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agriculture and food economy in poland

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AGRICULTURAL CENTRAL AND LOCAL SELF-GOVERNMENT INSTITUTIONS<br />

significant part of such revenues was allocated for the repayment of commitments<br />

taken over worth almost PLN 2 billion. At present, a large part of funds from the APA<br />

Resource privatisation is channelled to the national budget, Labour Fund <strong>and</strong><br />

Agricultural Market Agency.<br />

On 16 July 2003, the Law on agricultural structure entered <strong>in</strong>to force. Its<br />

provisions lay down new Agency’s tasks <strong>and</strong> <strong>in</strong>struments to implement such tasks.<br />

These provisions enable the Agency to control that part of trade <strong>in</strong> agricultural<br />

property that has been beyond its control so far <strong>and</strong> to <strong>in</strong>tervene, if necessary, to<br />

achieve the Law objectives, i.e. to improve the agrarian structure of agricultural<br />

hold<strong>in</strong>gs, to counteract excessive concentration of agricultural property <strong>and</strong> to<br />

ensure farm<strong>in</strong>g <strong>in</strong> agricultural hold<strong>in</strong>gs by persons with appropriate qualifications.<br />

Through such objectives the provision of Article 23 of the Constitution of the<br />

Republic of Pol<strong>and</strong> is enforced; pursuant to it the basis of the agricultural structure<br />

<strong>in</strong> Pol<strong>and</strong> is a family farm.<br />

The Agency can supervise trade <strong>in</strong> agricultural property thanks to new rights<br />

it was granted, i.e. the pre-emption right (<strong>in</strong> the case of sale agreements) <strong>and</strong> the<br />

so called buyout right (for other agreements transferr<strong>in</strong>g ownership of agricultural<br />

property). The pre-emption <strong>and</strong> buyout rights are not applicable, among other<br />

th<strong>in</strong>gs, to transfer of agricultural property result<strong>in</strong>g <strong>in</strong> enlargement of a family<br />

farm up to 300 ha of UAA <strong>and</strong> to trade <strong>in</strong> agricultural property between related<br />

persons.<br />

In addition to the aforementioned tasks, the Agency performs ownership<br />

functions <strong>in</strong> crops breed<strong>in</strong>g companies <strong>and</strong> animal breed<strong>in</strong>g companies<br />

<strong>in</strong>dicated by the M<strong>in</strong>ister of Agriculture as particularly important for the<br />

national <strong>economy</strong>. Currently, APA exercises ownership right <strong>in</strong> relation to 59<br />

such companies.<br />

By the end of May 200, <strong>in</strong> performance of its statutory tasks the Agency took<br />

over 4.7 million ha of l<strong>and</strong>, <strong>in</strong>clud<strong>in</strong>g 80% from the former state-owned farms<br />

(PPGR) of an average area of 2 250 ha. So far 1.7 million ha of l<strong>and</strong> has been<br />

permanently distributed, of which 1.4 million ha has been sold. At present there is<br />

3 million ha <strong>in</strong> the Agency Resource, of which 2.4 million ha of l<strong>and</strong> (78%) has<br />

been leased. There is still 504 000 ha of l<strong>and</strong> to be distributed, largely of little<br />

agricultural usability.<br />

The property taken over by the Agency from the former PPGR <strong>in</strong>cluded<br />

objects of a special character such as <strong>food</strong> process<strong>in</strong>g plants as well as manor<br />

houses <strong>and</strong> palaces with parks. Most of such objects has been sold or rented. In<br />

addition, the Agency took over 333 000 flats of which 306 000 have been<br />

distributed, primarily via sales to the tenants. At present there is 27 000 flats <strong>in</strong><br />

the APA Resource.<br />

The ma<strong>in</strong> method of distribut<strong>in</strong>g the property taken over is sale <strong>and</strong> lease<br />

through Agency’s branch <strong>and</strong> local offices via oral public tenders (auctions) <strong>and</strong><br />

tenders <strong>in</strong>volv<strong>in</strong>g written bids (competition).<br />

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