./.WORLD TRADE
ORGANIZATIONS/C/N/111
17 December 1999
(99-5458)
Council for Trade in Services Original:  English
NOTIFICATION PURSUANT TO ARTICLE III.3 OF THE
GENERAL AGREEMENT ON TRADE IN SERVICES
The following notification has been received from the delegation of Poland.
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1. Member notifying:
Poland
2. Notification under:
Article III, paragraph 3, of the General Agreement on Trade in Services.
3. Date of entry into force:
1 July 1998
Duration
Indefinite
4. Agency responsible for implementation  and enforcement of the measures:
State Sports and Tourism Administration
5. Description of the measures:
Measure
(i) mode of supply covered by the measure:  (3) commercial presence;
(ii) effect on trade in services:  non-discriminating measure;(iii) impact of the measure on commitments in the Member's schedule:The Tourist Services Act of 29 August 1997 sets a number of requirements to be met by
domestic and foreign tour operators, as well as enterprises acting as client’s agents and
dealing with concluding contracts to provide tourist services.  A special licence is required for
organising of tourist trips and acting as an agent, based on client’s commission, in concludingcontracts to run tourist services.S/C/N/111
Page 2
The licence may be granted to an enterprise which meets the following conditions:
• ensures management of the enterprise and of operations of its organizational units
which may independently take legal actions, by persons who:
(a) have relevant education and experience,
(b) have not been penalised for crimes against human life and health, credibility of
documents, property and legality of business operations.
• proves their capability to ensure covering the costs of a client’s return trip to the
country in case the tourist service organiser does not ensure the return trip despite
their obligation to do so, and covering the costs of returning the payments made bythe clients in case the contractual obligations towards them have not been fulfilled;
the capability shall be proved by producing:
(a) bank guarantee agreement, or insurance guarantee agreement,
(b) clients insurance agreement.
The requirements set are identical for all enterprises, both domestic and foreign.
6. Members specifically affected, if any:
None
7. The texts are available from:
Dzienniki Ustaw: Nr 133/1997 pozycja 884 z dnia 29 pazdziernika 1997 r.,
Nr 158/1997 pozycja 1043 z dnia 24 grudnia 1997 r.,Nr 113/1998 pozycja 714 z dnia 31 sierpnia 1998 r.,
Nr  40/1999 pozycja 401 z dnia 6 maja 1999 r.,
(Polish Official Journals; No 133/1997 item 884 of 29 October 1997,
No 158/1997 item 1043 of  24 December 1997,No 113/1998 item 714 of 31 August 1998,
No  40/1999 item 401 of 6 May 1999.)
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