afi investors´ guidebook: how to succeed in the czech republic
DESCRIPTION
The most complete information booklet for foreign investors coming into the Czech Republic. The publication was issued in connection with the AFI´s 20th anniversary. Its purpose is to provide newly incoming and existing investors with comprehensive information about investing in the Czech Republic.TRANSCRIPT
is a non-governmental, non-profit organisation established by a group of leading global and regional firms with key competences in supporting new and existing investors in all areas of their activities and actively promoting the Czech Republic as an investment destination of choice. The AFI has been actively assisting investors since 1996 and cooperates closely with the Czech government, CzechInvest Investment and Business Development Agency and all relevant public authorities.
The Association for Foreign Investment
Expert support for investors and exporters in all key phases of investment implementation:
• Site selection advisory
• Comprehensive services related to getting established on the market
• Necessary information from all sectors of the economy („doing business“, analyses)
• Organisation of investors‘ visits to Czech Republic
• Personal consultation
• Mediation of contacts with business partners and other relevant entities on the market
• Facilitation of contact with the public sector, the academic sphere and science and research organisations
• Expert support in the area of visas and work permits
• M&A advisory, target selections
Contact the AFI for more information
Eva BendlováAssociation for Foreign Investment Štěpánská 11, 120 00 Prague 2 Czech Republic phone: (+420) 224 911 750 mobile: (+420) 724 314 852 email: [email protected]
www.afi.cz
AFI Main Partner AFI Partners
AFI Supporting Partners
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AFI MEMBERS
TECTURE
INVESTORS‘ GUIDEBOOK How to Succeed in the Czech Republic
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Investors’ Guidebook: How to Succeed in the Czech Republic
Prague, January 2016
Association for Foreign Investment
Štěpánská 11, 120 00, Prague 2
www.afi.cz
Iva Fialová, Kamil Blažek, Eva Bendlová, Petr Koljaděnko, Aleš Krtička, Jakub Lichnovský
The publication “Investors’ Guidebook: How to Succeed in the Czech Republic” was issued in connection with the AFI’s
20th anniversary at the beginning of 2016. The purpose of this guidebook is to provide newly incoming and existing
investors with comprehensive information about investing in the Czech Republic. The authors of the individual articles
come mostly from the ranks of AFI members and are leading experts in their respective fields.
Forewords 1
Bohuslav Sobotka, Prime Minister of the Czech Republic 4
Kamil Blažek, Chairman, Association for Foreign Investment 6
Karel Kučera, CEO, CzechInvest 8
Quick facts about the Czech Republic 11
The Czech Republic – heart of Europe 12
About the country | AFI Ready for business 18
Reasons to invest in the Czech Republic | CzechInvest Prague: A top location for European headquarters 20
Prague headquarters | AFI
The top ten facts every investor needs to know
about the Czech legal system 22
Legal framework | Kinstellar
Five main things to do first 25
1. Establish your business 26
Starting a business | Havel, Holásek & Partners
2. Acquire or lease commercial property 28
Commercial properties | CTP 3. Find out more about the labour market 30
Labour market | Grafton Recruitment
4. Get more information about state aid 32
Finance | KPMG Česká republika
5. Protect your intellectual property rights 34
Intellectual property | WEINHOLD LEGAL
Finance your investment 37
Get the best out of European funds 38
EU funding until 2022 | PRK Partners
How investment incentives work in the Czech Republic 40
Investment incentives | CzechInvest
Finance your future with OPEIC 42
OPEIC 2014-2020 | CzechInvest
Financing foreign investment in the Czech Republic 46
Banking system and the economy | Erste Corporate Banking
Content
Get more information about properties 49
Development of industrial zones in the Czech Republic 50
Quality of industrial properties in the Czech Republic | Tebodin Czech Republic
Land development in hands of real estate professional 52
Acquisition of land | Panattoni Czech Republic Development
The beauty of brownfields 54
Greenfield vs. brownfield investments | ATELIER TSUNAMI
Brownfields and public-private sector cooperation 56
Realization of brownfields | Asental Land Sustainable construction in the Czech Republic 58
Brownfields and sustainable construction | VCES PROPERTY DEVELOPMENT
The time is now: The property market in the Czech Republic
has never been better for tenants 60
Leasing of commercial property | White Star Real Estate
Find your property 63
The rebounding retail market 64
Retail market | CBRE
The Czech Republic remains attractive for industrial tenants 66
Industrial and warehouse market | P3 Logistic Parks
Where to find the best office in the Czech Republic 68
Office market | COLLIERS, IMMOFINANZ Services Czech Republic
Handle the permit and construction processes 73
Permitting basics 74
Approval process management | TAKENAKA EUROPE
The importance of EIA 76
Environmental impact assessment | AECOM CZ
The present and future of building permit process 78
Building permit | Technoprojekt
Zoning permit 78
PSG – International
Cost planning: The first step 80
Cost planning | PM Group
Hire people 83
The Czech Republic: Increasing skills in a competitive labour market 84
Labour market | Hays Czech Republic
Flexibility for employers 86
Labour law | Konečná & Zacha
The Czech Republic
Properties
FinanceFirst steps
Permitting and construction
Being an employer in the Czech Republic 88
Social-security system and payroll accounting | Adecco
Why recruitment agencies are superior to social networks 90
Finding management | Advantage Consulting Jobs
The challenge of recruiting blue-collar workers 92
Finding workers | Hofmann Wizard
Talent management comes of age 94
Talent management | REED
Manage costs. Invest in talent. How to do both and succeed in today’s environment 96
HR outsourcing | ManpowerGroup Czech Republic
Increased productivity, reduced costs and happier employees 98
Workforce management | Randstad
Find out more about taxes 101
The Czech tax environment: Transparent and competitive 102
Tax environment | EY
Paying corporate taxes in the Czech Republic 104
Business taxation | PwC Česká republika
Paying personal income tax in the Czech Republic 106
Individual taxation | ASB Accounting
Interested in M&A 109
Czech M&A – reaching the international standard 110
M&A-related documentation | PwC Legal
Making informed investment decisions 112
Financial and tax due diligence | Deloitte Advisory
From preparation to operation 114
Technical due diligence | Gleeds
Environmental due diligence – A cornerstone of new acquisitions assessment 116
Environmental due diligence | ENVIROS
Finding a trustworthy manager in the Czech Republic 118
Nominee services | VISTRA CZECH REPUBLIC AND SLOVAKIA
CzechLink: The easy way how to find a strategic partner 120
CzechInvest
Helping foreign investors to relocate to the Czech Republic 121
CzechInvest
Top sectors for investment 123
Automotive 124
CzechInvest
Aerospace 124
CzechInvest
Mechanical engineering 125
CzechInvest
Electronics and electrical engineering 125
CzechInvest
ICT 126
CzechInvest
Nanotechnology 126
CzechInvest
Life sciences 127
CzechInvest
Nuclear engineering and research 127
JMM CS
Defence industry 128
Defence and Security Industry Association
Transport and infrastructure 128
Kinstellar
Telecommunications 129
Information Technology and Telecommunication Association
Business support services 129
CzechInvest
Banking 130
Czech Insurance Association
Insurance 131
Czech Insurance Association
Food industry 132
Ministry of Agriculture
Chemical industry 132
Tebodin Czech Republic
Energy efficiency services 133
ENVIROS
Renewable energy generation 133
CzechInvest
Cleantech 134
CzechInvest
Water management 134
CzechInvest
Spa services 135
CPI Hotels
Hotel and leisure industry 135
PwC Audit
TaxesM
&A
Top sectors
Hum
an resources
I would like to thank the Association for Foreign Invest-ment (AFI) for preparing and issuing this publication, which sets out to provide new and existing investors with cross-sectional, comprehensive and summary in-formation about investing in the Czech Republic. This is the AFI’s active way of celebrating the 20th anniversary of its existence and of illustrating that it has every in-tention of working with the Czech government to build on the success it has achieved so far.I am pleased to see this publication emerging at a time when we are able to point to specific examples of how the Czech government is adhering to its policy state-ment, in which we made a commitment to the Czech electorate and our foreign partners that we would deliver employment and political stability to the country. Indeed, these goals are being pursued through the cavalcade of measures we have managed to implement to date. In particular, we have amended the Investment Incentives Act, which guarantees the compliance of aid
provision with new European regulations, establishing the level of 25% in all regions of the Czech Repub-lic apart from the City of Prague. The requirement to finance investments out of one’s own resources has been dropped, and aid also applies to business support services hubs, specifically data centres and customer support centres (call centres). In our amendment, we introduced the concept of gov-ernment-designated preferential industrial zones. In those zones offering quality infrastructure, more attractive forms of aid are granted, such as CZK 300,000 per job and exemptions from tax on immovable assets. For all types of investment projects, the incentive of this tax exemption applies for five years in preferen-tial industrial zones. For strategic investment projects, tangible aid to acquire assets has been increased from 5% to 10%. The number of regions in which tangible aid is granted to create jobs and to organise training and retraining has been expanded. Now, depending
Dear Readers, Current and Future Investors,
on the region’s classification, CZK 100,000-300,000 (approx. EUR 3,700 - 11,100) is available per job. Tangi-ble aid for training and retraining has been increased from 25% to 50% of the training costs, again depend-ing on the region’s classification.Other measures taken by our government have brought forth a reduction of the charge for the removal of land from agricultural holdings, the introduction of an amendment to the Public Procurement Act, and stable and effective cooperation with the relevant institutions. Swifter utilisation of European funds has enabled the Czech Republic to make further headway in improving strategic infrastructure, including digital, transport and energy infrastructure. As an example, I will mention the plan to continue constructing the backbone transport infrastructure, encompassing not only motor-ways and expressways, but also rail corridors. We are also pushing forward with our support for science, research and education, including in technical fields. In addition, the Czech government is successfully implementing the Welcome Package project, which has streamlined the procedure for the entry and employment of key
superb technical knowledge and the ability to put that expertise into practice, as well as structuring and pro-cedural know-how in the management of companies and projects. Having been at the helm for two years, our government has engaged in a plethora of specific actions. Even so, we realise that, as the economic and political situation unfolds, our work can never be at an end. Once the necessary legislation and raft of programmes have been approved, we will continue the efforts we have been making so far. Our further steps will also be channelled, in part, into coming up with an education strategy yielding a durable edu-cated workforce, a transparent working environment, quality infrastructure and active economic diplomacy. The Czech Republic’s active European Union member-ship is a key priority for us. We are conscious of the fact that a united and economically powerful Europe, which we candidly support, is essential for the open knowl-edge and industrial economy of our country. Aside from the apt usage of European funds in the estab-lishment of infrastructure and the support of industry and education, we have negotiated with the European
Commission the possibility of granting investment incentives totalling more than EUR 150 million a year from 1 January 2015. This was one of the Commission’s first such decisions in favour of an EU member state, without which it would have been necessary to cap the incentives granted at EUR 150 million per year. When we see foreign investors make strategic entries and exercise their influence over the Czech Republic’s economic performance and employment, we particular-ly appreciate innovative and competitive companies as welcome partners driving forward our own improve-ment and sharing their experience and space for the use of science, research and development, to which we also attach considerable importance. I am confident that the current trend of successful, mutually beneficial investment will continue into the future and will fuel the further economic growth of investors and the Czech Republic alike. I look forward to coming face to face with other investment projects brokered on the foreign visits of government representatives accompanied by business delegations, or via CzechInvest, the Ministry of Industry and Trade and our foreign missions.
foreign employees who, with a view to rolling out invest-ments in the Czech Republic, need to obtain the neces-sary permits (work and residence permits) as quickly and smoothly as possible. This assistance now also extends to their family members, including children. These steps have resulted in more investments being shepherded into the Czech Republic. The almost 200 investment projects supported in 2014 and the first quarter of 2015 are an impressive feat and, in them-selves, are highly revealing in that they show that gov-ernment policy and the stable political situation make the Czech Republic a safe haven for domestic and for-eign investors. The Czech Republic boasts the best risk rating among Central and Eastern European countries, while offering lower costs than Western countries, high quality of labour on a par with countries in the West, and a longstanding tradition of technical expertise. The Czech Republic has long been viewed as a strong, stalwart partner delivering the ideal combination of its location in the middle of Europe, talent, road and rail network infrastructure, and highly developed data in-frastructure. In particular, investors value the country’s
Bohuslav SobotkaPrime Minister of the Czech Republic
Over the past two decades, the AFI’s members have assisted with nearly every major foreign direct investment in the Czech Republic. Our members are leading companies in their respective fields and have tremendous experience with providing professional services for foreign investors. In con-ducting our activities, we closely cooperate with CzechInvest, the Ministry of Industry and Trade, the Ministry of Foreign Affairs and other public and private institutions in the Czech Republic and abroad. Unlike governmental institutions, however, we are able to offer a broader range of services thanks to the extensive experience of our members. Besides traditionally strong sectors of the Czech economy (e.g. the automotive industry, aerospace, life sciences and ICT), we are able to provide services to investors operating in other fields such as energy, defence, banking and financial services, commercial real estate and the hospitality industry.
Dear Readers, You are holding in your hands a unique publication, Investors’ Guidebook: How to Succeed in the Czech Republic which was prepared by leading experts from the ranks of member companies of the As-sociation for Foreign Investment on the occasion of the AFI’s twentieth anniversary. The AFI was es-tablished on 1 January 1996 as a non-governmental non-profit organisation focused on supporting for-eign direct investments both via greenfield invest-ments and acquisitions, development of the Czech business environment, export of investments and cooperation between companies and the research sphere in the Czech Republic. The association’s members are leading local and multinational com-panies that provide a broad spectrum of services for investors on the Czech market.
I am very pleased that the Association for Foreign Investment is still thriving twenty years after its establishment. I believe the fact that a group of re-nowned companies in the areas of tax, audit, legal services, HR, commercial property and engineering, among other fields, came together with the purpose of cultivating and promoting the local business en-vironment is an exceptional occurrence in the world. This endeavour has resulted not only in the estab-lishment and twenty-year existence of the AFI, but also the publication of this guidebook for investors, which has the purpose of providing incoming and existing investors with clear and comprehensive information on investing in the Czech Republic, while also demonstrating our country’s advanced level of development and its readiness for further invest-ment. I am convinced that this guidebook will serve as a trustworthy source of information that investors will find useful in their strategic decision-making.
Despite the turbulence that Europe is currently facing, it can be stated that, in most of the rele-vant indicators for investors, the Czech Republic is truly an island of stability in the middle of Europe and is thus a favourable environment for new foreign investments and expansions of compa-nies already operating here. In addition to pos-itive economic indicators, the country’s appeal to investors is bolstered by its strategic location, well-educated and highly skilled workforce, the reputation of Czech engineers and mechanics, and high quality of life. I would also like to high-light the efforts of the current Czech government, which has made support for foreign investment a key priority and thus part of its policy platform. I would like to hereby thank everyone who played a role in creating this publication, as well as all of the current members and partners of the AFI, CzechInvest and all of the non-governmental
organisations that have long collaborated with us and helped us to prepare this publication. We highly value your support. I also want to thank the previous chairmen of the Association for Foreign Investment – Tomáš Ctibor, Jan Ámos Havelka, Martin Slabý and Jan Bobek. Without their substantial contributions, we would not be celebrating the AFI’s twentieth anniversary this year.This is the first edition of the Investors’ Guide-book. It is my hope that publication of this guide-book will become a lasting tradition, as we intend to regularly revise and update it with information on additional thematic areas that investors con-sider in their decision-making process. Therefore I would welcome your feedback on how to improve it. I will allways be open to your ideas and opin-ions regarding Czech investment environment and our activities.
The Czech Republic is currently enjoying a favour-able period for foreign investment. As a member of the European Union, NATO, OECD and other major international organisations, the country has established itself as the stable heart of Europe with a developed economy and western-style democracy and society. With its transparent busi-ness environment and advanced legal system, it is also considered to be the most stable and prosperous country of all the post-communist states. Industrial production accounts for 47.3% of the domestic economy, which makes the Czech Republic the most industrialised country in the European Union, with the automotive industry remaining the dominant sector here. In the third quarter of 2015, the country’s gross domestic product grew by 4.5% year on year, while gross value added increased by 3.8% year on year and unemployment continued to fall.
Kamil BlažekChairman, Association for Foreign Investment
a strong, competitive and attractive environment for domestic and foreign investors and for their further development. Since the 1990s, when both the AFI and CzechInvest were established, the Czech Republic’s investment environment has changed considerably as the country transformed itself from a developing to a developed economy. There has also been a change in the scale of investors that find here a place to develop their business. Whereas in the past investors were attracted to the Czech Republic by the country’s available workforce and business properties, today that is no longer enough, as investors are now far more demanding. When decid-ing where to place their investments, they consider other, more sophisticated factors. Specifically, they look at aspects such as proximity to universities and secondary schools with vocational programmes
Dear Readers, I would like to take this opportunity to congratu-late the Association for Foreign Investment on its twentieth anniversary. Over the past two decades, the AFI has assisted us with creating and improving the Czech Republic’s investment and business envi-ronment. This assistance has always been very useful and invariably professional. One’s twentieth anniversary calls for a look back. CzechInvest celebrated this milestone three years ago. The AFI and CzechInvest are very close not only in this respect, but also in the common focus of our daily work, problems and the successes that we have achieved, as well as in our common strengths. Over the past twenty years, we have formed a strong partnership based on a shared interest:
corresponding to the needs of the given invest-ment project, the availability of residential premises for managers and schools for their children, and connections to science and technology parks, as many investors that began with only production years ago are now expanding their activities into the area of research and development. Since the establishment of CzechInvest and the AFI, industrial zones have proliferated in the Czech Republic, providing investors with the space they need for their business operations, which is beneficial both for them and for the country itself. We are currently encountering increasing interest from potential investors and it is thus necessary that we pay attention to development of suitable industrial zones and properties for investment projects, e.g. unused sites in the country’s regions and municipalities.
closest neighbours – Slovakia, Poland and Hungary – combined, according to recent annual statistics. We have a lot of big new challenges ahead of us and our goal is to confirm and strengthen our position as a developed country by focusing on projects bringing higher added value. A basic factor for investors is whether the environment where they want to invest is sufficiently stable and – especially in the case of Asian investors – whether their activities will receive the necessary interest and attention from representatives of the government. In this respect, I must gratefully acknowledge that the current Czech government ranks investment support among its priorities. Personal meet-ings between leading government officials and representatives of both existing and newly incoming investors significantly help the Czech Republic in the competitive battle for investments.
Success in mediating investments lies in two important factors: cooperation and communication. A number of institutions including ministries, agen-cies, associations and other organisation are involved in the investment cycle, from initial contact and planning to obtaining the necessary permits and final implementation. I am pleased when the cooperation between them is effective, thus making the process as brief as possible, and when the responsible departments actively work on eliminating barriers hindering the development of investment activities and improvement of the investment environment. We see and reflect the needs of our clients, which brings us closer to them. Over the past two decades, the Association for For-eign Investment has played a significant role in this. I firmly believe that we will continue to be bound together by our common goal – client satisfaction.
In negotiations with potential investors, the Czech Republic’s high-quality supplier base is one of our strengths. For investors it is important to know that they needn’t import components from the other side of the world, as they can have them produced by Czech suppliers, often with higher quality. The quality of work done by the Czech people is his-torically a point of pride. Czechs workers are flexible and creative, and do good work for an affordable price. They are not stopped by unexpected problems, but rather seek various solutions and know how to cope with situations on their own with minimum input. These qualities are valued especially by Ameri-can and British investors. With respect to the investment environment and its various aspects, we frequently surpass our compe-tition. CzechInvest has mediated more investment projects than all of the investment agencies of our
Karel KučeraCEO, CzechInvest
Location
Did you know?
The Czech Republic
Prague
10.5 mil Population
78.866 km2
Area
4% Foreigners
96% Czechs
4.5% GDP growth: The country’s gross domestic product grew 4.5% year-on-year in the third quarter of 2015.
1010
6.2% unemployment rate:
Employment is experiencing dynamic growth on the Czech labour market, with a corresponding decline in the unemployment rate, which was 6.2% in August 2015.
1989 1993
Velvet RevolutionIn November and December 1989 the people of Czechoslovakia held a series of non-violent demonstrations against the communist govern-ment, which resulted in the regime’s collapse. The leading figure of the events, Václav Havel, was later named the first president of the free, post-communist Czechoslovakia.
Velvet DivorceThe federated Czechoslovakia was divided into the Czech Republic and Slovakia on 1 January 1993 through a bilateral political decision. Due to the peaceful course of the breakup, the event was called the Velvet Divorce.
Accession
to the EUThe Czech Republic joined the European Union in 2004.
Accession
to NATOThe Czech Republic became a member of NATO in 1999.
20041999
Politics
Miloš ZemanPresident
Bohuslav SobotkaPrime minister
Government
17 members
Chamber of Deputies200 members/4 years
200members
4years
Senate81 members/6 years
81members
6years
Economy
10th safest country in the world: According to the annual Global Peace Index published by the Institute for Economics and Peace, the Czech Republic is among the ten safest countries in the world in 2015.
47.3% Industry’s share in the economy:
The Czech Republic is the most industrialised country in the European Union. Industry accounts for 47.3% of the commercial economy.
1st
among new EU member
countries in the Where
to Be Born index: According to the Economist Intelligence Unit’s 2013 Where to Be Born index, the Czech Republic has the highest quality of life among new EU member countries and ranks 28th on the global scale.
Quality of life
Industry
Recent history
4% Poland
2% Bulgaria
1% USA
22% Others
23% Ukraine
12% Vietnam
8% Russia
2% Romania
4% Germany
22% Slovakia
Note: Percentage of foreigners in total populationSource: Eurostat, 2012
Note: Percentage of foreigners, by citizenship Source: Directorate of Alien Police Service, September 2015
Quick facts about the Czech Republic
ocationThe Czech Republic is a land-locked country in the middle of Europe. It is bordered by Germany to the west, Poland to the north, Slovakia to the east
and Austria to the south. Thanks to its location, which makes it a notional gateway between Western and Eastern Europe, the country is often referred to as the “Heart of Europe”. The Czech Republic is comprised of parts of historical territories which for a significant part of history were the Lands of the Bohemian Crown, namely Bohemia, Moravia and part of Silesia. Adminis-tratively, the country is divided into 14 self-gov-erning regions. The capital city, Prague, is also one of the regions. Approximately 10.5 million people live in the Czech Republic. The population of Prague is 1.2 million. With 378,000 inhabitants, Brno is the country’s second most populous city and is the natural centre of Moravia. The main city in Silesia, Ostrava, is the country’s third-biggest with a population of 296,000.
12 | INVESTORS‘ GUIDEBOOK
The Czech Republic – heart of Europe
LThe Czech Republic’s landscape comprises mainly highlands and rolling hills. Sixty-seven percent of the country’s territory is at an elevation of up 500 m above sea level, 32% in the range from 500 to 1,000 m above sea level and approximately 1% above 1,000 m above sea level. The country’s highest point is Sněžka Mountain in the Krkonoše range (1,603 m above sea level), and its lowest is Hřensko (115 m above sea level).
Modern historyFrom the 16th century, the Czech lands were ruled by the Habsburg dynasty, which gradually incorpo-rated the territory into the Habsburg monarchy, later the Austro-Hungarian Empire. In response to German-ification, the Czech national revival began at the end of the 18th century as an effort to restore Czech cul-ture and language and, later, to foster the acquisition of power by Czech political parties. The Czech lands underwent major economic development in the sec-ond half of the 19th century. The majority (approxi-mately 70%) of industry in Austria-Hungary at time was concentrated in the Czech lands.
Area 78,866 km2
Population 10.5 million
Workforce 5.3 million
Capital Prague
Language Czech
Currency Czech koruna (CZK)
Political system Parliamentary republic
Basic data
Český Krumlov
The Czech Republic’s location within the European Union
At the end of the First World War, Czechoslovakia was established through the joining of the Czech lands with the geographically and linguistically close Slovak nation. Tomáš Garrigue Masaryk was elected the first president of Czechoslovakia. During the interwar period from 1918 to 1938, Czechoslovakia became the last remaining democracy in Central Europe and enjoyed a rich industrial heritage and high quality of life. The Communist Party of Czechoslovakia seized power in February 1948. The country became a totalitarian state and part of the Eastern Bloc. The structures of civil society, free association and economic life were suppressed. The end of the 1950s saw the start of a gradual liberalisa-tion, which came to an end on 21 August 1968, when an invasion by the Soviet Union and other
Political systemThe Czech Republic was established on 1 January 1993 in connection with the dissolution of Czech-oslovakia. Since that date, the country has had a constitution according to which it is a parlia-mentary democracy with a liberal political system based on free competition of political parties and movements. The head of state is the country’s president, whereas the supreme and only lawmak-ing body is the Parliament of the Czech Republic. Parliament is a bicameral body composed of the Chamber of Deputies and the Senate. The Chamber of Deputies has 200 members elect-ed every four years on the basis of proportional representation. The Senate’s 81 members serve six-year terms, with two-round majority elections held for one-third of seats every two years.
The president and the government (i.e. the prime minister and cabinet) hold executive pow-er, whereas the government is the supreme executive body. The government is accountable to the Chamber of Deputies. The president, who is elected through direct voting, appoints the jus-tices of the Constitutional Court with the consent of the Senate. Under certain conditions, the pres-ident can dissolve the Chamber of Deputies and veto bills. The president also names the prime minister, and other members of the government are named at his suggestion. The Constitutional Court, with 15 justices, is the guarantor of constitutionality, ensures protection of fundamental rights and can repeal laws or provisions of laws. However, it is not part of the system of general courts. The Supreme
Warsaw Pact countries crushed the reform move-ment known as the Prague Spring.The Velvet Revolution, which began on 17 No-vember 1989, overthrew the communist regime and enabled the return of democracy and res-toration of free enterprise. Václav Havel became the first president of the free, post-communist Czechoslovakia. On 1 January 1993, the Czech-oslovak Federative Republic was dissolved through a bilateral political agreement, the result of which was the establishment of two inde-pendent successor states: the Czech Republic and Slovakia. The Czech Republic was gradually accepted into Western European political struc-tures, joining NATO in 1999 and the European Union in 2004. It has been part of the Schengen Area since 2007.
About the country The C
zech R
epu
blic
First steps
Finan
ceProp
ertiesPerm
itting
an
d con
struction
Hum
an resources
TaxesM
&A
Top sectors
Plzeň
Karlovy Vary
Ústí n.L. Liberec
Prague
České Budějovice
Jihlava
Zlín
OlomoucOstrava
Pardubice
Hradec Králové
Prague Region
K.V. Region
Pardubice Region
South Bohemia
Liberec Region
Moravia-Silesia
Vysočina Region
Central Bohemia
Ústí n. L. Region
Germany
Germany
AustriaSlovakia
Poland
Olomouc Region
Zlín Region
Plzeň Region
H.K. Region
South Moravia
Brno
Bohemia
Silesia
Moravia
Map of the Czech Republic
Court is the highest body in civil and criminal justice as well as in the area of administrative adjudication.
EconomicsThe Czech Republic is a developed country with a market economy. According to a number of economic, social and political indicators, it ranks among the world’s most advanced coun-tries. Since 2005, the Czech Republic has been part of the group of the thirty most advanced countries according to the World Bank, to whose budget it has become a contributor. The country is considered to have the most stable and most prosperous economy of all post-communist states. According to Eurostat, it was the sixteenth richest country of the European Union in 2014 in terms of per-capita GDP based on purchasing power parity. Of the new EU members, it was the most successful of the new EU members. A Eurostat report from 2015 states that the Czech Republic is also the most industrialised country in European Union. Industrial production accounts for 47.3% of the commercial economy, which is more than in the other member states. In 2014, 28% of all Czech employees worked in industry. More than half of Czech industrial production is exported. The most important branch of Czech industry is vehicle manufacturing, including motorcycles and trailers, which has more than doubled in the past decade. The other main pillars of Czech industry are the mechanical-engineering, metals, chemical and food sectors. The energy, construction and consumer-goods industries are also important components of the Czech economy.
The unemployment rate in the Czech Republic has remained relatively low over the long term and be-low the average of developed countries. Germany is the country’s biggest foreign trade partner. The Czech Republic’s currency is the koruna. Due to a foreign exchange intervention carried out by the Czech National Bank, the koruna-euro ex-
GDP growth (year-on-year, Q3/2015) 4.5%
Inflation (9/2015) 0.4%
Unemployment rate (9/2015) 6.0%
Average gross monthly wage (Q3/2015) CZK 26,072 (approx. EUR 966)
Economy of the Czech Republic
The Czech Republic is a member of these organisations
United Nations
European Union
NATO
Organisation for Economic Cooperation and Development
World Trade Organisation
International Monetary Fund
World Bank
Council of Europe
Organisation for Security and Cooperation in Europe
European Customs Union
Schengen Agreement
Visegrad Group
47.3Czech
Republic
40.2Germany
39.9Slovakia
37.7Croatia
45.9Hungary
44.2Romania 42.8
Slovenia
45.0Poland
41.7Ireland
37.9Italy
34.5Austria
31.0Lithuania
33.7Estonia
29.1Latvia
33.0Finland
31.7Sweden
32.5Denmark
29.3Spain
26.4France
14.4Luxembourg
33.0Portugal
29.6Belgium
26.5Netherlands
24.8UK
40.5Bulgaria
28.3Greece
Share of industry in EU economies
Note: Share of industry in the commercial economy, total (value-added in the costs of production factors, in %)Source: Eurostat, 2015Source: Czech Statistical Office, Ministry of Finance, 2015
14 | INVESTORS‘ GUIDEBOOK
About the country
Country Standard and Poor´s
Moody´s Fitch
Czech Republic AA- A1 A+
Slovakia A A2 A+
Poland A- A2 A-
Bulgaria BBB Baa2 BB+
Hungary BB+ Ba1 BB+
Romania BB+ Baa3 BBB-
Russia BB+ Ba1 BBB-
Investment risk rating
Ranking CountryGDP growth (est.)
Inflation rate
Governmentdebt as % of GDP
Ease of doing business, rank
1. China 45.9% 3.0% 14.9 91
2. South Korea 22.9% 2.9% 27.3 8
3. Thailand 25.9% 2.7% 49.4 18
4. Peru 27.4% 2.1% 17.2 43
5. Czech Republic 21.1% 2.0% 45.5 65
6. Malaysia 21.8% 2.5% 54.6 12
7. Turkey 21.2% 5.4% 36.3 71
8. Chile 24.2% 3.0% 12.9 37
9. Russia 26.6% 6.5% 11.6 112
10. Indonesia 31.3% 4.6% 20.0 128
Top Emerging Markets according to Bloomberg (2013 - 2017, forecast January 2013)
change rate is stable at approximately CZK 27.5/EUR 1. Upon accession to the European Union in 2004, the country committed to adopting the single European currency. Minister of Finance Andrej Babiš
announced in February 2014 that the earliest possi-ble date for adoption of the euro would be in 2020. The Czech Republic’s national debt is low in com-parison with that of other EU member countries.
The development and current state of the country’s finances are also judged favourably in comparison with other European countries. In August 2011, Standard & Poor’s raised its rating of the Czech Republic by two places, from A to AA-, which is the fourth-best possible rating. At present, it can be stated that the Czech econo-my is in very good condition. The country’s gross domestic product increased by 4.5% year on year in the third quarter of 2015. In the same period, gross value added increased by 4.3% year on year. The unemployment rate has also fallen, specifical-ly to 6.2% in August 2015, with further declines expected. InfrastructureThe Czech Republic has a well-developed network of motorways and expressways. The motorway network is under construction and is constantly being refurbished. The most significant motorway in the Czech Republic is the D1 joining Prague and Brno with Ostrava and Poland (toward Katowice). In 2015, completion works began on the D1 motor-
way’s next-to-last section, which should be finished within four years. Construction of another section of the D11 motorway is set to begin in 2016 with the purpose of connecting Prague with Hradec Králové and the Polish border. Another motorway under construction is the D3 linking Prague to České Budějovice and Austria; the D3 will follow the route of the E55 backbone international motorway. The country’s motorways that have already been completed are the D2 connecting Brno and Slovakia (toward Bratislava) and the D5 connecting Prague, Plzeň and Germany (toward Nuremberg). A record amount of goods was transported on Czech roads and motorways at the beginning of 2015. According to statistics from the Ministry
Source: Czech National Bank, 2015
1 January New Year’s Day, Restoration Day of the Independent Czech State
Varies Good Friday, Easter Monday
1 May Labour Day
8 May Victory in Europe Day
5 July Day of Slavic Missionaries Cyril and Methodius
6 July Jan Hus Day
28 September Czech Statehood Day
28 October Independent Czechoslo-vak State Day Den
17 November Struggle for Freedom and Democracy Day
24 December Christmas Eve
25 December Christmas Day
26 December St. Stephen’s Day
National holidays in the Czech Republic
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Plzeň
Cheb
Ústí n.L.Děčín
Prague
České Budějovice
Linz
Nürnberg
Dresden
BratislavaWien
KatowiceKrakow
Žilina
Olomouc
Přerov
Ostrava
Pardubice
Česká Třebová
Brno
Břeclav
Railway transit corridors in the Czech Republic
Source: Railway Infrastructure Administration, 2015
of Transport, the volume of transported goods increased by 11% over the same period of the previ-ous years. Rail transport also increased, with the vol-ume of transported goods rising by 5%. Together with road transport, rail transport in the Czech Republic makes up the backbone of the domestic transportation system while also serving for international transit. With 9,458 km of track, the Czech Republic has the densest rail network in Europe. The corridor routes of the na-tionwide lines leading to the European rail system for long-distance and transit service cover 1,329 km.The Railway Infrastructure Administration is the ad-ministrator and operator of the absolute majority of railway infrastructure in the Czech Republic.
Plzeň
Karlovy VaryÚstí n.L.
Liberec
Prague
České Budějovice
Jihlava
Zlín
Olomouc
OstravaPardubice
Hradec Králové
Brno
Motorway network in the Czech Republic
Note: Status as at 1 January 2015Source: Road and Motorway Directorate of the Czech Republic, 2015
Public international airport
The biggest rail transporter is Czech Railways, whose subsidiary, ČD Cargo, is the fifth-biggest rail freight operator in Europe. The rail freight market has been liberalised; liberalisation of the passenger transport is ongoing. The Czech Republic is con-nected to the EuroCity international rail network, while some international connections are covered by SuperCity trains, for which the busy Prague-Os-trava line is a core route. Czech Railways operates on the same routes as the high-speed Pendolino trains. Other private railway companies also pro-vide passenger transport. The Czech Republic has public international airports in Brno, Karlovy Vary, Ostrava, Pardubice and Prague. Václav Havel Airport in Prague is the most
important Czech airport and is also the biggest airport among the new EU member countries. Its operator is the company Prague Airport. Václav Havel Airport annually handles between eleven and twelve million passengers carried by approx-imately 50 airline companies connecting Prague on direct routes to roughly 130 destinations around the world. Five freight carriers also operate out of Prague’s airport and dozens of other companies provide charter services. Czech Airlines is the coun-try’s flagship carrier.
PopulationAccording to the latest census conducted in 2011, the Czech Republic’s population is 10.5 million.
In terms of the mix of nationalities residing here, the country’s population is relatively homoge-nous, as approximately only 4% of inhabitants are foreigners. Data from the Czech Statistical Office for September 2015 show that the largest number of foreigners living the Czech Republic are Ukrain-ians (23%), followed by Slovaks (22%), Vietnamese (12%) and Russians (8%). Other foreign nationals living in the Czech Republic include Poles (4%), Germans (4%), Bulgarians (2%), Romanians (2%) and Americans (1%), while citizens of all other countries account for 22% of the total. In 2011, there were 2.2 million religious followers in the Czech Republic, with Christians comprising the majority. Roman Catholics were the largest religious group in 2011.
16 | INVESTORS‘ GUIDEBOOK
Czech GDP Growth, 2010-2014 (%)
2010 2012 2014
-4
-2
0
2
4
Source: Czech Statistical Office, 2014
Development of unemployment and forecast
Source: Ministry of Labour and Social Affairs, Ministry of Finance, 2015
Regi
ster
ed u
nem
ploy
ed, ‘0
00
430
460
490
520
550
580
610
40001/12 01/13 01/14 01/15 01/16
Forecast
Karlštejn
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The Czech Republic is currently the fastest growing economy in Europe with the most favourable long-term macroeconomic indicators such as inflation and per-capita GDP. The country has been a regional industrial leader for more than a century and is one of the most successful CEE countries in terms of attracting
foreign direct investments.
ccording to the Czech National Bank, of the Czech Republic has received a total of EUR 89 billion worth of FDI since 1993. The largest amount of FDI flows from Germany. According to a survey carried out
by the Czech-German Chamber of Commerce, 92% of German companies with operations in the Czech Republic are satisfied with the location and would select the country for their investment again. They consider
Czech Republic the most attractive location in the CEE region for many reasons, such as its proximity to Ger-many, EU membership, productivity and motivation of local employees, quality and availability of local suppliers and relatively low labour costs and skilled workforce. The Global Competitiveness Index ranks the Czech Republic thirty-first out of 140 countries worldwide and first in the region.
Strategic locationOne of the factors that make the Czech Republic extremely attractive for foreign investors is its good access to the European market. The coun-try’s convenient location in the middle of Europe makes it possible to reach all European capitals very quickly. Together with EU membership, this makes the country a perfect gateway to the single European market of more than 508 million consumers. Given the fact that the Czech Republic is at the crossroads of European trade, advanced transport infrastructure was naturally developed here. The Czech Republic is ranked among the world’s most advanced countries in terms of transport-network density and several projects involving modernisation and extension of the network are currently underway.
A
18 | INVESTORS‘ GUIDEBOOK
Ready for business
Stable and transparent business environmentA stable political situation, well-developed private sector, effective legal environment and healthy banking system with a strong and independent central bank are the key features of a society in which business can be conducted effectively and safely. The Czech Republic’s open invest-ment climate has been a key element in the country’s transition, which is reflected in its investment rating from international credit-rating agencies, putting it equal with Japan, China, Taiwan in Israel and opening the door to early membership in the OECD. The Czech Republic is a fully fledged parliamentary democracy and one of the most advanced new members of the European Union, which it joined in 2004. Its currency, the koruna, is fully convertible and extremely stable. Under Czech law, foreign and domestic entities are treated identically in all areas, from protection of property rights to invest-ment incentives. The government does not screen any foreign investment projects, with the exception of those in the defence and banking sectors. The tax system offers the lowest rates in Europe (the corporate and personal income-tax rates are 19% and 15%, respectively) and has remained stable over the long term; the last change of the corporate income-tax rate was a reduction in 2010.
Educated and a skilled workforce The Czech Republic combines an outstanding level of general education with strong science and engineer-ing disciplines. The availability of technically educated graduates at a fraction of the cost of western labour makes the country especially advantageous for manufacturing and R&D-oriented companies. In the academic year 2014/2015, nearly 350,000 students were enrolled in the country’s 76 universities. Roughly one-third of Czech university students study economics and finance,
1 Czech Republic
2 Slovakia
3 Poland
4 China
5 Estonia
6 Slovenia
7 Latvia
8 Lithuania
9 Hungary
10 Romania
Attractiveness of the Czech Republic
Top investment destinations according to a survey of German companies with operations in the Czech Republic
Source: DTIHK 2015
Dancing House, Prague
Attainment of at least upper secondary education
(% of the 25-64 age group, as of 2012)
Source: Education at a Glance, OECD Indicators, 2015
10
20
30
40
50
60
70
80
90
0
United
States
UK
Czech
Republic
Poland
Hungary EU21
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92 92 89 90 8682
78 77 75
Global Competitiveness Index Rankings
The Czech Republic is among the most competitive countries in the CEE region
1st place - Switzerland (GCI - 5.76) 31st place - Czech Republic (GCI - 4.69)
140th place - Guinea (GCI - 2.84)Source: World Economic Forum, Global Competitiveness Report 2015-2016
1
2
3
4
5
6
0
Switz
erland
Singap
oreUnite
d State
s
Finlan
d
Czech
Republic
Poland
Hungary
Slove
nia
Slova
kia
German
y
5,76 5,68 5,61 5,53 5,45
4,69 4,49 4,25 4,28 4,22
while more than 90,000 students are enrolled in technical programmes. Because the Czech Republic is a relatively small country, studying foreign languages is a necessity. According to the latest STEM survey, more than 72% of Czechs have knowledge of at least one foreign language (predominantly English or German); this figure rises above 90% for those in management positions. Emphasis has long been placed on secondary education in the Czech Republic, which is reflected in the fact that, the country’s population has the largest share of people who have reached the upper secondary education in the OECD. The Czech Republic has strong technological potential thanks to its pool of well-educated science workers and its skilled workforce, which have given rise to a number of rapidly growing industries such as biotechnology and software development. Czech employees are very loyal, hardworking and precise. The local workforce is consid-ered to be very reliable and stable.
Well-developed infrastructureNot only transport infrastructure, but also the energy distribution and telecommunications networks contrib-ute to the creation of an ideal environment for doing business. Energy supplies are very stable with some
Eva Jungmannová Head of the Strategic Projects
and New Technologies SectionCzechInvest
www. czechinvest.org
Reasons to invest in the Czech Republic
of the lowest prices in the region. Both the electricity and gas markets are fully liberalised without any regulation in which competition is feasible. Only activities of a mo-nopoly nature continue to be regulated. The Czech Re-public’s energy infrastructure is among the most efficient and adequately supplied in the region, as the country has some of the largest gas reserves in the EU. The Czech telecommunications market – one of the most highly developed and most liberalised in Central and Eastern Europe – is distinguished by the growth of demand for data, internet and other communication services. The country’s advanced fibre-optic network is part of the European backbone and is being further developed. No exclusive rights exist in the area of electronic commu-nications and the competition environment is sufficiently robust in the terms of the European Union. The number of users of high-speed internet access is rapidly and constantly growing, and the prices of high-speed internet access are falling. Taking all enterprises into account, the average rate of fixed broadband access in the EU as well as in the Czech Republic was 92% in 2012.In terms of the business-property market, the country is quite advanced with respect to the number of industrial zones and parks as well as office premises.
Quality of LifeThe Czech Republic has the highest quality-of-life index in the region according to the Mercer Quality of Living Survey 2015, which ranks it first among new EU members and 29th globally. The country’s urban centres and beau-tiful countryside offer countless possibilities for leisure activities for both tourists and locals throughout the year. For expats and their families, larger Czech cities, especially Prague, boast a wide range of housing options that are of high quality yet significantly cheaper than in the majority of European cities. Municipal public transport systems are well managed and efficient, while trains provide a popular and easy way to travel around the country.
The Czech Republic is an expat-friendly country with plen-ty of organisations helping foreigners with everyday issues and organising networking events. Furthermore, in larger cities it is easy to find international schools for children at all grade levels. According to the annual Global Peace Index published by the Institute for Economics and Peace, the Czech Republic is among the ten safest countries in the world. The country is close to Western Europe not only ge-ographically, but also in terms of social and cultural values. The Czech Republic’s sustainable business environment and its ability to harness its potential in order to respond to the needs of the global economy have made it an ide-al location for investment.
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Prague: A top location for European headquarters
Every year Prague is visited by more than four million foreign tourists wanting to see one of the most beautiful
cities in the world. What is less obvious to them and others is Prague’s complete readiness to host the CEE headquarters
of multinational companies.
he Czech capital is a unique location fusing favourable costs and a sense of culture and tradition with a well-developed private sector, highly skilled workforce and innovation potential. Mixed
with its enticing atmosphere and great conditions for expats, this attractive city has become a popular location for the regional headquarters of major multinationals such as Tesco, Ness Technologies and Bell Helicopters.
At the centre of the world’s biggest market Prague is very easily accessible from many other places in the world and is within a two-hour flight of most European cities. There are many daily direct flights connecting Prague to the main European business centres, such as London, Amsterdam and Frankfurt, as well as global centres including New York, Toronto, Tel Aviv, Dubai, Seoul and Beijing. The fact that European Union is the largest market in the world makes Prague undoubtedly the top choice for those investors who want to conveniently access the Europe-an market or further develop their business in Europe.
Strong innovation potential, R&D and a skilled workforceThe Czech Republic has strong potential in the area of R&D. The main areas of technological speciali-sation in the Czech Republic include, but are not limited to, construction and construction technolo-
gies, materials engineering, transport technologies, biotechnology, environmental technologies, energy and security. Prague is among the EU regions with the largest share of researchers in total employment (over 1.8 %). “The advanced local R&D infrastructure has a strong, positive impact on Prague’s economic development, as the city is home to nine public universities and the Academy of Sciences, which contribute to the gen-eration of new ideas and innovations of products and services. Many R&D-focused start-ups are also based here and are bringing new energy to the local econo-my”, says Jan Dobrovský, head of the Strategy and Busi-ness Support Unit of the City of Prague. Martin Ježek, Business Development Director at Grafton Recruitment adds: “Prague excels in the CEE region especially in the field of human resources. Thanks to the concen-tration of tertiary education across disciplines, the city is able to provide the number of specialists required by the private sector. International shared-services centres established in Prague since the beginning of the last decade currently employ thousands of peo-ple who can serve as a source of qualified specialists and managers with above-average language skills for newly established headquarters in Prague.”
Safe, cultural and expats friendly cityPrague offers expatriates truly safe and culturally rich environment and very good municipal infrastructure. The Czech capital also offers great conditions for families, an effective public transport system and
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20 | INVESTORS‘ GUIDEBOOK
Prague Castle
Note: Permanent and other types of stay.Source: Directorate of Alien Police Service, Czech Statistical Office, September 2015
Foreigners living in Prague
Foreigners
Czechs
13.5%
86.5%
The most remarkable thing about Prague is that historical buildings and modern buildings typified by the ‘Dancing House’ create a unique
harmony together.
From Prague you can drive to the Alps and the Mediterranean and any European city
of your choice.
Some of the architecture you find here is simply breathtaking and it’s a privilege to be living
in Prague.
The AFI works with the City of Prague and other stakeholders to open Prague to new types of investments
and to attract more corporate headquarters to our vibrant and pleasant capital.
Omar SattarManaging Director
Colliers International
Kamil BlažekChairman of the AFI
Eva BendlováExecutive Director
Association for Foreign [email protected]
www.afi.cz
high-quality services in the areas of shopping, dining and entertainment. More than 10% of Prague’s inhabit-ants are expatriates. Prague is a truly cosmopolitan city with one notable advantage: it is three times cheaper to live here than in London and two times cheaper than in New York (data according to numbeo.com).Prague is generally and rightly perceived as a city with a rich cultural heritage and well-preserved historical centre. But Prague has also a captivating and lively modern cultural environment offering an abundance of concerts, coffee-houses, libraries, theatres, cinemas and museums, as well as film, music and arts festivals. Beyond entertainment options, Prague has outstand-ing municipal infrastructure including green spaces and facilities for sports and outdoor recreation. Another important factor adding to Prague’s appeal is its high level of safety. According to the Global Peace Index, the Czech Republic is the tenth safest country in the world, behind only countries such as Canada, Switzerland, Australia and Japan. It is the only CEE country in the top ten and ranks higher than, for example, Sweden, Germany and Singapore.Family life of expatriates is very easy in Prague thanks to the presence of forty international preschools and elementary and secondary schools. With its highly efficient public transport system it is possible to reach most places in the city within an hour. The high-qual-ity healthcare provided here also deserves mention, as 78% of the city’s residents claim to be satisfied with the level of care they receive (data according to the Prague Institute of Planning and Development). The Czech capital also excels in terms of the availabil-ity of premium shopping and services. Numerous lux-ury brands are present here and residents can enjoy a number of top-level restaurants and bars, including Michelin-starred establishments.
Open business environmentPrague has an open business environment and a well-developed private sector. “The major eco-nomic activity in Prague is based on its very strong tertiary and quaternary sectors. Such a structure creates an appropriate environment for HQs, thanks to the direct accessibility of all necessary services and outsourcing for companies of all sizes,” says Jan Dobrovský, head of the Strategy and Business Support Unit of the City of Prague. The Czech Republic’s legal
environment forms a good foundation for effective company management, flexible employment and nimble property management. The tax environment in the Czech Republic is stable and offers very good conditions not only for corporations but for expatriates, as well. “The corporate income-tax rate was set at 19% in 2008 and remains at that low level today. The per-sonal income-tax rate is also very favourable, especially for persons with high incomes and for a significant part of the expatriate population. The personal income-tax rate is only 15%, though an additional 7% is being tem-porarily imposed on high-income earners. Expatriates who are sent to work in the Czech Republic under the regime allowing them to stay within the social-security system of their home country do not have to pay ad-ditional tax in the Czech Republic, whereas expatriates from some countries pay only for health insurance,” says Jan Linhart, a partner at KPMG Czech Republic.
Cost effectivenessAlthough Prague has a well-developed private sector, prices are still significantly lower than in Western Europe. Investors can thus use most necessary resources for very reasonable prices. According to fDi Intelligence, Prague ranks fifth among major Europe-an cities and first among Central European capitals in terms of cost effectiveness. With respect to office rents, the price level is the same or lower than the average rate in nearby locations in Central Europe. Compared to other major cities in Europe such as London, Munich, Vienna, Amsterdam and Paris, the rental rate in Prague is 20% to 80% less. The Czech Republic is also very affordable in terms of labour costs, as the average wage here is half the EU average. However, the quality and availability of workers is satisfactory. “Prague has numerous advan-tages in terms of the availability of human resources, especially in the size and diversity of the local labour market. Prague attracts skilled jobseekers from both other regions of the Czech Republic as well as from abroad. In the past 10-15 years, Prague has become a truly cosmopolitan city, not only because it is a popu-lar tourist destination, but also because it has become the home of many expatriates, especially from other European countries. They have found here an enticing ratio of income, quality of life and cost of living,” says Martin Ježek.
Prague headquarters
Mikio TokunagaGeneral Manager, Business Promotion
Takenaka Europe
Katie SchoultzGroup General Counsel
P3 Logistic Parks
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Investors coming to the Czech Republic naturally have questions about the country’s legal system. Here are the answers.
1. What do I need to know about the Czech legal
system? The Czech Republic is an investor-friendly western democracy with a stable and modern legal envi-ronment. Czech laws are compatible with EU laws. The Czech Republic is a member of the EU, OECD, WTO, IMF, World Bank, EBRD, UN and NATO.
2. Is the Czech legal system similar to developed
European legal systems? Yes. The Czech legal system is based on the civil law system, in particular the Germanic branch of civil law. The legal system is based on written sources of law, namely acts (adopted by Parliament), delegated legislation (adopted by the government or minis-tries), ratified international treaties and EU law. Most of the areas of the legal system are systematically codified (e.g. in the Civil Code, Criminal Code and Administrative Code). The Czech Republic has a completely new and modern system of private law. The new Civil Code and the new Business Corporations Act became effective on 1 January 2014. These new laws draw their inspiration from the pre-war legal tradition and from the Austrian, French, German, Italian, Quebec and Swiss civil codes.
22 | INVESTORS‘ GUIDEBOOK
The top ten facts every investor needs
to know about the Czech legal system
3. Are investments in the Czech Republic
protected by any investment protection treaties?
Yes. The Czech Republic has signed 91 bilateral investment treaties with, for example, Austria, Germany, China, India, the Netherlands, Russia, the United Kingdom and the United States.The Czech Republic is also a member of the Multilat-eral Investment Guarantee Agency , which is a mem-ber of the World Bank Group and helps to protect foreign investments.
4. Are intellectual property rights protected
in the Czech Republic? Yes. The Czech Republic is a signatory to the Bern, Paris and Universal Copyright Conventions. The Czech legal system protects all forms of property, including patents, copyrights and trademarks.
See the list of bilateral
investment treaties of
the Czech Republic
5. Does the court system work well and are investors’
rights enforceable in the courts?
Yes. The Czech courts work well and investors’ rights are enforceable in the courts. The Czech Republic ranked 37th out of 189 countries in the World Bank Ease of Doing Business 2015 – Enforcement of Contracts Report.
6. Are court fees reasonable?
Yes. The costs connected with litigation usually include (i) direct expenses incurred by parties in connection with court proceedings, (ii) court fees, (iii) the costs of obtaining evidence, (iv) experts’ fees and the costs of translation and interpretation and (v) legal fees. The court fee for a petition claiming a non-monetary ful-filment is CZK 2,000 (approx. EUR 75). Where a monetary claim is brought to court, the court fee comprises 5% of the claim. The maximum court fee is CZK 4.1 million (EUR 150,000) for claims amounting to CZK 250 million (approx. EUR 9.1 million) and higher.The general rule is that each party will initially bear its own direct expenses connected to litigation. The court will then rule on the reimbursement of the amounts borne by the parties, depending on who wins the claim. In practice, the party that is successful in litigation is generally awarded all costs reasonably incurred by it in order to successfully bring or defend (as the case may be) the relevant action. 7. Is alternative dispute resolution available
in the Czech Republic?
Yes. The most frequent dispute resolution mechanism for parties seeking to avoid litigation in court is arbitration. In the Czech Republic, the parties involved in a dispute usually bring their case to the Czech Republic’s perma-nent court of arbitration – the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic (the Court of Arbitration, en.soud.cz). The Court of Arbitration is based in Prague. It has its own database of arbitrators (currently
Kamil Blažek Partner, Kinstellar
Chairman, Association for Foreign [email protected]
www.kinstellar.cz
Legal framework
numbering more than 300). Most of the arbitrators are lawyers who are practising as attorneys and scholars.Proceedings are usually conducted under the Court of Arbitration’s own rules, unless the parties to a dispute have agreed otherwise.The administrative charges and fees of the arbitrators depend on the value of the dispute. In comparison with other arbitration centres, the Court of Arbitration is one of the least expensive.
8. Can I enforce foreign judgments issued by a court
based in an EU member state in the Czech Republic?
Yes. Foreign judgements issued by EU courts are enforce-able subject to the Brussels Regulation and the Hague Convention on Choice of Court Agreements. Can I enforce foreign arbitral awards in the Czech Republic?Yes. Foreign arbitral awards are enforceable subject to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards signed in New York on 10 June 1958.
9. Are the common corporate structures available
in the Czech Republic?
Yes. Business in the Czech Republic is conducted by a vari-ety of different entities which are also common in the EU. These include entrepreneurs conducting business on their own (sole traders) and the following types of companies: limited liability companies, joint-stock companies, general commercial partnerships and limited partnerships. Foreign entities can register to conduct business in the Czech Republic via a branch or through participation in a Czech entity under the same conditions as Czech entities. In addition, the following European forms of legal entities are allowed to operate in the Czech Republic: (i) European Economic Interest Grouping, (ii) European Company (Societas Europea) and (iii) Euro-pean Cooperative Society.
10. Is the investment risk small in the Czech
Republic? Yes. The Czech Republic’s sovereign debt has been given investment grade ratings by the rating agencies Moody’s (A1), Standard & Poor’s (AA-) and Fitch (A+). The Czech Republic is one of the few countries that issues negative yield bonds, which attests to the its excellent creditworthiness.
Contractual freedom – yes. Choice of law – yes. Choice of court jurisdiction – yes. Attorney/client privilege – yes. Contractual limitation of liability – yes. Proprietary (in rem) security rights (e.g. pledge, lien, security transfer) – yes. Security agent – yes. Parallel debt structure – yes (if governed by foreign law). Prohibition of financial assistance/whitewash procedure – yes. Contractual subordination – yes. Reorganisation – yes. Trusts – yes. Marketability of contracts, receivables and claims – yes. Common corporate vehicles and structures – yes. Single-tier board in joint-stock companies – yes. Concern/controlling relationships – yes. Different types of shares with different rights – yes. Very small mandatory registered capital of limited liability companies – yes (EUR 0.03 per member – e.g. the minimum amount of registered capital required for a limited liability company with two members is EUR 0.06).
Transformations – yes. Criminal liability of legal entities – yes.
Does the Czech legal system recognize core legal concepts common in the developed legal systems? Yes.
See the World Bank
Ease of Doing
Business 2015 Report
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About the AFI
The Association for Foreign Investment (AFI) is a non-governmental, non-prof-it organisation representing a group of leading global and regional firms ac-tively supporting investors. The AFI focus-es on foreign direct investment, export of investments and services, commer-cialisation of R&D, support for innova-tive start-up projects and development of the Czech business environment.
Did you know?
Association for Foreign Investment
1996
Tomáš Ctibor Jan Ámos Havelka Martin Slabý Jan Bobek Kamil Blažek
2000
Cooperation of the
Year awards Awards for projects conducted jointly by the research and applica-tion spheres leading to innova-tions as well as successful transfers of technologies and knowledge.
Investment seminars In cooperation with CzechInvest and other partners, the AFI regularly organises seminars for investors abroad. In 2015 these seminars were held in, for example, Beijing, Shenyang, Shanghai, Seoul, Paris, Düsseldorf, Madrid, Bilbao, Torino, Washington and New York.
Investor of the Year The Association for Foreign Investment and CzechInvest annually present awards for the most significant investment and business property projects of the previous year.
2005 2008 2010Chairmen of AFI
From which
countries do
investors turn
to the AFI?
9% Germany
8% Japan
5% China
6% India
4% France
8% South Korea
7% UK
23% USA
30% Others
Note: data for the period 8/2014 - 7/2015.
Where did the AFI hold events in 2015?
Notable
events
when the AFI was established
members
enquiries from investors (8/2014 - 7/2015)
events in the Czech Republic and abroad in 2015
1996
38
208
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+420 224 911 750
www.afi.cz
@AFI_czech
How to reach us
AFI was one of the instrumental organi-zations for our company when deciding
about the final location of our investment project. AFI´s members delivered profes-sional service from key advisory sectors and helped us to understand the local
tax/legal/HR/construction environment, which was crucial for making the right
decision. This service is definitely worth recommending to any potential investor
coming to the Czech Republic.
Petr Pospíšil General Manager
External Affairs
Nexen Tire
Five main things to do first
The current trend of avoiding overly onerous legal requirements related to starting a business has been
strengthened by legislation that come into force on 1 January 2014 with the purpose of, among other things,
facilitating the creation of a conducive environment for foreign investors who are considering entering the Czech market.
o incorporate or not?The first question which has to be answered after deciding to do business in the Czech Republic is whether the entity wishes to create a formal (registered) establishment or
not. For non-EU entities, this is not a matter of choice. Every non-EU entity that wants to start doing business in the country must either register a branch or found a company. EU entities have two other options: to pro-vide so-called “temporary services” in the meaning of the Directive on the Free Movement of Services, or to provide services or do other business permanent-ly without any establishment. The latter is allowed by the new law and enables EU entities conducting business in the Czech Republic to proceed in a rather informal way. However, the decision not to incorporate could in some aspects have a less positive outcome and in some areas increases the risks of uncertainty, especial-ly in relation to official authorities. Accordingly, registra-tion of an entity is still the optimal course of action.
Choosing the most suitable vehicleThe relevant laws offer a number of different corporate vehicles for doing business. These can be divided into three basic groups: 1) a branch, 2) unlimited liability companies, namely unlimited liability partner-ships and limited liability partnerships, and 3) limited liability companies, namely limited liability companies (“LLC”) and joint-stock companies (“JSC”). Unlimited li-ability companies do not enjoy much popularity, since all assets of at least one partner are exposed to risk
Branch
A branch is a good choice for an entrepreneur com-ing to the Czech market for the first time. This vehicle
T
26 | INVESTORS‘ GUIDEBOOK
Establish your business
does not have a distinct legal personality and all its assets and debts belong to its founder. No regis-tered capital is required. The founder has to appoint a head of the branch, who is the legal representative of the branch and thus acts on behalf of the branch in all matters. The head of the branch can be a foreign national. The branch can have only one founder, so this vehicle is not suited to investors who wish to run a business together with other parties in the form of a joint venture.
Limited liability companies
Limited liability companies have their own legal personality. They act via their statutory body, spe-cifically the director, who is authorised to represent the company in all matters. The director and members of all other corporate bodies can be foreign nationals.Limited liability companies can be founded either by a sole founder or by multiple co-founders. Founders, as well as shareholders, can be natural persons or legal entities, Czechs or foreign nationals. The new Czech law provides a wide range of possible arrangements among shareholders who choose to run a company together.
LLC
An LLC structure is also very popular for starting a business. The minimum registered capital is CZK 1 (approx. EUR 0.04), though it is recommended that a contribution of at least CZK 10,000 (approx. EUR 400) be made to cover, at the very least, the basic costs connected with establishment of the business without running a risk of insolvency. Once the reg-istered capital is fully paid up, the shareholders are not liable for any debts of the LLC. An LLC must have at least one director.
JSC
For a JSC, the minimum registered capital is CZK 2,000,000 (approx. EUR 80,000). Czech law offers two possible internal corporate structures: dualistic, with at least one director and at least one member of the supervisory board, and monistic, with a sole director and an administrative board; in practice, the sole director and the only member of the admin-istrative board can be same person. Experience shows that branches and LLCs are the most preferred vehicles for starting a business in the country. Once their busi-ness grows, some entrepreneurs choose to transform their LLC or branch into a JSC, which is better suited to larger businesses.
The process of corporate vehicle establishmentBoth branches and the other forms of compa-nies commence their existence by being entered into the Czech Commercial Register. The process of establishment differs depending on the vehicle chosen. The simplest is establishment of a branch establishment, while establishment of a JSC is slightly more complex.For the most part, the whole process can be completed on the basis of a power of attorney without the neces-sity of the personal presence of the founder. The signa-tures on such a power of attorney must be notarized and apostilled or they must be superlegalised.Before the application is submitted to the registra-tion court, the entity must apply for a trade license. Obtaining a basic trade license usually takes five business days and costs CZK 1,000 (approx. EUR 40).The entity has to have its registered office located in the Czech Republic. Title to the use of premises must be proven via an affidavit of the owner of the premis-es. Virtual offices are available in the country.
Pavel Kvíčala Partner, Havel, Holásek & Partners
Ondřej FloriánSenior Associate, Havel, Holásek & Partners
www.havelholasek.cz
Starting a business
Good things to know
Establishment of a branch does not require any notarial deed. As a result, a branch is cheaper to establish than a company. In the case of a company, the notarial fees vary according to the amount of registered capital.
Notaries public can enter a company directly into the Commercial Register.
This can help to speed up the process of establishment, as the registration courts are sometimes congested.
Ready-made companies are available. An LLC or JSC can be bought as a ready-made company, without any history or previous economic activity. It can then be rearranged according to the requirements of the buyer.
Societas Europea – a universal European form of company. A JSC can also be established as a Societas Europea, which is a form of company available in all European Union member countries. However, the minimum registered capi-tal of such an entity is EUR 120,000. The Czech Republic is a leading EU country in the number of incorporated Societas Europea.
Extracts from the register of criminal records or certificates verifying the lack
of criminal records of directors and branch founders must be submitted. The Trade License Office, registration court or a notary public must verify the suitability of persons who are to be registered as a director and/or founder of a branch (this rule does not apply for company founders and shareholders). Such persons must prove that they have not committed any crime in connection with activities related to establishing an entity. Obtaining such documents can be cumbersome, since some countries do not issue documents of this kind. However, an affidavit making certain assertions and signed by the person in question may be used as an alternative in certain situations.
Variety of share rights. The new law allows creation of shares with specific rights regarding, for example, profit distribution, voting rights or limitation of transferability. In the case of an LLC, duties can also be connected to the ownership of shares.
A branch does not require a bank account in the Czech Republic. The law does not stipulate any general requirement to open an account with a Czech bank. Because a branch has no registered capital, it can be operated without opening a Czech bank account.
A JSC must have a website. Czech law requires JSCs to publish mandatory data in the Czech language via their websites.
Both branches and companies are required to keep accounting records. However, only companies have to annually convene their general meeting to approve the annual accounts and decide on the disposition of profits and losses.
Once all the necessary documents are collected, it takes usually five business days to enter the new entity into the Commercial Register.
Branch
A branch is established by adoption of a found-ing deed, i.e. a document signed by the founder containing all of the branch’s basic information: its name, identification of the founder, identification of the head of the branch and the scope of business. The founding deed must be executed in writing. The fees for registering a branch amount to CZK 6,000 (approx. EUR 240).
LLC and JSC
Establishing an LLC or JSC is slightly different. Firstly, the articles of association must be executed in the form of a notarial deed. The articles of association contain comprehensive information about the company and its representatives, its purpose and scope of business, relationships among the shareholders, types of shares, and the duties and liabilities of the directors.In the case of an LLC, the articles of association also contain information about the shareholders. In the case of a JSC, the identity of the shareholders is hidden, except where the JSC has only one sole shareholder.The registration fees are CZK 6,000 (approx. EUR 240) for LLC registration and CZK 12,000 (approx. EUR 480) for JSC registration.
Post-registration stepsAfter establishment, the entity must register itself with the Tax Office and, if it has employees, with the Social Security Office and a health-insurance company.
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A wide range of enterprises compete on our market today and the basic factors for success are the same for all: labour,
capital and real estate. The correct combination of these three foundations comprises the key know-how of each firm
looking to succeed in our ever-changing and globalised world.
hereas labour and capital move relatively free-ly and adjust quickly to challenges, real estate is an anchor for capital in certain locations, where
labour is then recruited. Real estate is a strategic and valuable asset which reflects the nature,
philosophy and values of a company, though at the same time it can constrain busi-
ness growth, which in most cases is not the preference of company shareholders.
28 | INVESTORS‘ GUIDEBOOK
Acquire or lease commercial property
The AFI is ready to support you
A company’s real estate portfolio should always balance with its long-term strategic plans and ideally
allow the company flexibility to adjust their leasehold or freehold strategy based on everyday business requirements. When real estate adds value to a company, then the business
can grow more quickly and growth plans are enhanced. Having an appropriate mix of leasehold and freehold properties in place creates a competitive advantage for companies which view their
property portfolios as a key factor in their growth.
With its wide range of property solutions, the Czech Repub-lic is a great place for doing business. It is only up to you to choose the location that is most in line with your real
estate strategy and we, the members of the Asso-ciation for Foreign Investment (AFI), are ready
to help your business grow!
www.afi.cz
WHaving a well thought-out and appropriate real estate strategy in place adds value and supports company growth. Prior to opening a new plant, facility or office, it is advisable for a company to revisit their real estate strategy and define the correct search criteria. Young and dynamic firms with high growth potential often prefer to invest capital in new technologies and look for flexible leaseholds (when company rents a property, as opposed to owning it). On the other hand, well-established compa-nies with stable but lower growth-rates search
for freehold properties (when the prop-erty is owned rather than leased) as an alternative to other investment op-portunities with value-growth potential.
Location, location, location… and timing Most real estate experts will tell you that the three most important factors when considering real estate are location, location, location. However these days, the quick companies are the ones that outperform the slow ones, so a fourth factor should be considered: timing.
Location and timing are the most im-portant factors to be researched before investing, as they are fundamental
to a company’s success in the region in which they choose to locate their business. Sometimes, leasehold is the only way to acquire a certain preferred location or a property within a certain timeframe; in this case, the company doesn’t need to consider freehold. The same is true if freehold is the only way to achieve the com-pany’s stated objectives; leasehold need not be considered.The Czech economy is continuing its rap-id recovery following the global economic downturn, and commercial property values and acquisition prices have risen since 2011. In com-bination with historically low interest rates, de-velopment activity across the country is booming and is supported, in part, by state investments in infrastructure upgrades. This positive trend is somewhat offset by stricter and longer permit-ting procedures and higher construction costs, resulting in a shortage of sites in attractive locations that are permitted and ready for devel-opment. At the same time, rental rates in these locations are stable and on some markets and market segments they have even decreased, making the leasehold scenario affordable.
Should you lease? Leasing an existing property is the easiest and quickest solution to satisfy most real estate needs. Companies that wish to focus on their core business in a specific location often choose leasehold as the most appropriate strategy, as the onus of building construction and property management fall on the shoulders of a real estate partner. Sometimes, leasing is actually the only way for a company to enter a specific location where land and properties for purchase have become scarce. This is a major limitation for retailers that compete for the most attractive locations in city centres or for manufactur-ers that require a highly educated workforce with a specific skill set available only in urban areas with good public transport. There is a wide range of available information and market data about the Czech Republic, covering topics such as rental rates, service charges and
where business is conducted, but also as an in-vestment with assurance of value appreciation. An excessively specific facility or inferior property management often causes value deterioration over time and results in distress when the prop-erty is eventually put up for sale. Fortunately, when an investor is considering a freehold interest and that investor doesn’t have his own project management team, there are plenty of developers and construction compa-nies in the Czech Republic that can step in and provide built-to-own solutions by providing turn-key project management services in locations where land is still available and permitted.
Focusing on your core businessOperational costs and property management should also be considered when looking into freehold versus leasehold. This involves not just repairs and regular maintenance, but also investments to improve and upgrade the prop-erty and its environs, including landscaping, infrastructure and building management systems to ensure long-term performance and return on the company’s investment. A freeholder has two options: firstly, they can handle essential maintenance and upgrades themselves (an activity that is normally outside of their core business) or hire an external company (with limited knowledge of the build-ing going into the contract) to do so. Many leasehold buildings, particularly those that developers have built to lease, will be offered with a property management service built in to the lease agreement. A developer that
builds to lease has a vested interest in looking after the property in order to ensure maximum returns upon the tenant’s eventual exit.
The real estate balanceCosts associated with leasing operational real estate are considered off-balance according to both international and Czech accounting standards, unlike freehold interests, which are reported on-balance. Leases have an immediate positive impact on the loan-to-value ratio and thus allow the company to invest more resources in technology and production equipment. Automotive suppliers such as Johnson Controls, e-commerce operators such as All You Need, and IT and technology firms such as Solar Winds use operating leases of properties as a way of leav-ing their working capital available to support their further growth. A freehold interest can appreciate as real estate values rise and thus freehold may have a positive impact on the loan-to-value ratio in the longer term. Another great advantage of a freehold property interest is the ability to use it as collat-eral in financial transactions. Frequently, invest-ment incentives, such as tax breaks, are available in selected regions throughout the Czech Republic and can be applied for short-term wins. Real estate acquisition costs are eligible to be includ-ed in the investment threshold for incentives. In the long run, these incentives can be seen as the “icing on the cake”, though they should not have a significant impact on the initial deci-sion-making process with respect to location strat-egy and whether to go freehold or leasehold.
utility costs. There are standardised lease condi-tions and solutions for retailers, wholesalers, pro-ducers, logistics companies and service providers in all major Czech cities and main commercial/industrial areas. Possible leasehold solutions are well documented and available.The A-class office sector is mainly concentrated in Prague, Brno and Ostrava. Office-space users can benefit from higher vacancy rates in these cities when landlords provide flexible lease terms and attractive incentives. Companies such as Lufthansa, DHL and GE Money, among others, selected the Czech Republic as their ideal location for their shared-services centres and leasing of office space as their ideal real estate solution. Czech industrial developers, such as CTP, have created built-to-suit concepts which can satisfy any specific need, be it heavy duty cranes, paint boxes, controlled-environment laboratories, testing facilities or mezzanines. Such production facilities have been built for companies such as Honeywell, Brembo, ABB and FEI and are often located within the same park or location together with warehouses providing flexible space to lease when a buffer is needed.
Should you buy?Acquiring a freehold interest in a commercial property is more time consuming than lease-hold, particularly in the case of a land purchase when due diligence, legal negotiations, permit-ting procedures and site preparation can take several months or years. The new Civil Code, together with the detailed cadastral information systems, provides an extensive overview of the property available for purchase in the Czech Republic. However, market data on purchase prices of existing build-ings is limited, which adds a level of complexity when considering purchasing property.Czech commercial property values are rising and commercial properties have proven to be an ex-cellent investment opportunity among the asset classes. That said, it is clear that a freehold in-vestor should view property not only as an asset
Jaroslav Kaizr Business Director
www.ctp.eu
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Find out more about the labour market
Excellent human resources, a central location and a stable political and economic environment are the main reasons
why foreign investors frequently choose the Czech Republic as the country in which to implement their investments. The volume of investments requiring a larger proportion
of skilled labour is increasing especially with regard to the high-quality education of the Czech population.
hether this concerns manu-facturing enterprises, research institutes or shared servic-es-centres, the Czech Republic is able to offer a high-quality business environment in terms
of good location and transport infrastructure, sufficient high-quality workforce and suitable real estate market conditions, as well as the number of supportive govern-ment programmes.
Companies are flourishing in the heart of EuropeThe Czech Republic has an indisputable advantage thanks to its central location. Only Poland can compete with re-gard to location, but it is more frequently the destination of investments requiring a large number of employees. Other Central European countries, such as Slovakia and Hungary, are not serious competition for the Czech Republic, because their transport services (road, rail or air) are not as good. The good news for investors consider-ing locating their business activities in Central Europe is the fact that the countries here demonstrate long-term political and legislative stability, which is why this part of the world is slowly becoming a synonym for nearshoring.
Human resources After investors evaluate the location, real estate issues, legislative environment, tax conditions and potential government support for incoming investments, they
begin to discuss human resources, which are the alpha and omega of every successful business project. The costs of people’s work are not the only issue to be addressed; access to workers and, in the case of investments based on intellectual activities, also the educational level, language skills and so-called soft-skills of potential employees are also important. The Czech Republic scores very highly in this regard. It has been considered a traditional industrial country with high-quality industrial schools and universities since the time of the First Republic.
Languages skills of Czech workers The summary of requirements which employers in the Czech Republic place on individual positions in-dicates that good English language skills are considered to be as natural a necessity as professional knowledge. It also indicates that knowledge of another foreign language is frequently a key advantage in more and more fields and can be a decisive factor in the hiring process. This trend is most evident in technical fields such as mechanical engineering, construction, the au-tomotive sector and informatics, while language skills are also becoming increasingly important in finance, banking and administration. Besides English, there is increasing demand for German, and an increasing number of positions are becoming available for speak-ers of Russian, French and Italian. The business-services segment is somewhat special in this regard, as it fre-
WForeign languages used in Business Services Sector in the Czech Republic
45 %
25 %
35 %
15 %
5 %
40 %
20 %
30 %
10 %
0 %
English
Swedish
Danish
French
Hungarian
Span
ish
German
Dutch
Slova
k
Polish
Russian
Finnish
and Ita
lian
Source: ABSL
30 | INVESTORS‘ GUIDEBOOK
What benefits does your employer provide you with?
Meal vouchers
Flexible working hours
Team building activities
The company does not provide any benefits
Contribution to sports activities
Mobile phone also for private pusposes
Possibility of home office
Contribution to life insurance
Flexi Pass
Childbirth/wedding/anniversary contribution
Contribution to health care
Extra holidays
13th salary
Car also for private purposes
Education allowance
Other (specify)
Contribution to pension insurance
Sick day
Cafeteria
Travel allowance
Shopping vouchers
Fully paid sick leave exceeding the statutory conditions Source: ABSLNote: Respondents could select multiple options.
How often, in your opinion, should a person change their job / position?
3.2 %
22.8 %
33.0 %
0.9 %
40.2 %
Once every 6 and more years
Once every 5-6 years
Once every 3-4 years
Once every 1-2 years
Less than once a year
Source: ABSL
quently requires less common languages. People who speak these languages are able to negotiate a starting salary up to 15% higher than the norm.According to information from the Grafton Recruitment Agency, Czechs have worked hard on their language skills in recent years. Of the hundreds of thousands of candi-dates whose language skills were tested last year, approxi-mately one-third of the participating German and English speakers were at an intermediate or advanced level.
Czechs are adaptable and compatibleIn addition to language and professional skills, other as-pects considered important by employers are openness, communication skills, charisma and flexibility. Social intelligence, i.e. the ability to talk to people, commu-nicate clearly and listen to others, is also important. It is apparent that Czechs possess these skills and traits in abundance, as they are very adaptable and compatible with a number of cultures. As such, they are able to effortlessly integrate themselves into European, Korean, Japanese and American companies.
Martin JežekBusiness Development Director
Grafton [email protected]
www.grafton.cz
Labour market
Preferences of Czech employeesThe mood has been improving in the Czech Republic since 2014. This is indicated by the Grafton Recruitment Agency’s latest survey, which was conducted among 1,830 respondents in August 2015. The main reason for this is the fact that the pay of nearly 50% of employees has increased during the past 12 months. Sixty-eight percent of respond-ents are satisfied in their jobs, 27% are not looking for another job and 41% are passively monitoring the situa-tion on the job market in case a better offer appears. The number of satisfied employees has increased by 11% year-on-year and only every fifth employee is unsatisfied in their job according to the survey. Employees are most motivat-ed by financial compensation (71%), whereas the content of their job is the second most important factor (45%), followed by the opportunity to be involved in interesting projects (33%), their team of immediate colleagues (30%), the opportunity for career growth (24%), recognition from their superior (22%) and the opportunity to continue their education (21%). Conversely, the opportunity to travel and recognition from colleagues motivate the fewest people.
The most frequent reasons for leaving a job are insufficient financial compensation (67%), another interesting opportunity (47%) and unsatisfactory interpersonal relationships (45%). Respondents also considered insufficient opportunity for professional growth (33%), the incompetence of a superior (24%) and the monotony of work (18%) to be important reasons for leaving a job. Most survey respondents expressed the belief that it is appropriate to change jobs every six or more years.
The survey also examined benefits in detail, both those offered by employers and those preferred by employees. While employers most frequently provide meal vouchers, holiday leave in excess of that required by the law, mobile telephones also for private use, contributions towards additional pension insurance and the option of flexible working hours, employees consider the top five benefits to be an additional month’s salary, holiday leave in excess of that required by the law, a car also for private use, meal vouchers and home office.
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Over the past few years, the Czech Republic has significantly increased its focus on new investments in the form of both
greenfield projects and expansions of existing investments. The country currently has the most positive attitude
to incoming investors in its history.
nvestors can obtain the following financial benefits: investment incentives – tax holiday + cash grants subsidies from EU funds – cash grants R&D tax credit
education tax credit Under certain conditions, investors may be eligible for further subsidies or other forms of investment support at regional and sector levels. All benefits are provided based on the law and transparent rules which are in compliance with EU regulations. The EU rules impose certain limitations on the possibility to grant state aid and determine the ceiling of state aid for particular regions, sector and types of investment, even though state aid is provided directly by the particular member country from its national funds without any requirement for compensation from the EU budget. In most cases, state aid comprises the max-imum possible subsidies allowed by the EU. In accordance with a change of the EU rules implemented in 2014, some measures have been redesigned. The EU rules generally became stricter, which to certain extent limits the possibility of individual member countries to grant incen-tives. The Czech government responded to new rules by drafting an amendment to the Czech Investment Incentives Act which came into force in May 2015. The purpose of this amendment
Iis to increase the attractiveness of investment incentives for investors and to reduce the impact of the new EU rules. AFI members actively partic-ipated in the legislative process. The information below is based on the new legislation.
Investment incentives
The most significant incentives are: corporate income tax-relief for up to ten years (tax holiday) – available to all qualifying investors
employment subsidies in the form of cash grants for job creation and training (available only in re-gions with high unemployment rates)
cash grants for strategic projects (see below)
Main conditionsThe main conditions for granting investment incentives differ based on the supported activity.
Manufacturing industry Establishment of a new manufacturing plant or expansion of an existing plant, including its modernisation and diversification of the product portfolio.
Technology centres Establishment of a new technology centre or expansion of an existing technology centre.
32 | INVESTORS‘ GUIDEBOOK
Get more information about state aid
Business support services centresThe investor must establish a new business support services centre or expand an existing business support services centre: shared-services centre software-development centre high-tech repair centre customer-support centre data centre
The following conditions apply for all types of investments: Acquisition of assets for the project, including construction works, cannot start before the applica-tion for incentives is submitted.
The investment must be maintained (in the mini-mum amount and structure) for at least five years following its completion.
Strategic investments (large projects)Large projects can qualify for strategic investment status. The main benefit of this status is the possibility to obtain larger portion of incentives in cash instead of as tax relief.The amount of a cash grant can reach up to 10% of eligible costs and can be further increased to 12.5% in the case of a project combining a manu-facturing site and technology centre.In the case of a strategic investment in the manu-facturing industry, the minimum amount invested in fixed assets is CZK 500 million (approx. EUR 18.5 million), of which CZK 250 million (approx. EUR 9.26 million) must be invested in new machinery, and at least 500 jobs must be created.In the case of a strategic investment in the area of technology centres, the minimum amount invest-ed in fixed assets is CZK 200 million (approx. EUR 7.4 million), of which CZK 100 million (approx. EUR 3.7 million) must be invested in new machinery, and at least 100 jobs must be created.
in special economic zones. The cash grant for job creation amounts to CZK 100,000 – 300,000 per new job (approx. EUR 3,700 – 11,100).
Training and retraining of employeesCash grants for training and retraining employees will be provided to an employer in the form of a partial reimbursement of the costs incurred. Such grants cover 25% of the eligible costs expended on training and retraining employees.
Purchase of construction sitesThe actual provision of this incentive depends on negotiation with the landowner (the state, region or municipality). The difference between the market price and the actual purchase price is treated as an incentive.
EU structural funds
The Czech Republic (excluding Prague)Businesses set up in the Czech Republic can also obtain support from EU structural funds under sever-al operational programmes. EU funds are available mostly in the form of cash grants for investments. There is a broad selection of grants available. However, some of them are available only to existing companies. The most important EU funding programmes sup-port the following types of investments: innovations in production ICT projects
R&D centres energy savings reduction of emission and water pollution precau-tions
Investors will also indirectly benefit from large volumes of EU funding utilised by public authorities for im-provement of infrastructure, the education system, healthcare, the environment and many other areas.
R&D tax allowance
Companies performing R&D activities can apply a special tax deduction for this activity.The R&D deduction in fact allows companies to claim internal R&D costs twice: firstly within their profit-and-loss account, and secondly as a special tax deduction. Effectively, savings can thus be up to 19% percent of R&D costs. The deduction can be claimed every year and there is no limit on the maximum amount to be claimed.
Education tax deduction
The education tax deduction is a new tool introduced in 2014. It allows companies to obtain a special tax deduction for certain costs relating to educational activities for professional training.The deduction covers various activities relating to the education of secondary school or university students on the premises of companies. Companies can also receive a deduction for assets acquired for the purposes of such education.
Income-tax reliefCalculationCalculation of the tax relief that can be claimed is the only significant area where the treatment of a new company (plant) differs from that of an expanded facility.For a new company, the taxpayer is entitled to full tax relief, excluding tax on net interest income.For an expanded plant, the amount eligible for tax relief is the difference between the tax relief that would be available for a new company and the average of the tax liabilities in the three years immediately preceding the first year in which relief can be claimed. The latter figure is adjusted with reference to industrial inflation and the cur-rent tax rate.This formula can be seen as a rough attempt to re-strict the amount eligible for tax relief to the addi-tional profits resulting from expansion.
Permissible level of state aid and the amount of subsidiesThe total value of incentives must not exceed the maximum permissible level of state aid. The maximum amount of state aid is based on the rules set by the EU and is set at the level of 25% of eligible costs (investment in land, buildings, machinery and equipment and selected intangible assets), with the exception of, where no incentives can be provided.For technology centres and business support services centres, eligible costs may alternatively comprise the wage costs of employees in newly created jobs within 24 months of the month in which a particular position was filled.
Job creationCash grants will be provided to an employer creating new jobs in a region where the unemployment rate is more than 25% above the national average or
Finance
Jan LinhartPartner
KPMG Česká [email protected]
www.kpmg.cz
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Protect your intellectual property rights
As today’s business market develops at a faster and faster rate and competition between entities is forever growing in all sectors of business, one of the most highly recommended steps in terms
of doing business is ensuring the protection of intellectual property rights. Therefore, it is necessary to be familiar with
the most common intellectual property rights connected with doing business and to know how to ensure protection
of those rights in the Czech Republic.
rademarks
Trademarks are the most common intellectual property rights world-wide. Under Czech law, trademarks are regulated by Act No. 441/2003
Coll., on Trademarks, as amended, according to which a trademark is understood as a designa-tion consisting of words, letters, numerals, colours, drawings or shapes of products or packages which are intended to distinguish the products and services of a particular entities from those of other entities.
Scope of a trademarkA trademark may be a specific verbal sign executed in either an ordinary font or special graphical font, as well as pictorial signs or any combination thereof with words, three-dimensional signs comprising shapes of products or their containers, combinations of shapes of products or containers with words or drawings, and featuring a colour or any combination of colours. In certain countries it is possible to register olfactory trademarks (e.g. the smell of freshly cut grass has already been reg-istered in China); however, this trend has yet to hit the Czech market.
TRegistration of a trademarkThe most important benefit of registering a trademark lies in the owner’s sole and exclusive right to use such trademark in conjunction with the products or services for which it has been registered. This benefit is coupled with the right to prohibit third parties from unlawful use of the trademark.In order to obtain an ownership title to a Czech trademark, it is necessary to register the trademark with the Czech Trademark Register. An application for registering a trademark may be filed with the Intel-lectual Property Office (IPO) by any individual or legal entity with legal capacity. In order to initiate the registration process, a fee must be paid together with the application. A filing fee of CZK 5,000 (approximately EUR 185) is charged for registering an individual trademark for three classes of products and services. A fee of CZK 500 (approximately EUR 19) is charged for every additional class should one wish to register a trademark for more than three classes.Once an application has been submitted, the trademark is granted a priority right since the registration process takes about six months (unless a comment or objection is raised against the trademark to be registered). Such right means that the trademark is deemed protected from the filing date until after the registration process has been completed.
34 | INVESTORS‘ GUIDEBOOK
During the registration process, the IPO carries out a factual inspection of the subject matter of the regis-tration application. In the event it is ascertained that the sign/trademark contains the elements of an earlier registered trademark or a registration application has already been made by another owner and such elements could cause confusion with the earlier trade-mark, then the IPO will reject such application on the basis of these grounds.Once the trademark has been successfully registered, the protective period for registered trademarks is ten years following the date of filing the application with the IPO (thanks to the priority right). However, the protective period may be renewed for an additional ten years should the trademark owner wish to do so. This renewal is connected with the obligation to pay a main-tenance fee in the amount of CZK 2,500 (approximately EUR 93). An application for trademark renewal must be submitted no earlier than in the last year of the protec-tive period, but prior to expiry of such period. A renewal application may also be filed within six months after the expiry date for a higher fee. A trademark becomes extinct if a renewal application is not filed.
Patents
As in the case of trademarks, inventions can be protected by registering them with the IPO. Protec-tion of an invention takes the form of a patent and the registration process and the patent itself are reg-ulated by Act No. 527/1990 Coll., on Inventions and Improvement Proposals, as amended (Patent Act).
Scope of a patentSimilarly as in the case of trademarks, certain criteria exist for assessing whether an invention is eligible for a patent in the Czech Republic and are as follows:
a) novelty of the invention (on the global scale)b) inventive stepsc) industrial applicabilityd) patent-eligible subject matter
In addition to the above, the Patent Act also sets forth the kinds of things that cannot be classified as inventions and cannot be patented, even though such things may be considered inventions. The ineli-gibility of certain inventions to be patented is primar-ily due to moral aspects. Such inventions include:
2014, and Act No. 89/2012 Coll., the Civil Code, as amended, which contains the relevant provisions pertaining to licensing agreements.
Scope of copyrightsAuthors’ rights are attributable to the creation of an artistic or scientific work which constitutes the unique product of the author’s creative activity and is expressed in any objectively perceivable way, regardless of the extent, aim or value of such work.Types of work protected under the Copyright Act include:
a) literary works expressed either in writing or verballyb) musical worksc) choreographic worksd) audiovisual workse) architectonic work.
A work’s uniqueness requires a certain level of originality. However, it is clear that copying a work would be unacceptable. Moreover, a work that is routine, mechanical and lacking the expression of the author’s creative aspect is also unsatisfactory; an author must convey something personal in his or her work in order for it to be regarded as creative.The following cannot be copyrighted:
a) the theme of a workb) a daily report or other information in of itselfc) a thoughtd) mathematical or other formulas, theorems, etc.
Official works such as laws, regulations, court deci-sions, etc. are excluded for obvious reasons.
Ownership of copyrightsSince copyrights are exclusively associated with an author, only a natural person can be an au-
thor of a copyrighted work, i.e. a company cannot be an author. A copyright has two basic components: personal rights and economic rights. Enforcement of personal rights always remains with the author and cannot be transferred to another person, whereas economic rights may be passed to another person either on the basis of a licence or a statuto-ry provision. Economic rights are also the subject of inheritance.Although copyrights are not registered, a person other than the author cannot use a copyrighted work without the prior consent of the author. As a result, it is also prohibited to publish random pho-tos on the internet without the author’s permission (e.g. posting a random photo on a Facebook profile without the photographer’s consent).
Duration of copyrightsIn terms of economic rights, the protective period lasts for the life of the author and for an additional 70 years following the author’s death. The 70-year period begins on the first day of the year following the author’s death and thereafter the copyrighted work enters the public domain.In contrast, personal rights are extinguished upon the author’s death.
Summary
As is apparent from the above, the Czech legislation provides fairly strong options for protection of intel-lectual property rights. Due to this fact, anyone may successfully protect its intellectual property rights if register such rights with the Office, and do business in the Czech Republic safely (with respect to the in-tellectual property matters).
a) surgical or therapeutic treatments and diagnos-tic methods relating to both humans and animalsb) inventions whose use is contrary to public order or moralityc) plant or animal varieties or essentially biological processes for the production of plants or animals
Registration of a patentAgain, the process of registering an invention with the Czech Patent Register is carried out by the IPO and an application can be filed by the inventor himself or by an authorised person (i.e. the employer in the event of the business invention).The application must include a description of the invention and, most importantly, the claims for the patent. Such claims must precisely delin-eate the subject matter for which protection is required and constitute the most important part of the application.As for the duration of the patent, an invention is pro-tected in the Czech Republic for 20 years following the filing date of the application (i.e. the priority date) and its basic effectiveness represents the inventor’s/owner’s right to prohibit anyone from using it with-out prior consent (e.g. a licensing agreement).A fee must be paid in order to initiate the registra-tion process. At CZK 1,200 (approximately EUR 45), the registration fee is actually lower than it is for trademarks, and falls to CZK 600 (approximately EUR 22) if the application is submitted by the in-ventor himself. However, in order for an invention to receive a patent for the entire 20-year period, it is necessary to pay maintenance fees, which increase every year. The total amount of these maintenance fees can be as high as CZK 165,000 (approximately EUR 6,200) over a 20-year period. Due to this exorbi-tant figure, the vast majority of patents are cancelled prior to the 20-year mark.
Copyrights
Copyrights are frequently encountered in, for example, the advertising business, where photos and other copyrighted works are used extensively.The current Czech legislation governing copy-rights is Act No. 121/2000 Coll., the Copyright Act, as amended, which came into force on 1 January
Intellectual property
Martin LukášAttorney and partner, WEINHOLD LEGAL
Tereza KyselováArticled clerk, WEINHOLD LEGAL
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Finance your investment
Get the best out of European funds
The Czech Republic enjoys a high degree of support from the European Union. According to the EU budgetary framework
for the Czech Republic, funding of up to approximately EUR 24 billion has been allocated from EU structural funds
for the 2014 - 2020 programming period.
ue to delayed negotiations over the conditions for obtaining aid, these funds will actually be drawn until 2022 or 2023.
Operational programmes
The amount allocated from EU funds has been divided into ten operational programmes managed by the relevant administrative authorities.
Status of drawn-down subsidies from EU funds in the 2007-2013 programming period
Previous programming periodMore than EUR 26 billion was allocated to the Czech Republic in the 2007-2013 programming period (if we calculate the amount per capita, this allocation is one of the highest among Central and Eastern Euro-pean countries). As at 3 April 2014 support for a to-tal of 50,743 projects, amounting to 86% of the total allocated amount, have been negotiated.
Actual utilisationAccording to data obtained at the end of 2012, when the Czech Republic had negotiated approx. 82% of the total allocated amount, the country ranked sixth in terms of using allocated funds among Central and Eastern European countries behind Bulgaria, Latvia, Estonia, Lithuania and Po-land. The proportion of the total allocated amount
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38 | INVESTORS‘ GUIDEBOOK
that was actually paid out reached 52%, ranking the Czech Republic fourth behind Estonia, Lithuania and Latvia. Therefore, the Czech Republic has a strong track record with respect to using European funds and is well prepared to utilise investment support in the current and upcoming programming period.
Other investment support opportunities in the Czech RepublicInvestment support in the Czech Republic does not end with the administration and allocation of Eu-ropean subsidies. Beyond European aid, the Czech Republic otherwise supports foreign investment, particularly by means of investment incentives, preparation of industrial zones and other support from governmental agencies such as CzechInvest and CzechTrade.
Possibilities of additional project funding from banking institutions
Support from banksConsidering that EU funding is based on equity financing (i.e. eligible costs are financed only up to a certain amount from the respective fund and partially from the aid recipient’s resources), it is a positive development that banks in the Czech Republic offer products specially designed for ad-ditional funding of projects implemented with EU subsidies. These banking products include:
Critical points
The Czech Republic is well prepared to utilise EU investment incentives. However, in order to successfully do so, the following requirements must be fulfilled:
I. Regular monitoring of the possibilities for obtaining specific investment incentives, timing, deadlines and the respective conditions;
II. Timely communication with the relevant authority (i.e. CzechInvest) regarding the conditions for obtaining investment incentives and formulation of the given project in order to meet those conditions;
III. Assurance of project co-financing (assistance of banks and/or other co-financing partners is possible; however, specific conditions for obtaining investment incentives must be fulfilled)
IV. Assurance of ongoing fulfilment of the conditions for obtaining investment incentives while the incentives are being drawn down.
Generally, the assistance of local advisors experienced in investment incentives and projects in general is recommended in order to ensure smooth and safe implementation of the given investment project.
Operational Programme (OP) Administrator Amount
OP Transport Ministry of Transport EUR 4.7 billion
Integrated Regional OP Ministry of Regional Development EUR 4.6 billion
OP Enterprise and Innovation for Competiveness Ministry of Industry and Trade EUR 4.3 billion
OP Research, Development and Education Ministry of Education, Youth and Sports EUR 2.8 billion
OP Environment Ministry of the Environment EUR 2.6 billion
Rural Development Programme Ministry of Agriculture EUR 2.3 billion
OP Employment Ministry of Labour and Social Affairs EUR 2.1 billion
OP Technical Assistance Ministry of Regional Development EUR 0.22 billion
OP Prague – Growth Pole of the Czech Republic Prague City Hall EUR 0.20 billion
OP Fisheries Ministry of Agriculture EUR 0.03 billion
Operational programmes
Source: www.strukturalni-fondy.cz
Jakub LichnovskýPartner, Attorney
PRK Partners [email protected]
www.prkpartners.com
EU funding until 2022
I. Loans for pre-financing of EU subsidies: These loans offer the possibility of financing to cover the time gap between the immediate need for funds to im-plement a project and the drawing of a subsidy from EU funds. The interest rate applicable to these products is mostly defined as a floating (variable) interest rate, where the interest is paid on a month-ly or quarterly basis and the principal can be repaid monthly, quarterly or within individually agreed timeframes. A loan can be drawn down as either a lump sum or gradually over time, where the draw-down is usually limited by the amount of subsidies (allocated for payment of eligible costs) and conditioned by the submission of a decision on the allocation of subsidies or a subsidy contract.
II. Loans for co-financing projects: Loans for co-financing projects serve to finance those pro-ject expenses which are not covered by subsidies from EU funds. The interest rate applicable to these products is also mostly defined as a floating (variable) interest rate (however, some banks also offer a fixed interest rate), where the interest is most often paid on a monthly or quarterly basis, and the principal can be repaid monthly, quarterly or on the dates specified in the repayment schedule. A loan can be drawn down either as a lump sum or gradually over time, where the draw-down is usually limited by the actual costs of the given project that are not covered by subsidies and is con-ditioned by the submission of relevant documents.
III. Loan commitment: Banks also provide loan commitments, enabling aid applicants to provide evidence of full project financing.
Aid intensity in the 2014-2020 programming period
Aid intensity in this programming period differs depending on the aid recipient and on whether state-aid conditions have been fulfilled in the par-ticular case.
Public (public-legal) entitiesIf the aid recipient is an organisational unit of the state administration, a state contributory organisation, a legal entity engaged in the manage-ment of school and educational facilities, a territorial self-governing unit, the City of Prague including its contributory organisation, a public university, a research organisation or a private entity engaged in public-benefit activities, the following rules apply: EU aid can be used to cover 85% of eligible costs of a project in less developed regions and 50% of the eli-gible costs of a project in the City of Prague without exception (in addition to that, public entities may use co-financing from the state budget).
Private (private-law) entitiesWith respect to other entities not specified in the list above (typically private entities not engaged in public-benefit activities), when determining EU aid intensity support it must be considered whether or not state-aid conditions have been cumulatively fulfilled in the particular case (project). State aid applies in cases where (i) support is pro-vided by the state or from public funds; (ii) support is provided preferentially to certain enterprises or
sectors and is selective; (iii) competition is disrupted (or will be disrupted); and (iv) there is an impact on trade among EU member states.Generally, if the drawing of funds by the recipi-ent does not fulfil state-aid conditions, support at the EU level will reach 85% of eligible costs in less developed regions of the Czech Republic (whereas in Prague the EU aid intensity is 50% of eligible costs). Additional financing from the state budget is generally not allowed.If the drawing of funds by the recipient fulfils state-aid conditions, EU aid intensity is further reduced depending on the size of the enterprise:
European structural and investment fund Amount
European Regional Development Fund EUR 11.94 billion
European Social Fund EUR 3.43 billion
Cohesion Fund EUR 6.26 billion
European Agricultural Fund for Rural Development EUR 2.17 billion
European Maritime and Fisheries Fund EUR 0.03 billion
European structural and investment fund
I. for small enterprises – 45% of eligible costs,II. for medium-sized enterprises – 35% of eligible
costs,III. for large enterprises – 25% of eligible costs.
State aid for research and development projects is increased depending on the size of the enter-prise and the sector in which the given project is being implemented – industrial research (50% of eligible costs), experimental development (25%-45% of eligible costs), feasibility study (50% of eligible costs) or support for research infrastructure (50%).
General recommendations
Foreign investments enjoy broad support (including financing from EU funds) from administrative authorities in the Czech Republic. Similarly, banks and other entities offer a wide range of products for uninterrupted financing of projects with regard to the schedule for drawing subsidies from EU funds. Nevertheless, it is crucial to correctly grasp and manage, from the project point of view, the process of applying for subsidies from EU funds, so that the drawing of subsidies and project financing is as unproblematic as possible and the related costs are minimised. In particular, it is recommend that the aid applicant take the following steps:
I. regularly monitor opportunities to obtain investment incentives;II. communicate in a timely manner with the respective authority (i.e. CzechInvest) with regard
to the conditions for obtaining investment incentives and formulate the project in such a man-ner that it meets stipulated conditions. Before implementing the project, it is recommended to establish and coordinate with a team of local tax, legal and other advisors in order to ensure smooth implementation of the project and coordination with the relevant authorities;
III. ensure co-financing of the project (assistance of banks and/or other advisors/co-financiers is possible);
IV. while drawing incentives, it is essential to observe the project’s ongoing compliance with the conditions for obtaining investment incentives.
Source: www.strukturalni-fondy.cz
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How investment incentives work in the Czech Republic
Investors who place their investments in the Czech Republic can obtain aid in the form of investment incentives, which are
provided pursuant to Act. No. 72/2000 Coll., on Investment Incentives (as amended on 1 May 2015).
zech and foreign legal entities and natural persons engaged in busi-ness can apply for investment incentives. Only a legal entity with its registered office in the Czech Republic can be a recipient
of investment incentives.
Special industrial zonesSpecial industrial zones are the existing and prepared zones that offer the most attractive investment incentives. These zones were pro-posed by the Ministry of Industry and Trade and approved by the Czech government. At present there are three approved special industrial zones in the Czech Republic: Ostrava-Mošnov, Most-Jo-seph and Holešov.
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40 | INVESTORS‘ GUIDEBOOK
General eligibility criteriaFor all types of activities, it further applies that the recipient shall not start work on the project (i.e. shall not acquire any assets including orders of machines and equipment and shall not commence construction works) prior to submitting the incen-tives application to CzechInvest. All the conditions must be fulfilled within three years from the issuance of the Decision to Grant Investment Incentives and the recipient shall retain the assets and created jobs throughout the entire period of utilising state aid, at least for a period of five years.
State aidThe maximum state-aid intensity in the Czech Republic, with the exception of Prague, is 25% of total eligible costs for large enterprises. State aid is
Supported areas
Manufacturing industry
introduction or expansion of production Technology centres
construction or expansion of R&D centres Business support services centres
start or expansion of the activities of shared-services centres, software-develop-ment centres, high-tech repair centres, data centres and customer-support centres (call centres)
CORPORATE INCOME-TAX RELIEF for companies for a period of up to ten years. For new companies, this incentive is provided in the form of full tax relief, for existing companies in the form of partial tax relief.
CASH GRANTS FOR JOB CREATION provided in regions with high unemployment and in special industrial zones in the amount of EUR 3,700 to EUR 11,100, depending on the region.
EXEMPTION FROM PROPERTY TAX for up to five years in special industrial zones.
CASH GRANTS FOR ACQUISITION OF ASSETS provided for strategic investments in the manufactur-ing industry or technology centres in the amount of up to 10% of eligible investment costs.
CASH GRANTS FOR TRAINING AND RETRAINING NEW EMPLOYEES in regions with high unemploy-ment in the amount of 25% to 50% of eligible training and retraining costs, depending on the region.
Forms of investment incentives
More information
about investment incentives
More information about investment incentives is available
in English on CzechInvest’s website
www.czechinvest.org.
Number of applications according to selected sectors
50
100
150
200
250
300
350
0
Proj
ects
vehicl
e man
ufacturin
gengineerin
g
other
rubber and plas
tic in
dustry
electrica
l engineerin
g
food industr
y
metalworki
ng industr
y
wood-processi
ng industr
ytex
tile in
dustry
paper in
dustry
biotechnology
glass in
dustry
IT an
d softw
are deve
lopment
coke
and petro
leum
manufac
turing
chemica
l and pharm
a. industr
y
Source: CzechInvest, 2015
In the same period, the largest numbers of applications for investment incentives were submitted in the automotive and mechanical engineering sectors.
Barbora JežkováHead of Financial Support Section
www.czechinvest.org
increased by 10% for medium-sized companies and by 20% for small companies.
Sample calculationThe investor (large enterprise) plans to invest a total amount of EUR 6 million in assets in the manufacturing industry. The investment will be placed in a region with high unemployment. The state-aid intensity is 25% of eligible costs. There-fore, the maximum state-aid ceiling is EUR 1.5 million. The maximum amount of state aid may be drawn in the form of corporate income-tax relief for ten years and cash grants for job creation. Cash grants for train-
Investment incentives
ing and retraining of employees might be provided above the state-aid ceiling , i.e. as cash in addition to the previously mentioned EUR 1.5 million.
Application processThe process of applying for investment incentives differs depending on whether the investor is under-taking initiating a new investment or an expansion of an expansion of an existing investment. Abridged single-round process in the case
of an expansion of an investment
The Decision to Grant Investment Incentives is issued within roughly three months after submis-sion of the application to CzechInvest. The investor can initiate the investment immediately following submission of the application; it is not necessary to wait for issuance of the aforementioned Decision.Extended two-round process in the case of initiat-
ing a new investment
This process involves the establishment of a new Czech legal entity. The Decision to Grant Invest-ment Incentives is issued within roughly six months following submission of the application to CzechIn-vest. The investor can start implementing the invest-ment immediately after submitting the application; it is not necessary to wait for issuance of the aforemen-tioned Decision.
LONG-TERM TANGIBLE AND INTANGIBLE
ASSETS, whereas the value of machinery must comprise 50% of eligible costs.
TWO YEARS’ GROSS WAGES of employees in newly created positions.
Eligible costs
Applications for
Investment
Incentives
44%56%
Czech companies
Foreign companies
In the period from 1998 to 2014, a total of 924 Decisions to Grant Investment Incentives were issued on the basis of registered applications. In the period from 1998 to 2014, investors committed to investing more than CZK 730 billion (approx. EUR 27 billion) and to creating nearly 170,000 new jobs.
TYPE OF ACTIVITYINVESTMENT IN ASSETS
(EUR million)NEW JOBS REQUIRED
MANUFACTURING INDUSTRY2-4
half of which in new machinery 20
TECHNOLOGY CENTRES0.4
half of which in new technology 20
BUSINESS SUPPORT
SERVICES CENTRES0 20-70
(500 in the case of call centres)
Eligibility criteria for strategic investments
MANUFACTURING INDUSTRY20
half of which in new machinery 500
TECHNOLOGY CENTRES8
half of which in new technology 100
Eligibility criteria
The investor shall select one option. In the case of an investment in the manufacturing industry, only fixed assets comprise eligible costs.
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Finance your future with OPEIC
Within the framework of the Operational Programme Enterprise and Innovation for Competitiveness
for the period 2014–2020, it is possible for applicants to use financial resources from European Union
structural funds for co-financing business projects in the manufacturing industry and related services. Funding
will be provided in the form of non-returnable subsidies, preferential loans and guarantees. Eligible projects are
those that are implemented within the borders of Czech Republic, though outside of Prague.
perational Programme Enterprise and Innovation The Operational Programme Enterprise and Innova-tion for Competitiveness (OPEIC) is the successor
of the Operational Programme Enterprise and Innovation 2007-2013 (OPEI). Approximately EUR 4.3 billion from the European Region-al Development Fund has been allocated for projects within OPEIC. The programme’s governing body (Ministry of Industry and Trade)
delegates the majority of implemen-tation-related tasks to CzechInvest, which serves as the primary interme-diary for the financial support and is thus responsible for communication with aid applicants and recipients. Such communication is conducted through ISKP 2014+ (the information system for aid recipients), which will serve for all operational programmes on the national level in the program-ming period 2014-2020.
42 | INVESTORS‘ GUIDEBOOK
OMore information about OPEIC
More information about the Op-erational Programme Enterprise and Innovation for Competi-tiveness is available in English
on CzechInvest’s website www.czechinvest.org.
OPEIC 2014 - 2020
Overview of OPEIC grant programmes:
Programme Programme description
Innovation – Innovation Project and Project for Protection of Industrial Property Rights
Support for activities aimed at implementation of innovation projects in enterprises; support for activities aimed at the protection of industrial-ownership rights
PotentialSupport for creation and expansion of infrastructure for companies’ development and innovation activities
ApplicationSupport for industrial research and experimental development
Knowledge Transfer Partnership
Support for establishment of partnerships between small and medium-sized enterprises and organisations for research and dissemination of knowledge for the purpose of transferring knowledge and related technologies and skills
CooperationSupport for the creation and development of cooperative branch groupings – clusters, fields of excellence, technology platforms and co-operative projects
Innovation Vouchers
Support for purchase of consulting, expert and supporting services in the area of innovation from organisations for research and dissemination of knowledge with the objective of initiating or intensifying the innovation activities of small and medium-sized enterprises
Infrastructure ServicesSupport for the establishment, development and operation of science-and-technology parks and technology-transfer centres
Proof of ConceptSupport for activities leading to commercialisation of research results through activities involving verification of feasibility
Pre-commercial Public Procurement
Phased issuance of procurement orders for services in the area of research and development with sharing of risks and profits under market conditions when, in a competitive environment, several companies develop new solutions meeting the needs of the public sector
TechnologySupport for increasing the number of implemented new business projects of small start-up companies and small and medium-sized enterprises
Marketing
Increase of small and medium-sized enterprises’ market-ing activities in foreign markets; support for participation of manufacturing companies and service providers at foreign trade fairs and expositions
ConsultingFinancing of information, consulting and education services for small and medium-sized enterprises
PropertiesSupport for the creation and development of business properties including related infrastructure, enterprise zones and brownfield regeneration
Training CentresSupport for the creation and development of infrastructure intended for education and development of human resources in businesses
ProgressSupport for dynamically developing small and medium-sized enterprises in the form of subsidised loans
Venture CapitalFinancing of entrepreneurial projects of entities entering into business for the first time or after an extended period of inactivity
Renewable Sources of Energy Expanded use of renewable and secondary sources of energy
Energy Savings Reduction of the energy intensity of production
Smart Grids I (Distribution Grid)Support for deployment of automated, remotely controlled elements in distribution grids
Low-Carbon TechnologiesIntroduction of innovative technologies and pilot projects involving introduction of energy-accumulation, savings and transportation technologies
Energy Savings in Heat Supply Systems
Refurbishment and development of heat supply systems, primarily heat distribution facilities and introduction and increased efficiency of electricity/heat co-generation systems
Smart Grids II (Transmission Grid)Support for construction, reinforcement, modernisation and refurbishment of transmission mains and transformers
High-Speed InternetModernisation or expansion of the existing infrastructure for high-speed access to the internet
ICT and Shared ServicesSupport for new manufacturing technologies, ICT and selected business support services
Source: CzechInvest, 2015
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Renata KořínkováHead of the Structural Funds
Coordination SectionCzechInvest
I. Successful registration requires a qualified certificate (electronic signature).
The first step is to establish a user account.
V. After the Conditions are signed by the applicant, the Decision to Provide Aid
is issued and the project is definitely approved.
II. After that, the Preliminary Application must be prepared. It contains basic infor-mation about the applicant and project. The applicant and project will undergo an evaluation of acceptability including
an economic evaluation. The date on which eli-gible costs arise is given with the application. From this date, costs expended in connection with the project can be considered as eligible.
Applicant can also begin with construction works, sign contracts, issue and pay orders, etc.
III. The next step is to complete and submit the Full Application including the required
annexes (particularly the business plan) within the stipulated time limit and accord-ing to the specific requirements of the par-
ticular programme. In the event that the Full Application is correct, the project
will be passed on for further evaluation.
IV. Projects are evaluated on the basis of clearly defined and publicly known crite-
ria. In the event that the project is approved, the Terms and Conditions of the Decision to Provide Aid will be sent electronically
to the application together with a request for the signing thereof and other
instructions.
The conditions to which the applicant is bound to comply include, in particular:
selection of suppliers of orders for which aid will be provided from OPEIC in accordance with previ-ously established regulations
assurance of publicity of supported projects in the form of posters, signs, billboards, etc. during and after implementation of the project in accordance with the established regulations
division of projects into individual phases according to the schedule of works on the basis of previously established conditions (the length of phases is limited by duration and the aid amount)
Aid recipient Small or medium-sized enterprises are eligible to receive aid within OPEIC, though in some programmes large enterprises with more than 250 employees can also apply for aid. Projects must be im-plemented within the Czech Republic, outside the city of Prague (the seat of the company can be located anywhere in the Czech Republic). Aid will be provided in compliance with the individual state-aid rules. Applicants must be registered as an income tax payer uninterruptedly for a period of no less than two closed tax periods preceding the date of submission of the aid application.Another important criterion is that any project implemented within OPEIC must be implemented in the manufacturing industry, generally in sectors CZ-NACE 10-33.
Process of applying for aid and project evaluationApplying for aid within the OPEIC aid programmes is a two-part process (Pre-Application and Full Applica-tion) via the MS2014+ internet application, which is available only in the Czech language. Application can be accessed via mseu.mssf.cz.
Size
of enterprise
Aid intensity
in 2007-2013
Aid intensity
in 2014-2020
Small 60% 45%
Medium-sized 50% 35%
Large 40% 25%
Support in compliance with the guidlines on regional state aid:
Source: CzechInvest, 2015
Type of aid Small enterpriseMedium-sized
enterpriseLarge enterprise
Basic research 100% 100% 100%
Industrial research 70% 60% 50%
Experimental development 45% 35% 25%
Aid for feasibility studies 70% 60% 50%
Aid for construction and upgrading of research
infrastructure50% 50% 50%
Framework of state aid for research, development and innovation:
Note: applied in case of inapplicable aid within the General Block Exemption Regulation Source: CzechInvest, 2015
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Strategic Location in the Heart of Europe
Stable Economy
History of Manufacturing Excellence
Cost-effective and Multilingual Workforce
Strong Presence of Global Companies
Established R&D with Successful Applications
Broad Spectrum of Financial Support
Supportive Business Environment
Financing foreign investments
in the Czech RepublicMany countries strive to attract foreign direct investment (FDI),
as the knowledge brought by multinationals is likely to spill over into domestic industries and increase their productivity.
Local governments typically use different investment incentives to support FDI inflow. However, the incentives need to be complemented with liberal exchange control
rules, a healthy banking sector and functional financial and capital markets to allow for efficient financing of individual
investments.
he Czech Republic has been a member of the European Union since May 2004 and it fully complies with the key principles of free trade and capital flows. Therefore, there are virtually no restrictions or admin-
istrative burdens for foreign investors with respect to providing equity contributions or intercompany loans to finance their investments and, conversely, to repatriating profits from their investments through payment dividends or to repaying intercompany loans. The country’s legislation and regulations also permit the utilisation of liquidity management structures and investors can efficiently manage their intragroup funding through all types of local and cross-border target balancing and cash pooling systems.If investors need external funding in the Czech Republic, they will find a very modern, safe and com-petitive banking sector. There are 46 entities with bank-ing licenses on the Czech market. Two of these are
TThe Czech banking system’s capital adequacy ratios, in %
T1 Capital ratio Total capital ratio
15
20
25
10
5
0Q2 2014
Large banks Medium - sized banks Small banks
Q2 2014 Q2 2014Q2 2015 Q2 2015 Q2 2015
17.2 17.520.7
18.5
14.4 15.2
Source: Czech National Bank, Česká spořitelna
46 | INVESTORS‘ GUIDEBOOK
The Czech Republic: a converging economy with opportunities
Dana HájkováMacro Analyst, Economic and Strategic Research
Česká spořitelna [email protected]
www.csas.cz
Petr SimandlBusiness Development and Origination
Erste Corporate Banking, Česká spořitelna [email protected]
www.erstecorporatebanking.cz
owned by the Czech state, six are banks with Czech shareholders and the remaining 38 are either branches or subsidiaries of foreign banks.In terms of market share, the local banking sector is quite concentrated on loans and almost 60% of all loans are held by the leading three banks, though this number has been declining slightly from year to year. The Czech banking sector is very safe, with strong liquidity (average loan/deposit ratio of 78% as at 30 June 2015), high capital adequacy (average Tier I capital ratio of 17.3% as at 30 June 2015; see chart chart) and good asset quality (average share of non-performing loans of 4.7% as at 30 June 2015). As a result, local banks are able and willing to extend financing to all vi-able foreign investments in the Czech Republic at very competitive prices in domestic and foreign currencies.Local banks offer all types of funding products, from plain vanilla financing (investment loans, working capital financing, overdrafts) through trade, export and asset-based finance (buyer’s credit, factoring, forfaiting, structured trade finance, real estate financing, leasing), to structured finance (club and syndicated loans, acquisition and leveraged finance, project finance), all of which support foreign investment throughout all stages of their lifecycle.Larger investments can be financed through debt and equity capital markets that offer deep and liquid dis-tribution to both domestic and international investors. The Czech Republic boasts the best ratings (S&P: AA-, Moody’s: A1 and Fitch: A+, all of which are stable) of all the CEE countries and its sovereign strength is positively reflected in sought-after corporate issuance in CZK and EUR. Thus, the local capital market has proven to be the most active when compared to its CEE peers. The individual funding instruments are typically used in combination in order to create the optimum capital structure and to minimize financing costs. Corporate issuers can also make use of hedging of the interest-rate and FX risks related to the chosen funding structure.The Czech Republic is an open, export-oriented economy with liberal exchange control regulation, a competitive banking sector and efficient financial and capital markets. As such, it offers a broad range of financing instruments to foreign investors, which can efficiently fund and manage financial flows related to their investments in the Czech Republic.
Banking system and the economy
Due to lower initial starting conditions, the degree of economic development of the Czech economy measured by GDP per capita in purchasing power standards is still somewhat lower than the average of the European Union. However, the Czech Republic, thanks to its higher average growth, has been converging towards EU levels and, in terms of GDP per capita, it has already overtaken several older EU and euro-area member states. The coun-try’s growth potential is expected to remain strong for the foreseeable future. The Czech Republic has benefitted from its membership in the European Union and from its close economic integration with the euro area. The share of trade with the euro area is well above 60%; the country’s largest trading partner is Germany, followed by Slovakia. Skilled and competitive labour is one of the comparative ad-vantages of the Czech economy, along with po-litical stability and geographical and cultural proximity to its euro-area trading and business partners. The Czech economy has therefore attracted a sizable regular inflow of foreign direct investment. Close ties with German man-ufacturing create strong demand for the quality of Czech production and has contributed to rap-id technological advances. The Czech economy’s potential is supported by its economic policies. The country’s inde-
pendent monetary policy proved an advantage in the economic crisis and its aftermath. The central bank’s clear strategy of inflation targeting has proven effective in steering inflation expectations in the economy towards healthy levels.
The still relatively low general government debt is another advantage of the Czech economy. The share of government debt to GDP is around 42% and is projected to somewhat decline in the coming years thanks to economic growth.
GDP per capita in purchasing power standards (2014)
EU average = 100%
Austria Germany Spain CzechRepublic
Portugal Slovakia Poland Hungary
128% 124%
93%
84%78% 76%
68% 68%
Sources: Eurostat, calculation by Česká spořitelna
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Development of industrial zones in the Czech Republic
The Czech Republic ranks among the European countries with the densest infrastructure connected with industrial production. This is due to the country’s industrial history,
which dates back to the time of the Austro-Hungarian Em-pire. Following the political changes that occurred at the end
of the 1980s, development of industrial zones in the Czech Republic took place along two lines, first with support from the state and later on the basis of private capital.
ndustrial zones in the Czech RepublicState-supported industrial zones were es-tablished after 1998, when their preparation was commenced in accordance with a gov-ernment decree. Thanks to this programme, the Czech Republic now has more than one
hundred industrial zones, including five so-called strategic industrial zones. More than 600 manufacturing companies operate in these zones, whose occupancy rate is over 70%. The key projects implemented in the Czech Republic at the turn of millennium included the electronics plants of Panasonic in Plzeň and Philips in Hranice na Moravě, and the car factories of TPCA in Kolín and Hyundai in Nošovice. These investments spawned more projects con-nected with the supplier network, logistics and research and development. With respect to the locations of large industrial zones, the most ideal sites are former airports and their immediate surroundings, such as the Plzeň-Bory, Ostrava-Mošnov and Žatec zones, which are characterised by their ideal terrain conditions and good connections with infrastructure. It goes without saying that all three of these zones are operating at practically full capacity. During the same period when the Czech government initiated support for industrial zones, other zones backed by private financing came into existence with the aim of preparing a property-development solution in the form
of rental facilities and user-owned buildings. One of the first projects implemented in this way was the D1 East and D1 West industrial park at exit 11 on the Prague-Brno motorway. Since then, more than five million square metres of rental industrial space have come on the market and that figure continues to rise.
Public vs. private industrial zonesFor investors coming to the Czech Republic, a deciding factor in choosing a location is often whether a given zone is publicly or privately owned. Both options usually have strengths and weaknesses. In zones prepared by a gov-ernmental organisation, it is generally possible to buy land under more favourable price conditions, which can be combined with various other investment incentives. In the case of industrial facilities built by a developer of a private industrial zone, it is sometimes possible to use a pre-arranged building permit and thus accelerate the start of production or other business activities. Both types of zones are technically very similar and, as a general rule, comprise sites that are unified in terms of ownership and well connected to transport infra-structure. Utilities connections are usually located on the boundary of a given industrial zone or on back-bone lines within it. Industrial zones are generally located on the outskirts of cities or in proximity to built-up urban
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Legend: 1 Český Krumlov, 2 Prachatice, 3 Písek, 4 Blatná, 5 Domažlice, 6 Stod, 7 Plzeň (2), 8 Ostrov, 9 Podbořany, 10 Žatec (2) 11 Klášterec nad Ohří, 12 Chomutov (2), 13 Most-Joseph, 14 Lovosice (2), 15 Přestanov, 16 Ústí nad Labem, 17 Rumburk, 18 Liberec, 19 Slaný, 20 Tuchlovice, 21 Kladno, 22 Unhošť, 23 Zdice, 24 Žebrák, 25 Zlatníky-Hodkovice, 26 Poříčany, 27 Zruč nad Sázavou, 28 Kutná Hora (2), 29 Kolín, 30 Velim, 31 Nymburk, 32 Mladá Boleslav, 33 Jičín (2), 34 Hořice, 35 Vrchlabí, 36 Trutnov, 37 Solnice -Kvasiny, 38 Chrudim, 39 Svitavy, 40 Moravská Třebová, 41 Ždírec nad Doubravou (2), 42 Havlíčkův Brod, 43 Pelhřimov, 44 Kamenice nad Lipou, 45 Třebíč, 46 Velké Meziříčí, 47 Žďár nad Sázavou, 48 Bystřice nad Pernštejnem, 49 Blansko, 50 Brno (2), 51 Pohořelice, 52 Mikulov, 53 Velké Pavlovice, 54 Vyškov, 55 Brankovice, 56 Hodonín (2), 57 Staré Město, 58 Zlín, 59 Vsetín, 60 Holešov, 61 Valašské Meziříčí, 62 Hranice, 63 Velká Bystřice, 64 Olomouc (2), 65 Uničov, 66 Šumperk, 67 Mošnov, 68 Paskov, 69 Ostrava (2), 70 Frýdek - Místek (2), 71 Nošovice, 72 Třanovice, 73 Třinec, 74 Český Těšín, 75 Karviná, 76 Krnov, 77 Světlá n. Sázavou, 78 Znojmo, 79 Kopřivnice, 80 Louny, 81 Kadaň, 82 Jihlava, 83 Bílina, 84 Pardubice, 85 Kuřim, 86 Prostějov (2), 87 Hrádek nad Nisou, 88 Litovel, 89 Tábor, 90 Krupka
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8013
1583
90
16
14
1920 21
22
2324
489
3
2
1
44
43
82
42
7727
25
26Prague
8529
30
31
32
17
1887
3334
84
37
38
41
47 48
46
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78 51
5054
49
8663
62
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686779 70 71
72 73
7475
61
5958
5756
5352
6055
64
88
39
40
66
65
35
36
287
6
5
Map of industrial zones supported since 1998
Jan BobekBusiness Development Director
Tebodin Czech RepublicFormer Chairman
Association for Foreign Investment [email protected]
www.tebodin.com
areas. Therefore, it is frequently possibly to link a project to the public mass transit system, especially bus routes. Provision of electricity, gas, water, etc. is characterised by a high degree of reliability, so it is not a problem to place in the Czech Republic a manufacturing or other project requiring large volumes of these key utilities.
CertificationToday a number of projects in the Czech Republic have “green building” certification, which generally refers to the internationally applied LEED and BREEAM systems. Such certification of industrial zones is somewhat more difficult than in the case of commercial properties, though local conditions and legislation can be employed to bolster the “green” rating of a given project. A good example of this is the Johnson Controls factory in Česká Lípa, which was recently awarded a LEED Silver certificate. Investor usually has to implement the maximum possible rainwater retention on its land, which is fully in accordance with both certification systems. Another example is the incorporation of public mass transit for employee transport within an in-vestor’s project. There are a number of protected landscape areas, nature preserves and bio-corridors in the vicinity of Czech cities, with respect to which project preparation can include a range of elements that help the project to fit in with the surrounding environment and while also leading to a more favourable certification assessment.
Important to knowIf an investor selects an industrial zone, it is important to have knowledge of certain parameters of the given prop-erty as well as its surroundings and related infrastructure. The use of sites within an industrial zone is governed by the urban development plan (so called územní plán), which defines the types of projects that may be imple-mented in the location as well as the basic parameters of structures, such as their height, and the percentage of the land area on which buildings can be construct-ed. These conditions can differ in various locations. The investor should thus make an effort to correctly understand the local conditions and acquire a land plot with sufficient size to meet the needs of the project.
It is sometimes necessary to install utility lines from the connection point near the industrial zone to the investor’s site, in which case negotiation and conclusion of a utilities contract should be carried out as soon as possible. In this respect, communication
between the investor and the supplier (usually of gas or electricity) regarding offtake phasing is important. At the start of negotiations, an investor may state a general number even though it is not clear that it refers to the total consumption that will be required after several phases of the project and after several years. This can lead to a needless misunderstanding or financial outlay that could be deferred to a later period. For example, in the case of electricity, the investor plays a financial role in connecting its site to the grid.
If an investor is planning to dispose of process waste
water in the public sewer system, it is necessary to have a good understanding with the operator of the water-management infrastructure. In such a case, the investor must build its own waste-water treatment plant so that the parameters of discarded waste water correspond to the technological capabilities of the municipal water-treatment plant and the quality requirements for water in the watercourse into which the waste water will be expelled.
In comparison with Western Europe, the parameters of project assessment with respect to environmental
legislation are less strict and more logical, though atten-tion should be paid to important details when selecting a site for an investment. This applies in the case of, for example, noise pollution (whether from production equipment or vehicle traffic). Unlike in the western part of the EU, the place for measuring noise levels during the day and at night is not the boundary of the site, but rather the nearest residential building. Nevertheless, a new project in a give location should not exceed the permitted limits within the overall noise pollution created by all projects and transport infrastructure in the location. A similar rule applies for air pollution.
A land plot should not be located in an undermined
area or an area that can be flooded or contaminated or which constitutes an archaeological site.
Investors occasionally entrust the selection of an industrial zone to a team of professionals focused on different aspects (production, finance, etc.). In such a case, it is good to consider the involvement of a professional consultant that can help to evaluate the strengths and weaknesses of the given location. It is in the investor’s interest to engage a consulting team that does not have a preference in the evaluation of industrial zones owned by the state and those owned by private entities.
Quality of industrial properties in the CR
Note: Numbers in brackets next to the names of municipalities indicate the total number of supported zones in the given location. Source: CzechInvest
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Land development in hands of a real
estate professionalThe acquisition of land is not perceived by investors as one
of many other transactions within a particular country. Instead, investors seek assurance that the land they intend to purchase
has the necessary permits for implementation of their project. This assurance can only be granted as long as developers
properly address certain key factors, namely land consolidation, land analysis, land preparation and legal aspects.
n general, location can be seen as the key factor with respect to the ac-quisition of land, followed by potential construction of the given logistics or production facility. Nevertheless, based on the experience of one industrial
developer, Panattoni Europe, the crucial point in the decision making process is in most cases the timing of the project. Investors do not ask where the land is located, but they rather prefer to know when construction on the land can be-gin. Because of that, developers and land-acquisi-tion specialists need to take a specific approach, which requires predictability and long-term experience in this field. The best way to explain the rationale mentioned above is to use the example of a manufacturing company which is searching for the most suitable land for construction of its new facility. The inves-tor has provided a commitment to its client that
the production of goods or component will begin according to the client’s schedule. However, it is essential to point out that in numerous situa-tions the schedule is very tight and the investor must find a trustworthy and experienced partner that will pre-select the best prepared land plot enabling rapid construction so that the investor can the products to the client on time. From time to time the situation can be complicated not only by a tight schedule but also by the clients of the subcontractors, which could require higher production capacity and a larger volume of deliv-ered goods with every new product that is intro-duced on the market. Therefore, a manufacturing company is in some cases willing to wait nine to twelve months for completion of its facility (though this period can be shorter). Consequently, the producer is faced with a short time period in which various complex processes have to be adopted if the existing facility is to remain in use.
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Jiří DuchoňAcquisition Manager
Panattoni Czech Republic [email protected]
www.panattoni.cz
These adjustments and the IR implementation can take between 18 and 24 months, which is twice the time provided by the client. It recent years it has been seen that the acquisi-tion of land is not perceived by investors as one of many other ´transactions´ within a particular country. Instead, the investors seek assur-ance that the land has the necessary permits for implementation of their project. This assur-ance can only be granted as long as developers properly address the following key factors:
1. Land consolidation (LOI, FPA) 2. Land analysis (DD)3. Land preparation (EIA, PP)4. Law aspects (conditional construction
contracts, easements, exchanges)
All of the above-mentioned factors are part of real estate development, which inves-tors either perform on their own or entrust to an experienced professional. Due to time constraints, investors are willing to cooperate with a development company, which on its own behalf and at its own risk is continuously search-ing for suitable sites and undertaking other com-plex related activities, such as land consolidation and/or analysis.
1. Land consolidation It is a minor miracle if the land for a particular construction project is owned by an entity owner (municipality, legal entity natural person). It can be said that in most cases the developer is faced with consolidation of numerous land plots prior a given site can be offered to an investor. There is also a risk which rises with every additional owner that is party to negotiations about the possible acquisition. This causes a delay with respect to reservation of necessary lands, which in most
situations is secured by signing a contract on a future purchase contract. The diversification of the ownership, predominantly within industrial zones, was caused by various reforms that came into force in the past century. The creation of so-called development concepts, which are focused on land acquisition together with predictability applied by the land acquisi-tion expert, can in some circumstances speed up the permitting process and the availability of the land for the investor. This is due to the fact that the investor will then only be offered pre-se-lected and pre-prepared land plots that fulfil almost all of its requirements, so that the in-vestor does not need to spend time searching for the most suitable site for its project. However, the importance of the permitting process should not be underestimated. It is appropriate to look at every project individually and, in cooperation with specialists, verify that the prearranged permits correspond to the investor’s project.
2. Land analysis Once all the necessary land plots are consolidated, the next step is to analyse the condition of the land and its suitability for construction of the new facility. This is a very complicated ac-tivity which should always be outsourced to com-petent specialists. The land analysis is carried out on three levels. Firstly, the land has to be exam-ined from the technical perspective (suitability for construction, distance from utilities, current use of the land, urban development plan). Sec-ondly, and environmental impact assessment has to be carried out. The last step is to determine whether there are any legal constraints. In the course of land consolidation, the acquisition expert will also undertake to review the zoning plan. It is logical to at first determine the type of activity for which the
Acquisition of land
land is most suitable and then to consolidate the land. Before any type of acquisition, it is crucial to analyse in detail the appropriate zoning plan together with all supporting documents. Such analysis will help to avoid unpleasant surprises in, for example, the form of additional requirements from the municipality that must be incorporated into the project documentation before the project can be implemented. Certainly, these types of surprises could result in added costs, which could have an impact on the imple-mentation of the project. It is advisable to al-ways discuss the land-use plan with an official of the municipality where the land is located.
3. Land preparation The last factor that has to be addressed by the developer is the issue of obtaining consent in relation to the environmental im-pact assessment and the planning permit for the investor’s project. It is essential to point out that these are two separate procedures which, however, together create a valuable product, thanks to which there is a chance to complete the project and start production on time. It is essential to pay maximum attention to environ-mental issues from the outset of project prepara-tion. This involves not only noise or dust studies, but also a biodiversity assessment that must be carried in the spring or summer. The granting of a planning permit leads to the conclusion of a purchase contract. The land
consolidation process is completed with the filing of the purchase with the Property Register in fa-vour of the investors.
4. Law related aspects Of course, a project is not finished without addition-al paperwork. Therefore, there has to be a “watch-dog” which will supervise the contracts and neces-sary implementation of the terms and conditions that have been agreed throughout the acquisition and permitting process. Agreements with the local and state authorities, the Road and Motorway Direc-torate and/or neighbouring property owners must be complied with and checked regularly in order to make sure that the conditions are fulfilled within the stipulated timeframe, as most of contracts of this type have limited validity. If the developer fails to comply with the agreed conditions within the time period stipulated in the contract, then no one can guarantee that the other contracting party will comply with the terms once negotiations have been opened for a second time. This can have det-rimental effect on the project and result in financial burdens for the developer. The last factor that should be mentioned in relation to land acquisition and site preparation is the impor-tance of openness and establishment of a profes-sional relationship with the communities and the representatives of the cities and suburbs where land plots are located. The investor shall not be viewed by them as an exogenous element, but rather as a part-ner which can bring benefits to the community.
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The beauty of brownfields
The Czech Republic is an advanced industrial country in the heart of Europe with production accounting for more
than 40% of the country’s GDP. As in other industrialised countries, the development of Czech industry underwent turbulent development at the beginning of 19th century.
number of industries emerged, providing new impetus for the development of cities and transportation infrastructure as well as utilisation of watercourses with the associated establish-
ment of new, large production plants, which were complemented by the development of entire residential quarters. Industrial development in gen-eral reflected not only the development of industrial production, but also the political and international situation at that time. Situated at the intersection of European trade routes, the Czech Republic was exposed to two world wars and endured a for-ty-year period of totalitarianism under the former communist regime. Each of these periods was reflected to a significant extent in the development of industrial production. What is now the Czech Re-public was once the manufacturing base of the Aus-tro-Hungarian Empire prior to the First World War. Following the establishment of the independent Czechoslovak state, manufacturers such as Baťa, Škoda and ČKD grew into major industrial players. The country initiated the development of its military industrial production capabilities shortly before the World War II, which were subsequently subordi-nated to the German Wehrmacht during the occu-pation of Bohemia and Moravia.The country was ruled by a totalitarian communist regime from 1948 to November 1989. The rise of the communist regime brought significant
changes consisting in the abolition of private ownership of production assets, the imposi-tion of central planning and the end of the free market. Natural industrial development was halted in favour of centrally planned production quotas, with priority given to heavy engineering and the defence industry, while the competitive environment was completely eliminated.All of these factors led to the existence of brown-fields in the Czech Republic. A number of nation-alised manufacturing facilities did not correspond to the concepts of the central planners and thus lost their importance as production was stopped and the buildings slowly deteriorated.The Velvet Revolution in 1989 brought forth a number of important changes. The democratic system was restored together with private own-ership of property, the borders were opened and the market economy was reborn. With its democratic and economic revival, the Czech Republic eventually became a member of major international organisations including NATO and the European Union. This fact and the country’s overall stability spurred the establish-ment of foreign-investment programmes, which are frequently supported by government incen-tives. Investors entered the country either through acquisition of Czech companies or by building their own production facilities. At the very beginning of the influx of foreign investors, most of projects were situated on greenfield sites.
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Examples of successfully regenerated brownfield projects:
Dox Centre for Contemporary Art (Prague)
Waltrovka (Prague) - office centre and residential project located in one of the biggest former
industrial sites in the city
Vysocany (Prague) - a former industrial site turned into a multipurpose facility, shopping
and social centre, including residential premises and service centres
Vítkovice (Ostrava) - gradual transformation of former steelworks into a cultural,
social and educational centre
Breda (Opava) - shopping and social centre partially utilising refurbished buildings
Santovka (Olomouc) - shopping and social centre on a former industrial site located
in the city centre
Ostrava, Vítkovice
Aleš KrtičkaArchitect
ATELIER TSUNAMI [email protected]
www.atsunami.cz
In the intervening years, a number of industrial zones have been established, some of which are still not completely occupied.Industrial zones allowed for the rapid develop-ment of the post-revolution automotive industry in particular, as well as all auxiliary industries complemented by rapid development of extensive logistics facilities and shopping centres located conveniently next to the most important transpor-tation routes.In comparison with greenfield investments, regeneration of brownfields is a far more compli-cated process. The country’s brownfields arose through the long-term disuse of facilities previous-ly used in energy- and labour-intensive industries that are now in decline. As a result of that, brown-fields can be found in Czech regions with high unemployment rates and significant social and economic issues. A separate category of brown-fields comprises former military facilities that were refurbished and converted for civilian uses following the end of the Cold War. These include, for example, barracks in Nové Město nad Metují and Trutnov, and the Milovice and Ralsko military
bases. However, brownfields are often located in strategic locations and thus offer opportunities for investments in new industries, IT, distribution, sales and leisure activities, as well as public-sector investment. Any such investment can potentially create and maintain a significant number of jobs. Regeneration of brownfields with environmental contamination will also significantly improve the quality of the environment while being of real benefit for all activities in surrounding areas.Utilisation of brownfields should limit the number of greenfield projects, thus leading to less agricul-tural land being used for construction and fewer high-capacity water and utility connections being built, while contributing to lower requirements for transportation of people, materials and finished products. There are many successfully regenerat-ed brownfield projects with various types of uses throughout the Czech Republic. Other brownfields are still waiting for their new lives to begin. With ac-tive support from local governments, regional institutions, investment incentives and investors, brownfield regeneration undoubtedly represents a bright future for the Czech Republic.
Greenfield vs. brownfield investments
Benefits of brownfields regeneration:
Increase of economic activity in the regenerated area – business and trade
Inflow of foreign direct investments
Decrease of unemployment through job creation
Increase of competitiveness
Increase of attractiveness of the municipality and thus increase of tourism (brownfields are
usually located within urbanised areas)
Unlike greenfield projects, limited claims on agricultural land in line with the principles
of sustainable development principles
Improvement of the environment through decontamination of the given site
Mobilisation of private capital
Increase in property values within the brownfield site and the surrounding areas
Positive influence on crime prevention and thus reduction of crime rates
Basic comparison of brownfields and greenfields from construction perspective
Greenfields + Brownfields +
easy to acquire easy to find (numerous sites in various parts of the country)
immediately available (subject to approval of the intended use)
often in areas of key importance (city centres, industrial zones, etc.)
immediately available (subject to approval of the intended use)
generally easy to reach (roads and other transport infrastructure already in place)
few limitations due to the existing area, services or topography
infrastructure may already be in place (water mains, utilities, etc.)
easier to get approval for the intended use (subject to changes in the local zoning plan).
Greenfields - Brownfields -
utilisation of scarce and limited resources (e.g. land)
possible difficulty and high cost of obtaining the necessary use permit
not in central urban areas or, in some cases, industrial zones
potential persistence of past risks or obligations
cost of site acquisition more likely to be higher compared to a similar-sized brownfield
possible limitations due to the historical layout of the site, topography, etc.
possible difficulty and high cost of obtaining the necessary use permit
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Brownfields and public- private sector cooperation
A city’s or region’s focus on refurbishment and develop-ment of brownfield sites presents interesting opportunities
for investors. Brownfields can be defined as abandoned sites with dilapidating buildings, disused transportation infrastructure and defunct industrial zones. Brownfields
have strong potential for future development. In addition to achieving financial targets, regeneration of these sites can
typically bring positive social and economic effects to the areas in which they are located.
inancing resourcesThe financing of brownfield redevelopment can be a compli-cated task, as it usually combines several sources. The obvious option is financing via the private
sector through equity investment coupled with institutional financing. Often, however, this needs to be supplemented with aid from various public grant programmes. Some brownfield-regener-ation projects are financed exclusively from EU structural funds, while others receive funding from the state budget or from a combination of all those mentioned above. Financial resources can also be obtained from regional and municipal budgets, from central public programmes and through public-private partnerships.Funding acquired from domestic resources originates within the Czech state budget and allocated as subsidies in various programmes (e.g. the Programme to Support of Business Proper-ties and Infrastructure and Programme to Sup-
port the Modification of Previous Military Sites for Public Use). Resources from structural funds use EU grant programmes, which are administrated in cooperation with the European Commission. The allocated funding is disbursed within opera-tional programmes covering seven-year periods. Private resources mostly comprise funding raised within public-private partnerships (PPPs). This is a form of cooperation between public authorities and the private sector with the aim of securing financing, construction, refurbishment, adminis-tration and maintenance of public infrastructure or provision of public services. The lead role is frequently played by the involved business entity, which participates in different phases of the pro-ject (proposal, development, implementation, financing). The public partner(s) concentrate on the specific aims the must be achieved in the public interest and with respect to the qual-ity of the supplied services and price policy, and they accept responsibility for fulfilment of these goals. Risks are divided among partners; specific
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One of the Czech Republic’s regions with the largest concentration of brownfields is Moravia-Silesia. The Ostrava and Karviná areas contain a number of brownfields whose regeneration is a priority for the municipal and regional governments. These brownfields have an important role in plans for renewal and development, and accordingly have assured financial and political support. As the owner of a large portfolio of land and commercial real estate in Moravia-Silesia, the Asental Group is a partner in regional public-private partnerships. The company often finds itself cooperating on brownfield revitalisation with regional governments and munici-palities. This cooperation takes different forms including active participation in the formu-lation of strategic plans for the use of land affected by previous industrial activity, regional marketing, and/or public-private partnerships in the development of industrial zones, as well as residential and recreational areas. As an example, Asental presently offers three large development parks, specifically Dukla, Barbora and Frantisek II, each of which is part of a development concept called the Moravian-Silesian Development Zone. These three brownfields are situated in the centre of a geographical triangle created by the cities of Ostrava, Karviná and Havířov, and more than 1.2 million people live within an hour of the sites. These three projects have the po-tential to create thousands of jobs. As they are located within five minutes of each other, the manufacturers located there are well positioned to support each other’s business with flexible deliveries and combined transport. The Moravian-Silesian Development Zone’s suc-cessful development is a key component of the region’s continued growth and prosperity.Cooperation with the public sector helps to assure for future investors and manufacturing companies important support in the form of subsidies and tax incentives for job creation from the municipal, regional and state governments.
Example: Moravian-Silesian Region
Anthony CaineCEO
Asental Land [email protected]
www.asental.eu
risk assignment is defined on a case-by-case basis according to the partners’ ability to evaluate, con-trol and cope with the risks.
Brownfield databasesThe Czech Republic offers a large number of brownfields. These are owned by municipali-ties, the government or private investors. Public databases contain listings of brownfields within specific regions and in the country as a whole, and provide information on their location, character, size, previous use and so on. The most significant of these databases is the National Brownfields Da-tabase, which is maintained by CzechInvest. Other databases are usually limited to specific regions and are maintained by regional development agencies.Aside from the offer of comprehensive information on various locations, the National Brownfields Database also provides information on possibilities of financing brownfield regeneration, especially from EU structural funds, as well as information on how much aid is available from EU and state resources and the conditions for obtaining grants.
Functional partnershipPublic-private partnerships can be of vital im-portance in the regeneration, as the combined efforts of the partners make it possible to achieve objectives that would not be possible if the part-ners acted separately. There are numerous ways in which such cooperation can work. Partnership is useful and effective especially in cases where there are unsuitable conditions for project implementa-tion by private investors on their own. The main advantage of any PPP is that it can allow earlier and faster infrastructure development with less financial risk for both sides. Infrastructure costs need not be passed on to the end user. PPP projects are successful when there is a clearly defined objective and the partnership is properly structured, transparent, and supported by the public.
Brownfield revitalisation is often more complicated than construction on a greenfield site, as it adds an additional set of risks. The investor may be faced with the unforeseen complications connected with demolition of structures and elimination of ecolog-ical burdens left over from the give site’s previous use, which could delay the site’s refurbishment. On the other hand, there are also advantages to brownfields, as they tend to be well connected to roads and utilities, have existing infrastructure capacity that can be exploited, and are better linked to public transportation networks. Furthermore, brownfield regeneration does not require the remov-al of property from the agricultural land fund. Typically, for an investor who finds value in some form of public-private partnership, return on investment can be achieved within ten to fifteen years. It is clearly necessary to prepare a qualified study which details expenses in relation to expected revenues over this period from the fu-ture sale or lease of the property.The Czech real estate market is still relatively young and volatile, which makes it difficult to es-timate the final result. The key attributes of any business plan in such a market include simplicity, speed and ease of the investment activity, which is not something usually offered by brownfields. However, brownfield projects can be successful in the real estate markets, as they offer original-ity and innovation, which are often advantages in terms of marketing. The growing success of commercial investment in previous brownfield sites and the resulting growth in the number of job opportunities contribute materially to the improvement of local living standards and to positive demographic development. The inhabitants of areas where revitalised brownfield are located, including the young graduates of local universities, are thereby encouraged to stay and build their pro-fessional careers there.
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Sustainable construction
in the Czech RepublicSustainable construction is currently a pervasive theme
in the work of architects, designers, developers and building companies. In practice, it is possible to encounter
various approaches to this issue, from simple monitoring of the relevant legislation to proactive formulation of sustainable solutions. One area of permanently
sustainable construction is the regeneration and use of brownfields in new building projects.
he National Brownfields Database administered by CzechInvest offers locations prepared to meet the needs of both domestic and foreign investors. On the one hand, the database aids the re-
vitalisation of abandoned and disused sites and, on the other hand, makes it easier for investors to select the most appropriate places for doing business in the Czech Republic. The database is available to the public at www.brownfieldy.cz and currently contains records of more than 500 brownfield sites that are for sale or for lease, and that number will continue to grow.Within the Operational Programme Enterprise and Innovation for Competitiveness 2014-2020, the Ministry of Industry and Trade is introducing a total of 24 aid programmes. Aid recipients will be able to use funding from these programmes
for co-financing business projects in the manu-facturing industry and related services. The objective of brownfield regeneration is to increase the attractiveness and value of indi-vidual sites to the point where they can compete directly with greenfield construction projects. An abundant offer of revitalised sites and assured financing of the cost gap from the public sector will help to reduce the use of land for green-field investments, which are in contravention of the principles of sustainable development.
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The National
Brownfields Database
(www.brownfieldy.org):
David LabardinChairman of the Board
VCES PROPERTY DEVELOPMENT [email protected]
www.vcespd.cz
The primary basis of the brownfields database is the Research Study for Identification of Brown-fields, which was conducted by CzechInvest from 2005 to 2007 in all regions of the Czech Republic other than Prague in cooperation with individual regional authorities. The purpose of the study was to find and describe disused and ineffectively used sites and to use the acquired information for preparing other projects and documentation pertaining to solutions aimed at revitalising such sites. The National Brownfields Database is instru-mental in finding the optimal uses for these sites. The database supports investments in the areas of business, housing, recreation and other fields, thus contributing to the health of the environ-ment, as brownfield regeneration gives new life to neglected sites. Cities and towns containing brownfields are seeking sensible uses for them. However, they are also encountering certain restrictions in the form of limited resources for financing regeneration projects. In the past, a number of municipalities sold a part of their holdings with the intention of acquiring the necessary funding. Recently, however, they have changed their approach and city officials are now seeking new ways to turn brownfields into interesting and attractive places for living, often drawing inspiration from abroad.
A new approach to using brownfields One of the new ways of revitalising brownfields is the Better Living concept which, as its name implies, involves creating places with improved quality of life for current and future residents. Modern property developers are approaching development projects in a much broader context than previously, at the level of city districts, in connection with other parts of the given city and their functional use for everyday life. Urban brownfields have great potential for the devel-opment of this concept. An example of this is London’s Canning Town Centre, the new heart
of the city with housing, a community centre, hos-pital and hotel, complemented with cycling trails and transport infrastructure.
How will a new centre look?Prague’s Radotín district is taking inspiration from abroad in its effort to revitalise a site covering nearly three hectares in the vicinity of its train station. The regeneration plan calls for the three-phase construction of a complex project including a broad spectrum of commercial and residential units (row houses and flats) including public infrastructure, green spaces and a new district centre compris-ing a square and adjoining avenues. On the basis of a contract on cooperation, the developer first prepared a comprehensive project study, drew up the relevant documents and applied for a land-use ruling and building permit. The first phase of construction began in the second half of 2015.
Partnership and openness: The keys to success of the Better Living conceptThe success of the Better Living concept depends on partnership with the commissioning party, which in this case is the Radotín district of Prague. With Design & Build projects, which are implemented gradually with the assistance of both involved parties, close cooperation is the decisive factor. Thanks to this, the devel-opment company could correctly incorporate the investor’s intentions into the project and thus find the best way to use the given site in the ten-der. Together with the city, the developer had to work out the initial concept and reconcile the requirements for public infrastructure with the possibilities of commercial develop-ment. During its presentation, the project was also consulted with the residents of Radotín, who expressed, for example, interest in transport and parking solutions, to which the developer gave due consideration in conjunction with City Hall and incorporated these solutions into the project
Brownfields and sustainable construction
in order to support its social sustainability. The idea is to formulate an open project in which the creation of public spaces (squares, green spaces) will lead to the proliferation of meeting spots, which are highly important in an urban setting with a strong sense of community. Private buildings are subordinated to this concept, so they are not fenced in and thus do not become enclosed spaces in and of themselves.
A revolution in development, or a view of the futureAt present, half the world’s population (i.e. 3.6 billion people) lives in urban agglomerations. It is expected that by 2050 the global population will grow to more than nine billion, of which 6.3 billion will live in cities. By 2025, the number of cities with more than ten million residents will grow from the current twenty to at least 37. Today we are already financing the challenge of building smart cities in a sustainable manner that will ensure a high quality of life both for us and for future generations while also protecting the environment in which we live. In smart cities, digital technologies are being used to improve public services and to make the use of resources more efficient while reducing the impact of human activities on the environ-ment. Smart cities are places where traditional networks and services are becoming much more efficient thanks to digital and telecommunica-tions technologies and bringing forth more ben-efits for their residents and businesses. However,
the concept of smart cities involves much more than the introduction of modern information and communication technologies to improve the use of resources and reduce emissions. It also involves, for example, more efficient public-trans-port and utilities networks, as well as waste-treat-ment facilities and better means of lighting and heating buildings. The concept calls for far more active and sensitive administration of cities, safer public spaces and satisfaction of the needs of an aging population. There are no clear rules that strictly define what a smart or sustainable city is. However, we can find throughout the world numerous interest-ing approaches to sustainable building and rebuilding of cities. In the ideal case, the concept of smart cities could be defined as resting on sev-en basic pillars: mobility, connectivity, safety, smart networks, the environment, city administra-tion and the social aspect. The Bouygues group has been actively working on bringing the concept of smart cities to life for more than ten years by seeking out new ways of thinking as well as new construction methods and partnerships in fields of human endeavour outside the construction industry. Unique and interesting examples of smart-city projects undertaken by the Bouygues group include the Issy Les Moulineaux suburb of Paris, Brick-ell City Centre in Miami, Canning Town Centre in London, the Eikenott residential quarter in city, Switzerland, and participation in the ongoing Wise City project in Hong Kong.
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The time is now: The property market
in the Czech Republic has never been better for tenants
Signing a lease contract for office, retail or warehouse space represents a significant commitment for any business.
The same goes for doing business in the Czech Republic, where the standard international real estate market terms
and conditions generally apply when a company leases a business property. Let us review a few of the most
important contractual points such as rental level, lease term, incentives, indexation, service charges and security deposit.
ental levelsIn real estate, one important axiom applies: “location, location, location”. Location, translated into the economic basics of supply and demand, strongly influences
rental levels of real estate and the amount the landlord can command and the tenant will pay. Czech landlords do not differ in this regard. Prime locations yield prime rents. The Prague 1 districts of Old Town (Staré město) and New Town (Nové město) consistently generate the highest rents for retail and office units. Currently, prime retail
units approach the level of EUR 200/m2/month and prime office space goes for over EUR 19/m2/month. For warehouses, the highest rents have a direct relationship to transport connections. Prague, Plzeň and Brno are the strongest industri-al/warehouse hubs due to their excellent highway access and deep labour pools, which translate into the highest rents of around EUR 4/m2/month. In general, landlords in the Czech Republic de-nominate and charge rents in euros. However, this can vary depending on certain factors. Landlords might also accept payment in Czech korunas at the valid exchange rate.
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Christopher GuildsBusiness Development Director
White Star Real Estate [email protected]
www.whitestar-realestate.com
Lease termThis depends on the type of business and the desired location. In general, an office tenant will receive the best terms on leases of at least five years. The market requires similar mini-mums in retail and industrial spaces. If a tenant can commit for more than five years, this can strategically improve their negotiating posi-tion. Based on the specific requirements and the level of investment, landlords will commonly require longer lease terms of ten or more years for industrial properties, especially for so-called “build-to-suit” spaces. For retail units in the best locations, tenants may seek longer lease terms so as to secure their location. However, if a tenant cannot or does not want to commit for at least five years, they must factor added cost into their calculations. Basically, landlords demands higher rents and provide fewer incentives in exchange for flexibility.
IncentivesMarket incentives take a variety of forms. Most commonly, landlords offer “rent free” and “fit-out contributions”. Over the past few years, the Czech office market reached extremely high levels of competition among landlords due to a wave of speculative office development. This competitive, tenants’ market has led some landlords to offer to pay tenants’ moving costs as an inducement to select certain projects. Simply stated, “rent free” means the tenant does not pay rent for a certain period of time. For years, the standard level of rent free stood at one month per year of the contract. Thus, for a five year lease the tenant could expect to receive five months rent free. Today, these levels have increased and landlords will sometimes offer two months rent free per year of the contract or more. Some ten-
ants would prefer to simply pay a lower average rent. However, commercial real estate landlords prefer rent free because headline cash flows determine property values.“Fit-Out contribution” refers to the landlord’s investment in improvements for the tenant. Generally, landlords limit contributions to apply to true technical improvements or immovable upgrades, such as floor coverings, partitioning and related infrastructure modifications (HVAC, lighting, etc.). Landlords generally do not allow tenants to apply fit-out contributions towards movable improvements, such as furniture and data cabling. However, due to increasing competition among landlords, certain flexibility and ingenuity have arisen in this regard. Traditionally, fit-out contributions have ranged from EUR 50 to 100 per square meter of leased area based upon a five year lease commitment. Today, some landlords – especially developers – offer “turnkey” fit-outs up to a limit of perhaps EUR 300/m2. This makes sense for a developer, which can simply wrap these costs into their development budget and use the con-struction company to complete the works. These levels offered by developers have forced landlords of existing projects to increase their contributions as well. This competition among landlords means good deals for tenants.Incentives offered for retail and industrial units differ significantly but generally represent lower savings for tenants. For retail units in the best locations, landlords do not offer any incentives. In less attractive locations, retail tenants might negotiate a rent-free incentive. The same applies for industrial real estate. Industrial tenants can receive fit-out contributions as well, but the land-lord will expect to rentalise the contribution (i.e. amortize the cost of the investment over the lease term, possibly even with interest).
Leasing of commercial property
Companies can utilise this situation to up-grade their office space while saving on costs at the same time.Consequently, when added up, the incentives on offer today from landlords to tenants can provide significant savings, especially for office tenants.
IndexationIndexation refers to annual adjustments of the rental level generally on the basis of a cost of living index. Landlords seek these adjustments to cope with overall inflation in the economy. Ten-ants seek to limit this figure so as to control and better forecast costs. The chosen index depends on the specific business. In the Czech Republic, landlords and tenants seem to prefer the Harmo-nised Index of Consumer Prices (HICP) for the Eu-ropean Union. Landlords might also demand a minimum indexation figure, for example 1.5%. This means that even if statistical agencies report a low-er inflation figure, the rent automatically increases by this minimum amount. Tenants might also de-mand a maximum indexation figure as protection against unforeseen inflationary pressures. Fixed indexation can represent a compromise for both parties.
Service chargesLeasing commercial property entails consum-ing a variety of ancillary services. These services include utilities (electricity, water, heating and
cooling), security, cleaning of common areas, building reception and general maintenance of the property. The scope and cost of the of-fered services will vary significantly depending on the class of the property (A, B, C, etc.) and the type of property (office, retail, industrial, resi-dential). For industrial properties, service charges are roughly EUR 1/m2/month. For both office and retail properties, service charges range from EUR 1 to EUR 5/m2/month depending on the quality of the building and the services offered. For retail properties, a marketing fee will also be included on top of the standard service charges. In the best case, the landlord will not add any margin to the individual services and will also provide an annual reconciliation of the service charges on a transparent “open book” basis.
Security depositLandlords of commercial real estate will always demand some form security deposit, even from the best companies. Many times, the banks fi-nancing the property will determine the necessary levels of security deposits. The market standard requires a tenant to provide security at the level of three months’ rent and service charges plus the applicable value added tax. This level of three months can vary depending on the solvency of the specific tenant. Tenants will have the choice of providing this security in the form of a cash deposit or a bank guarantee.
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Map of the Czech Republic
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Plzeň
Karlovy VaryÚstí n.L.
Liberec
Prague
České Budějovice
Jihlava
Zlín
Olomouc
OstravaPardubice
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The rebounding retail market
Before the global economic downturn, which notably affected the retail market, the Czech Republic had one of the most
active retail markets in Central Europe. Due to the downturn, development of the retail market slowed considerably until
2011, when growth resumed. The volume of shopping-centre stock reached 2.3 million square metres in Q3 2015.
otal density of 220 m2 of retail space per 1,000 inhabitants places the Czech Republic above the European average. Within Cen-tral and Eastern Europe, this figure is the third highest after Poland and
Slovakia and significantly above that of the Hungar-ian and Romanian markets. Few shopping centres are currently under construction or planned. We expect limited development, especially of very large shopping centres, and stronger focus on smaller projects in high-traffic areas. The exception is Prague, which has significantly higher purchasing power and a better economic situation. The strongest demand remains in the city’s prime shopping centres and high streets. Due to the strong competitive environment, diversification of the market is gradually increasing in terms of the retail development projects as well as tenants as well, as the strong get stronger and the weak get weaker.
Supply The Czech retail property market has nearly tripled in size in the past 10 years. The biggest shop-ping-centre boom was recorded between 2004 and 2008, when almost 1 million square metres of mod-ern shopping-centre space was delivered to the mar-ket (38 new projects and eight expansions), of which 40% was located in Prague, 10% in Brno and 8% in Plzeň. Construction declined rapidly after 2008,
finally bottoming out in 2011, when only one small shopping centre of 6,400 m2 was opened.Czech retail property development has since recov-ered and is stable now. Over 100,000 m2 of modern shopping-centre space was added to the market in 2012. During 2013 seven new shopping centres and two expansions with a total area of 162,000 m2 were completed. This was the largest supply of new, modern retail space since 2008. Apart from two large construc-tion projects in 2013, namely Centrum Černý Most (expansion) in Prague with over 44,000 m2 and Galerie Šantovka in Olomouc with almost 50,000 m2, develop-ers focused on smaller regional projects with less than 10,000 m2. Development in smaller regional cities re-flected the need to adapt to the demands of customers who are now less willing to travel for shopping.Three shopping centres with a total combined area of more than 30,000 m2 are currently under construction, of which two should be delivered by the end of 2016. The biggest delivery is expected in 2017, when Centrum Chodov will open its second phase and become one of the biggest shopping centres in the Czech Republic. Another three projects with a total volume of 32,500 m2 of modern retail stock are in the planning stage.
DemandThe situation on the Czech retail market has been relatively stable for the past couple of years. The Czech Republic ranks highly in attractiveness
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Project City Status Type Size (m2) Year Developer
Aupark Hradec Králové Hradec Králové UC Medium 20,900 2016 HB Reavis Group
Galerie Prerov Přerov UC Small 13,500 2016 Prior
Centrum Chodov Prague UC Very Large 40,700 2017 Unibail Rodamco
Central Jablonec Jablonec n. N. Planned Small 13,000 2017 Crestyl
Bořislavka Prague Planned Small 10,000 2018 KKCG
NC Královo Pole Brno Planned Medium 9,500 2018 Tesco Stores
Nová Palmovka Prague On hold Small 8,000 n/a Metrostav
Palác Stromovka Prague On hold Small 13,000 n/a Lordship
Planned shopping-centre development
Note: UC – Under constructionSource: CBRE Research
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The Czech business-property market at a glanceThe Czech property market has developed signif-icantly over the last two decades. The country’s economic development over this period combined with its integration into the global economy has led to increasing demand from tenants for modern facilities as well as to major investments in new real estate development. Today the market offers a robust supply of modern A-class properties in all commercial segments. Whether a firm is looking for modern industrial facilities, impressive offices or retail space, it should always be able to find an already existing or planned property that meets its needs. For example, Prague offers more than 3.2 million square metres of modern office space and
the country as a whole has more than 5.5 million square metres of modern industrial space. The Czech Republic is classified as having a trans-parent and low-risk real estate market and is one of the most desirable CEE markets among real es-tate investors. International investors have success-fully established their presence here. Development activity backed by locally raised capital has also increased and in some cases is starting to compete with cross-border capital. Current investment figures represent one of the strongest years in the market’s history and certainly the strong-est since the economic downturn. As of Q3 2015, the Czech Republic leads in terms of investment volumes with a share of 43% within CEE region.
Shopping-centre density (m2 per 1,000 inhabitants, Q3 2015)
Prague
645 m2 p.c.*
Liberec
1,440 m2 p.c.*Usti nad Labem
240 m2 p.c.*
Karlovy Vary
725 m2 p.c.*
Plzen
705 m2 p.c.*
Ceske Budejovice
760 m2 p.c.*
Jihlava
565 m2 p.c.*
Brno
590 m2 p.c.*
Pardubice
510m2 p.c.*
Hradec Kralove
637 m2 p.c.*
Ostrava
585 m2 p.c.*
Zlin
770 m2 p.c.*
Olomouc
1,315 m2 p.c.*
< 100 170 300 >
*per 1,000 inhabitantsSource: CBRE ResearchSource: CBRE Research
Growth of shopping-centre stock as at Q3 2015
Total stock New supply Under construction Planned
2,500,000
2,000,000
200,000
1,500,000
150,000
1,000,000100,000
500,000 50,000
0 0
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2005
2007
2011
2009
2013
2006
2008
2012
2010
20142015 (f)2016 (f)2017 (f)
Klára BejblováHead of Research & Consulting
CBRE [email protected]
www.cbre.cz
for international retailers in Europe, especially thanks to the high purchasing power of Prague and stable GDP growth. According to a survey conducted among international retailers, the Czech Republic ranked 11th among targeted markets for 2015, which shows that retailers have trust in the local market.When entering the Czech market, retailers mostly look for prime shopping centres, which are mostly located in Prague, and high-street locations in Prague. A lot of retailers also consider entering the market through franchising, though it is sometimes difficult to find a suitable partner. Subsequent expansion to the regions is relatively slow and some international retailers do not want to expand to the regions at all, which increases the importance of local retailers. Conversely, international retailers that have developed their operations in the Czech Republic (including partial Czech management) can utilise local knowledge and expand further.
Rental ratesThe average high-street rental rate grew until 2008, when it reached the peak at EUR 180/m2/month. Subsequent to the economic downturn, it dropped slightly and remained stable until 2012. Rising interest in high-street locations in Prague and the lack of available space have been placed pressure on rents. The prime high-street rental rate in Prague has been gradually increasing since 2012 and currently stands at EUR 195/m2/month. A con-tinual slight increase in rental rates is expected in the coming years. The high-street area with the highest prime rent is on Na příkopě in Prague. The prime rental rates on other high-streets in Prague differ slightly depending on the attractiveness of the given location.In comparison with other European capitals Prague is still far from having the most expensive high-street rental rates. For example, in Paris and London prime rents are in excess of EUR 900/m2/month.
Retail market
However, Prague has the highest rent among CEE capitals, which illustrates the strong interest that retailers have in the city. The development of the prime shopping-centre rental rate has been more variable than that of prime high-street locations. Rent tripled between 2001 and 2008, when it reached its historical peak of EUR 120/m2/month. During the recession, it dropped to EUR 85/m2/month, where it remained until the first half of 2013. While demand for prime space has been
growing, the opposite is true secondary and tertiary space. Therefore, prime shopping centres have been able to maintain stable and sustainable rental-rate growth thanks to renegotiations and re-leasing strat-egies due to a lack of high-quality space. We expect this trend to continue over the next two years. The prime shopping-centre rental rate currently stands at EUR 120/m2/month in Prague and EUR 65/m2/month in the regions, where we expect it to re-main stable or decline slightly.
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The Czech Republic remains attractive
for industrial tenantsIn terms of investment, industrial properties in the Czech
Republic are one of the most attractive commodities on the real estate market at the present time. All recent
surveys concerning the construction and letting of industrial facilities indicate increasing tenant interest in this type
of real estate. Growing demand on the part of users reduces the vacancy rate, which in turn further boots the appeal
of industrial properties to real estate investors.
he industrial real estate market in the Czech Republic is strength-ened by several important factors:
1. Location – The Czech Republic’s location in the heart of Europe is
ideal for logistics flows to and from Western Europe.2. Infrastructure – The Czech Republic has an excel-lent network of roads and railways with numerous connections to neighbouring countries.3. Skilled workforce – Thanks to its large number of secondary schools and universities specialising in technical and industrial education, the Czech Republic possesses a highly skilled workforce.4. Low labour costs – Although Czech wages are no longer among the lowest in the EU, the cost of labour in the Czech Republic remains lower than in a number of Western European countries.5. Political stability – Long-term political and economic stability is an important factor, especially for foreign investors.
6. Investment incentives – The availability of incentives provided by the Czech government and the EU is of key importance in certain industrial zones. Both the national and local governments endeavour to make selected locations more attractive to investors with a view to promoting their development.
However, the key factor for the development of industrial properties is their users, i.e. tenants. The level of demand generally reflects two basic factors. The first is the expansion of successful businesses operated by existing tenants. This factor is supported by the current economic situation, as practically all forecasts for the Czech Republic point to GDP growth at an aver-age annual rate of 3% during 2014-2016, which is one of the highest figures in Europe. The second growth factor is the influx of new investors who are seeking high-quality space for their production and storage op-erations in the Czech Republic. In this regard, the Czech Republic is currently achieving good results as well.
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Location Square meters
Plzeň 110,000
Prague 83,000
Vysočina 44,000
Hradec Králové 27,000
Ostrava 25,000
Brno 20,000
Olomouc 21,000
Pardubice 16,000
Karlovy Vary 15,000
Warehouse/production space under construction in prime locations in 2015
Source: P3 Logistic Parks
Total stock of modern industrial space in the Czech Republic
Czech Republic Prague
3,000,000
4,000,000
5,000,000
6,000,000
m2
2,000,000
1,000,000
02010 20132011 2012 2014 2015 H1
Tomáš MíčekCountry Head Czech Republic
P3 Logistic Parks [email protected]
www.p3parks.com
Growing demand has brought about a reduction of the vacancy rate of industrial properties. The av-erage vacancy rate is currently 6.9%, the lowest value in recent years.
Record yearAll developers in the market are responding to the rising demand. Current statistics from the Industrial Research Forum, whose members include CBRE, Colliers International, Cushman & Wakefield and JLL, show that a total of 268,600 m2 of warehouse space in ten industrial parks was completed in the Czech Republic in Q3/2015. That translates into the highest quarterly delivery of new space since 2009. The Amazon project in Do-brovíz near Prague accounts for a significant part of the new space, as it comprises 133,000 m2 of leas-able area, including mezzanine and office spaces. Construction of new industrial space has reached 408,000 m2 in the first three quarters of 2015, which is more than all the space completed during 2014 (388,000 m2). The total stock of modern warehouse and industrial space in the Czech Republic amounted to 5.54 million m2 at the end of Q3/2015.
Established and new locationsAreas near large cities, particularly Prague, Brno, and Plzeň, attract the highest levels of industrial real estate investment. Recently, however, there has been a consistent rise in demand for previous-
ly less popular locations. There are several reasons for this, one of which is that there is very limited availability of land where industrial properties can be built near Prague and Brno. Another important factor is workforce availability, as because some areas have practically no additional capacity in this respect. It clearly makes no sense to build new industrial and logistics facilities in a location where future tenants will not be able to recruit staff. As a result, focus is shifting to previously overlooked areas, which offer not only suitable land, but also a more plentiful workforce. All criteria considered, these locations are becoming increasingly interest-ing to investors. An example is the first industrial zone in Cheb in the Karlovy Vary region, where the construction of a production facility for the BWI Group, a supplier of vehicle chassis, began earlier this year. The Moravia-Silesia region is another area on which investors are focusing thanks to the relative abundance of available workers there. Hyundai Mobis plans to build a factory that will create 1,000 new jobs in an industrial zone in Mošnov, subject to an agreement between the investor and the government. Another loca-tion with strong potential is the Moravia-Silesia development zone spread across a triangle de-limited by the cities Ostrava, Havířov and Karviná, where Mölnlycke Health Care, a Swedish producer of medical devices, has started construction of a new manufacturing plant. The facility will provide 290 new jobs.The current situation can be illustrated by the fact that 376,800 m2 of production and warehouse space is currently under construction in the Czech Republic. Approximately one-third of these projects were launched between July and the end of September 2015. Construction of an additional 190,000 m2 of new space is scheduled for com-pletion in the last quarter of 2015. The location of the new facilities is shown in the following table.
Production facilities and warehouses for e-commerce?For obvious reasons, the traditional role of indus-trial real estate as a place for creating or enlarging production capacities is of fundamental impor-
Industrial and warehouse market
tance for the economy of every country. Despite being a relatively new sector, e-commerce is another phenomenon that is gaining more and more importance in shaping the industrial real estate market. The growing volumes of purchases made through e-shops are increasing the demand from e-commerce companies for modern ware-house space. This type of industrial real estate needs to be close to customers on the one hand and meet the specific requirements for the op-eration of an e-commerce business on the other.
An important aspect is the need to have pickup points for end customers. It is therefore likely that industrial parks near large cities will be trans-formed over the next few years in line with their new function. Logistics operations will move further from urban areas and industrial parks will be built in suburban locations to serve the needs of light manufacturing and retail. These parks will have offer efficient transport for employees and end customers and thus they cannot be in inac-cessible areas.
The nationwide vacancy rate is 6.9%, having dropped by 90 b.p. since Q1/2015 and by 188 b.p. since Q2/2014. This figure represents 363,400 m2 of modern industrial space ready for immediate occupation. As at the end of 2015, the vacancy rate in Prague is identical to the national average at 6.9%.
6,9% Vacancy
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Where to find the best office
in the Czech RepublicThe Czech Republic is considered attractive due to its good
accessibility and infrastructure, as well as its appeal to foreign employees who may be required to relocate
to the country. The main advantages of the Czech Republic are its positive investment climate, highly qualified local workforce and rapidly developing availability of modern
office space both in Prague and in regional cities.
usiness in the Czech Republic is highly concentrated in the coun-try’s capital, Prague. This explains Prague’s dominance in terms of office stock and the fact that the majority of blue chip companies
operating in the Czech Republic are located there. Total office stock in Prague stood at 3.13 million m2 at the end of H1 2015 in comparison with 483,000 m2 in Brno and 205,000 m2 in Ostrava. Brno and Ostrava are the second and third largest cities in the Czech Republic, respectively, in terms of both population and area. Prague belongs to the most significant cities in terms of total office stock per square kilometre (0.6% of the city’s area is occupied by offices). Other cities in the Czech Republic are economically less significant than Prague, Brno and Ostrava, so it stands to reason that total volume of office stock offered outside the “big three” is relatively small. Where office stock is concerned, Prague is com-parable to other major Central European cities. The Czech capital has approximately the same
amount of office space as Budapest, though Budapest is 6% larger than Prague and has 39% more inhabitants. Furthermore, at the end of H1 2015, Prague had 65,000 m2 more office space immediately available for rent than did Budapest. Total office stock in Warsaw is 1.5 times greater than in Prague, though that city has only 20% more available supply and the average office rent in Warsaw is 19% higher. Bratislava’s total supply of office space was half that of Prague’s at the end of 2015 and the Slovak capital had only one-third as much available stock.
Prague office market
SupplyAs previously noted, total office stock in Prague amounted to 3.13 million m2 at the end of H1 2015, with grade-A space accounting for 69% of that volume. Ten new office buildings totalling 193,300 m2 were completed in 2015. The largest buildings completed in 2015 are BB Centrum DEL-TA (40,600 m2) in Prague 4, Metronom (29,900 m2)
B
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H1 20132,
890,
000
416,
000
429,
000
462,
000
482,
000
483,
000
194,
000
194,
000
194,
000
201,
000
205,
000
2,96
0,00
0
2,96
0,00
0
3,03
6,00
0
3,13
5,00
0
PragueBrnoOstrava
H1 2014
H1 2015
H2 2013
H2 2014
Total office stock in the biggest Czech cities
Source: Colliers International / Prague Research Forum
in Prague 5, Enterprise (29,000 m2) in Prague 4 and Aviatica (27,000 m2) in Prague 5. Projects currently under construction and scheduled for completion in 2016 include, for example, Fu-turama Phase III (9,100 m2) in Prague 8 or Classic 7 Phase III (5,600 m2) in Prague 7. In 2014, a total of 148,800 m2 of offices were completed, which was the largest volume since 2009. Of the 16 new or refurbished buildings making up this total, the largest were City West C1 and C2 in Prague 5 (24,100 m2), ArtGen (23,800 m2) in Prague 7 and River Garden II and III (22,700 m2) in Prague 8. Ap-proximately 40% of the stock added in 2014 had already been leased by the end of that year.
Take-up/demandGross take-up (including renegotiations) reached the healthy figure of 200,400 m2 in H1 2015 (gross take-up reached 332,000 m2 in 2014). The office market is booming as many companies are ex-panding and moving to modern offices designed in accordance the latest technological trends. Thirty-three percent of the total gross take-up comprised net take-up (new occupation) in H1 2015 as well as in 2014.The largest relocation transaction of H1 2015 was Mi-crosoft’s pre-lease of BB Centrum DELTA (11,600 m2) where Colliers International represented Microsoft in the deal. The largest transaction of H1 2015 was O2’s renegotiation (29,600 m2) at BB Centrum GAM-MA in Prague 4. The largest relocation transaction of 2014 was Hewlett-Packard’s pre-lease (18,000 m2) of BB Centrum DELTA, though the largest transaction of 2014 overall was the renewal of Česká pojišťovna’s lease of 24,100 m2 in Prague 4. IT was the most active business sector in terms of leasing activity in 2014 (18% of gross take-up), followed by professional services (14%) and insurance companies (11.5%). The top three districts in terms of total leasing activity (gross take-up) for the whole year were Prague 4 (33%), Prague 8 (18%) and Prague 1 and Prague 5 (each with 14%).
VacancyThe average vacancy rate in Prague (2013-2015) remained slightly above 14%. The vacancy rate
space are currently under construction in four new buildings, namely Building O (15,200 m2) and P (15,000 m2) in Areál Slatina, project Dorn (7,200 m2) and Polyfunkční dům Smetanova (1,500 m2), which is the only project expected to be completed in 2015; the other projects are planned to be completed in 2016-2017. A-class properties comprise 80% of the city’s modern office stock.The tallest building in the Czech Republic, AZ Tower, is located in Brno. It offers 17,000 m2 of commercial and residential space, including more than 9,000 m2 of offices.
Take-up/demandGross take-up (including renegotiations) reached 26,400 m2 in H1 2015, which was two times higher than in the same period of the previous year. By way of comparison, gross take-up in 2014 reached 52,900 m2, so this year’s figure is set to match that of the previous year. The largest transaction of H1 2015 was IBM’s renegotiation (12,900 m2) at Techno-logický Park Brno. The busiest quarter in Brno was
H2 2014, when gross take-up reached 43,900 m2, a five-fold increase over the same period of the pre-vious year and three times higher than in H1 2014. This significant increase was mainly a result of the Honeywell’s renegotiation of the lease on its Hon-eywell Office Campus (14,400 m2) at CTPark Brno combined with its expansion (5,100 m2) on the same property.
VacancyAt the end of H1 2015, tenants could immedi-ately lease 79,600 m2 of offices in different Brno locations. The vacancy rate fell to 16.5%, a decline of 3.1 percentage points compared to H2 2014. It should be noted that 94,700 m2 of modern office spaces were vacant at the end of 2014, so it is apparent that the market has been quite active in recent months.
RentsIn H1 2015, prime headline rents in the Brno office market remained stable at EUR 12.50/m2/month.
was 16.8% at the end of H1 2015 but no signifi-cant growth in the overall vacancy rate in Prague is expected in the future due to the strong pre-leasing activity recorded in recent months. There were 526,000 m2 of offices available for im-mediate occupancy throughout Prague at the end of H1 2015.Prague 1 continued to have the largest amount of available office space (93,200 m2) at the end of H1 2015, though this amount represented a 10% decrease compared with the corresponding Q1 2015 figure. Other districts with large amounts of available office space were Prague 5 (87,500 m2) and Prague 4 (87,400 m2). The smallest amount of vacant space was in Prague 3 (21,500 m2), though this figure has nearly doubled com-pared to Q1 after completion of Crystal Prague (12,800 m2) in Q2, which did not have a high level of pre-leasing. Prague’s highest vacancy rate was recorded in Prague 7 (35.6%), while the district with the lowest vacancy rate was Prague 4 (10.4%).
RentsPrime rents have been under pressure in recent years; however, in Q2 2015 rents were comparable with Q1 and rarely rose above EUR 19/m2/month. The upper range of inner-city rents remained at EUR 14.50-16.50/m2/month. The outer-city range remained at EUR 13.00-14.50/m2/month. The city-wide average rent has also remained stable at EUR 13.30/m2/month. Rent-free periods and con-tributions towards tenants’ fit-out (i.e. tenant incen-tive packages) remained key features of the office letting market.
Brno office market
Brno is home to the Central European operations of many well-known multinational corporations such as Deloitte, Honeywell, IBM, KBC, Red Hat, Samsung, SAP and many others (demand for office space is associated mainly with BPO/SSC/CC operations).
SupplyTotal modern office stock in Brno reached 483,000 m2 in H1 2015. An additional 38,800 m2 of office
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Jana VlkováDirector
Office Agency and Tenant RepresentationCOLLIERS
www.colliers.com
Sylva KrtilováSenior Leasing Manager
IMMOFINANZ Services Czech [email protected]
www.immofinanz.com
Ostrava office market
Ostrava as well as Brno is home to the Central European operations of many well-known multi-national corporations such as ABB, AXA Assistance, Certicon, CGI, DAS, OKIN, Siemens, Skanska, UniCredit and many others.
Stock In H1 2015, the volume of modern office stock in Ostrava was half that in Brno, though two new buildings – VIVA (2,100 m2) and TRIDENT (2,600 m2) – were completed during that period at the Ostrava Science and Technology Park. A-class properties comprise 71% of the Ostrava’s modern office stock.
Take-up/demandGross take-up reached 7,300 m2 in H1 2015, repre-senting a decline of 10% in comparison to H2 2014. No renegotiations of current tenants were recorded in the first half of 2015, so net take-up was equal to gross take-up. The largest deal in the first half of 2015 was the expansion of OKIN Group (4,400 m2) in the Orchard Ostrava office complex, followed by Xavio’s new lease (950 m2) at the National Busi-ness Centre.
The largest deal of 2014 was the new lease tak-en out by the municipal council of the Moravská Ostrava a Přívoz district in a Building on Dr. E. Beneš Square (5,500 m2). Other notable deals included new leases taken out by ABB (3,000 m2), AXA Assistance (2,000 m2) and UniCredit Bank and Leasing (1,000 m2) in Nová Karolina Park.
VacancyA total of 49,200 m2 of modern office space was vacant at the end of H1 2015. At 24%, Ostra-va has the highest vacancy rate of the Czech Republic’s three biggest cities, so potential tenants can choose from a greater variety of office facilities.
2010
18,00
17,00
16,00
15,00
14,00
13,00
12,00
11,00
10,00
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Average headline rent
2010
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250,000
200,000
150,000
100,000
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2011 2012 2013 2014 Q1-Q3/2015
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Development completions
RentsPrime headline rents in the Ostrava office market remained stable at around EUR 11.50 /m2/month since the end of 2013.
Prognosis
The recent positive economic performance of the Czech Republic may now be seeping into the decision-making of corporations that are looking to occupy additional offices or set up new operations. Prague experienced a very high level of activity on the leasing market in H1 2015 (the second quarter proved to be a particularly strong period even if one ignores the large lease renewal of the telecom provider O2). On the sup-
ply side, we are also experiencing above-average levels of new office completions, with 193,300 m2 hitting the market in 2015. Given the increased levels of pre-leasing activity being recorded across the office market, we do not expect significant growth in Prague’s overall vacancy rate in the near future. The outlook for rents is that they will remain flat in the near future. Only once the current overhang of vacancy starts to recede we will see landlords lowering the level of tenant incentive packages. Conversely, we can expect to see land-lords reduce the level of tenant incentive package only after the vacancy rates begin to drop. Companies considering moving to new offices in Prague can easily compare rents in different parts of Prague in the map on the right.
Source: Colliers International Source: Colliers International
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4
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98
6
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Offices in Prague
Prague 5 SmíchovHeadline rent sqm/month:
EUR 14.50 - 15.50Vacancy rate:
16.42%
Prague 5 Outer CityHeadline rent sqm/month:
EUR 13.00 - 14.50Vacancy rate:
22.21% Prague 4Pankrac/Chodov
Headline rent sqm/month: EUR 14.00 - 15.00
Vacancy rate: 11.61%
Prague 8 Karlin Headline rent sqm/month:
EUR 13.00 - 15.00Vacancy rate:
12.56%
Prague 1 City Center Headline rent sqm/month:
EUR 17.50 - 19.50Vacancy rate:
16.34%
Source: Colliers International
Office market
City CenterInner CityOuter CityTendencyUnderground
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The plastic explosive is named after Semtín, where
it was first manufactured in 1964. The plant was
later renamed as Explosia, a subsidiary
of Synthesia. Semtex was invented by Czech
chemist Stanislav Brebera.
Semtex
Czech inventor Otto Wichterle designed
and produced the first soft contact lenses
in 1961.
Soft contact lenses
The word “robot” was coined by Czech
writer Karel Čapek.
Robot
This common form of sugar was first
produced at a sugar mill in the town
of Dačice in 1843.
Sugar cubes
lighting rod was invented by Czech
inventor Václav Prokop Diviš in 1754.
Lightning rod
The inventor of the maritime screw propeller, Josef
Ressel, was from the Czech lands. Ressel had
a ship-propulsion system comprising a steam
engine and screw of his own design patented
in 1827.
Screw propeller
In 1910-1912, Czech scientist Viktor Kaplan
invented the Kaplan turbine, which became
the most significant type of turbine used in large
hydropower plants around the world.
Kaplan turbine
Czech physicist Armin Delong introduced the first Czech
electron microscope into production in 1949, which later
led to the fact that the city of Brno is considered
to be the global centre of electron microscopy.
Electron microscope
Physical chemist Jaroslav Heyrovský invented
polarography in 1922 and is considered
to be the father of electroanalytical chemistry.
He received the Nobel Prize for chemistry in 1959.
Polarography
Moravian scientist Gregor Mendel discovered
the basic laws of heredity and was the first
to use biostatic methods in his work,
the results of which were initially presented
in 1865.
Laws of heredity
The first pilsner-style beer was produced
in Plzeň in 1842.
Beer
Established in 1850, the Czech company Tatra
is the third-oldest car manufacturer in the world.
One of the world’s oldest factory-made cars is the Tatra
Präsident, which was first produced in Kopřivnice in 1897.
Tatra
Drugs developed by Czech chemist Antonín
Holý are part of the most effective available
medications for fighting AIDS, as well as
shingles, viral infections of the ocular
mucous membranes and hepatitis B.
AIDS drugs
Czech neurologist Jan Jánský discovered
the four basic blood types in 1907.
Blood types
Did you know?
Czech discoveries and inventions
Handle the permit and construction processes
Permitting basics If you have a construction project somewhere in the Czech
Republic, you should be aware of the approval procedure before starting construction and the inspection procedure
for building use and the operation agreement, which is quite strictly governed by the Building Act and other related regulations. Czech laws are progressively updated to reflect
construction development, to support investment plans and to promote environmental protection and safety.
n order to facilitate the process preceding the start of construction, a large number of building sites with valid land-use plans are prepared throughout the Czech Repub-lic. However, if a plot you are interested in is located in a rural area that is used for a different
purpose than construction, an official process to modify the existing land-use plan or prepare a new one can be undertaken. With respect to planning development and interests protected by related regional authorities, you have to negotiate with the city government about arrangement of the land-use plan. The city is the entity that issues for a land-use plan and ensures its preparation and approval procedure, which is composed of several steps including public hearings.An environmental impact assessment (EIA) is the initial phase of each building project even if such project is planned in an area with a valid land-use plan. Apart from verification of the new building’s compliance with the land-use plan, all the environmental aspects have to be evaluated on the basis of the project announce-ment and related studies. The existing state is compared with the future situation brought about by the new build-ing and its operation. The environmental limits are veri-fied by specialists and approved by the authorities. Not only the relevant authorities but also the general public have to be informed about all the prepared projects and can express their standpoints regard those projects. The type of EIA procedure specified by Environmental Protection Act to be carried out depends on the scope of the building and its planned operation. An under-limit
announcement is a means of approval for small projects with almost zero impact on the environment. Projects having an insignificant impact are negotiated only in the finding procedure, which culminates with a decision on the given projects, the validity of which announced by means of public notification. The full EIA process is nec-essary in the case of projects that have a negative impact on the environment. In such a case, an EIA statement is issued and has to be incorporated into the announce-ment of the project and approved by the authorities and the public. In accordance with the most recent amend-ment of Environmental Protection Act, verification of this statement has to be carried out before a planning permit application can be submitted to Building Authority.The location of a building and its connection to utilities has to be approved in the planning permit procedure, which can take several different forms depending on the scope of the building and the conclusions of the EIA. Regardless of which form the procedure takes, statements of all the relevant authorities and utility providers have to be collected and incorporat-ed into the planning permit documentation. Though the authorities should issue their statements within the period stipulated by the Administrative Code, in com-plicated cases they have a right to extend the deadline. So the period for issuing statements depends on the au-thorities’ current capacity and reduction of the processing period thus cannot be generally guaranteed.The Building Authority has to carry out all the proce-dures within the timeframe stipulated by the Adminis-trative Code, so the total period of the procedure can dif-
IBasic and related Czech legislation mentioned in the article
Act No. 183/2006 Coll. Building Act Stavební zákonRegulation No. 499/2006 Coll. Building Documentation Vyhláška o dokumentaci stavebRegulation No. 500/2006 Coll. Land-Use Planning Vyhláška o územně plánovací Documentation dokumentaciRegulation No. 503/2006 Coll. Planning and Building Permit Prováděcí vyhláška územního a stavebního řízeníAct No. 100/2001 Coll. EIA Act Zákon o posuzování vlivů na životní prostředíAct No. 76/2002 Coll. IPPC Act Zákon o integrované prevenciAct No. 39/2015 Coll. Act Amending Zákon kterým se mění zákon Act No. 100/2001 č. 100/2001 aj. and Certain Other Acts
Act No. 254/2001 Coll. Water Act Vodní zákonAct No. 500/2004 Coll. Administative Code Správní řád
74 | INVESTORS‘ GUIDEBOOK
fer in each city and be influenced by the situation at the given time, despite the stipulated periods for particular steps, which are precisely defined by the Building Act. Apart from the standard planning permit procedure, when the involved parties are informed by letter or publicly displayed notice regarding the type of EIA pro-cedure, a simplified planning permit or planning agree-ment can be issued in a shorter time. This is possible only if no EIA was required and all the involved parties (the neighbours of the plot in question) have provided their written consent in relation to the project. The other possibility for securing a planning permit is by means of a public contract, which is concluded between the investor and the Building Authority. This document is not prepared by the Building Authority, but rather only reviewed by it, and the participants are involved collectively as the third contract contracting party. After a valid planning permit has been obtained and all the necessary statements collected on the basis of the building permit documentation, a building permit can be applied for. This step is not necessary for the precisely defined group of small and simple buildings with no environmental, public health or safety impacts. A building notice or even no action is required for such buildings.Conversely, for the buildings whose operation causes emissions exceeding limits stipulated by the Integrat-ed Pollution Prevention and Control, a special permit has to be prepared for building permit procedure pursuant to the Integrated Pollution Prevention and Control Act reflecting the best available techniques, which is treated as one of the necessary environmen-tal documents. A procedure completely separate from the building permit is the water treatment permit, which is required by the Water Act. Despite the existence of a collective planning permit for all the buildings on the given plot, some permits are issued by the Building Authority and others by the Environmental Water Treatment Authority. Other that permits pertaining to water management, other special permits are must be obtained from the relevant authorities pursuant to special acts in case of, for example, roads, railways, airports, forests and mining buildings or work in such areas.In a similar manner as in the planning permit stage, the standard building permit procedure can be replaced with the conclusion of a public contract. Furthermore, if
company can save you a lot of time and expense by optimising the proposal, securing suitable permit arrangements and incorporating your operational needs directly in the construction in order to guaran-tee the overall schedule and building costs.Despite all the regulations and general conditions, each permit process is unique due to the purpose of the given building, the impacts of its operation
an EIA statement is not required, a building permit can be replaced with a building permit certificate issued by an authorised inspector on the basis of his contract with the investor. The issuance of the certificate is then reported to the Building Authority, which has to issue a public announcement of the certificate’s validity. To simplify the process and reduce the time required for obtaining a permit in uncomplicated cases, Czech legislation makes it possible to carry out a collective plan-ning and building permit procedure or issue a collective planning and building agreement.When an issued building permit comes into force, construction has to be in compliance with the given permit’s conditions and the necessary steps must be taken to ensure that the start and course of the work are conducted in a legal manner. If structural changes are required by the investor or recommended by the builder, a procedure for implementing structural changes
before completion of construction can be undertaken in a manner similar to that of the original building permit. In some cases, submission of execution documentation can also be one of the authorities’ conditions. Where the standard statutory time periods are concerned, the legally stipulated time deadlines must be met not only with respect to the permit procedures, but also with respect to the validity of documents whose expiration date is specified in the relevant acts. Likewise, the issued statements and permits precise-ly set forth their respective periods of validity and deadlines for completion of the permitted works. It is possible to apply for an extension of these deadlines. Following the completion of construction, a final inspection of the building by all the involved author-ities has to carried out in accordance with the usage rules set forth in the Building Act and all the conditions of the previous permits and statements. If all conditions are fulfilled, a building use agreement is then issued. Due to this quite complicated permit process, which is composed of several steps and can be carried out in several different ways, it is appropriate to use the services of an experienced design and construc-tion company whose authorised designers and specialists are able to adjust your project according to the Czech regulations and prepare all the necessary documentation so that the permit procedures runs smoothly. Moreover, on the basis of efficient building management knowledge, such a professional
1 17 73 39 95 511 1110 102 28 84 46Months
612 12
Securing of permits including design preparation and construction
EIA Finding procedure
Planningpermit
Announce-ment
Construction
Operation
Prepara-tion
Ladislava DvořákováArchitect, TAKENAKA EUROPE
Petr KoljaděnkoBusiness Development CEE, TAKENAKA EUROPE
www.takenaka.eu
Source: TAKENAKA EUROPE Note: General schedule - standard type
Approval process management
Buildingpermit
and its location in the Czech Republic. All these factors can play a significant role in design prepa-ration and the permit procedure, so you should pay close attention to project preparation and consult these aspects with an experienced adviser from the beginning in order to select a suitable plot that is prepared to meet your needs without any special considerations.
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The importance of EIA Over the last two decades, the Czech Republic has
ranked among the most advanced economies in the world, which makes it one of the most suitable
countries for investment projects. One of the indicators showing an economy’s level of development is
the approach taken to protection of the environment and public health.
he environmental impact assess-ment (EIA) is one of the important tools ensuring that the environment and public interests will be pro-tected in the course of any project. In the Czech Republic, the EIA pro-cess is regulated by Act No. 100/2001
Coll. and its implementing regulations and other related legislation such as the Act on the Environ-ment, Water Act, Integrated Pollution Prevention and Control Act and the Building Act.Act No. 100/2001 Coll. is based on the relevant European legislation, in particular Council Directive 97/11/ES of 3 March 1997, on the assessment of the effects of certain public and private projects on the environment. This fact implies that project assessment in the Czech Republic resembles that in the other countries of the European Union.According to the official definition formulated by the Ministry of Environment of the Czech Republic, the “process of environmental impact assessment of projects and concepts is based on systematic examination and assessment of their potential impacts on the environment. The aim of EIA is to discover and describe expected impacts of prepared projects and concepts on the environ-ment and public health in all determining respects and to provide a comprehensible evaluation of such impacts. The process is also has the pur-pose of proposing measures to prevent or mitigate detrimental impacts on the environment.” A slight-ly “more human” expression of the importance of EIA could read as follows:
T
76 | INVESTORS‘ GUIDEBOOK
The purpose of EIA is to maintain harmony between man and his environment; to encourage efforts which will prevent or eliminate damage to the environment and biosphere and stimu-late the health and welfare of man; to imple-ment a strategy of sustainable development; and to allow officials and all concerned citizens to understand the likely consequences of pro-posed actions.In other words, the result of the EIA process should be a compromise between the economic interest of the investor and sustainable protection of the environment and public health.
Project definition
The term “project” or “plan” refers to newly built structures, roads or production facilities, extraction of mineral resources and operations, as well as any changes thereto, i.e. extensions, major technological changes or capacity increases. Any projects outlined in Annex 1 to Act No. 100/2001 Coll. must undergo the EIA process.
EIA as part of the approval process
EIA is an integral and very significant part of the ap-proval process for investment projects. EIA must take place before approval of an investment project and commencement of implementation. The competent authority (Building Authority) must not approve any project without the EIA process having first been completed.
Description of EIA in the Czech Republic
The EIA process in the Czech Republic consists of the following consecutive steps:
Development of EIA documentationThe investor will authorise a specialized company or individual to prepare documentation for identify-ing the environmental and public-health impacts of the project. The content of the documentation and other requisites are defined in Act No. 100/2001 Coll. Documentation for large-scale projects with significant environmental impacts must be prepared by an authorised individual. The list of authorised individuals is available on the website of the Ministry of Environment of the Czech Republic. For such projects, additional expert studies, such as noise and dispersion studies, may be required. Those studies must also be conducted by authorised individuals.The resulting documentation will be submitted by the investor (or its authorised agent) to the compe-tent authority, which may either be the local competent regional authority or, for more complicated matters, the Ministry of Environment of the Czech Republic.
Fact-finding procedureFact-finding is a procedure wherein the competent authority and all involved administrative authorities and self-governing units will evaluate and assess a given project or plan with respect to its impacts on the environment and public health. Public partici-pation is possible here with the raising of comments. The outcome of this procedure is a statement of the authority as to whether the project (and its placement in the given location) can be approved without any further evaluation (negative conclusion of the fact-finding procedure) or whether further evaluation, often referred to as “a full EIA”, is required (positive conclusion of the procedure).
Environmental impact assessment (full EIA)A full EIA primarily involves the obligation to provide an independent expert opinion on the submitted documentation and, in some cases, to conduct public hearing on the project. Similar to the fact-finding procedure, comments from the involved authorities and representatives of the public are considered
here. The EIA process is concluded with the issuance of a favourable/unfavourable opinion of the relevant authority.An expert opinion is submitted by an authorised individual. This expert and the amount of remunera-tion paid to him/her pursuant to the Labour Code are determined by the competent authority. However, the costs of the opinion are borne by the investor.A public hearing is a meeting of representatives of the investor, public administrative authorities and the public where the investor must present to the pub-lic details of its project/plan and its expected environ-mental and public-health impacts as well as proposed measures to mitigate the impacts. The investor must also answer any questions raised by the present repre-sentatives of the public.The environmental impact assessment process is completed with the issuance of and environmental
impact statement, which may be favourable, i.e. the placement of the project/plan in the given location is approved, or unfavourable, i.e. the placement of the pro-ject/plan in the given location is rejected. In the case of an unfavourable statement, the investor may submit for assessment a revised project/plan that, for example, uses different, more eco-friendly technology or involves placement of the project in a more suitable location.
Cost and time required
EIA is a comprehensive and multidisciplinary process associated with financial and time overhead that should be considered by the investor when planning its project. In the case of less complicated projects (approx. 90% of all projects), the process will take four to eight months; for more complicated and special projects, it may require one year or more. In the case of large-scale and more complicated projects (i.e. projects requiring a full EIA), the assessment process may be extended by an addi-tional five to eight months. In some exceptional and highly complicated cases, it may take several years. In the financial respect, the investor must primarily consider the costs of EIA documentation (including expert studies). For a full EIA, the investor must also pay the costs of preparing an expert opinion. The total costs will depend on the complexity and scope of the project, ranging from several thousand to over forty thousand euros.
Petr FantaHead of Consultancy Department, AECOM CZ
www.aecom.cz
Environmental impact assessment
For the EIA process to run smoothly without any unnecessary delays, the investor needs to follow some basic advice and recommendations:
Project location (siting) – For the optimum course of the EIA process, it is of key importance to select a suitable location for the project. Locations intended for the given type of project – e.g. industrial parks – may be best suited to the purpose. A good transport connection and sufficient supplies of energy and raw materials are also important to cover the needs of the project. Locations with the presence of nature and landscape preservation elements, or specially protected species and those near human settlements (the issue of noise and emissions from the operation of the project and induced traffic) and landmarks are not suitable.
Thorough project planning – A project elaborated in great detail will provide relevant information about all substantial aspects of the project to the expert who processes the documentation as well as to the authorities that assess the project. Projects with well-prepared documentation are credible and trustworthy and are generally better accepted both by authorities and the affected public.
Good communication with all involved parties – Good communication between the investor, the expert who will process the documentation, the authorities and the affected public is necessary for an optimum EIA process. It is recommended that the project be discussed in advance with the affected authorities before submitting the documentation and initiating the assessment process. Some comments thus may be incorporated in the documentation in advance, which saves time needed to evaluate such comments during the assessment process.
Selection of an expert for processing EIA documentation – The expertise and experience of the person selected to process the EIA documentation and his/her ability to communicate with all involved parties are very important for a smooth assessment process. In the Czech Republic, there is no shortage of high-quality and experienced experts who meet these criteria.
Recommendation to investors
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The present and future of the building permit
processIn recent years, a number of positive changes have
occurred in the permitting of buildings in the Czech Republic. The most recent major change, which was due
to the implementation of Act No. 39/2015 Coll., which amends Act No. 100/2001 Coll., on Environment Impact Assessment,
has brought forth new obligations in the process related to compliance with the EIA preconditions, though this change
is considered to be positive within the overall context of the changes that have been prepared.
he adoption of an amendment to Act No. 183/2006 Coll., on Urban Planning and the Building Code (the Building Act), at the end of 2016 or the beginning of 2017, when as many as three processes are expected to be combined into one – EIA,
planning permit procedures and the building permit process – will be the most significant change. Thus, investors and the real estate market can enjoy a new standard that is expected to not only accelerate the pro-cesses, but also make them cheaper and simpler.
The present situation (2015)Upon obtaining consent to place a building in a particular location (Zoning Permit, EIA), the build-ing permit process is a relative easier step in the case of an average investment costing EUR 10 million. A great number of relevant authorities and specialists have issued standpoints on respective project, either
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positively or with preconditions, in the previous proceedings. The related subsequent process deals not only with the building’s surrounding in detail, but also with any and all technical aspects of the future construction work and building operation with respect to the structure, ventilation, lighting and water supply, as well as the general impacts on future staff and the environment.At the request of the relevant authorities, the inves-tor (builder) shall attach the following documents to the application:
Documentation pertaining to the building-permit application pursuant to Decree No. 499/2006 by De-cree No. 62/2013, on Construction Documentation.
Documentation comprising standpoints issued by the relevant authorities, institutions, network ad-ministrators, etc., and presentation of the ownership title to the land on which the investment project is to be implemented.
For the purpose to facilitating development of the land in the Czech Republic, local authorities issue regulatory territorial plans stipulating the detailed conditions for land usage. These conditions cover the positioning and spatial arrangement of structures, protection of the given area’s value and character and creation of a favourable environment. In certain cases, it is possible to combine a zoning permit with a building permit in order to accelerate the permitting process.In the Czech Republic, zoning permits generally authorise a construction company to start mobilisation on a land plot for future construction. A zoning permit does not authorise full-scale construction, but rather allows construction of external service lines and preparation of the site with regard to cultivated soil layers (arable land).A zoning permit is valid for two years and is a prerequisite for obtaining a building permit. The statutory period for completing the zoning-permit procedure is 60 to 75 days excluding time needed for EIA, if it is required. Prior to submitting a zoning-permit application, the issue of environmental impact must be addressed and the proposed project must approved in this respect by the relevant regional and state
authorities. In principle, there are two possibilities: a fact-finding process with no need for a full EIA and a full EIA. The first option takes six weeks, while the second may require four to five months. At the project-inception stage, it is recommended that the investor select a reputable local provider of comprehensive design and engineering services in order to enhance the strategic project planning.
Michal KrálHead of the Foreign Projects Department
PSG – [email protected]
www.psg.cz
Zoning permit
Time required 60-75 days
Associated
costs
EUR 1,000 (application fee)
Validity Two years
Good to know
Within 30 days prior to submission of the build-ing-permit application, the building-process documentation shall be submitted to the EIA bodies that issued a binding EIA standpoint for the purpose of checking whether the preconditions set forth in the standpoint have been met (coherence stamp).
The following information should be added to the above-mentioned documentation: Prior to sub-mitting the building-permit application, significant construction works are assessed within the IPPC pro-cess governed by Act No.76/2002 Coll., on Integrated Prevention and Mitigation of Pollution (which governs, for example, power sources exceeding 50 MW, cement production exceeding 500T/day, etc.)The following terms are supposed for medium-size investments (with investment volume of approx. EUR 10 million) subject to the EIA process: Documentation processing by an authorized person, integration of planning-permit preconditions + EIA - 75 days
Arrangement of binding standpoints issued by the relevant authorities (approx. 15 bodies analo-gous to the authorities governing the planning-per-mit process) - 30 days
Additional surveys (radon, geology, corrosion, air pollution, noise), simultaneously with and/or prior to documentation processing - 30 days
Issuance of a building permit within - 90 days (30-day public notice, 30-day period for issuance of stand-points, processing and delivery period, 15 days to become finally valid)
Generally, obtaining a building permit for an investment with EIA requires four months
Fees for particular decisions do not exceed EUR 500; fees for the appropriate building permit can reach the maximum of EUR 1,500
The investor (builder) should also take into account the following information: In addition to the building permit, it is necessary to acquire a permit issued by special building authorities for water management structures, road and railway construction.
It is possible to combine the planning and building processes when a particular project is not subject to the EIA process.
It is possible to engage an authorised inspector for construction works when no EIA is conducted in order to accelerate and simplify the process of issuing standpoints issue on the documentation; such inspector is authorised to check the documen-tation, application-related matters and the construc-tion permit. The inspector is obligated to register with the building authority.
The future situation (2016/2017)The Ministry for Regional Development of the Czech Republic, which is in charge of implementing the Czech government’s 2014 programme declaration in the mat-ter of modernising the building-permit process, has prepared a draft proposal for the complete overhaul of Act No. 183/2006 Coll., the Building Act. The draft proposal makes it possible to retain the current permit method but without the combined process, though in principle it changes the building-permit process by applying a coordinated approach, whereas a com-bined permit covering all three steps, which are current-
Martin ZuštíkManaging Director
www.technoprojekt.cz
Building permit
The possibilities afforded by the current legal provisions are not fully utilised by investors. Significant time savings can be achieved through better project presentation, good organisation and cooperation not only in the course of preparing the documen-tation but also in the course of the rel-evant proceedings. It is not necessary to be intimidated by the regulations currently in force in the Czech Republic, though it is necessary to find a specialised local company to assist with the process, cooperate actively with the authorities and other relevant bodies, and to be personally engaged in the process. If such an approach is applied, the investor will always get results. In the past 20 years, numerous major investments have been permitted in the Czech Republic, a great number of them to the satisfaction of both the investors and authorities.
Practical tip
ly separate (EIA, planning permit and building permit), within a coordinated process followed by the issuance of a combined permit.
The amended principles include the following: Process of arranging changes and updating plan-ning-permit documentation reduced by as much as eight months.
Implementation of a coordinated process, which means the planning-permit and building-permit processes in one combined permit.
The combined permit with an environment impact assessment will become part of the coordinated process.
Simultaneously with the amendment to Act No. 183/2006 Coll., an amendment to Act No. 100/2002 Coll. will be implemented (the EIA Act was most recently amended through the implementation of Act No. 39/2015 Coll., which came into force on 1 April 2015). Furthermore, a great number of decrees and related acts (36 in total), such as Decree No. 499/2006, on Con-struction Documentation, and Decree No. 268/2009, on Technical Requirements for Construction, shall also be amended. The above-mentioned decrees pertain to any and all construction works and sets of structures, with the exception of structures relating to air transport.
Conclusion The Czech Republic has a welcoming investment environment. In the present situation, prior to updating of the legal provisions, permits can be obtained for demanding construction projects quite quickly. It always depends on the approach taken in the given local envi-ronment. However, it also always depends on the quality of preparation by the investor and its team. The Czech
Republic still has a rather demanding building-permit process. However, the country is striving to modernise the process, thus making it more efficient, cheaper and, especially, shorter. The proposed changes are expected to come into force at the end of 2016 or early 2017.
By adopting the amendment to the Building Act including settlement of approx. 1,500 principal comments, the Czech Republic will acquire a legal standard comparable to the standards valid in Austria and Ger-many. This will provided significant impetus for investors and the real estate market. However, it also means that it will be nec-essary to change the attitudes of investors with respect to taking an active role in the permitting and implementation processes.
Therefore, if we consider acceleration of the processes to be a main positive factor in the future changes, then the following anticipated changes can be deduced based on current knowledge:
Currently, a project without EIA needs from 6 to 8 months for issuance of the building permit. This period will be reduced to 4-5 months. Currently, a project with EIA needs
from 10 to 12 months. This period will be reduced to 6 to 8 months.
Practical tip
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Cost planning: The first stepNo two building projects are the same and clients have
varying priorities; this is as true in the Czech Republic as it is in the rest of the world.
he client could be a manufacturer requiring a new facility in which to operate their core business or a developer whose core business is generating return on investment by adding value to an existing asset. Each project is defined by a unique
combination of factors and determining what, where, when and how allows us to determine how much.
WhatMost clients who come to the Czech Republic have a precise idea of the scope of their project. Local knowledge will highlight the opportunities for added value through the use of local materials and the tailor-ing of the design for a given location.
WhereSome industrial zones have pre-approved permitting processes for appropriate projects, thus enabling com-mencement of site works in a very short time. Other locations may require a comprehensive planning service including zoning changes and environmental impact assessments.
WhenThe timeline of the project is very dependent on its location and the stage that the client has reached in the development of the project documentation. Time constraints may also influence how the project is implemented.
HowThe most common contractual arrangements in the Czech Republic are contracts based on a bill of quantities (BOQ) with a guaranteed maximum price (GMP), engineering, procurement and construction (EPC) and engineering, procurement and construction management (EPCM) contracts.
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Experience in the Czech Republic shows that the following conclusions can be drawn: The EPC/GMP approach reduces risk and the adminis-trative burden for the client by placing responsibility for project delivery with the contractor. The down-side of this, however, is that the project costs will be higher, as this risk is factored into the price and it is often not possible to finalise detailed specifications for the works prior to appointment of the contractor. Once the contract is awarded, the contractor controls the detailed design and construction process and will aim for the minimum compliant standards with a nat-ural tendency to select the cheapest subcontractors. With the EPCM approach, the project is divided into several trade packages and the packages are awarded to specialist companies. This system gains time for the design process, thus allowing for the pro-duction of more comprehensive project documen-tation, especially for later packages. This in turn yields benefits for the management of the budget with savings on early packages adding to reserves and potentially allowing for upgrades to the later packages. The downsides here are that more risk lies on the client side and with more contractors to manage, project management is more complex and more expensive. However, the client maintains tighter control over the design and budget, and in our experience the overall costs can be 5% to 10% lower compared with procurement via a general contractor.
How muchWhatever the procurement route, it is important to maintain control of costs at all stages of the project.
Typical cost structureThe costs of project implementation can be divided between labour, services and materials (direct costs) and the intrinsic costs associated with the project (indirect costs).
Basic structure of cost categories used in the Czech Republic
IPPC process (Integrated Pollution Prevention and Control), 5-9 months. Costs depend on the type and size of the project.
Construction costs
Demolition and remediation Protection of topsoil Replacement of greenery Actual construction of buildings and operational facilities and their associated infrastructure
Induced investments Contributions to/from other investors (e.g. for common infrastructure)
Indirect costs associated with the location of buildings
Safety and fire-protection measures during construction
Costs of archaeological research Inspection, testing, certification Initial filling and spare parts
Initial costs
Purchase of land Land rental Temporary occupation Easements Exemption from the agricultural land fund Exploratory works on the site Geodetic works Archaeological supervision
Design and engineering works
Standard requirements – typically 10%-15% of construction costs Verification of feasibility – due diligence Studies and concept designs Urban planning documentation for securing planning permission
Documentation for the building permit and obtaining of building permits
Documentation for construction Documentation for tendering
Documentation for implementation Author’s supervision Project management Safety coordination Responsible surveyor Building energy performance certification
Optional/additional planning items
EIA documentation and process – EUR 5,000 to 30,000 (the main additional cost will be in terms of additional time required, which will depend on the EIA category. Category II: 2-3 months. Category I: 5-8 months. These periods may be incorporated into the design process to some extent.)
Supplementary architectural services: interior, lighting, furniture, etc. Costs depend on the scope of the project.
Green Building certification (LEED or BREEAM) costs depend on the size and complexity of the project.
Technology/fit-out costs
Production technology Auxiliary construction Connection to utilities networks Special equipment for operation of technology Measurement and control Production management Waste management Licenses and copyrights Furniture fittings and equipment Trial operation
Indirect costs
Internal project management Construction and installation insurance Energy Connection charges Rents Taxes and duties Financial expenses Administrative and other fees
Cost planning processThe development of the cost plan will follow the design process. In the Czech Republic this would typically be as follows:
a) Concept design – initial cost plan
At this stage, costs are determined parametrical-ly (usually per square metre of floor area or per cubic metre of building volume, in some cases per functional unit) with contingency allowances for uncertainties, especially in relation to the loca-tion (utilities, induced investments, etc.). Historical price data are adjusted for inflation. The reserve at this stage is typically 10%-15%.
b) Documentation for the planning permit –
cost estimate
Costs are determined on the basis of composite unit rates applied to measurable building elements (e.g. rate/m2 of roof, external walls, etc.) Historical price data are adjusted for inflation. The reserve at this stage is typically 7%-10%.
c) Documentation for the building permit – budget
Costs are determined using a combination of de-tailed items and composite unit rates. Historical price data are adjusted for inflation. The reserve at this stage is typically 5%-7%.
d) Control budget
The costs are reviewed and agreed by the client and the project team to produce a cost plan in accordance with the client’s requirements. As the project progresses, the control budget provides the means of planning cash flow and tracking actual spending.
e) Cash flow
Cash flow is calculated in accordance with the construc-tion programme and accounting for the invoicing pe-riods and retention provisions. Retention of up to 10% is typically withheld from interim payments to ensure that the contractor properly fulfils its obligations. Half of the retention (5%) is usually released at handover and the remaining half (5%) is retained during the war-
Vlastislav Filipi and David ArneilHeads of the Cost and Planning Departments
www.pmgroup-global.com
Cost planning
ranty period; the second half is often replaced by a bank guarantee. Invoices should be issued within 15 days of the certification date and payment is usually due be-tween 30 and 60 calendar days from the date of issue.
f) Tracking and cost reporting
At each stage of the project, the cost report provides at a glance: The cost of purchased services (the contracted value) A list of items to be purchased (still to buy, including anticipated additional work, omissions, changes
to standards and specifications) The estimated final account (total of contracted value and still to buy)
The variance to budget (sum of pluses and minuses) The status of contingency allowances (decreases due to the pluses, increases due to the minuses)
An overview of payments for each period (including retention amounts)
The adjusted anticipated cash flow for the remaining billing periods (required, for example, for the plan-ning of loan drawdowns)
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What expats say about the Czech Republic
I really like the unique mixture of Central European history,
European culture, and a rapidly changing westernised society.
John R. Westby Associate Vice President
MSD IT Global Innovation Centre
I enjoy the openness and friendliness
of the Czech people.
Iris Finger Site Manager
PPG Brno Shared Services Centre
The speed of the change in the country
still amazes me.
Gary Thomas Director
Salmon Software International
Ben Creighton Process Engineering Manager
PM Group
For a relatively small country, the Czech Republic punches
well above its weight in creative fields, high-tech research and
professional services.
Christopher Guilds Business Development Director
White Star Real Estate
I really enjoy the wealth of diversity here, which shines through the local
architecture, history and citizenry. Also, having made the investment to learn
the Czech language, I love using it in both my professional and private life.
Hire people
The Czech Republic: Increasing skills in a competitive
labour market
84 | INVESTORS‘ GUIDEBOOK
ndustry is generally the driving force of the Czech economy and has the larg-est share of GDP of the EU countries (47.3%), which makes the Czech Republic the most industrialised country in Europe. The recovery of the Czech
economy is also having a positive impact on the labour market. In 2014, the number of va-cancy enquiries began rising again and this trend continued in 2015. In a year-on-year comparison of the first six months of both years, the number of open vacancies increased by 40%. From the Hays Global Skills Index, an annual analysis of the labour market issued in co-operation with Oxford Econom-ics, it is apparent that, in comparison with the neigh-bouring countries, the Czech Republic has relatively high labour-market flexibility thanks to the low volume of restrictions and good interconnection
The Czech Republic is currently experiencing an economic recovery with a very positive outlook. Being predominantly
an export-driven economy, as well as consistently receiving the highest credit ratings in CEE,
the country has once again asserted itself as the ideal place for investors.
Role Min. Max. Typical
Business services
Accounts payable / English + 1 other language 25,000 42,000 35,000
Customer service / English + 1 other language 25,000 38,000 33,000
HR operations / English + 1 other language 28,000 40,000 35,000
Construction and property
Project manager 35,000 150,000 60,000
Property manager 45,000 85,000 65,000
Site manager 30,000 70,000 40,000
Finance and accounting
Accountant (junior/senior) 22,000 45,000 35,000
Financial controller 30,000 90,000 65,000
Financial manager 70,000 130,000 100,000
Information technology
Developer - Java/C++ 60,000 90,000 70,000
SAP specialist 60,000 90,000 80,000
Security specialist 40,000 90,000 60,000
Life sciences
Product manager 70,000 100,000 85,000
Key account manager 60,000 80,000 70,000
Medical advisor 70,000 90,000 80,000
Role Min. Max. Typical
Manufacturing/automotive
Design engineer 30,000 65,000 50,000
Process engineer/technologist 25,000 55,000 45,000
Quality engineer 25,000 60,000 45,000
Project manager 45,000 90,000 70,000
Average salary ranges for selected roles, by industry
Note: Monthly salary, CZK Source: Hays Czech Republic Salary Guide 2015
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and strong demand for experts and specialists in the given field. The development of indus-trial real estate is focused outside the capital, particularly on industrial areas located on the main traffic arteries with easy access to foreign markets. The Czech Republic has an adequate number of developers that can offer land already furnished with building permits, so construction may be a matter of only a few months.
Information technologyIT is one of the most attractive fields in the Czech market. Many renowned companies from various countries are placing their IT centres in the Czech Republic. IT centres in the Czech Republic are located mainly in Prague and Brno. Other frequently encountered facilities are newly estab-lished development centres, as well as branches focused on IT support, infrastructure or imple-mentation of new systems. One of the main rea-sons why companies head for the Czech Republic is finance. In comparison with their counterparts in the rest of Europe and in the United States, Czech IT specialists still get substantially lower salaries. Another reason is the quality and scope of the candidates available on the Czech market. Czech IT workers in many companies have state-of-the-art technology, high-quality base facilities, interesting benefits and growth opportunities.
Manufacturing/technology/developmentIn 2014, about 150 new investments were brought to the Czech Republic and should create 16,700 jobs. The largest number of these investments are in the Moravia-Silesia and Ústí regions and the largest share of them (one-third of the investments) is in the automotive industry. The Czech Republic is the most attractive location for investors in the region. The largest number of job opportunities are being created in man-ufacturing and demand for both skilled and unskilled workers is rising dramatically. The most attractive areas are those with high unem-ployment rates, such as northern Moravia and northwestern Bohemia. The areas with the high-est concentration of industry are traditionally found along the Plzeň-Prague-Liberec axis and
in South Moravia. Another rapidly developing sector comprises expanding and newly estab-lished technology centres, which require highly skilled specialists in the fields of engineering, electronics, chemistry and IT. The primary sources of such specialists are the country’s technical universities, particularly in Prague, Brno, Ostrava, Plzeň and Liberec. Due to employees persistent unwillingness to relocate for job reasons, these big cities are suitable locations of investments in technology centres.
FinanceThe position of the finance and accounting sector is currently very strong. The Czech labour market offers an adequate number of experts that are capable of meeting the requirements of growing and newly established companies without any problems. The Czech Republic’s institutions of high-er learning produce graduates with advanced theoretical knowledge and it is not a problem for investors to fill even positions requiring experi-enced specialists and managers. Particularly senior candidates have excellent knowledge of the English language and there has recently been an increase in the number of positions that transcend the coun-try’s borders, so financial managers from the Czech Republic also manage financial teams in the rest of the countries in the region. Thanks to the avail-ability of an adequate number of such experts, the number of projects with a broader scope is increasing in the Czech Republic.
Life sciencesThe Czech Republic is an attractive country for pharmaceutical companies. The country’s EU
of government regulations and the labour market. The market has a relatively large number of candi-dates that companies require.
Business ServicesThe business services market in the Czech Republic continues to grow. In 2014 the Association of Business Services Leaders had more than 150 shared-services centres with more than 55,000 employees on record. The envisaged growth for 2015 is 16%. The Czech Republic is being entered by new investors interested in building new SSCs, and additional processes and activities are being taken over in the case of already existing centres. Potential investors continue to express strong inter-est in Prague, Brno and Ostrava, though they have recently been encountered in smaller regional cities such as Plzeň and Olomouc. Accounting and finance continue to be predominant activities conduct-ed at SSCs, though IT is not far behind. With re-spect to the language skills of job candidates, the stongest demand continues to be for those who speak German. The limited number of such candidates on the labour market has resulted in a relatively sharp rise in the wage expectations of the employees that possess these language skills and thus also and artificial rise in wages, in some cases by up to 25%.
Construction and propertyThere has recently been an enormous recovery in the construction and property sector. Investors and developers are focusing on commercial space, where interest is focused mainly on indus-trial projects such as logistics centres, warehouse facilities and more complicated production facilities and residential projects. In the case of office space, this mainly concerns renova-tion and conversion of less attractive building in the Prague city centre. There is strong demand for so-called green, environmentally friendly buildings. There is huge interest in mixed-use projects. Office complexes with retail units and comfortable amenities are standard. The Czech Republic is currently experiencing a construction boom focused primarily on Prague. Of course, this is associated with the creation of new jobs
Ladislav Kučera Managing Director
Hays Czech [email protected]
www.hays.cz
Labour market
membership and its local regulatory authorities guarantee compliance with European regula-tions, thus expanding the market for approved products. The Czech Republic is the seat of many large renowned pharmaceutical companies and is for this reason capable of providing all base facilities from trained staff through production resources and supply chains. The educational system is configured very well also with respect to the natural sciences, with more than 7,000 graduates per year in the field of life sciences alone. The pool of skilled junior candidates is thus quite variegated, which to a certain extent is also true of more senior candidates.
Temporary staffingTemporary staffing is still one of the most preferred solutions when flexibility is required. Companies most commonly use flexible forms of employ-ment to limit their headcount and to implement time-limited projects. Companies require specialists in finance, project management, marketing, HR, customer service and administration, most often for a period of six months. Year-long use of tempo-rary staffing is less common. Longer attachments are required primarily for project-management and administrative positions. The Czech Repub-lic still lags behind Western Europe in the use of temporary services for managerial positions. As compared with Germany, the Netherlands, Belgium and the UK, demand for so-called interim managers in the Czech Republic is very low. How-ever, if a company chooses this type of solution for an existing project or situation, this usually concerns interim managers in human resources, finance, IT or manufacturing.
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Flexibility for employers
The employment legislation in the Czech Republic has evolved over the last two decades from a rigid system of rules
into a system of European standard and emphasises the liberalization of the employment relationships. Employment
relationships are regulated, in particular, by written labour law (the Labour Code) and, within its framework,
by collective agreements and individual employment contracts.
mployment modelsThe regulations above relate to employees only (not to self-employed persons) and grant employees statutory protection as they are subordinated to the employer and perform work
at the employer’s cost and responsibility. Employ-ees perform work for the employer mostly under an employment contract, though in some cases the employment relationship is governed by special arrangements, namely an agreement on performance of work (in Czech dohoda o provedení práce) or agree-ment on labour activities (in Czech dohoda o pracovní činnosti). All types of employment relationships are regulated by the Labour Code.Under an employment contract, the employee is required to work up to a maximum of 40 hours per week (lower caps are set for specific group of employees working in two- or three-shift operations), while as a rule work time is scheduled over five working days per week. The employee and employer may agree on overtime work of up to eight hours per week on average over a period of 26 consecutive weeks. Relationships under an agreement on performance of work or agreement on labour activities are gener-ally more suitable for less extensive, short-term job assignments where employees’ flexibility with respect to working on specific days is required, while under
EImportant employment regulations
The main statutes and regulations relating to employment relationships in the Czech Republic are:
Act No. 262/2006 Coll., the Labour Code
Act No. 89/2012 Coll., the Civil Code
Act No. 435/2004 Coll., the Employment Act
Act No. 251/2005 Coll., on Labour Inspection
Act No. 2/1991 Coll., on Collective Bargaining
Act No. 245/2000 Coll., on National Holidays, Significant Days and Rest Days
Act No. 198/2009 Coll., on Equal Treatment and Legal Remedies for Protection Against
Discrimination (Anti-Discrimination Act)
Act No. 73/2011 Coll., on the Labour Office of the Czech Republic
Government Decree No. 567/2006 Coll., on Minimum Wage and the Lowest Levels
of Guaranteed Wage, Definition
of a Hazardous Work Environment and Extra Pay for Work in a Hazardous Work Environment
Government Decree No. 590/2006 Coll., on the Scope and Extent of Other Important Personal
Impediments to Work
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an agreement on performance of work the scope of work may not exceed 300 hours per year and under an agree-ment on labour activities the scope of work may not exceed 20 hours per week on average over the agreed period (max. 52 weeks). The Labour Code sets for employees only basic obli-gations resulting from an employment relationship and it is up to the employer to specify such obligations to suit its specific needs – however, conditions cannot set to the employees’ detriment. In order for employees to fulfil their obligations, the employer must provide them with suitable working conditions (e.g. effective organisation of work, provision of protective clothing, provision of tools, etc.).The regulation of relationships under an agreement on performance of work or agreement on labour activities is less rigid and several statutory provisions of the Labour Code do not apply (e.g. severance pay, annual leave, reimbursement of travel expenses and termination of the employment relationship). The regulation of taxation, social security and health insurance under these employment models is essentially the same as in case of an employment relationship under an employment contract.Self-employed persons may be hired to perform work, though such work should not be performed on a regular basis and should not have the characteristics of dependent work – otherwise, it could be re-classified as an employment relationship. If a self-employed person performs work which has characteristics that are defining for a dependant activity (the so-called Švarc system), sanctions of up to CZK 10 million (approx. EUR 370,000) for illegal work can be imposed on both parties by the Labour Inspectorate.
Terms and conditions of employmentAll employment relationships must be entered into and governed by a written employment contract. A verbal employment contract is considered void. Employers can be fined by the Labour Inspectorate for not conclud-ing an employment contract in writing. The following conditions must always be agreed upon and defined in an employment contract:
type of work place of work date of commencement of work
unfitness to work (i.e. to stay at home in accordance with a prescribed treatment regimen)
The formal requirements for an employee’s dismissal, such as written form and direct delivery of the termi-nation notice to the employee, must be observed. In the case of a less serious breach of the employee’s obligations, the employer is required to issue a written warning to the employee – only after continuance or repeated breach of the employee’s obligations may a termination notice be served. In the case of dismissal of an employee due to employer-related reasons (such as dissolution or relocation of the employer or organisational chang-es), the employee is entitled to a severance pay-ment in the minimum amount of one, two or three average monthly earnings, depending on the length of employment. An employer and employee may agree on a larger severance payment or severance package.The statutory termination period is two months and commences on the first day of the calendar month following the month in which termination notice was delivered to the employee.Payment in lieu of a notice period is not permissi-ble under Czech law, though the parties may agree on “garden leave” for the duration of the termination period. The employee is then still employed but is not performing work and not required to be present at the place of work, while being entitled to his/her full compensation based on his/her average earnings.
An employment relationship may be terminated also in these other ways:
mutual agreement between the employer and the employee
A three-month trial period may be agreed between the parties. Additionally, employees must be acquainted in writing, within one month of commencing the em-ployment relationship, with the following (though these aspects are usually the employment agreement):
the employer’s business name and registered seat details of the type of work and the location in which work is to be carried out
annual holiday entitlement information on notice periods for termination of em-ployment
information on the wage and remuneration system, payment dates, place and method of payment
weekly work time and schedule information on any existing collective agreement
Minimum wage, overtime and annual leaveThe current minimum monthly wage (in 2015) is CZK 9,200 (approx. EUR 340) and the lowest minimum hourly wage is CZK 55 (approx. EUR 2). The minimum annual paid holiday is 20 working days. An employee performing overtime work is entitled to a premium payment of at least 25% of average earnings for overtime work (or time off in lieu of such premium payment).
Termination of employmentThe Labour Code sets out a closed list of grounds on the basis of which an employer may serve a notice of termination to an employee (a notice of termination given without grounds or on the basis of any other grounds will be void):
dissolution or relocation of the employer’s undertaking (or a part thereof)
employer’s decision on organisational changes and redundancy of the employee
health condition rendering the employee unable to perform work
failure of the employee to meet the legal or employ er’s requirements for the performed work
breach of the employee’s work obligations (whereas only a serious or gross breach qualifies as a reason for termination)
breach of the employee’s obligations in an especially gross manner during the employee’s temporary
Radka Konečná Partner
Konečná & [email protected]
www.konecna-zacha.com
Labour law
expiration of the employment contract where such contract was concluded for a finite period
termination during the trial period by either party without stating a reason
immediate termination of the employment by the employer – immediate termination may be used only exceptionally, such as when the employee breaches obligations arising from legal regulations relating to work in an especially gross manner
DisputesEmployment disputes mostly relate to termination of employment or compensation for work-related injuries. Claims related to termination of employment may be raised by the employee within two months of the date when the employment relationship should have originally terminated. If the termination of employ-ment is ruled void by the court and the employee insists on further employment, the employment relationship further exists and the employee will be paid remunera-tion for the period of the dispute.
Agreement on performance of officeThe status of executive directors of legal entities is some-times confused with an employment relationship, even though the members of executive bodies in the Czech Republic perform their duties under an agreement on per-formance of office regulated by Act No. 90/2012 Coll., on Business Corporations. Such an arrangement does not fall under the definition of an employment relationship and the provisions of the Labour Code therefore do not apply. An agreement on performance of office must be concluded in writing and approved by the general meeting of the company and include detailed provisions on remuneration; other conditions such as vacation and severance pay, may also be set forth in the agreement.
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Being an employer in the Czech Republic
Insurance, support and assistance are the ingredients of a just social system for everyone. The responsibility of employers,
employees and the social-security administration in the case of unemployment, sickness, disability, care or emergencies in the Czech Republic. What costs must be calculated when
hiring employees? Computation of wages and elements thereof, benefits and mandatory contributions in the Czech Republic.
ocial-security systemThe social-security system represents one of the most important areas of social policy in the Czech Republic. In a mod-ern society it is rightfully expected that social policy will ensure, through its
social-security system, the prerequisites, conditions, impe-tus and motivation to develop each individual and thus the prosperity of the whole society. In the Czech Republic the social-security system is implemented through three main tools, namely social-security insurance, state social benefits and social assistance and services. Contributions to social-security insurance are mandatory under the law. By contributing part of their own funds to this financial system, people insure themselves for pos-sible future situations. The basic principle of this system is social solidarity of citizens.With regard to the time period, social-security insur-ance can be classified as short-term (sickness benefit, maternity benefit and unemployment benefit) and long-term (pension and disability benefits). In compliance with the international classification, Czech social-security insurance is divided into the following systems: sickness insurance, accident insurance, health insurance and pension insurance.In other words, social-security insurance helps people prepare for possible life situations including, for example, unemployment – citizens of the Czech Republic contrib-ute to the Employment Policy Fund, which is actually
S
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an unemployment benefits fund; ill health – citizens contribute to the health-insurance system; short-term disability – citizens pay sickness-insurance contributions; long-term disability – pension-insurance contributions; and work-related accidents – personal-injury insurance.Czech social-security insurance is embedded in several legal regulations, of which the most important are Act No. 589/1992 Coll., on Social Security Premiums; Act No. 155/1995 Coll., on Pension Insurance; Act No. 266/2006 Coll., on Accident Insurance of Employees; Act No. 426/2011 Coll., on Pension Savings; and Act No. 427/2011 Coll., on Supplementary Pension Savings.The Czech Social Security Administration (CSSA) is a state administration body that represents the state in matters involving pension benefits. The function of the CSSA in the Czech social-security system is to regularly collect contributions to the social-security insurance system and the State Employment Policy. The CSSA also pays out retirement and disability pensions, sickness benefits and other benefits should an individual become eligible. Health-insurance contributions fund basic healthcare. All employees and self-employed people as well as individuals without taxable income residing permanently in the Czech Republic are obliged to pay contributions. Part of the insurance is paid by employees themselves and part is paid by their employer. These payments are not sent to the state but rather to health-insurance companies. Health insurance covers medical treatments, medical
Overview of Social Security Benefits
Medical treatment costsSicknessSickness-related careMonetary maternity supportCompensation paymentOld-age pensionDisability pensionWidow/widower pensionOrphan pensionUnemployment benefitPrimary school kit payment Child allowanceSocial allowanceHousing allowanceChildbirth paymentFuneral paymentParental allowanceCarer allowanceHousing cost compensationLiving cost compensationExtraordinary assistanceDisability allowancesSocial care benefit
Insurance
Social-security insurance
Benefit
Assistance
State social- security benefits
Health insurance Sickness
Contribution to the State Employ-
ment Policy
Material hardship benefit
Salary-based
Not salary-based
Bereavement pension
Social care benefits
Pension
Gross salary (monthly) CZK 33,000 / EUR 1,222
Employee Employer
Health insurance
Health Insurance (4.5% / 9%) 4.5% CZK 1,485 EUR 55 9% CZK 2,970 EUR 110
Social insurance
Sickness insurance (0% / 2.3%) 0% CZK 0 EUR 0 2.3% CZK 759 EUR 28
Pension insurance (6.5% / 21.5%) 6.5% CZK 2,145 EUR 79 21.5% CZK 7,095 EUR 263
State employment policy (0% / 1.2%) 0% CZK 0 EUR 0 1.2% CZK 396 EUR 15
Social insurance total (6.5% / 25%) 6.5% CZK 2,145 EUR 79 25% CZK 8,250 EUR 306
Insurance contributions total
Insurance contribution (11% / 34%) 11% CZK 3,630 EUR 134 34% CZK 11,220 EUR 416
Tax relief
Employee relief CZK 2,070 EUR 77
Children tax relief
Children tax relief CZK 2,434 EUR 90
Income tax
Monthly taxable salary CZK 44,300 EUR 1,641
Income tax deposit 15% CZK 6,645 EUR 246
Solidarity tax if income exceeds 100,000 CZK/3,704 EUR 7% CZK 0 EUR 0
Tax deposit after deduction of tax reliefs CZK 2,141 EUR 79
Net monthly salary CZK 27,229 EUR 1,008
Salary cost to the employer CZK 44,220 EUR 1,638
devices, medication, etc. It does not cover some drugs and services that are not part of basic healthcare. These are paid for by patients.The state pays contributions on behalf of children, full-time students up to the age of 26 and retired people.
Payroll accounting Payroll accounting is part of employers’ accounting and it is one of the basic sources of information about the finan-cial situation of a company. Payroll accounting includes HR and payroll data, salary calculations, social-security and health-insurance deductions, taxes, garnishing of wages and other individual salary deductions. HR and payroll administration is essential for mandatory reports and summaries sent to social-security bodies, health-insurance companies, the Tax Office, the body responsible for statutory employer insurance, the Labour Office and other institutions.Payroll and HR administration can be outsourced and in the Czech Republic these services are provided by a great number of companies. Payroll outsourcing involved comprehensive HR and payroll administration in compliance with current legislation and related services.
SalarySince 2008, the so-called super-gross salary has been used in calculating personal income tax and social-security and health insurance contributions. It comprises the employee’s basic salary plus insurance contributions paid by the employer. Net pay is equal to an employee’s gross salary (basic salary, allowances, bonuses and holiday and sickness payments, etc.) for a calendar month minus income tax plus tax credits minus the 11% social-security insurance premium (6.5% of the gross salary) and the health-insur-ance premium (4.5% of the gross salary).
Employee benefits The most common benefit provided by employers is meals, usually in the form of meal vouchers or subsidised meals in the company canteen. The maximum value of meal vouchers is not limited by law. For the employee, the employer’s contribution to meals is a non-taxa-ble non-monetary benefit. The value of the meals or vouchers provided by the employer is not included in the salary used to calculate social-security and health-insur-ance contributions. However, the cost of the benefit can
reduce the company’s tax base by up to 55% of the value of the meal or meal voucher, though this amount may not exceed 70% of the current limit on meal allowances, which is CZK 82 (EUR 3) per meal/voucher.Contributions to the employee’s pension fund with
a state contribution, supplementary pension insur-
ance and private life assurance are the most common financial benefits. The employer’s contributions are tax-free up to the limit of CZK 30,000 (EUR 1,111) a year.The employer can use these costs to reduce their tax base regardless of the total sum of contributions as long as these contributions are embedded in the company’s collective agreement, internal company directives or in individual employment contracts and agreements.Courses for employees are another very common ben-efit. These can be profession-related trainings, language courses or other forms of education. For employees such courses and trainings are a great opportunity to gain new knowledge and skills free of charge. The employee is not liable for tax on this benefit, though the employer can use the cost of courses to reduce tax base as long as the pro-vided education relates to the company’s business.Cultural events, sport and holiday contributions can have the form of a Flexi pass, which can be used as a pay-ment method in selected pharmacies, theatres, cinemas, sport facilities, gyms, travel agencies and other businesses. As the name suggests, this pass is a very flexible form of benefit that employees can use as they wish. For the em-ployee, this non-monetary benefit is non-taxable up to the value of CZK 20,000 (EUR 740) per year. Employers pay this benefit from their after-tax income via the Social and Cultural fund, which means that its costs cannot be used as a tax deduction. If the value of the benefit ex-ceeds the limit of CZK 20,000 (EUR 740), the amount over this limit is added to the assessment salary used to calcu-late social-security and health-insurance contributions. A company car is often provided to employees for both work-related and personal use. In such a case, 1% of the cost of the car is considered to be the employee’s income for every commenced month when the em-ployee uses the car. Companies do not have to deduct write-offs, maintenance costs or road tax, but different conditions apply depending on who pays for the fuel. If the employer pays the entire fuel cost, the value per kilometre of personal use of the car is added to the basic salary used to calculate social-security and health-insur-ance contributions.
Ester Oehmová Process Manager
www.adecco.com
Social-security system and payroll accounting
Example of salary calculation
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Why recruitment agencies are superior to social networks
LinkedIn, the largest professional social network in the world, has approximately 300 million registered users. Conversely, the largest
Czech recruitment agencies collectively have about 300,000 specialists and managers using their services. Though LinkedIn
obviously has vastly superior numbers, the quality of a recruitment agency trumps the social network’s quantity when it comes to finding senior managers or specialists in a particular field.
ocial networks differ mainly in their focus. While Facebook is commonly used for sharing entertainment content, LinkedIn brings together professionals from different business sectors and from all around the world. LinkedIn members
use the network for various purposes, such as sharing the latest industrial intelligence, engaging in discussions on specialised topics, communicating with specific professional groups, looking for suitable employees and looking for vacant positions.
In the Czech Republic recruitment agencies are most preferredAccording to research conducted by the British company Link Humans, LinkedIn is used by 94% percent of respondents, regardless of their professional discipline. In the Czech Republic, there are approximately 900,000 LinkedIn users, though companies rarely use social networks when looking for new employees. Currently in the Czech Republic, LinkedIn is used mostly by men, who make up 60% of all users. Generally, social networks are used here by younger people aged 25 to 34, with the majority of them working in IT, software services, telecommunications or banking. Companies in the Czech Republic still prefer to use re-cruitment agencies when searching for new employees. According to a survey conducted by Advantage Con-
SAdvantages of recruitment agencies compared to social networks – conditions in the Czech Republic
Personal approach
Extensive database of high-quality specialists and managers
Search for appropriate candidates
Market monitoring
HR-marketing campaign preparation
Subsequent cooperation with the client company’s senior management
Ability to form complete work teams
Feedback
Satisfaction guarantee or replacement of unsuccessful candidates
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sulting, in 71% of cases companies choose recruitment agencies due to the lack of quality CVs submitted directly to companies by potential candidates, to save time in 37% of cases and in 25% of cases because recruitment agencies have greater possibilities to find suitable candidates. The survey also indicates that companies searching for new employees use only Facebook and/or LinkedIn, and ignore other social networks. In the Czech Republic, only 10% of companies search for new employees via social networks.
Social networks do not save time and money A five-year forecast published in 2010 predicted that social networks would fully replace Czech recruitment agencies. That prediction has proven to be complete-ly inaccurate, and the workload of recruiters has not decreased. Czech recruiters (companies´ in-house HR staff) cannot make full use of social networks, as they tend not to use them every day and social networking environments change very quickly. It takes long hours not only to learn how to look for candidates via LinkedIn, but also how to communicate with them properly. Added problems arise when a company recruiter contacts a competitor’s employees. If a potential new employee is not approached in a professional manner, the recruiter may cause more harm than good. Certain information about the company may be revealed, such as its difficulties with filling some
The most frequent reasons why companies on the Czech market cooperate with recruitment agency
Insufficient database
Time saving
Agencies have greater insight into labour market
Lack of HR consultants
Money saving
9%
16%
23%
7%
45%
vacancies, the nature of its business plans or the kinds of benefits it offers. When recruitment is performed by a recruitment agency, everything is carried out discreetly. Only candidates with genuine interest are then invited to interviews. Furthermore, those companies that believe there are financial savings to be had if they look for new employ-ees through social networks are mistaken. LinkedIn has already become a paid service and its license costs are relatively high, with prices reaching CZK 250,000 (approx. EUR 9,300). In addition, a company’s employees (HR staff) who use this social network have to be paid as well. In cases where LinkedIn is not used every day, it is not worth-while and it is especially unsuitable for smaller companies.
The recruitment agency as an equal partner If a company decides to use social networks when look-ing for employees, this is usually done when specialized IT positions need to be filled, as IT specialists form the larg-est group of registered users. In the case of searching for senior managers, recruitment agencies are more trustworthy and therefore are used more frequently than social networks. Czech recruitment agencies provide professional services and represent a significant partner for the company it is working for. Recruitment agency services are almost indispensable especially if the com-pany is searching for senior management. The agency’s approach is, of course, individual and always discreet. The services of recruitment agencies are also indispensa-ble for foreign investors coming to the Czech Republic. For new branches, recruitment agencies are able to form complete teams, from junior staff to senior management. In this case, social networks cannot compete with recruitment agencies. Furthermore, recruitment agen-cies are flexible and respond to companies´ demands immediately. If a company’s senior manager resigns, the recruitment agency is able to replace him or her in a very short time with a new candidate who meets the company’s needs. Senior managers are responsible for recruitment in the company, too, so they also start to cooperate with the agency as a business partner. This is advantageous because they not only know their staff but also know how the agency operates, how flexible it is and how quickly high-quality results can be achieved. Recruitment agencies should therefore become companies’ partners that will not only be able to find senior managers for them but will also help them
of jobseekers. When searching for a senior manager, it is good to find an agency that specialises in senior man-agement. Such an agency does not monitor blue-collar professions, but its database rather contains mainly candidates whose command of at least two languages is very good and whose education is suitable for the given position, or are specialists in the given field.
Watch out for job sitesThanks to the current low unemployment rate in the Czech Republic and the highest number of available jobs in the past six years, job portals are also starting to have problems. They may have a larger number of
job offers, but candidates unfortunately do not respond to them anymore because people currently have almost no need to look for jobs in this way. Especially senior management positions cannot be filled solely through advertisements, as candidates without the necessary qualifications often respond to them. Finally, HR recruiters can discover that no candidate is suitable for a given position. Advertisements often appeal only to jobless people or casual browsers who visit job portals every day. Hardworking, reliable and permanent employees that are sought by most companies do not browse job portals daily, as they are invariably already employed and have no time or inclination to look through job sites.
to form the rest of their teams and set up the appropriate corporate culture. At the same time, the agency is able to create a marketing and promotional campaign that attracts people to the region. For their own campaigns, many companies often use the same old schemes, e.g. billboards across the country, which are often ineffective.
Comprehensive services are commonplaceWhile HR professionals have to do everything them-selves, from finding a new candidate to conducting interviews, recruitment agencies offer full service cover-ing all aspects of the hiring process. Initially, the agency selects people on the basis of the client company’s defined requirements, then the candidates’ genuine interest is discreetly examined. Suitable candidates are later familiarised with the company itself including its culture and pay conditions. Finally, they are acquainted with the company’s specific conditions and only precise-ly selected candidates are shortlisted. When it comes to filling senior management positions, HR managers should not be the ones to do it. It appears unprofessional if HR managers influence the selection of the senior managers who ultimately become their bosses. Rather, an HR manager’s role is to maintain the relationship between the agency and the company’s senior management. Quality recruitment agencies provide comprehensive service in the field of human resources, recruitment advice and evaluation of new or present staff. Social networks are not able to meet the client’s requirements. Furthermore, social networks are not able to respond flexibly to the market and changes of working conditions in the country. On the other hand, recruitment agencies know this field very well, as they diligently monitor market trends, focus on particular sectors and pre-select suitable candidates.
A license is crucialOf course, recruitment agencies also use social networks, but they work with them every day and use them only as an additional service, not as a principal resource. It is essential for agencies to purchase the necessary licenses; otherwise, they are not able to find contacts for appropri-ate senior management candidates. In the Czech Republic, companies should focus mainly on the recruitment agency databases, as reputable agencies provide databases with hundreds of thousands
Olga Hyklová Owner and CEO
Advantage Consulting Jobs [email protected]
www.acjobs.cz
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The challenge of recruiting blue-collar workers
At a time of incessant change, one of the most difficult tasks for employers is to secure a sufficient
workforce for production.
he unemployment rate in the Czech Republic in the past ten years has more or less mirrored the economic cycle. The lowest unemployment figure (5.2%) was reached in autumn and the highest (9.9%) was recorded
in the spring 2010. The rate again reached a rela-tively low level (6.2%) in August 2015. This places tough demands on employers. The number of cur-rently unemployed people in the Czech Republic is 450,000, while the number of available jobs has risen above 100,000. It is good that there are more jobs available for graduates from high schools, specialized schools and universities than there are registered with labour offices. Also, employment of workers over the age of 50 has become more sig-nificant. An analysis of the unemployed as a group shows that more than 50% of them are women and approximately 5% are graduates.These statistics are a very good starting point for new investors in their analyses of possible locations for their plants. Unemployment in the Czech Republic is naturally unevenly divided. The regions with high unemployment include the northern Bohemia (especially the Most district) and northern Moravia (especially the Karviná district), where the unemployment rate exceeds 10%. The Czech government is striving to spur job creation in these areas through the provision of investment incentives and by building industrial parks including necessary infrastructure.The latest trends in recruitment of blue-collar workers include extended cooperation with employment agencies (not only during the start-up
T
What to look for in a good employment agency:
Clarity of the agency’s vision
Clear manner of communication and provision of information
Long-term presence on the Czech market
Compliance with Czech laws and regulations and ideally APPS
(Association of Personnel Services Providers) standards
Major sources of applicants for blue-collar jobs:
Recommendations by the company’s own employees
CVs actively submitted by applicants
Labour offices
Job portals
Cooperation with schools
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stage but also during production peaks), a compre-hensive system of corporate benefits and special methods of selecting new employees.
The role of employment agencies in recruitmentThe majority of jobseekers in the Czech labour market are passive (only approximately 10% of applicants actively seek employment several times a week), though they are conversely inclined to communicate with employment agency consultants. There is also an increasing number of very satisfied employees who do not intend to change jobs. These general statistics also apply to blue-collar workers.In the past, recruitment of production workers consisted in publishing job ads and waiting for po-tential candidates to submit their CVs. However, it is not currently possible to wait until positions are filled through this standard process.The latest trend consists in the ever greater use of employment agencies during the start-up phase of companies. Most employment agencies have solid experience with recruiting blue-collar workers and have their own recruitment con-cepts. In the case of small recruitment opera-tions (requiring ten to fifty employees), workers are ready to begin their new jobs within days; in the case of large recruitment projects (more than 50 employees), the agency’s response time is usually up to six months including possible hiring of employees as permanent workers. A number of businesses regard agency employees as the most stable source of permanent employees.
< 4.99
Rate in %
5.0 - 6.99
7.0 - 8.99
9.0 - 10.99
11.0 >
Source: Czech Statistical Office, September 2015
Added value when cooperating with an employ-ment agency lies primarily in the following aspects:
1. Time savings during the recruitment process – the company can focus on its own personnel.
2. Interviewing, short-listing, training, medical examinations, provision of protective equip-ment, administration, payroll, etc.
3. The demanding initial training stage is conduct-ed through the agency (cases of fake sickness, contingent turnover, compensation claims, damage, etc. are dealt with by the agency).
4. The agency provides flexibility – quick response time, immediate replacement – often even during a single shift.
5. A demonstrably productive worker may be hired as a permanent employee.
6. The agency assumes liability for damage. 7. The agency provides 24/7 support and services.8. The transport and accommodation needs of em-
ployees are handled by the agency.9. Personnel/legal consultancy, transfer of know-how.
10. Presence of the agency’s representative at the workplace (administrative support, monitoring workers’ performance, etc.).
11. Possibility of a fixed trial period for workers including the possibility of hiring such workers as permanent employees.
Compared to Western European countries, hiring through agencies is still far less common in the Czech Republic. According to the latest statistics from 2009, the share of companies employing agency employees here was 7% (compared to 57% in Belgium and 49% in Denmark). The average duration of temporary employment is up to one month for 27% of workers, one to three months for 38% of workers and more than three months for 35% of workers. Workers from employment agencies assigned to a busi-ness are protected by Czech laws and regulations so that their wages are comparable to those of permanent employees. Agency employees are by no means paid poorly or suffer any other disadvantages. The major advantage of an agency employee is the possibility of employment for a fixed period of time. This method of staffing thus creates a certain reserve that protects businesses against seasonal
driving skills. Assessment centres have become more common, too. During interviews applicants often leave the meeting room and during a subsequent tour of the production plant their future supervisors ask them about solutions to various situations. The above-mentioned facts clearly show that busi-nesses are paying ever greater attention to selection
fluctuations and changes of daily order volumes. In financial terms, cooperation with an employment agency amounts to the purchasing of services. This will be appreciated primarily by foreign companies with relatively strict budget structures. The costs of agency employees are therefore included in service costs and not labour costs. Agency employment also beneficial when dealing with high employee turnover in a company and reduces the costs of recruiting new employees.
Company benefits structure and a successful hiring processIn the Czech Republic, company benefits are frequently used not only as a motivational tool for existing employees, but also as a recruitment tool. Without question, the most frequently offered benefits include meal vouchers (a part of such vouchers’ value ranging from 55% to 100% is paid for by the employer), social-security and health-insur-ance contributions, additional leave and contributions for free-time activities (sports, culture, child-care, etc.). The contribution for free-time activities is very attrac-tive for employees also due to the fact that it is not subject to tax or insurance assessment. Administration of benefits is often implemented using cafeteria plans.It is obvious that manufacturing has its specific features. Another important benefit is support for education and training, in which plays an invaluable role in the manufacturing sector – many businesses have their own training centres issuing certificates that employees can use in their future careers. Production plants are often located in industrial parks where there is limited access by mass transport. Therefore, manufacturing companies often offer various forms of contributions for transport or accommodation. Sometimes it is possible to cooperate with local author-ities and by pooling transport resources with other businesses, this benefit can be offered in the form of shared transportation.
New, specific methods of selecting employeesDue to the time pressure that arises when recruiting new employees, a whole range of tests have been recently come into use in the recruitment process. Production workers are tested for manual skills, general knowledge, knowledge of technology and
Vendula Linková Operations Manager
Hofmann Wizard [email protected]
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Finding workers
Unemployment rate in regions of the Czech Republic
of suitable employees. This is good news, as research shows that the costs of hiring a new employee equal his/her annual pay. It is good that we can state that pressure to increase the efficiency of the recruitment process in the Czech Repub-lic fortunately is not resulting in deterioration of the working conditions of employees.
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Talent management comes of age
In the current competitive market place, changes associated with globalisation, rapid development of new technologies
and changing employee expectations suggest that a regular, traditional approach to talent management will
no longer be sufficient. The times when a recruiter reviewed the candidate’s experience and knowledge and
the candidate was mainly driven by salary and working hours are behind us.
mployee motivationToday’s employees might be described as globally minded, socially connected, technologically savvy, highly inventive and driven by a sense of purpose. Employees
expect an individual approach from their employers and a tailor-made career-development solution that is specific to their needs. Their moti-vation to work is not just remuneration, but also important factors such as the work environment, career development and training opportunities, as well as their employer’s attitude towards them as individuals. HR executives must create a solid HR strategy and apply the latest methods in order to work effectively with these talented employees so that they can attract, develop and retain skilled people. It is no longer enough to identify hard, technical skills and the experience of the candidate – emphasis must now be placed on motivating employees and satisfying their needs and vision. The focus is therefore on working with employees’ potential and developing each individual person. HR executives across the globe need to create solid strategies and deploy fresh tactics to attract,
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engage, develop and retain the skills necessary to build effective organisations. The situation is no different in the Czech Republic.A current trend in recruitment is that employers are now searching more for soft skills in employees rather than in hard or technical skills. On the other hand, employees are no longer interested only in remuneration, but also require a good work-life balance, flexibility, a nice work environment, career development and training opportunities. By taking a close look at employees in differ-ent age brackets, it becomes apparent that the concept of loyalty is changing increasingly among the members of Generation Y. Workers belonging to this generation can be hardworking, but they are also eager to look to the next stage of their career development soon after entering the workforce. They are not looking necessari-ly for a traditional career path offered by their employer. To be able to cope with the different needs of Generation Y, modern companies follow-ing trends should consider developing a targeted strategy, offering more career opportunities and “engaging activities” for its employees. Mentoring,
coaching programmes and creation of a proper work-life balance would be appreciated by this younger generation.
Generation YGeneration Y is a term used for the generation born in the period from the 1980s to the turn of the new millennium. These individuals are sometimes referred to as Gen Y, the Millennial Generation, or simply Millennials. People of this generation are active, goal oriented and ambi-tious. However, they also require a favourable work-life balance, as they are not willing to sac-rifice their personal and family life. The members Generation Y are generally very confident. This generation is not afraid to question authority and is constantly seeking out new challenges and looking for meaningful work.People in the Generation Y demographic typically want to be part of a team, but at the same time they desire a place in the spotlight. While they value teamwork and seek the input and affirma-tion of others, they also crave attention, feedback, guidance and career progress. Overall, they are loyally committed and want to be involved.Generation Y is heavily influenced by the internet and social media, through which people communi-cate and share new trends. Young people in Czech Republic now have broad opportunities not only to openly communicate and travel, but also to get work experience abroad. They take this now as the “new normal”. They demand employment with flexible working hours in modern premises equipped with the latest technologies.
Function and benefits of Talent ManagementThe Czech Republic’s labour market has changed since the first decade of the 21st century. Compa-nies now understand the importance of retaining key employees and implementing the necessary tools to do so. Talent management as a concept began to be implemented after 2000, though it had already begun taking shape in the nineties as a part of modern human resources management.
to implement internal talent management strategies. Talent management practices in the Czech Republic are more advanced in large international organisations and are compara-ble to practices in Western European countries. The vast majority of international companies have an established performance and succession process that includes talent management tools. They understand the need to implement a career progression and career development plan including sourcing of future employees. These companies tend to be strong in the definition of talent in their ranks and the subsequent imple-mentation of talent management tools.Most companies see talent management as a comprehensive tool which helps them to work with talented people and employees of strong potential. Formerly fragmented, frequently outsourced activities including sourcing of can-didates and employee retention are now being aggressively remodelled into a comprehensive internal HR system. Companies also tend to hire or assign experts in the areas of recruitment, HR management, leadership development and even talent management. Most established companies are now setting up efficient hiring processes, succession planning, training programmes and development plans aimed not only at senior and middle management positions, but also at lower and less qualified positions.There is still room for improvement in local Czech companies. The past trend of hiring employees and leaving them to float from one position to another before fully their ultimate motivators
finally became clear can be explained by the fact that implementation of talent management was somewhat lacking. Even now, implementation of talent management systems is on a small scale. The main reasons for that may be that organisations have no knowledge or HR expertise with respect to the benefits of implementing talent management as part of their HR activity or there is a lack of personnel or financial resources needed to implement it.Talent management has become an important concept and widely debated topic across all business streams and society as a whole. In order for this positive shift to persist, it is important that a company remain competitive within a developing market. Factors currently threatening companies’ ability to remain competitive include outflow of experienced workers with required skill sets, the simultaneous influx of inexperienced graduates and unrealistic salary expectations.In both good times and bad, the competition for talent never stops. Even in an economically unstable environment, talent management remains a critical issue for top management and is undeniably a top priority for business success. The war for talent sits alongside the race to inno-vate and the opening of new markets. HR manag-ers that recognise this and respond accordingly will have an unprecedented opportunity to help themselves and their staff become leaders in this new world of work. Not only every HR professional, but also every line manager should bear that in mind and remember the importance of an effective talent management system.
Today talent management can be considered as one of the fundamental instruments of human resource management in an organisation. Talent management is not just about remuneration and benefits. Rather, the key means of maintaining employees’ enthusiasm and commitment to the company include but are not limited to the following: employee motivation, development of career opportunities, creation of an appropriate work environment, positive corporate culture, recognition of success, respect, support and attention of management. The main condition for the proper functioning of talent management is support from management, which makes it possible to to fully develop and utilise the skills and talents of employees.
Benefits of talent managementWithout applying correctly set-up talent management, companies might easily lose talented employees who may be attracted to other opportunities or approached by other companies. Talent management makes a company more attractive and competitive. It helps them to retain their most valuable assets – employees. Through talent management, employees are made to feel more appreciated and their level of commitment to the organisation rises accordingly. This in turn also helps to increase the company’s effectiveness and productivity. The costs of attrition and recruit-ment of new employees drop as a result.
Latest trendsIn the Czech Republic, talent management dates back to the beginning of 2000. Since then, many companies have implemented talent manage-ment tools and consulting companies focusing on providing services in this area have been established.In the first decade of the 21st century organ-isations relied especially on external adviso-ry companies. These days most companies realise the importance of talent management to their overall efficiency and are attempting
Lenka Hnátková Senior Business Manager
REED [email protected]
www.reedglobal.cz
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Manage costs. Invest in talent. How to do both and succeed
in today’s environment.The economic crisis has changed the employment landscape. A major
struggle is the effort to manage operating costs while investing in talent to maximize performance. There is heightened pressure to execute
business strategy and meet goals, but the first move most companies make during a recession is to cut costs by reducing their workforce, even
though a significant driver of success is human capital, i.e. people.
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n fact, according to a study by the Aber-deen Group, 58% of organisations surveyed rated people as having the greatest impact on executing business strategy. This finding isn’t surprising. After all, people produce products, deliver services, process paperwork
and communicate with customers. As the business environment begins to improve, organisations will have to develop a more flexible workforce and keep fixed costs low. Many will rely more and more on external talent or contingent workers – temporary employees, contractors, outsourced workers and consultants – to achieve business goals in a more strategic way.
Benefits of a contingent workforceThe practice of supplementing permanent staff with con-tingent labour is valuable, as businesses experience the ebb and flow of the marketplace, seasonal highs and lows, or product-specific launches and promotions. During times of economic uncertainty, using a con-tingent workforce provides you access to skilled and motivated individuals who help you meet your business goals while controlling your costs. When demand drops, the contingent workforce can be reduced, thus insulat-ing your permanent workforce.
IAs the Czech economy dynamically grows, market con-ditions rebound and demand improves, rebuilding your workforce with contingent staff can be a smart strategy. It’s particularly beneficial since many contingent workers can transition to permanent employees, thus recon-structing the workforce with minimal risk as conditions demand. In addition, no matter how well companies prepare for and manage a project, permanent employees have planned or unplanned absences that disrupt the workflow. Skilled contingent staff can quickly step in to perform critical tasks so that work can proceed. They can free up time for your permanent staff to focus on crit-ical tasks while the contingent workers focus on more baseline tasks that are necessary but don’t require high a degree of expertise. A contingent workforce can also be beneficial when a new product or service is launched, requiring new groups of people and/or new skill sets.By partnering with a contingent workforce provider early on, an employer can be sure to have the people that it requires, when and where they are needed and with the appropriate skill sets. The ability to evaluate a worker on the job before formally hiring that person permanent-ly is another great benefit. The best way to get a good understanding of a person’s skills and capabilities is to see that person in action. Observing the individual interacting
A shortage of skills has simultaneously made it imperative for companies to find individuals who can adequately fill roles. In ManpowerGroup’s most recent skills shortage survey, 18% of Czech employers reported difficulties in finding the skills they need. This represents a big opportunity for foreign investors, because Czech employers are nearly the most optimistic in the world (the global average is 38%, while Romania reports 61%, Poland 41% and Slovakia 28%). But finding the right talent is a big challenge every-where and outsourcing may be the answer.
Flexible workforce models As companies seek more innovative, cost-effective ways to manage their workforces, a number are blending contingent and project workers with full-time staff. An Everest Group report found that nearly one in five companies signing RPO contracts in 2014 incorporated contingent and permanent hires into their staffs. Experts predict that RPO will increasingly provide blended services as companies seek to consolidate their workforce management into fewer, more trusted hands.
Elevating expertise Companies count on outsourcing providers to have deep industry and functional knowledge. They ask them to source specific skills and find cultural and technical fits expeditiously. These pressing needs have placed providers in the role of trusted advisors and require them to have more detailed insight into their clients than before. This includes understanding the company’s business strategy, and the skills it needs
Talentism heightens the significance of outsourcing
now and in the future. It also means adding to its suite of services for finding and managing talent. Some providers even combine them with other HR services.
Dual benefits Cost savings and quality. Cost savings remain important but this may be a by-product of improved quality. Reducing costs but getting bad candidates is not an option.
Standardising workforce improvements Providers supply services that help companies’ workforce planning. They study a company’s total workforce in depth – full-time, contingent and project-based, outsourced talent – to create strategies that standardise and improve processes in the use of contingent workers. The end effect is increased productivity companywide.
Bolster employer branding Because they have so much direct contact with employment markets, top RPO providers particularly help define the employer’s brand. Increased efficiency in recruiting and continuous interaction with job candidates enhances a company’s reputation as an employer of choice. This comes as power has shifted to the individual in the ongoing minuet with employers. Workers are boldly determining where and when they want to work rather than simply grabbing the first opportunity. An RPO partner capably managing the employer’s brand can make a difference in securing the best or lesser talents. RPOs should maintain checklists of issues affecting the employer’s brand and methodically address all of them.
with permanent staff and communicating with customers significantly increases the ability to predict success within the team and within the organisation. Employing a contin-gent worker also helps reduce hiring costs by eliminating the need to advertise, recruit and screen.In an effort to reduce costs, some companies decide to outsource functions that are not core competencies or aligned with key business strategies. In this case, a contingent workforce can easily add value. Partnering with an agency or company skilled at tasks which are secondary to business operations allows the permanent staff to focus on core products and services. The second-ary aspects of operations can be performed by outside experts seamlessly and cost efficiently. In addition, there are some cases when former or retired employees can transition to the partner company providing the out-sourced solution. This is just one more way to ease the burden of reducing the permanent workforce while retaining the required skill sets and maintaining morale.With the Czech economy improving by 4.4% in 2015 (the most dynamic rate of growth in the EU) and the unemployment rate dropping quickly to the second lowest in Europe, challenges will continue. Businesses have to remain agile. It will be important to evaluate the balance between a permanent and contingent work-force. This allows an organisation to manage costs and invest in the critical talent required to drive the business to higher levels of success.
Modern outsourcing strategies meet the need for a more agile workforceHuman resources outsourcing is transforming how companies manage talent. In most cases, labour market legislation in EU countries limits companies’ flexibility compared to Asia, for example. But the Czech legislation is favourable to different types of outsourcing solutions. It’s still important to reduce costs. But cost savings have become a by-product of superior benefits obtained from outsourcing, such as workforce agility, visibility and control of performance. Companies can focus on improving the hiring of full-time employees via recruitment process outsourcing (RPO). Use of RPO has soared in recent years as Czech companies look for logical places to maximise investments while im-proving productivity. RPO providers have a unique ability to find the best workers quickly, often in crucial, high-growth industries and regions. RPO is becoming more
Jiří Halbrštát Marketing and sourcing managerManpowerGroup Czech Republic
www.manpowergroup.cz
HR outsourcing
and more popular among new investors in the Czech Republic and the number of users of this solution is increasing every year. Opening a new production facility means building an experienced HR team for a limited period of time, though the new has not yet constructed premises to locate internal staff in the preparation phase. Compared to other Central and Eastern European coun-tries, the Czech Republic has extensive experience with HR outsourcing experience, so investors can find a number of well-established providers. Czech RPO providers are clearly handling traditional elements of recruiting, including sourcing, screening and assessment, with greater efficiency than before. This is partly the result of improvement in technology and a greater understand-ing of how RPO can benefit an organisation: outsourcing providers can tailor their services in new, more innovative ways. In recent years, RPO providers have assumed a larger role in onboarding (orientation of new hires), employee training and development, and even offboarding (separa-tion of workers). They are increasingly managing the social media that generate communities of potential candidates and help define the employer’s brand.Companies may choose a managed service provid-
er (MSP) to supply and manage their contingency workforce and to manage other outsourcing tasks. MSPs bring new efficiency to the selection and management of providers of outsourcing services and independent contractors. Increasingly, employers are utilising contin-gent-workforce strategies to provide flexibility. And as the number of contingent workforce sources increases, so do the challenges, such as managing costs, standard-ising processes and tracking performance. Again, in this area the Czech Republic has unique experience that is not found in other CEE countries. In a world of diminished resources, companies are looking for trusted partners who can help them find more innovative, creative ways to get things done and done fast. In “talentism”, this means accomplishing significant goals with fewer resources. Outsourcing can provide the means of achieving objectives that might otherwise be out of reach, at least in the short term. This isn’t simply because the outsourcing partner can perform specific responsibilities, but rather because of its deep knowledge of the area, function, industry and, most of all, the clients themselves. Outsourcing is a true workforce model for our time, and there are clearly things – important things – that companies aren’t able to do effectively without it.
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Increased productivity, reduced costs and
happier employees A committed, professional and cost-efficient workforce is
an important factor in the success of any company, especially where there is a large proportion of temporary employees.
To ensure that employees have the right work at the right time and at the right place is not an easy task, but it is essential for any company that needs to reduce staff turnover and
increase both labour productivity and the quality of work.
ave you identified an opportu-nity for improvement in the way your workforce is managed, but you currently need to focus on developing, manufacturing and selling your products?
Maybe it’s time to look for onsite recruitment and workforce management support.On the Czech market, there are many HR service providers offering various solutions that help foreign investors to find the right people in the right place at the right time. One of the solutions is Inhouse Services - a concept developed for companies with a high demand for flexible personnel. It helps them improve efficiencies through delivery of onsite workforce solutions, leav-ing them free to focus on their core business. This model offers complete tailor made solution which brings more flexibility and higher productivity and efficiency together with lower personnel costsThe service is specialised in providing a large amount of skilled, flexible labour and is specifically designed to help companies
HHow to win the war for talent
The economic situation in the Czech Republic has improved and the unemployment rate has dropped. Positive changes in economic conditions have created a more competitive environment and attracting good candidates has become harder. People who are looking for work have more options and employers have fewer. Placing ads on job portals or in newspapers is no longer a sufficient means of finding qualified applicants. Many companies have added new tactics to their recruitment strategies. They use employee referrals, social networks like Facebook to post jobs and LinkedIn to search for candidates. Other employers improve their ability to recruit
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by adding extra benefits. They increase wages, give extra vacation or sick days, and provide special medical care and free education pro-grammes and trainings. These benefits serve not only to attract new people but also to keep current employees engaged and to prevent staff turnover.Despite all the innovative strategies, many employers, especially those with high-volume resourcing requirements, have difficulty filling open positions and finding prospective workers. Filling a position takes more time and, as a result, costs more money. The most effective strategies to save both are outsourcing and using temporary workers.
with high-volume staffing needs in the logistics, manufacturing, warehouse and contact centre environments.
How it worksInhouse Services provides a total workforce man-agement solution aligned to your operational objectives and staffing needs, which can increase the productivity of existing workers, help decrease attrition and absenteeism and generate cost savings. It delivers the complete HR process from recruitment, selection, introduction, planning and management of workers to provision of detailed management reports. The whole service is provided onsite, so all processes can be customised to your specific needs. Onsite managers assimilate into your culture to deliver and retain talent that can truly contribute to you and your business’s success. Working with a strategic onsite partner brings savings by reducing overtime, absenteeism, turnover and idle time, while improving overall workforce utilisa-tion. It also helps to achieve measurable improvements in productivity, quality and operating efficiency.
Tailor-made solutionsInhouse Services does not operate based on a “one size fits all” approach. Each of onsite delivery models is designed specifically around the client’s organisation culture, vision and operational objectives. A dedicated account team works exclusively for one customer and has its workplace onsite directly at the custom-er’s place of business. These specialists think and act like internal HR employees and can thus respond perfectly to their client’s needs. They cooperate closely with the customer and together they create a talent pool made up of flexible and permanent staff. The pool works in the same way as a reservoir. It com-pensates perfectly for any over- or under-capacity and brings exactly the right number of motivated and well-trained employees who are available at all times, thus reducing unnecessary personnel costs and lowering the fluctuation rate and absenteeism. The results are higher efficiency and, ultimately, more success.The account team is supported by workforce analysts and other experts in the legal, compliance, health, safety and HR fields. Workforce analysts work with their clients at the operational level in order to truly understand their needs. They don’t just repair
what is broken; they look closely at why it got broken in the first place and apply innovative solutions to create long-lasting change that will help the client to achieve its strategic goals. The primary focus of this concept is continual improvement according to the client’s needs.When examining the business the workforce analysts first conduct a detailed onsite analysis within the client’s company. They meet with all levels of management and training, H&S and HR teams to gain an understanding of the business. This enables them to recommend relevant actions and activities to drive efficiencies and cost savings. The aim is to identify solutions for the removal of waste, both production and time, and improve efficiencies in the workforce using skills-gap analysis, skills clustering, process improvement, on-boarding and training improvements.Regulatory and quality control with proven cost containment strategies are provided by a team with extensive experience in driving compliance and safety. Every step is carefully planned and ongoing reporting/metrics are provided to rigorously analyse staff utilization.
Satisfied and qualified employeesInhouse Services makes it possible to employ a scala-ble workforce that strategically aligns with specific pro-duction requirements and changes in the company. Employee performance is improved thanks to the unrelenting focus on quality staffing processes and results. This model creates a high-performance culture that boosts morale and job satisfaction, resulting in higher productivity. All the company’s resourcing needs across both general and specialist functional roles are managed by an onsite strategic partner that carefully chooses qualified and engaged candidates and runs the whole recruitment process with professionalism and well within the given timeframes. In order to anticipate production peaks and have the right number of workers on board at all times, Inhouse Services analyses periodic personnel requirements and translates them into an action plan. A team of onsite specialists takes care of the paperwork, provides information and any train-ing that the workers need, and keeps them motivated. This results in business improvements, cost savings and a truly engaged workforce.
Tomáš Brožek Inhouse Services Director
www.randstad.cz
Workforce management
Inhouse Services specialises in providing bespoke workforce management
solutions aligned to your business needs and objectives. The module aims to:
increase workforce retention and reduce attrition
reduce absenteeism and lost productivity through effective absence management
increase worker productivity and satisfaction
reduce overtime costs
reduce labour and material waste
provide labour-market data and economic forecasting
Inhouse Services can be measured by these benefits:
total personnel cost savings of 1% to 7%
higher delivery speed
shorter familiarisation times
lower personnel costs
reduced workload of the personnel department
Inhouse Services can save you money and make your life easier if:
you manage a large production facility, a call centre or a logistics operation
you regularly need between 50 and 1,000 flexible employees
the number of required employees is subject to strong seasonal fluctuations
you need to have the right employees available at the right time and at a fair price
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Automotive industry
With more than 1.3 million cars
produced in 2015, the Czech Republic
is the leading automotive producer
in the CEE region. The most significant
Czech carmaker is Škoda Auto, which
has been in existence for over
a century. Czech trams are
also well known elsewhere
in the world.
Cardiology and heart surgery
Thanks to the extraordinary
development of heart surgery here,
the Czech Republic currently ranks
among the most advanced European
countries in terms of both
the number of surgeries performed
and the quality of care.
Defence industry
Already in the time of the First Czechoslovak
Republic, the country was one of the world’s
biggest arms exporters. Nowadays,
developed by the Pardubice-based company
ERA, the Věra and Tamara passive radar
systems are among the best in the world
and can detect stealth
aircraft.
Musical instruments
Established nearly 150 years ago,
the family-owned Czech company
Petrof in Hradec Králové is
the biggest European piano
manufacturer. Footwear industry
Baťa, a family-owned global footwear and
fashion accessory manufacturer and retailer
was founded in 1894 in Zlín, Moravia
by Tomáš Baťa, his brother Antonín and his
sister Anna. Today, the company has a retail
presence of over 5000 retail stores in over
70 countries. Baťa has entered the Guinness
Book of Records as the largest retailer
and manufacturer of shoes
in the world.
Ultralight aircraft
The Czech Republic is among
the world leaders in the production
of ultralight aircraft and is the third
biggest producer in Europe.
Cyber security
The anti-virus software companies
AVG Technologies and AVAST have
become a symbol of success
for the Czech ICT sector. Each
of these companies currently provides
protection against cyber
threats to more than
200 million users worldwide.
Nanotechnology
In 2003 Oldřich Jirsak developed
a reliable method of spinning
fibres measuring 200 nanometres
in diameter. Based on his patent,
the Czech company Elmarco
became the first supplier
of industrial-scale nanofibre
production equipment in 2004.
Plastic surgery
Czech physician František Burian
laid the foundations of plastic surgery.
In 1939, Czechoslovakia became
the first country to recognise
plastic surgery as a separate
field of medicine.
Did you know?
Where Czechs excel
Find out more about taxes
The Czech tax environment: Transparent and competitive
The tax system in the Czech Republic is transparent and competitive, and offers a number of interesting
opportunities to both domestic and foreign investors.
he current direct and indirect tax system was established more than two decades ago and came into effect on 1 January 1993. Since EU accession on 1 May 2004, the system has undergone a continuous process
of harmonisation with European legislation. Parent-subsidiary, interest-royalty and merger directives as well as VAT and excise duty directives were duly incorporated into Czech law. The Czech Republic also has a broad network of double tax-ation treaties with both EU and non-EU countries. These double taxation treaties are based mainly on the OECD Model Tax Convention. Despite relatively frequent amendments, the tax system gradually developed through changes introduced in connection with fiscal reform in 2008 and as a part of anti-crisis measures in 2011.
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Practical tip:
Prior to setting up a new legal entity in the Czech Republic, it is worth considering the tax residency of its shareholder(s), as this is important with respect to obtaining tax-exempt status for dividends and capital gains, optimising the financing of the Czech subsidiary (debt vs. equity) and minimising the tax burden with respect to other payments such as royalties.
In order to attract investments and support the development of activities with high value added, the Czech Republic maintains and actively develops a number of investment incentive schemes. Incentives are provided in the form of, among other things, ten-year tax relief both for new investments and expansion projects, cash grants in the amount of up to 12.5% of capital expenditures for manufacturing and research and development centres, super-deduction of expenses incurred on R&D projects and a proper-ty-tax waiver in special industrial zones. These incen-tives are provided based on the Investment Incentives Act, which means they are transparent, consistent and predictable. The number of national and EU funding programmes supporting activities in, for example, the areas of energy, the environment, R&D and innova-tion, and employee training are also provided.
Practical tip:
Performing a review of the available incen-tives schemes prior to entering the Czech Republic could help to secure tax savings and/or additional funding. The benefits could be optimised through proper timing and structuring of the investment. Support is available not only for manufacturing but also for R&D centres and business support services centres including shared-services, software-development, high-tech repair, data and call centres.
Administration and collection of the individual taxes falls under the General Financial Directorate and its subordinated administrative bodies, the local tax authorities. The Special Financial Authority is responsible for large taxpayers with annual turnover exceeding EUR 74 million (CZK 2 billion). The Supreme Administrative Court, established in 2003, is responsible for dealing with disputes in the tax area and aims to take a consist-ent approach in such disputes.
Business taxationThe corporate income tax rate of 19% has been in place since 2010 after gradually decreasing from 45% in 1993 (certain domestic and foreign investment funds are subject to 5% income tax). Withholding tax is applicable to limited types of payments to non-residents (mainly dividends, interest and royalties); however, exemptions based on the respective EU directives incorporated into the Czech tax law and/or double taxation treaty can be obtained.
As the corporate income tax base is determined in accordance with the Czech Accounting Standards, it is necessary to set up accounting systems that meet the requirements of the Czech Accounting Act. The main permanent differences between Czech tax and the stat-utory result include thin capitalisation interest, shortag-es and damages, expenses related to exempt income (such as shareholding costs), representation, penalties and certain employee benefits. The main temporary differences include tax depreciation, provisions and
the social-security and health-insurance systems cover a wide range of state support including high-quality public medical care, pension and disability insurance, sickness insurance and unemployment benefits.Various benefits are provided in order to hire and retain a qualified workforce. Corporate and personal income-tax treatment of these benefits differs with respect to their nature. In some situations, it is possible to use a combination of tax deductibility for the corpora-tion with exemption for personal income-tax purposes.
Value added taxFor VAT payers performing taxable activities, VAT should not represent an additional cost. Input VAT is credited against the output VAT obligation and a potential refund of excess VAT paid (e.g. in the case of VAT-exempt exports or intra-community supplies) is usually available within 30 day of filing. The Czech Republic implemented Directive 2006/112/EC on the common system of VAT and is thus generally harmonised with the principles applied within the EU.
reserves. The functional currency is the Czech koruna. Transfer pricing rules are compliant with OECD rules and an advance pricing agreement can be obtained. Reflecting various base erosion and profit shifting ini-tiatives at the EU level, the Czech tax authorities follow the trends and are focusing increasingly on the area of transfer prices and, in particular, the tax deductibility of various intra-group services. Although there is no explicit transfer pricing documentation obligation in the Czech Republic, taxpayers must justify the arm’s-length level of prices agreed with related parties if such taxpayers are subjected to a tax audit. Prepara-tion of standard documentation including a local file addressing the functional and risk profile of the Czech entity, selection of method and a benchmarking analysis should provide sufficient assurance in this area.
Taxation of employeesThe income of residents and non-residents is taxed at a flat rate of 15%. A solidarity surcharge of 7% applies to annual income from employment and profit from self-employment (business) activities exceeding approximately EUR 47,000 in total.Participation in the Czech social security-system is generally required for individuals who work in the Czech Republic. This can be modified by the application of the EU social-security legislation or respective totali-sation agreement. Although the aggregated rates might seem above average (34% for the employer and 11% for the employee, capped for high-income employees),
Ondřej JanečekPartner, Tax Services, [email protected]
Martin HladkýSenior Manager, Tax Services, EY
www.ey.com/CZ
Tax environment
Practical tip:
The Czech laws governing taxation and investment incentives provide a number of opportunities to decrease the effective tax base. These include deductions of tax losses carried forward over five years, the possibility to suspend tax depreciation in order to accelerate utilisation of tax loss-es carried forward and claiming of a double deduction of qualifying expenses incurred with respect to R&D projects.
Practical tip:
As it reflects the nature of a particular foreign employee’s responsibilities and the duration of their presence in the Czech Republic, such employee’s contractual relationship with the employer/Czech entity needs to be properly structured in order to achieve optimal results from both the corporate and individual tax perspectives. Management services and labour hire agreements are the two methods most commonly used in practice.
The Czech tax authorities and Czech courts monitor the decisions of the Court of Justice of the EU in this area as a matter of course.
Customs dutiesAs a member of the European Union, the Czech Republic follows EU customs regulations, including the EU tariff nomenclature, customs code and other customs regulations. The transfer of goods into or out of other EU member states is generally not regarded as export or import. Goods imported from third countries into the Czech Republic are subject to import customs duties, excise duties, VAT and other commercial policy measures based on the EU customs tariff.
Other taxes and dutiesSeveral rather immaterial taxes such as property tax, property transfer tax and road tax are applica-ble in the Czech Republic.
Taxes on electricity, natural gas and solid fuel are paya-ble upon delivery to the final customer with a number of exemptions for industrial and energy production. Production and import of specified consumer goods (such as mineral oils, tobacco products, spirits, beer and wine) are subject to excise duty in the Czech Republic at the lower end of the EU harmonisation requirements.
Practical tip:
Although VAT is neutral for most entrepreneurs, the setting-up of internal processes is crucial to prevent potential non-compliance. The Czech tax authorities specifically focus on, for example, documen-tation supporting intra-community supply outside the territory of the Czech Republic and specific requirements which apply with respect to collecting VAT securing.
Practical tip:
It is possible to obtain a property-tax exemption for up to five years if the particular building/production facility is located in a special industrial zone.
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Paying corporate taxes in the Czech Republic
In the past twenty-five years the Czech Republic has come a long way in the area of corporate taxation. Entering
the European Union probably had the most significant impact on the Czech tax system and led to the harmonisation of the basics of the Czech tax
system with those of other EU countries.
C
104 | INVESTORS‘ GUIDEBOOK
orporate income tax Generally speaking, the Czech tax system is now more or less har-monised with tax systems across the EU and OECD. Nevertheless, the Czech Republic has retained
its uniqueness and is trying to build a competitive tax environment that will make the Czech Republic attractive for investments and doing business. The Czech corporate income-tax (CIT) system is generally regarded as stable and future changes in tax legislation are mostly predictable. Historically, the CIT rate has exhibited an optimistic downward trend. Over the past 22 years the CIT rate has decreased from the original 45% applied in 1993 to the current 19% applied to corporate income generated by all companies, including branches of foreign companies. As far as we know, the Czech tax authorities are also planning to keep the CIT rate stable on the current-ly applicable level in the near future. To give a full picture, next to the standard 19% CIT rate there is also a special CIT rate of 5% levied on basic investment funds and a 0% CIT rate applied to pension funds. No national or local taxes on corporate income are applied in the Czech Republic.The Czech Republic does not permit corporate group taxation. Each company in a group is taxed individu-
ally. The consolidated corporate tax base only applies for general partners and their shares of the profit of their general partnership. Investment incentives are available to Czech entities (including Czech subsidiaries of foreign companies) and may cover up to 25% of the costs of planned investments. Incentives include income-tax relief for a period of up to ten years, property-tax relief for up to five years, cash grants for job creation as well as training and retraining of employees, cash grants for capital expenditures, and transfer of land at specially reduced prices. Investment incentives are available in the manufacturing industry and for sup-port of technology centres, business support services centres, data centres, and customer support centres. Apart from investment incentives, companies may also apply for other means of financial support from EU funds. Research and development is also an area supported by the Czech tax system. Up to 100% of specific R&D expenses incurred in a given tax year may be deducted from the tax base as a special tax allowance in addition to applying them as a standard tax-deductible cost. Since 2014, an additional 10% of R&D costs may be applied as an allowance from the difference by which the current year’s qualifying costs exceed those of the previous period.
Dividend and interest income is subject to with-holding tax of up to 35% in the case of non-treaty/TIEA countries. However, the withholding tax is generally decreased to the basic 15% rate or even lower in the case of an applicable double taxation treaty or under the applicable EU directive. Currently, the Czech Republic is party to more than 87 double taxation treaties. Transfer pricing is increasingly becoming an tax issue in the Czech Republic, which means that prices agreed between related parties have to be set at arm’s length. Although there is no legal requirement to keep transfer pricing documentation, in practice doing so is strongly recommended, as the taxpayer bears the burden of proof upon an inspection of prices by the tax authorities. Generally, pricing methods as described in OECD guidelines are followed. The consequences of incorrect transfer pricing adjustments may lead to tax exposure and penalties. In the event of uncertainties in the area of transfer pricing, taxpayers may request that the tax authorities issue an advance pricing agreement regarding ongo-ing or future transactions between related parties.
Value added taxIn the area of value added tax, the Czech Republic follows the Council Directive on the common sys-
Furthermore, in 2013 the concept of the “unreliable VAT payer” was introduced together with joint VAT li-ability of the recipient of the supply for VAT unpaid by the supplier. Currently, there are nearly two thousand names on the “black list” and the rules for joint VAT liability have been made stricter several times since their introduction. For companies that want to avoid being jointly liable for the VAT unpaid by their supplier, the option of splitting the VAT payment was introduced. This means that the recipient of a taxable supply may opt to pay the VAT on the received supply to the account of the Tax Office to which the supplier reports. Pursuant to the VAT Act, a new report called a control statement was introduced on 1 January 2016. This new report should be the most effective tool in fighting tax evasion, especially in the case of so-called carousel frauds. All VAT payers will initially have to submit the control statement for the period of January 2016 if they render a supply with a place of taxable supply in the Czech Republic or if they report an input VAT deduction in their VAT returns.
Control statementThe control statement does not replace VAT returns; it is submitted along with them. Its purpose is to support the information provided in VAT returns in order to help the tax administration to detect and prevent tax evasion. The control statement contains detailed information which VAT payers already include in their VAT records. This information should provide the tax authorities with large volumes of data that can be used to perform cross-checks and analysis of trans-
tem of VAT. Therefore, the VAT system in the Czech Republic is fully harmonised with the rules of the European Union. There are three VAT rates in the Czech Republic – the standard rate of 21% is applied to the majority of goods and services; the first reduced rate of 15% is applied to, for example, the majority of foodstuffs and non-alcoholic beverages, regular mass transport, accommodation, and construction works related to social housing. The second reduced rate of 10% is applied to certain types of medication, books and products used to produce food suitable for people suffering from coeliac disease. There are also VAT-exempt goods and services, e.g. banking services, rent and supply of immovable property.
Current tax-administration activities in the area of anti-fraud measures The Czech Republic is active in fighting VAT fraud. As an example, the local reverse-charge VAT regime was introduced for a number of supplies like deliv-ery of gold (2006) and construction works (2012). In April 2015, the local reverse-charge VAT regime was widened to include goods and services listed in the aforementioned Council Directive such as mobile phones, metals, gaming consoles, tablets and laptops.
David BorkovecPartner, PwC Česká republika
Martin DivišDirector, PwC Česká republika
www.pwc.com/cz
Business taxation
actions carried out in the Czech Republic. As a result of such checks, the tax authorities may identify suspi-cious groups of taxable persons and carousel frauds. Control statements have to be submitted electronical-ly so that the tax authorities process the information automatically and use data-analytic approaches.In order to drive home the importance of the control statement as a tool for fighting tax fraud, strict dead-lines and sanctions have been enacted. The deadline for submitting a control statement after a receiving a notice from the tax authorities is only five busi-ness days, i.e. VAT payers will be obliged to respond in a very short time in the event that they receive such a notice.In the area of sanctions, the amounts are firmly set. The lowest sanction – CZK 1,000 (approx. EUR 37) – will be assessed in the case of late submission of the control statement without prior notice of such delay being provided to the tax authorities. Should the control statement not be submitted even after such notice has been given, the sanction will be CZK 50,000 (approx. EUR 1,850). Further-more, if the tax administration is seriously impeded by non-submission of the control statement, a sanction of up to CZK 500,000 (approx. EUR 18,500) may be levied.Although the purpose of the control statement is clear and understandable, it will increase the administrative burden of every VAT payer in the Czech Republic. So far, companies have had to make adjustments in their accounting/tax systems, ensure the training of their employees and implement new internal control systems.
Corporate taxation – what can we expect in the near future?
The Czech Republic will participate in the automatic international exchange of information about financial accounts for the purposes of tax administration. Sixty-one countries are already committed and more than 90 countries have promised to implement the information exchange. The first automatic exchange should be set up by September 2017. We will see how this step changes Czech and international tax inspection from what we currently know.
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Paying personal income tax in the Czech Republic
Czech tax law recognises five types of individual income subject to tax and stipulates specific rules for calculating the partial tax
base from each of them. The total tax base of an individual is then represented by the sum of these partial tax bases.
The personal income tax rate is a flat 15%. There are also specific tax-base deductions and tax deductions available, provided
that the specified conditions are met.
ax residencyCzech tax residents have a duty to pay tax in the Czech Republic from their worldwide income. An individual is considered a Czech tax resident if he or she has
a permanent address in the Czech Republic or spends here at least 183 days in total per year. Should the individual be considered a tax resident in various other countries under those countries’ domestic tax laws, tax residency is assessed in accordance with the relevant double-taxation treaty, if one exists.The tax liability of Czech tax non-residents have in the Czech Republic is limited to their Czech-sourced income only. This mainly refers to:
Income from employment activities performed in the Czech Republic Income from providing services
in the Czech Republic Income from the sale of real estate located
in the Czech Republic or from the sale of shares of Czech companies Income paid by Czech tax residents to the taxpayer
in the form of interest, dividends, licence fees, rental payments, etc.
TExample (Entrepreneurship)
An individual performed the following activities in 2015:
Provision of tax-advisory services: earned income of CZK 2,400,000
(approx. EUR 88,200), incurred expenses of CZK 270,000 (approx. EUR 10,000)
Book-keeping: earned income of CZK 400,000 (approx. EUR 14,700),
incurred expenses of CZK 300,000 (approx. EUR 11,000)
Teaching: earned income of CZK 500,000 (approx. EUR 18,400), incurred expenses
of CZK 270,000 (approx. EUR 10,000)
With respect to provision of tax-advisory services, claiming the 40% lump-sum standard
deduction is more advantageous than claiming actual expenses despite their limitation
at CZK 800,000 (approx. EUR 29,500).
Book-keeping and teaching are treated together as a regular (non-specific) business
activity. In this case, claiming actual expenses should be more advantageous than
the lump-sum standard deduction.
Total taxable income: CZK 3,300,000 (approx. EUR 121,300), total claimed expenses:
CZK 1,370,000 (approx. EUR 50,400). Partial tax base from entrepreneurship:
CZK 1,930,000 (approx. EUR 70,900).
Example (Employment)
Annual gross salary: CZK 2,000,000
(approx. EUR 73,600)
Sum of social-security and health-in-
surance contributions paid by the emp
loyer: health-insurance contribution of 9%
of the gross salary + social-security
contribution of 25% of the max. ass
essment base, i.e. CZK 499,332 (approx.
EUR 18,400)
Super-gross salary (partial tax base
from employment): CZK 2,499,332
(approx. EUR 91,900)
Tax: 15% of CZK 1,277,328 + 22%
of CZK 1,222,004, i.e. CZK 460,440 (approx.
EUR 16,900).
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Types of taxable incomeThe following five general types of income are recog-nised in relation to individuals:
From a dependent activity (employment) From an independent activity (entrepreneurship) From capital assets (interest, dividends, etc.) Rental income Other income
Based on the tax domicile of the individual and the type of income, withholding tax of 15% (or less in accordance with the relevant double-taxation) may be applicable. If the income is not subject to withholding tax, it is then part of the general tax base subject to the regular 15% tax rate.
EmploymentEmployment income is mainly income from perform-ing work based on an employment contract or remu-neration of statutory representatives of companies.Except for salary, the partial tax base from employ-ment may also include several taxable benefits (e.g. 1% of the acquisition price of a company car, if such car is used for personal purposes). On the other hand, there are many other in-kind benefits which under certain rules are not subject to tax, e.g. non-mon-etary contributions for cultural and sports events, healthcare, training facilities, recreational facilities, meal contributions and contributions to pension and life insurance accounts.Personal income tax of 15% is calculated based on the taxpayer’s so-called “super-gross” salary, which is the sum of his/her gross salary and taxable benefits (i.e. employment income) increased by the employer’s social-security and health-insurance contributions in the amount of 34% of the employee’s income.A maximum assessment base applies to social security. For 2015, the limit was set at CZK 1,277,328 (approx. EUR 47,000). No social-security contribution is paid from employment income exceeding this amount. This limit is also observed by the rules for calculation of the tax base, i.e. no tax is calculated from the assessment base for social-security insurance exceeding the limit. However, there is no maximum limit applicable to health insurance.
Capital IncomeIncome from capital assets mainly comprises received dividends, interest or income from pension and life insurance policies.Interest income (e.g. from a loan) paid to a tax resident is generally not subject to withholding tax and is thus in-cluded in this partial tax base. Other payments are mostly subject to 15% withholding tax and are therefore exclud-ed from further taxation as part of the regular tax base.
Rental incomeThis category includes income from leases excluding occasional leasing of movable property. The mech-anism of calculating the partial tax base (or tax loss) from leases is similar to entrepreneurial income, i.e.:
All income and expenses are taxable on cash basis. The individual may choose between claiming
actually incurred expenses under practically the same rules as an entrepreneur (incl. tax depreciation of fixed assets) or claiming a lump-sum standard deduction. The lump-sum standard deduction is 30%
in this case; the income limit for claiming the lump-sum deduction is again CZK 2,000,000 (approx. EUR 73,500).
Other incomeAny income other than that described above falls within the scope of the partial tax base, e.g. income from the sale of property or movable assets including shares, from occasional activities and leases of mova-ble property, non-monetary income, etc.Expenses related to a particular kind of income may be deducted from the tax base, though only up to the amount of the respective kind of income.
Employment income exceeding the maximum assessment base for social security as described above is subject to the so-called “tax solidarity surcharge” of an additional 7%. Excess amounts are subject to the 22% tax rate.
EntrepreneurshipThe partial tax base (or tax loss) from entrepreneur-ship is represented by the difference between earned business income and related business expenses. Income is generally taxable on a cash basis.The individual may select the more convenient of the following methods of claiming tax-deductible expenses:
Paid expenses in the actual (provable) amount Lump-sum standard deduction
Expenses provably incurred in order to achieve taxable business income are basically tax-deducti-ble, though with certain limitations or exceptions. For example, an entrepreneur’s contributions to social security and health insurance, representation costs or penalties assessed by public authorities are treated as tax non-deductible. The value of fixed assets needs to be depreciated over the periods and using the methods as stipulated by the tax law.As an alternative, the individual can claim a lump-sum standard deduction calculated as a percentage of earned income stipulated by law instead of deduct-ing actual expenses. In most cases, a 60% deduction applies. There are, however, specific rates for certain kinds of income:
80% in the case of income from agricultural activities, forestry, water management and craft activities 40% in the case of income from the activities
of lawyers, tax advisors, architects, doctors, artists and certain other professions
The option of claiming the lump-sum standard deduction is limited to annual business income totalling CZK 2,000,000 (approx. EUR 73,600) or less. The lump-sum standard deduction cannot be applied to income in excess of that amount.
Martin ŠanderaHead of the Tax Team
www.asbgroup.eu
Individual taxation
Calculation of tax liabilityPrior to calculating the tax liability from the aggre-gate tax base composed of the partial tax bases as described above, some additional tax-base deductions can be applied if the stipulated conditions are met and the value limits are observed, e.g. deduction of paid mortgage interest, contributions made to a private pension scheme and/or private life insurance account, donations or unutilised tax losses carried forward from previous taxation periods. Tax liability is then calculat-ed as 15% of the aggregate tax base thus reduced.An individual can also apply for tax discounts (tax deductions). The general tax deduction for practically all individuals is CZK 24,840 (approx. EUR 900). There are also other tax deductions (e.g. for students, disabled tax-payers and taxpayers with a low-income spouse), which are applied under the stipulated conditions available to tax residents of the Czech Republic or to tax residents of another EU member state if taxable Czech-sourced income of such a non-resident comprises at least 90% of his or her worldwide income. The tax liability reduced by tax deductions is the final tax liability to be settled with the tax authority.
Tax ComplianceThe obligation of an individual to submit a tax return arises if the individual earns taxable income (not subject to withholding tax) in the annual amount of at least CZK 15,000 (approx. EUR 550). However, if the individual earns employment income, the obligation to file a tax return arises if he or she also derives other taxable in-come not subject to withholding tax in the total annual amount of at least CZK 6,000 (approx. EUR 220).If the individual earns only employment income, the obligation to file a tax return generally does not arise unless the tax solidarity surcharge is assessed.
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The Czech Republic is a country with a lot of beautiful spots and places to visit or
to do activities. And whether you go hiking, cycling or even canoeing, you can be sure
you will be able to get a good beer.
Philippe Michel General Manager
Zodiac Aerospace
Mark Chavez Founder
Decapoda
Czechs have quickly developed multi-lingual and multi-
cultural skills that help them adapt to all the changes in their
society.
Renaud Chevalier General Manager
Legrand
Prague is really a nice city to relocate to with a family, as I did. Its medium size
makes it very good for easy living, and its numerous green areas, wonderful public
transport and safety make the quality of life here quite enjoyable.
What expats say about the Czech Republic
I have been impressed by the high
quality of the workforce in the Czech
Republic.
Mihoko YamakawaWife of the Ambassador of Japan
to the Czech Republic
I am lucky to live in Prague which is
one of the most beautiful cities
in the world.
James Stoker President & Managing Executive
GE Aviation Czech
Interested in M&A?
Czech M&A – reaching the international standard
Since the Velvet Revolution of 1989, which brought forth a com-plete change of the political and legal climate in the former
Czechoslovakia, the level of knowledge and experience of Czech lawyers drafting and negotiating M&A transactions developed
from nearly nothing to a level comparable with that found in other developed countries, whereas Czech M&A practices now
mostly follow the Anglo-American model.
110 | INVESTORS‘ GUIDEBOOK
he concepts, structures and vocabu-lary used for many years in Western Europe, Asia and the US are now generally known and accepted by the Czech legal community dealing with transactions. And this is indeed
what a foreign investor should expect from its Czech lawyer assisting in any M&A transaction here.
The legislationThe completely new Civil Code and Act on Corporations that came into force on 1 January 2014 have each sig-nificantly impacted the documentation of M&A trans-actions. These laws regulate, among other things, M&A sales contracts and now allow much more flexibility in structuring transactions, basically leaving the content of contracts on the sale of shares or assets to the free will of the parties. Given this flexibility, foreign parties may to some extent at least rely on many of the con-cepts and principles with which they are familiar from their home country even though Czech law may take a different approach to some concepts. Sometimes specific Czech regulatory aspects may also play a significant role, such as with merger clearance requirements or investment incentives-related condi-tions. Also, in a few specific cases additional consent of the government may be required (e.g. the defence sector and certain critical industries and services).
Choice of lawCzech law allows parties to choose foreign law if there is a foreign element to the transaction (e.g. a foreign party or certain critical contacts to a foreign jurisdiction). However, clauses dealing with the mechanics of shares endorsement or issuance, the transfer of real estate, various encumbrance- and security-related mechanisms and other issues that are regulated by provisions of Czech law that are deemed to be of a mandatory nature should always be reviewed by an experienced Czech counsel to en-sure their enforceability in the Czech Republic.
The transactional roundThe typical transactional process does not differ from what is found in other developed European countries. Thus, it includes the various steps taken in transactions whether structured as a “private sale” or an “auction process”. Most Czech transactional lawyers are generally familiar with terms and concepts such as “teaser”, “information memorandum”, “due diligence”, “preliminary/definite agreements” and “completion/closing”. There are typically different expectations as to the length and complexity of the transaction-al documents for a small or midsize transaction with a Czech family-owned business when compared to large corporations owned by foreign investors or large Czech private equity groups. The Czech legal
T
price. If the SPA is silent on this point, their exposure to possible price discounts or damages claims could potentially be quite extensive. While the exact amount of such limitation is usually subject to lengthy debates, it could end up being anything from 5% to 100% of the price equivalent range. Also the “de-minimis bas-kets” as the liability trigger thresholds are often subject to discussion and the final amounts usually depend on the type and size of the business in question. The buyer’s warranties are usually much more modest and often reduced to a few basic statements confirm-ing the ability to sign the contract, lack of insolvency circumstances and perhaps the availability of funds related to payment of the agreed price.
Non-competeNon-compete clauses usually form an important part of SPAs. The purpose of these clauses is to protect the value of the buyer’s investment in the sense that the seller should not compete with the sold business within the agreed scope and territory. Note that various EU competition principles and restrictions (also known as “ancillary restraints” rules) apply and often limit the enforceability of non-compete clauses.
Dispute resolutionAs for the dispute resolution venue, Czech courts are generally considered to be slower (the process involves multiple hearings and opportunities for rebuttals, while arbitration is a single-instance institution) and less predictable in terms of the outcome expectations. This is probably why a majority of midsize and larger transactions tend to apply arbitration courts as the dispute resolution venue. Both Czech and non-Czech arbitration courts are applied in practice and the most commonly used Czech institution is the Arbitration
party and its counsel of the validity of such require-ment. The bottom line is that Anglo-Saxon style SPAs have become to a large extent the market standard for sophisticated deals.Given the Anglo-Saxon origin of many of the widely used precedents, it is sometimes difficult to interpret some of the clauses that obviously sought inspiration from legal jurisdictions with a completely different legal background and terminology. For example, the principles of interpretation for contracts governed by Czech law may differ significantly from the common law principles. Typical examples where Czech law may struggle with these concepts would include provisions dealing with the limitation of liability or indemnity pro-visions. Also, frequently used terms and concepts such as the “best knowledge” qualification in the representa-tions and warranties context or perhaps the concept of representations and warranties as such often do not have an equivalent in Czech law and thus must be very carefully drafted or defined to increase their chances of enforceability.Foreign parties should know that it is not realistic to expect that during the closing-related “money for shares swap” session, the purchase price will be paid exactly on the closing day if the parties have their bank accounts in different Czech banks or even in banks located in different countries. A separate escrow mecha-nism must be used or one of the parties must agree on the establishment of an interim bank account that would exist only for a limited period of time and would be maintained by the other party’s bank solely for the purposes of the closing-related money transfer.
Representations and warrantiesThe representations and warranties sections of SPAs are usually very heavily negotiated and this is where good legal advice may help to distinguish among the very important and the less important points and issues, while also taking into account the outcome of the due-diligence review. The length of these provisions may be in the range of only a few lines just basically confirming the ability of the parties to sign the contract to a dozen or more pages of very specific representations dealing with various areas of the target and its business. Czech sellers usually try hard to limit their liability to a predetermined amount often corresponding to a portion of the total purchase
Marek KreislPwC Legal
Managing [email protected]
www.pwclegal.cz
M&A-related documentation
community is also generally familiar with the role and content requirements of the various types of “prelim-inary agreements” such as the “letter of intent” (LOI), “memorandum of understanding” and “heads of terms” and these documents usually address issues such as the nature of the transfer (asset transfer vs. share deal), the purchase price and payment mechanics, the equity vs. debt structure and other major terms. However, it is important to ensure that such preliminary agreements are non-binding as to the key deal provisions, as these documents themselves could be deemed final contracts. On the negotiation side, the incorporation of any controversial terms into the final purchase con-tract that were missing in the executed LOI is possible, however doing so usually comes at a price.Czech transactions sometime involve exclusivity arrangements aimed at limiting the seller’s ability to negotiate a deal with another prospective buyer until a binding contract is signed. A “breakup fee” payable by the buyer if it walks away from the transaction for no le-gitimate reason and the deal is not closed for such rea-son is possible under Czech law, but it is not common. Non-disclosure and confidentiality agreements are very frequently signed, but often difficult to enforce.Shareholder agreements are quite frequent with all the various minority protection rules, options, drag/tag along rights and other universally applied concepts. Sale and purchase agreement The sale of shares still generally prevails over the sale of individual assets even if this form means that the buyer also inevitably purchases all the liabilities of the target company – known and unknown. Czech SPAs with less sophisticated parties are often simple and short but may also easily stretch to 30 or more pages in length. This usually depends on several factors, including the size of the transaction, type of the target business, involvement of foreign parties, structure of financing and the skills and ambitions of the legal and other advi-sors of the parties. It is not rare that in smaller or midsize transactions, sophisticated and extensive transaction documentation may at first be frowned upon. However, by using the appropriate tactics, the counterparty may be ultimately convinced to appreciate its benefits. Regardless of the size of the deal, certain points and is-sues should always be spelled out in the contract and it is the role of your Czech counsel to convince the other
Court attached to the Czech Chamber of Commerce and the Agricultural Chamber, the rules of which may be applied to both domestic and international disputes. Foreign arbitration under the rules of the ICC and the LCIA is also sometimes used, particularly when a potential dispute involves Czech and foreign entities, though the costs related to applying these venues tend to be higher. Another reason why parties often prefer arbitration to regular courts is the fact that arbitration awards are enforceable in more jurisdictions than are court decisions, given the Czech Republic’s member-ship in the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Termination or rescissionAs to the termination or rescission of share or asset deals, in practice these cases (so that the shares or assets are returned in exchange for the already paid consideration) are extremely rare and disputes over acquired assets/shares and the price usually proceed through the agreed dispute resolution mechanism, often including claims for price discounts or damages claims.
Asset salesAlthough share transfers generally prevail over asset deals, many transactions are still structured as asset deals. Here it is important to draw a distinction between the two major types of asset deals recognised under Czech law: (i) the so-called “sale of enterprise” and (ii) sale of selected assets and liabilities (some-times referred to as “cherry picking”). Note that the use of Anglo-Saxon precedents for these types of contracts is actually less frequent and there is some Czech mandatory legislation that must be taken into account when entering into these transactions.
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Making informedinvestment decisions
Global merger and acquisition (M&A) activities surged in FY14, the most active 12 months of deals since before the global economic crisis took root in 2008. Several factors are making the current period a significant time for deal-making. Corporate balance sheets remain
flush with cash and central bankers are keeping interest rates low. However, fresh concerns about global political uncertainty
surrounding the refugee crisis, the eurozone Grexit and disappointing growth rates in China pose potential risks on the M&A market.
In the rapidly changing environment, due diligence is becoming increasingly important for successful completion of M&A transactions.
112 | INVESTORS‘ GUIDEBOOK
efinitionsDue diligence is a common practice in M&A and is usu-ally conducted in the middle of the M&A process chain. Every strategic decision, such
as the acquisition of a foreign company, is usually preceded by an assessment of the potential risks. To help with the decision-making, most investors use due diligence, which precedes the transaction and has the principal aim of confirming the underly-ing investment assumptions and identifying and assessing the risks that the transaction might involve. In a multinational and ever more complex business environment, due diligence can support prospective investors in the analysis and assessment of available information in order to make an informed decision and create the best value from a transaction. There is no single definition of financial and tax due diligence. It can be defined as an investiga-tion designed to assist a purchaser in evaluating
the target company. A due diligence adviser undertakes a financial and tax review of the target to provide a clear picture of its financial perfor-mance, position and cash flows, tax compliance and exposures, highlighting potential risks and values of the transaction and identifying issues for reflection in a sale and purchase agreement (SPA) and completion accounts. There is no audit “opinion” compared to the statutory audit and the outcome of the due diligence is not a valuation report. Due diligence reports typically provide input for the purchaser for use in the ne-gotiation process, both with regard to price and other terms and conditions that might be includ-ed in the SPA. Generally, there are two types of financial and tax due diligence exercises – acquisition and vendor due diligence. Vendor due diligence (VDD) is performed for the vendor in a transac-tion that expects a tendering process with multi-ple potential bidders. VDD enables acceleration
D
Due diligence area Common issues Due diligence focus Impacting
Quality of information
Management reports not prepared in accordance with GAAP
Detailed reconciliations
Decision-making Valuation
Quality of earnings
Standard costing not updated for actual costsCash accountingFX exposureOwners´ costsFinance lease and factoring costs
WIP adjustmentsEBITDA normal-istaion
ValuationPurchase price
Working capital requirements
Working capital not tracedImpact of applying local standards (finance lease, factoring, etc.)
Alternative working capital analysisWorking capital normalisation
ValuationPurchase priceSPA negotiation
Net debt
Environmental provisionsEU subsidiesLegal disputesOff-balance sheet contingencies
Net debt definition Purchase priceSPA negotiation
Tax findings
Limited transfer pricing documentationPast reorganistations (substance vs. tax planning)Owners´ costsAlternative employment structures
Risk quantification SPA warranties and indemnities
Due diligence focus points: Czech privately owned companies
Due diligence in the Czech Republic With approximately 10.5 million inhabitants, the Czech Republic is a relatively small market in terms of population; however, it is the most developed among Central European countries. Owing to the market proximity to both Western and Eastern Europe, the Czech Republic offers a wide variety of opportunities to foreign inves-tors. Acquisition due diligence is commonly used in M&A deals in the Czech Republic. To maximise the chances of successfully closing an M&A deal in the Czech Republic, it is necessary to follow several rules in due diligence. Early involve-ment of advisors will help a potential bidder to receive key information for management decisions prior to submitting an indicative bid to the vendor. In certain industries, involvement of local subject-matter experts is necessary (e.g. energy regulatory experts). Differences between conducting due diligence in the Czech Republic and in overseas markets exist and should be assumed in preparing a transaction roadmap and the scope of due diligence. The table below includes a selection of common issues investors and their advisors face during a due diligence investigation. Risks can be mitigated when appropriate attention is paid to due diligence during the whole M&A process.
sustainable EBITDA. For transactions where a dis-counted cash-flow valuation is used, the investor will similarly want to understand the underlying earnings/operating cash for various evaluation purposes. Understanding what a “normal” level of working capital is and looking into intra-month working capital or cash trends will help the acquirer ne-gotiate pricing and assess what funding facilities they need to put in place with their lenders, if any. A “typical” pricing mechanism will allow for a business to be delivered to the acquirer with a “normal” or “target” level of working capital. There is no fixed definition for calculating normal working capital; therefore, this will be a part of the negotiation process and investors will often ask for assistance in analysing and under-standing this. The purpose of the net debt schedule is to pro-vide information on the likely impact of cash, debt and debt-like items (in the target business) on the consideration to be paid for a business. Business valuations are commonly assessed in terms of enterprise value. However, in order to calculate the amount payable to the vendor, the enterprise value is adjusted for net cash/debt (in addition to a working capital adjustment). Un-der a typical pricing mechanism, the acquirer will pay in full for any cash/cash-like items and get a deduction in full for any debt/debt-like items.The standard tax due diligence investigation focus-es more on the historical tax position of the target company with the aim of identifying and quanti-fying potential tax exposures within tax periods still open for tax audit. On the other hand, tax due diligence might also serve well for identifying potential tax savings and assessing the quality of transferable tax attributes (e.g. tax losses).
Tatiana BalkovicováAssistant Director, Deloitte Advisory
Peter SmataníkManager, Deloitte Advisory
www.deloitte.cz
Financial and tax due diligence
of the whole process and gives potential bidders greater comfort from the beginning of the pro-cess.
Due diligence investigationFor the purposes of this article, we will focus on describing acquisition due diligence (ADD). This form of due diligence enables prospective purchasers to check the reported financial condi-tion of the target company. The standard financial due diligence investigation includes assessment of the quality of earnings (historical, current and projected), sustainability of cash flows, working capital requirements and debt position including commentary on potential debt-like or off-balance sheet items. Assumptions underlying the projections of these figures may also be tested. Management reporting will most likely form the basis of analysis for due diligence purposes. Therefore, enquiry about its derivation is neces-sary to understand how it is tied to the under-lying financial records. Furthermore, it is often the case that internal management information may not be GAAP compliant, i.e. management may have already “normalised” the financial information for their definition of one-off items. As such, a common tactic for historical data is to reconcile the management accounts with the statutory accounts.The work in underlying earnings is often referred to as “normalised EBITDA”, “pro forma EBITDA” or “quality of earnings”. The aim of this investi-gation is to understand the underlying trading performance of the business, often with a focus on normalised pro forma EBITDA. In a significant number of transactions, the business will also be valued on a multiple of EBITDA, using a “clean”
M&AStrategy
TranstactionReadiness
Transtaction Diligence + Execution
Closing + Integration
Strategy
Integration + Transformation
Several trends are currently observable in deals on the Czech market. The majority of deals are becoming competitive with a standard-ised selling process and a VDD report in place. Advisors are often involved on both the selling and buying sides. Such an approach requires the due diligence provider to be involved from the initial stage of the process in order to ensure consistency between different sources of informa-tion provided to prospective investors (informa-tion memorandum, marketing documents and VDD report).An increasing number of completed deals include insurance of warranties and indemnities. In such a case, a due diligence report is a requirement for a potential insurer. The concluded pricing mechanism includes a higher share of locked box accounts. In this case, a key element is to understand the balance sheet at the locked box date, a definition of ordi-nary business activities or non-ordinary activities which present potential leakages in the locked box mechanism.According to Deloitte’s Private Equity Survey (May 2015), investor confidence is recovering after its recent dip, a boost mirrored in economic expectations with nearly a third of respondents (30%) expecting the economy to improve, up nearly three-fold from the previous survey’s figure of 11% (October 2014). With the expected recovery, deal advisory services and particularly financial and tax due diligence are becoming increasingly important for investors willing to convert their positive expectations into suc-cessful transactions.
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From preparation to operation
When making decisions in the process of preparing and implementing an investment in the Czech Republic, foreign
investors have the possibility to use the services of consulting firms connected with resolving various
construction-technical and organisational issues. This pertains to both projects involving new construction and those using existing structures (brownfields). At the same
time, it involves addressing the broadest range of issues encountered throughout lifecycle of the given project,
from preparation to operation. In the Czech Republic, these services are offered to foreign investors based on the past
findings and experience of the service providers, as well as the needs of the investors.
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he character of provided services is fully dependent on the character of the given project, including its preparation and implementa-tion, and the necessity of alerting the investors to errors arising from
lack of understanding of the specific conditions, differences in construction-related legislation and, especially, the necessity of minimising potential risks ensuing from these objective facts.
Technical screeningFor foreign investors, it is necessary to first men-tion services connected with technical screening of the conditions and surroundings of the future structure. Investors are offered services consisting in collection and assessment of information re-
quired for taking a definitive decision on the given project’s location. This involves the following measures:
Assessment of the proposed location of the struc-ture with respect to urban development doc-umentation and possible risks that could arise in future
Assessment of the transportation infrastructure with respect to not only the implementation and operation of the structure, but also to accessibili-ty for employees, work schedules, etc.
Assessment of the utilities networks, especially with respect to their long-term operability, quali-ty, capacity, loading, etc.
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organisational character are provided so that investors gain the necessary information and rec-ommendations that will facilitate the construction process. Such services include the following: Recommendation regarding the specific profes-sional competence of the project manager and formation of management teams. The required technical-organisational skills and experience and preparation of the selection of suitable candidates for individual management and executive positions are considered to be among the necessary prerequisites for ensuring success-ful project management. Here emphasis is also placed on thorough knowledge of the technical and organisational conditions of construction process in the Czech Republic.
In the Czech Republic, most construction projects are implemented via a general contractor. Inves-tors are therefore offered services related to eval-uation of all technical conditions of the project as well as compliance with the requirements ensuing from the construction documentation as negotiated with various public authorities. The assessment of materials for selection of a general contractor makes it possible to alert investors to risks that may arise during the course of construction beyond those set forth in the pro-ject documentation and that may lead to legal disputes. A technical audit of the documenta-tion for selection of the contractor carried out by a consulting firm is extraordinarily beneficial for investors. Assistance with the actual selection and evaluation of bids is a natural part of the of-fered services.
Foreign investors often request that consulting firms set up a project-management system and provide a monitoring function. These services are offered with respect to the construction, technical and technological works in every project. A basic function is to recommend an overall concept
Vladimír BílýRegional Director CEE
www.gleeds.com
Technical due diligence
Determination of climatic conditions in relation to transport, energy intensity, operating costs and scope of Facility Management services In the event that the investor decides to use of-fered buildings (a database containing such prop-erties is available at CzechInvest, for example), col-lected and evaluated documents and information on the following topics can be requested:
Quality of the given building and individual parts thereof
Quality of the utilised construction materials from the perspective of the structure’s anticipat-ed service life
Determination of the extent to which the current condition of buildings is or is not in accordance with the technical standards and regulations in force
Condition of the equipment and location of all necessary energy and other sources for flawless and economical operation of the future building
Condition of the fire-protection system and assurance of occupational safety including acces-sibility in the case of extraordinary events
Foreign investors most commonly request this overview of analytical documents and informa-tion from consulting firms. It is natural that most of them are able to prepare it for investors and give answers to other questions pertaining to the con-struction-technical area. Such documents and information always serve as the foundation for in-vestors’ strategic decision-making with respect to choosing a location for a structure or, as the case may be, using existing structures.
Preparation and implementationFor the actual process of preparing and imple-menting construction, services of a technical and
The process of providing such a type of the Tech-nical Due Diligence services as described above is common practice and is always the result of the in-itial discussions and the requirements precisely formulated by the investor.
Step 1:
The investor and consulting firm define the objectives and set up the time schedule
and organisational assurance. Usually, a representative of the consulting firm
explains to the investor all aspects of the agree activities. This also leads
to the conclusion of an agreement on cooperation.
Step 2:
The consulting firm forms a team of specialists according to the agreed requirements
with the objective of precisely specifying the preliminary actions to be taken according
to be taken according to the first step. The necessary contractual relationships are
agreed on the basis of this specification.
Step 3:
The consulting firm’s specialists verify individual areas and prepare partial reports
including necessary documentation and recommendations, which include suggestions
on how to use or change the determined state of the relevant measures.
Step 4:
The management of the consulting firm submits a final summary report to the investor.
Within this report, emphasis is placed on a comprehensive solution for determining
the status with a statement of the degree of importance of the determined facts.
of project management which includes, among other things, the key milestones of the construc-tion project, the basic links between structural and technological works and a statement of significant risk areas. Such a management concept does not replace commonly used control and monitoring mechanisms. The breadth and depth of using these and other TDD-type services are always based on discussions between the investor and the consulting firm. This usually involves adhering to the following process:
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Environmental due diligence – A cornerstone of new
acquisitions assessmentEnvironmental due diligence (EDD), i.e. the ecological audit
of industrial companies, administrative buildings or undeveloped land plots intended for further development,
is an important element in making decisions about new property acquisitions. The demand for EDD services is
increasing significantly as the market is developing after a few years of decline.
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he purpose of EDD is a compre-hensive evaluation of the assessed property with respect to possible environmental risks. The audit pro-vides the client with an assessment of whether the property complies
with the applicable laws and also provides a cal-culation of possible risks and the costs of remedial measures. Typical clients requesting EDD services include individual industrial companies and busi-ness chains as well as major developers and com-panies providing facility management services. As there is no specific EDD methodology in place in the Czech Republic and as most acquisitions
involve foreign investments, most consulting companies provide EDD services according to the E-1527-05 ASTM standard issued by the Amer-ican Society for Testing and Materials. This approach ensures easy orientation and meeting of foreign investors’ expectations. Environmental due diligence is performed in two stages according to the ASTM methodology.The first EDD stage includes the evaluation of the site according to its compliance with legis-lative requirements. The current state of the site and all activities taking place there are assessed during the auditor’s actual visit. Based on available information, the following points are assessed:
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An environmental audit is performed particularly when companies and properties are purchased or sold, or when other business transactions are done and ecological commitments are transferred between the involved parties.
By considering where a viable pathway exists which connects a source with a receptor, this assessment will identify where pollutant linkages may exist. If there is no pollutant linkage, then there is no risk. Therefore, only where a viable pol-lutant linkage is established does this assessment go on to consider the level of risk. Risk should be based on the consideration of both:
the likelihood of an event (probability), which takes into account both the presence of the haz-ard and receptor and the integrity of the pathway
the severity of the potential consequence, which takes into account both the potential severity of the hazard and the sensitivity of the receptor
A specific issue in the Czech Republic is the ques-tion of old environmental burdens, particularly soil contamination due to industrial activities in the past decades. It is obvious that the issue of old eco-logical burdens exists in all countries, including those in western Europe. However, gradual steps with clear determination of the involved entities’ responsibility have been taken in these regions in connection with the development environmental responsibility and subsequent work on relevant legislation. The situation in the Czech Republic and other countries of the former Eastern Bloc was com-plicated by the privatisation of state-owned compa-nies in the 1990s. All known kinds of contamination were registered and so-called ecological agree-ments were concluded between the new owners and the National Property Fund of the Czech Repub-
links between sources of hazards via an exposure pathway to a potential receptor. Risk assessment is the process of collating known information on a hazard or set of hazards in order to estimate actual or potential risks to receptors. Receptors may be humans, a water resource, a sen-sitive local ecosystem or future construction ma-terials. Receptors can be connected with the haz-ard via one or several exposure pathways (e.g. the pathway of direct contact). Risks are generally managed by isolating or removing the hazard, iso-lating the receptor or by intercepting the exposure pathway. Without the three essential components of a source (hazard), pathway and receptor, there can be no risk. Thus, the mere presence of a hazard at a site does not mean that there will necessarily be attendant risks.
Jan PavlíkHead of the Environmental Division
www.enviros.cz
Environmental due diligence
the historical use of the site with emphasis on uncovering old ecological burdens
the environmental impact of current activities (waste handling, use and storage of chemicals, technological operations, heating and cooling)
Furthermore, all available documentation is reviewed (public registers and databases; docu-mentation at the site). Particular consideration is paid to the assessment of waste, waste water and handling of hazardous materials as well as the amount of produced airborne emissions.Health and safety and environmental consider-ations are addressed by adopting a site-specific qualitative approach to identify the risk of envi-ronmental harm. The guiding principle behind this approach is the attempt to establish connecting
lic at that time – these agreements ensure the allo-cation of state funds for the removal of the burdens. The ecological agreements agenda was later taken over by the Ministry of Finance of the Czech Repub-lic. Reviewing these facts represents an important step when EDD is performed in companies and it also is the point where EDD works overlap with legal due diligence works at the site in question, and both teams often cooperate.Another interesting specific fact is that a signifi-cant part of newly developed industrial zones is situated in brownfields on former military sites that became vacant after the withdrawal of Soviet armed forces from the Czech Republic or due to the reduction of oversized Czech military bases. The second EDD stage is performed in the case that the first stage defines the need of further specialised research that is necessary for making a qualified decision about the environmental state of the site. The most frequently performed activities during the second stage are research of asbes-tos occurrence, research and analysis of soil and groundwater samples – the most frequent contam-inant being oil products (hydrocarbons) or PCBs from the operation of old transformers and the like. We can unambiguously conclude that performing environmental due diligence should be a standard step during acquisitions of properties as it can sig-nificantly contribute to the decision-making process as a whole and decrease the costs of remedial meas-ures. The most important approach is to have EDD done by a qualified company that knows the local conditions and all related circumstances.
Phase 1 Phase 2
Review of available documentation
existing environmental burdens registered sources of pollution permits and approvals
If recommended from Phase 1, the following items are sampled and tested:
soil and groundwater PCB ACM
Site visit
inspection of the site’s maintenance handling of waste, chemicals
and hazardous substances presence of bulk storage, ODS and
PCB on site
Summary
potential risks recommendation for Phase 2 if necessary
Typical range of EDD
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Finding a trustworthy
manager in the Czech Republic
Nominee services are used when a nominee (fiduciary) looks after the assets on someone else’s behalf and acts
in their best interest. Such a person is usually nominated based on a contract between the client and a professional
provider, which means the nominee is not someone from the client’s staff. In the Czech Republic, these
services are provided on a very high level, comparable with the advanced countries of Western Europe.
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The trust elementThe nominee director service, which is probably the most com-mon type of nominee service, is typically provided by independent trust firms or individuals. Clients
recruit from various industries and business seg-ments and use this service for different reasons. As the element of trust is of great importance in this relationship (which is why providers of such services are often referred to as “trust firms”), clients tend to look for reputable provid-ers with an excellent track record. Conversely, providers tend to be a bit more selective when taking on new clients than in the case of other services like accounting or payroll.
A reason for caution is that the director is liable with all his/her personal assets to the sharehold-ers should he not act with due care. This is why a diligent KYC (know-your-client) procedure is performed before accepting a directorship client. Indeed, no director would like to serve and be a key contact to third parties on behalf of a company that is engaged in unethical or even illegal activities or simply has poor corporate governance that could cause non-compliance for which the director could be held accountable.The element of trust must work both ways, howev-er, as the same need for caution applies for clients, too. Because the director has great power within the company and can enter into contracts on behalf of the company, shareholders want to have some-
Level of experience – Sometimes clients have a few employees on the local market, but none with suf-ficient seniority or experience. Clients then often choose to outsource the directorship service rather than use their own employee who lacks relevant experience and would be distracted from his/her primary work by directorship duties.
Cost – It is cheaper to outsource to an experienced local director than to move one’s own full-time employee with the required seniority and experi-ence to a foreign country to serve as a director.
Language barrier – The director must read and sign many corporate documents, many of which can only be in the local language; having a native speaker of the given language is an advantage.
Employees do not want to do it – As mentioned earlier, directorship services represent certain risks for the directors. A professional provider has many checks and controls together with insurance and since it is a product for these providers, the pro-cedures and processes are well designed and maintained, which makes it safer for the nominee than for someone without this support, as well as more efficient for the client. Without such a setup, the risks for an employee who serves as director, among other things, are not insignificant.
One-off transaction and other reasons – Clients involved in an M&A transaction using a spe-cial-purpose vehicle frequently use outsourced directors who know how these transactions work, know other local service providers like lawyers, tax advisers, etc. and are happy to assist the client for a relatively short period of time, for which it would be even more difficult to find a director of decent quality.
SummaryNominee services are not a magic bullet that elim-inates all concerns and problems associated with a new investment. However, if used in the right way and with the right partner, they can save a lot of time and financial resources and add an extra di-mension of comfort and corporate governance.
Tomáš VinklerManaging Director
VISTRA CZECH REPUBLIC AND [email protected]
www.vistra.com
Nominee services
What directors do
The areas in which a director typically plays an active role vary and the director should be generally aware of all key happenings in the company. Even if it is typically the client who makes business decisions, sets the corporate strategy and instructs the director on execution, the director should check if the tasks are compliant with local legislation and oversee their proper execution.
Among other things, the agenda of a director comprises but is not limited to the following:
Attendance at regular board meetings in person or by conference call as frequently as required by the company’s investment strategy and activities
Regular proactive dialogue with the client and other board directors
Review and signing of all contracts to be entered into by the company, cooperation with the client’s lawyers, tax advisers and other professionals
Review and approval of the company’s financial statements, related communication with the client’s internal and/or external auditors, government authorities, etc.
Review of proposed changes to statutory documentation, including the company’s memorandum and articles of association, prior to the company’s adoption of such changes
If the company is an investment fund, review of its offering document and other materials prior to adoption of such documents
body trustworthy in such a position. Reputable trust firms serve as a sort of guarantor in this relationship, as they have adequate procedures in place ensuring that their di-rectors will act strictly on the client’s instructions only. This means that the client decides what contract to enter into and the director, in cooperation with the client’s lawyers, tax advisers and other professionals, executes the client’s wishes. It is for this reason that clients usually reach out to trust firms for this type of nominee service.
Why and when to use a nominee director Why use a nominee director when many companies use their own staff? Why not use your own people when finding the right provider is not always an easy task? To answer these questions, some commonly cited rea-sons for choosing this service are provided below.
Local management and control – If the client has its headquarters abroad, appointing a foreigner as the di-rector of a local company might lead to speculation with respect to where the real management and control are being executed. This risk is mitigated by appointing a professional local director who lives in the same coun-try in which the company is registered.
Independence and responsibility – Having an in-dependent trust firm with professional indemnity insurance and director and officers liability insurance appropriate to the size of its clients and which can also handle back-office management (accounting, payroll, compliance, etc.) is much more effective than using one’s own employee, who not only has to deal with di-rectorship tasks in addition to his/her primary duties, but may also go on holiday, become ill, leave the com-pany unexpectedly or pursue his/her own interests.
Limited presence in the country – This is typical for in-ward investors who do not need many people locally and manage their investments in multiple countries from their headquarters abroad. Having a local director with a prov-en track record who knows local legislation and the busi-ness community, can recommend local experts in other service areas and is used to daily operational matters such as how banks, the tax office and other governmental authorities operate saves the client time and resources and is more effective than having an expatriate dealing with these issues in multiple jurisdictions at once.
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CzechLink: The easy way
to find a strategic partnerCzechInvest’s CzechLink project is intended for Czech companies that
are seeking strategic or investment partners. During its four years in existence, CzechLink has supported more than 70 family-owned
firms and other companies with conservative financial management.
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Nella JanákováHead of the Sourcing Section
www.czechinvest.org
zechLink was initiated in response to the heightened demand among foreign companies for mergers with and acquisition of Czech firms. The purpose of the project is to seek out suitable acquisition targets and
to ease foreign investors’ capital entry into Czech compa-nies. CzechLink is most frequently used by manufacturing companies that are considering expanding their activities through an acquisition or joint venture, and investment funds and banks. Czech companies that are seeking a partner or investor through CzechLink must be headquartered in the Czech Republic and have at least a five-year history of operation in the country. They must also be financially healthy (i.e. they must not be in bankruptcy or subject to settlement). CzechLink helps firms to resolve problems with manage-ment succession and also provides the possibility to gain a strong partner for expansion. With respect to the project’s conditions, the size of in-vestment targets is in no way limited, though they are usually small and medium-sized enterprises with income ranging from EUR 3 million to EUR 10 million and fewer
than 150 employees. CzechLink is intended for companies in the manufacturing and ICT industries. Project partic-ipants are commonly firms engaged in plastic injection moulding, metalworking and CNC machining for the auto-motive industry. Furniture and mechanical-engineering firms has also expressed interest in the project. The current list of CzechLink participants is available on CzechInvest’s website. For every firm participating in the project, CzechInvest prepares an information sheet containing a detailed description of the company (ownership structure and legal form; business, technical and purchasing profiles; and a description of the given firm’s primary compe-tition) as well as a financial analysis of the company covering the past five years. The information sheet also serves as a internationally comprehensible presentation of the firm’s results. This sensitive information is provided to investors only after signing a confidentiality agreement with CzechInvest. In the subsequent phase, CzechInvest arranges introductory meetings between potential partners. However, the actual structure of the transac-tion (financing and management audit) is exclusively at the discretion of the investor and the given firm.
Structure of Participants (by headcount)
< 50
101 - 150
51 - 100
150 <
44%
28%
20%
8%
CzechLink offers a broad portfolio of companies that are actively seeking investors and is a possible way for investors to enter the Czech market though a merger or acquisition.
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Source: CzechInvest, 2015
Relocating a company to a foreign destination is always a demanding administrative process. In this respect, CzechInvest can assist foreign
companies coming to the Czech Republic.
Lucie PoláškováHead of the Aftercare Section
www.czechinvest.org
he agency’s Welcome Package
project substantially eases the process of arranging residence permits. Those eligible to register in the project include newly established Czech business
entities of foreign investors. The project is intended for statutory bodies, managers and key specialists who need to reside in the Czech Republic for longer than 90 days. The benefit of Welcome Package consists in accelerated issuance of residence visas to foreigners within 30 days following submission of the application to a Czech embassy abroad. Instead of submitting documents demonstrating the applicant’s achieved level of education abroad, it is necessary only to submit the Foreign Investor’s Declaration on Transfer of Foreign-ers to the Czech Republic.
Within Welcome Package, companies can use two means of relocating their employees and statutory bodies. These are internal transfer, whereby a for-eigner is transferred on the basis of a contract to work at a Czech branch while remaining in an employment relationship with the foreign investor, and localisation, whereby the transferred employee enters into an em-ployment relationship with the Czech entity. According to the law, it can take up to 60 days to issue an employee card, whereas within the Welcome Pack-age project this period is guaranteed to be no longer than 30 days from the date of submitting an applica-tion at a Czech embassy abroad. The project is most frequently used by investors from the United States, such as MSD IT Global Innovation Centre, Steelcase and Amazon. Internal transfer is the preferred method inemploymentmost cases.
As of 1 May 2015, the project also supports the relocation of family members who apply for a visa for the purpose of cohabitation of a family. Individual applications of members of the same family are thus processed jointly.
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Nationalities using Welcome Package(as of September 2015)
52%
19%
6%
4%
4%
4%4%
2% 4%
Helping foreign investors relocate to the Czech Republic
Internal transferHow do companies
use Welcome
Package?
How long is
the relocation process
with and without
Welcome Package?
Localisation
With Welcome Package
Without Welcome Package
79%
21%
up to 30 days
up to 60 days
USA
Japanese
Chinese
Mexicans
Russians
Koreans
Serbs
Indians
Other
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Automotive industry reflects
the Czech Republic’s tremendous potential
dous growth in sales of its cars, which regularly place at the top of satisfaction surveys among Czech and foreign customers. Škoda Auto has also been of great benefit to the Czech econo-my. The positive experience with vehicle man-ufacturing has attracted other foreign inves-tors to the country and has led to significant development of suppliers. Today other, related sectors are also benefitting from the Czech Republic’s high-quality automotive industry, as advanced technologies have flowed into the country. For example, the TPCA and Hyun-dai factories as well as the new Škoda Auto plant in Kvasiny are among the most modern automotive production facilities in Europe. I am thoroughly convinced that Czech automo-tive manufacturing and related investments are an inspiration for other sectors. The quality of the work of Czech engineers is recognised globally. Vehicle manufacturing has been and continues to be indicative of the Czech Repub-lic’s tremendous potential. On the occasion of the twentieth anniver-sary of the establishment of the Association for Foreign Investment, I would like to wish the Czech Republic and the AFI’s members and partners ongoing stability with respect to the inflow of investments, clients, tech-nologies and knowledge, which will find in the Czech Republic an ideal environment for further development.
Martin Jahn
Head of Fleet Sales at Volkswagen Group
President of the Automotive Industry Association of the Czech Republic
AFI Honorary Member
Former CEO of CzechInvest (1999-2004)
The Czech Republic is experiencing a very fa-vourable period for business and investment, as well as in terms of society-wide develop-ment. The country, which has long been very stable and among the safest in the world, cur-rently has the fastest growing economy in Eu-rope. In the third quarter of 2015, the Czech Republic’s gross domestic product grew 4.5% year on year. Industry has played a major role in these positive results, with the automotive sector remaining the driving force behind the economy’s growth. The country benefits from its long industrial tradition together with its strategic location in the heart of Eu-rope, availability of skilled workers and spe-cialists, and sufficient number of suppliers. In comparison with those in neighbouring countries, wages in the Czech automotive sector are still highly competitive. The sector accounts for 23.4% of Czech exports. The total value of automotive production in the Czech Republic is nearly CZK 1 billion. In 2016 the Czech carmaker Škoda Auto is celebrating the twenty-fifth anniversary of its privatisation. From today’s perspective, it can be stated that Volkswagen’s invest-ment in the company has proven to be one of the most successful privatisations carried out since the fall of the country’s communist regime. Under the wing of its German parent company, Škoda Auto has achieved tremen-
Top sectors for investment
124 | INVESTORS‘ GUIDEBOOK
AutomotiveThe Czech Republic has a special place among Central Europe-an countries. It has a strong industrial tradition dating back to the early 19th century when the Czech lands were the most industrialised part of the Austro-Hungarian Empire. One of the oldest factory-made cars in the world is Tatra Präsident produced in Kopřivnice in 1897. Before the Second World War, many automobile companies were established in the Czech lands, e.g. Tatra (1850), Laurin & Klement (1895, now under the name Škoda Auto, a subsidiary of Volkswagen AG), Karosa (1896, now Iveco Bus, a subsidiary of CNH Industrial), Walter (1902), Praga (1908), Wikov (1918), Aero (1929) and several others. In the 1930s, Czechoslovakia was one of the most mo-torised countries in Europe, with 14 cars per 1,000 inhabitants in 1936. Even in the period of communism Czech producers like Škoda or Tatra were competitive enough to develop their own cars, which were even exported to western markets. A boom of Czech OEMs came in the 1990s and 2000s when Volkswagen AG acquired Škoda Auto, Toyota and PSA Peuge-ot Citroën established a joint-venture in Kolín, and Hyundai opened its only European plant near Ostrava. With more than 1.3 million cars manufactured in 2015, the Czech Repub-lic is the biggest producer in Central and Eastern Europe. Carmakers in the Czech Republic manufacture vehicles in all segments, i.e. city cars (Toyota Aygo, Citroën C1, Peugeot 108), superminis (Škoda Fabia), small family cars (Škoda Rapid, Ško-da Roomster, Hyundai i30), large family cars (Škoda Octavia, Škoda Superb), SUVs (Škoda Yeti, Hyundai ix35) and MPVs (Hyundai ix20).The Czech automotive sector is characterised not only by OEMs, but also by its robust supplier base. Fifty-six out of 100 global tier-one suppliers have at least one of facility in the Czech Republic. The world’s most renowned global automotive suppliers, particularly those from from Europe, Japan, South Korea and the United States have established operations in the Czech Republic in recent years and are plan-ning further expansions here in the coming years.The automotive sector is crucial for Czech industry, as it accounts for 21% of both total industrial production and exports. It also accounts for 7.5% of the Czech Republic’s GDP while employing 3.1% of the country’s workforce. With 2.7%, the Czech Republic has the largest share of the econom-ically active population employed directly in automotive manufacturing in Europe. The Czech automotive sector has also the highest annual gross value added per employee (EUR 68,400) in the CEE region.
Richard Schneider
Sector Manager for Automotive
CzechInvest
Aerospace
The aerospace sector has been a successfully developing part of the Czech industry since the first airplanes took to the skies over a century ago. Aviation is among the key industries with high added value in the Czech Republic and is among the very best that the country has to offer on the global market.With a long, successful track record in producing various aircraft parts, engines, avionics, hydraulic systems and space technologies, the Czech Republic is well integrated into global supply chains and is also a traditional OEM of multiple civil and military aircraft.Many international companies have chosen the Czech Republic as the location for their expansions. For example, Honeywell has over four thousand employees here working in administration, research and development, and manufac-turing. The Czech Republic has thus become one of the com-pany’s key bases in Europe in the field of aerospace and beyond. GE Aviation is another major investor, having placed turboprop-engine centre of excellence in Prague with design, development and production all under one roof. Bell Helicop-ter also chose Prague for its customisation and delivery centre. The French company Latecoere manufactures aircraft doors and parts thereof for practically all major aircraft OEMs in the world and Zodiac Aerospace’s Galleys Europe facility in Plzeň is the exclusive producer of all galleys for the Airbus A320 family of passenger jets. The light sport aircraft category is among the unique attrib-utes of the Czech aerospace industry. Firms in this segment are headed by very experienced engineers and workers, including former employees of major state-owned aircraft factories. Thanks to this, the Czech Republic has become one of the largest LSA manufacturers in the world.When it comes to space activities, the Czech Republic is not lagging behind. The main focus lies in high-added-value areas such as satellite systems, components and innovation programmes. Prague is the home of the European GNSS Agency responsible for the Galileo navigation system project and the country is also an active member of the European Space Agency. For many years, the Czech Republic’s aviation industry has been among the most competitive in the world and is once again proving that its expertise is valuable on the global market and that Czech companies are ready for the chal-lenges of the 21st century. Join the world’s elite and invest in the Czech Republic!
Marek Aubrecht
Sector Manager for Aerospace
CzechInvest
Mechanical engineering
Mechanical engineering has a great history in the Czech Republic. The country’s high-level technical know-how has been shared over centuries, resulting in the world-class level of today’s mechanical engineers, who are the sector’s greatest asset. Mechanical engineering plays a major role in the Czech economy and the country’s great concentration of mechan-ical-engineering companies makes the Czech Republic an engineering hub.The sector supplies complete plans and manufactures ma-chines (including turbines, transportation and air-condition-ing equipment; agricultural, food-processing and construction machinery; and machine tools) as well as household goods.The sector accounts for more than 10% of revenues from sales of products and services of the manufacturing industry in the Czech Republic and employs 12.5% of the country’s industrial workforce. Mechanical engineering has long been a major source of exports, as 80% and 90% of the sector’s output is sold abroad. The Czech Republic is the only CEE country that is a member of the prestigious European Committee for Cooperation in the Machine-Tool Industry (CECIMO).The Czech Republic is also home to a number of mechani-cal-engineering R&D centres. Corporate R&D centres involved in power engineering include , for example, Škoda Výzkum (Škoda Research), which is focused on research and testing of the service reliability of various type of power-engineering equipment, and ČKD Blansko Holding with its in-house Water Machinery Research Institute. Other power-engineering R&D centres are of an academic nature and are part of the Academy of the Sciences or technical universities. The most prominent of these are the Nuclear Research Institute in Řež, a sub-urb of Prague, the Centre for Advanced Technologies and Power Engineering Systems at the Czech Technical University in Prague, the New Technologies Research Centre in Plzeň, the Energy Institute at Brno University of Technology and the Energy Research Centre in Ostrava. The Czech Republic also been directly participating in the international CERN project since 1993. The Czech transport-engineering sector can attribute the success and reputation of its products to the work of world-class research centres and testing facilities. The quality of the local mechanical-engineering sector and its workers is evident in the fact that global leaders as Siemens, Honeywell, Bombardier Transportation, Robert Bosch, Sand-vik, Doosan, Komatsu, Rieter Group and Otis have established operations in the Czech Republic.
Eva Bernardová
Sector Manager for Engineering
CzechInvest
Electronics and electrical engineeringMore than anything else, the Czech electronics and electrical en-gineering sector is based on its long tradition and the extensive skills of its employees. The entire industry accounts for more than 14% of Czech manufacturing output, which makes it the second largest sector in the economy. Over 17,000 companies employ more than 180,000 workers in the sector here. Most of the sec-tor’s output is exported, mainly to markets within the European Union.Since the 1990s the Czech Republic has welcomed numerous investors in various sub-sectors of the electronics industry. The whole sector is growing, particularly due to the current economic boom and the presence of well-known manufacturers. Consumer electronics production is represented by, for example, Panasonic, the largest flat-panel television manufacturer in the Czech Republic. Another great example is electronics con-tract manufacturer Foxconn, which has two factories here. Bang & Olufsen made its first expansion outside Denmark when it set up its operation in the Czech Republic, which involves not only production of unique audio systems, but also an up a R&D facility.Many electronics companies are also important suppliers to other branches of industry, in particular the automotive and engineer-ing industries. The sharp development of the automotive sector in the Czech Republic and neighbouring countries has attracted a number of automotive electronics suppliers including Siemens, Bosch, Daikin, Tyco and Kostal. Lighting equipment for automo-biles is manufactured in the Czech Republic by Hella Autotechnik, Varroc Lightning Systems and Automotive Lightning.With respect to high-value-added products, it is very important to mention that every third electron microscope manufactured in 2014 originated in the Czech Republic. The Brno-based com-panies FEI, Tescan Orsay Holding and Delong Instruments are not only producers, but also conduct R&D activities with global impact. Other companies, such as ABB and ON Semiconductor, offer good examples of how local know-how in specific fields can be used in high-tech manufacturing and R&D activities as well.The dynamic growth of the electronics industry and great references from investors prove the Czech Republic’s status as a renowned investment destination. The country’s long tradition in the electronics sector, together with its solid educational system and strategic location, has attracted numerous foreign companies in the electronics sector, which are evenly distributed across the entire country.
Martin Kratochvíl
Sector Specialist for Electronics and Electrical Engineering
CzechInvest
ICTThe Czech Republic is one of Europe’s top locations for ICT investments. Repeatedly recognised by various researchers, this fact is confirmed by the strong inflow of high-value-add-ed projects of the world’s top ICT companies and is fuelled by the country’s tradition of excellence in technical fields. The list of successful investors in the country includes Skype, DHL, Tieto, Red Hat, SolarWinds, NetSuite and IBM.Furthermore, ICT companies with Czech origins are renowned worldwide for their products, such as antivirus software from AVG Technologies and AVAST protecting millions of com-puters all over the world. The Czech Republic is traditionally strong especially in the cyber security field, with companies including AVAST and AVG having their roots in Prague and Brno. Both cities are also home to some noteworthy game development studios, such as Bohemia Interactive, Warhorse or 2K Czech.While Google has come to dominate practically every aspect of the ICT sector, from its mobile platform to web search and online maps, it has a more-than-capable competitor in the Czech Republic called Seznam.cz, which stands toe-to-toe with the American giant and sometimes even outshines it. Thanks to Seznam.cz, the Czech Republic is the world’s only country using the Latin alphabet where Google is not the clear-ly dominant provider of web search and other services.Czech universities have quickly adopted the latest trends in the ICT sector and through intense focus on data mining, image and voice recognition, and M2M communication technologies, they are answering the challenges put forth by the development of cloud computing and mobile technol-ogies, thus enabling the creation of new solutions for smart cities and Industry 4.0. The Czech Republic aims to become one of the leading developers of these solutions.Thanks to investments in infrastructure, the Czech regions outside of Prague are gaining attractiveness, especially in the ICT sector. Brno, the second largest city in the Czech Republic, is considered to be the Czech IT hub, where compa-nies’ needs are met by qualified professionals, R&D facilities and institutions and advanced ICT infrastructure. Ostrava has been gaining importance in recent years and is on the path to greater international recognition thanks to projects such as IT4Innovations. Thus it is not surprising that companies such as Tieto have decided to establish their development centres there.
Matouš Kostlivý
Sector Manager for ICT
CzechInvest
Nanotechnology
Over the last decade, the area of nanotechnology has attracted more and more attention worldwide with a lot of new promising applications in the fields of medicine, textiles, surface treatment and filtration. The Czech Republic has established its own respectable position in the world of nanotechnology thanks to its industrial tradition, growing state-of-the-art research infrastructure with institutions coop-erating on the most prestigious projects, university education offering high-quality PhD programmes and a number of com-panies developing final products and coming up with many innovative ideas.Current specialisation in the field is the result of decades of research and development, whereas the outstanding findings of Professors Armin Delong and Oldřich Jirsák are arguably the most influential. The former introduced the first electron microscope into production in 1949, which later led to the fact that the city of Brno is considered to be the global centre of electron microscopy thanks to the Czech-based Tescan-Orsay Holding and the American firm FEI, which built the largest microscopy factory in the world in Brno in 2014. In 2003, Professor Jirsák developed a reliable method of spin-ning fibres measuring 200 nanometres in diameter. Based on his patent, the Czech company Elmarco became the first supplier of industrial-scale nanofibre production equipment in 2004 and allowed other Czech enterprises to process nano-fibers in order to produce, for example, membranes for water and air filtration and functional textiles. Apart from those mentioned above, there are still other remarkable fields in which Czech companies are highly com-petitive on the global scale, including production of monocrys-talline materials (CRYTUR), electron lithography for holography applications (IQ Structures), wound healing and tissue regen-eration (Contipro), research of nanostructured and cross-linked polymeric materials (SYNPO), and production of nanoparticles for special purposes (Advanced Materials – JTJ).Nanotechnology itself could not exist without robust chemical and textile industries and strong abilities in the area of developing new materials. This vibrant new sector is highly attractive to major foreign companies; current ongoing invest-ments include, for example, Fibertex in nonwoven textiles, Toray in waterless printing technology and AGC in advanced glass, and the group of Saint-Gobain having the Czech Republic as one of its key locations with three branches (Sekurit, Adfors, Isover) investing more than EUR 65 million on expansions only in 2015.
Jiří Fusek
Sector Manager for Nanotechnologies & Advanced Materials
CzechInvest
126 | INVESTORS‘ GUIDEBOOK
Life sciences
The Czech Republic has a rich history of scientific discoveries in life sciences ranging from the laws of heredity laid down by Gregor Johann Mendel, through the invention of soft contact lenses, to groundbreaking antiviral drugs whose principal compounds were developed by Professor Antonín Holý at the Institute of Organic Chemistry and Biochemistry of the Czech Academy of Sciences. The country is particularly strong in biomedical chemistry. Today, the primary areas within which the Czech life-sciences community operates and collab-orates internationally are research, development and production of human and veterinary pharmaceuticals, diagnostics, synthetic and fermentation technologies, animal and plant biotechnologies, medical devices and the use of biotechnologies in waste liquidation and environmental protection.Development of the sector is supported by effective patent protection, adoption of GMP, GLP and GCP standards, advanced genetic engineering and the government’s policy goals comprising continuation of support for R&D and acceleration of the transfer of knowledge between the science and business communities. Moreover, the country’s membership in the European Union guarantees a regulatory framework compatible with all EU countries, which comprise a consumer market of over 500 million customers within a two-hour flight from Prague.Examples of global companies conducting business, R&D and/or manufac-turing in the Czech Republic include Teva Pharmaceutical, Zentiva (Sanofi Group), Lonza Biotec, Novartis, Otsuka Pharmaceutical, MSD, Nanothera-peutics, Ferring, Bioveta, Gilead Sciences, Glenmark Pharmaceutical and Beckman Coulter, among others.Due to the demands placed on healthcare systems and the public’s ever increasing expectations with respect to healthcare services, the Czech government set development of new pharmaceutical treatments and diag-nostics and human resources development as one of its top priority areas in the long-term direction of research and innovation and used substantial public funding amounting to nearly EUR 2 billion during the last program-ming period (2007-2013) to strengthen the sector’s research infrastructure in this field. New, state-of-the-art research facilities have been completed around the major university centres in Prague, Brno and Olomouc to com-plement the existing institutes of the Academy of Sciences of the Czech Republic and universities.The country is home to a number of noteworthy research centres recognised for their high-quality research in molecular biology and genetics, immunolo-gy, analytical and pharmaceutical chemistry and biochemistry, oncology, im-munology, cardiology, neurology, metabolic diseases and, recently, medical applications of nanotechnologies. Thanks to the introduction of these policy and fiscal measures in combination with the country’s low corporate tax rate (19%) and R&D tax credits and investment incentives, the Czech Republic is an attractive location for both R&D collaboration and manufacturing of pharmaceuticals.
Hana Chlebná
Head of Sectors Management Section
CzechInvest
Nuclear engineering and researchThe year 2015 marked the sixtieth anniversary of the first steps toward the peaceful use of nuclear energy and the establishment of the Faculty of Technical and Nuclear Physics of the Czech Technical University in Prague and the Nuclear Research Institute, thanks to which the Czech Republic (and the former Czechoslovakia) reached the peak of the nuclear-power industry in all of its aspects – operation of nuclear power plants, research and development, and nuclear engineering and services – as both a supplier and service provider. Strong firms capable of delivering their products in practi-cally the whole supply chain of nuclear facilities have been established and the Czech nuclear-energy sector possesses extraordinarily strong human resources and knowledge potential in all areas, from development to imple-mentation of construction works.In connection with the necessity to continue in the nuclear programme within the National Action Plan for Nuclear Energy, this extraordinary potential is maintained not only through activities related to the operation of the nuclear power plants in Dukovany and Temelín, but also through very extensive works carried out by Czech firms in foreign projects (e.g. Škoda JS for the French firm AREVA in Finland, Nuclear Research Institute Řež for the Turkish nuclear regulator). A number of strong firms in this area have got new owners/investors (e.g. Škoda JS, OT Energy Services, Amec Foster Wheeler Nuclear Slovakia), mainly thanks to their knowledge potential and well established supplier relation-ships. There has recently been a significant increase in the activities of both mechanical-engineering firms and those that provide services to the nuclear industry, especially with respect to construction of new nuclear power plant units in the Czech Republic as well as in a number of other countries. Companies are aware that in order to obtain contracts, it is necessary to put forth comprehensive solutions and therefore the absolute majority of them are members of specialised associations such as the Czech Machinery Cluster in Ostrava, which is the most significant with 78 firms, of which more than half are active in the nuclear industry, and the Czech Energy Alliance founded at the initiative of Škoda Prague. The actual plan to construct new nuclear units in the Czech Republic is open to a number of solutions. Though the natural choice of builder is ČEZ, which is the biggest electricity supplier on the Czech market, the sources of financ-ing and the related impact on implementation are not currently clear; it is expected that a strong investor will be brought into Czech projects in line with examples of projects undertaken abroad, particularly in Finland and Great Britain. With respect to the indicated willingness to ensure the implementation of local projects with the greatest possible extent of domestic supplies, now is the best time to consider investment opportunities in both the areas of direct financing and improving the qualitative potential of companies operating in the nuclear industry.
Jiří Marek
Director and Partner
JMM CS, President of the Association of Nuclear Veterans
128 | INVESTORS‘ GUIDEBOOK
Defence industryThe roots of the Czech defence industry reach far into the past, to the period before the First World War. Most of the weapons used by the military of the Austro-Hungarian Empire originat-ed in the Czech lands. During the First World War, the industry developed to such a degree that in 1918 the newly established Czechoslovakia instantly became one of the world’s biggest arms exporters; by 1926 it was the third-biggest exporter with a 15% share of global production, which grew to 25% in 1935. Though the Czech defence industry does not play such a dominant role today as it did between the world wars, it still holds a significant position among global competitors in certain commodities. For example, passive surveillance systems from the company ERA are a Czech invention coveted by global producers. Handguns, ammunition, devices for pro-tection against weapons of mass destruction, information and communication technologies, military vehicles and aerospace technologies are among the Czech products that are suc-cessfully exported to countries around the world. Nearly 90% of the total output of the Czech defence industry is intended for export. In comparison with the foreign competition, the Czech defence industry excels primarily in the area of high-tech innovations. Military technologies originating here are very sophisticated, whereas it is always necessary to adapt them to the needs of the customer and its technical requirements, which often involves integration with existing systems. In this case, creativity is highly important and Czechs are masters of applying it. Thanks to thorough care for delivered products throughout their lifecycle, continual modernisation and a willingness to cooperate with local companies in export des-tinations, Czech defence firms have a strong possibility to beat out their foreign competitors in tenders around the world. Two-thirds of Czech defence companies are small and medi-um-sized enterprises that, with a few exceptions, are privately owned. This constitutes an ideal environment for foreign investors to find success in the further development of this very interesting industrial sector. Unfortunately, a number of frivolous foreign partners have appeared in the Czech Republic over the past twenty years, which has naturally led Czech owners to occasionally be somewhat suspicious of for-eign capital. However, they are receptive to serious investors that can contribute to the development of their companies. And investment in the Czech defence industry is certainly very beneficial for foreign investors in the long term.
Jiří Hynek
President
Defence and Security Industry Association
Transport and infrastructure In economic terms, one of the main features of the Czech Republic is that it is a highly industrialised country with advanced manufacturing and engineering capabilities. In terms of the transportation industry and infrastructure, Czechs have the ability, skills and capacity to produce most types of vehicles for road, rail and air transportation. This is valued by a number of international investors that have established operations here, such as Siemens, Bombardier, GE Aviation, Kapsch and Honeywell. However, a lesser known fact about the Czech Republic is that the country has a significant number of manufacturers and research and development facilities focusing on transportation equipment including communication and navigation devices.There are several producers of air navigation radars and other radar equipment for airports and aircraft, as well as for communication in the railway industry. T-CZ, ELCOM and AŽD Praha are only a few of the local companies that compete world-wide in the areas of air navigation systems, radar and railway equipment. Examples of leading domestic producers in the railway industry include Škoda Transporta-tion and Bonatrans, a globally successful producer of rail stock components.Moreover, Prague is the home of the European headquarters of the Galileo Navi-gation System, which is an independent alternative to the American Navstar GPS and Russian GLONASS systems. The popularity of Czech researchers in this field is evidenced by the recent opening of the R&D center of the major Chinese train manufacturer CRRC in Prague.Both the transport and infrastructure sectors still offer vast opportunities for for-eign investors. This is especially true for acquisitions of existing manufacturing and research enterprises in the transportation industry. Many of the players in the sec-tor are still medium-sized, family-owned companies with a long history and established position on markets especially in Eastern Europe and the CIS countries. At the same time, Czech manufacturers have started to supply trains and trams to developed economies such as Germany and the United Kingdom as well as major emerging economies such as China. Another area for investment opportunities is transport infrastructure, particularly construction and development. Despite having a reliable and very dense trans-port infrastructure serving industrial manufacturers, the Czech Republic needs advanced rail and road infrastructure such as high speed rail connections to major cities in neighbouring countries. The Czech government intends to implement projects that will connect Prague with Berlin, Vienna or Budapest. However, given the high capital requirements, it is expected that such projects would be imple-mented with the help of foreign partners. In the area of road construction, plans call for roads to be built with the help of public-private partnerships and the in-volvement of international equity investors. Finally, water transportation infrastructure is an area that requires further investment. A very large project that is currently under expert discussion involves the construction and development of a new waterway connecting the Danube and Odra rivers via Moravia at an estimated cost of more than EUR 3 billion.
Kamil Blažek
Partner, Kinstellar
Chairman, Association for Foreign Investment
Telecommunications
The Czech Republic has a strong and internally stratified tele-communications sector that contains small, medium-sized and large enterprises comprising both local affiliates of multination-al corporations and purely Czech firms. There are three mobile operators in the Czech Republic, specifi-cally O2, T-Mobile and Vodafone. The entry of a fourth operator to the domestic market has long been a topic of discussion, but it has yet to happen. However, a number of virtual operators have sprung up in recent years, thanks to which the offer of services for consumers has been expanded and calling prices have dropped. Interesting recent events in the telecommunications sector in-clude, for example, the acquisition of GTS Central Europe, which operates a fibre-optic network and data centres in the Czech Republic and Poland, by T-Mobile Czech Republic (part of the Deutsche Telekom Group). T-Mobile also took over a 100% stake in its sister company, T-Systems, which provides telecom-munications and ICT services to corporate customers. In spring 2015, O2 Czech Republic, whose majority owner is Petr Kellner’s PPF group, was divided into two entities: an operator providing services to end-customers (and continuing to use the name O2 Czech Republic) and the company CETIN, which owns and operates infrastructure, i.e. fixed-line networks, mobile-network transmitters and data centres. One of the key current trends in the market is convergence of telecommunications services with other information technol-ogies. A number of companies are thus becoming increasingly oriented toward provision of comprehensive ICT services. A fundamental theme of the present period is the issue of expanding high-speed internet access in order to fulfil the objectives of the EU’s Digital Agenda for Europe strategy, to which the Czech Republic is committed. According to this strategy, the internet access speed should be at least 30 Mb/s for all of the country’s residents, with at least half of all domestic households having access speeds of up to 100 Mb/s. Within the Operational Programme Enterprise and Innovation for Competitiveness, a total of CZK 14 billion (approx. EUR 0.5 billion) from European funds will be allocated in the coming years to projects involving construction of high-speed networks in the Czech Republic. Among other things, the intention of this is to bring high-speed internet access to so-called white places, mainly rural areas, where there is a lack of the necessary technological infrastructure. This should contribute to business development in such areas and bring forth a range of other positive multiplier effects for the country’s society as a whole.
David Čapek
PR Specialist
Information Technology and Telecommunication Association
Business support servicesEurope, especially the CEE region, still by far the world’s most popular destination for business services operations. The Czech Republic is one of the leaders in this sector; it is ranked as a top location for specialised business support services according to Dun & Bradstreet Global Reference Solution. The business support services sector includes captive shared services as well as business process outsourcing centres and is one of the youngest sectors in the Czech Republic. The first delivery centres were established in the 1990s followed by sig-nificant growth since 2000. In the past decade and a half, Czech BSS centres have developed their capabilities and, in terms of the proportion of processes, reflect the structure observed in other CEE countries. Established centres have successfully expanded in terms of headcounts as well as new activities. The most frequently shared services are finance and accounting, IT services and customer support. Rapidly growing shared servic-es include human resources, logistics and legal services. The industry’s growth has accelerated during the past three years and a recent survey indicates that growth will continue at the rate of 16% in the coming year. The PwC SSC survey shows that the Czech Republic has the highest cost savings achieved globally with an average of 32% reported savings on operating costs delivered by Czech BSS centres. According to the Association of Business Service Leaders there are at least 200 SSC/BPO centres employing approximately 65,000 people in the Czech Republic. The list of existing captive and outsourced shared-services centres in the country includes those of companies such as Accenture, ExxonMobil, DHL, IBM, Microsoft, Skype, Monster Technologies, SAP, Tieto, Hewlett-Pack-ard, Computer Associates, Infosys, Red Hat and Honeywell.The Czech Republic’s stable financial and political environment and its close relations with certain Western European countries encourage many western companies to choose it as the location of their CEE operations. The industry is concentrated mainly in the country three biggest cities: Prague, Brno and Ostrava. However some companies chosen smaller cities such as Plzeň, Pardubice, Olomouc and Ústí and Labem.The main reasons for placing SSCs in the Czech Republic are the strong potential of graduates and professionals, espe-cially with regards to IT skills and languages, well-developed infrastructure and available high-quality office space, as well as the country’s cosmopolitan society, which makes it the country an attractive place to live.
Eva Jungmannová
Head of the Strategic Projects and New Technologies Section
CzechInvest
20080%
shar
e in
%
2%4%6%8%
10%
Equity/total bank assets
7.2
4.0
7.8
5.0
8.2
5.2
8.1
5.0
9.2
5.3
9.0
5.8
9.6
6.0
2009 2010 2011 2012 2013 2014
Source: EIOPA, Czech National Bank
130 | INVESTORS‘ GUIDEBOOK
BankingStability of the Czech banking sector The Czech banking sector exhibits a high degree of stability and capital security, as evidenced by, for example, the ratio of equity to total assets of the banking sector. A comparison of banks in the Czech Republic using (data and statistics from the Czech National Bank) and in the whole European Union (data and statistics from the European Central Bank) shows that banks in the Czech Republic have a signifi-cantly higher equity-to-assets ratio (with gradual growth from 7.2% as at 31 December 2008 to 9.6% as at 31 December 2014), which indicates an 8% or 9% ratio of capital adequacy only from the high-quality capital component, whereas in the EU as a whole the ratio of equity to total assets also rose in the ob-served period (from 4% to 6%), but this involved a significantly lower ratio of the high-quality component of capital than in the Czech Republic.
High profitability in comparison with the EUIn the case of both the ROE (return on equity) and ROA (return on assets) indicators, a comparison of the overall profitability of the Czech banking sector and the situation in the EU as a whole shows that the profitability of the Czech banking sector is significantly higher (even multiple times) than in the EU generally, especially with respect to the ROA indicator, which in the period from 2008 to 2014 (including the financial crisis and subsequent economic recession) ranged from 1.1% to 1.5%, while for the EU this figure did not exceed 0.2% and in some years (2008, 2011 and 2012) the Europe-wide market was even in loss: If we compare the cumulative profits and losses of banks in the EU as a whole for the period 2008-2012, for example, the cumulative profit of the European banking sector reached only EUR 3 billion, whereas the Czech banking sector generated profit in the amount of EUR 10 billion in the same period. The EU banking sector’s cumulative profit rose to EUR 105 billion in 2013-2014, while in the same period the Czech market reported a total profit of EUR 15 billion, i.e. 14% of the EU total, despite having only 0.6% of the total assets of European banks.
Development of deposits and loans in the Czech Republic and the EUIn the case of Czech banks, the volume of deposits and loans is constantly rising, and this growth was not disrupted even by the financial crisis of 2008-2009 and the subsequent economic recession in the Czech Republic. Over the past six years, the volume of provided loans has grown by 41% while the volume to total deposits of clients in Czech banks has risen by 34%. This favourable development differs from the situation in the EU as a whole, where in the period following 2008 the volume of deposits and loans has fallen, with the total six-year decline reaching 40% in the case of deposits and 13% in the case of loans. Another favourable aspect of the Czech banking sector is that the ratio of provided loans to received deposits is stable at roughly 80% in the Czech Republic, unlike the situation in the EU generally, where in recent years this ratio has been in excess of 100% and banks have been forced to seek additional sourc-es of financing beyond the traditional business model, which can expose them to greater risk.
Marcela Kotyrová
Head of the Department Communications and Training
Czech Insurance Association
Petr Jedlička
Team Leader of Actuarial and Analytical Services
Czech Insurance Association 20080 0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,000,000
3,500,0004,000,0004,500,000
500,000
2,500,000
1,000,000
2,000,0001,500,000
depo
sits a
nd lo
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illio
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EU (E
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Development of deposits and loans in the Czech Republic and the EU
2009 2010 2011 2012 2013 2014
loans CRloans Europe
deposits CR deposits Europe
2008-60,000
60,000 2,000
80,000 3,000
-40,000-3,000
40,000 1,000
-20,000-2,000
20,0000
0-1,000
profi
t (lo
ss) o
f ban
ks in
the
EU
(EUR
mill
ion)
profi
t of b
anks
in th
e Cz
ech
Repu
blic
(EUR
mill
ion)
Absolute amount of profit – banking market
2009 2010 2011 2012 2013 2014
CR EU
2008-0.2%0.0%0.2%0.4%0.6%0.8%1.0%1.2%1.4%1.6%
ROA
in %
ROA comparison
1.1
-0.1 0.10.2
0.0 -0.1 0.1 0.2
1.51.3
1.21.4
1.2 1.2
2009 2010 2011 2012 2013 2014
CR EU
CR EU Neutral economic result
Solvency ratio (available capital / minimal capital requirement)
20050%
300%
350%400%
50%
250%
100%
200%
150%
2006 2007 2008 2009 2010 2011 2012 2013
CR EU Minimum regulatory requirement
Source: EIOPA
InsuranceBoth the banking and the insurance sectors in the Czech Republic are characterised by a strong competitive environment that favours and protects consumers. Competition puts pressure on prices and fosters a larger scope of provided services and innovation. Both sectors have remained profitable and stable even during periods of crisis. Whereas the domestic banking sector has a unique, dominant position in terms of its share in financing the economy in comparison with the sit-uation abroad, the insurance market has significant room for further growth. In the Czech Republic, the combined share of premium billing in GDP is 3.7% for life and non-life insurance. This figure is approximately double in Western European countries. Consolidation of ownership is ongoing in both markets, which could be seen as presenting an interesting investment opportunity.
Stability of the Czech insurance market The Czech insurance market exhibits a high degree of stability and capital resilience. In comparison with the values for the EU as a whole, the Czech market consistently maintains a substantially higher solvency ratio with comparison to a minimal capital requirement defined by the regulator (solvency ratio for Czech market results approximately 350% of minimal capital requirement). During the transition to the new Solvency II regime, no instability of the insurance market is expected. Czech insurance market prepares for new solvency regime very seriously and carefully. Moreover, market focused great attention on risk management in general and specifically on adequate and prudent setting of technical reserves.
High profitability in comparison with the EU averageIn comparison with the EU average, the Czech insurance market’s profitability is significantly higher, exceeding the European average multiple times over in both the ROA (return on asset) and ROE (return on equity) indicators. The Czech insurance market did not suffer a substantial decrease in profits during the financial crisis and recession of 2008-2009, when profits in the European market as a whole were minimised.
Claims performance of non-life insuranceThe claims ratio in non-life insurance in 2012 and 2013 reached approximately 51% and 58%, respectively. Despite the existence and gradual increase of the risk of its further growth in this area, these are still significantly lower claims ratio fig-ures than that reached in the Europe-wide market, where this indicator for non-life insurance was approximately 70%-71% in the same period.Even though there is potential for further growth in non-life insurance, the main imbalance in in insurance penetration within population between the Czech Republic and the EU as a whole is seen in the area of life insurance.
Potential for further development of the life-insurance market The average annual life-insurance premium in the EU results in approximately EUR 1,100/person. By comparison, this figure for the Czech Republic in 2013 reached EUR 250, as growth of the average life-insurance premium in the country stalled in 2010. The relative importance of life insurance for investment and pension benefits is currently significantly higher in the EU as a whole than in the Czech Republic. There is potential for its further development if there is improvement in the regulatory and self-regulatory sales culture and transparency of life insurance together with an increase in clients’ awareness of the im-portance of this product both as adequate protection against risks and pension benefits, as well as in terms of investment.
Marcela Kotyrová
Head of the Department Communications and Training
Czech Insurance Association
Petr Jedlička
Team Leader of Actuarial and Analytical Services
Czech Insurance Association
Comparison of ROE in the insurance market – Czech Republic and EU
20082007200620050%5%
10%15%20%25%30%
14.9
20.9
14.6
21.4
29.1
19.9 16
.1
14.1
25.5
6.4 7.5
0.1 7.2
5.6 1.
9
5.5 8.
4
7.1
2009 2010 2011 2012 2013
CR
EU
Source: EIOPA
Comparison of ROA in the insurance market – Czech Republic and EU
20082007200620050%1%2%3%4%5%6%
2.58
3.59
2.57
3.91
5.00
2.10 2.
59
2.24
4.40
0.66
0.72
0.00 0.
60
0.44
0.16 0.
54 0.77
0.70
2009 2010 2011 2012 2013
CR
EU
Source: EIOPA
2008200720062005
Comparison of average insurance premiums in the Czech Republic and EU
2009 2010 2011 2012 2013Source: EIOPA
0200400
600
8001,0001,200 CR EU
Insu
ranc
e pr
emiu
m in
EUR
/per
son
132 | INVESTORS‘ GUIDEBOOK
Food industryFood production and agriculture comprise one of the most promising sectors in the Czech Republic and thus represent a favourable investment opportunity here. Food and beverage production is an important part of the manufacturing industry in the Czech Republic, as it accounts for nearly 4% of GDP on its own and up to 15% in combination with related sectors. Small and medium-sized enterprises comprise the largest group of producers. The alliance of food producers and manufac-tures of food-production technology dates back more than a century and is the key factor in the Czech food sector’s good reputation abroad. The broad structure of the Czech food industry is based primarily on processing of domestic raw materials comprising agricultural primary production of plant and animal origin complemented with other, foreign raw materials. The strongest segments have long been dairy products, meat processing and preservation, other food products and beverages. The Czech Republic has long strived to further improve the food-supply chain and to optimise it for consumers. The Czech Republic is characterised by stable consumption of food products with a high level of qualitative standards. The price level of basic foodstuffs corresponds to the devel-opment of neighbouring markets and the availability of food products is high. Food safety remains the government’s priority in this area. The Czech government supports modernisation of production capacities in the food industry and innovative production processes, for which financial resources are drawn from EU structural funds and the national budget. One of the ways to achieve significant improvement in the sector is through foreign direct investments that bring forth not only technical solutions, but also new production- and marketing-manage-ment methods. The innovation process is a subject of intense interest in the research sphere and the government is striving to ensure the improvement of the process of putting the results into practice. What does the Czech food industry offer? Besides traditional segments such as brewing and sugar, the industry also features modern food-production technologies, biotechnology and extrusion technology. Furthermore, the local industry boasts a large number of registered trademarks and a generally high level of protection of intellectual property rights. Consumer protection is also at a high level in line with modern trends, and the issue of wastage is newly being addressed in all links of the food-supply chain.
Marian Jurečka
Minister of Agriculture of the Czech Republic
Chemical industry
The chemical sector is one of the most important branches of industry in Europe. Eleven of the world’s thirty countries with the largest share of chemical production in GDP are in Europe. The chemical industry in the Czech Republic has more than a 12% share of the country’s manufacturing industry. In terms of rev-enues, it is the third biggest sector in the Czech Republic. Sales in chemical industry reached 22 billion EUR in 2014. The prod-ucts of Czech chemical industry include inorganic and organic chemicals, fertilisers, basic petrochemicals, primary-form plastics, synthetic resins, synthetic rubber, paints, dyestuffs and pigments, agrochemicals, pharmaceuticals and cosmetics, soaps and detergents, chemical fibres and explosives. Rubber and plastics represent the biggest share of sales (about 41.5% of 2014 figures), followed by chemicals (31.4%), refined oil products (22%) and pharmaceuticals (5%).The chemical sector’s share in employment is not negligible, as it employs more than 100,000 people, account-ing for approximately 2% to 4% of the country’s total workforce. Several Czech chemical plants (Deza, Lovochemie, Precheza, Synthesia) are owned by Agrofert, a domestic holding company focused mainly on fertiliser production, though foreign investors also play a significant role in the local chemical industry. Česká rafinérská is engaged in oil refining owned by Unipet-rol (Orlen Group of Poland). The Orlen Group has its own two filling-station chains in the Czech market and is the majority owner of two other production complexes, Unipetrol in Litvínov (petrochemicals and refinery products) and Spolana in Neratovice (polymers and fertilisers). The Polish firm also owns another major plant near Prague, Synthos in Kralupy nad Vltavou (synthetic rubber).The Hungarian firm Borsodchem manufacturers base chemicals at its plant in Ostrava in the northeast of the Czech Republic, while Momentive Speciality Chemicals engages in similar produc-tion in the west of the country. There are numerous examples of successful foreign investments in the Czech chemical industrial parks, such as those of Cayman Pharma (API production) in the Spolana complex, Eurosup-port Manufacturing (catalyser production) and Air Products in the Unipetrol Litvínov complex and Dukol (adhesives produc-tion) at the Borsodchem facility. The Czech Republic has tremendous potential as a destination for investments in the chemical industry thanks to its infrastructure and workforce, as well as the space that it has available for such investments.The industry is a crucial supplier of raw materials for a number of downstream domestic industries. It also ranks among the industrial sectors with the highest innovation potential.
Jan Bobek
Business Development Director, Tebodin Czech Republic
Former Chairman, Association for Foreign Investment
Energy efficiency servicesProgress in energy management systems is opening up new opportunities for further growth of energy efficiency solutions. Energy efficiency services – either in the form of energy management or in the form of monitoring and targeting (M&T) – lead to the situation in which the costs of implement-ing an energy management system are soon covered by non-investment measures. Moreover, M&T makes objective and accurate proof of savings possible, which applies to quite complex production processes as well. Use of energy efficiency services can thus be considered a cornerstone of man-aging of every industrial site. Providers of EE services in the Czech Republic are include companies such as ENVIROS and SEVEn, among others. The development of these systems has led to the creation of the ESCO scheme, which allows enterprises to finance the implementation of energy management systems via a third party, i.e. an energy service company (ESCO). The fact remains that the initial costs are often an obstacle prevent-ing the implementation of modern processes in the field of energy man-agement, even though these costs are low in comparison with the potential savings, which cover the addition of secondary measurement systems, information system software and employee training. Companies focused on ESCO and related services are united in the Association of Energy Service Providers (APES). In addition to ENVIROS and SEVEn, the founders of APES include ESCO companies like ENESA, AB Facility, Siemens and others. APES currently has 24 members.The formulation of the ESCO scheme was enabled by the development of standardised energy management systems. Czech companies that have implemented or are implementing an energy management system via the M&T approach include, for example, Plzeňský Prazdroj, Škoda Auto, Unilever Česká republika, Kovohutě Příbram, Danone Benešov, Koramo Kolín, Mondi Štětí, Vishay Electronic and Eutit Stará Voda. M&T can be implemented in a small enterprise with simple technology or in a building, but its commercial use is best proven in medium-sized and large enterprises with high energy costs (at least CZK 10 million, i.e. approx. EUR 27 million) The system’s good return on investment (usually within a year) is due to the fact that implementation costs are relatively low com-pared to the achieved savings, which can reach 15% of annual energy costs. Inclusion of energy management principles in the ISO 50001 standard has provided significant support for implementation of energy efficiency ser-vices. Besides economic benefits, the relevant legislation allows enterprises to supersede the mandatory energy audit by implementing the standard, and enterprises that have ISO 50001 certification receive bonus points when their applications for aid from EU structural funds in the Operational Programme Enterprise and Innovation for Competitiveness are assessed. ISO 50001 certification is provided by all authorised companies operating on the European market, such TUV, DNV and Bureau Veritas.
Jan Pavlík
Head of the Environmental Division
ENVIROS
Renewable energy generationWhy are renewable source of energy (RSE) so important? The simple answer is that the use of alternative energy is inevitable because reserves of fossil fuels are finite. In addition, the ongoing political instability in many oil-producing regions, rising tension between the haves and have-nots, and growing demand for oil and gas, particularly in China and India, put pressure on the ability to supply fossil fuels. This poses several major problems such as global warming and strategic concerns regarding energy security.In order to live sustainably, the Earth’s natural resources must be used at a rate at which they can be replenished. However, our consumer-driven society is putting pressure on our planet. The only logical response is to adapt to the situation. The Czech Republic did a great deal in abiding by the EU’s strategy for sustainable development that calls for a “Smarter and Cleaner Europe”. The policies that have been and are being adopted are funded both from the EU and national budgets and supporting schemes which create a broad range of opportunities for foreign investors. The Czech Republic provides investors with technical competences and cost effectiveness, which together create favourable conditions for new investments. Besides that, investors are keen to invest in the Czech Republic thanks to the country’s long history of manufacturing in the RSE sector dating back to the invention of the Kaplan turbine and TESLA’s production of so-lar cells. Other important factors include close ties between universities, industry and research centres (e.g. the Energy Research Centre in Prague and the Alternative Drive Units and Fuels Laboratory in Ostrava), modern technology centres for R&D (e.g. Nupharo Park in Prague, and the Centre of Intelligent Power Engineering in Trinec), numerous clusters and associations and more than ten thousand students enrolled in energy and environment programmes every year.
Jan Zapletal
Sector Manager for Energy & Environment
CzechInvest
Czech renewable energy sector case study – Vyncke
Vyncke, a renowned family-owned Belgian firm, has been involved with technologies for generating energy from biomass and waste for the past century. In 2012 the company built a modern generating facility in the Czech Republic, where it expanded its operations with the development of new technologies. One of the main motivat-ing factors for expanding the firm in the Czech Republic was the availability of highly qualified specialists, technicians and engi-neers, thanks to which the company has advanced rapidly in recent years and reached the peak of technological development in its field.
134 | INVESTORS‘ GUIDEBOOK
Cleantech Support for clean technologies is a way to maintain the vol-ume of energy needed in modern society while reducing harm to the environment caused by the burning of fossil fuels. Although there is no single definition of “cleantech” we could state that the term represents new technologies and related new business models which provide competitive benefits to both investors and customers while offering solutions to global environmental challenges.Thanks to its integrated vision, the Czech Republic has become the leading country in Central and Eastern Europe with comprehensive and prospective investment conditions targeted specifically at clean technologies. In compliance with the EU policy to cut CO2 emissions by 40% in compari-son with the level of 1990 by 2030, new technological meas-ures are being developed. Therefore, new installations of heat pumps combined with roof-mounted solar collectors and replacement of obsolete heat source with biomass-fuelled boilers are becoming increasingly common. Increasing energy efficiency in the economy constitutes an important current trend. For example, the Czech Republic ranks among the global leaders in construction of smart buildings, which are designed, built and operat-ed with the objective of being ecologically and socially responsible. An example of smart building is CTP Invest’s Spielberk Tower, which was awarded BREEAM certification at the “excellent” level in 2012. Another example is the AIR House Energy Self-Sufficient Solar Building project carried out by Czech Technical University in Prague in cooperation with major Czech companies. The project won a bronze medal in the Solar Decathlon, an international competition organised by the US Department of Energy. Many foreign direct investments involving clean technolo-gies have been undertaken in the Czech Republic. The Czech Republic has been chosen for example by ABB, one of the world’s leading companies in the area of automation and energy, providing services to industrial companies as well as energy producers and distributors, and AU optronics, which reinforcing its vision and its position as a manufacturer of green products and services.
Jan Zapletal
Sector Manager for Energy & Environment
CzechInvest
Water management
As Czech climatologist Václav Cílek, once said, “The greatest mineral wealth of any country is not its oil or gold, but its soil and water”. Water is a necessary for the existence of living organisms and the basic raw material for the functioning of the human society. The relative abundance of water in our environment compels us to think a shortage is only a distant possibility. However, in many countries clean water is a great luxury that not everyone can afford. According to current UN statistics, more than a billion people lack access to clean drinking water.The general objective of the Czech Republic in the area of water is to create conditions for sustainable management of the Czech Republic’s water wealth. The main principles of the government’s policy are derived from EU Framework Directive 2000/60/EC on water policy and other directives in the area of water and the renewed EU strategy for sustain-able development. The main objective is to apply technolo-gies for reducing the pollution of surface and ground water, improving the quality and supply of drinking water, and technology models for reducing flood risks.The Czech Republic’s policies are focused mainly on renew-ing and expanding existing capacities, primarily in the area of water treatment and conservation. This includes applica-tion of smart water technologies. These efforts are supported by the CREA Hydro & Energy cluster of companies, research institutes and universities which foster the innovation of such products and the whole water-management sector in the Czech Republic. There are several interesting projects focused on water man-agement. For example, the Nupharo campus is designed as a maximally self-sufficient and sustainable complex with its own island water-treatment system which, thanks to its own purifier, is divided into three water circuits: potable water, waste water and rainwater. Funding totalling nearly EUR 0.7 billion is available within the EU operational programmes for environmental policies in which water treatment has been included. One of the main investors in water management in the Czech Republic is SUEZ Environment Group/ONDEO, which has managed, during its 20-year presence in the Czech water market, the entry of ten water companies. After several merg-ers, the group currently comprises five companies.
Jan Zapletal
Sector Manager for Energy & Environment
CzechInvest
Spa services
The Czech Republic has always ranked among the world’s spa superpowers. Thanks to its abundance of natural resources in the form of hundreds of curative springs and bogs discov-ered in the 18th century, the country developed a spa culture that endures to this day. Dur-ing the elegant golden age at the turn of the 20th century, the start of the spa season was a popular attraction for the Czech and European socialites, whose prestige was enhanced by the presence of important figures from the period’s cultural, social, scientific and political life. A new phase of the Czech spa industry commenced with the post-revolution transition con-nected with privatisation, in which the spa industry was one of the most rapidly restructured sectors and thanks to which expansive refurbishment and modernisation of spa facilities, including local infrastructure, were implemented. These days the spa industry is undergoing a rapid transformation connected primarily with legislative changes. Even though the spa market was affected by the economic crisis and a slowdown spurred by a decree of the Ministry of Health of the Czech Republic in 2012, which reduced the length of stays of medical patients paid for by public insurance from one month to three weeks, these changes have also had a positive secondary effect. In connec-tion with the strengthening of commercial activities, spas have begun to actively target both domestic and foreign clients who pay for their stays themselves. Though the new focus on wellness instead of medical treatment represents a certain diversion from the tra-ditional concept of the spa industry, the end result is enhancing the Czech Republic’s image as a centre of spa tourism while bolstering the travel industry in the regions. Though there are more than thirty spa centres throughout the Czech Republic, the main activities are concentrated in the so-called West Bohemian Spa Triangle, a location in the Karlovy Vary region defined by three spa towns, namely Karlovy Vary, Mariánské Lázně and Františkové Lázně. An initiative aimed at getting the Spa Triangle included in the list of UNESCO World Heritage Sites is currently under discussion. This measure would increase the attractiveness and competitiveness of the Czech spa industry and help to increase inbound tourism. Czech spas are renowned for their high-quality care and progressive rehabilitation and treatment methods. The quality of offered services and qualifications of spa personnel are evidenced by the fact that in 2006 the Czech Republic was the first country in Europe to receive the prestigious EUROPESPA med© certificate of quality from the European Spas Association, which is awarded to selected European spas following thorough inspections and operational audits.According to data from the Czech Statistical Office, inbound spa tourism shows moderate growth, rising by roughly 0.6% in the third quarter of 2015 in comparison with the same period of the previous year. However, a significant trend consists in the return of domestic spa guests, whose number increased by 7.1% year on year, with overnight stays increasing by roughly 16%. An amendment to the Decree on Public Health Insurance pertaining to re-habilitative care, which among other things restored the period of paid medical-related stays to four weeks beginning in January 2015, has undoubtedly had a positive impact on the spa market.Rising interest in balneotherapy and spa procedures is spurring investments by market leaders such as the Spa & Kur Hotels chain of spa facilities operated by CPI Hotels, the hotel group Imperial Karlovy Vary and Léčebné lázně Mariánské Lázně, which operates hotels in Mariánské Lázně as part of the Danubius Hotels Group.
Dana Belušová
Public Relations Manager
CPI Hotels
Hotel and leisure industry
Since the start of the 21st century, the Czech and hotel industry has had its ups and downs. The average daily rate for a Prague hotel room fell from the sky-high CZK 3,700 (approx. EUR 140) in 2001 to CZK 1,700 (approx. EUR 63) during the global economic crisis ten years later. We have been seeing steady recovery of both prices and occupancy since then, with very strong performance in 2015 with year-on-year growth of around 10%. There is still more room for a modest price increase depend-ing on the development of exchange rates as well as the key global macroeconomic performance indicators.Prague is the focal point of the hospitality industry in the Czech Republic because it is not only the Czech capital and the country’s economic and political centre with more than 1.3 million of inhabitants, but it is also the country’s main destination for both tourists and business travellers. The historical centre of Prague has been listed as a UNESCO World Cultural and Natural Heritage site since 1992. TripAdvisor ranked Prague fifth in the world in the 2015 Travellers’ Choice Destination Awards.Prague is also one of the major destinations for business travel and events in Central and Eastern Europe. According to ICCA, Prague was among the ten cities with the largest number of congresses in the world in the first half of 2015.In 2014 the occupancy rate in Prague reached 70.5%, the highest level since 2007 and an increase of 1.5% compared to 2013. While there were several new additions to Prague’s accommodation supply in 2014, the supply pipeline for the next two years is rather weak, with only 141 new rooms currently under construction and 120 rooms in the final planning stage. This situation should help Prague hoteliers’ business performance.Prague hosted several major sporting events in 2015, such as the European Athletics Indoor Championships and the Ice Hockey World Championship. Hotels also contin-ue to benefit from the weak Czech koruna, which lost value against both the Euro and the US dollar. No significant strengthening of the currency is expected until 2017.Generally, the number of guests in Czech collective accommodation establishments increased by almost 10% in Q2 2015 and occupancy has grown for five consecutive quarters according to the Czech Statistical Office. The number of overnight stays was up by almost 8% in the same period of the previous year. The number of overnights stays of local residents grew faster than that of foreign guests. A year-on-year increase was recorded in all categories of the hotel industry. From the regional point of view, progress was reported especially in the Moravia-Silesia, Pardubice and Plzeň regions. Russian demand has declined as the war in Ukraine continues but this headwind has been offset by an increased number of incoming travellers from other European countries, Asia and America. The structure of the hotel business in the Czech Republic is rather fragmented. There are a few local midsize players (e.g. CPI Hotels and Orea Hotels), large internation-al groups (Marriott, IHG, Hilton, Accor and Starwood) and, of course, numerous independent businesses. The picture gets even fuzzier when taking into account combinations of various operating models, such as owned and leased, managed and franchised with key stakeholders – property owners, hotel brands and manage-ment companies.
Jan Musil
Director
PwC Audit
Contact:
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+420 224 911 750
www.afi.cz
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