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POLAND STRATEGY FOR ENERGY, TRANSPORT, WATER AND URBAN DEVELOPMENT ENERGY Key Issues of the Polish Energy Sector Regulation. Through the ongoing ESMAP assistance support, the Bank should continue its policy dialogue in support of the actual detailed implementation of the new regulatory framework for electricity, district heating and gas services. A well functioning and efficient regulatory framework is pre-condition for private sector development. Pricing. Further pricing reforms are needed to unbundle the accounts and establish costcovering prices for power, district heating, and gas. These reforms should facilitate the implementation of projects, which provide environmental benefits, are financially viable, and result in improvements in efficiency. EU Accession Managements of electricity and gas companies support the opening of access for all domestic electricity and gas producers/suppliers to final consumers, but are reluctant to external market opening. However, the Ministry of Economy (responsible for negotiations with the EU in this area) is committed to liberalize electricity and gas markets in line with the requirements of the EU directives by the time Poland joins the EU. Competition. The rules of the competitive electricity market, the integration of the existing long-term power purchase agreements (stranded costs) into the new competitive market, and the policy on environmental issues need to be clarified. These issues seriously affect competition and privatization in the power sector as well as force the regulator not to liberalize tariffs at generation level. Privatization. The privatization process should be accelerated. With liberalization of the European energy markets, further delays in privatization would lower the value and attractiveness of Polish power companies. Delays with decisions to introduce market principles and with privatization will only exacerbate the problems associated with the restructuring of employment, elimination of old and inefficient capacity, and modernization of the existing capacity. Restructuring. The restructuring of the gas sector must proceeds on a faster track. The restructuring of hard coal should continue in accordance with the Government plan, with emphasis on job creation and mine privatization. Energy Efficiency. While market-based incentives are increasing (price reforms, tighter environmental standards, and higher environmental user charges), many serious institutional barriers and market failures need to be overcome in order to permit tapping the ECSIE Recommendations for CAS Brainstorming 1 huge end-use energy efficiency potential: consumers must be aware; local banks are reluctant to finance end-use energy efficiency projects; generally, end-users lack capital and are not sufficiently creditworthy; and there are few mechanisms currently in place to help consumers deal effectively with rising energy prices and more stringent environmental standards. New approaches and financing mechanisms are thus needed to overcome these barriers, and they must be built on the incentive of end-users to undertake energy efficiency measures and on the incentive of local banks to finance these measures. Renewable Energy Resources. Because of high-perceived costs and the failure to internalize environmental costs into conventional generation investments, in addition to institutional barriers, renewable energy resources may become the orphans of the energy sector restructuring and liberalization. Policy as well as financing mechanisms are needed to create a sustainable market for renewable energy resources, attract private and local commercial financing, and help Poland meet its obligations under its international protocol and treaties Sector Studies for EU Accession Countries Purpose: Drawing on existing knowledge base and global experience within the Bank, these studies will: (i) provide an informed assessment of the optimal/appropriate subsector strategy in EU accession countries, with the view to identify issues and recommend policies and programs needed to complete the structural reforms, while ensuring social and environmental protection; (ii) help disseminate knowledge and experience on sector reforms in other countries; and (iii) define possible role of the Bank. The proposed gas and power studies, as described below, will present the reforms in the gas and electricity sector in EU accession countries and the challenges they face to liberalize the gas and electricity market, establish effective regulation, and attract private sector participation. A third brief study, as described below, will look at the optimal structure of fuel taxes. Regional Gas Market Assessment Study. The study will look at the development of the gas market in Europe. From a regional perspective, the study will focus on: (i) a brief review of the gas demand and supply, the necessary pipeline network and storage capacity to meet demand growth; (ii) the current sources of gas supply and the transit countries; (iii) the evolution of the liberalized EU market surrounded by non-EU countries’ monopoly suppliers; and (iv) the aspects of supply security and energy dependency (demand growth, balance of market power, risk management, reduced price volatility, contractual arrangements, competition, regulatory climate, diversification of supply routes and producing countries, sources and transit countries, and further interconnection and storage). From the perspective of EU accession countries, the study will expand on the challenges these countries will face with respect to the following: (i) how to evolve from a current monopoly/monopsony arrangement to one that promotes full competition, without jeopardizing access to gas at acceptable prices; (ii) how to develop the domestic gas market in a fashion that also promotes on-going competition; and (iii) how to come into full compliance with the EU requirements. The study will address generic issues related to restructuring and private sector participation, drawn from experience and lessons learned globally and relevant to these countries. ECSIE Recommendations for CAS Brainstorming 2 Power Market Assessment and Reform Study. The study will first provide a brief outlook at the electricity market in these countries, including a review of electricity balances, power exchanges, development plans for meeting demand growth and ensuring energy security / diversification, and a few benchmarks on sector productivity and efficiency. The study will present the reform objectives common to EU accession countries, take stock on how far each country has gone in the reforms, identify any important distortions (such as stranded costs) that hamper competition, assess the nature and extent of competition in generation in light of policy on environmental issues, and assess the tariff reforms needed to address stranded costs and environment issues in order to raise the overall level of revenue in the industry and to attract private participation. Drawing from relevant experience worldwide, the study will make the case for the optimal structure of the electricity market (driven by EU requirements), the benefit of competition in generation and supply, the role of regulation in monopoly transmission and distribution, and the necessity to reduce market and regulatory risks to enable significant private buying interest. Fuel Taxation Study. This brief study will provide a comparative analysis of the taxes on the various fuels between EU accession countries and other OECD countries, and identify prospects for optimizing the fiscal revenues from fuels. The study should be conducted jointly with PREM. If needed, the brief study could be expanded to review the overall fiscal impact of the energy sector in terms of subsidies, fuel taxes, corporate taxes, and profitability. Rationale for Bank Involvement in the Polish Energy Sector. To support the Government’s efforts: (i) to manage the energy sector (coal, district heating, electricity and gas) during critical transition phase to a deregulated and competitive market and to private ownership; (ii) to provide social and environmental protection during the implementation of further sector reforms; and (iii) to overcome market barriers to the implementation of energy efficiency and renewables. Bank Support Continue policy dialogue with the Government on sector policy and regulation; Support to the Government’s Hard Coal Sector Restructuring Program, through a third SECAL (plus, eventually an Investment Loan for mine privatization and/or microcredit for severance miners); Through a power/gas SECAL, support continued further policy reforms (pricing, competition, privatization, and EU accession), provide for social protection during the implementation of the reforms, and complete the restructuring of the gas sector; Investment financing support for gas transmission sector to remove transmission constraints, add storage capacity and create the necessary transmission capacity required for establishing a competitive market by the time when new gas supply enters the Polish energy balance; and Investment financing support for energy efficiency and renewables, together with Global Environmental Facility and Prototype Carbon Fund. ECSIE Recommendations for CAS Brainstorming 3 TRANSPORT Key Issues of the Transport Sector of Poland 1. The Overall Picture. Poland is a key transit country between East and West (the Western part of the EU and Russia/CIS) and North and South (Nordic EU members and Greece and other future members). This is also recognized through the four Pan-European transport corridors crossing the country. 2. Transport Policy and Regulatory Framework. Harmonization with the EU competition policy will require that the prime duty of the Ministry of Transport and Maritime Economy (MTME) becomes that of setting and maintaining a level playing field among competing transport modes, and among competing operators within a mode. Important responsibilities remain also for planning, financing and managing the provision and maintenance of infrastructure. 3. Private Participation in Transport Infrastructure and Services. Priorities are to: (a) review barriers and disincentives to private investment in transport infrastructure and services–legal, fiscal, regulatory and financial; and (b) establish permanent consultative mechanisms for the removal of these barriers and the setting of transparent rules of the game. Roads 4. Taking a Fresh Look at Motorways. Major investments in transport infrastructure, including motorways, are clearly required as Poland’s economy continues its rapid growth and as it prepares for accession to the EU. However, the cost of the planned motorway program will be very high: nearly $1 billion per year (0.7% of GDP) sustained over some 15 years. Considering the competing demands on the State budget for financing many other investments in social and physical infrastructure, we recommend that the Motorway Agency and the Ministry of Transport revisit the timing and phasing of the motorway program and look at other alternatives which could still meet Poland’s transport needs in the coming years, but at lower cost. 5. Road Safety. Road accidents are becoming a leading cause of death. Accident rates are double those in Western Europe. In response, a national road safety program has been prepared; now it needs to be implemented. This will require adequate funding and close co-operation among the Ministry of Transport, the police, and other agencies, under the guidance of the National Road Safety Council. Further attention should be paid to analysis of the causes of accidents and the cost-effectiveness of various remedial measures. 6. Strengthening Roads to Handle EU Heavy Trucks. The EU allows heavier trucks than Poland. The state investment budget will need to double allocations for road rehabilitation (from about 0.5 to 1.0 percent of GDP), if main roads are to be strengthened to accommodate trucks up to the EU weight limits. Priorities for developing policy are to: (a) refine estimates of the investment required to strengthen the road network to bring it into line with EU truck weight standards; (b) revise user charges on heavy trucks to make ECSIE Recommendations for CAS Brainstorming 4 sure they fully cover the “wear and tear” costs they impose on the roads; and (c) review permits for overweight trucks, prescribed routes, enforcement mechanisms, and penalties. 7. Road User Charges and Reconciling Road Transport and the Environment. The growing use of clean automotive fuels and the phasing out of vehicles without catalytic converters is expected to be accelerated. The pump price of fuels may have to be further increased due to the need for a substantial increase in taxes to charge for road use and the social costs of emissions. Priorities for policy development are to: (a) research and analyze the costs of environmental externalities; (b) review alternative charging mechanisms; and (c) review policy objectives related to fuel prices, to arrive at a target level of fuel tax and to set the pace of increase to get from here to there. Railways 8. Creating a Competitive Railway System. Since the start of the economic transformation at the turn of the 1990s, the Ministry of Transport has been addressing the need to adapt Polish railways to the demands of a market economy. By adopting the new Railways Law both the Parliament and the Government demonstrated their strengthened resolve to pursue the downsizing and restructuring of Polish State Railways to cut the workforce, separate train operations organizationally from infrastructure (track, yards and signaling), and freight operations from passenger operations. Among other reasons, this is to allow open access for any operator of freight trains and international passenger trains, a policy now being required by the EU. Private participation in train operations should be prepared for and significant capacity development will be needed at the regional and municipal governments as they become responsible for regional and suburban passenger services. Urban Transport 9. Balancing Public Transport and Car Use in Cities. In urban public transport, Poland made long strides in the early 1990s by sharply increasing cost recovery from fare revenues, introducing service agreements between municipal governments and publicowned operators, and preparing the legislative basis for competitive tendering of services to both public and private-owned operators. The reform has since lost steam, so cost savings and service improvements linked to competition remain out of reach. The role of the private sector is minimal. Cost recovery in major cities is still too low to generate sufficient capital for replacing and modernizing bus and tram fleets. The State has gone too far in decentralizing all public transport responsibilities to the cities and has not faced squarely the complicated issues related to urban roads and traffic issues. Poland is to synchronize its urban public transport policies and practices with those of the EU, the Ministry of Transport should build its capacity to assist cities in making strategic decisions, in areas such as competitive tendering, subsidy reform, road and public transport investment policies, and road use pricing, as well as getting access to capital in the period before cities reach financial self-sufficiency. ECSIE Recommendations for CAS Brainstorming 5 Ports 10. Modernizing Poland’s Ports to Serve Globalized Industry. With the nature and directions of Polish trade evolving rapidly from year to year, investing in ports has been a risky business. International road transport, railways and pipelines are competing for the same traffic as the Polish ports. There is also strong competition among alternative routes for cargo between major hub ports (Rotterdam, Hamburg) and eastern Baltic destinations. New port infrastructure –breakwaters, channels, and land access-- is lumpy, fixed and costly; the State can ill afford the large minimum investments needed without assurance that the new capacity will be well used. The Ministry of Transport and Maritime Economy should therefore: (a) Monitor implementation by the autonomous port authorities of the provisions of the 1996 Ports Law, to ensure appropriate separation of functions between them and the commercially independent port operating companies, with a view to promoting competitive provision of services more responsive to users’ needs. (b) Strengthen the capacity of the Ministry and the regional maritime offices to analyze traffic trends and the economics of competing routes; plan infrastructure investments accordingly on an integrated basis, bringing together the several links needed: port infrastructure, city access roads and land use changes, and interurban highway and rail links; and provide strategic leadership and guidance to the regional and municipal governments who need to be partners in such planning. (c) Foster facilitation of trade transactions in ports by furthering implementation of electronic data interchange and document harmonization among government agencies, consistent with the border-crossing agenda cited below (para.12). The Bank’s supervision of the two on-going port projects gives us the access needed for continuing dialogue with MTME on these issues. Air Transportation 11. Civil Aviation: Partly Open Skies. The Union’s policy of open skies among member states has already brought more foreign airlines into Poland, encourage the startup of private Polish carriers, and put pressure on LOT to lower fares. Demand will grow for investment in regional airports, making it easier for traffic to bypass Warsaw. Policy priorities are to: (a) renegotiate the bilateral air traffic rights to exploit the opportunities created by EU Stage 4 liberalization; (b) pursue privatization of LOT; (c) remove any barriers to exit from loss-making routes and (d) maintain an effective air safety over-sight by the authorities . Trade Facilitation 12. Border crossing conditions between Poland and Belarus are among the worst in Europe. Lack of holistic and regional approach to the improvement of border crossing conditions made the Polish borders infamous for delays and rent-seeking. Policy priorities ECSIE Recommendations for CAS Brainstorming 6 are to (a) accelerate customs reforms; (b) strengthen cooperation with Belarus and harmonize the reform programs; (c) improve inter-agency cooperation at the borders and (d) introduce e-clearance procedures. PROPOSALS FOR FY02 Railways Staff Reduction Workshop 13. A railways workshop to discuss staff reduction strategies, the applied social safety net and the relationship between staff retrenchment and railways reforms was planned for FY01. As the preparation of the PKP project needed more funding, we had an agreement with Basil Kavalsky, the Country Director for Poland at that time that we use the workshop budget to complete project preparation and postpone the workshop by a year so that it could get adequate funding. 14. We plan to hold the workshop in March, 2002 in Zakopane with the participation of railways, trade unions, and government representatives not only from Poland, but also from other EU candidate countries and some selected ECA countries, that have already decided on efficiency improvement. This way we could help the dissemination of experience with the PKP labor redundancy and also use the project as demonstration for other ECA countries. 15. We estimate that the cost of organizing the workshop is around $50,000. Road financing AAA 16. Road financing has been an issue in Poland for a while. The problems with the motorway program and the EU accession requirements to strengthen the road network have particularly underlined the need for a clear road investment strategy, including the political decision on the priority to road maintenance and the plan for an affordable program of new construction, that is already justified by the traffic volume. It should also give the guidelines for reforming the road user charges system as the main source of revenues, establishing a more transparent link between them and their use in the road sector, restructuring the national road administration and the motorway agency etc. The sustainable improvement of the whole road system however lies in the road financing mechanisms. 17. We estimate that the study could be delivered in 6-8 weeks and it would cost around $50,000. Potential Lending for Road Mortality Reduction 18. The Polish government has asked the Bank to support its comprehensive and very large-scale highways investment program by a new loan. A "comprehensive" or big bang ECSIE Recommendations for CAS Brainstorming 7 road development program is justified by the extensive needs to catch up with the EU countries and meet the acquis requirements. The benefits from a piece-meal and gradualist approach may be much less. Such an investment program may be a key element in improving Poland's currently uncertain growth prospects and, while this should not be an end in itself, may also be helpful in employment generation. The financing requirements of such an program will be very large (in excess of $1 billion a year), and, as recent experience shows, it is unrealistic to expect any significant share to come from the private sector, at least for a while. While EIB financing could be substantial, they will not be enough. ISPA grants are available only through an IFI co-financing. In current circumstances, where budget management looks more problematic by the day, this means very tough decisions by the Government on expenditure priorities within the budget, and on ways to raise additional revenue (further increase in road user charges, to contribute to the cost. 19. Road safety is an issue as European integration proceeds and other donors are not positioned as well as the World Bank for a comprehensive road-health-education-insurance program. Though considerable improvement has already been achieved partly through our policy dialogue and funding through the road projects (in the last two years 8% decrease in the total number of accidents, and 7% decrease in number of casualties thanks to better institutions, the establishment of an inter-ministerial National Road Safety Council, black spot elimination, improved law enforcement by better equipped Police, training, media campaigns, etc.), road safety situation in Poland still remains not only twice as bad as the EU countries, but it also stays behind the other EU candidate countries. The economic cost of road accidents in Poland still amounts to about 7 percent of the state budget, or about 2 percent of its GDP (about US$2.5 billion). To address this issue in a more comprehensive fashion, a joint transport-health-education operation, with the objective to establish a robust institutional framework and on a buoyant financing system is proposed. 20. A “jumbo loan for road development would have the grounds to ensure the coherence of the overall environment for road investment - meaning, amongst other things, (i) proper investment planning and selection (ii) a sensible overall financing package, including budget reallocations/additional revenue measures (iii) a massive road mortality and injury reduction program through holistic approach (iv) implementation of the whole program, not just selected components (iv) proper implementation arrangements and structures PROPOSALS FOR FY03 AND BEYOND ITS Application 21. Application of information technologies and the development of Intelligent Transport Systems is gaining pace at a high speed. However, this happens in an ad hoc way creating compatibility and inter-connection problems for the future, as governments are not prepared to deal with it. To establish the right regulatory framework, that attracts strategic investors and discourage the development of technological monopoly and dependence is a government responsibility. A review of the different ITS models and the ECSIE Recommendations for CAS Brainstorming 8 analysis of the development needs of the Polish transport system through the prism of smart technologies would help Poland to draw up a program that would be affordable and still set the stages for ITS development. Through its demonstration effect and a workshop to discuss the findings, other EU accession countries would also benefit from this study. We estimate that the study and the workshop would cost around $100,000. Rationale for Bank Involvement in the Polish Transport Sector While the Polish government enjoys access to financing for major transport infrastructure from EIB, EBRD and EU (ISPA), important parts of the above agenda for policy and institutional reform and capacity building are not covered by their mandates, or not in the depth that we offer. The EIB funds only construction of transport links of international importance, while EBRD focuses on private sector development. ISPA funds are allocated only to projects supported by one or other IFI. Thus maintenance and rehabilitation of roads, together with road safety, are recognized as areas where the World Bank has a strong advantage and track record. The Bank is likewise well placed to advise the Government on further steps in the restructuring and privatization of the railways. The role of the national government in strengthening the capacity of sub-national entities is also an area where the World Bank has experience and a mandate to offer but which is unlikely to interest the other IFIs. In principle we are also well positioned to help the Government integrate across sectors, such as the health and education dimensions of road safety. ECSIE Recommendations for CAS Brainstorming 9 URBAN This part will be sent as soon as Margret can respond. ECSIE Recommendations for CAS Brainstorming 10 WATER Poland has made enormous strides in improving water supply service coverage and quality. It has also been quite successful in promoting private involvement in the provision of these services and sector performance has improved since the start of the transition. Given the presence of other bilateral and multi lateral agencies, most notably EBRD, EIB, ISPA, and with the private sector eager and ready to provide advice and finance, there is no need for more traditional Bank lending in Poland's urban WSS sector. While today large cities tend to be served fairly well, much work remains to be done to improve service provision in smaller towns and rural communities. We would regard Bank involvement in these smaller towns as a low priority activity in the present CAS context, but we should keep it in mind in case the next Government seeks our involvement in the sector. There is also still a challenge to further increase the efficiency of service provision by improving the regulatory framework and making utility management and operations more efficient. As regards support on regulatory issues for the water sector, as of now we propose to be responsive rather than proactive and to be open to include it in the WPA if requested by the Government, possibly in the context of a multi sector approach to regulatory issues. The biggest medium term challenge, from our perspective, is to help Poland to meet EU standards for wastewater treatment. EU accession requirements for wastewater treatment are projected to require annualized investments and operating costs of about $ 2.5 billion, equivalent to about 1% of GDP (these numbers are very rough, and would require some additional work to firm them up). Poland is receiving grants from the EU of about $ 150 million/year to help address environmental issues, primarily wastewater treatment, but it evident that this falls very short of the amounts needed, so both the time schedule to achieve EU standards and funding the huge investment needs that will arise will become a major issue once accession negotiations start. Our experience suggests that there are important issues to address in the wastewater sector, including uncompetitive procurement procedures, over design of treatment plants, construction of empty plants without sewerage collectors, unclear subsidy policies, and weak coordination among all agencies involved. In view of this, and since the amounts involved are so large as to have a significant macroeconomic impact, we believe that there is a strong justification for Bank involvement in waste water treatment issues. However, it must be noted that we have been trying to establish a dialogue on these issues since 1992 or thereabouts, without success. The approach that we propose is to conduct an assessment of the institutional and policy issues that would need to be addressed to develop a sound and sustainable response to the wastewater challenge jointly with Jane's unit in SD, complemented by a review of the validity of previous investment needs assessments, and then put together a short issues paper for discussion with Government that would outline an agenda for action. If a meeting ECSIE Recommendations for CAS Brainstorming 11 of the minds can be reached on what needs to be done, we could follow up with programmatic lending or guarantees for investments in wastewater treatment plants, possibly together with EBRD, EIB and the EU. We estimate that the study could be carried out over a period of 8-10 weeks, at a cost of $ 50,000. ECSIE Recommendations for CAS Brainstorming 12 WB172824 Q:\Archive_3-8-01\Personal\POLAND\strategy\ECSIEPolandStrategy.DOC August 30, 2001 9:17 AM ECSIE Recommendations for CAS Brainstorming 13