REGULATIONS OF THE POMERANIAN SPECIAL ECONOMIC ZONE
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Issued by: Approved by:
Management Board of Pomeranian Special Minister of Economy
Economic Zone Ltd.
Sopot, dated..................2010 Warsaw, dated 14 May 2010
REGULATIONS OF THE POMERANIAN SPECIAL ECONOMIC
ZONE
Pursuant to art.10, para. 2 of the Act of 20 October 1994 on special economic zones
(consolidated text: J. L. of 2007, No. 42, item 274 as amended) these Regulations are issued
to be binding in the territory of the Pomeranian Special Economic Zone.
Section I
General provisions
§1
The Regulations specify the manner of managing the Pomeranian Special Economic Zone,
hereinafter referred to as the Zone, by Pomorska Specjalna Strefa Ekonomiczna spółka z o.o.
(Pomeranian Special Economic Zone Ltd.) based in Sopot, hereinafter referred to as the
Managing Entity.
Section II
Powers and responsibilities of the Managing Entity
§2
1. In managing the Zone, the Managing Entity shall perform tasks comprising in particular:
a) conducting tenders or negotiations in order to select entrepreneurs to be granted
permits to pursue business in the Zone territory,
b) on behalf of the minister of economy granting permits to pursue business in the Zone
territory, and ongoing inspecting of the operation of entrepreneurs granted relevant
permits pursuant to the Regulation of the Minister of Economy of 2 July 2009 on
granting the Pomeranian Special Economic Zone Ltd. the power to issue permits for
pursuing business in the territory of the Pomeranian Special Economic Zone, and
performing inspections of meeting the terms and conditions of such permits (O. J.
No. 112, item 928).
c) preparing opinions regarding withdrawal or amending a permit granted to an
entrepreneur, for the minister of economy,
d) collecting information on entrepreneurs operating in the Zone territory,
e) transfer to the entrepreneurs of the Managing Entity's title to the property and the
right of perpetual usufruct of land located in the Zone territory, if this complies with
the purpose of establishing the Zone and the Zone development policy,f) acquiring the title and right of perpetual usufruct of property in the cases referred to
in art. 5 para. 2 of the Act dated 20 October 1994 on special economic zones,
g) acquiring the title and the right of perpetual usufruct of property in executing the pre-
emptive right referred to in art. 8 para. 2 of the Act dated 20 October 1994 on special
economic zones, for the purpose of their further disposal to the entrepreneurs,
h) preparing the property for sale as well as at the request of the entities referred to in
art. 5, para. 3 and art. 8 para. 4 of the Act dated 20 October 1994 on special
economic zones, organising and conducting a tender regarding sales of property
owned by these entities,
i) creating conditions for rational management of the economic and technical
infrastructure devices,
j) if adequate funds are available, building facilities for the purposes of the
entrepreneurs, and building or cooperating in building of the necessary technical
facilities in the property owned or used under perpetual usufruct by the Managing
Entity,
k) exercising the buyback right according to the procedure and on conditions provided
for in art. 593-595 of the Civil Code, by the date of starting business activity by the
property purchaser in the Pomeranian Special Economic Zone pursuant to the Permit
granted.
2. Pursuant to separate agreements concluded, the Managing Entity is entitled to conduct
tenders regarding disposal, providing for use under perpetual usufruct or lease of the
property located in the Zone territory, which does not constitute the Managing Entity’s
property. The Managing Entity shall collect a fee for this work.
§3
Collecting information referred to in § 2, para. 1 (d) is aimed in particular at:
a) updating land-related data (plot no., plot area),
b) providing information services regarding the Zone,
c) creating a database of entrepreneurs operating in the Zone pursuant to granted
permits, including in particular information on the investment volume and
employment, which is necessary to prepare quarterly information on the Zone
operation pursuant to the Regulation referred to in § 2 para. 1 (b),
d) establishing and collecting all amounts receivable against costs incurred by the
Managing Entity, as referred to in § 10 and 11 of the Regulations.
Section III
Use of media and other infrastructure components
§4
1. Entrepreneurs shall obtain access to such media as electricity, natural gas, water and
heating, telephone and facilities carrying away wastewater, industrial and municipal
sewage, as well as other infrastructural components on conditions specified in agreements
with the media providers.
2. Agreements for obtaining access to the media referred to in para. 1 may depend on
building adequate infrastructure by an entrepreneur obtaining a permit to pursue business
in the Zone territory, according to the project location. Agreements for carrying away
wastewater, industrial and municipal sewage may depend on building sewage treatmentplants or other adequate facilities on conditions referred to above and pursuant to permits
required under the Water Law Act.
3. Providing service lines to the infrastructure shall be the obligation of the interested
entrepreneur, unless an agreement between the provider and the entrepreneur provides
otherwise.
§5
The design regarding expansion of the infrastructure and the land development concepts,
including architectural designs of the facilities for the purposes of pursuing business shall be
presented to the Managing Entity by the investor for the purposes of making adequate
arrangements.
§6
Entrepreneurs operating in the Zone pursuant to a permit or without such a permit possessing
(in particular pursuant to the ownership title) the property and infrastructure connected with
supplying the media, located in the Zone territory, shall be obliged to:
1) enable free-of-charge access to such infrastructure for the purposes of its
maintenance, modernisation or renovation;
2) at the request of an authorised entrepreneur, establish an adequate easement necessary
for the proper use of this infrastructure according to its intended purpose.
Section IV
Protection of the natural environment and the Zone territory
§7
1. At the request of the public administration authorities, the Managing Entity may issue
opinions on requests submitted by entrepreneurs to issue a decision on the acceptable
emission of pollutants into the atmosphere.
2. An entrepreneur operating within the Zone who has been granted a decision on the
acceptable emission of pollutants into the atmosphere shall be obliged to present such a
decision to the Managing Entity.
§8
1. Each owner, user under perpetual usufruct or lessee of the land located in the Zone shall
be responsible for keeping in good condition the roads, yards, pedestrian streets and
lawns located there.
2. Protection and securing of the land and facilities located in the Zone shall be within the
responsibility of their owners, users under perpetual usufruct or dependent possessors.
§9
In the event of termination of a lease or perpetual usufruct agreement regarding land located
within the Zone, the entrepreneur terminating their business in the Zone territory shall be
obliged to redress the damage caused as a result of the business pursued, and reclaim the land
in the scope indicated by separate regulations. This obligation shall also be applicable to each
owner of the property located in the Zone territory.Section V
Costs related to Zone administration and maintenance of Zone infrastructure
§ 10
1. Entrepreneurs possessing the property located in the Zone territory shall be obliged to
share the costs incurred by the Managing Entity or the entities outsourced by the
Managing Entity to provide services related to the Zone administration.
2. The rules for sharing the costs referred to in para. 1 shall be determined by the Managing
Entity taking account of the area occupied by an entrepreneur, type of business pursued,
employment, turnover and intensity of freight transport. The rules shall be presented in
the terms of reference or essential conditions of negotiations referred to in § 5 para. 1 of
the Regulation of the Minister of Economy and Labour dated 15 November 2004
regarding tenders and negotiations as well as criteria for assessment of economic projects
to be undertaken by entrepreneurs in the Pomeranian Special Economic Zone (O. J. No.
254, item 2541).
§ 11
Costs related to the Zone administration cover:
a) providing information services, operating the website www.strefa.gda.pl, creating
databases,
b) providing the entrepreneurs with the information necessary for proper fulfilment of
terms and conditions included in the granted permits to pursue business in the Zone,
c) promoting entrepreneurs operating in the Zone during fairs attended by the Managing
Entity, in publications and advertising materials prepared by them,
d) keeping the Zone infrastructure in adequate technical condition (excluding the
obligation to maintain the infrastructure elements solely possessed by entrepreneurs
or media providers – the Managing Entity may take over such obligations pursuant to
a separate agreement),
e) monitoring entrepreneurs for consistence of the business pursued with the permits
granted,
f) other work resulting from the general administrative services regarding the Zone.
§ 12
The costs referred to in § 11 do not cover costs of expert opinions, valuations, analyses and
other documentation created in connection with individual needs of entrepreneurs operating in
the Zone.
§ 13
Receivables against costs referred to in § 11 are collected in advance on specific dates,
pursuant to a separate agreement.Section VI
Final provisions
§ 14
The Regulations of the Pomeranian Special Economic Zone as approved by the Minister of
Economy on 16 January 2002, expire.
§ 15
The Regulations come into force as of the date of approval by the Minister of Economy.You can also read
