Poland is one of the most developed markets in Central and Eastern Europe for PPP. Although no PPP projects were closed under the Old PPP Act, Poland has closed a number of PPP projects under other regulations, principally in the roads sector. The new Public Private Partnership Act of 19 December 2008 (the “New Polish PPP Act”) helped streamline the process of developing future PPP projects in Poland. There is a healthy project pipeline. PPP projects have received strong governmental support in Poland and public sector partners have included the Ministry of Infrastructure (for rail projects), the General Directorate for National Roads and Motorways (for roads projects) and the Ministry of Health (for hospital projects), as well as local municipalities for other local PPP projects. The New Polish PPP Act came into effect on 27 February 2009 and replaced the Public Private Partnership Act of 28 July 2005 (the “Old PPP Act”).
The Old PPP Act was complicated and restrictive. As a result, no PPP projects were implemented under the framework of the Old PPP Act. Instead, other procurement methods were used. It is expected that under the New Polish PPP Act and the Concession Act, the PPP process will be streamlined and this will assist more PPP projects to achieve financial close more quickly and that this will be a stimulus to economic growth in Poland. However, until the new PPP rules are applied to some pilot projects, the rules remain as yet untested. The Polish government appears to have the political will to implement new projects using the PPP formula and there has been a significant change in the climate for PPP investments in the Polish market. The Ministry of Economy, is a great supporter of all PPP initiatives. The Polish government has also undertaken some legislative initiatives to simplify the procedure of starting a business, which will facilitate international investors entering the Polish PPP market.
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