RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q1/POL/3
19 April 1999
(99-1534)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 12.6 OF THE AGREEMENT
Replies to Questions Posed by TURKEY1 and the UNITED STATES2
Regarding the Notification of POLAND3
The following communication, dated 7 April 1999, has been received from the Permanent
Mission of Poland.
_______________
QUESTIONS FROM TURKEY
Q.1. Could Poland please give further explanat ion on the implementation of Article 22-1 of
its Safeguards Law?
Reply
Article 22 of the Law of 11 December 1997 on safeguards against an excessive importation of
goods into the Polish territory (hereinafter "the Law") provides for the reimbursement of the
provisional duty in cases where the investigation has been terminated without imposition of a finalmeasure.  In such a situation, the Minister of Economy, in his decision to terminate the investigation
without imposition of a final measure, should repeal the decision imposing a provisional measure, as
provided for in Article 22.1 of the Law.
As a result of this decision, the customs authority which has collected the amount of the
provisional duty will reimburse the interested party with the amount of this duty at the written
application of the party concerned submitted together with the original receipt of payment and
documents, the presentation of which has been necessary to determine the customs designation of the
product concerned according to Article 22.2 of the Law.  The party concerned will be reimbursed
within 30 days from the date of the decision on its reimbursement as provided for in Article 22.4 ofthe Law.  No interest will be paid on the reimbursed amounts of the provisional duty (Article 22.5 of
the Law).
Q.2. In the framework of the Polish Safeguards Legislation, which measures can be applied
as a provisional safeguard measure other than a tariff increase?
                                                     
1 G/SG/Q1/POL/2
2 G/SG/Q1/POL/1
3 G/SG/N/1/POL/2G/SG/Q1/POL/3
Page 2
Reply
The Law determines safeguard measures and safeguard procedures against an excessive
importation of goods into the Polish customs territory originating in WTO Members and non-WTO
countries.  Therefore, it includes some specific provisions, that will be applied only to the latter.
As far as provisional measures are concerned, with respect to WTO Members, they will only
be imposed in the form of additional duty in full conformity with Article 6 of the Agreement on
Safeguards.  To avoid any interpretation problems, th ere have been foreseen some amendments to the
Law in question, including, among others, replacing the word "may" with the word "should" in
Article 8 of the Law.
In the case of non-WTO Members other forms of safeguard measures may be applied,
although it has never been the practice of Poland to use such measures so far.
Q.3. Does Polish legislation allow for compen sation for affected Members as required by
Article 8(1) of the Agreement on Safeguards in the occasion that a safeguard measure is
imposed?
Reply
The Law does not include a provision on a compensation for affected Members.  At the same
time, however, Article 1.3 of the Law lays down the obligation that safeguard measures and safeguard
procedures provided for in the Law should be applied with the due respect to the requirements of the
Agreement on Safeguards.  This, in turn, imposes an obligation on the Minister of Economy to satisfy
all the requirements of the Agreement that have not been incorporated into the Law which include,
among others, the procedure for maintaining a substantially equivalent level of concessions and otherobligations to that existing under GATT 1994.
QUESTIONS FROM THE UNITED STATES
Q.1. Article 3, para. 1 of the Agreement on Safeguards sets forth certain requirements
concerning an investigation by competent authorities, public notice, public hearings and other
appropriate means for interested parties to present evidence and views, and publication of a
reports setting forth findings and conclusions reached on pertinent issues of fact and law.
Beyond the procedures set out in Article 16 of Poland’s safeguard law, how does Poland plan to
implement these requirements?
Reply
With regard to the requirement concerning public notice, two provisions of the Law of
11 December 1997 on safeguards against an excessive importation of goods into the Polish territory
(hereinafter "the Law") relate to this issue.  Article 14.1 of the Law provides for the initiation of asafeguard investigation by a regulation of the Minister of Economy, which is further published in the
"Monitor Polski" Official Journal of the Republic of Poland according to Article 2.3 of the Law.
As to the question of public hearings or other appropriate means for interested parties to
present evidence and views, the matter is covered by Article 16 of the Law.  It provides for theinterested parties to present explanations, make requests and remarks as well as to supply evidence for
supporting their opinions.  All the information concerned may be submitted both in writing and in an
oral form, provided that the latter will be subsequently recorded in writing.G/SG/Q1/POL/3
Page 3
As far as the publication of a report mentione d in Article 3.1 of the Agreement on Safeguards
is concerned, all the relevant findings and conclusions reached on pertinent issues of fact and law will
be included in the written justification (the reasoned opinion) to the decision of the Minister of
Economy imposing a safeguard measure.  The decision together with its justification will be published
in the "Monitor Polski" Official Journal of the Republic of Poland according to Article 2.3 of the Law.
Q.2. Article 7, para. 1 of the Agreement on Sa feguards provides that a member shall apply
safeguard measures only for such period of time as may be necessary to prevent or remedy
serious injury "and to facilitate adjustment".  Article 7 of Poland’s safeguard law does not
contain the "facilitate adjustment" part of the requirement.  How does Poland plan to consider
the "facilitate adjustment" requirement in determining whether to apply a measure and, if so,
in what amount and for what period?  Will Polish industries be required or encouraged tosubmit adjustment plans?
Reply
Article 7 of the Law does not contain the "facilitate adjustment" part of the requirement set
forth in Article 7.1 of the Agreement.  At the sa me time, however, Article 1.3 of the Law lays down
the obligation that safeguard measures and safeguard procedures provided for in the Law should be
applied with the due respect to the requirements of the Agreement on Safeguards.  This, in turn,
imposes an obligation on the Minister of Economy to satisfy all the requirements of the Agreement
that have not been incorporated into the Law which include, among others, the analyses to facilitateadjustment of the Polish industry concerned while determining the amount and the time-period for
application of a safeguard measure.  They will also be applied when extending the duration of a
safeguard measure.  These analyses will be made on a case-by-case basis.
To avoid any interpretation problems, there have been foreseen some amendments to the Law
in question, including, among others, the addition of the "facilitate adjustment" part of the
requirement set forth in Article 7.1 of the Agreement to the Law.
__________