It will be easier to block Asian companies. Last call in consultations

• In April, the Public Procurement Office submitted for consultation a draft amendment to the Public Procurement Law and the Act on the Concession Agreement for Construction Works or Services.
• The amendments aim to introduce into the Polish legal order regulations that take into account the theses of two judgments of the Court of Justice of the EU, according to which contractors from third countries not bound by any international agreement with the EU guaranteeing access to the public procurement market on the basis of reciprocity and equality are not guaranteed access to the EU public procurement market.
• - It's about those who, instead of using their strength and resources, bring a briefcase, win a project, and then mainly deal with buying our resources - explains Piotr Kledzik, president of the management board of PORR and chairman of the Council of the Polish Association of Construction Employers, who was a guest at the 17th European Economic Congress .

Tuesday, May 6, is the deadline for submitting comments on the draft amendment to the Public Procurement Law and the Act on the Concession Agreement for Construction Works or Services presented by the Public Procurement Office . Both of these amendments aim to introduce regulations into the Polish legal system that take into account the theses of the judgments of the Court of Justice of the European Union of October 22, 2024 and March 13, 2025. According to these judgments, contractors from third countries not bound by any international agreement with the European Union guaranteeing access to the public procurement market on the basis of reciprocity and equality are not guaranteed access to the EU public procurement market.

- This is the right direction, we definitely support it - comments Piotr Kledzik, President of the Management Board of PORR and Chairman of the Council of the Polish Association of Construction Employers, who participated in the 17th European Economic Congress .

- In many tenders we have an excess of offers, and projects are assigned to companies from outside the EU , even those that have no experience on our domestic market. Meanwhile, it is known that construction is a business strongly linked to the local environment. If someone invested in Poland years ago, has several hundred projects under their belt, then we can say that they are a participant in this market. I mean those who, instead of strength and resources, bring a briefcase, win a project, and then mainly deal with buying up our resources - explains Kledzik.

"Hills" are not a positive phenomenon, but they are still better than a drought

The issue of regulating access to the Polish market for companies from outside the EU is important because the industry is facing a build-up of orders . The "mountain" will be responsible for both road and rail investments, as well as emerging contracts from the military, health services and signaled tasks in the field of hydrotechnical or energy infrastructure.

- "Humps" are not a positive phenomenon, but they are definitely better than a drought. What we have on the market now is the result of the fact that for a year and a half we had a really low supply of projects on the market. However, as an industry, we have coped quite well with all the peaks so far . All the negative examples are related to the wrong choice. The company is untested on the market, has no experience, submits an offer, is selected, and then after some time the ordering party, for much more money, has to end it with this company or without this company - says Piotr Kledzik.

In the context of the specific nature of the construction industry, our interlocutor points out that although it is a very traditional sector, this does not exclude the use of many innovations in it.

- One of our most important company slogans is intelligent construction. We support innovation, we sign agreements with universities, we have our own research units and accredited laboratories, which, for example, develop road surface technologies needed for our projects. We cooperate with universities and the army. Two weeks ago we signed a project with the Military University of Technology, within which we will develop one of the concrete technologies, because both we and they see the future and the need in it - says president Piotr Kledzik.