cee legislation tracker: poland

Status as of 03/07

Table of Content

• 1 Financial Support Measure
• 2 Capital Markets
• 3 Employment
• 4 Real Estate
• 5 Tax & Duties
• 6 Corporate
• 7 Competition
• 8 Courts and Authorities
• 9 Healthcare
• 10 Insolvency
• 11 Insurance
• 12 Intellectual Property
• 13 Telecom & Data Protection
• 14 Other

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1 Financial Support Measure

Financing programs announced by the Polish government:

• Subsidies for interest on bank loans - Entrepreneurs and entities operating in the sector of primary production of agricultural products affected by the effects of COVID-19 will be able to apply for bank loans with decreased interest rates (state aid). Entities by concluding agreements with local banks (or amending agreements which are in force to meet new requirements) until 31 December 2020 could receive up to EUR 800,000 of additional payments from the Polish National Development Bank (BGK). BGK will subsidize bank's interest rates for period not longer than 12 months, the amount of subsidies will depend on the type on an entity - 2% of the interest rates in case of SMEs and 1% in case of other entities (information in Polish )
• Credit holidays for consumers: consumers who lost their jobs or main source of income after 13/06/2020 are entitled to suspend repayment of credit instalments for 3 months (including no payments of interest or other fees).
• From 29/04: Third reduction of interest rates
• reference rate at 0.10% on an annual basis;
• lombard rate at 0.50% on an annual basis;
• deposit rate at 0.00% on an annual basis;
• rediscount rate at 0.11% on an annual basis;
• discount rate on bills of exchange at 0.12% on an annual basis.
• From 9/04 to 28/04: Second reduction of interest rates (archive rates in Polish and English)
• 18/03 to 8/04: First reduction of interest rates by (archive rates in Polish and English).

Financing programs announced by the Polish government:

• Additional equity, guarantees, financing or purchase of shares from the special fund maintained by Polish Development Fund (Polski Fundusz Rozwoju) for:
• microenterprises up to PLN 324 thousand for 3 years (information in Polish);
• SMEs up to PLN 3.5 million for 3 years (information in Polish);
• big enterprises (information in Polish)
• up to PLN 1 billion for liquidity financing in the form of loans or bonds for 2 years (possible extension to 3 years) or
• up to PLN 750 million for preferential financing in the form of preferential loans for 3 years or
• up to PLN 1 billion for investment financing in the form of equity (shares or stock) on arm's length basis or as the state aid
• Creation of a restructuring fund by the BGK for Polish companies. The program will comprise of a guarantee scheme, loan subsidies scheme and support form EU funds (information in Polish)
• Financing from Industrial Development Agency (Agencja Rozwoju Przemysłu, ARP) for SMEs: revolving loans for financing remunerations and deficits in working capital; transport companies - for refinancing existing operating lease agreements (information in Polish).
• Support for entrepreneurs: Support can be granted by the ARP in form of i.e. loans, guarantees, surety or other instruments (except for those offered by banks or insurers) for the time of the state of epidemic (threat) and for 12 months after the state of epidemic (threat) is revoked, until the negative impacts for entrepreneurs cease. Details one the support are to be set in an agreement concluded with ARP.
• PLN 5,000 loans for microenterprises from the Labour Fund at a low interest rate (annual 0,05 rediscount rate for bills of exchange accepted by the National Bank of Poland). In case an entrepreneur continues to conduct business activity for 3 months after the loan is granted then the loan with interest is amortized (rules changed on 18 April but they apply to loans granted before this date)
• From 9/04: Second reduction of interest rates by the National Bank of Poland
• reference rate at 0.50% on an annual basis;
• lombard rate at 1.00% on an annual basis;
• deposit rate at 0.00% on an annual basis;
• rediscount rate at 0.55% on an annual basis;
• discount rate on bills of exchange at 0.60% on an annual basis.
• 18/03 to 8/04: First reduction of interest rates by the National Bank of Poland (archive rates in Polish and English).
• The Polish Bank Association ("ZBP") published on its website (in Polish) suggested measures to be taken by Polish banks, e.g. the suspension of the payment of loans, leasing, factoring, facilitating the contact by the electronic means of communication, etc.
• Supervisory Stimulus Package ("SSP") for Security and Development to support the banking sector by the Polish Financial Supervision Authority ("KNF")

1. Banking sector: (full information in English and in Polish)
• Day-to-day supervision: update of KNF's inspection plans (possible reductions of inspections); minimized or postponed certain supervisory tasks; extended deadline (by 6 months) for banks to adapt to the EBA Guidelines on outsourcing; the current special circumstances will be considered when deciding to postpone the time limits for updating recover plans and for meeting other requirements
• KNF Board is ready to extend the time limit for implementation of Recommendation R,
• KNF will be considering: the external circumstances and the bank’s endeavours to continue to finance the economy in case of temporarily operating below the combined buffer requirement; and the possibility of consumption or reduction of an O-SII buffer.

• KNF may agree to a change in the structure of the Pillar 2 Requirement on own funds (P2R, the add-on) and the possibility that the P2R will be covered by CET1 capital
• KNF will approach the required liquidity buffer on a case-by-case basis, considering external circumstances, and will adequately adapt its supervisory response if a bank’s LCR falls below the regulatory standards.
• KNF's statement on financing corporate clients by the banks in the face of coronavirus pandemic (information in Polish)
• Entrepreneurs and NGOs (until 18/04 microenterprises and SMEs): conditions and terms of loan/credit agreements may be changed by the bank in case the loan/credit was granted before 8/03/2020 and the change is caused by the assessment of the financial and economic standing made by the bank not earlier than 30/09/2019. KNF published its statement and recommendation on this provision on 8/04 in Polish.

2 Capital Markets

• Stock exchanges: entities operating on the regulated market can change internal rules at least 3 business days before their entry into force. KNF can extend this period but no longer than to 2 weeks. (from 18/03)
• From 18/04: Investment funds can hold the following meetings via the means of electronic communication:
• Open Investment Funds: general meetings;
• Specialist Open Investment Funds: supervisory board meetings and general meetings
• Closed Investment Funds: supervisory board meetings and general investors meetings
• Supervisory Stimulus Package ("SSP") for Security and Development to support the capital market by the Polish Financial Supervision Authority ("KNF")

Capital market (full information in English and in Polish)

• KNF will review the supervisory processes to minimize the obligations of supervised entities (day-to-day reporting), postpone scheduled non-reporting activities and update the inspection schedule
• Extended deadline (by 6 months) for brokerage houses to adapt to the EBA Guidelines on outsourcing
• KNF will adopt a pragmatic approach to the postponement of various supervisory deadlines and will take into consideration the impact of COVID-19 pandemic in case of breaches of capital adequacy standards
• Annual supervisory assessments to be carried out in 2020 will be based on simplified ratings and will take into account the extraordinary circumstances related to the COVID-19 epidemic.

3 Employment

3.1 General employment

Employers may instruct their employees (employed under employment contracts) to work from home for a specified period as a form of remote working. This form of working will be applicable for 180 days after 31/03. From 24/06 regulation of working from home:

• employer can at any time undo the instruction to work from home,
• employer can instruct the employee to record work tasks (describe the task, indicate date and execution time) in a specified form and frequency,
• devices and other materials should be provided by the employer,
• employee may use his/her own devices and other materials only if there can be guaranteed data protection, protection of enterprise secrets and protection of other sensitive information,
• in particular, remote work can be carried out using means of direct distant communication or involve the performance of manufacturing parts or material services.

During the state of epidemic (threat):

• Non-competition: parties can terminate with a 7-day notice non-competition agreements, which come into force after termination of employment contracts and other civil law agreements.
• Severance pays and other compensations: cannot exceed 10 times the amount of minimum wage (PLN 26,000).
• Mandatory holidays: employers can send employees on overdue holiday leave for up to 30 days without employee's consent and excluding the holiday plan.
• Suspension of certain obligations regarding the social benefit fund, making basic write-offs and payments of holiday benefits
• Subsidy of salaries by the state in the amount of up to 40% of the average monthly salary for employers (incl. NGOs) who suffered reduction in economic turnover and for 3 months in case of employers who (i) reduced work time or (ii) were affected by economic downtime (further exclusions and requirements apply).
• Subsidies can also be granted to employers who suffered reduction in economic turnover and did not decide to introduce reduced work time or economic downtime, subsidy can cover the amount of ½ salaries but no more that up to 40% of the average monthly salary.
• Employers can reduce employees' work time or introduce economic downtime if they suffered a decrease in revenues from the sale of goods or services as a result of the occurrence of COVID-19 and therefore have a significant increase in the remuneration fund burden. In this case employers can also apply for the subsidies from the state to the employees' salaries, provided that they meet additional requirements
• Certain employers can change working time, order additional overtime, oblige the employee to an on-call shift or to rest in a designated place (further exclusions and requirements apply).
• Suspension of the periodic examination of the employees.
• Health and safety: (i) preliminary training can be conducted via the electronic means of communications except for on-the-job trainings for blue-collar workers or employees employed in a position where there is exposure to hazardous factors; (ii) annual trainings, which should be conducted during the state of epidemic (threat) or during the 30-day period after the state of epidemic threat (in case state of epidemic is not announced) or state of epidemic is revoked are postponed and can be conducted within 60 days after the state of epidemic threat (in case state of epidemic is not announced) or state of epidemic is revoked. Any documents confirming the possession of specific qualifications or qualifications which expired after 7 March 2020 are extended but no longer than until 60 days the state of epidemic (threat) is revoked.
• Young employees undergoing vocational training are released from work (for the time of temporary limitation or school closure). From 24/06: exceptions for certain young employees.
• Extended employment contract if in accordance with the Succession Management Act no succession management has been established upon the death of the employer, new written agreement has to be concluded within 30 days after the state of emergency ends.

3.2 Social security' contributions and reliefs

• Deductions from remunerations: in case employee's remuneration was decreased due to measures which were taken to prevent COVID-19 infection or if a member of the employee's family lost his/hers source of income, then the limits for deductions are increased by 25% for each family member with no income being dependant on this employee.
• Social security contributions for period from 1/03 to 31/05: (i) paid in full by the state if employed less than 10 people; (ii) paid 50% by the state if employed from 10 up to 49 people. Contributions paid for this period will be returned.
• Entrepreneurs can file application via the internet to defer payments of social security contributions for 3 months (contributions for 02/20 until 04/20) or suspend payments under contracts with the Polish Social Insurance Institution for 3 months
• Social security contributions: non-accrual of extension fees for applications submitted from 14/03 or 30-days after the state of emergency ends
• Self-employed and people working under civil law contracts: special stoppage relief in the amount of 80% of the minimal remuneration – approx. PLN 2,000 (approx. EUR 450). Relief can be granted up to 3 times.
• Self-employed, who do no not have any employees, can apply to have part of their costs co-financed by the state in case of turnover decrease for no longer than 3 months (further exclusions and requirements apply).
• Additional care allowance: Parent released from the obligation to perform professional work to care for a child (up to 8 years old), whose school or preschool was closed, will receive additional care allowance. Care allowance can be granted for the period of (pre)schools or other facilities closures but no longer than until 28/06 From 31/03 additional care allowance also for guardians (other insured) released from the obligation to perform professional work to care for disabled child up to 18 years old or disabled adults, whose schools or other facilities were closed. From 25/05 the additional care allowance will be applicable only for those who take care of disabled child up to 18 years old or disabled adults.
• Special compensations for occupational workshops
• Postponed implementation of Employee Capital Plans for medium enterprises to 1/10

3.3 Temporary recommendations and obligations for employers

• National Labour Inspectorate published guidelines for employers on measures which should be applied before employees return safely to work. The guidelines include taking steps such as: (i) risk assessment (identification of physical, biological, chemical and psychosocial hazards); (ii) creation of action plan on security and control measures (technical, organizational and behavioural measures, personal protection equipment, and anti-epidemic activities); (iii) informing employees on introduced changes and new procedures, providing new trainings if necessary; (iv) minimisation of threats by e.g. performance of only key works, keeping distance, providing services via means of remote communication. Full information is available on the Inspectorate's website (in Polish).
• From 2/04: All employees are obliged to wear protective gloves or be supplied with sanitizers. Each workplace has to be at least 1.5 meters away from another workplace, if the distance cannot be kept due to the character of performed works, then personal protective equipment has to be available.
• From 26/04: employees working in public administration offices, retail or services can wear visors in case their work station is separated from clients or applicants by an additional protective cover.

4 Real Estate

• During the state of epidemic (from 20/03) it can be ordered to provide access to real estate, premises and land to combat the epidemic (only if it was stipulated in the local plan of actions in the event of an epidemic).
• During the ban on operating in shopping centers all mutual obligations of the parties to the lease agreements expire as of the day the ban was introduced. Once the ban is revoked, the lessee should submit to the lessor a binding offer to extend the contract under the current conditions for the duration of the ban and additional six months. If such offer is not submitted within 3 months from the ban revocation, then all lessee's obligations are reinstated.
• The term of lease agreements expiring after 31/03 is extended to 30/06 on the current terms and conditions upon lessee's request. As of 31/03 termination of the lease agreement by the lessor is restricted until 30/06 (except for situation when the lessee uses the premises contrary to the lease agreement or the termination is related to necessary demolition or renovation of the building).

5 Tax & Duties

• Perpetual usufruct fees – the annual fee for 2020 postponed to 31/01/2021; entrepreneurs can apply for reduction of the perpetual usufruct fee or even exemption from rent, lease or fees (further requirements apply)
• Local duties: Certain entrepreneurs and NGOs may: (i) be exempted from paying local real-estate taxes for a part of 2020 in case their financial liquidity has deteriorated due to negative economic impacts caused by COVID-19, (ii) have their deadline to pay the local real-estate tax for April-June postponed, no longer than until 30/09
• Extended deadlines and periods:
• Prolonged period for issuing individual tax rulings by 3 months. This regards applications which were already submitted and not considered before the 31/03
• Deadlines for filing tax schemes (within the meaning of article 86a(1)(10) of the Polish Tax Ordinance) do not start and the commenced ones are suspended – from 31/03 until the end of epidemic state but not longer than until 30/06
• Information on (local) transfer prices can be filed until 30/09 in case of entrepreneurs whose financial year started after 31/12/2018 and ended before 31/12/2019. The deadline to attached group transfer pricing documentation to the information on local transfer prices is extended to 31/12/2020 in case of entrepreneurs whose financial year started after 31/12/2018 and ended before 31/12/2019.
• Extended deadlines for filing information on payments in amounts above PLN 15,000 to bank accounts not disclosed on the "VAT white list" from 3 days to 14 days
• Introduction of retail sales tax deferred to 01/01/2021
• Entrepreneurs can obtain concessions in repayment of tax liabilities in connection with COVID-19, pursuant to the provisions of the Polish Tax Ordinance. Such concessions will constitute public aid and therefore will allow entrepreneurs to request public aid up to EUR 800,000.
• Corporate Income Tax
• Revenues from the exemption from the obligation to pay social security contributions, do not constitute income within the meaning of the provisions on Corporate Income Tax.
• The conditions to be regarded as a capital group are met if a taxpayer suffered in 2020 negative economic consequences due to COVID-19.
• Possibility to reduce certain amount of loss, new tax exemption limits and additional tax exemptions
• Extended period to file annual CIT-8 and payment of tax to 31/05
• Personal Income Tax
• Revenues from the exemption from the obligation to pay social security contributions, do not constitute income within the meaning of the provisions on Personal Income Tax.
• Possibility to reduce certain amount of loss, new tax exemption limits and additional tax exemptions
• Transfer of advances for Polish Income Tax for March and April 2020 may be deferred until 1/06 in case tax remitter was affected by COVID-19 crisis.
• Deadline for payment of tax on the revenues from the buildings for 03-05/2020 is prolonged until 20/07

6 Corporate

• 24/06: The term of office of foundations management board (and other bodies), and cooperative's authorities which expires during the state of epidemic (threat) or within 30 days after the state of epidemic (threat) is revoked is prolonged but no longer than for 60 days after the revocation of the state of epidemic (threat).
• Dematerialisation of shares in joint-stock companies.
• From 24/06: Suspension of provisions of dematerialisation of shares for Companies which as of 30/09/2020 are bankrupt and did not make the first call to deposit shares.
• From 18/05: postponement of certain obligations. First call to deposit shares has to be made until 30 September 2020 and therefore the general meeting has to choose an entity that will maintain the registry of shareholders and the management board to sign the agreement until 30 September 2020. All (collective) share certificates are valid until 1 March 2021.
• 18/04:
• Subscription orders for shares in joint-stock companies can be drawn-up and submitted in electronic form
• Cooperatives - general meetings (or meetings of representatives) can adopt resolutions in writing or via the means of electronic communications, provided that management board or supervisory board ordered to adopt resolutions via these means. Applicable only during the state of epidemic (threat).
• Foundations and societies authorities can adopt resolutions via the means of electronic communications provided that each member consented to this in a document form. Applicable only during the state of epidemic (threat).
• Management board and supervisory board meetings (LLCs and JSCs):
• Meetings can be held via the direct means of distance communication.
• Resolutions can be adopted in writing, by direct means of distance communication or via another member. From 18/04 this applies also to resolutions which should be adopted by the supervisory board in a secret ballot, unless at least one member objects.
• Solutions applicable to all companies unless the company's articles of association state otherwise.
• Shareholders' meetings (LLCs and JSCs):
• Shareholders' can take part in meetings via the means of electronic communication, unless the company's articles of association state otherwise.
• Supervisory board or shareholders (in case of no supervisory board) need to determine in the internal regulations the detailed rules of participation in the meetings via the means of electronic communication.
• Financial statements and annual shareholders' meetings
• Minister of Finance postponed the statutory deadline for drawing up financial statements by 3 months, and in case of entities which remain under the supervision of the financial market by 2 months.
• The deadline for holding the annual shareholders' meeting is postponed by 3 months, and in case of entities which remain under the supervision of the financial market by 2 months.
• Registry of Beneficial Owners – the statutory deadline for making first filing for entities registered in the register of entrepreneurs before 13/10/2019 has been postponed by 3 months, i.e. to 13/07

7 Competition

• Foreign Direct Investment screening – new rules from 24/07
• The new restrictions on M&A transactions applicable for 2 years to acquisitions of companies from the key industries for maintaining safety, order and public health, which revenues exceeded the equivalent of EUR 10 million in any of the two financial years preceding the interest to take over.
• Entities from outside of EU / EEA / OECD (or their subsidiaries) have to notify their prior intention to acquisition of control or an acquisition of a significant participation, including a share of at least 20 % in protected entities to the President for the Office for Competition and Consumer Protection ("President of the OCCP").
• Penalties for making acquisitions contrary to these new provisions: fine up to PLN 50 million (approx. EUR 11 million) or imprisonment from 6 months to 5 year, or both these penalties.
• See more details in our Knowledge Database "foreign direct investment screening in cee"
• President of the OCCP has been granted access to tax files in connection with the ongoing proceedings.
• Payment of interest: big enterprises cannot demand statutory interest for payment periods longer than 30 days; applies also to contracts concluded before 24/06, for which the deadline has not expired before 24/06.
• 18/04: Special regulations for entities implementing project co-financed from European Funds, which will allow to facilitate carrying-out and settling projects.
• 8/04: European Commission approved Polish state aid scheme - PLN 3.5 billion for loans and guarantees to support Polish economy (full press release in Polish and English)
• Maximum prices and margins for certain goods and medical goods
• Maximum prices can be set at distribution and/or retail level for goods and services of great importance to the protection of health, safety of people or household costs.
• Maximum prices which will include taxes and official margins can be set for certain medical products, foodstuffs intended for particular nutritional uses, biocides or pharmaceutical raw materials, which can be used to fight COVID-19 or if they are not available due to COVID-19 (except for the items on the refunded list).
• Administrative fine of PLN 5,000-5,000,000 (approx. EUR 1,100-1,100,000) for selling products at higher prices.
• President of the Office for Competition and Consumer Protection ("OCCP") can impose additional fines in case of multiple instances of selling products at higher prices or for selling products at extremely high prices (fine up to 10% of the last year turnover) or for not presenting requested information to the President of the OCCP, presenting wrong or misleading information, or for precluding or obstructing inspections (fine in the amount of 5% of the last year income but not more that PLN 50,000,000 – approx. EUR 11,000,000).
• Applicable to medical goods as of 25/03, and to other goods as of 31/03
• New rules for non-interest consumer credit costs – set of the maximum amount of costs in case of credits taken out for no less than 30 days and some new credits. Infringement of new rules can be regarded as an act of unfair competition. Applies for 365 days after 31/03.

8 Courts and Authorities

Civil and Criminal Courts

8.1 From 23/05: resumed all previously suspended judicial and procedural deadlines, including enforcement proceedings and criminal law proceedings (including fiscal criminal proceedings and misdemeanours cases).

8.2 From 16/05:

• resumed limitation on criminal liability and execution of the sentence in crime cases and misdemeanors, and fiscal offences and misdemeanors;
• Civil proceedings: courts can make rulings on closed sessions (i) if evidentiary proceedings were conducted in full; and (ii) after receiving from the parties or participants in the proceedings their views in writing.

Civil proceedings: Introduced possibility to hold online hearings during the state of epidemic (threat) and one year after the latter was revoked. Further details will be introduced in the implementing acts.

Authorities and Administrative Courts

8.3 Hearings and proceedings during the state of epidemic (threat):

• From 23/05: resumed all previously suspended judicial and procedural deadlines in administrative court proceedings, administrative proceedings
• From 16/05: Introduced possibility to hold online hearings during the state of epidemic (threat) and one year after the latter was revoked. Further details will be introduced in the implementing acts.

8.4 16/05: During the state of epidemic (threat) notary public can print any electronic document received from the public authority and certify date on this document in case this document is necessary to perform notarial activity.

8.5 Minister of Health and Prime Minister can issue orders applicable to legal entities, organizational units without legal personality and entrepreneurs in connection with counteracting COVID-19. Such orders (even verbal or in a form of annotation, phone call or electronically) are issued as administrative decisions, which are immediately enforceable upon the moment of delivery of announcement, and do not require justifications. Performance of ordered tasks is based on an agreement concluded with the government and is financed from public funds (from 18/04).

8.6 Limitation in the functioning of public administration

Heads of public administration offices can limit the functionality of their offices on their own. The limitations have to be announced of the office's website and on the premises of the office, and cannot concern a number of matters set out in the Council of Ministers Regulation of 2 May 2020, e.g. architectural and construction administration, functioning of the labour offices, environmental protection, vehicle registration and other communication documents.

8.7 18/04:

• Possibility to deliver print outs of documents signed with electronic signatures.
• Public administration can: (i) share files via electronic means of communication; (ii) conduct some activities which require personal presence via an audio-visual transmission; (iii) waive the requirement of active participation only in case all parties waived this right too.
• Court or state institution while conducting proceedings or control may set a time limit other than the statutory one to perform an action.

9 Healthcare

9.1 Medicinal products

• Minster of health has authority to set the maximum price for the medical safety equipment.
• Prohibition on the export of medicines, medical devices and foodstuffs intended for particular nutritional uses (the "anti-export list") listed in the Minister of health's announcement (list as of 12/06)
• Criminal liability for prohibited export against of products on the "anti-export list": imprisonment from 3 months to 5 years in case of medicines; and imprisonment up to 2 years in case of medical products and food.
• Suspension of all deadlines until 31/08 in the proceedings under the law on reimbursement of medicines, food intended for particular nutritional uses and medical products, which were commenced and were not finished before 08/03 or between 08/03 and 15/08.

9.2 Public procurement

• From 24/06: during the state of epidemic (threat) announced in connection with COVID-19, and for 90 days from the date its cancellation:
• Prohibition of: (i) deducting contractual penalties (reserved in the event of non-performance or improper performance of the contract) from the contractor's remuneration or other amounts due; and (ii) seeking satisfaction from the securities established for the due performance of the contract;
• Suspension of the limitation period for the contracting authority's claims;
• From 24/05: the contracting authority initiates the open tender procedure by placing a contract notice just on its website.
• Contracts concluded pursuant to public procurement law must be renegotiated if COVID-19 causes difficulties to properly perform the contract. The parties must notify each other about these difficulties and present certain documents as a proof. Ordering parties will not be penalized for lack of enforcement of contractual penalties.
• Exclusion of the public procurement rules in case of services or orders necessary to overcome COVID-19 if there is high possibility of fast and uncontrolled spread of the disease or if the safety of public health demands it.
• During the state of epidemic (emergency) agreements are concluded in written form or if the ordering party consents in qualified electronic form

9.3 Other

• Special rules for disposal of medical waste disposal produced in connection with counteracting COVID-19
• Voivode may change or exclude the set requirements for selective waste collection
• Extended deadline for filing reports pursuant the act on biocomponents and liquid biofuels – by 30-calendar days
• Extended terms of validity for qualification certificates of persons operating the electricity networks whose certificates expire between 1/03 and 30/12 to 31/12. The checking of qualifications can be carried out remotely. Qualifying committees, whose appointment period expired form 1/03 to 30/12 is extended to 31/12.

9.4 Regulatory (energy and fuels)

• Concessions for i.e. production of fuels or energy, storage of gas fuels, transmission or distribution of fuels or energy, trade of fuels or energy (as stipulated in Energy Law, with exclusions) which expire during the state of epidemic (threat) are extended to 31/12/2020 if an entity files for an extension at least 30 days prior to the expiry of the concession.
• Proceedings to be granted a concession pursuant Energy Law – the deadline for any supplementation of an application, in case of proceedings which were commenced but not finished, is extended by 60 days after the state of epidemic (emergency) is revoked. Any deadline for supplementation in case of proceedings commenced after 18/04 and until 31/12 is 60 days.
• Certain reports and information required under Energy Law and Law on Biocomponents, liquid biofuels or can be filed via emails during the state of epidemic (threat) and for 14 days after this state is revoked.
• Natural gas - information for Q1 2020 on the implementation of contracts for the purchase of natural gas from abroad for the last quarter, including prices and quantities of natural gas purchased has to be filed by energy companies trading in natural gas with foreign countries and an entity importing natural gas has to be filed within 30 days after the end of Q2 2020.
• Natural gas – new deadlines for certain obligations arising from the Act on stocks of crude oil, petroleum products and natural gas, and rules of conduct in situations of threat to national fuel security and disturbances on the oil market.

10 Insolvency

Simplified restructuring proceedings (24/06) – introduction of "simplified proceedings" for entrepreneurs threatened with insolvency. The proceedings include minimum participation of the court and are based on the cooperation with a restructuring advisor acting as an arrangement supervisor. The core of these proceedings is extensive protection of the debtor against enforcement proceedings (incl. claims secured in kind) for 4 months after publishing an announcement in the Court and Economic Journal. Within these 4 months entrepreneur has to enter into arrangement with creditors and file it to the court for approval.

Suspension of deadline to file an application for bankruptcy if the prerequisites for bankruptcy arose during the state of epidemic (threat) and the insolvency arose due to COVID-19. The deadline starts or resumes after the state of epidemic (threat) is revoked. Suspension of deadline to file an application for bankruptcy if the prerequisites for bankruptcy arose during the state of epidemic (threat) and the insolvency arose due to COVID-19. The deadline starts or resumes after the state of epidemic (threat) is revoked.

11 Insurance

Supervisory Stimulus Package ("SSP") for Security and Development to support the insurance industry announced by KNF:

• KNF will relax certain capital requirements and will offer fast-track procedures related to approval of auxiliary own funds and LTG measures.
• KNF will not start new inspections while other supervisory measures (especially those requiring burdensome involvement of the insurer) will be limited or postponed. Full information in English and Polish

KUKE, a Polish company specialised in granting export insurances backed by the Polish government, will insure 100% of the commercial and political risks for exporting Polish companies (and the financing of export transactions) created by COVID-19. It concerns all export projects undertaken by Polish companies with a credit repayment period of two years or more.

12 Intellectual Property

From 24/06: Polish Patent Office can also issue documents in electronic form under the Industry Property Right.

Polish Patent Office:

• All hearings in litigations cases before the Patent Office are cancelled (from 16/03; information in Polish)
• Suspension of deadlines to file opposition to the trademark application, to submit to the Polish Patent Office the Polish translation of European patent, limited or changed European patent (from 8/03 to 30/06)

More details on the current status of proceedings and deadlines in our newsletter.

13 Telecom & Data Protection

18/04:

• obligation for operators (within meaning to telecommunication laws) during the state of epidemic (threat) or state of natural disaster to provide upon request from the Minister of Digitization without the consent of the end-user:
• the location data (covering period of the last 14 days) of the telecommunications device of the end-user suffering from COVID-19 or covered by quarantine;
• anonymized data on the location of end-user terminal equipment.

14 Other

14.1 Restrictions on conducting business activity

• 4th steep of defreezing Polish economy under special sanitary regime:
• From 30/05: opened restaurants and bars in the hotels.
• From 1/06: allowed domestic air travel.
• From 6/06: opened: cinemas, theatres, operas, ballets, massage salons and tattoo parlors, saunas, swimming pools, gyms and other fitness clubs, amusement park.
• From 18/05 – 3rd step of defreezing Polish economy under special sanitary regime: restaurants, cafes, bars, hairdressers, barbers, beauty salons, art galleries, casinos, drive-in theaters and "closed sport infrastructure" (sports halls) can be opened.
• From 4/05 – 2nd step of defreezing Polish economy under special sanitary regime
• Hotels and other places offering accommodations can provide services limited to accommodations and serving food to the rooms, while restaurants (until 30/05), sport centers, spas and other entertainment centers have to be closed (until 06/06).
• In shopping centers (larger than 2,000 sqm) all shops and places providing services can be opened, except for travel agencies, gyms, hairdressers, barber shops, tattoo parlors and beauty studios. Commercial stands (islands) can be opened if they meet special requirements.
• Limited availability of certain "open sport infrastructure", e.g. tennis courts, gold courses, boats, sports fields, horse studs or external infrastructure for motor sports.
• Museums, archives, libraries can be opened.
• From 01/04 to 06/06:
• all tattoo parlors - have to be closed
• From 14/03 to 06/06:
• all cinemas, theatres, clubs, recreational centers have to be closed
• From 21/03 to 3/05 - in shopping centers (larger than 2,000 sqm):
• all stores had to be closed except for those selling primarily: food; cosmetics other than beautifying and perfumes; toilet articles; cleaning supplies; medicinal products (including pharmacies and pharmacy points); medical devices/components; foods for particular nutritional uses; newspapers; construction or renovation articles; articles for pets; fuels
• services could not be provided except if the activities concern primarily services such as: medical, banking, insurance, postal, laundry or catering (in form of food preparation and delivery)
• all commercial stands (islands) – had to be closed
• From 14/03 to 20/03 in shopping centers (larger than 2,000 sqm):
• all stores selling primarily: textiles; clothes; footwear and leather products; furniture and lighting; electronics home appliances; stationery and books - had to be closed
• gastronomic and entertainment activities could not be conducted

 

Kindly note that the summaries on this page are for information purposes only and do not take into account the specifics of a certain situation. The information is not designed to substitute and cannot substitute legal advice tailored to your needs. It is made available strictly on a non-reliance basis. Also, some of the addressed topics might be subject to short-term changes.

This article is part of our coronavirus-focused legal updates – visit our coronavirus infocorner to get more info!