6. INDUSTRY
6.1. Situation of industry in 2003
6.1.3. Restructuring of industrial sectors
The late 1980’s and early 1990’s brought fundamental changes in all areas of life in Poland. As a result of transformation of the political system, the economic system changed radically. Competitiveness and equal rights for all business enti- ties became the priorities. The market model required changes in the ownership structure and the new economic situation forced actions whose goal was to reform the key sectors of the Polish industry.
Hard coal mining
The subsequent programmes for reform of hard coal mining resulted in a significant reduction of the production capacities, and a radical reduction of employment. These changes occurred with significant involvement of public funds.
Despite the progress in restructuring of the hard coal mining sector, the main problems of that sector remain unsolved: very high level of liabilities, lack of fi- nancial liquidity and excessive production potential. The importance of hard coal for Poland’s energy balance requires continuation of the restructuring process. It should result in restoring mining enterprises to full economic stability and finan- cial liquidity.
On 28 January 2003 the Council of Ministers adopted the „Programme for restructuring of the hard coal mining sector in Poland in 2003–2006, using the anti-crisis laws and initiating the process of privatization of certain mines (as amended in compliance with the provisions of an Agreement concluded with the trade unions on 11 December 2002 and including corrections required under legal status of the sector as on 10 January 2003)”.
The main tasks, defined in the Programme, included: • introduction of structural and organizational changes, • financial restructuring and improvement of financial liquiduty;
• adapting the production capacities to the needs of the market, and adapting employment level to these capacities.
Under these tasks, the following activities regarding financial and organiza- tional restructuring were undertaken:
• the holding company Kompania Węglowa S.A. was established on 1 February 2003, and five coal mining companies have handed their enterprises over to the Kompania
• debts of mining enterprises, amounting to PLN 18.1 billion, were cancelled on the basis of the restructuring laws The status of the sector’s liabilities was reduced from PLN 22.8 billion at the end of 2002 to PLN 8.6 billion at the end of 2003. As a result of the debt cancellation, the financial liquidity ratios also improved.
• delay, and next repayment in installments was applied to public law obliga- tions amounting to about PLN 2.6 billion; including PLN 2.1 billion of social insurance (ZUS) contributions.
In 2003, no actions were undertaken to close down coal production in active mines. These activities were continued in mines whose liquidation commenced before 1 January 2003. Decisions were made to close down production in KWK Katowice-Kleofas and ZG Bytom II mines in 2004. Employment was reduced by a further 4.3 thousand persons. Most employees decided to retire or to change job. No new protective, activation or adaptive instruments were intro- duced in 2003.
The situation in the coal market is very dynamic. As the conditions change, the Ministry of Economy, Labour and Social Policy prepared information on the implementation of the „Programme for restructuring the hard coal mining sector in Poland in 2003–2006, using the anti-crisis laws and initiating the process of privatization of certain mines”. The information contained proposal for overcom- ing barriers found in the restructuring process. The information was approved by the Council of Ministers on 17 June 2003. Evaluation of the information made by the Council of Ministers, and the resulting decisions, were the basis to develop draft law on the restructuring of hard coal mining sector in 2003–2006. The law, which defines the necessary instruments, which allow achieving the restructuring goals, was passed by the Sejm on 28 November 2003.
In 2004 certain factors appeared which influenced the restructuring process. They included:
• rapid changes in the supply and demand in external market, strongly differing from the annual, seasonal changes of general economic situation; • Poland’s accession to the European Union and the resulting need to
develop documents necessary to grant public aid to the mining sector after the 1 of May 2004, in line with the Regulation 1407/02/CE of the European Council.
The changes and market conditions, forced an update of the manner for im- plementing the programme of hard coal mining restructuring. This was reflected in the document adopted by the Council of Ministers on 27 April 2004, „Restruc-
turing of the hard coal mining sector during the period 2004–2006 and strategy for 2007–2010”. The document presents basic goals for restructuring of the coal mining sector in 2004–2006; anda strategy for its functioning until 2010. They are based on the diagnosis of the sector, market conditions and the introduced legis- lative instruments.
The steel and iron sector
The plans and intents regarding further restructuring of the steel and iron sec- tor are defined in detail in the document adopted by the Council of Ministers on 10 January 2003, entitled „Restructuring of the steel and iron industry in Poland until 2006”, („the Programme”).47
The fundamental goal of the Programme is to achieve by 2006 a situation where individual entities of the sector:
• function in an effective manner under an open market conditions, without public aid,
• are characterized by productivity on the European level, • have production capacities adapted to sales opportunities, • are highly competitive,
• are privatized,
• comply with the European standards for environment protection.
Given the degree of advancement of restructuring processes, the financial condition and possibility for meeting the viability criteria by individual entities of the sector, and also the course of bankruptcy and liquidation processes, the adopted Programme provides for various paths of further action for the steel- works covered and not covered by restructuring, as for those which are included under bankruptcy proceedings.
According to the assumptions described in the document, public aid for restructuring that could be used to the end of 2003 was granted to seven steel
47 With reference to: the bankruptcy of the Andrzej S.A. steelworks and its removal from the list of public aid
beneficiaries and amendment of the scope of production capacity reduction in the Łabędy S.A. steel- works, caused by the rejection of original proposals by the European Commission, it was necessary to introduce relevant changes into the Programme, which were accepted by the Council of Ministers on 25th March 2004.
mills: „Polskie Huty Stali” S.A.in Katowice (currently operating under the name „Ispat Polska Stal” S.A.), the Huta Bankowa Sp. z o.o. Steelworks in Dąbrowa Górnicza, „Batory” S.A. Steelworks in Chorzów, Technologie Buczek S.A. in Sosnowiec, the Lucchini Warsaw Steelworks in Warsaw, Łabędy S.A. Steelworks in Gliwice, and the Pokój Steelworks in Ruda Śląska. In 2003, in the course of implementing the government programme, the „Batory” steelworks lost the op- portunity of using state aid for necessary restructuring because of its bankruptcy.
The selection of entities, which were beneficiaries of public aid, was made from the standpoint of an opportunity for implementing the restructuring goals that would guarantee that at the end of the process the enterprises achieve durable profitability and competitiveness under market economy conditions.
In line with the adopted assumptions, which were also included in Protocol 8 to the Accession Treaty, the total public aid allocated for the said beneficiaries and utilized by the end of 2003, did not exceed PLN 3.39 billion. It was desig- nated primarily for the process of financial restructuring of these entities.
The Programme, supported with the provisions of the law dated 24 August 2001 on restructuring of the steel and iron sector (Journal of Laws No 111, item 1196) provides – in line with the global trends – a consolidation of some of the entities on the basis of their products. It recommends creating appropriate conditions primarily for consolidation of high-quality steel goods and producers of pipes. In both cases, the goal of consolidation (implemented in line with owner- ship strategy) is to develop mechanisms, which enable profitable operations of the enterprises’ production lines, and reorganization of the supply of the above- mentioned products.
Consolidation in a natural way establishes direct grounds, which can facilitate privatization of the sector, planned under the Programme. The primary goal of privatization policy is to prevent the so-called partial privatization, that would be contrary to the interests of the whole steel sector, as it could limit its competitive- ness or market access. Therefore, the restructuring programme assumes that privatization of the Polish steel sector should be conducted with the participation of those strategic investors, who will be interested in the widest possible part of the sector – especially the integrated steelworks and steelworks which would be related to them in terms of technology.
The above concept was reflected in the founding of holding created on 6 June 2002 from four individual steelworks (Katowice S.A., the T. Sendzimira S.A. in Cracow, Florian S.A. and Cedler S.A.). On 31 December 2002, this holding was trans- formed into a joint stock company „Polskie Huty Stali” S.A. The establishment of PHS S.A. created the basis to commence privatization procedures of this com- pany as a single enterprise. It had also a positive influence on the conditions for implementing the process of further consolidation of the steel sector. On 27 Oc- tober 2003, the State Treasury signed a contract to sell shares of PHS S.A. to LNM Holdings N.V. On 5 March 2004, the process of privatization of Polskie Huty Stali S.A. was finalized (the company operates currently under the name Ispat Polska Stal S.A.).
The government programme and the restructuring programmes of the steel- works, assume serious reduction of operating costs, by such means as rationali- zation of employment. In order to obtain productivity standards similar to the ones of the European Union, the process of employment restructuring, intro- duced a few years ago, shall be continued but to a smaller than current extent. In 2003–2006, this will result in a reduction of employment in the steelworks covered by public aid48 by about 6.9 thousand persons. Lay-offs, which require social protection mechanisms, will cover up to 3,000 persons. The process will be supported with budget funds, with the use of social protection mechanisms provided for in the law on restructuring of steel and iron sector and designated for vocational activation of steelworks employees who lose their jobs (vocational retraining, training contracts).
The excavation and processing of sulfur
The Polish sulfur sector since early 1990s faces problems, as mined sulfur is pushed out of the market by cheap recycled sulfur (obtained during the desulfuri- zation process of petroleum oil and gas). This caused a fall of sulfur prices and gradual decrease of production and export.
Currently only one enterprise – KiZChS „Siarkopol” S.A. in Grzybów – exca- vates and processes sulfur.
48 Public aid for restructuring of entities operating in the steel and iron sector was provided until the end
The other four enterprises – KiZPS „Siarkopol” under liquidation in Tar- nobrzeg, KS „Machów” in Tarnobrzeg, KS „Grzybów” in Rzędów and PRTG „Jeziorko” in Tarnobrzeg deal exclusively with liquidation of defunct workings and the reclamation of land contaminated with sulfur, which pose serious threat to the environment. These operations are supported with resources from the National Fund for Environmental Protection and Water Management.
Gradual liquidation of the sulfur industry is tied to significant reduction of em- ployment, which causes an increase of unemployment in the Tarnobrzeg region. The „Programme for restructuring sulfur mining and processing in Poland”, adopted by the Council of Ministers on 13 February 2001, is an attempt to solve the problems of the sulfur industry. The programme formulated the following goals:
• to bring back to economic effectiveness the widest possible part of the sulfur mining and processing sector, and to liquidate the permanently unproductive areas of activity;
• to maximally alleviate (for the employees of the sulfur sector and the local job markets) the results of rapidly decreasing number of jobs in the sulfur indus- try, in the case when the production programme of these enterprises is seri- ously reduced;
• to remove environmental threats, which arose as a result of excavation of sul- fur in strip mines and open pits and to guarantee reclamation of degraded land.
Under the Programme enterprises of the sulfur sector would be consolidated in order to improve their financial situation and to accelerate liquidation proc- esses.
In August 2003, a law was adopted on amending the law of 14 July 2001 on financial restructuring of the sulfur excavation sector.
The zinc and lead ores mining
As the deposits of the zinc and lead ores in ZGH „Bolesław” S.A. in Olkusz and ZG Trzebionka S.A. in Trzebinia are gradually becoming exhausted, these mining enterprises will have to be liquidated. Metallurgy works – ZGH „Bolesław” S.A. and HC „Miasteczko Śląskie” S.A. would have to switch their production to imported concentrates of zinc and lead.
As these enterprises do not have sufficient own funds, liquidation of mining enterprises (including the reclamation of land) is financed with state budget funds.
In 2004, the state-owned enterprise ZGH „Bolesław” was commercialized (on the basis of the law on commercialization and privatization of state-owned enter- prises, of 30 August 1996 – Journal of Laws of 1996, No 118, item 561) and transformed into a sole proprietor company of the State Treasury: ZGH „Bolesław S.A.
At the initiative of social partners, a Permanent Consultation Mechanism was developed. Its purpose is to monitor the situation in the zinc and lead sector, and to solve the problems on an ongoing basis. This body includes representatives of the Ministry of State Treasury, which performs the owner’s supervision functions, Ministry of Economy and Labour, representatives of employers, and of social partners. The meetings of the Permanent Consultation Mechanism are attended by representatives of the Ministry of Finance, National Fund for Environmental Protection and Water Management and local authorities.
In view of the planned liquidation of the ZGH „Bolesław” S.A., a special Coor- dination Team was appointed. Its task is to choose the most favorable solution for the problem regarding future supply of potable water to residents of the Olkusz region.
Industrial defence potential (IDP)
In May 2002, the Council of Ministers adopted a document „Strategy of struc- tural transformations of the industrial defence potential in 2002–2005”. The con- cept for structural reconstruction of the IDP, presented in that document, takes into account the restructuring activities conducted so far in that sector. At the same time, the Strategy follows the tendencies to concentrate capital and pro- duction structure, which is characteristic for the European and American defense industry.
Implementation of the economic and legal mechanisms, and the legal solu- tions proposed under the Strategy, should enable the transformation of the IDP into a consolidated and flexible sector of production, based on sound economic and financial grounds. The basic problem of the sector is that resources of pro- duction factors are used to a relatively small extent. Coupled with the high costs
of their maintenance, this does not guarantee sufficient profitability of the produc- tion of armament and military equipment, and reflects negatively on the economic and financial condition of enterprises of that sector.
The Council of Ministers designated two basic directions of transformation of the IDP in the Strategy. They include:
• capital consolidation of entities of the IDP, by creating two capital groups (the ammunition, missile, artillery and armoured forces group, in which the Foreign Trade Enterprise BUMAR Sp. z o.o. plays a dominant role; and the aviation, radio and electronics consortium, centered around the Industrial Development Agency – ARP S.A.);
• privatization of companies which remain outside the capital groups. In case of some entities, it should be preceded by restructuring process.
In 2003, the first phase of building capital groups was completed. The ammu- nition, missile, artillery and armoured forces group (BUMAR) includes 11 entities of the sector, and the aviation, radio and electronics consortium (ARP) – 5 pro- duction companies and 1 commercial firm. Shares in five other companies from the IDP sector, which are currently being restructured, shall be contributed into the increased capital of Foreign Trade Enterprise Bumar Sp. z o.o. in 2004.
Part of the IDP companies, which remain outside the capital groups, would undergo privatization, in some cases linked to restructuring activities. All activities undertaken in this area will, primarily, attempt to secure the mobilization needs of the economy; and secondly, to increase the attractiveness of the companies’ assets. This should facilitate the search for investors ready to engage serious capital resources. This is very important, as the defense sector did not, so far, enjoy high interest among investors – including foreign ones. As a result, only three companies of the sector were privatized so far. Most of the financial resources obtained during privatization process should be – according to the cur- rent law – used to support the restructuring processes of the defense sector, and the technical modernization of the Polish Armed Forces.
Consolidation of the IDP, proposed under the Strategy, is already showing the first positive results. The market position of these companies and their export ca- pacities were strengthened. Further effects of consolidation – such as rationaliza- tion of production capacities and production costs, modernization of market offer- ing, increase of export capacities – are expected in the coming years.
The process of privatization of the IDP is going slower than assumed under the Strategy. This is caused primarily by poor interest among the domestic and foreign investors, and also by the fact that the companies are not fully prepared for privatization.
Chapter 7
CONSTRUCTION
7.1. Dynamics and structure of the construction and assembly
production
In 2003, the economy saw a significant improvement of its overall condition. This was not accompanied by a significant improvement of the situation in con- struction sector.
Gross value added generated by this sector amounted to PLN 41,552 million in 2003 and the sales of construction and assembly production of entities with more than 9 workers reached PLN 37,403 million.
Gross value added dropped by 5.1% (by 6.5% in 2002). However, it should be noted that dynamics picked up gradually in the subsequent quarters (from 80.5% to 99.9%). This proves that the negative trends registered in the construction sector in the last years have been stopped.
Chart 21. Dynamics of gross value added in 2002 i 2003 (%) (fixed prices, corresponding quarter of previous year = 100)
Source: Statistical Bulletin No 4/2004, CSO, p.36.
94.8 87.9 85.6 97.6 99.9 80.5 97.9 92.6 75 80 85 90 95 100 105
IQ IIQ IIIQ IVQ
Construction and assembly production reduced its volume, similarly as during