PROCEDURE FOR GRANTING A PERMIT FOR CONDUCTING BUSINESS ACTIVITY IN THE AREA OF THE LEGNICA SPECIAL ECONOMIC ZONE
- Submission of a Letter of Intent by the Investor
The Letter of Intent should include particularly the following information:
- concise presentation of the Investor,
- type of industry and primary products/services which are to be produced/performed in the area of the Legnica Special Economic Zone („Zone”) (according to the categories compliant with the current version of the Polish Classification of Products and Services),
- description of investment project planned to be launched in the area of the Zone,
- the amount of planned capital expenditures,
- planned dates of commencement and completion of the investment and commencement of business activity in the area of the Zone,
- anticipated number of new workplaces created as a result of the investment,
- total area of the real property or information about the assets located in the area of the Zone and planned for the implementation of the business venture, as well as expected legal form of possession,
- demand for utilities and technical infrastructure (for the construction site and, ultimately, for the investment purposes)
- description of influence of the investment on the environment (in form of the Investor’s statement).
- Procedure for selection of the tenderer who will obtain a permit for conducting business activity in the area of the Zone
1) Publishing a notice about negotiations/total tender in the press
Following the submission of the Letter of Intent by the Investor as well as its verification, the Zone Manager publishes an invitation to tender (if the tenderer applies in total for a Permit and the acquisition of rights to the real estate or other assets which are located in the Zone) or an invitation to negotiations (if the tenderer applies solely for the Permit, having the legal title to the real estate or other assets located in the Zone, or holding a document which reliably proves the possibility of them obtaining such a title) in the daily international press, on the www.lsse.eu website and, possibly, in the foreign press.
The invitation to tender/negotiations includes the following details:
- name and address of the Zone Manager and the name of the Zone,
- instructions on how to obtain the terms of the tender or negotiations and their price,
- the place and time limit for the submission of bids, which shall not be less than 21 days from the notice publication date,
- bid opening date,
- in the case of tender, the invitation also includes the information about the real estate or other assets which are to be used to undertake the business venture in the area of the Zone, and also about asking price of their purchase and the amount of bid security.
2) Purchase of the Terms of the Tender/Negotiations
In order to participate in the tender or negotiations (in order to make a bid), it is necessary to purchase the Terms of the Tender or the Terms of Negotiations (“specification”) from the Zone Manager.
The Terms include in particular:
- criteria for evaluating the business ventures planned in the area of the Zone,
- Zone Regulations,
- bid preparation manner, which is to include the information about the documents which are to be submitted by the tenderers,
- bid validity with respect to the tenderer,
- time limit and place of submission and opening of bids.
In the case of tender, the Terms also include:
- asking price of the real estate or other assets located in the area of the Zone,
- time limit, form and amount of bid security payment (see below),
- description of the real estate or other assets located in the area of the Zone constituting the subject of the tender,
- terms and conditions of making the real estate or other assets located in the area of the Zone available,
- specification of the property located in the area of the Zone which is to be used to undertake the business venture in the area of the Zones.
3) Bid security payment
In case of tender, it is necessary to pay a bid security, the amount of which is set out in the Terms. The security will be reimbursed after the completion of the procedure.
4) Submission of a bid
Submitted bid shall be composed in the Polish language, in accordance with the Terms and the provisions of the Regulation of the Minister of Economy and Labour dated 15 November 2004 regarding tenders, negotiations and criteria for evaluating the intended business ventures which are to be undertaken by the entrepreneurs within the Legnica Special Economic Zone („regulation”). The bid should include in particular:
- an application for regional investment aid for the business venture carried out in the Zone, made on the form specified in the regulation,
- the amount of price offered for the acquisition of rights to the real estates or other assets constituting the subject of the tender,
- other documents and information required by the Terms.
The time limit for the submission of bids specified by the Zone Manager may not be less than 21 days from the date of invitation to tender or negotiations.
5) Bid evaluation by the Tender/Negotiations Committee
The Tender/Negotiations Committee opens, evaluates and classifies submitted bids in the time limit specified in the Terms.
Bids are rejected in the cases referred to in the regulation and in the Terms.
The Zone Manager may cancel a tender or withdraw from negotiations in the case when:
- a material change in circumstances occurs, which results in the situation where carrying out the procedure is not in the public interest, which could not have been foreseen previously;
- tender or negotiations are affected by a defect which prevents issuing of the Permit or concluding a valid agreement for granting the rights to the real estate.
The Zone Manager shall notify all the tenderers, in writing and at the same time, of the cancellation of the procedure, providing factual and legal justification for the said cancellation.
The intended business ventures covered by the bid, which are to be undertaken in the area of the Zone, are evaluated on the basis of the following criteria:
- the subject and scope of the tenderer’s business activity conducted so far as well as the business activity which they intend to carry out in the area of the Zone;
- values and terms of pursuance of the venture, including investments planned to be realised in the area of the Zone;
- participation in the development and modernisation of the economic infrastructure in the Zone,
- participation in economic relations, also of cooperative nature, with entrepreneurs operating within territory of the country;
- conformity of the business ventures planned to be undertaken in the area of the Zone with the Zone development objectives pursued or planned to be pursued in the area of the Zone by other entrepreneurs;
- the degree of environmental hazard and planned ventures with respect to the environment protection;
- the degree of innovativeness of technology of the ventures and of the activity planned to be started in the area of the Zone.
In the case of tender, the bid is also evaluated with regard to the amount of price offered for the acquisition of rights to the real estate or other assets constituting the subject of the tender.
Procedure and results of the tender or negotiations are recorded in a written protocol of the Tender or Negotiations Committee.
6) Acceptance of the results of the Tender/Negotiations by the Zone Manager and their publication.
Immediately after acceptance of the results of the tender or negotiations by the Zone Manager’s governing bodies, the Zone Manager shall:
- post the information about the choice of the bid on the www.lsse.eu website;
- send written notification of the conditions for fulfilling the arrangements established by the tender or in the negotiations to the tenderer selected in the tender or negotiations procedure.
- Zone Permit granting with a possible transfer of the rights to the real estate or other assets.
The procedure lasts (from the date of invitation to tender/negotiations) for approximately 30 (for negotiations) to 60 (for tender) days.
*Description of the procedure is provided for convenience of reference only – special normalisations are included in the Regulation of the Minister of Economy and Labour dated 15 November 2004 regarding tenders, negotiations and criteria for evaluating the intended business ventures which are to be undertaken by the entrepreneurs within the Legnica Special Economic Zone (Dz. U. [Journal of Laws] 2004.254.2543 as amended).