This week, the Polish Government has announced the entry into the next, and
according to earlier announcements, the last stage of defrosting the domestic
economy, and thus the abolition of existing restrictions on business activities
introduced in connection with the COVID-19 epidemic. The sixth in a row
Regulation of the Council of Ministers on the establishment of specific
restrictions, orders and bans in connection with the epidemic will replace the
regulation of 16 May 2020 (Journal of Laws of 2020, item 878), and its entry
into force is planned for 30 May 2020. From the beginning of the announcement
of the state of the epidemic in the territory of the Republic of Poland, each of the
industry closely followed the temporary bans and restrictions on doing business,
and then watched it gradual abolition with equal attention. According to the plan
originally announced by the Government the entry into force of the new
regulation should complete the abolition of the bans and restrictions on
all business activities established in connection with the announced
state of the epidemic, but this is not the case. There is still a ban on
running discotheques and nightclubs, and for some types of activities, running
them is allowed but still subject to certain restrictions (e.g. cinemas where no
more than half of the seats will be available to participants). The new regulation
will also establish further rules for the functioning of all public space facilities and
the rules for movement in this space but the announced abolition of the bans
and restrictions on doing business will not mean a complete return to reality
before the epidemic, as the announced state of the epidemic has still not been
canceled.
As a rule, from 30 May 2020, there will be no obligation to cover your nose and
mouth in an open space if you keep a distance of 2 meters from people staying
in these places. This obligation will, however, be maintained in most enclosed
spaces, including in workplaces and public buildings dedicated to the needs of,
among others trade, gastronomy, services, as well as i.e. in courts and offices.
Here, in accordance with the proposed wording of the regulations, the obligation
to cover the mouth and nose will not apply to persons performing professional,
business or commercial activities in these buildings, but only to persons
providing direct service to clients or petitioners during its performance. In
commercial or service facilities and market stalls (stalls) the obligation to cover
the mouth and nose will apply to everyone without exception.
It should be emphasized that in this last stage of defrosting the economy,
restrictions on the permissible number of persons per square meter of a given
space, existing until now, and annoying especially for the trade and catering
industry are abolished.
From the nearest Saturday, i.e. 30 May 2020, fully open (although on certain
rules) will be i.e. restaurants, and from 6 June 2020 also i.e. cinemas, gyms,
fitness clubs, saunas, solariums, massage salons. For shopping center owners,
this means that all service and catering points located therein, which remain
closed so far, will be able to function again on 30 May and 6 June 2020, although
still with certain rules for both owners and customers. In gastronomic facilities it
will be necessary above all for customers to cover their mouths and nose until
they occupy the place where they eat or drink.
In commercial or service facilities with a sales or service area of over 2,000 sq m
and commercial facilities within the meaning of the Act of 10 January 2018 on
trade restrictions on Sundays and holidays and on certain other days (Journal of
Laws of 2019, item 466), the following obligations are maintained:
– wearing disposable gloves by persons staying on their territory when
purchasing goods or services;
– providing disposable gloves or hand sanitizers by these facilities;
– disinfecting the cash desk or service desk during their opening hours,
at least once an hour.
Pursuant to the new regulation, while maintaining the abovementioned
obligations, from 30 May 2020 it should also be permissible to conduct retail
trade or service activities on sale stands and also without restrictions as to the
number of people served. The proposed new regulations do not duplicate
existing restrictions in this respect, i.e. separating counters or cash desks with
plastic screens.
The general obligation for workplaces to provide employees, regardless of the
basis of employment, with disposable gloves or hand disinfectants and, in
principle, to provide at least a 1.5-meter distance between workplaces
is maintained.
According to official information available on government websites, specific
sanitary recommendations for individual industries, which are primarily
a practical specification of the new regulation and also an important guide for its
proper implementation, will be given after the consultation process with
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entrepreneurs. However, since the majority of existing business obligations for
individual industries shall probably be maintained, it cannot be excluded that the
guidelines developed so far, available on the websites of the Ministry of
Development, will remain, at least for some industries, the same or will change
slightly.
FOR FURTHER INFORMATION PLEASE CONTACT
Katarzyna Sasiak
Attorney at Law
T: +48 22 447 43 00
E: sasiak@millercanfield.com
Disclaimer: This publication has been prepared for clients and professional associates of Miller Canfield, and is based on the
facts and guidance available at the time of its release which may be subject to change. The purpose of the publication is to
draw attention to the legal events indicated in it and should not be the sole basis for any decision regarding a particular course
of action; nor should it be relied on as legal advice or regarded as a substitute for detailed advice in individual cases. The
services of a competent professional adviser should be obtained in each instance so that the applicability of the relevant
legislation or other legal development to the particular facts can be verified.