is voluntary. The ETV EU system makes it possible to perform the verification of technologies from three areas: 1. water purification and monitoring, 2. materials, wastes and resources, 3. energy technologies. This makes it possible to verify the vast majority of environmental technologies developed on the Polish market. As a market tool, ETV is intended to: • help the manufacturers of new technologies, including, in particular, SMEs, to commercialise their eco-innovative technologies by furnishing credible proof confirming the effectiveness of these solutions in order to convince technology purchasers of their advantages; • help technology purchasers (whether private or public) to select technologies which are efficient in environmental terms, according to their needs and requirements, by providing them with the basis for decision on the purchase thereof; this will ensure that the ETV will be commonly recognised as a system based on sturdy scientific foundations which is capable of furnishing credible evidence of the efficiency of the given technology for the purposes of tender procedures and commercial transactions. • support the development and implementation of public policies and legal regulations by providing citizens, legislators and decision makers with reliable information on the efficiency of new environmental technologies which are ready to be marketed. It also needs to be emphasized that, having regard to the scope of activities performed within the framework of the ETV, they are conducive towards the implementation of three SBA priority areas (rule VIII, IX and X). The added value for the developer or manufacturer of a technology with respect to which the ETV system shall be applied is the credible confirmation, obtained in the course of the verification process 166 Entrepreneurship in Poland performed, that the proposed solution is in fact efficient, the confirmation in question being recognised in all European Union countries.128 In 2014, the first verification process within the framework of ETV EU in Poland was completed, followed by the issuance of the first ETV Statement of Verification in Europe. One should point out the success of both the Polish Environmental Technology Verification Unit – the Technological and Environmental Institute (branch in Poznań), which was the first institute in Europe to conduct the verification process and to issue an ETV EU Statement of Verification no. 1, as well as of the Polish entrepreneur who received the said Statement of Verification. According to the latest data of the EC, most companies which are interested in ETC verification are micro-enterprises and SMEs. Furthermore, in 2014 the Technological and Environmental Institute expanded its accreditation and is currently able to verify all technologies in areas 2) and 3). In addition, during the same period another Polish verification institution (the Institute for Environmental Protection – State Research Institute (Warsaw) obtained the accreditation of the Polish Centre for Accreditation. The Institute may perform the verification of technologies within the framework of the ETV EU programme in areas 2) and 3). At the end of 2014, the first ETV EU Statement of Verification in Europe was awarded to a Poznań company named ASKET®; this symbolic ceremony was held during a conference at the Ministry of the Environment in Warsaw. In addition, an industry conference was held in Poznań at the offices of the ABRYS publishing company, devoted to the first ETV EU verification in Europe; it was attended by the representatives of regional authorities, verification institutions, research institutions, the Ministry of the Environment as well as various entrepreneurs. Year 2015 also looks promising in this regard. The accreditation procedure with respect to yet another Polish verification institution – PIMOT – is already complete. The two other accredited institutions carry on the process of verification of technologies – including technologies originating from abroad. The Ministry of the Environment, in cooperation with the National Fund of Environmental Protection and Water Management, is developing a support instrument dedicated to ETV, in the form of a programme for entrepreneurs (the SME sector). Furthermore, there are plans to involve regional authorities in the promotion and support of ETV as well as of entrepreneurs willing to verify their technologies, solutions or devices. Information training courses for representatives of the Municipal Offices and the Province Fund for Environmental Protection and Water Management are scheduled to take place in 2015. Furthermore, in May 2015, during the 18th Eco-Innovation Forum in Barcelona – one of the most significant cyclical events devoted to the issue of eco-innovation in Europe – a ceremony during which the first ETV EU Statement of Verification was handed over to ASKET® was held, which serves to emphasize Poland’s achievements in this regard on an international scale. Furthermore, in June and July 2014, research in the field of awareness and needs of the potential users of the Development Service Register (performed using the CATI method), the results of which, contained in a single report, were used in the course of the subsequent stages of the works pertaining to the Register. The Entity Chart was developed, containing the criteria pertaining to the institutions which provide development services through the Register with respect to the reliability and experience of such institutions. In addition, the Service Chart (enabling the entry of the service offer into the Register) as well as the Development Service Assessment System were also developed. These documents, analysed in the course of public consultations, formed the basis for the development of the Development Service Register IT system, while the consultations performed made it possible to take a variety of proposals presented by the potential users of the system into account in the course of the 128 More information on the Environmental Technology Verification pilot programme of the European Union can be found at: http://iet.jrc.ec.europa.eu/etv/ or http://www.mos.gov.pl/kategoria/4675_etv/ 167 Entrepreneurship in Poland development of the Register. The documents in question have been approved by the Ministry of Infrastructure and Development. The Regulations of the Development Service Register were also developed and sent for consultations; these Regulations lay down the rules and conditions for the functioning of the Register as well as the rights and obligations of the users thereof (acceptance of the Regulations is the necessary precondition for all users of the Register). During the period between July and August of 2014, a tender was held and the contractor tasked with the development of the Development Service Register IT system was selected. In December 2014, the testing environment for the system was launched on the servers of the Polish Agency for Enterprise Development; the first version of the software was installed and the initial tests of the information service website, the CMS mechanism and the user registration module were performed. In Q1 and Q2 2015, tests of further modules were carried out in the internal testing environment of the Polish Agency for Enterprise Development – the development service registration module, the module allowing the users to sign up for a service using the support ID (in case of services co-financed by the European Social Fund), the reporting module and the module intended to enter “tailor-made development services” into the Register. The first system security tests were conducted; in addition, a training course for the first group of participants was also held. In parallel to the development of the system (in order to verify its intuitiveness and to check the proposed functionalities), focus group interviews were carried out with respect to the module for the registration of entities providing development services as well as with respect to searching and signing up for services (by individuals and entrepreneurs interested in development services). The suggestions made by the participants of the research were taken into account on an ongoing basis in the process of the modification of the system’s existing functions. From the beginning of May 2015, the test version of the Register was activated and tests of the user registration module have begun. On June 1, 2015 the second testing stage began, encompassing the publishing of development services. In connection with the considerable interest in the test version of the DSR system (nearly 38 thousand pageviews and more than 1.5 thousand users), the duration of the second stage of the test was extended to the end of June 2015. The handover of the finished DSR application by the software developer is scheduled to take place in July 2015. A potential risk to the implementation of the project may be the possible delays in legislative works regarding the regulation which is to form the legal basis for the release of the part of the Register that will pertain to the services co-financed from the European Social Fund. During the presently discussed period, within the framework of sum-measure 2.3.2 of the OP Smart Growth – Innovation vouchers for SMEs, works were underway with respect, inter alia, to the designation of the legal basis, design selection criteria as well as the detailed tenets for the implementation of the Instrument. In June 2015, the Monitoring Committee of the OP Smart Growth approved the criteria for the selection of projects for the sub-measure. Furthermore, the Polish Agency for Enterprise Development was also performing actions aimed at the implementation of OP Smart Growth sub-measure 3.1.1 (Investments in innovative start-ups – Starter), sub-measure 3.1.2 (Group investments of business angels in SMEs – BizNest), sub-measure 3.1.5 (Facilitating the access of SMEs to the capital market – 4 Stock), sub-measure 3.1.3 (Loan Fund for Innovation), sub-measure 2.4.1 (Centre for new instrument analysis and pilot project implementation – inno_LAB) as well as of the “Pro-innovative services for entrepreneurs” project (OP Smart Growth). With respect to measure 1.1 “Start-up platforms for new ideas” of the OP Eastern Poland, in July 2014 the first proposal for the substantive criteria for the selection of start-up platforms was drawn up. In December 2014, a version developed jointly by the Polish Agency for Enterprise Development and the Ministry of Infrastructure and Development. The criteria were consulted in a number of advisory groups, i.e. the Steering Group for Eastern Poland as well as the Working Group for Eastern Poland. Subsequently, in May 2015, the proposals of the relevant criteria were submitted to the members of the 168 Entrepreneurship in Poland Monitoring Committee, who were able to present their comments at that point. Finally, on May 29, 2015, the criteria for the pilot measures 1.1.1 and 1.1.2 were approved by resolution of the Monitoring Committee. Furthermore, on August 14, 2015 the regulation of the Minister of Infrastructure and Development on the provision by the Polish Agency for Enterprise Development of financial support within the framework of axis I (Entrepreneurial Eastern Poland) of the Eastern Poland Operating Programme 2014, 2020 was enacted, followed by the Guidelines for eligibility of expenses under the OP EP which entered into force on August 26, 2015. The document lays down the eligibility conditions for expenses and specifies the detailed costs which may be considered eligible under projects implemented within the framework of individual measures and sub-measures of the Eastern Poland Programme. With respect to sub-measure 1.3.1 (Implementation of innovations by SMEs) in Q1 2015 a proposal for the criteria pertaining to the selection of the projects within the framework of the sub-measure in question was prepared, which has subsequently been subjected to wide-ranging consultations with marshal’s offices and representatives of socio-economic partners: the steering group of the OP EP, the OP EP Monitoring Committee as well as the OP EP working group. The document was approved on May 29, 2015 by the Monitoring Committee, making it possible to complete the consultation process which began in early 2015, pertaining to the Detailed Description of Priority Axes, the regulation forming the aid programme, guidelines on the eligibility of expenses as well as competition documentation (the regulations and the application for funding along with the accompanying instructions) The competition within the framework of sub-measure 1.3.1 is scheduled to take place in June/July 2015. In addition, a number of information and promotional measures aimed at entrepreneurs are scheduled to take place within the framework of the sub-measure in question in Q3 2015. The programming process for sub-measure 2.3.3 OP Smart Growth – Internalisation of National Key Clusters has also begun, the aim of which is to increase the degree of internationalisation of enterprises operating in National Key Clusters. In July 2014, a programming sheet pertaining to the support instrument designated as “internationalisation of the activities of key clusters” was prepared. Works on the document in question were completed in March 2015, when the final version of the document was released. In Q4 2014, the initial versions of programming documents (contribution to the SG OP, Detailed Description of Priority Axes (SZOOP)) were developed, encompassing the tenets of the contemplated support measures, indicators for the monitoring thereof as well as principles for their financing. A uniform objective for support was also defined, including, in particular, the designation of NKC coordinators as the beneficiaries; proposals for the rules on the provision of support to entrepreneurs having the status of NKC members were also presented – the support in question shall be granted in the form of services which will serve as de minimis aid for such entrepreneurs. The initial version of the project selection criteria was also submitted for comments to the Managing Institution of the OP Smart Growth. During the period between July 2014 and June 2015, the Patent Office of the Republic of Poland, within the framework of the systemic project designated as “the support of efficient use of industrial property in an innovative economy” held and implemented – among others – the following projects: • 35 regional training courses and 2 central training courses; • 2 seminars and specialist workshops; • 10 consultation and information meetings; • 4 international and domestic conferences. 169 Entrepreneurship in Poland The aim of the project is to raise awareness of the significant role played by industrial property rights in the development of the Polish economy. The project is aimed at entrepreneurs (including microenterprises and SMEs) as well as business environment institutions. Within the framework of the project, a number of educational and training programmes are offered, aimed at the promotion of knowledge in the field of the protection of intellectual property as well as promotional events pertaining to good practices and the Polish achievements in the field of protection of industrial property. Within the framework of these measures, nearly 8000 individuals received training in the course of the project, while between July 2014 and June 2015, over 2100 individuals from the target group of the project took part in educational and training activities organised by the Office. Furthermore, the Online Educational Programme of the Polish Patent Office was also implemented during that period, containing information, publications and other materials aimed both at entities which are in possession of advanced knowledge and at persons seeking basic information on the protection of intellectual property. The Platform also offers an e-learning course divided into 10 modules, which presents issues related to the protection and management of intellectual property in an interactive way. During the reporting period, the Patent Office also launched a state-of-the-art Industrial Property Protection Information Centre, the aim of which is to ensure the efficient and professional handling of requests submitted both by those individuals or entities which are involved in proceedings conducted by the Office as well as by those who are planning to submit an application The information provided demonstrates that the “Skills and Innovations” area is of key and strategic importance for the Polish Patent Office due to the need to develop and promote pro-innovation attitudes in society – and especially among entrepreneurs – on the basis of respect for intellectual property and the efficient management thereof. In years 2010-2015, most activities in this field were performed by the Office within the framework of the systemic project of the OP Innovative Economy. These activities should be carried on in subsequent years; in addition, other, more advanced measures – including, in particular, measures aimed at SMEs – should also be implemented in the next few years. The lack of funding for further activities in the upcoming years in an area of such a great importance for economic growth must be considered as significant risk in the context of development of a knowledge and innovation-based economy in Poland. Priority area IX – Environment Climate change, scarce energy resources and sustainable development are the key challenges for SMEs, and therefore the entities operating in this sector receive support in the scope of efficient use of opportunities related to environmental protection. In this regard, it is necessary to intensify measures intended to change the perception of SMEs of their impact on the environment. The most important activities include the dissemination of knowledge of current legal requirements in the field of environmental protection and providing SMEs with access to specialist expert knowledge in the abovementioned area. The Greenevo – Green Technology Accelerator project deserves a particular mention in this priority area, the primary objective of which is to increase the access (on the Polish, European and global markets) to cost-effective solutions limiting the impact of human activity on the environment offered by small and medium Polish companies as well as increasing the potential of such companies. The programme makes it possible to disseminate, support and promote environmentally-friendly solutions for the mining and quarrying industry, energy- and material-saving solutions, waste management and water and sewage management technologies, low-emission technologies and technologies used for the purpose of construction and fit-out of energy-efficient buildings. 170 Entrepreneurship in Poland The programme indirectly supports and promotes SMEs operating in the green economy sector, in the following areas: protection of biodiversity, renewable energy sources, climate protection, energy-efficient and passive buildings, protection of air quality and low-emission transportation. Furthermore, the activities of GreenEvo result in the promotion and growth of the so-called green decent jobs, since the vast majority of entities supported under the GreenEvo programme are expanding and developing their activities following their accession to the project, which allows them to create new jobs. In addition, the GreenEvo programme has a consistent impact on raising the ecological awareness of domestic and international purchasers of technologies, products and solutions with a reduced environmental footprint. As a result, it becomes easier for consumers to find “greener” solutions – i.e. those solutions which make it possible to save more energy or which replace traditional energy sources with renewable ones. In addition, the programme also raises the awareness of the need to pursue business activities in a sustainable manner, according to the principles of circular economy, among entrepreneurs. Furthermore, technologies of companies participating in the GreenEvo programme contribute towards the reduction of CO2 emissions, thereby reducing the negative impact of business activities on climate change. Additionally, the GreenEvo programme stimulates the development of eco-innovations in Poland, since the companies participating in that programme develop brand-new pro-environmental solutions (whether on their own or in cooperation with one another) as well as enhance the existing solutions by way of mutual cooperation. It should be emphasized that the implementation of the GreenEvo Green Technology Accelerator projects – one of the key support instruments for the process of transformation towards a greener economy according to the conclusions of the Rio+20 conference – has a real impact on the implementation of the idea of sustainable development both in Poland and worldwide as well as on raising awareness of the need to pursue business activities in a sustainable manner, according to the principles of circular economy, especially with regard to the support and promotion of eco-innovations and environmental technologies in all key areas of the economy. In 2014 the fifth edition of the GreenEvo – Green Technology Accelerator took place. The technologies developed by participants of the GreenEvo programmes have contributed to a number of developments this year including: household waste treatment installations, high-efficiency, low-energy ventilation of buildings, efficient purification of air from gaseous substances, collection of environmental data and measurement of background noise, biomass heating, pellet and briquette manufacture as well as dust suppression on sites on which volatile substances are stored. In addition, the concept for a new sub-measure promoted within the framework of the GreenEvo project under the name of DesignEvo – Creative Eco-design Accelerator was created. The pilot implementation of this programme began in Q1 2015. The DesignEvo programme shall function as a communications platform and a place for the exchange of experiences between the environmental engineering sector and industrial designers. The project is also intended to disseminate knowledge on sustainable circular economy. The primary objectives thereof are networking, matching (cooperation and exchange of experience between GreenEvo participants and industrial designers), development of environmental innovations (the use of design thinking methodology to reach the designated objectives) as well as promoting circular economy (implementation of the principles of circular economy is essential to implement the initiative for resource efficiency provided for under the “Europe 2020” strategy, aimed at ensuring smart and sustainable development which leads to the attainment of economic benefits for our society. In 2014, a matchmaking application for business was created within the framework of the GreenEvo programme – a new, mobile communication tool for business which constitutes a platform which allows 171 Entrepreneurship in Poland for the promotion of environmental solutions, the establishment of links between the participants of the GreenEvo project as well as quick access of partner companies to information on the green technologies developed under the GreenEvo programme. The application is available online and may also be downloaded to a smartphone or tablet. It facilitates the access to basic information on companies, including contact information. The application is available in Polish, with the option of translation of the contents thereof into English, Russian and Spanish. Ultimately, the tool is intended to become a social media messenger allowing the present participants of the GreenEvo programme and potential business partners to keep in touch. Among the solutions offered by the Polish green technology developers who have received awards in the course of the GreenEvo projects there are also solutions dedicated to energy-efficient construction. An animation showing an “ECOnomical house” was created in cooperation with companies participating in the GreenEvo programme operating in the energy-efficient construction sector. It is intended to demonstrate that, through a comprehensive use of GreenEvo technologies, the purchaser shall receive a house that not only exhibits a high degree of energy efficiency, but even one that can be classified as an energy-plus house. This means that the annual amount of energy obtained from renewable sources used at such a house shall exceed the overall energy demand of the building. The surplus may be used, for example, to provide power for state-of-the-art electric vehicles. The animation shows that the technologies offered by the participants of the GreenEvo programme may be used to construct a complete building from scratch, equipped with complementary solutions in the field of renewable energy sources (RES). This tool therefore also has an educational value as it demonstrates the possible uses of environmentally friendly technologies, yet it may also constitute a tool for the promotion of solutions devised under the GreenEvo programme. The simulation shows an ecological building which may serve both as a house for a single family, a house divided into a number of apartments or as a public utility building such as a school, university, clubhouse, local RES enthusiasts’ club or as an office building for a foundation, association etc. The animation was also translated into English. During the reporting period, works were underway on the preparations for the implementation of the “SMEs and green growth” research programme. Tender documentation was drawn up for the purposes of the public procurement proceedings pertaining to the research programme. SBA Priority Area X – Internationalisation In this priority area, within the framework of two rounds of the call for applications for the Polish Silicon Bridge project, two opening trains and two 5-day boot camps were held from January 2014. Furthermore, a total of 23 entrepreneurs have concluded contracts for the co-financing of their participation in the Acceleration Programme in Silicon Valley, involving the provision of support in the amount of PLN 55 000 for the purposes of purchasing mentoring, counselling and training services in the field of marketing, law, finance and accounting as well as the preparation of offers for potential investors and business partners in the USA. From July 2014 until the end of June 2015, the tenets of the competition designated as Support for the strategic management of enterprises and creating competitive advantages on the market within the framework of measure 2.2 of the OP KED were developed; in addition, the criteria for project selection were also designated and approved by the Monitoring Committee of the OP KED programme. The competition is scheduled to be announced in Q3 2015. 172 Entrepreneurship in Poland Furthermore, works were underway on implementation procedures within the framework of the Polish Technology Bridges project as well as within the framework of Sub-measure 3.3.3 of the OP Smart Growth “Support for SMEs in the promotion of product brands – Go to Brand.PL”. There is also significant progress in the preparations for the implementation of measure 1.2 Internationalisation of SMEs under OP Eastern Poland. At the present stage, works are underway on the standard components of competition documentation, including the Competition Rules, the Regulations of the Competition Commission, specimen co-financing agreements as well as joint procedures for the implementation of measures under OP Smart Growth and OP Eastern Poland. An important aspect of the policy of support for SMEs should be the provision of support and creation of incentives to take advantage of the developing markets beyond the EU, including, in particular, through the use of the measures pertaining to entrepreneur training and support which are available on the market. The Ministry of Administration and Digitalisation performs the function of an Intermediary Institution for the 8th priority axis of the Operational Programme Innovative Economy 2007-2013, being responsible, inter alia, for the implementation of measure 8.1 – Support of business activity in the field of electronic economy (hereinafter referred to as measure 8.1) as well as measure 8.2 – support for the implementation of electronic B2B solutions (hereinafter referred to as measure 8.2). The aforementioned activities are consistent with priority area VIII; the European Union, along with its individual Member States, should engage in the promotion of skill development in SMEs as well as all innovations pertaining to the Small Business Act. Measures 8.1 and 8.2 contribute towards the implementation of Commission recommendations to stimulate the efforts of SMEs aimed towards the internationalisation of business activities and ensuring rapid growth. Measure 8.1 makes it possible to implement projects which involve the provision of e-services (the projects in question may encompass the development of digital products necessary for the provision of such e-services) by micro-enterprises as well as small and medium enterprises which have been present on the market for no longer than 2 years. Measure 8.1 makes it possible to provide financing for the implementation of e-services, which, as a result, contributes towards the rapid growth of the SME sector through the creation of new, innovative enterprises as well as through the development of existing ones, both on the domestic and international market. In the course of assessment of the co-financing applications, particular emphasis was placed on project which involved the creation of e-services aimed both at domestic and international customers. The aim of measure 8.2 is the stimulation of the establishment of joint business projects implemented in electronic form. Support is granted for technical, IT and organisational efforts in the field of service relations between entrepreneurs, implemented using ITC systems earmarked for the automation of business processes between such entrepreneurs and leading to the implementation of B2B electronic business solutions. Co-financing within the framework of measure 8.2 of the OP IE is available to micro-enterprises as well as small and medium enterprises which pursue economic activities and make investments and which undertake that, following the implementation of the project, they shall cooperate with at least two other enterprises, using the implemented electronic solutions as the basis for such cooperation. The B2B systems developed within the framework of the aforementioned measure stimulate the growth of SMEs by making it possible to enhance and expand the economic activities pursued as well as by reinforcing the cooperation between enterprises. Co-financing was available with respect to those projects which provided for the inclusion of international cooperating partners in the implemented 173 Entrepreneurship in Poland systems. This encouraged enterprises to establish new links with international companies and to intensify their cooperation with such companies, which resulted in an increased internationalisation of SMEs. Support under measure 8.1 was provided to 2,453 entrepreneurs, while support under measure 8.2 was provided to 6,116 entrepreneurs (as at June 16, 2015). During the period between July 2014 and June 2015, no funding was granted due to the fact that the allocated funds for the aforementioned measures were depleted. Summary of the implementation of Small Business Act on the central level in 2014 Summing up the implementation of measures in particular priority areas of the Small Business Act Programme, it should be emphasized that the areas which attracted most attention of public administration authorities included flexible administration and state aid and public procurement. In this context, significant changes have been introduced to the regulations concerning state aid for SMEs and their participation in public tenders, among other things. It should be noted that at the moment not all actions initiated can be considered fully implemented, often due to their complexity and multi-stage nature. The most significant challenges include the simplification of onerous regulatory burdens in a manner which ensures, inter alia, the implementation of the “think small first” principle as well as supporting skill development and innovation. It is also advisable to intensify the efforts aimed at ensuring a better access of SMEs to the single market as well as to non-EU markets. II. Implementation of SBA priority areas on the regional level. SMEs are often highly integrated with their regions, becoming involved in activities performed on many levels of social life. Many activities the implementation of which on the central level is more difficult than usual could instead be performed on a regional level. The regional approach therefore plays a significant role for the implementation of the principles of the SBA programme among businesses. For the above reason, ensuring the involvement of the regions is crucial for the further effective implementation of the SBA programme. Available data shows that some of the regions have taken into account the inclusion in the Regional Operational Programmes of individual priority areas of the Small Business Act programme at the stage of programming of the financial perspective for years 2014-2020. Due to the fact that regions are included in the process of the monitoring of progress with respect to the implementation of the SBA programme for the very first time, selected measures applied in individual regions of Poland which could later be applied as good practices shall be presented below. SBA Priority Area I – Entrepreneurship The Centre for Arbitration and Mediation in Małopolska deserves a particular mention with respect to the implementation of the area in question; the Centre operates alongside the Chamber of Commerce and Industry in Cracow, along with six partners from various parts of the country, acting under the auspices of the Ministry of Economy. The Małopolskie Province has lent its support to this initiative at the stage of establishment of the Centre and was one of the parties of its deed of incorporation. The aim of the Centre is to popularise the use of mediation and arbitration as an effective method for the resolution of commercial disputes, which, in a broader perspective, shall facilitate the establishment of conditions which are conducive towards amicable dispute resolution among enterprises. 174 Entrepreneurship in Poland SBA Priority Area II – Second Chance. With respect to the 2nd priority area, the activities of the Office of the Marshal of the Dolnośląskie Province deserve a particular mention. Being aware of the need to increase the social acceptance for the concept of “second chance”, it consecutively performs actions intended to help employees of enterprises facing a difficult situation which leads to changes in corporate structure by running the Labour Market Stimulation programme. The project designated as “Labour market stimulation in the Dolnośląskie Province”129 is aimed at persons scheduled for redundancy as well as persons who were made redundant due to reasons pertaining to the employer. Support is provided on the basis of the outplacement principle (professional counselling, psychological counselling, professional training, training and counselling pertaining to starting a business, subsidies for starting a business). It follows that a rapid response which makes it possible to retrain employees during the period covered by the notice of termination of employment or during the period of up to 6 months from the date on which they were made redundant. A total of 17 enterprises took part in the project (including 11 micro-enterprises, 3 small enterprises, 2 medium enterprises and 1 large enterprise). SBA Priority Area III – Think small first Insofar as the implementation of the “SME first” principle, the initiative of the Małopolskie Province deserves a mention. This initiative involves the public consultation of the concepts of absorption of EU funds in the Małopolskie Province under the 2014-2020 financial perspective. The first stage of consultations pertained to two documents: • On June 24, the Executive Board of the Małopolskie Province adopted the Tenets of the regional operational programme for the Małopolskie province for years 2014-2020 and then submitted the document in question for public consultations which ended on September 15, 2013. • On July 18, 2013 the Executive Board of the Małopolskie Province adopted the Initial draft of the regional operational programme for the Małopolskie Province for years 2014-2020 (version 1.0) and submitted it for public consultations which ended on September 15, 2013. During the second stage, public consultations were held with respect to the initial draft of the regional operational programme for the Małopolskie Province for years 2014-2020 (version 2.0) along with environmental impact forecast, adopted by the Executive Board of the Małopolskie Province on November 21, 2013 within the framework of the strategic environmental impact assessment. The consultations lasted from 22 November to 26 December 2013). The following forms of public consultations deserve a particular mention: a) consultation of documents within the framework of the Working group for the regional operational programme for years 2014-2020. The group was appointed on April 4, 2013 by resolution of the Executive Board of the Małopolskie Province and constituted an institutionalised form of consultations effected through the operations of the body coordinating the preparation of the Regional Operational Programme 2014-2020. b) organising open meetings and conferences pertaining to the new cohesion policy programming period for the province. In addition, use was also made of the meetings of bodies formed by members of local government units, during which the representatives of the Executive Board of the Province as well as of the Regional Policy Department of the Office of the Marshal of the 129Project implemented within the framework of Sub-measure 8.1.2 of the Human Capital Operational Programme 175 Entrepreneurship in Poland Małopolskie Province presented detailed provisions of the Tenets of the Regional Operational Programme as well as of the Initial Draft of the programme, pertaining to priority axes; c) the formal submission of comments through a dedicated form within the framework of public consultations announced in regional press, on the website of the province local government as well as on the European Funds website. SBA Priority Area IV – Flexible administration Insofar as the priority area iv is concerned, an initiative which deserves a particular mention are the activities of the Lubuskie Province, which, within the framework of the programme for the development of information society, co-funded by the Regional Operating Programme for the Lubuskie Province for years 2007-2013, completed the installation of the broadband Internet network in June 2014 (encompassing 1,418 kilometres of the distribution network, 427 fiber-optic connections and the liquidation of 326 white spots). The construction of this broadband network has made it possible to commence the connection of the access network (the so-called last mile) for citizens, including, in particular, entrepreneurs. In addition, over 12 projects were implemented, including the e-education, eadministration or e-integration projects, which were intended to facilitate access to the Internet – including the access to e-services to the residents of all communes in the province. Furthermore, within the framework of the e-government office project (https://cu.wrotalubuskie.eu), the partners of which were 95 local government units in the Lubuskie Province, a single virtual local government office was introduced and made accessible to all. The newly established services included, inter alia, service portals facilitating access to e-services (the Digital Government Office), an information platform known as the Lubuskie Province Gateway as well as the Regional Public Information Bulletin (RBIP). Customers are handled on an ongoing basis, regardless of their location or the time of the day. The introduction of the e-government office system has made it possible, inter alia, to reduce the scope of required personal appearance at various administrative entities, to perform the migration of contacts into the Internet, to simplify the access to public information as well as to reduce the costs of public administration. SBA Priority Area V – State aid and public procurement Within the scope of adjustment of the instruments of the policies implemented to the needs of SMEs, the activities performed by the Wielkopolskie Province deserve a mention; it was here that the Fund, on October 7, 2014, adopted – by way of a resolution – regulations introducing a new product – the bid bond guarantee – thereby incorporating this product into the available offer. The product was adjusted to the needs of SMEs in order to make it easier for entrepreneurs to participate in public procurement procedures. The first bid bond guarantee was issued in March 2015. Until June 2015, a total of 12 bid bond packages were issued, which, in terms of value, reached the aggregate limit for bid bond guarantees for the period of 12 months which may be requested by the Obligor (the Contractor) who provides a bid bond. Within the framework of the aforementioned bid bond packages, a total of 29 bid bond guarantees were issued. Furthermore, one should also note the activities of the Mazowiecki Fundusz Poręczeń Kredytowych Sp. z o.o. (Credit Guarantee Fund for the Mazowieckie Province) (MFPK). Despite the significant decline in the number of guarantees issued as a result of the implementation of the de minimis guarantee programme of the Bank of National Economy, the Fund provided security for financial transaction with an aggregate value of PLN 52 million. 176 Entrepreneurship in Poland During the early 2015, a new guarantee product was introduced, namely the guarantee of bid bond payment. The bid bond guarantee is a form of security which is capable of successfully replacing the payment of a bid bond in a monetary form. The new product has attracted a substantial interest among SMEs. By using the bid bond guarantee, the entrepreneur avoids the need to freeze his own funds and may use such funds for the purposes of developing its business instead; the product in question falls within the SBA Priority Area V). SBA Priority Area IV – Access to Financing. Activities aimed at encouraging SMEs to invest in scientific research are performed by the Office of the Marshal of the Lubuskie Province trough a judicious use of financial support derived from EU funds. This aim is achieved by supporting companies within the framework of Priority II (Stimulating the growth of investment in enterprises and reinforcing innovative potential) of the Regional Operating Programme for the Lubuskie Province for years 2007-2013. The projects implemented within the framework of the aforementioned priority are intended to accelerate the economic growth of the Province, which shall translate into a rise in both investments and employment levels. Based on the projects completed, one may conclude that until the end of 2014 direct investment support for SMEs was granted to 452 entrepreneurs who focused their activities, to a large extent, on areas directly linked to research and innovation (innovative technologies) as well as areas intended to stimulate research, innovation and entrepreneurship in SMEs. Projects co-funded under the Regional Operational Programme for the Lubuskie Province within the framework of Priority II have also contributed to the creation of R&D infrastructure, which translates into an increase of the level of innovativeness of the economy in the province. Another important initiative has been the establishment of the “Food Industry and Processing Cluster in Świętokrzyskie Province” in May 2014, comprising 21 companies. The primary objectives of the cluster include the dissemination of information on new technologies, the integration of the food producers community in the Świętokrzyskie Province, promotion and increasing the prestige of the food industry, representation and protection of the economic interests of the members of the cluster. Mutual support and exchange of experience between the members of the cluster, the promotion and support of the development of the industry and the building of a common brand for the companies represented by the members of the cluster is bound to have a positive impact on the image of the Świętokrzyskie Province as an attractive spot for outside investors. Furthermore, with regard to the presently discussed area, one also needs to mention the activities of the Lubelskie Province, which, having regard to the support of the development of innovation as well as to the promotion of the mechatronics sector as a clearly recognisable field in which the Lubuskie Province has a great potential, signed the Cooperation agreement intended to establish the “Land of Mechatronics” Cluster in the Lubelskie Province on February 12, 2014. The Agreement is first and foremost intended to ensure the cooperation between the local government authorities and the enterprises operating in the mechatronics sector in the Lubuskie Province, with the aim of organising joint conferences and seminars in order to raise public awareness of the significance of mechatronics as well as to promote this sector of industry and to ensure a wide-ranging exchange of experience in the course of study visits organised by the Partners. Within the framework of this Agreement, on May 21, 2015 the Office of the Marshal of the Lubelskie Province held a seminar entitled “The Land of Mechatronics”. The seminar was intended to showcase the mechatronics sector in the Lubelskie Province as well as to establish a cluster comprising companies from this sector. The seminar was attended by representatives of the local government, entrepreneurs, representatives of the scientific community and non-governmental organizations. The establishment and functioning of the “Land of Mechatronics” Cluster constitutes an important step towards innovation in the Lubelskie province which 177 Entrepreneurship in Poland serves to enhance the cooperation between the representatives of the scientific community, entrepreneurs as well as the local government of the province. The cyclical performance of works by all members of the cluster is intended to ensure the achievement of the aim of supporting the development of research in the fields of knowledge related to mechatronics in cooperation with R&D institutions as well as of ensuring cooperation with counterparties, companies, clusters and other centres of the mechatronics industry in Poland and beyond. Having regard to the development of the Lubelskie Province as well as to ensuring the effective development of the mechatronics sector and related fields and the integration of the business community and the R&D sector in a supra-regional scale, the Lubelskie Province and the Śląskie Province signed a letter of intent on close cooperation on September 11, 2014. In the said letter, the two provinces resolved to undertake measures aimed at the establishment of a permanent, inter-regional team for innovativeness and efficiency of research and development operations in the field of mechatronics, advanced security and defence technologies as well as related areas. Another important initiative in this regard is the project designated as Industrial Design Network of the Dolnośląskie Province130, implemented by the Office of the Marshal of the Dolnośląskie Province in partnership with the Commune of Wrocław and the Eugeniusz Geppert Academy of Fine arts in Wrocław. Within the framework of this project, entrepreneurs were able to take advantage of funds allocated for training, design auditing and implementation measures. The workshops were mostly dedicated to show both parties how their cooperation within the framework of the product and service development process can lead to the reinforcement of their regional potential, based on the available scientific, research and design resources. Entrepreneurs were given access to the knowledge on product design, business advantages of good design and process organisation. In addition, 40 enterprises from the region participated in a specialist technological audit in the field of application of industrial design. Recommendations were also based on the thorough technical analysis of the growth opportunities of individual enterprises, taking into account the prevailing market demand and trends. A universal tool used for the matching of entities operating in the fields of design, manufacturing as well as science and technology is the online platform. The concept of the platform was devised as an open forum for the presentation of achievements and experiences as well as for the exchange of views in the field of the broadly understood design and the application thereof. The portal makes it possible to present one’s achievements in terms of design, execution and research. The results of the implementation of the Industrial Design Network project are as follows: • raising awareness with respect to the role of industrial design in creating competitive advantages; • the development of the cooperation skills of science personnel and entrepreneurs; • the establishment of an institutional infrastructure designed for the support of economic and scientific cooperation – the establishment of the Centre for Innovation and Design. The primary task of this new institution is ensuring an effective flow of information between entities participating in the cooperation network: scientists, entrepreneurs and designers; • the commissioning of an online platform comprising a database of designers, scientific personnel and entrepreneurs from the Dolnośląskie Province seeking knowledge and contacts with respect to the creation of new industrial designs; • seminars and conferences; • television programme entitled “Work, business, innovation”; • The “From Idea to Industry” and “Women Interior Designers” exhibitions as well as an exhibition intended as a summary of the project and presenting the results of cooperation of individual implementation teams; 130 Project implementation period: 2012 – 2015. Total project amount: PLN 2.4 million 178 Entrepreneurship in Poland • • • workshops on the design product development process and the management of design processes; expert consultations for enterprises from the Dolnośląskie Province in the field of industrial design; expert audits – an analysis incorporating the assessment of the potential and needs of an enterprise in terms of design with respect to the marketing of new products and services. Furthermore, implementation measures were underway in 17 enterprises in the Dolnośląskie Province, involving design services pertaining to products or services (co-funding amount of up to PLN 15 thousand) as well as – where necessary – accompanying technical or technological services such as prototyping, materials science (co-funding amount of up to PLN 10 thousand) and counselling services intended to support the commercialisation of the implementation processes, such as marketing or legal services (co-funding amount of up to PLN 5 thousand). Priority area IX – Environment Particular emphasis in the presently discussed area should be placed on “Project Ecodriving – a drive towards green economy”, implemented in the period between May 1, 2014 and June 30, 2015. The primary aim of the project is to enhance the qualifications of 600 employees and entrepreneurs from 120 SMEs based in the Mazowieckie Province with respect to energy saving in business. The project is aimed at entrepreneurs and their employees within the SME sector, operating in the Mazowieckie Province, who have not previously taken advantage of support within the framework of Priority VIII of the HC OP, with support being aimed primarily at companies in the commerce and transportation sector, although other companies may also participate if they have the need to enhance the qualifications of their personnel. The activities performed within the framework of the project are intended to raise awareness of issues related to the ecological and economic aspects of ecodriving (ecological, energyefficient method of driving motor vehicles) and show entrepreneurs the scale of savings they may achieve thanks to this method of driving. Training provided within the framework of the project is free of charge – support is granted within the framework of de minimis aid (the project falls within priority areas VIII and IX of the SBA). SBA Priority Area X – Internationalisation Within the framework of support for entrepreneurs with respect to the access to foreign markets, the activities performed by the Wielkopolskie Province deserve a particular mention. These activities are performed according to a two-pronged scheme. They involve both the support of entrepreneurs based in the Wielkopolskie Province who seek information on the markets of other EU countries as well as on the markets of third countries and the provision of information to entrepreneur from Belgium that are willing to invest in the Wielkopolskie Province. The activities in question also include the promotion of the local enterprise in other European countries. In this regard, the Information Office of the Wielkopolskie Province in Brussels engages in cooperation with the Investors and Exporters Service Centre in Poznań, the Entrepreneurship Development Agency of the Wielkopolskie Province, The Polish Chamber of Commerce for Importers, Exporters and Cooperation as well as with the Trade and Investment Department of the Embassy of the Republic of Poland in the Kingdom of Belgium. The Information Office of the Wielkopolskie Province in Brussels has also established contact with the Flemish Agency for Trade and Investment. Priority areas and potential risks and dangers on the regional level 179 Entrepreneurship in Poland With respect to priority areas, the most significant measure to be implemented should be ensuring a more extensive and easier access to financing for SMEs through the greater use of Regional Guarantee Funds (RFP). This will translate, to a significant degree, to an more dynamic growth in the number of new enterprises and jobs. Significant restrictions placed on the operation of Funds substantially hinders the provision of support and the development of SMEs on a regional scale. The funds operate locally and can take advantage of a vastly more extensive knowledge on the needs of entrepreneurs and the barriers they face than large banks do, as they remain constantly in touch with the entrepreneur and, in the event of any trouble with the repayment of financial obligations, provide such entrepreneurs with professional support until the situation becomes stable once again. This means that the development of Regional Guarantee Funds may play a key role in the process of implementation of the tenets of the SBA. In addition, the majority of the support offered by the European Regional Development Fund (more than 60% of the allocated funds) should be provided to CT 1-4, i.e. R&D, innovation, SMEs, ICT, low-emission economy and RES. According to the data provided, inter alia, by the Lubuskie Province, particular emphasis should be placed on the phenomena which entrepreneurs (including participants of economic missions) keep pointing towards. In case of China, entrepreneurs need to become acquainted with the business culture and customs of Asia, in case of the US they need to take into account the need to pay for the protracted process of certification of Polish products (which regional authorities can do nothing about). In case of the American market, companies are interested in the intensification of business missions, although the approach they propose as the final solution is that entire groups of companies from the given industry – as opposed to single companies – should be promoted, as such groups of companies may subsequently present a joint offer on the U.S. market. Another issue touched upon in the Small Business Act which has not yet been examined in the Lubuskie Province are the barriers faced when attempting to encourage large companies to share their knowledge with the SME sector in order to allow small and medium companies to compete on the global markets. Yet another issue is the intensification of activities intended to ensure the professionalisation of business environment institutions (as well as the support of regional authorities) with respect to extending the scope of support of the process of internationalisation of enterprises. The decision to afford priority status to these activities and the implementation of a variety of projects may contribute towards the attainment of a more dynamic economic growth rate by the Lubuskie Province. With respect to the implementation of the SBA on the regional level, particular emphasis should be placed on the initiative launched by the Śląskie Province, which is preparing to establish a consistent system for the implementation of the Small Business Act at a regional level. The tenets of this system include, inter alia: • establishing a regional environment for the support of entrepreneurship; • appointment of a Regional Plenipotentiary for SMEs as well as an official working group; • establishment of a comprehensive information exchange system; • internationalisation; • implementation of the New Chance Policy; • support of the promotional efforts of regional entrepreneurs, in Poland and worldwide; • awards for enterprises based in the Śląskie Province.; • monitoring of SBA implementation in the region. The draft Small Business Act implementation system in the Śląskie Province is still at the design stage, which means that its final form may differ from the present one. However, it needs to be emphasized that, in the view of the local government of the province, this initiative remains a very interesting one and deserves to be popularised. 180