 ORGANISATION MONDIALE  
DU COMMERCE  S/DCS/W/POL 
24 janvier 2003 
 (03-0516) 
Commerce des services Original:   anglais 
   
 
POLOGNE  
 
Projet de version codifiée de la Liste d'engagements spécifiques
1 
 
 
 On trouvera ci-joint un projet de version codifi ée de la Liste d'engagements spécifiques de la 
Pologne en format Word.  Ce document ne remplace  pas les engagements juri diquement contraignants 
souscrits par la Pologne dans sa Liste d'engagements spécifi ques (GATS/SC/71; 
GATS/SC/71/Suppl.1; GATS/SC/71/Suppl.2).  
 Est joint au projet de liste codifiée la List e d'exemptions de l'article II (NPF) (GATS/EL/71) 
en format Word.   Le projet de version codifiée de la liste et la Liste d'exemptions de l'obligation NPF ont été 
établis par le Secrétariat, à la demande des Memb res, pour faciliter le processus de négociation, y 
compris la présentation des offres initiales. 
 
_______________ 
 
 
 
 
  
                                                     
 
1 Le présent document a été établi, en anglais seulemen t, par le Secrétariat sous sa propre responsabilité 
et sans préjudice des positions des Membres ni de le urs droits et obligations dans le cadre de l'OMC.  S/DCS/W/POL 
Page 2  
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
I. HORIZONTAL COMMTIMENTS1 
 ALL SECTORS  
 INCLUDED IN THIS   SCHEDULE    
 1)  Unbound in relation to subsidies and other  
 form of public assistance 
 2) Unbound in relation to subsidies and other  
 form of public assistance 
 
3) The establishment by foreign service suppliers 
 may only take the form of limited liability   company or joint stock company.  
 The same legal form is required in the case of  
 joint-venture of Polish and foreign companies. 1) Acquisition of real estate, direct and indirect, by 
 foreigners and foreign legal persons requires  
 permission 2) Acquisition of real estate, direct and indirect, by 
 foreigners and foreign legal persons requires  
 permission 
3) Acquisition of real estate, direct and indirect, by 
 foreigners and foreign legal persons requires   permission  
  Unbound with respect  to branches and  
 representative offices 
 Unbound in relation to acquisition of state-  owned property, i.e. the regulations governing  
 the privatization process 
   
                                                      
 1 There is non-discriminatory system of foreign exchange controls  relating to limitations in fore ign exchange turnover and to sy stem of foreign exchange permits (general and 
individual) among others lim itations of capital flow s and currency payments.  The followi ng foreign exchange transactions requi re authorization: 
- transfer of foreign exchange out of the country; 
- transfer of Polish currency into the country; 
- ownership transfer of the right to monetary  assets between domesti c and foreign persons; 
- granting and drawing of loans and credits by domes tic persons in foreign exxchange transactions; 
- fixing or executing payments in foreign curre ncies within Poland for acquired goods, real  estate, property rights, services or labour; 
- opening and possessing of a banking account in a bank situated abroad; 
- acquiring and holding foreign securities and acquiring real estate abroad; 
- undertaking other obligations abroad of similar effect.    S/DCS/W/POL
 Page 3Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
  Authorization of the establishment of a  
 company with foreign equity is required in the   case of:   
 
 - establishment of comp any, purchase or  
 acquiring of shares or stocks in an existing  
 company; extending of the activity of the   company when the scop e of activity embraces  
 at least one of the following areas:   
 
  
 - management of seaports and  airports; 
- dealing in real estate or acting as intermediary  
 in real estate transactions; 
- supply to defence industry that is not covered   by other licensing requirements; 
- wholesale trade in imported consumer goods;  
 
 - provision of legal advisory services. 
- establishment of a joint-venture company with 
 a foreign equity in which the Polish party is a  
 state legal person and is contributing non-  pecuniary assets as initial capital; 
  
 
 -  arranging a contract, that includes right to use  
- of state property for more than 6 months  
- or decides on acquiring of such property 
   
 
  Unbound in relation to subsidies and other  
 form of public assistance   
   
 4) Unbound except for enabling foreign service  
 suppliers acting in areas covered by this   schedule and established in Poland to  
 temporary employment of key personnel in  
 conformity with the Polish law meaning   managers or specialists, possessing high or  
 uncommon qualifications or knowledge  
 necessary for the functioning of the enterprise   under the condition that such persons must  
 have been employed by this enterprise at 4) Unbound with respect to acquisition of real  
 estate by foreign natural persons 
  S/DCS/W/POL 
Page 4 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
  least one year. Work permits are issued  
 exclusively for the defin ite period - up to one  
 year, with a possibility of extension - to a  
 given foreigner working at a specified  
 employer. Market test requirement.   
  No restrictions on business visits, up to three  
 months, related to negotiating or concluding  
 transactions if it does not involve direct  
 provision of services   
  Unbound in relation to subsidies and other  
 form of public assistance 
   
II. SECTOR SPECIFIC COMMITMENTS 
1. BUSINESS SERVICES 
    
A. Professional Services     
(a) Legal services 
 (CPC 861) 
 1) None 
2) None 
3) Establishment subject to authorization.   
 Nationality requirement. 
4) Unbound except for horizontal measures.   
 Nationality requirement.  1) None 
2) None 
3) None 
 
4) None 
  
 
(b) Accounting, auditing and   bookkeeping services  (CPC 862) 
 1) None 
2) None 3) Nationality requirement in the case of  
 auditors.  Foreign auditors may practice after  
 confirmation of their qualifications. 4) Unbound except for horizontal measures.   
 Nationality requirement in the case of  
 auditors.  Foreign auditors may practice after   confirmation of their qualifications. 
 1) None 
2) None 3) None 
 
 4) None 
  
 
(e) Engineering services  (CPC 8672) 
 1) None 
2) None 
3) None 
4) Unbound except for horizontal measures  1) None 
2) None 
3) None 
4) None   
   S/DCS/W/POL
 Page 5Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(h) Private medical and dental  
 services (CPC 9312   excluding services provided  
 by the public sector) 
 1) Public medical insurance programmes do not  
 cover cost of medicare supplied abroad 2) Public medical insurance programmes do not  
 cover cost of medicare supplied abroad 1) None 
 2) None 
 
  
 
 3) Nationality requirement. Practice of medical  
 profession by foreigners requires the  
 permission. 
4) Unbound except for horizontal measures.   Nationality requirement. Practice of medical  
 profession by foreigners requires the  
 permission.  3) None 
 
 
4) Foreign medical doctors have limited election   rights within the pr ofessional chambers  
(i) Veterinary services 
 (CPC 932)  1) None 
2) None 3) Nationality requirement.  Foreign persons may 
 apply for permission to practice. 
4) Unbound except for horizontal measures.   Nationality requirement.  Foreign persons may 
 apply for permission to practice. 
 1) None 
2) None 3) None 
 
4) None   
 
(j)  Services provided by   midwives, nurses in private   establishments (CPC  
 93191** excluding services  
 provided within public   sector) 
 1) Public insurance programmes do not cover  
 cost of foreign medical services supplied   abroad 
2) Public insurance programmes do not cover  
 cost of foreign medical services supplied   abroad 
3) Nationality requirement in the case of  
 midwives and nurses 4) Unbound except for horizontal measures.   
 Nationality requirement in the case of  
 midwives and nurses.  
 1) None 
  
2) None 
  
3) None 
 4) None 
 
  
 
B. Computer and Related  
 Services  
     S/DCS/W/POL 
Page 6 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Computer and related  
 services (CPC 841, 842,   843, and 844) 1) None 
2) None 3) None 
4) Unbound except for horizontal measures 
 1) None 
2) None 3) None 
4) None  
F. Other Business Services  
    
(a) Advertising (CPC 871  
 excluding advertising of   tobacco products, alcoholic  
 beverages,  
 pharmaceuticals)  1) Unbound 
2) None 3) None 
4) Unbound except for horizontal measures 
 1) Unbound 
2) None 3) None 
4) None 
  
 
(c) Management consulting  
 services (CPC 
865) 
 
 1) None 
2) None 3) None 
4) Unbound except for horizontal measures 
 1) None 
2) None 3) None 
4) None 
  
 
(f) Services incidental to   agriculture, hunting and  
 forestry (CPC 881) 
 1) None 
2) None 
3) None 
4) Unbound except for horizontal measures  1) None 
2) None 
3) None 
4) None   
 
(h) Services incidental to   mining and oil-field (CPC   883 excluding exploitation  
 of natural resources) 
 1) None 
2) None 3) None 
4) Unbound except for horizontal measures 
 1) None 
2) None 3) None 
4) None 
  
 
(p) Photographic services 
 (CPC 875 excluding aerial  
 photography) 1) None 
2) None 
3) None 4) Unbound except for horizontal measures 1) None 
2) None 
3) None 4) None 
    S/DCS/W/POL
 Page 7Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(r) Printing, publishing 
 (CPC 88442) 1) None 
2) None 3) Nationality requirement for the editor-in-chief  
 of newspapers and journals 
4) Unbound except for horizontal measures.   Nationality requirements for the editor-in-  
 chief of newspapers and journals. 
 1) None 
2) None 3) None 
 
4) None  
(t) Other 
 
- Translation services  
 excluding services of sworn   interpreters 
 (CPC 87905**) 1) None 
2) None 
3) None 
4) Unbound except for horizontal measures  1) None 
2) None 
3) None 
4) None   
 
2. COMMUNICATION   SERV ICES  
 (excluding broadcasting)
2 
  
   
 
 
- Courier services excluding   written correspondence  
 e.g. letters 
 (CPC 7512) 
 1) None 
2) None 
3) None 
4) Unbound except for horizontal measures 
 1) None 
2) None 
3) None 
4) None 
  
 
 All sub-sectors  1),2), 
3),4)The installation and usage of  
 telecommunications equipment and networks   and the provision of telecommunication  
 services requires a licence or permission, with  
 the exception of cases  specified by the  
 Minister of Communications in his ordinance. 
 
 The licences and permissions are available   only for the entities registered in Poland. 1),2), 
3),4)When the limitations of foreign 
 participation are applied, Polish citizens  domiciliated in Poland must have majority in 
 the board of directors and supervising body. As annexed 
                                                      
 2 Broadcasting is defined as the uninterrupted chain of transmis sion required for the distribution of tv and radio programme sig nals to the general public, but does not cover 
contribution links between operators.   S/DCS/W/POL 
Page 8 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
  The requirement to obtain licences and  
 permission does not concern the national   operator: Telekomunikacja Polska SA (TP  
 SA).  
  The entities with foreign participation in  
 Poland must take the form of limited liability  
 companies and joint stock companies   established in Poland. 
   
  Entities with foreign participation are not  
 allowed to own international networks or to   render international facilities based services  
 until 31 Dec. 2002. 
  With reference to international and domestic  
 long-distance services and networks the  
 limitation of foreign capital and voting rights   is 49%. 
 
 Number of licences and permissions can be  
 subject to the publicly available licensing  
 criteria.   
   
 
C. Telecommunication  
 Services  
    
(a) Voice-telephone services; 
(b) Packet-switched data   transmission services; 
(c) Circuit-switched data  
 transmission services; (d) Telex services; 
(e) Telegraph services; 
(f) Facsimile services; (g) Private leased circuit  
 services; 1) None 
2) None 3) None except: 
 (a) excluded from all commitments: 
  international public voice telephone, telex and  telegraph services until 31 Dec. 2002, 
 long-distance domestic public voice  
 telephone services and networks until 31 Dec.   2002, 1) None 
2) None 3) None  
  domestic telex and telegraph services and  
 networks until 31 Dec. 1999,     S/DCS/W/POL
 Page 9Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 International, long distance,  
 local,  
 
- public and non-public, 
- facilities-based and on   resale-base, 
- wire-based and radio-based. 
 (b)  territorial area of th e licences and permissions  
 for the  local public voice telephone services   and networks can be subject to the publicly  
 available licensing criteria. 
4) Unbound except for horizontal measures   
  
 
4) Unbound except for horizontal measures   
 
(g) Other telecommunication   services including value  
 added services 
 (CPC 7522**, 7523**)  1) Use of the public network, or the network of  
 other authorized operator, required in the case  
 of cross-border provis ion of these services 
 2) Use of the public network, or the network of  
 other authorized operator, required in the case  
 of cross-border consumption of these services 1) Only Polish companies with no foreign equity  
 may be permitted to use equipment, lines, and  
 networks directly linked to equipment, lines and 
 networks located abroad 2) Only Polish companies with no foreign equity  
 may be permitted to use equipment, lines, and  
 networks directly linked to equipment, lines and  networks located abroad  
 3) Provision of VAN services within Poland  
 requires the usage of authorised networks.3   
 Foreign equity in inter-town lines not higher  
 than 49 per cent.  No equity threshold for local 
 operators. Use of the public network, or the  
 network of other authorized operator, required  
 in the case of cross-border provision of these   services by the service providers established  
 in Poland. 
 4) Unbound except for horizontal measures 3) Only Polish companies with no foreign equity  
 may be permitted to use equipment, lines, and   networks directly linked to equipment,  
 lines and networks located abroad 
 
 
  
 
 4) None 
  
(o) Others 
 
- cable television and radio  
 networks services;  1) Unbound 
2) Unbound 
3) The limitation of foreign capital and voting  
 rights is 49% 4) Unbound except for horizontal measures. 
 1) None 
2) None 
3) None 
 4) Unbound except for horizontal measures. 
  
 
                                                      
 3 Only three technically different telecomm unication systems - based on e quipment mostly produced in Poland - can be applied wit hin public telecomunnication network (or other 
networks larger than voievodships).  S/DCS/W/POL 
Page 10 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
- public cellular mobile  
 telephone services and   networks, 
 1) None except: 
 -only through use of the  international network  of TP S.A. until 31 Dec. 2002 
2) None except:  
 only through use of the  international network   of TP SA until 31 Dec. 2002 and according to  
 the international agreements. 1) None 
  
2) None 
  
  
 
 3) None except: 
 -the limitation of foreign capital and voting   rights is 49%. 
 only through the use of TP S.A. infrastructure, 
 except microwave connec tions in the case if  
 TP S.A. is not able to establish such  
 connections in the limited period of time until  
 31 Dec. 2002. 4) Unbound except for horizontal measures. 
 3) None 
  
 
  
 
 4) Unbound except for horizontal measures. 
  
- mobile satellite services  
 and networks 
 1),2), 
3) None as of 1 January 2003. 
4) Unbound except for horizontal measures. 
 1),2), 
3) None 
4) Unbound except for horizontal measures. 
  
 
- paging  1),2)Unbound except pan-european paging  
 systems 3) None 
4) Unbound except for horizontal measures. 1) None 
2) None 3) None 
4) Unbound except for horizontal measures.  
 
Note 1 : The operators authorised to take part in the activity in the scope of all public fixed telephone networks and other non-publi c telephone networks exceeding the  
 geographic area (voivodship) are obliged to apply in their networks switching devices and interexchange teletransmission equip ment belonging to three  
 telecommunications systems selected by means of decision of the Polish Government.  The above obligation concerns also other n on-telephone telecommunication  
 network exceeding the geographic area (voivodship) in the scope of interexchange teletransmission equipment. The above limitat ion will expire not later than in 1999. 
 
Note 2 : The project of a new Telecommunications Act will be prepared by the end of  year 1997. 
   S/DCS/W/POL
 Page 11Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
3. CONSTRUCTION AND  
 RELATED   ENGINEERING  
 SERVICES 
   
 
 Construction services 
 (CPC 511, 512, 513, 514,  
 515, 516, 517, 518) 
 1) Unbound* 
2) None 
3) None 
4) Unbound except for horizontal measures  1) Unbound* 
2) None 
3) None 
4) None    
 
4. DISTRIBUTION  
 SERVICES    
 
B. Wholesale trade within  
 Poland (CPC 622 excluding    62226, 62228, 62251,  
 62252) 
 1) None 
2) None 3) Licensing of establis hment of companies in  
 the area of wholesale trade in imported  
 consumer goods 4) Unbound except for horizontal measures 
 1) None 
2) None 3) None 
 
 4) None 
 
  
 
C. Retail trade within Poland   (CPC 631, 632 excluding   63107, 63108, 63211) 
 1) Unbound 
2) None 3) None 
4) Unbound except for horizontal measures 
 1) Unbound 
2) None 3) None 
4) None 
  
 
                                                      
  * Unbound due to lack of technical fe asibility.  S/DCS/W/POL 
Page 12 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
5. EDUCATIONAL  
 SERVICES     
- Private educational services  
 (CPC 921, 922, 923, 924) 
 1) Public system of education and of  
 scholarships do not cover educational services  
 supplied from abroad 2) Public system of education and of  
 scholarships do not cover educational services  
 supplied abroad 3) None 
4) Unbound except for horizontal measures 
 1) None 
 
  
2) None 
 3) None 
4) None 
   
 
6. ENVIRONMENTAL   SERVICES 
    
D. Other  
    
 Monitoring of environment.  
 Consultancy related to the  
 environmental protection.   
 Cleaning of exhaust gases.  
 Noise abatement. 
 (CPC 9404**, 9405**)  1) None 
2) None 
3) None 
4) Unbound except for horizontal measures 
 1) None 
2) None 
3) None 
4) None 
 
  
 
7. FINANCIALSERVICES4 
    
A. All insurance and insurance  
 related services  
 1) Unbound except for th e reinsurance and the  
 retrocession.  In the reinsurance and the  
 retrocession the minimum part of a premium   to be retained in Poland may not be less than  
 20%. 1) Unbound except for the reinsurance and the 
 retrocession. 
  
- Insurance and related 
 services: 
 
 2) Unbound except for th e reinsurance and the  
 retrocession.  In the reinsurance and the  
 retrocession the minimum part of a premium  
 to be retained in Poland may not be less than   20%. 2) Unbound except for th e reinsurance and the  
 retrocession.  
                                                      
 4 Prudential regulations in the financial sect or are being elaborated in Poland.  They  may require alteration of the presently e xisting rules as well as preparation of the new laws.  
Their application will be done in accordance  with the provisions of the Annex on Fina ncial Services, paragraph 2 – Domestic Reg ulation, sub-paragraph 1.   S/DCS/W/POL
 Page 13Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
- direct 
insurance  (including coinsurance): 
 
 - life  - non-life; 
 
- reinsurance and   retrocession; 
 
- brokerage  (CPC 812** except 81212,  
 81299;81401, 81402) 
 3) Establishment only on a forom of joint stock  
 company except for brokerage and agency   services where horizontal measures apply.   
 Foreign participation in the insurance  
 company cannot be lower than 50 per cent of   the minimal guarantee fund.  A permit is  
 required for the acquisition of shares or rights  
 resulting from shares of any company which is  shareholder of at least 15% of shares of  
 insurance company. 
   Insurance funds and company own assets have 
 to be invested in Poland and cannot be  
 transferred abroad.  Head of a brokerage   company should meet qualifications of  
 insurance broker. 
 Residency requirement for insurance brokers  
 and agents. 3) None  
 4) Unbound for horizontal measures. 
 Residency requirement for insurance brokers  
 and agents. 4) None  
B. Banking and Other 
 Financial Services  
 Banking services: 
 
- Acceptance of deposits and 
 other repayable funds 
 (CPC 81115-81119)  
- Lending of all types  (CPCP 8113) 
- All payment and money 
 transmissions services  (CPC 81339**) 
- Guarantees and 
 commitments (excluding  guarantees and 
 commitments of the State 
 Treasury)  (CPC 81199**)  
  
1) Unbound 
2) Unbound 3) Establishment of a bank only in a form of joint 
 stock company.  System of permits in relation  
 to establishment of all banks based on   prudential grounds.  Nationality requirement  
 for some – at least one - of the bank  
 executives.  
4) Unbound except for horizontal measures.   
 Nationality requirement for some –at least –   one of the bank executives.  
  
1) Unbound 
2) Unbound 3) None 
 
  
 
  
4) None   S/DCS/W/POL 
Page 14 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
Other financial services. 
 - Participation in issues od 
 all kinds of securities 
 (excluding treasury bonds),  including underwriting and 
 placement as agent 
 (whether publicly or  privately) and provision of 
 services related to such 
 issues  1) Unbound 
2) Unbound 3) Establishment only in a form of joint stock  
 company.  Residency requirement for brokers  
 and securities advisors. 4) Unbound except for horizontal measures. 
 Residency requirement for brokers and  
 securities advisors. 1) Unbound 
2) Unbound 3) None 
 
 4) None 
 
  
- In relation to transferable  
 securities trading for own  
 account or for account of   customers, whether on an  
 exchange, in an over-the- 
 counter market or otherwise  (CPC 8132** except 
 81329) 
   
 
- Mutual funds services 
 (CPC 81323**)   
   
  
 
- Advisory and other  auxiliary services to  financial services included 
 into this schedule 
 (CPC 8133 ** except  81333, 81339)   
 
- Provisions and transfer of 
 financial information, and  financial data processing 
 and related software by 
 suppliers of other financial  services 
 1) Requirement to use the public  
 telecommunication network, or the network of  other authorized operator, in the case of cross- 
 border provision of these services 1) None 
 
   S/DCS/W/POL
 Page 15Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 2) Requirement to use the public  
 telecommunication network, or the network of  other authorized operator, in the case of cross- 
 border consumption of these services. 
 2) None 
   
 3) Requirement to use the public 
 telecommunication network or the network of 
 other authorized operator in the case of cross-
 services  3) None 
  
 4) Unbound except for horizontal measures 4) None  
8. HEALTH RELATED AND   SOCIAL SERVICES 
    
A. Hospital Services  
    
 Private hospital and  
 sanatorium services (CPC   9311 excluding services  
 provided by the public  
 sector) 
 1) Unbound* 
2) Public medical insurance programs do not   cover cost of medicare supplied abroad 
3) Head, or his deputy, of the health facility  
 should meet qualifications of medical doctor.  
 All the limitations pertaining to medical, and  
 dental services, as well as services of   midwives, nurses are applicable. 1) Unbound* 
2) Service consumers may not be entitled to   receive financial support from public resources 
3) Foreign private establishment and their service  
 consumers may not be entitled to receive  
 financial support from public resources 
    
 
 4) Unbound except for horizontal measures.  
 Head, or his deputy, of the health facility   should meet qualifications of medical doctor.  
 All the limitations pertaining to medical, and  
 dental services, as well as services of   midwives, nurses are applicable. 
 4) None 
 
                                                      
 * Unbound due to lack of technical feas ibility.   S/DCS/W/POL 
Page 16 Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
9. TOURISM AND TRAVEL  
 RELATED SERVICES    
 
A. Hotels and Restaurants  
 (CPC 641, 642) 
 1) Unbound* 
2) None 
3) None 4) Unbound except for horizontal measures 
 1) Unbound* 
2) None 
3) None 4) None 
  
B. Travel Agencies and Tour  
 Operators  
 (CPC 7471) 
 1) Commercial presence required 
2) Commercial presence required 
3) None 
4) Unbound except for horizontal measures  1) Commercial presence required 
2) Commercial presence required 
3) None 
4) None   
 
11. TRANSPORT SERVICES     
c. Airline Transport Services  
    
(c) Rental of aircraft with crew  
 (CPC 734) 
 1) None 
2) None 
3) None 
4) Unbound except for horizontal measures 1) None 
2) None 
3) None 
4) None  
(d) Maintenance and repair of  
 aircraft (CPC 8868**) 
 1) None 
2) None 3) None 
4) Unbound except for horizontal measures 
 1) None 
2) None 3) None 
4) None 
   S/DCS/W/POL 
 Page 17 
 
 
 
ANNEX  
 
The Republic of Poland 
 
Additional Commitments Schedule on Basic Telecom Services  
 Scope
 
 
The following are definitions and principl es on the regulatory framework for the basic 
telecommunications services.   
 Definitions
 
 Users
 mean service consumers and service suppliers.   
 
Essential facilities  mean facilities of a public telecommunications transport network or service that 
  (a) are exclusively or predominantly provided by a single or limited number of    suppliers;  and  
 (b) cannot feasibly be economically or technically substituted in order to provide  
  a service.  
A major supplier
 is a supplier which has the ability to materially affect the terms of 
participation (having regard to price and supply) in  the relevant market for basic telecommunications 
services as a result of: 
  (a) control over essential facilities;  or    (b) use of its position in the market.  
1. Competitive safeguards
 
 1.1 Prevention of anti-competitive practices in telecommunications
 
 
Appropriate measures shall be maintained for th e purpose of preventing suppliers who, alone 
or together, are a major supplier from engaging  in or continuing anti-competitive practices. 
 1.2 Safeguards
 
 
The anti-competitive practices referred to above shall include in particular: 
 
 (a) engaging in anti-competitive cross-subsidisation;   
  (b) using information obtained from comp etitors with anti-competitive results;   
  and  
 (c) not making available to other services suppliers on a timely basis technical  
  information about essential facilities an d commercially relevant information  
  which are necessary for them to provide services.    
 S/DCS/W/POL 
Page 18  
 
2. Interconnection
 
 2.1 This section applies to linking with supplie rs providing public telecommunications transport 
networks or services in order to allow the users of  one supplier to communicate with users of another 
supplier and to access services provided by anot her supplier, where specific commitments are 
undertaken. 
 2.2 Interconnection to be ensured
 
 
Interconnection with a major supplier will be ensu red at any technically feasible point in the 
network.  Such interconnection is provided. 
  (a) under non-discriminatory terms, cond itions (including technical standards  
  and specifications) and rates and of a quality no less favourable than that     provided for its own like services or for like services of non-affiliated service  
  suppliers or for its subsidiaries or other affiliates; 
  (b) in a timely fashion, on terms, conditions (including technical standards and    specifications)  and cost-oriented rates that  are transparent, reasonable, having regard 
  to economic feasibility, and sufficiently unb undled so that the supplier need not pay 
  for network components or facilities that it does not require for the service to be  
  provided;  and 
  (c) upon request, at points in addition to th e network termination points offered to the 
  majority of users, subject to charges that reflect the cost of construction of necessary   additional facilities. 
 
2.3 Public availability of the pro cedures for interconnection negotiations
 
 
The procedures applicable for interconnecti on to a major supplier will be made publicly 
available.  
2.4 Transparency of interconnection arrangements
 
 
It is ensured that a major supplier will make  publicly available either its interconnection 
agreements or a reference interconnection offer.  
2.5 Interconnection:  dispute settlement
 
 
A service supplier requesting interconnection with  a major supplier will have recourse, either: 
  (a) at any time or  
 (b) after a reasonable period of time whic h has been made publicly known to an  
  independent domestic body, which may be  a regulatory body as referred to in  
  paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and 
  rates for interconnection within a reasonabl e period of time, to the extent that these 
  have not been established previously. 
 
    
  S/DCS/W/POL 
 Page 19 
 
 
3. Universal service  
 
Any Member has the right to define the kind of universal service obligation it wishes to 
maintain.  Such obligations will not be regard ed as anti-competitive per se, provided they are 
administered in a transparent, non-discriminator y and competitively neutral manner and are not more 
burdensome than necessary for the kind of universal service defined by the Member.     
 4. Public availability of licensing criteria
 
 
Where a licence is required, the following will be made publicly available: 
 
 (a) all the licensing criteria and the period of  time normally required to reach a decision 
  concerning an application for a licence and   (b) the terms and conditions of  individual licences. 
 
The reasons for the denial of a licence will be  made known to the applicant upon request. 
 5. Independent regulators
 
 
The regulatory body is separate from, and not accountable to, any supplier of basic te lecommunications services. The decisions 
of and the procedures used by regulators shall be impartial with respect to all market participants. 
 
6. Allocation and use of scarce resources  
 
Any procedures for the allocation and use of s carce resources, including frequencies, numbers 
and rights of way, will be carried out in an obj ective, timely, transparent and non-discriminatory 
manner.  The current state of allocated frequency ba nds will be made publicly available, but detailed 
identification of frequencies allocated is not required.  
_______________  S/DCS/W/POL 
Page 20 
POLAND – FINAL LIST OF AR TICLE II (MFN) EXEMPTIONS 
 
Sector or Subsector Description of measure 
indicating its inconsistency 
with Article II Countries to which the 
measure applies Intended duration Conditions creating the need for 
the exemption 
All sectors 
 Commercial presence notions 
contained in:  
- commerce and navigation 
 treaties; - business and economic  
 relation treaties; 
- promotion and protection of 
 foreign investment  
 agreement; that go beyond   limitations embodied in  
 Poland's schedule of  
 specific commitments  All countries 
 Indeterminate 
 Reciprocal provisions of existing and 
future agreements 
 
All sectors  Poland accepts compulsory 
arbitration of investor/state 
investment disputes brought by or in respect of service suppliers 
of countries with which Poland 
has or may have agreements providing for such procedure 
 All countries 
 Indeterminate 
 Promotion and protection of foreign 
investment 
 
All passenger and freight transport services 
excluding maritime 
transport  Reciprocity requirement 
concerning supply of transport 
services by suppliers of 
countries concerned - in, into and across the territory of such 
countries 
 All countries 
 Indefinite 
 System of reciprocal agreements - 
existing and future - on transport 
cooperation (or of similar character) 
and promotion and protection of foreign investments, implementing - 
among others - transportation quotas 
resulting from bilaterally agreed 
system of permits 
   S/DCS/W/POL
 Page 21Sector or Subsector Description of measure 
indicating its inconsistency 
with Article II Countries to which the 
measure applies Intended duration Conditions creating the need for 
the exemption 
Sale and marketing of air transport services and Computer Reservation 
Systems 
 Preferential market access 
resulting from bilateral air transport agreements 
 All countries 
 Indeterminate 
 Reciprocal provisions concerning 
supply of air transport services embodied in bilateral air transport 
agreements 
 
Audiovisual services - motion picture and video 
tape production and 
distribution services 
 Preferential treatment of 
audiovisual works, including 
preferential access to funding 
 All countries 
 Indefinite 
 The aim of such agreements is to 
promote cultural links between 
countries concerned on the basis of 
co-production agreements 
 
Audiovisual services - 
production and 
distribution of 
cinematography works and television programmes 
 Preferential treatment that is 
adopted for the implementation 
of benefits, in conformity with 
support programmes and suppliers of these programmes, 
meeting specific European 
origin criteria  All European countries 
 Indefinite 
 Preservation and promotion of the 
regional identity of the countries 
concerned 
 
Audiovisual services - transmission of audiovisual works to the 
public 
 Preferential measures that are 
applied for the implementation and in conformity with the 
regulations such as the EC 
Television Broadcasting Directive (No 89/552) and 
which define programmes of 
European origin in order to extend national treatment to 
audiovisual programmes 
meeting specific criteria 
 Parties to the Council of Europe 
Convention on Transfrontier Television or other European 
countries with which an 
agreement may be concluded  Indefinite 
 The promotion of cultural identity 
within the broadcasting sector in Europe, as well as achievement of 
certain cultural policy objectives 
  S/DCS/W/POL 
Page 22 
Sector or Subsector Description of measure 
indicating its inconsistency 
with Article II Countries to which the 
measure applies Intended duration Conditions creating the need for 
the exemption 
Fishing and fishing-related services  Preferential treatment - in the 
area of fisheries jurisdiction of countries involved - in relation 
to the services and service 
providers from countries with which Poland has favourable 
fishery relations based on 
compliance to the international 
conservation practices and 
polices or agreements on fisheries, particularly in the 
Baltic Sea basin 
 All countries 
 Indeterminate 
 Cooperation concerning the 
conservation of fisheries and fishing based on the practice as well as 
existing and future agreements, 
particularly in the Baltic Sea basin  
 
__________ 
 
  