Poland – Supply Chains 2nd NAP
2. Ministry of Development Funds and Regional Policy
Directive 2019/882 of 17 April 2019 on the accessibility requirements for products and services
[page 9]
“In 2019, Directive 2019/882 of 17 April 2019 on the accessibility requirements for products and services (European Accessibility Act, EAA) entered into force.”
(…)
“The addressees of the Directive are as follows:
- Economic operators: all economic operators falling within the scope of the EAA and intervening in the supply and distribution chain: manufacturers, authorised representatives, importers, distributors, and service providers. Accessibility obligations shall rest equally with economic operators in the public sector and those in the private sector.”
5. Ministry of Finance
Implementation of the Good Practice Catalogue on due diligence for European Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas
[page 24]
“On 1 January 2021, new obligations took effect as regards supply chain due diligence for EU importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas. These obligations were established by Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017.”
(…)
“Therefore, efforts have been taken to encourage responsible sourcing of minerals, which should in principle help prevent criminal groups from gaining income relating to said minerals and hinder the pursuit of their activities, as well as help to secure world peace. EU ‘3TG’ importers will be required to ensure that all the minerals and metals they import (as defined in Annex I to the above-mentioned Regulation) are sourced responsibly and from non-conflict areas.
To this end, good practices are being introduced. They comprise in particular:
• Maintaining a dedicated tab on the website of the Ministry of Finance providing information on responsible sourcing of ‘3TG’ minerals: https://www.gov.pl/web/kas/konfliktowe-mineraly”
(…)
“The practices identified above allow businesses to learn what benefits they gain by introducing due diligence into their supply chains, help companies introduce due diligence into their metals and minerals supply chains, as well as understand, assess and mitigate risks pertaining to responsible sourcing”
8. Ministry of Agriculture and Rural Development
Implementation of the Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products
[page 27]
“Since July 2017, the provisions of the Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products (Journal of Laws of 2020, item 1213) have been in force in Poland. The provisions of the Act are aimed at eliminating the use of unfair trade practices in the supply chain of agricultural raw materials and food. A situation of considerable imbalance in the economic potential of enterprises may lead to unfair trade practices whereby larger and stronger trading partners try to impose practices or contractual arrangements favourable to them on the weaker party. (…) The implementation of the provisions of said Directive significantly changes the scope of the previously applied Act of 15 December 2016 on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products. In view of the foregoing, the Ministry of Agriculture and Rural Development has drafted a new Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products. (…) The new Act on 28 Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products will be more effective in limiting practices which may negatively affect the efficient functioning of the agricultural and food product supply chain and will also ensure effective mutual cooperation of relevant authorities of the Member States, and their cooperation with the European Commission”
14. Office of Competition and Consumer Protection
Tasks related to counteracting the unfair use of contractual advantage
[page 40]
“The President of the Office of Competition and Consumer Protection will continue to perform tasks related to counteracting the unfair use of contractual advantage in trade in agricultural and food products. Their main objective will still be to improve the situation of the weaker participants of the agri-food market through ongoing monitoring of the situation in its individual segments, as well as carrying out explanatory and relevant proceedings in a consistent manner. The activity of the President of the Office of Competition and Consumer Protection should lead to an increase in the level of awareness of agri-food market participants, and thus result in a decrease in the number of violations. The implementation of Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain, which will entail the adoption of a new Act on Counteracting the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products, will have a significant impact on the tasks performed by the President of the Office of Competition and Consumer Protection as regards the matters in question.”
Appendix 2 (information of the Ministry of Foreign Affairs)
Recommendations
[page 47]
“In their activities supporting Polish entrepreneurs, public procurement and development aid projects implementation, Polish foreign missions are guided by the following principles requiring them to: – cooperate with reliable partners whose reliability, including in the area of respect for human rights, has been checked using available instruments such as verification by specialised economic bodies. Particular attention should be paid to respect for human rights in the context of forced and bonded labour and child labour in the supply chain.”