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«Austria, Finland and Sweden withdrew from the Convention establishing the Note: European Free Trade Association (the Stockholm Convention) on 31 ...»

-- [ Page 1 ] --

AGREEMENT

BETWEEN

THE EFTA STATES

AND

THE REPUBLIC OF POLAND

Austria, Finland and Sweden withdrew from the Convention establishing the

Note:

European Free Trade Association (the Stockholm Convention) on 31 December

1994. In accordance with paragraph 3 of Article 38 of the Free Trade Agreement between the EFTA States and Poland these three countries ceased to be Parties to the Agreement on the same day. Consequently, in the present text, the provisions referring to Austria, Finland and Sweden have been deleted.

PREAMBLE

The Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Swiss Confederation (hereinafter called the EFTA States) and the Republic of Poland (hereinafter called Poland), Recalling their intention to participate actively in the process of economic integration in Europe and expressing their readiness to co-operate in seeking ways and means to strengthen this multilateral process, Having regard to the Declaration signed by the EFTA States and Poland in Gothenburg in June 1990, Recalling their firm commitment to the Final Act of the Conference on Security and Cooperation in Europe, the Charter of Paris for a new Europe, and in particular the principles contained in the final document of the CSCE Bonn Conference on Economic Co-operation in Europe, Firmly convinced that this Free Trade Agreement, together with agreements of the States Parties to this Agreement with the European Communities, will foster the creation of an enlarged and harmonious free trade area within Europe, thus constituting an important contribution to European integration, Bearing in mind the economic and social disparities between the EFTA States and Poland and thus recognizing that the objectives of this Agreement should be reached through its appropriate provisions, Resolved to this end to eliminate progressively the obstacles to substantially all their trade, in accordance with the General Agreement on Tariffs and Trade, Declaring their readiness to examine the possibility of developing and deepening their relations in order to extend them to fields not covered by this Agreement, Considering that no provision of this Agreement may be interpreted as exempting the States Parties to this Agreement from their obligations under other international agreements, especially the General Agreement on Tariffs and Trade,

HAVE DECIDED, in pursuit of the above, to conclude this Agreement:

ARTICLE 1 Objectives

1. The EFTA States and Poland, taking into account the need of Poland to ensure the accelerated development of its economy, shall gradually establish, during a transitional period ending on 31 December 2001, a free trade area in accordance with the provisions of this Agreement.

III

2. The objectives of this Agreement, which is based on trade relations between market

economies, are:

(a) to promote, through the expansion of reciprocal trade, the harmonious development of the economic relations between the EFTA States and Poland and thus to foster in the EFTA States and in Poland the advance of economic activity, the improvement of living and employment conditions, and increased productivity and financial stability;

(b) to provide fair conditions of competition for trade between the States Parties to this Agreement;

(c) to contribute in this way, by the removal of barriers to trade, to European economic integration and the harmonious development and expansion of world trade.

–  –  –

The Agreement shall apply:

(a) to products falling within Chapters 25 to 97 of the Harmonized Commodity Description and Coding System, excluding the products listed in Annex I;

(b) to products specified in Protocol A, with due regard to the arrangements provided for in that Protocol;

(c) to fish and other marine products as provided for in Annex II;

originating in an EFTA State or Poland.

–  –  –

Rules of origin and co-operation in customs administration

1. Protocol B lays down the rules of origin and methods of administrative co-operation.

2. The States Parties to this Agreement shall take appropriate measures, including regular reviews by the Joint Committee and arrangements for administrative co-operation, to ensure that the provisions of Articles 4 to 9, 14 and 23 of the Agreement and Protocol B are effectively and harmoniously applied, and to reduce, as far as possible, the formalities imposed on trade, and to achieve mutually satisfactory solutions to any difficulties arising out of the operation of those provisions.

–  –  –

1. No new customs duty on imports or charge having equivalent effect shall be introduced in trade between the EFTA States and Poland.

2. Upon the date of entry into force of this Agreement, the EFTA States shall abolish all customs duties on imports and any charges having equivalent effect for products originating in Poland, except for products specified in Annex III 1 for which customs duties on imports and charges having equivalent effect shall be progressively abolished in accordance with the provisions laid down in that Annex.





3. For products originating in an EFTA State, Poland shall progressively abolish in five equal annual steps starting on 1 January 1995 all customs duties on imports and any charges having equivalent effect, except for products specified in Annex IV 2 for which customs duties and charges having equivalent effect shall be abolished on the date of entry into force of this Agreement and for products specified in Annex V for which customs duties and charges having equivalent effect shall be progressively abolished in accordance with the timetable laid down in that Annex.

–  –  –

1. For each product the basic duty to which the successive reductions set out in this Agreement are to be applied shall be the Most Favoured Nation rate of duty applicable on 29 February 1992.

2. If, after the entry into force of this Agreement, any tariff reduction is applied on an erga omnes basis, in particular reductions resulting from the tariff agreement concluded as a result of the Uruguay Round of Multilateral Trade Negotiations, such reduced duties shall replace the basic duties referred to in paragraph 1 as from the date when such reductions are applied.

3. The reduced duties calculated in accordance with Article 4 shall be applied rounded to the first decimal place or, in case of specific duties, to the second decimal place.

1 Annex III was deleted by Joint Committee Decision No. 2 of 1999 (23 November 1999).

2 Annex IV was deleted by Joint Committee Decision No. 3 of 1999 (23 November 1999).

–  –  –

1. The provisions of paragraphs 1 to 3 of Article 4 shall also apply to customs duties of a fiscal nature, except as provided for in Protocol C.

2. The States Parties to this Agreement may replace a customs duty of a fiscal nature or the fiscal element of a customs duty by an internal tax.

–  –  –

1. No new customs duty on exports or charge having equivalent effect shall be introduced in trade between the EFTA States and Poland.

2. The EFTA States shall abolish on the entry into force of the Agreement any customs duties on exports and any charges having equivalent effect, except as provided for in Annex VI.

3. Poland shall progressively abolish any customs duties on exports and any charges having equivalent effect. Such duties and charges shall be eliminated at the latest on 1 January 1997.

–  –  –

1. No new quantitative restriction on imports or measures having equivalent effect shall be introduced in trade between the EFTA States and Poland.

2. Quantitative restrictions and measures having equivalent effect on imports into the EFTA States shall be abolished on the date of entry into force of the Agreement, except as provided for in Annex VII.1

3. Quantitative restrictions and measures having equivalent effect on imports into Poland of products originating in the EFTA States shall be abolished in accordance with the provisions and the timetable laid down in Annex VIII.

1 Annex VII was deleted by Joint Committee Decision No. 4 of 1999 (23 November 1999).

–  –  –

1. No new quantitative restriction on exports or measures having equivalent effect shall be introduced in trade between the EFTA States and Poland.

2. Quantitative restrictions on exports from the EFTA States and measures having equivalent effect shall be abolished on the date of entry into force of the Agreement, except as provided for in Annex IX.1

3. Quantitative restrictions on exports from Poland and measures having equivalent effect shall be abolished on the date of entry into force of the Agreement, except as provided for in Annex X.

–  –  –

This Agreement shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants and the environment; the protection of national treasures of artistic, historic or archaeological value; the protection of intellectual property; or rules relating to gold or silver. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the States Parties to this Agreement.

–  –  –

1. The States Parties to this Agreement shall ensure that any state monopoly of a commercial character be adjusted, subject to the provisions laid down in Protocol D, so that no discrimination regarding the conditions under which goods are procured and marketed will exist between nationals of the EFTA States and of Poland.

2. The provisions of this Article shall apply to any body through which the competent authorities of the States Parties to this Agreement, in law or in fact, either directly or indirectly supervise, determine or appreciably influence imports or exports between the States Parties to this Agreement. These provisions shall likewise apply to monopolies delegated by the State to others.

1 Annex IX was deleted by Joint Committee Decision No. 5 of 1999 (23 November 1999).

–  –  –

1. The EFTA States and Poland shall notify each other, at the earliest practicable stage and in accordance with the provisions laid down in Annex XI, of draft technical regulations and draft amendments thereto, which they intend to issue.

2. The States Parties to this Agreement shall endeavour to implement this procedure within two years from the entry into force of the Agreement. If this does not turn out to be fully possible, the Joint Committee shall prolong this period.

–  –  –

1. The States Parties to this Agreement declare their readiness to foster, in so far as their agricultural policies allow, harmonious development of trade in agricultural products, taking into account its high importance for Poland's economy.

2. In pursuance of this objective each individual EFTA State and Poland have concluded a bilateral arrangement providing for measures to facilitate trade in agricultural products.

3. The States Parties to this Agreement shall apply their regulations in veterinary, plant health and health matters in a non-discriminatory way and shall not introduce any new measures that have the effect of unduly obstructing trade.

–  –  –

1. The States Parties to this Agreement shall refrain from any measure or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products originating in an EFTA State and like products originating in Poland.

2. Products exported to the territory of one of the States Parties to this Agreement may not benefit from repayment of internal taxation in excess of the amount of direct or indirect taxation imposed on them.

1 Article 12 was amended by Joint Committee Decision No. 6 of 1999 (23 November 1999). The Decision will enter into force when the instruments of acceptance have been deposited by all Parties with the Depositary.

–  –  –

1. Payments relating to trade in goods between an EFTA State and Poland and the transfer of such payments to the territory of the State Party to this Agreement where the creditor resides shall be free from any restrictions.

2. The States Parties to this Agreement shall refrain from any exchange or administrative restrictions on the grant, repayment or acceptance of short and medium-term credits covering commercial transactions in which a resident participates.

3. Until a full convertibility of the Polish currency in the meaning of Article VIII of the Agreement of the International Monetary Fund is introduced, Poland reserves the right to apply exchange restrictions connected with the granting or taking up of short and medium-term credits to the extent permitted according to Poland's status under the IMF, provided that these restrictions are applied in a non-discriminatory manner as regards the origin of the products and that they are not applied only to specific products or kinds of products.

–  –  –

1. The States Parties to this Agreement consider the effective liberalization of their respective public procurement markets as a desirable and important objective of this Agreement.



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