Restrictions and Bans Affecting Business Activity in Poland
Further Restrictions on Conducting Business Activity
The Regulation of the Council of Ministers of 31 March 2020 on the establishment of certain restrictions, orders and bans in connection with the state of epidemic (the "Regulation") has introduced further restrictive provisions that severely limit entrepreneurs' ability to conduct business.
Temporary Restriction on Movement (§ 5 of the Regulation)
As a rule, from 1 April 2020 to 11 April 2020 it is no longer permitted to move around the country. The restriction does not apply to persons who:
- have to go to work (that is, those performing "professional activities, official duties or non-agricultural business activity"),
- are farmers (that is, those conducting agricultural activity or doing work on a farm),
- are going shopping (although we should remember here that between 10:00 and 12:00 only persons over the age of 65 will be able to shop),
- will be meeting essential needs connected with the current matters of everyday life (although the legislator has not defined what this concept covers),
- will be counteracting the effects of COVID-19 as volunteers,
- will be conducting or taking part in religious worship (the limit of 5 persons at religious worship applies until 11 April, and after that date the limit is to be 50 persons).
Restrictions and Bans in International Trade (§ 6 and § 7 of the Regulation)
From 31 March 2020 (until further notice) no entrepreneur may sell or export two products abroad: ventilators and heart monitors.
During this period an entrepreneur must inform the voivode if it wishes to sell or export products such as:
1) protective goggles,
2) TYVEK-type coveralls,
3) FFP2/FFP3-type masks,
4) surgical masks,
5) shoe (footwear) covers,
6) latex gloves,
7) nitrile gloves,
8) disinfectants for hands, surfaces and rooms.
The entrepreneur must fulfil this information obligation no later than 36 hours before the intended export or disposal outside Poland. The voivode may in turn apply to the Prime Minister for a ban on the export or disposal of these products outside the territory of the Republic of Poland.
Ban on Conducting Business Activity (§ 8 and § 9 of the Regulation)
During the same period, that is from 31 March 2020 until further notice, a total ban on conducting business applies to the following activities:
- preparing and serving meals and drinks to guests "on the premises" (business activity code (PKD) 56.10.A), although meals may still be served "to take away",
- organising, promoting or managing events such as trade fairs, exhibitions, congresses, conferences and meetings, including the management and provision of staff for the sites and facilities where these events take place (PKD 82.30.Z),
- creative activities connected with all collective forms of culture and entertainment (PKD 90.0),
- sports, entertainment and recreational activities (PKD 93.0), in particular the operation of meeting places and clubs, including dance clubs and nightclubs, as well as swimming pools, gyms and fitness clubs,
- the projection of films or video recordings in cinemas, in the open air or in other places, and the activities of film clubs (PKD 59.14.Z),
- activities connected with the consumption and serving of beverages (PKD 56.30),
- the operation of casinos, excluding online casinos,
- hairdressing and other beauty treatments (PKD 02.Z),
- the activities of tattoo and piercing salons (PKD 96.09.Z),
- service activities connected with physical fitness (PKD 96.04.Z).
Activities connected with the provision of hotel services will in turn be fully restricted from 1 April 2020 to 11 April 2020, with the exception of services providing accommodation for persons:
- subject to quarantine or isolation,
- practising a medical profession,
- in connection with their performance of professional activities or official duties, or non-agricultural business activity, or agricultural activity.
During the same period (that is, from 1 to 11 April) retail trade on Saturdays and Sundays has been banned in commercial facilities with a sales area of more than 2000 m2 whose predominant activity is the sale of building or renovation materials.
Dealing with Matters at Public Offices (§ 13 of the Regulation)
Work at public offices will most likely take the form of remote work in the coming days. Under the Regulation, the performance of tasks at an office may be limited to performing:
1) only the tasks necessary to provide assistance to citizens;
2) specified tasks by that office or unit in a way that excludes direct service to members of the public.
Finally, we note that the website of the Małopolska Voivodeship Office in Kraków provides information on the current quarantine locations in this voivodeship (see As at 2 April 2020. Current Quarantine Locations, updated on the basis of requests from the District Heads (Starosta)).
Legal basis:
Regulation of the Council of Ministers of 31 March 2020 on the establishment of certain restrictions, orders and bans in connection with the state of epidemic (Journal of Laws of 2020, item 566)
