Controversial article 25 of the Comprehensive Economic and Trade Agreement (CETA)

The goal of CETA regarding to biotechnology is to overcome Canada’s issues with the European Union market called ‘market access issues’.

Canada is the 5^th largest producer of GM crops in the world, growing and exporting GM canola, corn, soy and white sugarbeet and Europe has not yet approved all of these same GM crops for human consumption. Taking this into consideration Europe needs to quickly approve GM foods and crops that being exported by Canada. In Poland the public debate has started, since GM food is thought as “worse” than the food produced in a conventional manner.

In addition, the Polish translation of the CETA had to be corrected, since the article 25.2 pt. 2d) which the original form is ‘to engage in regulatory cooperation to minimise adverse trade impacts of regulatory practices related to biotechnology products’ has been mistranslated thereby it had the opposite meaning in Polish.

The information was prepared by Kamil Trzaskoś of KG Legal Polish Law Firm. KG Legal provides specialised legal assistance to IT, Life Science as well as investment processes in Poland and organises networking between Polish and international companies and research centres.

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It is possible to temporarily operate business in Poland without setting up a separate entity. This form of providing services in Poland can only be temporary and in some cases an additional notification to competent authorities is required.

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Within the SEZ the investor can undertake production and render services (including logistics and informatics outsourcing, R&D, new technologies, accounting, call centers, etc.). In order to start the investment in the SEZs the investor is required to obtain the permit from the administrator of the SEZ. The permit is issued taking into account such criteria as the sustainability of the investment, the value of the investment of minimum 100.000 EUR, maintaining the investment for not less than 5 years and the creation of new jobs for at least three years (in case of SMEs). Particular requirements are establish in administrator’s ordinances.

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Polish construction companies more increasingly take part in tenders under public procurement in the Balkans. Unfortunately, sometimes it happens that Polish entrepreneurs have legal problems in obtaining the contracts. In such cases there arises the need to be provided with cross border legal services. Normally the latter takes place in the form of a cooperation between the Polish law firm and a foreign law firm from a given jurisdiction. When the Polish entrepreneur takes part in a tender organized by the Romanian public entity, the legal advice for such a company requires the support of a Polish lawyer specializing in international contract law as well as the assistance of Romanian lawyers specializing in Romanian public procurement law.

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