DOCUMENT OF THE EUROPEAN BANK
FOR RECONSTRUCTION AND DEVELOPMENT
STRATEGY FOR POLAND
As approved by the Board of Director...
TABLE OF CONTENTS
EXECUTIVE SUMMARY .........................................................................................
EXECUTIVE SUMMARY
Poland is committed to and applying the principles of multiparty democracy,
pluralism and market economi...

Promoting the low carbon economy. Coal still accounts for more than 80 per
cent of Poland’s primary energy supply and t...
1.
THE BANK'S PORTFOLIO
1.1.
Overview over Bank activities to date
As at the end of June 2013 the Bank has signed a to...
Table 2: Portfolio Development in Poland, 2010-2013
Amount in EUR million
2010
2011
2012
June 2013
Net Cumulative Bus...
The Bank was particularly keen to address the demand side by reducing energy
waste, thereby reducing greenhouse gas emissi...
banks remains limited. The outcome however was less satisfactory than expected, out
of 4 projects approved by the Bank dur...
energy, where the legal works is still on-going) and the reluctance of commercial
banks to finance such projects. The Bank...
Figure 1. Targeted transition objectives in Poland (share of projects), Dec 2010 –
June 2013
The Bank regularly monitors ...
among others, includes successful delivery of rural finance to farmers across the
country and provision of MSME sub-loans ...
Prime Minister Tusk subsequently implemented a wide-ranging government reshuffle
in November 2013, removing six ministers,...
of about PLN 10 bn (EUR 2.5 bn) capitalised through state assets. The same amount
will be injected into the state developm...
In the power sector the government’s resolve to stimulate competition and unbundling
has been erratic. The restructuring a...
Figure 2. EBRD transition indicators for Poland
Source: 2013 OCE Assessment of Transition Challenges
For a detailed asse...
Development Program is the most important, as it targets the problems faced by
entrepreneurs and companies.
Poland was ran...
Total health care expenditure stood at about 6.9 per cent of GDP in 2011 (one of the
lowest among the CEB economies), of w...
also has one of the lowest GDP/CO2 emissions ratios in the EU, indicating the
considerable potential for improving energy ...
The Bank’s additionality also stems from the shortening in maturities of bank funding
and the limited market appetite for ...
change. In a context of narrowing transition gaps, the Bank will seek to demonstrate
the potential for cross-cutting impac...
Bank’s operational response
In view of the challenges outlined above, and in line with international efforts to
tackle cli...
3.2.
Enhancing the private sector’s role in the economy
Key challenges





State involvement in the economy i...
or revenue bonds).
The Bank will very selectively consider engagement with companies that have strong
growth potential and...



Several commercial banks continue to run large mismatches in terms of maturities
and open currency exposures as a...
3.4.
Environmental and social implications of the Bank’s proposed activities
Poland has made substantial progress in add...
Portfolio inflows to Poland increased to 3.4 per cent of GDP in 2012, as increase by
nearly one percentage point over 2011...
Private pension and investment funds in Poland are also limited in scale and scope.
The assets of mutual funds amounted to...
EIB
Cooperation between EBRD and EIB has been very successful to date. Both
institutions have different but complementary ...
infrastructure). The new strategy programme is aligned with the Government’s own
priorities as well as with the EU 2020 ag...
ANNEX 1 – POLITICAL ASSESSMENT
Poland is committed to and applying the principles of multiparty democracy,
pluralism and m...
constitutional authority to initiate legislation and to veto it; presidential vetoes can be
overturned by a vote of two-th...
Independent pluralistic media that operates without censorship
The Polish Constitution guarantees freedom of expression, a...
Independence of the judiciary
The independence of the judiciary is enshrined in the Polish Constitution and
generally uphe...
ANNEX 2 – ASSESSMENT OF TRANSITION CHALLENGES
The table and the supporting text below provide an overall assessment of Tra...
due to the economic slowdown and volatility of commodity prices. The retail sector is
well developed with many big foreign...
awareness of the sustainability issues is also good. However, relatively little progress
has been made regarding refurbish...
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POLONIA: DOCUMENTO B.E.R.S.

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  • 1. DOCUMENT OF THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT STRATEGY FOR POLAND As approved by the Board of Directors at its meeting on 17 December 2013
  • 2. TABLE OF CONTENTS EXECUTIVE SUMMARY ......................................................................................... 1  1.  THE BANK'S PORTFOLIO ............................................................................. 3  1.1.  Overview over Bank activities to date ........................................................... 3  1.2.  Implementation of the previous Country Strategy ......................................... 4  1.3.  Transition impact of the Bank's portfolio ...................................................... 7  2.  OPERATIONAL ENVIRONMENT ................................................................. 9  2.1.  Political context ............................................................................................. 9  2.2.  Macroeconomic context ............................................................................... 10  2.3.  Structural reform context ............................................................................. 11  2.4.  Business environment .................................................................................. 13  2.5.  Social context ............................................................................................... 14  2.6.  Legal context ................................................................................................ 15  2.7.  Energy efficiency and climate change context ............................................ 15  3.  STRATEGIC ORIENTATIONS ..................................................................... 16  3.1.  Promoting the low carbon economy ............................................................ 18  3.2.  Enhancing the private sector’s role in the economy .................................... 20  3.3.  Assisting in the development of a sustainable financial sector.................... 21  3.4.  Environmental and social implications of the Bank’s proposed activities .. 23  4.  ACCESS TO FINANCE ................................................................................... 23  4.1.  Private sources of capital ............................................................................. 23  4.2.  Cooperation with the European Union ........................................................ 25  4.3.  MDB finance and collaboration with other IFIs .......................................... 26  Annex 1 – Political Assessment ................................................................................. 28  Annex 2 – Assessment of Transition Challenges ..................................................... 32  Annex 3 – Legal Transition ....................................................................................... 43  Annex 4 – Technical Cooperation ............................................................................ 47  Annex 5 – Selected Economic Indicators ................................................................. 48  Annex 6 – Gender Equality ....................................................................................... 49
  • 3. EXECUTIVE SUMMARY Poland is committed to and applying the principles of multiparty democracy, pluralism and market economics in accordance with Article 1 of the Agreement Establishing the Bank. Poland is an advanced transition country which has made significant strides in developing a well-functioning market economy embedded in a stable and accountable democratic political regime. Poland implemented the body of European Union market regulation prior to its accession in 2004, and has subsequently benefited from integration into the EU internal market through substantial capital inflows and growing trade shares with the rest of the EU. Although the country came through the global financial and economic crisis without suffering a recession, Poland’s future growth path now appears less assured than in the immediate aftermath of that crisis. European financial markets still pose risks, as evident in the disruptions to bank ownership to which the Bank helped respond. While a reform agenda is underway, consistent implementation may prove difficult. Substantial EU funds will continue to flow to Poland in the coming seven year financial perspective; however, absorption will be largely dependent on the state’s capacity for mobilising off-budget co-financing. Important sectors of the Polish economy require further modernisation, evident in low energy efficiency and below EU-average private sector involvement. Further restructuring and privatisation in some industrial and infrastructure segments is also needed. In this context the Bank remains highly additional in a number of sectors, and its engagement has been focused on sectors with the highest transition value. The Bank has provided policy advice and support to important reform initiatives, in areas such as capital market development, privatisation and sustainable energy. While Poland is among the most advanced transition countries, transition gaps still remain. Furthermore, graduation has been delayed by the financial crisis. Poland remains committed to graduation which will constitute a recognition of its successful transition path to a well-functioning market economy and a good example for EBRD’s other countries of operation. The Bank’s priorities in Poland will be appropriately targeted to reflect this trajectory as well as the country’s systemic importance in Central Europe, including promoting trade and investment linkages with the rest of the region. Reforms successfully implemented here will have visibility and wider significance in other countries confronting similar challenges. Strategic directions As Poland is an advanced transition country, the Bank’s activities in the next Strategy period will be focused on a limited number of priorities, enabling it to provide support in those areas where transition challenges remain significant and where reforms can be deepened to improve energy efficiency, strengthen Poland’s competitiveness and expand its export potential. In the new Strategy period the Bank will focus its activities on the following cross-cutting challenges in Poland: 1
  • 4.  Promoting the low carbon economy. Coal still accounts for more than 80 per cent of Poland’s primary energy supply and the economy remains among the least energy efficient in the EU. Promoting low carbon solutions, energy efficiency and reduction of green-house gas (GHG) emissions will therefore remain a key strategic priority for the Bank’s operations over the coming years. The Bank will continue to support diversification of energy and fuel supplies (especially in renewable energy) and improving energy efficiency (both on the demand and supply side), together leading toward a more sustainable energy market in the country.  Enhancing the private sector’s role in the economy. The Polish state continues to play a significant role in the economy, notably in the power, chemical, natural resources, transport and municipal sectors. Accelerating the implementation of the structural reform agenda is crucial to consolidate transition and support the recovery that has slowed markedly. The Polish authorities have acknowledged the need to push ahead with greater market liberalisation. Moving Poland toward a more resilient economic model built on private investment and productivity increases will also require more innovation, providing risk capital and corporate restructuring (operational and financial), and will include supporting Polish companies in their regional expansion and cross-border investments.  Assisting in the development of a sustainable financial sector and capital markets. Although the banking system remained sound in the course of the crisis, a number of systemic vulnerabilities emerged, especially banks’ balance sheet mismatches, lack of sponsors liquidity support and the need for consolidation. In the current environment, high risk aversion by banks and deteriorating credit quality in the economy are leading to substantial financing constraints, in particular for small and medium sized companies and in the poorest regions. EBRD will assist in the development of a more sustainable financial sector by helping banks address crisis-inherited vulnerabilities and promoting the development of local currency capital markets in order to reduce the sector’s dependence on foreign financial inflows. To achieve these strategic priorities the Bank will work closely with other IFIs, commercial banks and other stakeholders to ensure the best use of EBRD funds. The Bank’s approach will be selective, driven by market demand for projects where it can demonstrate both additionality and strong transition potential. 2
  • 5. 1. THE BANK'S PORTFOLIO 1.1. Overview over Bank activities to date As at the end of June 2013 the Bank has signed a total of 314 projects with a Net Cumulative Business Volume of EUR 6,217 million. Approximately 40 per cent of the Bank’s investments were made in the corporate sector, 30 per cent in the financial institutions sector, 18 per cent in the energy sector and 13 per cent into the infrastructure sector. 138 projects representing EUR 1,984 million and 32 per cent of the Bank’s cumulative business volume were equity investments. Reflecting the Bank’s strategic focus on the development of the private sector, the private sector share was 83 per cent. The Bank portfolio at the end of June 2013 consisted of 118 operations totalling EUR 2,565 million. The portfolio is well diversified across sectors with the exception of infrastructure, where over the last couple of years the business volume stayed at a low level (in percentage terms). There is relatively high equity share compared to the Bank’s average, at 38 per cent of the total portfolio. Table 1: Cumulative Business Volume and Portfolio in Poland as of 30 June 2013 Sector Net Cumulative Business Volume Portfolio Number of projects EBRD signed % of NCBV Number of projects Portfolio % of Portfolio Operating Assets % of Operating Assets Energy Natural Resources 19 2 1,094 319 18% 5% 12 2 830 319 32% 12% 320 0 18% 0% Power and Energy 17 775 12% 10 511 20% 320 18% Financial Institutions Bank Equity 89 16 1,852 473 30% 8% 28 4 636 174 25% 7% 606 174 34% 10% Bank Lending 37 842 14% 13 287 11% 287 16% Insurance, Fin Services 35 510 8% 10 149 6% 120 7% Small Business 2 27 0% 1 25 1% 24 1% 168 26 2,459 314 40% 5% 61 5 886 89 35% 3% 720 74 40% 4% Amount in EUR million ICA Agribusiness Equity Funds 47 536 9% 32 242 9% 129 7% ICT 14 528 9% 5 220 9% 220 12% 12% Manufacturing & Services 53 838 13% 7 220 9% 215 Property & Tourism 28 243 4% 12 114 4% 82 5% Infrastructure MEI 38 32 812 447 13% 7% 17 15 213 179 8% 7% 135 129 8% 7% Transport 6 365 6% 2 34 1% 6 0% TOTAL 314 6,217 100% 118 2,565 100% 1,781 100% 3
  • 6. Table 2: Portfolio Development in Poland, 2010-2013 Amount in EUR million 2010 2011 2012 June 2013 Net Cumulative Business Volume Number of operations Current Portfolio Stock Number of Operations Operating Assets % Undrawn 4,662.1 280 1,738.3 113 1,292.8 25% 5,444.9 298 2,276.0 119 1,661.3 27% 6,092.7 311 2,563.4 121 1,830.4 28% 6,217.1 314 2,565.2 118 1,781.4 30% Annual Business Volume Number of Operations Gross Disbursements Annual Cancellations Private Sector Share (% Portfolio) Non Sovereign (% Portfolio) 643.2 18 431.1 55.2 85% 100% 891.4 21 628.2 23.4 89% 100% 672.3 19 555.2 83.3 84% 100% 182.0 6 120.8 6.1 83% 100% 1.2. Implementation of the previous Country Strategy The previous Strategy for Poland, approved in July 2010, was formulated during the global financial crisis and the economic recession in the European Union. At the time the Polish economy was affected by the turmoil on the financial markets, as the contraction of credit reduced the ability of Polish banks and companies to access the market. The Bank’s engagement in Poland during the previous Strategy period supported transition despite the challenging wider macroeconomic environment. From June 2010 to June 2013, the Bank signed 46 projects with a total volume of just over EUR 2 billion. Within this environment, the previous Strategy included crisis response measures and focused on the following strategic priorities:  Foster commercial banks’ and leasing companies’ continued lending to the corporate sector, particularly to SMEs and micro enterprises. The focus was on improving banks’ balance sheets by providing long term capital and funding, the availability of which remained limited. The Bank aimed to contribute to the deepening of the local and regional capital markets and lending in local currency.  The Bank aimed to participate in privatisations of state-owned companies, for which the crisis lent both urgency and opportunities. The Bank also sought to selectively provide higher-risk products for local corporations to fund their investments, particularly those with a strong energy efficiency focus, leading to higher competitiveness and a better business climate. The Bank also set out to support the regional expansion of Polish companies through cross-border investments.  In line with the identified remaining transition gaps for Poland, the Bank promoted investments in further diversification of energy and fuel supplies to contribute to energy security, and in the sustainable development of the energy sector by prioritising renewable energy production and efficient use of energy. 4
  • 7. The Bank was particularly keen to address the demand side by reducing energy waste, thereby reducing greenhouse gas emissions and delivering an important contribution to combat climate change.  Support the involvement of the private sector participation in public services in cooperation with the EIB as well as EU structural and cohesion funds, in particular privatisations and private-public partnerships in transport and municipal and environmental infrastructure projects to stimulate the development of revenue-backed financing and minimise reliance on sovereign guarantees while increasing supply of long-term finance. Foster commercial banks’ and leasing companies’ continued lending to the corporate sector. Financial institutions remained a key area of the Bank’s activity during the Strategy period with total commitments of EUR 696 million. The on-going Eurozone crisis has affected the Polish banking sector and resulted in some deleveraging, as a number of European parent banks decided to dispose of their Polish assets, not always successfully due to unfavourable market conditions. The Bank supported a new entrant on the Polish market, Santander Bank, in pursuing the merger of BZ WBK with Kredyt Bank. The Bank took also part in the IPO of Alior Bank, an innovative, fast-growing bank, where the strategic investor Carlo Tasara was forced by market conditions and the Polish Financial Supervision Authority (KNF) to list the bank on the Warsaw Stock Exchange (WSE). To buttress banking sector stability in light of the weakening parent bank situation, EBRD made equity investments to support sector stability and market consolidation in light of ownership changes following the withdrawal from Poland by some western European investors (e.g., AIB, KBC) which had become distressed as a direct result of the crisis. An additional systemic risk in the Polish banking sector has been the lack of mediumto long-term liquidity (both in local currency as well as FX) necessary to address banks’ balance sheet mismatches as well as lack of access to financing by corporates, especially MSMEs. In response, the Bank provided seven medium-term local currency credit lines to selected Polish banks and leasing companies to support their currency funding needs and at the same time promoting lending to MSMEs. Credit lines were provided, for example, to Millennium Bank, EFL, SG Equipment & Leasing and Masterlease. In addition the Bank implemented its long-term crosscurrency swap programme providing CHF 2.4 billion (in nominal terms) of up to 10year swaps to a group of five Polish banks in order to address structural currency mismatches in balance sheets, since for a number of years commercial banks actively provided mortgage loans in Swiss Francs and Euros Weaker parent support and lack of wholesale funding combined with the more difficult access to the swap market caused major systemic problem in the Polish banking sector. Local capital markets development. During the Strategy period, the Bank initiated work designated to support local capital market development, and entered into a policy dialogue with various stakeholders including the National Bank of Poland, the Polish financial regulator (KNF), the Polish Banking Association and the banking community. The aim was to support the authorities’ clear ambition to diversify funding sources for the real sector and make the economy less bank-dependent. A well-developed local capital market would also be an important funding source for the Polish banking sector, especially when access to medium term liquidity for Polish 5
  • 8. banks remains limited. The outcome however was less satisfactory than expected, out of 4 projects approved by the Bank during the strategy period only one materialised (securitisation of car loans by GetinNoble Bank). The other capital market projects did not materialise mainly due to the unfavourable market conditions. In addition the works undertaken by the Polish regulator to reform Polish capital market identified a number of necessary changes (both legal and structural), which will require substantial work going forward. The on-going pension fund reform is not helping in pursuing the planned changes, since it may negatively impact the functioning of the Polish capital market. Uncertainties regarding the future functioning of the second pension pillar, a key investor on the Polish debt capital market and the Warsaw Stock Exchange, puts KNF initiatives on hold. Privatisation and restructuring of enterprises. The Bank continued its dialogue with the Polish authorities on privatisation and restructuring of corporate entities, especially in the chemicals and heavy industry. However the Bank took part only in three privatisation transactions: Polkomtel, privatisation of the mobile phone operator; Gamrat, a chemicals producer; and the partial privatisation of Grupa Azoty, a chemical conglomerate, as most planned privatisations were delayed. The Bank also supported on-going restructuring and refinancing of the steel and chemicals sectors working with its existing and new clients. The Bank launched an integrated approach for the private equity sector and entered into policy dialogue focusing on identifying local institutional investors and local capital market participants as potential private equity fund investors. Subsequent discussions may, however, be disrupted by ongoing reform of the Polish pension scheme. Two regional private projects were signed during the Strategy period (Enterprise Investors Fund VII and Avalon MBO Fund II) as well as some specialised funds such as Meridiam Infrastructure Fundor Hines Property Fund. Cross-border investments. In support of cross-border investments of Polish corporates into the region, the EBRD signed six transactions with Polish companies in Russia, Ukraine and the Western Balkans, primarily in the ICA sector. These projects contributed to knowledge sharing, export of industry best practice, setting business and corporate governance standards while contributing to the enhanced competitiveness of Polish corporates. Recent cross-border projects the Bank has done with Rovese and Barlinek helped these Polish groups in expanding their respective ceramic and wooden pellet production in Ukraine and Russia, closer to their target markets, bringing management and technical expertise to both locations. In the case of Asseco Southern Eastern Europe, the Bank supported a modern Polish IT company in expanding its services and know-how in the banking sector in the Balkan countries. Such co-operation on the one hand supported regional expansion of well managed and dynamic Polish corporates, on the other hand contributed to higher FDI inflow into other countries of operation. Sustainable energy and energy efficiency. Sustainable energy remained a key priority for the Bank in Poland with a strong focus on energy efficiency and greenhouse gas emission reduction. The Bank completed nine transactions totalling EUR 697 million leading to a CO2 emission reduction of approximately 2.8 million tonnes per year, including three projects in the renewables sector and one in a new gas-fired power plant (Stalowa Wola CCGT). The Bank’s support and policy dialogue in this area were critical in light of regulatory uncertainties (mainly in renewable 6
  • 9. energy, where the legal works is still on-going) and the reluctance of commercial banks to finance such projects. The Bank was also involved in works leading towards improvement of Poland’s energy mix by supporting the development of the country’s LNG terminal (the first in the region). Another important project in the energy sector helped to address bottlenecks in energy distribution accompanied by promoting smart grid solutions as well as significant CO2 reductions (Energa smart grid project). The Bank worked intensively with the commercial banks and EIB in the energy sector, with the Bank’s additionality stemming from project structuring, the ability to absorb certain risks and longer tenor. During the Strategy period the Bank also launched an energy efficiency facility for Polish financial intermediaries to be on-lent to SMEs and micro companies (“PolSEFF”). The Facility proved very successful, as the Bank signed cooperation agreements with three banks and three leasing companies for a total of EUR 180 million. To date over 1,000 loans were signed with SMEs, brining annual energy savings of 202,900MWh. This has generated strong interest on the side of Polish authorities who wish to partner with the EBRD to launch a second similar framework. Privatisations and private-public partnerships in transport and municipal and environmental infrastructure. The availability of long-term financing for infrastructure remained limited during the previous Strategy period. In the municipal sector, two urban transport projects in Warsaw gave an opportunity to provide long term financing based on best standards public service contracts while the Bank was also developing a methodology to determine the emission reductions of investments in public transport, aiming at their monetisation. The Bank succeeded also in financing its first PPP transaction (a parking facility in Wroclaw). However, the Bank’s business volume in the infrastructure sector was smaller than expected (only EUR 75 million) due to the paucity of privatisations of municipal and transport assets and lack of PPP opportunities (also in such key areas like motorways). This situation may change as fiscal consolidation continues and local and central budgets can no longer afford to co-finance EU structural and cohesion funds. However, so far little progress has been witnessed and lack of long term bank funding combined with lack of private sector involvement in managing public infrastructure remains an issue. 1.3. Transition impact of the Bank's portfolio During the previous strategy period the Bank signed 40 transition-rated operations in Poland. Among these new projects, 90 per cent had “Good” or ‘Excellent” transition impact potential, well above the Bank-wide target of 80 per cent. During the strategy period, three projects obtained “Excellent” transition impact ratings (Hines Property Fund, Ciech chemical company restructuring and Meridiam Infrastructure Fund). Out of 40 projects signed during the Strategy period only four projects across different sectors were rated “Satisfactory”. During the Strategy period the Bank acted on a very selective basis having in mind the strategic priorities and the requirement of having projects with particularly high transition impact potential and where the Bank is playing an additional role. 7
  • 10. Figure 1. Targeted transition objectives in Poland (share of projects), Dec 2010 – June 2013 The Bank regularly monitors all projects to ensure that transition impact expected from its activity is ultimately delivered. The transition performance of projects in the Poland portfolio is good. Out of 50 operations under implementation in the active portfolio at end-June 2013, 19 have already largely achieved their envisaged transition impact potential. This includes successful delivery of transition objectives through seven projects in infrastructure, from implementation of environmental programmes to achieving higher levels of commercialisation in urban transport. Seven operations in the financial sector have been fully successful in expanding financial products to underserved areas, in particular MSME finance and leasing services. 28 operations in the active portfolio are currently assessed as on track to achieving their envisaged transition objectives, mostly in the corporate and financial sectors. Three operations have not been successful in delivering expected transition impact. An equity fund supported by the Bank failed to provide finance to start-up investees and could not participate in post-privatisation restructuring of companies in Poland as originally expected. The second operation, a property fund active in the country, also could not reach expected number of new developments and was unsuccessful in attracting new institutional investors into the country. Finally, a project in the manufacturing and services sector failed to achieve its envisaged transition objectives due to the negative impact of financial crisis and ensued change in the client’s strategy. The expected transition impact of the Poland’s active portfolio, reflected numerically in the average rank, stood at 3.88 at end-June 2013, better than both the institutional target of 4.35 and the result for the whole portfolio of the Bank (4.06). 12 operations in Poland have been completed (i.e. fully re-paid) during the Strategy period. All of these projects have largely achieved their expected transition impact potential. This, 8
  • 11. among others, includes successful delivery of rural finance to farmers across the country and provision of MSME sub-loans in targeted areas, and successful development of new renewable energy projects in the country. It should to be noted that the average size of a Polish transaction (approx. EUR 30 million during the strategy period) is relatively larger comparing to the Bank operations in general. Given the size of the Polish economy (the largest in the CEE) such projects are commensurate with the size of the corporate sector and the banking sector. The Bank has been striving to achieve sufficient size to ensure influence and deliver transition impact, while minimising the size through leverage and mobilisation of other financial sources. It is expected that larger transactions sizes (in EBRD terms) will remain a feature of the next strategy period. 2. OPERATIONAL ENVIRONMENT 2.1. Political context The current government was formed following early elections in October 2007 and was re-elected in October 2011. It is a stable centrist coalition between two parties: the larger, more liberal Civic Platform (PO) headed by Prime Minister Donald Tusk, and the smaller centre-left agrarian Polish Peasant’s Party (PSL). In October 2011 the coalition became the first to be re-elected to government in the post-communist period. The two parties were able to reform the government with a small majority of 235 seats in the 460-seat parliament. The government is supported on a situational basis by a new parliamentary party, the left-liberal Palikot Movement (renamed ‘Your Movement’ in October 2013), which shares many of PO’s policy priorities. Tensions between the coalition partners have increased since the 2011 parliamentary elections, with PSL and PO disagreeing on a number of policy fronts: efforts to bring farmers into the general system of taxation, limits on the spending powers of local authorities, and the government’s plans to raise the retirement age. PSL leader and Deputy Prime Minister Waldemar Pawlak, who enjoyed good working relations with PM Tusk, exited the government in early 2013 and has been replaced by Janusz Piechocinski from the same party. A Cabinet reshuffle in February 2013 elevated Finance Minister Jacek Rostowski to Deputy Prime Minister, reflecting PM Tusk’s determination to step up efforts to revive the country’s flagging economic growth and accelerate the structural reform agenda. However, popular dissatisfaction with the government’s prolonged austerity measures and lack of a coherent reform agenda have been growing, and in September 2013 led to large street protests. The protesters demanded the resignation of PM Tusk and the reversal of a number of planned structural reforms, including the increase in the retirement age. The ruling coalition’s majority has been reduced to just one seat after a number of defections, heightening the risk that the current governing coalition may abandon necessary but politically unpopular structural reform measures. 9
  • 12. Prime Minister Tusk subsequently implemented a wide-ranging government reshuffle in November 2013, removing six ministers, including First Deputy PM and Finance Minister Rostowski. In addition, the reshuffle saw the replacement of the ministers for Administration, Environment, Science and Higher Education, and Sport. See Annex 1 for a detailed assessment of the political context. 2.2. Macroeconomic context Since mid-2012 economic growth has slowed considerably. Poland recorded annual average growth above 4 per cent in 2010-11, among the highest in the EU at the time. This resilience was in good measure due to temporary factors, such as public investment fuelled by EU funds, and some fortuitously timed fiscal easing just ahead of the crisis. Growth in 2013 is expected to be subdued, at just above 1 per cent. Since mid-2012 the constraints on public investment have become increasingly binding, and throughout the year capital formation fell. Figures for the first quarter of 2013 underlined a drastic slowdown in domestic demand, as aggregate growth dropped to a mere 0.5 per cent in annual terms. Unemployment has again begun to rise, and remains persistently above 10 per cent, aggravating longstanding structural problems from low labour force participation and long-term unemployment. After the 2009 recession in the EU, fiscal adjustment was initially delayed even though growth proved resilient over the following two years. The government then embarked on an ambitious austerity programme in late-2011. The initial package comprised long-delayed reforms in social expenditures, including a gradual increase in the retirement age to 67. The budget deficit of 3.9 per cent recorded last year is expected to remain unchanged this year, according to forecasts by the EU Commission. Poland therefore remains subject to the EU’s Excessive deficit procedure, under which is will need to correct this deficit by 2014. In September 2013 PM Tusk announced wide-ranging changes to Poland’s private pension funds which are to take effect from mid-2014. These changes – which have not yet been approved by parliament – envisage a shift of over half of assets currently managed by the private funds (an amount roughly equal to the funds’ aggregate holdings of government bonds at end-2012) into the state pensions system (ZUS) and will likely result in a considerable part of contributions being directed into ZUS (a full return to ZUS will be the default option unless members opt to remain in their funds). This would reduce state debt by about 8 per cent of GDP, and may significantly reduce the annual budgetary shortfall, although the budget is taking on additional liabilities for future retirement payments. The central bank’s rapid loosening of monetary policy since November 2012 is the only direct stimulus to the economy at the moment, and there has also been some relaxation in lending restrictions, in line with this phase of the credit cycle. Given the likely budgetary constraints on public investment the government in October 2012 launched a substantial investment programme, consisting of two elements. ‘Polish Investment Fund’ will be an off-budget special investment vehicle 10
  • 13. of about PLN 10 bn (EUR 2.5 bn) capitalised through state assets. The same amount will be injected into the state development bank, BGK. Both entities will fund infrastructure and energy projects, alongside private creditors and possibly European financial institutions. A cyclical recovery can be expected to set in at end-2013. Trends in industrial production and consumption in the first half of 2013 and more up-to-date confidence indicators suggest a continued serious weakness in both consumption and private investment. This will likely result in growth of slightly above 1 per cent in 2013, and a further rise in unemployment. In 2014 growth will likely remain relatively subdued at about 2 per cent, as public expenditures remain restrained and public investment growth does not resume. Easing in monetary or financial policy are unlikely to provide further stimulus. Over the medium term, Poland’s trend growth will depend on further structural reforms, in particular enterprise restructuring and privatisation, and a greater private sector role in capital formation. Gains from economic convergence during the first phase of transition are close to being exhausted. Achieving further productivity gains through innovation and upgrading the technology and skills content of production will require a considerable further effort in structural reform. If these factors are supportive, growth in Poland could rise back toward previous trend rates of about 3 per cent towards the end of the Strategy period. However, empirical research on a broad set of transition countries also underlines strong feedback effects from low economic growth to stagnation, and possibly reversals, in structural reforms. In this sense the present weak growth and the popular resistance to already implemented reforms bear the risk of derailing further reform efforts. Poland could then become trapped in an equilibrium of low growth and poorly reformed institutions. See Annex 6 for a table with Selected Economic Indicators. 2.3. Structural reform context Poland is an advanced transition country that has made significant strides in reform over the past two decades. However, state involvement in the Polish economy remains extensive, notably in the power and natural resources sectors, carbon intensity is very high, and the financial sector is ill-suited to meet the needs for long-term investment in the country. The continued strong role of the state remains a transition challenge that cuts across several sectors. The current PO-PSL government has revived the privatisation process, which now benefits from streamlined procedures and greater transparency. The two-year privatisation programme up to end-2013 remains on track in terms of revenue targets, though important privatisation targets in the mining, chemicals and the potentially competitive network industries remain behind in this agenda.. The state stake in PKO BP, the country’s largest bank, was reduced in July 2012 to below an outright majority, though the government retains management control. 11
  • 14. In the power sector the government’s resolve to stimulate competition and unbundling has been erratic. The restructuring and privatisation of power companies remains a stated objective, and the Treasury remains committed to launching an initial offering of one of the firms, Energa, on the Warsaw Stock Exchange before year-end. The sector will require substantial investment in the coming years, including to meet EU climate change objectives. Cross-border energy infrastructure remains underdeveloped. In the natural resources, sustainable energy and power sectors, market structures are assessed as exhibiting ‘medium’ transition gaps. The infrastructure sector has developed around a rapid absorption of EU structural funds, though as these funds come to an end under the current EU perspective and constraints in co-financing capacity by municipalities began to weigh, activity slowed drastically. Greater involvement of the private sector and full access of budget allocations at central and regional levels are needed. A new law on public private partnerships was passed, though private operations and financing in infrastructure remains miniscule. The further development of capital market instruments could help bridge funding shortfalls, including for infrastructure investments. Further measures are required to make more sustainable long-term local currency instruments available to banks. To this end the release by the financial regulator in May 2013 of a set of reports on capital market instruments is a considerable step forward in reviving the regulatory agenda. Wide-ranging reforms to the mandatory pension funds were announced in September 2013. As their assets have been a key source of local institutional investment, amounting to over 17 per cent of GDP, this will entail a significant reversal in capital market development. The banking sector, while well-developed, would be ill-suited to meet Poland’s growing need for long-term capital. Figure 2 presents the EBRD’s assessment of sectoral transition gaps, highlighting the largest gaps in the energy sector as well as some sub-sectors of financial institutions such as MSME finance. However, it is important to stress that these sectoral transition indicators do not reflect cross-cutting transition challenges in Poland in areas such as reducing the role of the state in the economy, large-scale privatisation, corporate governance and enterprise restructuring, where progress is still required for Poland to achieve the status of a well-functioning market economy. 12
  • 15. Figure 2. EBRD transition indicators for Poland Source: 2013 OCE Assessment of Transition Challenges For a detailed assessment of the remaining sector transition challenges see Annex 2. 2.4. Business environment Poland has a generally favourable business environment. However, despite recent improvements, it continues to lag behind all other countries in the CEB region. In the 2013 World Bank Doing Business index Poland showed the greatest improvement globally, but its ranking remains low. The economy advanced 19 positions to 55th place due in part to reforms that make it significantly easier to register property, enforce contracts and resolve insolvencies. Paying taxes, obtaining access to electricity and dealing with construction permits (which involves as much as 29 separate procedures, takes 301 days) remain areas of serious concern. On the other hand, availability of credit is assessed favourably. In 2011, the government adopted an agenda on structural reform, and cutting ‘red tape’, covering e.g., the deregulation of the professions. In October 2012 parliament approved regulation that addressed numerous issues plaguing SMEs, importantly allowing cash accounting for VAT payments, and in January 2013 parliament approved the “Better Regulation Program” aimed at enhancing Polish regulations and increasing the quality and stability of the entrepreneurial environment. The need to create a more competitive and innovative economy is a dominant theme in the government’s new strategic legislative framework. In January 2013, the Council of Ministers adopted the “Strategy for Innovation and Efficiency of the Economy: Dynamic Poland 2020.” The Strategy’s main objective is to foster a competitive, innovative and efficient economy based on knowledge and cooperation. The Strategy will be implemented through various executive programmes, of which the Enterprise 13
  • 16. Development Program is the most important, as it targets the problems faced by entrepreneurs and companies. Poland was ranked 41st in the latest Corruption Perceptions Index by Transparency International published in 2012, below the OECD average and the 17th rank in the EU. The shadow economy continues to be assessed as a serious problem, according to this report. The latest round of the EBRD/World Bank Business Environment and Enterprise Survey (BEEPS) that surveyed 455 firms based in Poland between August 2008 and March 2009 identified high tax rates and as the major obstacle to doing business. 58.5 per cent of firms believed that tax rates are too high, while such a view is shared by only 40 per cent of firms in transition countries more broadly. Skills mismatches in the workforce were identified as the second greatest area of concern, a view shared by 36.5 per cent of firms in Poland versus 29 per cent in all EBRD countries of operations. 2.5. Social context Poland has experienced significant progress in living standards since the beginning of transition. The UNDP Human Development Index (a measure of general wellbeing) has been improving since 1990 and ranked the economy 39th worldwide in 2012. However, when compared against other CEB countries Poland performs only better than Lithuania, Latvia, and Croatia. According to Eurostat, 17.7 per cent of population was at risk of poverty in 2011, a ratio slightly higher than the EU average. Following commonly used inequality statistics, Poland ranks relatively low. The Gini coefficient is in line with the EU average and significantly more balanced than that of the Baltic States. The unemployment rate in Poland has continued to rise from 6.8 per cent in 2008 to 10.6 per cent in June 2013, according to the Eurostat definition (and to 13.2 per cent according to the national definition). The ratio is driven by youth unemployment, which nearly doubled during this period and reached 28 per cent, the second highest level in the CEB region. Poland falls well short of the EU-wide target for labour force participation, with the employment rate at present standing at about 59.7 per cent, the 9th lowest in the EU, and well short of the 75 per cent EU target. This is due to continuing disincentives in the social security system, in particular due to generous early retirement benefits for certain groups. The European Commission’s 2012 Ageing Report suggests that over the next fifty years Poland’s total population is foreseen to decrease by 14.6 per cent with a parallel drop in the total workforce of almost 36 per cent. As a result of these trends the dependency ratio (population aged 65 and over relative to the workforce 15-64) is expected to increase from 21 to 71 per cent between 2010 and 2060, resulting in serious strain for the public pension system. The fertility rate stands at only 1.29 births per women, the 3rd lowest in the EU, though recent initiatives, such as greater maternity benefits or encouragement for women to re-integrate into the labour force are designed to counter that trend. 14
  • 17. Total health care expenditure stood at about 6.9 per cent of GDP in 2011 (one of the lowest among the CEB economies), of which public health spending was about 4.8 per cent. Population ageing and cost pressures will continue to exert pressure on expenditures on health and old-age care over the next 50 years, unless cost-mitigating measures are taken. Education expenditure currently stand at 5.17 per cent of GDP, slightly below the EU average. In the 2009 OECD Programme for International Student Assessment (PISA), the country ranked 15th out of 66 with an above OECD-average rating for reading and science but with an average score for mathematics. 2.6. Legal context Poland continues to make reasonably good progress towards developing a legal system comparable to international standards. The alignment of Polish law with that of the EU has been accomplished in many areas including capital movements, company law, competition law, free movement of goods and free movement of workers, while jurisprudence is developing around these legal changes, so there is still room for development. Notable recent advances have been reforms to concession laws and a related specific law dealing with public-private partnerships. An adequate legal and institutional framework for sustainable energy is also in place and reforms aimed at promoting energy efficiency have come into force in 2013. Commercial legislation is perceived to be relatively advanced and clear for a country that is still in transition but improvements could be made in certain areas such as registration of mortgages. Poland has also a relatively well developed financial system although some legal and regulatory limitations impacting development of capital markets remain. For example, certain legal requirements affect the issuance of covered bonds, and transfers of collateralised loans are complicated and subject to cumbersome registration requirements. Poland has fully liberalised its electronic communications market and continues implementation of the most recent EU framework applicable to that sector. See Annex 3 for a more detailed assessment of the legal environment. 2.7. Energy efficiency and climate change context Poland has made good progress in moving towards a lower carbon future, but much remains to be done, and Poland’s carbon intensity remains one of the highest in the EU. The regulatory and institutional framework for moving towards a lower carbon future has been established, and a long-term policy is in place to ensure security of supply and continued reduction of the environmental impact of energy production and use. Nevertheless, there is a considerable challenge in moving the high-carbon economy of Poland onto a sustainable low-carbon growth path, and the IEA identifies decarbonisation of the power sector as a key challenge: the CO2 emissions per MWh are more than twice those of the average of European IEA member countries. Poland 15
  • 18. also has one of the lowest GDP/CO2 emissions ratios in the EU, indicating the considerable potential for improving energy efficiency in the country. The EBRD is well placed to support the Polish government in the delivery of these objectives. Coal still accounts for more than 80 per cent of Poland’s primary energy supply and the economy remains among the least energy efficient in the EU. Phase III of the EU’s Emissions Trading Scheme (ETS) will be a challenge for Poland’s carbon-intense economy, especially as CO2 prices are heavily correlated with the costs of energy production in Poland. The derogation from the ETS that Poland has negotiated with the EU may be difficult to sustain. Meeting the government target of zero energy economic growth in Poland and the new energy efficiency targets of 13.06 Mtoe of primary energy savings by 2020, as per the new Energy Efficiency Directive (2012/27/EU) will require substantial investments both on the demand and the supply side (in terms of better grid management, smart grid solutions, better access for the renewable energy, highly efficient co-generation etc.). On the demand side, thermo-modernisation of buildings, improvements in rolling stock, energy efficiency solutions in industry (and SMEs in particular) as well as gradual modal shift in urban and national transport, will need to be developed. The EU Industrial Emissions Directive will create an additional challenge as IED set more stringent emission reduction targets and higher environmental standards post 2016 for power generation units, CHPs and in all large industrial companies in the oil, gas and chemical sectors. Over the coming years a significant proportion of the country’s obsolete power generation capacity is to be decommissioned or replaced also to fulfil EU accession treaty criteria. 3. STRATEGIC ORIENTATIONS Poland’s future developmental model now appears less assured than in the immediate aftermath of the global financial crisis. The ongoing European recession and financial market disruptions continue to pose risks to transition, as demonstrated by the bank ownership changes to which EBRD has helped respond. There remains an acute need for modernisation in key sectors of the Polish economy, evident in low energy efficiency and private sector involvement in some industrial and infrastructure segments. While the Polish authorities remain committed to a structural reform agenda, this now faces major challenges in the context of subdued growth and growing popular resentment. Changes to the operation of private pension funds, largely forced by fiscal pressures, are a reversal and may pose a risk to transition gains, in particular in the area of capital market development. In this context the Bank remains additional, with an engagement focused on sectors with the highest transition value. The Bank’s policy advice shall continue to make important contributions to reform initiatives, as has been the case in capital market development, privatisation, sustainable energy and innovation. 16
  • 19. The Bank’s additionality also stems from the shortening in maturities of bank funding and the limited market appetite for long-term debt financing. Substantial EU funds will continue to flow to Poland in the coming seven-year financial perspective. However, absorption will be largely dependent on the state’s capacity for mobilising off-budget co-financing. Poland is systemically important in Central Europe and therefore the reform agenda, if successfully implemented, will have visibility and wider significance in other countries confronting similar challenges. In the new Strategy period, the Bank will therefore focus its activities on the following cross-cutting challenges in Poland:  Promoting the low carbon economy. Coal still accounts for more than 80 per cent of Poland’s primary energy supply and the economy remains among the least energy efficient in the EU. Promoting low carbon solutions, energy efficiency and reduction of GHG emissions, thus combatting climate change, will therefore remain a key strategic priority for the Bank’s operations over the coming years. The Bank will continue financing projects leading towards diversification of energy and fuel supplies, especially renewable energy, and improve energy efficiency on both the demand and supply sides.  Enhancing the private sector’s role in the economy. The Polish state continues to play a significant role in the economy, notably in the power, chemical, natural resources and municipal sectors. Accelerating the implementation of the structural reform agenda is crucial to support the recovery that has slowed markedly. The Polish authorities have acknowledged the need to push ahead with privatisation and greater market liberalisation. Moving Poland toward a more efficient and competitive economy will require more innovation, provision of risk capital and corporate restructuring (operational and financial), and will include supporting Polish companies in their regional expansion to other EBRD countries of operations.  Assisting in the development of a sustainable financial sector and capital markets. Although the banking system remained sound in the course of the crisis, a number of systemic vulnerabilities emerged and remain obstacles, especially banks’ balance sheet mismatches, lack of sponsors’ liquidity support and the need for consolidation. In the current environment, high risk aversion by banks and deteriorating credit quality in the economy are leading to substantial financing constraints in some areas of the economy, thus deepening regional disparities in the country and worsening access to finance, particularly for small and medium sized companies. The EBRD will assist in the development of a more sustainable financial sector by assisting banks in addressing crisis-inherited vulnerabilities and promoting the development of local currency capital markets in order to reduce the sector’s dependence on foreign financial inflows. To achieve these strategic priorities the Bank will work closely with other IFIs, the EU, commercial banks and other stakeholders to ensure the best use of EBRD funds. As Poland is an advanced transition country, the Bank’s approach will be focused and selective, driven by market demand for projects where it can demonstrate both additionality and transition potential, and where through its investments the Bank can contribute to closing the key outstanding transition gaps by promoting self-sustaining 17
  • 20. change. In a context of narrowing transition gaps, the Bank will seek to demonstrate the potential for cross-cutting impact in multiple priority areas or for reducing the role of the state in the economy, while placing particular emphasis on additionality. In projects involving technical cooperation funds, the Bank will secure cost-sharing arrangements. Poland has made substantial progress since the start of transition and is now among the most advanced transition countries. However, several transition challenges remain. Furthermore, graduation has been delayed because the conditions set out in the Bank’s Fourth Capital Resources Review (CRR4) – namely, the improvement of global market conditions, the return of financial flows associated with reducing the Bank’s additionality, the region’s sustainable recovery and the reduced threat to transition – have not yet fully been realised in Poland. Poland remains committed to graduation which will constitute a recognition of its successful transition path to a well-functioning market economy and a good example for EBRD’s other countries of operation. The Bank’s priorities in Poland will be appropriately targeted to reflect this trajectory. 3.1. Promoting the low carbon economy Key challenges     Approximately 81 per cent of Poland’s power generation capacity is based on hard coal and lignite and the country remains one of the most energy intensive economies in the EU. The share of renewable energy and gas-fired generation remains relatively low and this is a key challenge for Poland as it aims to meet EU 20/20/20 climate change targets. Power generation, distribution, and municipal infrastructure do not meet industry standards on carbon intensity. Meeting the government target of zero energy economic growth in Poland and the new targets of substantial primary energy savings by 2020, as stipulated by the new Energy Efficiency Directive, will require substantial investments. On the supply side, investment is required in grid management, including smart grid solutions, better access for renewable energy and more efficient co-generation. On the demand side, thermo-modernisation of buildings, improvements in rolling stock, energy efficiency solutions in industry as well as a gradual modal shift in urban and national transport will need to be developed. Some market mechanisms, especially in the gas sector, are still poorly functioning. Poland needs to liberalise gas prices, especially in the wholesale segment, and a new gas law is needed as part of the so-called Energy Triple Package, consisting of new regulation for gas, energy and renewable energy markets. Other steps to be taken include the incorporation of the pan-European gas network regulations and joint tariff methodologies. Poland remains poorly linked with the rest of Europe, which is one of the key bottlenecks in developing an open energy market in the country and the key concern as far as energy security is concerned. Substantial investment will be required to strengthen Poland’s international energy connections. 18
  • 21. Bank’s operational response In view of the challenges outlined above, and in line with international efforts to tackle climate change, Poland has the opportunity to become a model for successful transition toward a sustainable energy system. In line with the Bank’s particular competencies in the field of sustainable energy, the EBRD will support Poland in substantially improving energy efficiency and energy saving. The Bank will seek to finance projects aimed at reducing GHG emission and energy intensity. This may include renewable energy projects, gas-fired power generation, and support for best available techniques and environmental investments helping to meet the EU Industrial Emissions Directive. Such projects will have demonstration effects and contribute to bringing new investors into the renewable business (especially when the regulatory regime remains uncertain) as well as improving access to the grid. Such investments may also be associated with the development of carbon markets in the country. The Bank will focus on promoting energy efficiency both on the demand side, working in particular with greening investments and SMEs (via financial intermediaries, e.g., potentially via Polseff 2) and may selectively work on the supply side, with the introduction of smart grid solutions. The Bank will engage in such operations when clearly additional and complementary to other financiers. The Bank will aim to support private operators of energy infrastructure, for projects leading to the creation of open and competitive markets in energy, with liberalised energy and gas tariffs and third party access, facilitating the entry of new private players and the better integration of Polish gas and energy markets into regional and pan-European networks. Any such financing will be provided alongside other IFIs (especially the EIB), commercial banks and other market participants, including possibly the capital markets. The Bank will participate when clearly additional, when it has the ability to drive transition impact, and is complementary to other financiers. Policy dialogue and TC The Bank will continue its policy dialogue with the Ministry of Economy and other stakeholders, promoting transparency and clarity of the renewable energy support system. The Bank will support the development of more market-based financing schemes for investments in renewables, subject to the presence of a stable regulatory framework and commercial co-financing. EBRD may also consider involvement by working with the Polish Ministry of Environment and the energy regulator (“URE”) in the regulatory shift towards promoting an ‘energy efficiency’ framework (e.g., in distribution tariffs), and will continue its dialogue on gas market liberalisation with the regulator and possibly PGNiG to support the full implementation of the open market Energy Directives. 19
  • 22. 3.2. Enhancing the private sector’s role in the economy Key challenges      State involvement in the economy in Poland remains extensive, notably in the power and natural resources sectors and in heavy industry, transport and municipal assets. The government revived the privatisation process in 2010, although the share of the public sector in GDP remains relatively high at around 20 per cent. The privatisation programme will need support in the years ahead, and profound restructuring in some state companies will be necessary before privatisation is feasible. The lack of long-term funding and risk capital is a key obstacle to such restructuring. Reforms in the corporate sector have been slower than expected in recent years and the crisis has highlighted the significant remaining challenges. Companies are under pressure to adjust and realign to recent market developments, often facing the necessity of going through deep restructuring (both operational and financial) and reorienting their business to a more competitive environment. The success of such restructuring will be critical in the economic recovery process leading towards the improved competitiveness of the Polish economy. In the infrastructure sector, PPPs as well as private concessions remain underdeveloped. While infrastructure has been primarily funded by EU structural funds, this will increasingly shift from grants to financial instruments, including an increased role of off-budget/private financing in public investments and privatisation of municipal assets. Poland will soon exhaust its potential for growth that is driven by convergence with the core European economies. Poland’s R&D spending is only 0.7 per cent of GDP, one of the lowest in the EU, falling well short of the EU-wide target of 3 per cent. Business R&D constitutes only 0.2 per cent of GDP. While there has been an increasing technology content of exports through a growing integration in supply chains, Poland remains much less developed in this regard than other countries in the CEB region, and also lags with regard to ICT development. To regain high trend growth the country needs to enhance competitiveness and productivity, through a stronger emphasis on innovation and investments in higher value-added industries that are more intensive in skills and technology. Risk capital remains underdeveloped and the private equity industry significantly lags other emerging markets. Funds operating in Poland and the region at large are facing challenges in raising equity, as foreign investors are reluctant to commit funds to a region perceives as limited in size and risky, while domestic institutional investors – importantly, pension funds – are constrained in their allocations to this asset class. Aery small venture capital vehicles exist, although they are largely reliant on EU structural funds. Bank’s operational response The Bank will seek opportunities to participate, principally with equity, in the privatisation of the remaining state- or municipally-owned companies. Such projects will be associated with corporate governance improvements. The Bank will also provide financing for private sector companies managing public infrastructure. This may be via a range of structures including public-private partnerships or other forms of contracts or financing instruments, including capital market solutions (e.g., project 20
  • 23. or revenue bonds). The Bank will very selectively consider engagement with companies that have strong growth potential and a sound underlying business, but require financial and operational restructuring, and where the Bank’s role will be critical, alongside other financiers, to unlock new investments. The Bank will engage in such operations when they significantly contribute to the development of new and sustainable financing structures or products or would increase private competition. The Bank will also seek to deepen its engagement in the knowledge economy, by financing investments in innovation, research and development, technology and communication infrastructure (in line with the EU digital agenda). The Bank will engage in such projects where clearly additional and if such operations significantly contribute to the development of either new products or services, or else sustainable financing structures. Finally, in order to gain scale and promote knowledge-sharing across the region, the Bank will actively promote and support Polish companies investing in the region through cross-border transactions. The above objectives will be pursued directly in selected cases as well as by investing in private equity funds (which will often have a regional coverage), which remain a key source of scarce equity financing and a potent agent of change in the companies in which they invest. Policy dialogue and TC The Bank will continues its dialogue with the State Treasury and local governments with regard to the privatisation of remaining state and municipally controlled companies, including involvement with public sector counterparts to develop feasible contracting structures and best practice PPPs. The new allocation mechanisms for EU structural funds will require greater use of commercial co-financing on which the Bank, together with the EIB, could advise and contribute. The Bank will continue its policy dialogue as part of integrated approach in financing private equity, with the objective of mobilising local and regional institutional investors to participate in private equity fundraising. Finally, the Bank will remain available to work with the authorities on the new ‘Polish Investments’ fund (a leveraged sovereign fund) on issues such as internal governance and investment principles. This may lead to future co-investment opportunities. 3.3. Assisting in the development of a sustainable financial sector Key challenges  Disruptions in the European banking industry continue to pose a systemic risk to Poland, given that about 70 per cent of Polish banking assets are foreign-owned, with about a third stemming from the Eurozone periphery. The regulator is concerned about the effects of deleveraging and disruptive ownership changes. 21
  • 24.    Several commercial banks continue to run large mismatches in terms of maturities and open currency exposures as a result of historical FX lending. In addition there is a prevailing reliance on deposits and lack of medium/long-term financing instruments available to the Polish banking sector. Despite some attempts undertaken by the regulator there are no long-term funding instruments available for Polish banks addressing long-term liquidity mismatches. Mortgage bonds and securitisation are underdeveloped and capital markets are not offering appropriate instruments. The private bond market has not developed into a credible intermediary for effective and sustainable local currency savings and investment. The announced scaling back of the role of private pension funds, which have been a significant source of institutional investment, is a major setback for capital market development. Credit growth in consumer and MSME lending remains low (approximately twothirds of Polish SMEs have not used external funding in the last five years). This continued trend deepens the still-strong regional disparities in the country, which need to be addressed. In this respect, banks, including cooperative banks (subject to reform and strengthening), can play a role in directing more lending to poorer regions where access to credit for micro and small enterprises is highly uneven. Bank’s operational response The Bank will pursue opportunities to facilitate and accelerate the development of the debt capital market through subscription to bank and corporate bonds, structured instruments and asset-backed securitisation. The objective will be to support the development of alternative long-term funding instruments, mobilising a wider investor base – particularly in view of the likely diminished role of private pension funds – and ensuring increased market liquidity. The Bank will work with selected banks and leasing companies in order to address past balance sheet mismatches, including through long-term cross-currency swaps or other structured products. In association with such products or on a stand-alone basis, the Bank will also seek to promote the development of sustainable, commercial lending to small businesses, with a strong focus on regional disparities, rural areas and financial inclusion. Finally, the Bank will selectively consider requests to support ownership changes in the banking sector resulting from global strategic investors’ repositioning in the region, which could promote competition as well as elicit synergies and efficiencies, utilising both equity and debt instruments. Policy dialogue and TC The Bank will continue advisory work under the L2C2 initiative on the future of the Polish capital market in light of ongoing pension fund reform. Engagement with the Financial Services Authority on covered bond issuance, use of collateralised transactions and market-based funding of mortgage instruments has been initiated. The Bank will also seek to provide advice on the restructuring of cooperative banks and financial inclusion. 22
  • 25. 3.4. Environmental and social implications of the Bank’s proposed activities Poland has made substantial progress in addressing it's environmental legacies since joining the European Union and implementing EU Directives. Those legacies are mainly associated with the historic structure of the energy sector (coal-based) and poorly developed municipal and public infrastructure, notably in terms of waste management, wastewater and public transport systems. Those historic legacies, and the costs associated with addressing them, have been recognised as part of the EU Accession Treaty, which includes a number of derogations for the implementation of EU Directives. The Bank has assisted and continues to assist in the financing of projects aimed at attaining compliance. Nevertheless significant challenges remain, notably in terms of restructuring the heavy industry, manufacturing and power sectors to attain EU environmental standards. The recent implementation of the EU Industrial Emissions Directive (IED) is a challenge to many operators, notably as existing facilities must comply with Best Available Techniques (BAT) post-2016. In other sectors, Poland faces the need to move away from a coal-based economy and implement state of the art non-coal-based generation assets, such as renewable generation. The investments needed will require substantial capital and know how. The Bank will assist in this process to help Poland implement a lower carbon strategy, and continue assisting with the restructuring of the industrial sector. Gender According to the assessment of gender gaps of the Strategic Gender Initiative (SGI), Poland is not amongst those countries where the gender gaps are the largest. However, subject to available human and financial resources and depending on opportunities, projects with a gender component might be considered in Poland on an exceptional basis. The Bank will endeavour to work with its clients in Poland, where appropriate, to encourage women entrepreneurs’ access to finance, support equality of opportunity in the workplace and promote career advancement, and to ensure that women, as well as men, benefit equally from the Bank’s investments. See Annex 7 for an assessment of gender equality. 4. ACCESS TO FINANCE 4.1. Private sources of capital Poland’s sovereign rating stands at A- according to all three major rating agencies, only slightly lower than those of Estonia and Slovakia (by one to three notches). Unlike in the case of the other CEB economies, Poland’s rating has been maintained throughout the 2008/09 crisis and its outlook was revised from stable to positive by Fitch Ratings in February 2013, although this was subsequently revised back to stable in August 2013. Poland has benefitted from the global easing in monetary policy in the advanced countries, and the concomitant search for yield that has benefitted emerging markets. 23
  • 26. Portfolio inflows to Poland increased to 3.4 per cent of GDP in 2012, as increase by nearly one percentage point over 2011. Given the significant financing needs following the crisis, the government has issued considerable amounts in both external Eurobond and domestic bond markets, with the domestic markets showing one of the highest foreign investor participations of any emerging market. Sovereign bond financing is therefore vulnerable to a reversal if monetary policies in the advanced markets. Maturities of government securities have increased steadily, although they are still short by comparison to other comparable emerging economies (Chile, Czech Republic, South Africa or Thailand). Debt securities issued by entities other than the government are only a minor share of the market, accounting for approximately 9 per cent of total issuances. The stock of inward foreign direct investment is sizable (about 42 per cent of GDP, according to the 2011 international investment position). Inward flows of foreign direct investment (FDI) were substantial before the crisis (5.5 per cent of GDP in 2007), though then decreased to some 3 per cent of GDP between 2008 and 2011. Last year FDI inflows dropped further to only 0.7 per cent of GDP. Poland has been subject to wide swings in funding by foreign commercial banks. Net flows of other investment (largely consistent with bank-related transaction) fell from an inflow of some 5 per cent of GDP in 2008 to modest outflow of about 1 per cent of GDP in 2012. While the sovereign has enjoyed good access to the capital markets, Polish nonsovereigns have faced difficulties in issuing medium-term debt both in the international and domestic markets. Banks have very limited access to Eurobond markets: there have been just a handful of issuances by Polish entities since 2008. International banks increasingly tend to issue covered bonds in search of investor appetite and lower margins. With regard to local capital markets, sovereign issues have dominated the local bond market. It is estimated that the state issues account for approximately 98 per cent of the debt capital market in Poland. The share of outstanding corporate debt issues in Poland is below five per cent of GDP. Poland’s money and capital market development requires determined action in order to reduce vulnerabilities and enhance growth potential. Private equity funding is also very limited. Following the events of 2008-09 fundraising was pushed back to pre-2004 levels and private equity managers now struggle to raise new funds. This is the result of two factors: the difficult exit environment, which leads to frequent extensions to portfolios built prior to 2008 and limit realised investments’ track record; and the fact that post-2008 investments (most made in 2011-2012 window) still remain immature and thus do not offer fund managers commercially compelling follow-on fundraising stories. Institutional investors are currently deferring their CEE exposure decisions in response to the eurozone’s situation and more attractive emerging markets like China, India and Latin America. As a result the availability of private equity money is constrained (especially with regard to SMEs and mid-cap companies), while the investment in private equity funds is predominantly supported by IFIs (in particular EBRD and EIF). Moreover the transition of risk capital providers from IFIs and western investors to local institutional investors has not yet taken place, with Polish pension funds unable to invest in offshore structures and unwilling to take these risks. 24
  • 27. Private pension and investment funds in Poland are also limited in scale and scope. The assets of mutual funds amounted to EUR 39bn at the end of June 2013. Mutual funds proved to be very exposed to macroeconomic cycles and volatile investors in times of crisis. Mutual funds predominantly invested in liquid investments in order to deal with the investors’ demand for winding down their investments. Open pension funds in June 2013 managed assets of EUR 65bn and, thanks to the steady inflow of cash, have been able to invest in listed securities, thus providing a counter-cyclical buffer during economic downturn. However, due to government reforms of the private pension funds, limiting future pension contributions from clients, and further planned reforms including the transfer of assets from the open pension funds to state Social Security, reliance on pension funds’ capital in future will be seriously curtailed. 4.2. Cooperation with the European Union Poland has drawn on substantial grant funds under the EU’s structural and cohesion policy, which are widely credited with sustaining strong growth in public investment. The EU has committed EUR 67.3 billion to Poland under the European Regional Development Fund (ERDF), European Social Fund (ESF) and the Cohesion Fund (CF) over the period 2007-2013. According to data from the National Information System, since the start of programmes until November 2013, 91,834 contracts for cofinancing were signed with beneficiaries, for the amount of EUR 90.2 billion (i.e., 91.1 per cent of 2007-2-13 allocation) with an amount of co-financing on the part of the EU of EUR 62.2 billion, which constitutes 92.4 per cent of allocation for the 2007-2013 period. Cooperation between the European Commission and the Bank and the respective Polish managing authorities during the previous strategy period resulted in co-financing for several projects under the EU structural and cohesion funds. These were prominent in the MEI and energy sectors, and several credit lines were cofinanced by the EIB as well as commercial banks. Another area of co-operation is JASPERS, a joint initiative of the EC, the EBRD and the EIB that is assisting in enhancing the necessary administrative capacities in preparing EU funded projects. The programme is supported by experts from the EC, the EIB and the EBRD, who help prepare projects ranging from transport infrastructure to municipal environment and energy efficiency/renewable energy. The current commitment of the EU for the new budget perspective 2014-2020 includes EUR 73 billion for the cohesion and structural funds, which represents a decline in real terms from the EUR 67.3 billion in the previous seven year funding period. This will require further cooperation with the Commission on implementation of projects, with an need for more direct involvement of the private sector. Since Poland’s budgetary constraints (both at the central and municipal levels) will limit the ability of traditional co-financing through own budgetary contributions in absorbing EU grant funds, new solutions and new structures will need to be envisaged, (hybrid financing structures, PPPs, sale of assets, etc.). The Bank will work alongside other institutions (especially the EIB) on supporting the new ways of utilising EU funds through financial instruments, acting as a catalyst for change. 25
  • 28. EIB Cooperation between EBRD and EIB has been very successful to date. Both institutions have different but complementary mandates in Poland and have focused on comparative advantages, often related to project risk profiles and transactions structures. This cooperation is likely to continue as important investments are still expected and the availability of long-term funding remains limited. It has to be noted that an average EBRD transaction in Poland is EUR 25-35 million and this is substantially smaller than the average EIB loan ticket. EIB’s annual business volume expectation for 2013 is EUR 5.5 billion, comparable to the EBRD commitment in Poland in recent years. Over last 5 years, the EIB committed over EUR 22.8 billion in Poland. Therefore both institutions will remain focused on their comparative advantages, with the EIB focusing primarily on large sovereign (and regional) infrastructure projects (with the EIB individual loan size going up to EUR 700 million). EIB is however limited to financing up to 50 per cent of a project’s total investment costs, therefore there are often opportunities for the EIB and the EBRD to work together EBRD started working with “Marguerite”, an infrastructure fund established by the EIB and six European financial institutions focusing on capital-intensive infrastructure investments. The Bank has already co-financed its first investment with Marguerite in Poland, a wind farm Kukinia (together with PKO BP) for a total amount of EUR 210 million, and will be willing to support further co-investments by providing debt and/or equity instruments alongside the Fund. The European Investment Fund (EIF), part of the EIB Group providing capital to SMEs by investing in private equity funds, is a longstanding co-investor with EBRD. Since the private equity sector suffers lack of funding, EBRD and EIF work together on co-investments in private equity fund raisings. Like the Bank, EIF usually takes an anchor investor role in funds’ first closings. In 2012 EBRD and EIF worked on two private equity projects: Avallon II and Concordia 21. Thus co-operation is expected to continue in the next Strategy period. 4.3. MDB finance and collaboration with other IFIs The Bank will continue to pursue active coordination with other IFIs and the EU to enhance the leverage of its investment financing. World Bank The World Bank’s new Country Partnership Strategy (CPS) for Poland 2013-2017 includes IBRD lending of about US$ 3.2 billion (since 2009 the World Bank invested over USD 6 billion in Poland). Under the new strategy, the World Bank Group will support the Government’s shared prosperity agenda and help foster sustainable income growth for the 40 per cent of the population with the lowest income. This work will include activities that improve competitiveness (business environment, innovation support, public finance), equity and inclusion (labour market, reduction of regional disparities, health and aging), and sustainability (climate change policy, flood protection, resource-efficient 26
  • 29. infrastructure). The new strategy programme is aligned with the Government’s own priorities as well as with the EU 2020 agenda of smart, sustainable, and inclusive growth. The World Bank Group is planning to continue to provide financial support with a planned lending envelope of US$ 3.2 billion. The financial support may be adjusted throughout the new strategy period to reflect the country’s economic circumstances, the speed of the government’s reforms, as well as the availability of IBRD resources. The International Finance Corporation (IFC), which focuses on private sector development, will seek to strengthen Poland’s private sector through development of critical infrastructure, including via public private partnerships, as well as through climate-friendly investments, and support to Polish companies investing in other emerging markets. 27
  • 30. ANNEX 1 – POLITICAL ASSESSMENT Poland is committed to and applying the principles of multiparty democracy, pluralism and market economics in accordance with Article 1 of the Agreement establishing the Bank. Since the restoration of independence in 1989, Poland has made significant progress in building its democratic institutions. With an established track record of multiple peaceful transfers of political power between parties and coalitions, Poland’s democratic political system can now be considered to be largely consolidated, although some challenges remain in the areas of public governance and the fight against corruption. Free Elections and Representative Government Free, fair and competitive elections Elections in Poland at all levels – local, regional and national – are free, fair and competitive. Since the restoration of independence in 1989, Poland has held eight parliamentary elections, five presidential elections, six rounds of local elections, two elections to the European Parliament and three national referenda. Domestic and international observers have consistently judged Poland’s post-independence elections to be free and fair, although international observers have raised some concerns about certain technical aspects of the voting procedures, such as group and open voting which undermines the principle of the secrecy, as well as the potential perception of bias and government influence in the National Broadcasting Council which might affect election outcomes.1 Elections in Poland since the restoration of independence in 1989 have included a broad range of political parties representing a wide spectrum of political views, thus offering voters a genuine electoral choice. National, regional and local elections have been highly competitive, As a result, elections at the national level have resulted in a regular alteration in power of centre-left and centre-right parties. Separation of powers and effective checks and balances Poland established a multiparty, mixed parliamentary-presidential democracy on the restoration of independence in 1989. The Polish Constitution provides for formal institutional checks and balances within the political system, and these are generally effective, providing effective constitutional checks and balances on the exercise of power across the three branches of government. The president, who is directly elected for a five-year term, has relatively limited executive powers. While these formally include the authority to nominate the prime minister and the members of the Cabinet, who are then subject to approval by the lower house of parliament, in practice the selection of prime ministerial nominees is usually left in the hands of the parliamentary parties. The president also has the 1 See, for example, the OSCE’s Office of Democratic Institutions and Human Rights (ODIHR) Election Assessment Mission Report for the October 2011 parliamentary elections, available online at http://www.osce.org/odihr/elections/87024. 28
  • 31. constitutional authority to initiate legislation and to veto it; presidential vetoes can be overturned by a vote of two-thirds of MPs in the presence of at least half of the statutory number of members of parliament. The judiciary is independent and professional, and generally provides an effective check on executive and legislative powers. While periodic cases of corruption among judges are reported, these are relatively rare, resulting in above average public trust in the courts. The legislative branch, the National Assembly, is bicameral, with the lower house (the Sejm) composed of 460 members elected by proportional representation in multimember constituencies for a four-year term. The upper house, the Senate, has 100 constituency-based members elected on the basis of multiple member pluralities in constituencies of two to four members. The legislature is able to hold the Government to account through its approval of the Prime Minister, who in turn appoints the Cabinet. In addition, the Sejm is able to hold the Government to account through the mechanism of ‘no confidence’ votes. The Government is also accountable to the electorate, first and foremost through the ballot box, but also through multiple access points to political decision-making by ordinary citizens and civil society organisations. Effective power to govern of elected officials Poland’s elected officials have full effective powers to govern, and there are no formal constraints on their powers to govern effectively. Poland’s armed forces are fully subject to civilian control and do not play a significant role in political or fiscal decision-making processes. Civil Society, Media and Participation Scale and independence of civil society Polish civil society is large, diverse, vibrant and independent of the state. Civil society organisations (CSOs) have become more important in recent years as Polish citizens’ identification with established political parties has declined. CSOs have relatively good access to political decision-making and the law-drafting process, and experts from the CSO community are often consulted on major government proposals. Poland remains an overwhelmingly Catholic society and the Catholic church plays an important role in Polish social and indeed political life. Business associations and trade unions also have some influence over the policy-making process, although the influence of trade unions has declined in recent years as Poland’s economy has shifted from its traditionally strong manufacturing industrial base to more of a modern services sector orientation. Financial support to civil society organisations, particularly those with membershipbased finding structures, declined during the economic crisis, but has since recovered somewhat. Tax measures are in place to incentivise donations to CSOs, although the public donor base remains fairly narrow. 29
  • 32. Independent pluralistic media that operates without censorship The Polish Constitution guarantees freedom of expression, and legal protection for investigative journalists exists and is generally observed in practice. The media in Poland are generally independent, pluralistic and robust, and operate without formal state censorship. Defamation and public insult continue to be criminal offences, potentially affecting freedom of speech, especially during election periods. The economic slowdown in recent years has constrained advertising revenues for Poland’s mass media, which as a result has become more reliant on advertising commissioned by state institutions and state-owned enterprises, raising some concerns about the media’s independence. Multiple channels of civic and political participation Polish citizens enjoy a number of channels of civic and political participation. It is easy and uncontroversial to become a member of a political party, although political party membership is below the EU average and identification with political parties is declining. Poland’s robust civil society provides another channel of civic and political participation, although mass membership in these organisations remains limited. Freedom to form political parties and existence of organised opposition Polish citizens are free to form political parties and a series of opposition parties and groups (many of whom have held political office) have been organised, well resourced, and enjoyed popular support. The political party system is relatively cohesive, with two major parties dominating national politics for the past decade. The current coalition government has been in power since October 2007 despite the global economic downturn, buoyed by Poland’s relatively strong performance (particularly in relation to regional peers). However, popular disaffection and disillusionment with the ruling Civic Platform, in particular, has risen in recent years as the government has come to be seen as failing to deliver on its structural reform commitments. Rule of Law and Access to Justice Supremacy of the law The Constitution of Poland is the supreme law of the land, and all political forces accept the supremacy of the Constitution and the laws of Poland as well as the European Union. No bodies or individuals are deemed to be above domestic or international law. 30
  • 33. Independence of the judiciary The independence of the judiciary is enshrined in the Polish Constitution and generally upheld in practice. As noted above, the judiciary is independent and professional, and generally provides an effective check on executive and legislative powers. While periodic cases of corruption among judges are reported, these are relatively rare, resulting in above average public trust in the courts. Government and citizens equally subject to the law The Polish Constitution guarantees all citizens equality before the law and that guarantee is generally upheld in practice. Effective policies and institutions to prevent corruption Corruption remains a moderate challenge in Poland, despite significant and sustained government- and EU-supported programmes to combat corruption and improve the quality of public governance. Little progress has been made in recent years, according to Transparency International’s Corruption Perceptions Index (CPI), which has ranked Poland 41st globally and 20th in the EU for a number of years (although the methodology and number of countries included in the index has changed over time, making comparisons through time problematic). Civil and Political Rights Freedom of speech, information, religion, conscience, movement, association, assembly and private property The fundamental freedoms of speech, information, religion and conscience, movement, association and assembly are guaranteed by the Polish Constitution and supporting legislation, and are generally observed in practice. Political inclusiveness for women, ethnic and other minorities The Polish Constitution provides for equal treatment for women and ethnic and other minority groups, and these protections are generally upheld in practice. Freedom from harassment, intimidation and torture The Constitution of Poland provides for citizens’ freedom from harassment, intimidation and torture by the state, and these freedoms are generally observed in practice. 31
  • 34. ANNEX 2 – ASSESSMENT OF TRANSITION CHALLENGES The table and the supporting text below provide an overall assessment of Transition Challenges by sector, based on the Office of the Chief Economist’s 2013 Assessment of Transition Challenges. There are two separate scores for each sector, rating market structures and market-supporting institutions. Sectors Corporate sectors Agribusiness Manufacturing and Services Real estate Telecommunications Energy Natural resources Sustainable energy Power Infrastructure Water and Wastewater Urban Transport Roads Railways Financial sectors Banking Insurance and other financial services MSME Finance Private Equity Capital Markets Market structure Market-supporting institutions Small Small Small Small Small Small Small Negligible Medium Medium Medium Medium Small Negligible Small Small Small Small Small Small Small Small Small Small Medium Small Small Small Small Small Small Small Agribusiness Market structure: Small Market institutions: Small Key challenges: (i) accelerate the sales of direct and indirect stakes held by the state in the agro-processors; (ii) enhance competition in some of the sub-sectors where the market is dominated by few players Poland has made noticeable improvements both in terms of market structure and competitiveness as well as market governing institutions in the agribusiness sector. Since accession to the EU in 2004, Poland has been integrating into the EU’s CAP. The country is receiving substantial EU agricultural support but there is still a need to improve the governance of subsidy allocation. In particular, public entities managing state land and not otherwise involved in farming should be excluded from EU farm aid and no payments should be made in relation to unutilised land. The country continues to grant substantial direct subsidies to farmers’ social security system. Land tenure remains very fragmented and there is a strong need for farm consolidation. Following EU accession, Polish farmers increased their profitability, competitiveness and incomes, cementing the country’s transformation from an importer to net exporter of agricultural products. Privatisation of agribusinesses is advanced but the state still retains control in a number of agri-processors, many of which had to be restructured 32
  • 35. due to the economic slowdown and volatility of commodity prices. The retail sector is well developed with many big foreign players present. The main provider of credit to the rural sector, BGZ, was privatised in 2004 and successfully restructured by its new owner Rabobank with the assistance of EBRD. However, Rabobank has recently launched the process for disposing its entire stake in BGZ, which in case of a shift in the bank’s strategy under new ownership could result in a deterioration of rural sector’s access to financing. Manufacturing and Services Market structure: Small Market institutions: Small Key Challenges: (i) accelerate the restructuring and privatisation of state-owned enterprises; (ii) improve corporate governance and transparency of enterprises to attract equity capital for higher risk investments in R&D; (iii) improve the business environment by streamlining administrative procedures;(iv) support improvement of energy efficiency in the industry through replacement of outdated technologies. Reforms in the Manufacturing and Services sector have been slower than expected in and the crisis shed light on the remaining challenges. Companies are under pressure to adjust and realign themselves with recent market developments. Privatisation and consolidation processes are crucial in securing sustainable financing for planned investment programmes. State-owned enterprises in chemical (where the fertilisers industry was consolidated under Grupa Azoty), pharmaceutical and consumer goods sectors still require wide-ranging restructuring and privatisation, once market conditions improve. The government’s privatisation plan for 2012-2013 lists some 300 companies available for sale. For a great majority the government plans a complete exit, whereas in those considered ‘strategically important’ it would retain a controlling stake. Given new EU legislation coming into force, such as the industrial emission directive, competitiveness and energy efficiency will need to improve, especially in energy intensive industries such as the chemical sector. In the 2013 Doing Business report, Poland jumped 19 positions to the 55th place thanks to reforms that made it easier to register property, pay taxes, enforce contracts and handle bankruptcy. However, further improvements are required in administrative procedures for new business registration, licensing, tax payments and conditions for the expansion of private enterprises, especially as investors’ appetite and FDI continue to be weak. Real estate Market structure: Small Market institutions: Small Key challenges: (i) increase market penetration of innovative, energy efficient and sustainable construction technologies outside major cities; and (ii) streamline the construction permit process. The real estate sector is well developed. Regional cities (Kraków, Katowice, Poznań, Tricity, Łódź) have attracted more international companies, but there are still large development discrepancies when compared with the capital. Primary and secondary legislation supporting the sustainability of real estate are well developed and public 33
  • 36. awareness of the sustainability issues is also good. However, relatively little progress has been made regarding refurbishments of existing commercial buildings. Property registration in Poland eased in 2011 as its land registry was computerised. Building permits do however remain a bottleneck (according to the World Bank Doing Business 2013, it takes 29 procedures and 301 days to obtain a permit). The sector is undergoing substantial adjustment caused by the economic slow-down and lack of financing from the market, as many banks closed business lines in property and construction. There are some attempts today to look for private sector participation in state property area, e.g. privatisation of state holding PHN or PPPs. Although major international players have been expanding their operations, there is still room for development and know-how transfer in tourism, especially in rural areas. Telecommunications Market structure: Small Market institutions: Negligible Key challenges: (i) continue developing the infrastructure (broadband internet), including the efficiency of the infrastructure; (ii) increase competition in the fixed line segment iii) increase the efficiency of telecommunications infrastructure (technology improvements, green ICT solutions etc.). The telecommunications sector is regulated by the Office of Electronic Communications (UKE). The regulatory framework is advanced and aligned with the EU requirements. The main competitive safeguards have been implemented, although the use of local loop unbundling has remained relatively rare and access to the incumbent’s backbone network is still restricted.In the fixed line segment, the privatised incumbent, Telekomunikacja Polska (TP, owned by France Telecom and now operating under the brand Orange), competes with alternative operators but still controls a major share of the market. In the mobile segment, there is intense competition between four leading operators, Orange, Polkomtel, T-Mobile and Play, a number of smaller players and a number of MVNOs. Fixed broadband internet penetration remains significantly below the EU average, but it should increase as the incumbent TP was forced by the regulator to open its network. Mobile broadband is relatively more developed, with a penetration level close to the EU average. While carrier-neutral data centres started emerging, collocation and hosting space in relation to the country’s population is low by Western European standards. The use of ecommerce is increasing but from a relatively low base. Natural Resources Market structure: Medium Market institutions: Medium Key challenges: (i) restructure and improve the efficiency as well as the corporate governance of state-owned companies in the mining and oil and gas sectors and take steps to privatize them in the future; (ii) facilitate the entry of new private players in the mining sector and in the gas market; (iii) develop market-enabling institutions (e.g. gas exchange) and complete liberalisation of gas tariffs; and (iv) improve standards of reporting and overall transparency in the extractive sector. 34

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