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Summit of EU and US representatives and its impact on the legal environment in Tech sector

September 29, 2021

On 29 September 2021 there was held the EU-US Trade and Technology Council (TTC). The meeting was co-chaired by European Commission Executive Vice President Valdis Dombrovskis, US Secretary of State Antony Blinken, US Secretary of Commerce Gina Raimondo and US Trade Representative Katherine Tai. 

What was the purpose of the summit?

The European Union and the United States reaffirm the TTC’s objectives to: coordinate approaches to key global technology, economic, and trade issues; and to deepen transatlantic trade and economic relations, basing policies on shared democratic values. The main manifesto of the meeting was to support the continued growth of the EU-US technology, economic and trade relationship and cooperation in addressing global challenges; collaboration to promote shared economic growth that benefits workers on both sides of the Atlantic, grow the transatlantic trade and investment relationship, fight the climate crisis, protect the environment, promote workers’ rights, combat child and forced labour, expand resilient and sustainable supply chains, and expand cooperation on critical and emerging technologies.

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EUROPEAN SOLUTION FOR FISCAL TRANSPARENCY OF PROFITABLE COMPANIES

What should tax transparency and reporting consist of?

On 1 June 2021, the Council of the EU reached an agreement with the EU Parliament on public reporting by Member State. The agreement was based on the proposal for a Directive of the European Parliament and of the Council amending Directive 2013/34/EU as regards disclosure of information on income tax of 13 January 2021(2016/0107(COD)). The proposal extended its scope to the largest domestic traders, i.e. international traders or those whose total annual income for the last two financial years exceeds €750 million, thus obliging them to file tax reports on their activities. The €750 million is subject to conversion into national currency for countries that have not adopted the euro as their national currency. According to the proposal, these entities will be obliged to publish and make available (also on the Internet) information about the income tax they pay. Moreover, entrepreneurs will be obliged to submit a reporting report in which they will publish information such as the company name, type of business activity, number of full-time employees, the amount of income tax and the actually accumulated tax, as well as the accumulated income. The list of required data is specified in detail in Article 48c of the proposal, in order to establish indisputable and uniform rules for obliged entities. It is required that the information is exhaustive and not intended to omit material facts. The entrepreneur is entitled to defer certain information for a period not exceeding 5 years, however, he must substantiate the reasons for his action – the motivation may be the desire not to disclose certain information about his activity for fear of competition.

The foundations of the agreement; previous regulation of the issue

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The Polish National Debt Register will not enter into force until December 2021?

Amendments introduced by the Polish Senate regarding the entry into force of the National Register of Debtors in December 2021 were supported by the Polish Sejm. Over 30 Senate amendments to the amendment to the Act on the National Register of Debtors (KRZ) were adopted by the Sejm. Most of them were editorial and precise. The amendments postponed the entry into force of the provisions on the Polish National Debt Register – from the beginning of July 2021 to the beginning of December 2021. The amendment will now go to the Polish president. The new regulations also introduce a partial computerization of consumer bankruptcy proceedings.

Purpose of the amendment

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Wind energy – Polish draft act amending the act on investments in wind farms as a great opportunity for Poland

On the website of the Polish Government Legislation Center there was published a draft act aimed to amend the act on investments in wind farms (“the distance act” or “the 10H Act”). Currently, it is not possible to issue permits for the construction of wind farms at a distance less than ten times the total height of the turbine from residential properties and forms of nature protection. This is a very high risk both for the further development of this sector of electricity producers and for the already operating wind farms.

Slowdown in the construction of new wind farms in Poland

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THE POLISH ADMINISTRATIVE PROCEDURE CODE AMENDMENT IMPORTANT FROM THE PERSPECTIVE OF POST-WAR POLISH PROPERTIES LEGAL STATUS AND POLISH OWNERS OF JEWISH ORIGIN

On 11 August 2021 the Polish Act of Administrative Procedure Code Amendment was passed by the Polish lower house of the Parliament after the Senate’s adjustment consideration. On 14 August 2021 the Amendment Act was signed by the Polish president and on 16 August 2021 was published in the Polish Official Journal of Laws. As we can read on the official websites and from the official Ministry of Justice statement (from the ministerial conference):

The amendment to the Polish Administrative Procedure Code protects the interests of thousands of Polish citizens who are uncertain about the fate of properties important to them. The provisions passed by the Sejm dismiss the spectre of never-ending claims against the State Treasury. [1]

This statement should be read in the context of the real estate’s reprivatization socio-legal problem, to which politicians have mainly referred. [2]

It is worth to notice that this amendment implemented Constitutional Tribunal judgement of 2015 (P 46/13) on the inconsistency with the Polish Constitution of previous procedural articles and there are a lot of critical voices about recent amendment, for instance here:

https://www.prawo.pl/samorzad/niewaznosc-decyzji-administracyjnych-niebezpieczna-nowelizacja,510006.html

To see the Constitutional Tribunal judgement: https://sip.lex.pl/#/jurisprudence/521776428.

THE AMENDMENT ACT PROVISIONS

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