EUROPEAN PARLIAMENT DIRECTORATE-GENERAL FOR RESEARCH DIRECTORATE A DIVISION FOR INTERNATIONAL AND CONSTITUTIONAL AFFAIRS RFM/mtb Brussels, 12 March 2003 INFORMATION NOTE on POLAND'S POLITICAL AND ECONOMIC SITUATION AND ITS RELATIONS WITH THE EUROPEAN UNION This note has been prepared for the Members of the European Parliament. The opinions expressed in this document are the author's and do not necessarily reflect the position of the European Parliament. WIP/2003/01/0041-42 CONTENTS SUMMARY OF LATEST DEVELOPMENTS ................................................................ 4 1. POLITICAL SITUATION .............................................................................................................................. 4 1.1. INTRODUCTION ............................................................................................................................................... 4 1.2. INSTITUTIONS ................................................................................................................................................. 4 1.3. CURRENT ISSUES AND RECENT DEVELOPMENTS.............................................................................................. 5 1.3.1. The collapse of the coalition government ............................................................................................. 5 1.3.2. The 2002 local elections and the party political landscape ................................................................. 6 1.3.3. Other recent developments ................................................................................................................... 7 1.3.4. External relations ................................................................................................................................. 7 2. ECONOMIC SITUATION .............................................................................................................................. 9 SUMMARY ....................................................................................................................... 9 2.1. ECONOMIC PERFORMANCE AND OUTLOOK...................................................................................................... 9 2.1.1. GDP growth ......................................................................................................................................... 9 2.1.2. Prices and wages................................................................................................................................ 10 2.1.3. Employment ........................................................................................................................................ 10 2.1.4. External sector ................................................................................................................................... 10 2.2. ECONOMIC POLICY ....................................................................................................................................... 11 2.2.1. Policy background and framework ................................................................................................... 11 2.2.2. Fiscal policy ....................................................................................................................................... 12 2.2.3. Monetary and exchange rate policy ................................................................................................... 13 2.2.4. Privatisation and inward investment .................................................................................................. 13 3. RELATIONS WITH THE EUROPEAN UNION ....................................................................................... 15 3.1. INTRODUCTION ............................................................................................................................................. 15 3.2. THE EU INSTITUTIONS' APPROACH TO ENLARGEMENT .................................................................................. 15 3.2.1. European Commission ....................................................................................................................... 15 3.2.2. European Parliament ......................................................................................................................... 16 3.2.3. The Council and the European Council ............................................................................................ 17 3.3. ACCESSION NEGOTIATIONS WITH POLAND .................................................................................................. 18 3.4. THE CONVENTION ON THE FUTURE OF EUROPE ............................................................................................ 19 3.5. PRE-ACCESSION ASSISTANCE AND THE ASSOCIATION AGREEMENT .............................................................. 19 3.5.1. Pre-accession aid ............................................................................................................................... 19 3.5.2. Association Agreement ....................................................................................................................... 20 ANNEX 1 PRESIDENT, GOVERNMENT, PARLIAMENT & CENTRAL BANK ......................................... 21 ANNEX 2 (RESULTS OF THE GENERAL ELECTION (23 SEPTEMBER 2001)) ........................................ 22 ANNEX 4 (COUNTRY FORECAST) .................................................................................................................... 24 ANNEX 5 (TRADE UE/POLAND) ........................................................................................................................ 25 ANNEX 6 (TRADE EU/POLAND BY MEMBER STATES) .............................................................................. 26 ANNEX 7 (TRADE RELATIONS EU/POLAND) ................................................................................................ 27 ANNEX 8 (EXTERNAL TRADE OF POLAND) ................................................................................................. 28 ANNEX 9 (BASIC STATISTICS FOR C.COUNTRIES) .................................................................................... 29 WIP/2003/01/0041-42 2 For further information contact: Frank McAvoy, European Parliament, Directorate-General for Research 1047 Brussels e-mail: fmcavoy@europarl.eu.int Tel. 0032 2 2842130 General sources: Economist Intelligence Unit, ISI Emerging Markets, Oxford Analytica Financial Times, European Commission, European Parliament, Warsaw Voice. WIP/2003/01/0041-42 3 SUMMARY OF LATEST DEVELOPMENTS Poland completed its EU accession negotiations at the Copenhagen summit in December 2002. It is now set to becomber a Member state along with nine other countries on 1 May 2004. The Accession Treaty is due to be signed in Athens on 16 April 2003, once the European Parliament has given its assent on 9 April. The referendum on membership will take place in June 2003. If the minimum turnout of 50% of the electorate is note reached a two-thirds vote of the accession terms will be needed in parliament. The ruling coalition of the SLD-UP and PSL collapsed at the beginning of May 2003 when the Prime Minister expelled the PSL members of his government following a parliamentary vote in which the PSL members supported the opposition to defeat a government bill on road taxes. The SLD-UP is likely to govern with a minority administration and seek support for legislation on an ad hoc basis, rather than seeking another coalition partner. Poland, along with the Czech Republic, Hungary and five EU Member States, signed an open letter at the end of January 2003 expressing solidarity with the US position on Iraq. Poland supports the attempts to resolve the crisis peacefully through the UN but has not indicated whether it would support a military operation without a Security Council mandate. Poland, along with the twelve other candidate states, endorsed the common stance on Iraq agreed by EU leaders at the special summit on 17 February 2003. The economy showed signs of recovery in the second half of 2002, with stronger growth likely in 2003, although unemployment has continued to rise. Fiscal policy also remains an area of great concern. The government is due to present proposals for reforming public spending and taxation in the course of 2003. 1. POLITICAL SITUATION 1.1. INTRODUCTION Poland is the largest and most populous (38.7 m inhabitants) of the EU candidate countries. The Polish state is over 1000 years old. After ceasing to exist as a state for 123 years following its partition at the end of the 18th century, the country regained independence in 1918 but was overrun, first by Germany and then by the Soviet Union in World War II, achieving its independence once again within the Soviet sphere of influence and new borders after the war. Labour turmoil in the 1980s led to the formation of the independent 'Solidarity' trade union that, over time, became a political force and, by 1990, had swept to victory in parliamentary and presidential elections. Complete independence came in 1991. Throughout the 1990s, the Polish political scene was dominated by two broad forces: one centred on a fragmenting Solidarity grouping and the other on a well-organised and disciplined post-communist movement. The 2001 election results marked a major break with this trend, for although the socialists emerged as the largest party, populist parties also made significant gains and the parties of the outgoing centre-right government failed to secure any seats in the lower house. 1.2. INSTITUTIONS The transition to democracy, initiated after the 'Round Table' negotiations in 1989 and the elections of June the same year, has continued steadily in the intervening years and this has done much to support the view that Poland fulfils the political criteria laid down by EU leaders at Copenhagen and that its institutions are functioning properly. The constitution of 17 October 1997 has created greater transparency as regards the functioning of the State, the division of power between State bodies and the rights and obligations of its citizens. It provides for a bicameral legislature, consisting of the 460 member Sejm (lower house) and 100 member Senat (upper house), elected for a four-year term. A proportional system governs elections to the Sejm, with a first-past-the-post system for the Senate. WIP/2003/01/0041-42 4 Members of the Council of Ministers (Cabinet) are nominated by the Prime Minister (currently Leszek Miller - appointed October 2001) and must be endorsed by parliament. The President, elected for a maximum of two five-year terms, is head of state and supreme commander of the armed forces (current President, Aleksander Kwasniewski - elected October 2000). He can dissolve parliament in certain circumstances e.g. if the Sejm fails to agree a state budget within four months of its first reading. The President can also veto parliamentary legislation, although the veto can be overturned by a three-fifths majority. The judiciary is a separate and independent power under the constitution. The Supreme Court exercises supervision over a system of common and military courts. It acts as ultimate instance of appeal and interprets legal provisions. There is also a Constitutional Tribunal and a Supreme Administrative Court. The reform of local government, started in January 1999, reduced the number of regions (voivodships) from 49 to 16. The changes have resulted in the reorganisation and decentralisation both of public authorities and public finances, as the regions are now responsible for their own development and for implementing regional economic policies, which will help them become more effective after accession. The regions therefore now have an elected council (sejmik), presided by a Marshal, and a representative of central government, the voivod, who is responsible for ensuring that State services operate properly. The sejmik is responsible for regional economic development, universities and colleges, specialised hospitals, key cultural facilities (museums, theatres, etc.), and regional roads. The voivod, a sort of governor with a deliberately political profile, is responsible for ensuring the legality of local authority acts. The reform also instituted an additional tier of government between the region and the municipality (gmina), namely the district (powiat), which is responsible for secondary schools, hospitals, action to combat unemployment, inter-urban roads, etc. There are 373 districts. The municipalities, of which there are 2 489, were instituted in the early 1990s. They have had their powers confirmed with regard to public registers, roads, cemeteries and public transport. They are also now responsible for financing and supervising local medical dispensaries and primary schools. Aid from the State budget is provided to cover these new costs. Church and State relations have sometimes been volatile. In 1998, a concordat (church-state agreement) drawn up in 1993 was ratified by the Sejm. 1.3. 1.3.1. CURRENT ISSUES AND RECENT DEVELOPMENTS THE COLLAPSE OF THE COALITION GOVERNMENT The coalition government formed in October 2001 by the Democratic Left Alliance - Labour Union (SLD-UP) and Polish Peasants' Party (PSL) collapsed at the beginning of March 2003 when the PSL ministers were expelled. It held two ministerial portfolios, agriculture and environment, as well as eight deputy posts. The SLD-UP will continue with a minority administration. The immediate cause of the collapse was a vote in parliament a few days before in which the PSL helped the opposition to vote down a road tax bill. The Prime Minister, Leszek Miller failed to obtain the assurances he requested from the PSL as to its support for government policies and a last-minute meeting to resolve differences failed, despite the personal wish of PSL leader Jaroslaw Kalinowski to maintain the coalition. The alliance has been an uneasy one since the beginning, and the end of the coalition has been greeted almost with relief by some on both sides. Recent frictions concerned the PSL-sponsored law on bio-fuels and its demands for increased food market intervention. The PSL has felt increasingly that it gained little in return for its support for the SLD's policies. The PSL's fairly successful performance in the recent local elections (see section 1.3.2) has bolstered its confidence, while the recent demonstrations by WIP/2003/01/0041-42 5 farmers and other discontented groups supported by its radical rival for the rural vote, Samoobrona, offered it little incentive to continue in government. The SLD-UP minority government now holds 212 seats out of 460 in the Sejm. Support from splinter groups within parliament may bring it a further 12 votes but it will be obliged to muster ad hoc support on most issues. However, the government is unlikely to be unseated in the short term, as this would require a constructive vote of no confidence, a majority for which is unlikely to be found in the current composition of parliament. Three major issues will dominate the government's agenda over the coming months: the EU referendum, economic recovery and reform of public finances. Fears that the collapse of the coalition would seriously compromise the EU referendum result appear to be largely unfounded. The PSL is unlikely to urge farmers to vote against an agreement with which it was so closely involved. Its leader, Mr Kalinowski, has already said that his party will not attempt to block membership, although this does not necessarily mean that it will campaign in favour and it has asked for guarantees on certain issues of concern to farmers. However, their is still concern that the referendum could become a focus of protest for discontented rural voters and other discontented groups such as health service and railway workers. The reform of public finances will be debated over the coming months following the announcement by the Finance Minister, Grzegorz Kolodko, of his outline plan. While discussions within the government on the difficult options may be made easier by the departure of the PSL, the parliamentary hurdles remain, although the government is likely to be to count on the support of the liberal Civic Platform (PO) with its 57 members on the EU referendum and fiscal reform issues. Among the opposition parties, the Law and Justice (PiS - 43 seats) and League of Polish Families (LPR 28 seats) have demanded the dissolution of parliament and early elections - elections are normally due only in 2005. Although the government has ruled this out, the LPR in particular has indicated it will step up its opposition and has began collecting signatures for a motion to dissolve parliament. The radical Samoobrona movement (40 seats) has always given the government a difficult time inside and outside parliament and both it and the LPR did well in the recent local elections (see section 1.3.2). 1.3.2. THE 2002 LOCAL ELECTIONS AND THE PARTY POLITICAL LANDSCAPE The local elections held in October - November 2002 provided an indication of the degree of popular disillusion with most of the mainstream parties, even though they cannot be taken as a pointer as to how Poles would vote in a parliamentary election. Coming almost exactly a year after the formation of the SLD-UP/ PSL coalition government, the results were particularly disappointing for the major partner, the Democratic Left Alliance-Labour Union (SLD-UP). Although it emerged as the largest party in terms of votes and seats, its share of the vote at 24.5% was well down on the 41% it scored in the 2001 general election. The SLD's coalition partner, the Polish Peasants' Party (PSL), fared somewhat better on the higher turnout in rural areas, winning 11% of votes compared with 9% in the parliamentary elections. The main beneficiaries of voter discontent were once again the radical Samoobrona (Self-Defence), which won 16% (10.2% in the parliamentary elections), and right-wing League of Polish Families (LPR), which won 14.5% (7.9% in the parliamentary elections). The centre-right Civic Platform (PO) and Law and Justice (PiS) parties ran a joint campaign in most areas and won 16.5% compared with 22.2% in the parliamentary elections. In Warsaw, where the PO and PiS did not run jointly, the PiS candidate Lech Kaczynski came defeated his PO rival, Andrzej Olechowski, and went on to win the second round run-off against the SLD candidate, Marek Balicki. Mr Kaczynski is seen as one of the front runners among potential centre-right candidates for the 2005 presidential election. The centrist Freedom Union and the various parties which had made up the Solidarity Alliance all fared poorly in the local elections. WIP/2003/01/0041-42 6 The election campaign was overshadowed by the disturbances in the Sejm provoked by opposition MPs from the LPR and Samoobrona, which led the Speaker to suspend parliamentary sittings until after the local elections. The protests had been triggered initially by disapproval of the government's decision to sell 85% of the shares in the Warsaw electricity producer STOEN to the German group RWE. Both LPR and Samoobrona subsequently called for the dismissal of the Speaker of the Sejm, Marek Borowski, and were initially supported by some discontented PSL members and the Civic Platform, although the motion was subsequently defeated when PSL and Civic Platform finally voted with the SLD. 1.3.3. OTHER RECENT DEVELOPMENTS The tensions within the coalition, which ultimately brought about its collapse are not new. Since the beginning there have been differences, notably over the economic austerity package and the concessions in the negotiations with the EU on issues such as the sale of land to foreigners, as well as on the government's policy towards the monetary policy committee (RPP). However, despite these problems, the government successfully concluded the EU accession negotiations in December 2002.1 The lastminute improvements in the terms, especially for the initial years of membership, went a long way towards meeting the concerns of the SLD's coalition partner: the PSL's leader, Agriculture Minister Jaroslaw Kalinowski, described the outcome of the agriculture negotiations as good, although not a success. However, tensions continued into the new year over the interpretation of some provisions of the agreement. The PSL was particularly opposed to aspects of the mixed system of funding proposed by the EU. Polish negotiators held last minute meetings with EU officials to clarify the outstanding issues before the final text of the draft Accession Treaty was adopted on 5 February. The real test for the government will come when Poles express their views on EU membership in the referendum to be held in June 2003. Relations between the government and the President have not always been smooth. While EU accession is one area where President Kwasniewski and Mr Miller have worked together, at other times differences of approach have been discernible and have fuelled media speculation about a power struggle between the two for leadership of Poland's left. In October 2002, Mr Kwasniewski, a former leader of the SLD, decided to refer the government's proposals for a tax amnesty and compulsory property declarations for income taxpayers to the Constitutional Court, which ruled that they were unconstitutional. This followed earlier criticisms by the President of the government's policy towards the media and the independence of the central bank. Given Mr Kwasniewski's considerable personal popularity, speculation has also focused on the possibility of his founding a new political grouping when he leaves office 2005. In a poll conducted in January 2003 by CBOS, 34% of respondents said they would support such a party. 2 A major controversy has erupted over allegations of corruption and media control. At the end of December 2002, the largest circulation Polish newspaper, Gazeta Wyborcza, reported that the wellknown film producer, Lew Rywin, had demanded a bribe of US$ 17.5 million from the newspaper's publishers Agora in return for changes to the new media law which would allow Agora to purchase the Polsat TV station. Rywin reportedly claimed that he had made agreements with the Prime Minister and that his offer was backed by a group currently in power. Mr Miller denied he had any dealings with Rywin and called for an investigation. In January 2003, the Sejm voted to set up a parliamentary commission to investigate what has been called 'Rywingate'. Consideration of the controversial media was suspended for several weeks. 1.3.4. EXTERNAL RELATIONS Poland's chief foreign policy objectives since the 1990s have been membership of NATO and the EU. It achieved the first of these in March 1999 when it joined NATO, despite Russian objections. With the conclusion of the EU accession negotiations in December 2002, Poland is now set to join the EU in May 1 2 For more details see section 3.3 'Accession negotiations with Poland' Intellinews, Country report - Poland, February 2003 WIP/2003/01/0041-42 7 2004. It has regularly aligned its foreign policy positions with those of the EU and associated itself with a number of joint actions and common positions. It has also earmarked a brigade of up to 2500 troops to be part of the EU Rapid Intervention Force. Poland participates actively in regional cooperation initiatives such as the Council of the Baltic Sea States, the Visegrad Group, the Northern Dimension and the Central European Initiative. Through the 14 Euro-regions established along its borders, Poland has developed contacts at regional authority level. It has also particularly developed its links with Lithuania and Ukraine. Poland supports the Stability Pact for Southeast Europe. It has taken part in a number of UN and OSCE peacekeeping and observer operations, including those in the Balkans, where it has 1500 troops on peacekeeping duties. Given its size and strategic location, relations with its eastern neighbours and the future of East-West relations have also been important to Poland. It has recently proposed the development by the EU of an 'Eastern Dimension' to complement the existing 'Northern Dimension' as a framework for relations with countries such as Belarus, Ukraine and Moldova.1 Relations with Russia were generally difficult during the 1990s with episodes such as the 'tit-for-tat expulsion' of spies in 1999. However, some improvement in relations has been discernible since 2000. Following a visit to Russia by President Kwasniewski in 2000, President Putin visited Poland in January 2002, the first visit to Poland by a Russian President for nine years. President Putin's visit was marked by a number of highly symbolic gestures, which were seen as significant in terms of Polish-Russian reconciliation. The issues covered in the talks held during the visit were economic and political. The Polish Prime Minister and Mr Putin agreed to set up a Committee for Polish-Russian Cooperation to monitor economic and political relations and that the Prime Ministers of both countries would meet at least twice a year. Poland is still heavily dependent on Russia for gas and to a certain extent for oil. The gas supply issue has sometimes been highly politicised, as in 2000 when Poland reacted angrily at the discovery of a high capacity fibre optic cable running along a Gazprom pipeline passing through Poland to Berlin. Linked to this is the Polish trade deficit with Russia. The possible sale of a majority stake in the Gdansk oil refinery to a Russian/British consortium also has a political dimension. Other bilateral issues include Kaliningrad and the visas which Poland will introduce for Russian, Ukrainian and Belarussian citizens in July 2003 as part of its preparations for joining the EU and the Schengen system. Recently, following a Polish request to Russia to renegotiate the contract, the two countries agreed on a reduction of natural gas deliveries to Poland of one-third over period up to 2023. The latest visit by a senior Polish figure to Russia was in February 2003, when the Foreign Minister, Wlodzimierz Cimoszewicz, discussed the visa question in the light of Poland's accession to the EU and compensation for former Polish prisoners held in Soviet 'gulags'. The is the first time Russia has been willing to discuss compensation. The talks were continued during the visit to Poland by Russian Prime Minister Mikhail Kasyanov on 21 February 2003, although the main focus was on economic issues, notably the prospects for Russian firms to invest in Poland. The two sides also agreed to set up a working group to study ways of eliminating any negative consequences for bilateral relations which might arise once Poland joins the EU. Russia announced at the beginning of March 2003 that it will introduce visas for Polish citizens from 1 July 2003. Relations among the Visegrad Group of countries (V4 - Czech Republic, Hungary, Poland and Slovakia) have started to improve again recently following a temporary cooling-off, notably in the aftermath of the adoption of the Hungarian Status Law and the controversy over the Benes Decrees. A meeting of V4 Presidents took place on 22 August 2002 at which EU accession issues, NATO enlargement and the recent initiative of President Kwasniewski on closer defence cooperation among 13 central, east and southern European states were on the agenda, as was the severe flooding in the Czech 1 See the Polish Foreign Ministry website for the text of a 'Non-paper with Polish proposals concerning the policy towards new Eastern neighbours after EU enlargement': http://www.msz.gov.pl/start.php WIP/2003/01/0041-42 8 Republic, Hungary and Slovakia. A proposal to coordinate the timing of the referenda on EU membership to be conducted in the four countries, with the votes taking place in sequence at two or three week intervals was also discussed. Justice Ministers of the V4 met in November 2002 to discuss measures against terrorism. The Prime Ministers of the four countries met on 1 December 2002 to coordinate their position before the final round of EU accession negotiations in December 2002 and agreed that the grouping should continue to develop ties after EU accession. At a meeting of Parliamentary Speakers of the V4 on 13 January 2003, there was agreement on the need to intensify cooperation and support for a Czech proposal that MPs participate in the EU referendum campaigns in neighbouring countries. 2. ECONOMIC SITUATION SUMMARY The coalition government formed in October 2001 was confronted with a serious crisis in Poland's public finances, as lower than forecast economic growth and rising unemployment reduced revenues, provoking a fiscal deficit twice as high as that in 2000. The government of Leszek Miller broadly achieved its shortterm objective of stabilising state finances in its first 100 days. However, the longer-term issues of reforming public finances remain. In January 2002, the government announced its medium-term economic plans aimed at raising growth to 5% by 2004 by a package of measures targeted on promoting enterprise, employment and infrastructure. Unemployment remains a major concern. The sudden resignation of Finance Minister Marek Belka in July 2002 raised doubts about the government's commitment to reducing the fiscal deficit and reforming Poland's public finances, as assurances of continuity in policy were somewhat undermined by a package of 'anti-crisis' measures, which were seen as making the task more difficult. The break-up of the governing coalition in March 2003 is likely to make it easier for the SLD-UP minority government to agree its reform strategy but it will need the support of other parties to secure a parliamentary majority for the necessary legislation. Tensions between expansionary fiscal policy and anti-inflationary monetary policy, which brought the government and Monetary Policy Committee into conflict in its first year in office, have lessened in recent months as the National Bank has steadily cut interest rates and the new Finance Minister, Grzegorz Kolodko has been more conciliatory than expected towards the monetary authorities. Both recently agreed on a common strategy to enable Poland to meet the Maastricht criteria and adopt the euro. 2.1. 2.1.1. ECONOMIC PERFORMANCE AND OUTLOOK GDP GROWTH Towards the end of 2000, economic growth in Poland began to lose momentum. In 2001, the economy remained weak and GDP grew by only 1% year on year, compared with 4% in 2000, as consumer spending and fixed investment declined. After being the most dynamic component of the growth in demand for the previous three years, investment in the corporate sector fell by 10.2% in 2001, reflecting low profitability and high real interest rates as the rapid fall in inflation outpaced interest rate cuts.1 In 2002, GDP grew at a slightly higher rate of 1.3%, driven mainly by private consumption (up 3.3%) and the falling deficit on foreign trade in goods and services, although the 7.2% fall in fixed investment, continued to have a negative impact on growth. However, the more rapid rate of growth in the final quarter of 2002 (2%) points to a more sustained improvement in 2003, when GDP growth expected to reach 2.7%, rising to 3.8% in 2004.1 This view is supported by industrial output figures for December 1 1 Economist Intelligence Unit, Country Report Poland, August 2002 Economist Intelligence Unit, Country report - Poland, February 2003 WIP/2003/01/0041-42 9 2002 and January 2003 which show year-on-year increases of 5.1% and 4.2% respectively. Retail sales data also show a year-on-year rise of 4.1% in December and 6.4% in January. The higher than expected increases in social benefits and public-sector wages and salaries in 2003 are also likely to support this trend through private consumption, and with the gradual improvement of the finances of the corporate sector, a return to growth of investment is expected in 2003-2004. On the external side, export growth was more robust than expected in 2001 and 2002, despite the weakness of Poland's main export markets and the strength of the zloty. This positive export trend is expected to be sustained in 2003-2004, although all analysts stress the significant downside risks related to the degree and length of the recession in the main European economies, notably Germany. Another factor is that the return to growth of investments will boost imports, reducing the net positive contribution of trade to GDP growth. 2.1.2. PRICES AND WAGES Inflation has fallen rapidly as growth rates have declined. Average annual inflation, as measured by the consumer price index, fell from 10.1% in 2000 to 5.5% 2001 and declined further to only 1.9% in 2002. This development also gave the Central Bank considerable scope for interest rate cuts in 2002. Inflation is expected to remain at low levels in 2003, rising slightly towards the end of the period. Productivity growth has continued to increase despite the economic slowdown, while the growth of wages has been constrained by fears of rising unemployment and rapidly declining inflation. The average real growth in wages for 2002 was only 1.5%. The slow growth of wage costs has helped maintain the competitiveness of Polish goods internationally, although Polish unit labour costs tend to be higher than in much of the rest of Eastern Europe, as long-term real wage growth has been strong. Non-wage costs, especially social security charges, are also relatively high so that taxes and social contributions account for 42% of total labour costs, close to levels in Germany (47%) or France (48%). 2.1.3. EMPLOYMENT1 High unemployment is one of the main problem areas of the Polish economy and society. After a slight respite at the beginning of 2001, the number of job losses continued to accelerate, particularly in construction, as well as in manufacturing and transport. This, combined with a low level of job vacancies, resulted in a renewed rise in the unemployment rate as measured by the quarterly labour force survey. By this measure, unemployment rose from 18.5% in the final quarter of 2001 to 20.3% in the first quarter of 2002 falling back slightly to just under 20% in the final quarter. The labour force survey of employment levels showed a rapid fall during the summer of 2002 with employment in the third quarter 3-4% lower than in 2001, although there were clear sectoral differences, with manufacturing and construction showing the sharpest falls. Poland has the highest rate of unemployment of the candidate countries. The regional spread of unemployment is uneven, with the worst-hit areas traditionally in the north-west and east. Within regions there are also wide variations, with some of the worst districts registering levels of 35%, while leading cities have much lower rates: in September 2002 Warsaw's unemployment rate was 6.4%, Poznan 6.7% and Krakow 8.3%. 2.1.4. EXTERNAL SECTOR The current account deficit fell to US$ 7.1 billion in 2001 (4.1% of GDP) compared to US$ 9.9 billion in 2000 (6.3% of GDP). This is well below the near-crisis level of over 8% of GDP reached in 1999. In the twelve months to December 2002, the deficit continued to narrow to US$ 6.7 billion or 3.6% of GDP.2 1 For a more detailed assessment of employment policies, see the supporting document to the Commission Communication of 30.01.2003 on 'Progress on the implementation of the Joint Assessment Papers on employment policies in the candidate countries', COM(2003) 37 final and SEC(2003)200. 2 EIU Country Report Poland, February 2003 WIP/2003/01/0041-42 10 Exports recovered after weakening at the beginning of the year and, although imports have also started to rise, the rate of growth has been much slower. In US Dollar terms, imports rose by 30.4% in 2002 and imports by 24.1% y/y. However, this sharp rise also reflects the falling value of the US currency and, in euro terms, exports grew by 14.3% y/y, while imports increased by 8.6% y/y. The recent strength of Poland's export performance has surprised analysts, given the weakness of the international and, particularly, the EU economy and the strength of the zloty. However, better access to developed markets and an improved product range, as well as the cyclical situation of the world economy, which is relatively favourable to the specific structure of Polish exports, have contributed to this positive development. Export growth is expected to gain momentum in 2003 and 2004, although recovery in domestic demand will also boost imports. Higher transfer payments to Poland, particularly from the EU, and continuing low levels of interest rates should help contribute to moderating current account deficits, and much of the funding gap should be covered by foreign direct investment inflows, provided the global economy does not weaken further and the government meets its ambitious FDI targets. Overall, the current account deficit is expected to widen slightly in 2003-2004 to 3.9% and 4.4% of GDP. The EU Member States remain Poland's main trading partner, accounting for 69% of its exports and supplying 61% of its imports. Germany alone accounted for 33% of Polish exports in 2002. However, although exports to Germany rose only slightly in 2002, sales to France, Sweden and the UK rose sharply, and exports to Russia and the CEFTA countries were particularly buoyant. 2.2. 2.2.1. ECONOMIC POLICY POLICY BACKGROUND AND FRAMEWORK In the early years of transition, from 1989 until the mid-1990s, Polish economic policy was dominated by the goal of stabilisation. Under IMF guidance, a tough stabilisation plan was implemented with cuts in public spending, a sharp devaluation of the zloty and wage controls. Underpinning this was a commitment to a fixed nominal exchange rate to control inflation and a tight tax-based incomes policy. The so-called 'Balcerowicz plan' brought inflation under control but also provoked a deep recession. Even after this initial period of so-called 'exceptional politics' was over, macroeconomic policy remained fairly consistent through most of the 1990s, despite the breakdown of the initial political concensus. Thus, government deficits were relatively stable, the commitment to the market economy was maintained, banking and tax reforms were introduced and privatisation proceeded. In 1995, the currency was reformed and, in 1998, the Central Bank (NBP) was made more independent. Economic policymaking in Poland has two main poles, the Finance Ministry and the National Bank and independent monetary policy committee (RPP). On 11 February 2000, the European Commission and the Polish Government published a Joint Assessment of the medium-term economic policy priorities of Poland in accordance with the recommendations of the Accession Partnership. On 9 October 2001, the newly-formed SLD/UP-PSL government coalition signed a policy agreement. The new government pledged to stabilise public finances, complete EU accession negotiations in 2002 and create a sound basis for economic development, boosting GDP growth to 5% by 2004. At the end of January 2002, the government announced details of its new economic programme, including a package of medium-term measures to promote enterprise, especially SMEs, employment-creation schemes and infrastructure investment, notably in housing and road-building. In July 2002, a further mini-package of anti-crisis measures was announced. At the beginning of March 2003, the Finance Minister, Grzegorz Kolodko presented an outline of the long-awaited public finance reform programme, which aims to allow Poland to meet the Maastricht criteria in 2006 with a view to adopting the euro in 2007. The departure of the junior coalition partner WIP/2003/01/0041-42 11 should make discussion of the proposed reforms easier within the government but it will still have to find the necessary parliamentary majority to implement the reforms. However, the package, which concentrates on changes to the tax system, has already been criticised for failing to address properly the high proportion of fixed spending in public finances. 2.2.2. FISCAL POLICY Fiscal policy has been one of the main concerns of economic policy-makers in both the previous and present governments. A sharp fall in revenues in the first half of 2001 forced the outgoing AWS government to rebalance the budget in July 2001 by raising the state budget deficit (the state budget accounts for around half of total public expenditure) and another readjustment had to be made before the end of the year. The final budget deficit, at 4.3% of GDP, turned out to be just within the revised scenario, although this was double the 2.2% deficit recorded in 2000. The new SDL-PSL government acted quickly on the taxation side of public finances with measures announced in November 2001 to freeze tax thresholds, tax benefits in kind and revoke various allowances. The most controversial measure was the introduction of a tax on unearned income. Other measures included a freeze on the salaries of ministers and senior officials, a commitment to streamline and rationalise administrative structures and a package of immediate spending cuts for the 2001 budget. The state budget deficit for 2002 was within the target at 5.1% of GDP. The general government balance, according to the European Union's ESA 95 methodology, showed a deficit of 4.4%, while the 'economic deficit'1 is estimated to have been between 5.5% of GDP (Finance Ministry) and 5.8% (Monetary Policy Council). The 2003 budget foresees a lower state budget deficit of 4.9%, a deficit on the ESA definition of 3.9% and an 'economic deficit' of 4.7%, but the National Bank of Poland considers that the 'economic deficit' is more likely to be around 5.4% of GDP because of higher borrowing by offbudget funds. The planned reduction in the deficit is expected to come more from faster growth of projected revenue rather than from spending cuts but if the ambitious GDP growth target of 3.5% is not met as seems likely, some limits on spending may be necessary in the second half of the year. Poland's public debt rose in 2002 to 47.5% of GDP from 43.2% of GDP in 2001 (by ESA standards public debt reached 44% of GDP in 2002). Public is expected to rise in 2003 to over 50% though much depends on the level of privatisation revenues. The main fiscal policy challenge for the government is the reform of public finances. This is all the more urgent as privatisation inflows will begin to decline in the medium term at the same time as higher principal repayments fall due on the country's external debt. The Finance Minister, Mr Kolodko, finally announced details of his ideas on reform at the beginning of March 20032. Outlining various possibilities, he stressed that the 'stability and development scenario' would help avoid severe spending cuts and create the opportunity for Poland to co-finance EU projects without tax increases. This would involve abolishing most tax concessions and lowering income tax rates, introducing capital gains tax on equities from 2004 and abolishing some funds and agencies. The reforms would also provide for greater devolution of powers to local government, which would be given more revenue-raising and spending powers. The automatic indexation of public sector wages and social benefits would be abandoned. If these reforms are implemented, Mr Kolodko expects growth to accelerate to 4.9% in 2004, rising to 6% in 2006, and the budget deficit to narrow to 3.5% in 2006. He also suggested that part of the National Bank's revaluation reserves might be used to co-finance EU projects, although this is likely to be resisted by the Bank. According to Mr Kolodko, failure to implement the reforms would raise the spectre of what he referred to as a 'stagnation and crisis scenario', in which growth would decline from 2.5% in 2003 to 1.7% in 2004 reaching -1% in 2006. 1 General government deficit adjusted for payments to pension funds, compensation payments to state workers etc. (Source Ministry of Finance website) 2 ISI Intellinews - Poland Today, 3 March 2003 WIP/2003/01/0041-42 12 The government has yet to discuss the reform proposals, although this is likely to be easier now that the PSL ministers have been expelled. Whether the government will be able to find a parliamentary majority to support radical reform remains to be seen, and it is unlikely that any politically contentious spending cuts will be announced before the EU referendum. As elections are due in 2005, any reform package would therefore have to be steered through parliament by 2004 at the latest. 2.2.3. MONETARY AND EXCHANGE RATE POLICY Poland has operated a free-floating exchange rate regime for the zloty, with occasional smoothing interventions by the central bank (NBP), since the crawling band system was abandoned in April 2000. There are no controls on long-term capital flows. The zloty fell in value amid market uncertainties following the change of Finance Minister in June 2002. However, it regained ground in October and November and is likely to continue to rise against the weakening dollar but to lose ground against the euro as it strengthens. The central bank (National Bank of Poland), which is headed by the former finance minister, Mr Balcerowicz, is responsible, under the terms of the constitution, for safeguarding the value of the currency, while monetary policy is a matter for the monetary policy committee (RPP), chaired by the central bank governor. Tensions between the RPP and the government have eased in recent months. On the one hand, the government has toned down the highly critical stance it had adopted in opposition and in its early months in office, while on the other, the RPP has continued to cut interest rates. In repeated small cuts since February 2001, when the rate was 19%, the RPP had brought the key intervention rate down to 6.5% by January 2003. However, real rates have remained relatively high as inflation has also fallen sharply. Analysts consider there is more scope for further cuts in 2003 as inflationary pressures are likely to remain subdued. In February 2003, the RPP adopted a 'Monetary Policy Strategy after 2003'. The main assumptions of its approach are that Poland will adopt the euro in 2007, that the free float of the zloty will be maintained until entry into the exchange rate mechanism (ERM 2) and that inflation will be stabilised at 2.5% +/1%. The RPP has also decided to shift from the year-end inflation target to a continuous inflation target involving monthly monitoring after 2003. The RPP warned that a loose fiscal policy during Poland's membership of the ERM 2 might lead to a currency crisis. Disagreements between the government and the RPP could resurface later in 2003, as the issue of the zloty's entry to the ERM-2 comes to the fore. Many in the government would like to see the National Bank intervene to bring the value of the zloty down so that it can enter the exchange rate mechanism at a relatively weak central rate to the euro, while the current RPP is likely to resist such moves. However, the membership of the RPP is due to be renewed in February 2004, and a majority of its members will be nominated by the government. 2.2.4. PRIVATISATION AND INWARD INVESTMENT In line with international trends, the inflows of foreign direct investment (FDI) to Poland fell in 2001 to US$ 6.9 billion from a high of US$ 8.2 billion in 20001. However, this was still close to the average figure for FDI inflows to Poland over the last five years. The decline intensified in 2002, with FDI inflows of only US$ 3.7 billion as the privatisation programme made slow progress. In per capita terms, Poland has performed somewhat less well in attracting FDI than some of its neighbours, notably the Czech Republic and Estonia, but, as a percentage of GDP, FDI inflows to Poland in 1996-2000, at 4.3%, were nevertheless close to the central European average of 4.4%, and the cumulative value of inward investments in Poland is the highest in central and eastern Europe. The foreign investment agency PAIZ announced in January 2002 that a new act on state assistance for foreign investors would come into force in June providing a range of incentives for qualifying projects. Although FDI inflows are likely to continue at a respectable rate over the next few years, the peak in terms of privatisation proceeds seems to have passed. While in opposition, the SLD criticised the 1 Data of National Bank of Poland based on balance of payments WIP/2003/01/0041-42 13 previous government's privatisation programme, claiming much of it was motivated by the need to make up budgetary shortfalls rather than by a concern to promote economic development, so-called 'fiscal privatisation'. The SLD-PSL coalition government initially froze any major asset sales while formulating its new approach. In May 2002, the Treasury Minister, Wieslaw Kacmarek, gave further details of the government's privatisation plans aimed at giving Poland an ownership structure typical of an EU Member State's economy, with the state's share of assets (currently 28%) falling to between 10 and 15% by 2005. 1 Both coalition parties had pledged to ensure that any privatisation of the two remaining large banks still under state control PKO BP (savings bank) and BGZ (agricultural bank) would respect their 'national character'. The share of foreign capital already represents over 70% of the total assets of the domestic banking sector. Consolidation is most likely in the sensitive steel, chemicals, energy, telecoms and defence equipment sectors where privatisation has proved increasingly difficult, although Mr Kacmarek has insisted that this strategy would be a preparation for privatisation, not an alternative to it. Privatisation is to be guided by three broad goals: enhancing competitiveness in the economy as a whole, restructuring sensitive sectors and supporting further development of the capital market. Greater use is likely to be made of partial public offerings on the stock market and the state will encourage pension funds to play a more active role. The state will also retain a controlling interest in certain areas of strategic sectors such as transport and energy. The 2002 budget foresaw privatisation revenues of PLN 6.7 billion but, in practice, only PLN 2.86 billion (US$ 733 million) was raised, compared to the revised target of PLN 3.7 billion, and PLN 1.5 billion of this was from the sale of 85% of the power distributor STOEN to the German group RWE. Other larger privatisation projects in 2002 included the sale of the WSK PZL Rzeszow engine plant, the Skawina power plant and the pharmaceutical distributor Cefarm. The procedure for the sale of the G-8 group of electricity distributors has started and should be completed in 2003. Other power distributors are to be consolidated into four groups and sold in the period 2004-2006, while a number of individual power plants and heat and power companies will be sold in 2003. The sale of the Rafineria Gdanska oil refinery has not yet been completed. A consortium of the Russian company LUKoil and the UK firm Rotch Energy was selected as strategic investors for Rafineria Gdanska with a stake of 75% up for sale, but the Treasury has been critical of the consortium's latest offer and has not excluded other options for RG's future, including a possible merger with PKN Orlen. Privatisation of the insurance company PZU, which was scheduled for the second half of 2003, may be delayed, as the Treasury Minister has indicated recently that complete privatisation should not take place until restructuring and modernisation had taken place since this would alter the company's value. In 1999, 30% of PZU was sold to a consortium of Ereko and the BIG BG Bank. In a move in the opposite direction, the government effectively re-nationalised the Szczecin shipyard following its bankruptcy and protests from the workforce. A new company has been formed and the government has guaranteed 70% of the credit to be granted by the state-owned PKO BP bank for the completion of three ships. The shipyard had an order book for 31 vessels to be built up to 2004 which the successor company is anxious to maintain. The government has indicated that it intends to sell off the shipyard once its liquidity problems have been solved. The State Agency for Industrial Development AKP hopes to complete the consolidation of the shipbuilding sector as a whole by the end of 2004, the aim being to ensure that the commercial activities of the two shipyards and the marine engine manufacturer are more complementary. Another problem area is steel production. In December 2002, Poland finally closed the negotiations with the EU on the competition policy chapter in which steel was a major issue. Under the restructuring plan, net capacity will have to be reduced by 901 000 tons and employment by 30%, while state aid to the sector would be authorised with the aim of restructuring and modernising the industry to try to achieve profitability by 2006. The detailed programme should be approved in March 2003. In the 1 Economist Intelligence Unit, Country Report Poland, December 2002. WIP/2003/01/0041-42 14 meantime, the process of privatising the main steel producer, PHS, is underway with three major companies, Arcelor, LNM Group and US Steel, expressing an interest in bidding for the 51% stake.1 3. RELATIONS WITH THE EUROPEAN UNION 3.1. INTRODUCTION The basis for current political and economic relations between Poland and the European Union is the Europe Agreement, which came into force, after a transitional period of two years, on 1 February 1994. The Agreement improves the conditions for effective economic and political reform and provides the institutional framework and legal basis for relations between Poland and the EU with a view to bringing Poland closer to EU membership. Poland's application for membership of the European Union was submitted on 5 April 1994 and the accession negotiations began in March 1998. By the end of July 2002, 26 of the 31 chapters had been provisionally closed. A central element of the enhanced pre-accession strategy adopted by the Luxembourg European Council in 1997 is the Accession Partnership. The partnership sets out short and medium-term priorities and outlines the way the Phare, Sapard and Ispa programmes will support Poland's preparations for membership. The latest revision dates from November 2001.2 The revised National Programme of Preparation for Membership of the EU, which sets out how Poland proposes to meet the partnership objectives, was adopted in June 2001.3 3.2. 3.2.1. THE EU INSTITUTIONS' APPROACH TO ENLARGEMENT EUROPEAN COMMISSION The Commission, which has an important role to play in the enlargement process, delivered its opinion on the applications by the countries seeking membership in a key document published in July 1997 Agenda 2000. In the case of Poland, following the Commission's recommendation, negotiations were opened in February 1998. In Agenda 2000 the Commission also said that it would report regularly on the progress made by each of the candidate countries. The first reports were presented in November 1998 and the fifth and latest report was published in October 2002.4 In its 2002 Strategy Paper 'Towards the Enlarged Union'3, the Commission concluded that, bearing in mind the progress achieved, their track record in implementing their commitments, and taking into account their preparatory work in progress, Poland and nine other countries 'will have fulfilled the economic and acquis criteria and will be ready for membership from the beginning of 2004'. The Commission recommended concluding the negotiations with what it termed the 'ten acceding countries' by the end of 2002. In its 2002 Regular Report, the Commission concludes that Poland continues to fulfil the Copenhagen political criteria having made considerable progress since 1997 in further consolidating and deepening 1 'Steel Industry - Forging Ahead', Warsaw Voice, 9 February 2003 For the text of the Accession Parnership as well as the Commission Opinion and Regular Reports see: http://europa.eu.int/comm/enlargement/poland/index.htm 3 For the full text of the programme see the website of the Committeee for European Integration: http://www.ukie.gov.pl/eng.nsf/B-DP-NPPC 2 3 COM(2002) 700 final WIP/2003/01/0041-42 15 the stability of its institutions guaranteeing democracy, the rule of law, human rights an respect for and protection of minorities. It finds mixed progress in the area of reinforcing administrative capacity, noting that implementation of the Civil Service Law had been limited by the temporary suspension of the system of recruitment by open competition. The Commission notes progress in reforming the judiciary and urges that efforts should be focused on ensuring that the progress made delivers the desired results in terms of improved efficiency. Corruption remains a cause for serious concern and substantial efforts are needed to ensure concrete results in combating the problem. The Report notes the progress of Poland in achieving macroeconomic stability and concludes that Poland is a functioning market economy. It singles out fiscal consolidation, the completion of restructuring and privatisation and further improvements to bankruptcy procedures and the land registry as areas for action. Reviewing the situation with regard to the adoption of the acquis, the Commission notes that Poland's progress was initially slow but subsequently accelerated to a point where the vast bulk of primary acquis is now in place. While administrative capacity has progressed, it has not done so to the same extent as legislative alignment. Detailed plans have been agreed in the negotiations and in the Action Plan to cover the remaining gaps. Bearing in mind the progress made, the level of alignment and administrative capacity achieved and Poland's track record in implementing its commitments, the Commission concludes that Poland will be able to assume the obligations of membership in accordance with the envisaged timeframe. On 19 February 2003, the Commission adopted a favourable opinion on the accession applications of the ten acceding countries. The Commission will continue to monitor their progress and will present a final report to Council and Parliament in November 2003, six months before the date of accession. 3.2.2. EUROPEAN PARLIAMENT Although, formally, its main role in the enlargement process is to give its assent to the final agreement reached after the conclusion of the intergovernmental negotiations with the individual candidate countries, in practice, the European Parliament has been involved in the process in an number of ways since the beginning. In particular, it has expressed its opinion on the unfavourable conditions for enlargement, notably on the unsuitability of the current institutional framework for dealing with an increase in the number of Member States. When Parliament gave its opinion on the Commission's Agenda 2000 document and the individual country applications, stressed that the enlargement process should be as inclusive as possible and that each country should be judged according to the progress of its negotiations, which should proceed at a pace appropriate for each country (Resolution on the Communication from the Commission ' Agenda 2000 - for a stronger and wider Union' , C 4-0371/97). The resolution also states that Parliament "believes that intensive negotiations on an individual basis should begin with the countries which have made most progress. Parliament has also adopted resolutions on the enlargement process and on the Commission's regular progress reports. The latest resolutions on enlargement 1 were voted in June and November 2002. In June 2002, Parliament also adopted resolutions on specific aspects of enlargement: financing, border regions, agriculture and the ISPA and SAPARD instruments. The enlargement resolution of 20 November urges the Copenhagen European Council to set the date for accession for early 2002 and no later than 1 May 2004. In the section of the November 2002 resolution dealing specifically with Poland's progress, Parliament points out the efforts made by Polish society, its social and economic actors and successive governments to implement the necessary reforms, and applauds the considerable legislative work completed by the 1 For Parliament's resolutions, see the Enlargement pages on Europarl: http://www.europarl.ep.ec/enlargement/default_en.htm WIP/2003/01/0041-42 16 Polish Parliament. It encourages the authorities to redouble their efforts to remedy the shortcomings identified in the latest Regular Report, notably as regards enforcement capacity. It points out that Poland has helped to bring the European area of security and justice into being. Parliament also welcomes the progress made in adopting the environmental acquis. It expects the new anti-corruption programme to produce practical results as soon as possible. The resolution notes with satisfaction the attention paid by the Polish authorities to the European Parliament's anxieties about the media law, central bank independence and civil service recruitment procedures and the progress in the first two of these areas, while stressing the need to continue to monitor the situation of the media. The European Parliament maintains relations with the Polish Parliament through the Joint Parliamentary Committee which meets twice yearly. The European Parliament invited members from the parliaments of the candidate countries to attend the debate on enlargement held during its November 2002 part session in Strasbourg1. Members of Parliament from the acceding countries will already attend meetings of the European Parliament as observers once the Accession Treaty has been signed. Parliament will be required to vote on the results of the negotiations under the assent procedure, which requires parliamentary approval before the Treaty can be signed. The vote will take place during its April 2003 part-session. 3.2.3. THE COUNCIL AND THE EUROPEAN COUNCIL 2 The European Council, meeting in Luxembourg in December 1997, decided to "launch an accession process comprising the ten central and eastern European applicant states and Cyprus". It also "decided to convene bilateral intergovernmental conferences in the spring of 1998 to begin negotiations with Cyprus, Hungary, Poland, Estonia, the Czech Republic and Slovenia on the conditions for their entry into the Union and the ensuing Treaty adjustments". It mandated the Commission to carry out the screening process and conduct the negotiations and to present to it regularly an assessment report on progress towards accession, taking account of short- and medium-term priorities set by the Council in the Accession Partnership. At the Helsinki summit on 10-11 December 1999, the European Council discussed progress on enlargement and decided to launch negotiations with a further six countries. In particular, the EU leaders stressed that "in the negotiations, each candidate State will be judged on its own merits'. At Nice, in December 2000, the European Council reaffirmed the Union's earlier commitment that the EU would be in a position to welcome those candidate countries which are ready to join from 2002, the target for the countries which have achieved most progress being membership by 2004, in time for the next European Parliament elections. It insisted that no further obstacles should be put in the way of the enlargement process and again endorsed the differentiation and catch-up principles. A 'road map' setting out the priorities for the next 18 months was adopted. The Laeken European Council held on 14-15 December 2001 named the ten candidate countries, including Poland, which have the potential to be ready for membership in 2004. The Council stated that it was necessary to keep the pace of negotiations with candidate countries and the pace of reforms in these countries. At Brussels, in October 2002, the European Council endorsed the Commission's recommendation that the ten countries, including Poland, fulfil the political criteria and will be able to fulfil the economic criteria and to assume the obligations of membership from the beginning of 2004. The Union reaffirmed its determination to conclude the accession negotiations with these countries at the Copenhagen summit and sign the Accession Treaty in April 2003. The European Council also endorsed the Commission's proposals on monitoring in the run-up to accession and the two specific safeguard clauses to be included 1 For details of the debate, see the Enlargement webpages on Europarl: http://www.europarl.ep.ec/enlargement/default_en.htm 2 For the Conclusions of the various European Council meetings, see theEnlargement pages on Europarl: http://www.europarl.ep.ec/enlargement_new/europeancouncil/conclusions_en.htm WIP/2003/01/0041-42 17 in the treaty, concerning the operation of the internal market and the area of justice and home affairs. At Copenhagen, in December 2002, the European Council endorsed the results of the negotiations with the ten countries which will accede to the Union on 1 May 2004, notably the final agreement as regards agriculture and budgetary matters and the institutional arrangements. It confirmed that the Accession Treaty will stipulate that the Commissioners from the new Member States will join the current Commission as from the date of accession and that the newly-elected European Parliament will approve a new Commission to take office from 1 November 2004, on which date the provisions of the Nice Treaty concerning the Commission and Council will enter into force 3.3. ACCESSION NEGOTIATIONS WITH POLAND 1 In 2001, there was much criticism of Poland's apparently slow progress in the accession negotiations as it found itself overtaken by countries which had started negotiating later. This was due in part to the increasing difficulties which the AWS government faced in terms of public opinion and in getting legislation through parliament, but also to its tactic of trying to include issues such as free movement of workers and capital only in the final negotiation package. The new SLD - PSL government not only changed the structure of the departments and agencies dealing with EU integration but also adopted a different strategy for the negotiations on the basis of the proposal of the Committee for European Integration (KIE). The strategy also foresaw an acceleration of the work of implementing legislation to align with the acquis:75 laws and 867 executive acts will have be adopted by the end of 2002. The success of this new strategy is clear from the fact that, by the end of July 2002, Poland and the EU had provisionally closed negotiations on 26 chapters. During the Spanish Presidency, Poland had closed the fisheries, transport, taxation, institutions and free movement of capital. The closure of the free movement of capital chapter was a major breakthrough, as success hinged mainly on solving the difficult question of land sales to foreigners. The compromise reached gives Poland a five-year transition period before foreigners, except those already living in the country, can buy second homes. Self-employed foreign farmers can buy their farms within three to seven years, while foreign companies will have to wait twelve years to buy land. The Polish side also agreed to try to liberalise land sales earlier but is not bound to do so. The beginning of the Danish Presidency saw Poland close the justice and home affairs chapter following its submission of a detailed action plan to implement its commitments, notably in the areas of border control, the Schengen Action Plan, the fight against crime and drug trafficking. Poland has a long border with Belarus and Ukraine, as well as Kaliningrad, and visa exemption agreements with these two countries and Russia will be terminated by July 2003. Substantial investments in personnel and equipment will be required to reinforce border controls and the impact on the economies of the border areas of the four countries is likely to be considerable. In October 2002, Poland closed the regional policy chapter with agreement that all Polish regions would qualify for objective 1 status. Following the agreements reached subsequently at Copenhagen, over the period 2004-2006 Poland is eligible for commitment appropriations totalling € 7 320.7 million under the Structural Funds and will receive between 45.65% and 52.72% of the total of more than € 7 590 million available under the Cohesion Fund. This left the competition chapter, as well as the key agriculture and budgets chapters, for the final stage of the negotiations at Copenhagen. Poland adopted the strongest stand of the candidate countries to secure higher direct payments for farmers and to ensure it would not be a net budget contributor in the first few years of membership. The government was under constant pressure from the PSL coalition partner and from the opposition parties. In the competition chapter Poland obtained transition periods for the phasing out of incompatible fiscal aid for SMEs and the conversion of incompatible aids for large companies into regional investment aid 1 For full details of the individual negotiating chapters, see the factsheets on the Enlargement pages on Europarl: http://www.europarl.ep.ec/enlargement_new/negotiations/default_en.htm WIP/2003/01/0041-42 18 as well as a specific period for the conversion of incompatible aid to car manufacturers. Additional transitional periods were agreed with regard to state aid for environmental protection. In the important steel sector, Poland obtained an agreement allowing it until the end of 2006 to restructure the steel industry. In the crucial agriculture chapter, Poland obtained the agreement of the EU to top up the direct aids paid to farmers partly from its national budget and partly from rural development funding. A series of transitional arrangements was also agreed on specific issues. However, following disagreements over the interpretation of some aspects of the agreement during the drafting of the Accession Treaty, further talks were held with EU representatives at the end of January 2003 which led to a compromise over the system of direct payments. These talks took place amid considerable tensions within the coalition government, with the PSL threatening to oppose accession if it did not obtain a satisfactory solution. The dispute centred on the way in which the payments would be distributed among farmers. The final compromise met some of the Polish concerns and enabled the coalition to survive the crisis, but the mixed system, which distinguishes between different types of farmers and products, has not won universal approval. In the budgets chapter, Poland obtained a larger amount under the special temporary cash-flow facility for 2004-2006, bringing its total entitlement to € 1 443 million. The extra € 1 000 million results from a corresponding reduction in the level of structural funds available to take account of the risk of a lower uptake rate for funds in the first years of membership. Under the Schengen facility, Poland will receive € 280 million. It is not eligible for temporary budget compensation as it will be a net beneficiary. In the final discussion of the Treaty text, Poland also secured agreement for a declaration that EU membership would not influence its anti-abortion laws. In a survey of public opinion conducted in January 2003 by CEORG in Poland, the Czech Republic and Hungary on the outcome of the negotiations, Poles were most satisfied with 32% believing the outcome was as expected and 20.4% considering it better than expected. According to the same survey, 62.7% of Poles would definitely participate in the EU accession referendum, while another 10.3% were likely to do so and 12.4% were undecided. The level of support for membership among the population as a whole was 62.5%, little changed from the 62.1% in May 2002. Of those likely to vote around 70% would definitely vote in favour. 3.4. THE CONVENTION ON THE FUTURE OF EUROPE The Polish government is represented on the Convention by State Secretary for European Integration Danuta Hübner (alternate: Janusz Trzcinski). The Sejm is represented by its European Committee Chairman Jozef Oleksy1 (alternate: Marta Fogler) and the Senate by Edmund Wittbrod (alternate: Genowefa Grabowska, Chair of the Senate Foreign Affairs and European Integration Committee). 3.5. 3.5.1. PRE-ACCESSION ASSISTANCE AND THE ASSOCIATION AGREEMENT PRE-ACCESSION AID Since January 2000, three pre-accession instruments financed by the European Community have been available to assist the applicant countries of Central European in their pre-accession preparations: the existing Phare programme, SAPARD, which provides aid for agricultural and rural development; and ISPA, which finances infrastructure projects in the fields of environment and transport. These programmes concentrate their support on the Accession Partnership priorities that help the candidate 1 Co-chair of the EU-Poland JPC. WIP/2003/01/0041-42 19 countries to fulfil the criteria for membership. In April 2002, agreement was reached by the Commission and the Polish authorities on an Action Plan to strengthen Poland's administrative and judicial capacity. During the period 1992-1999 the Phare programme allocated commitments of € 2 534 million to Poland. In the years 2000-2002, total financial assistance to Poland amounts to €398 million annually from Phare, €168.6 million from SAPARD (at 1999 prices) and between €312 and €385 million from ISPA. At the end of June 2002, the European Commission decided to confer the management of SAPARD aid to Poland, thus enabling the implementation of the programme to go ahead. Phare priorities in Poland for the year 2002 include: the reinforcement of institutional and administrative capacity: the internal market, the strengthening of co-operation in the field of justice and home affairs, institution building in agriculture and environment, economic and social cohesion and cross-border cooperation for which an additional € 56 million has been allocated. The programme’s funds are not granted unless the projects identified match up with the priority measures and the technical and institutional conditions laid down by the Commission. Since 1998, the Commission has also put in place another instrument, institutional twinning. It is financed by Phare and encourages the adoption of the acquis communautaire by providing pre-accession advisers from the Member States’ administrations. These advisers prepare and implement what is required (e.g. training) for adoption of the acquis. For Phare 200, there are 34 twinning projects with Poland in addition to programmes ongoing from previous years. Poland also participates in various EU programmes, including Leonardo da Vinci II, Socrates II, Youth and Culture 2000, Media Plus SAVE II and the Fifth RTD Framework Programme. 3.5.2. ASSOCIATION AGREEMENT The Association Agreement or 'Europe Agreement' with Poland was signed in December 1991 and entered into force in February 1994. It provides a framework for political dialogue, promotes the expansion of trade and economic relations between the parties, provides a basis for Community technical and financial assistance and an appropriate framework to support Poland's gradual integration into the Union. An institutional framework was set up under the agreement providing for a discussion forum, an assessment body and also a decision-making body. A Joint Parliamentary Committee brings together members of the European Parliament and the Polish Parliament for twice-yearly meetings. The Association Council meets once a year to review the candidate's progress in the framework of the preaccession strategy and set priorities for future work within the framework of the Europe Agreement. The 8th meeting of the EU-Poland Association Council took place on 20 November 2001. ***** WIP/2003/01/0041-42 20 ANNEX 1 President, Government, Parliament & Central Bank PRESIDENT of the REPUBLIC (Elected: October 2000) Aleksander KWASNIEWSKI COMPOSITION OF THE POLISH GOVERNMENT (sworn in on 19 October 2001 and modified on 3 March 2003 following the departure of the PSL from the coalition) Prime Minister Leszek MILLER (SLD) Minister of Agriculture Adam TANSKI (Non-Affiliated) Deputy PM and Infrastructure Minister Marek POL (UP) Deputy PM and Finance Minister Grzegorz KOLODKO* (SLD) Interior and Administration Minister Krzysztof JANIK (SLD) Foreign Affairs Minister Wlodzimierz CIMOSZEWICZ (SLD) Defence Minister Jerzy SZMAJDZINSKI (SLD) Economics Minister Jacek PIECHOTA (SLD) Treasury Minister Wieslaw KACZMAREK (SLD) Justice Minister Grzegorz KURCZUK* (SLD) Education Minister Krystyna LYBACKA (SLD) Culture Minister Waldemar DABROWSKI* (SLD) Health Minister Mariusz LAPINSKI (SLD) Employment Minister Jerzy HAUSNER (SLD) Environment Minister Czeslaw SLEZIAK (SLD) Science Minister Michal KLEIBER (SLD) Chief EU negotiator Jan TRUSZCZYNSKI * Appointed July 2002 to replace Marek Belka PARLIAMENT Parliamentary Speakers: Sejm Marek BOROWSKI Senate Longin PASTUSIAK NATIONAL BANK Governor WIP/2003/01/0041-42 Leszek BALCEROWICZ ANNEX 2 (Results of the general election (23 September 2001)) SEJM Turnout: 13 017 929 votes cast (46.28 % of electorate) (Threshold 5% for parties, 8% for coalitions) PARTY % VOTES SEATS Democratic Left Alliance and Labour Union (SLD-UP) 41.04 216 Citizens' Platform (PO) 12.68 65 Samoobrona (Self Defence) 10.20 53 Law and Justice (PiS) 9.50 44 Polish Peasants' Party (PSL) 8.98 42 League of Polish Families (LPR) 7.87 38 German Minority * 0.36 1 German Minority Upper Silesia * 0.06 1 Electoral action Solidarity (AWS) 5.6 0 Freedom Union (UW) 3.1 0 Total 460 * Minimum threshold does not apply. Democratic Left Alliance and Labour Union (SLD-UP) SEJM Citizens' Platform (PO) 1 1 42 Samoobrona (Self Defence) 38 44 Law and Justice (PiS) 216 Polish Peasants' Party (PSL) League of Polish Families (LPR) 53 65 German Minority * German Minority Upper Silesia * WIP/2003/01/0041-42 22 SENATE PARTY SEATS SLD-UW 75 Blok Senat 2001 15 PSL 4 LPR 2 Sambroona 2 HTS* 1 SLK* 1 Total 100 * independent 1 SENATE 1 4 2 2 15 75 WIP/2003/01/0041-42 23 SLD-UW Blok Senat 2001 PSL LPR Sambroona HTS* SLK* ANNEX 4 (Country Forecast) Source: European Commission, Directorate General for Economic and Financial Affairs, Economic Forecasts for the candidate countries Autumn 2002. http://europa.eu.int/comm/economy_finance/publications/enlargement_papers/2002/elp12en.pdf WIP/2003/01/0041-42 24 ANNEX 5 (Trade UE/Poland) WIP/2003/01/0041-42 25 ANNEX 6 (Trade EU/Poland by Member States) WIP/2003/01/0041-42 26 ANNEX 7 (Trade relations EU/Poland) WIP/2003/01/0041-42 27 ANNEX 8 (External trade of Poland) WIP/2003/01/0041-42 28 ANNEX 9 (Basic statistics for C.Countries) WIP/2003/01/0041-42 29