WORLD TRADE
ORGANIZATIONWT/REG107/3
8 June 2001
(01-2825)
Committee on Regional Trade Agreements Original:  English
FREE TRADE AGREEMENT BETWEEN TURKEY AND POLAND
Communication from the Parties
I. BACKGROUND INFORMATION ON THE AGREEMENT
1. Membership, dates of signature, ratification and entry into force
The Parties to the Agreement are the Republic of Turkey and the Republic of Poland.  The
Agreement applies in respect of the territory to which the customs laws of Turkey and Poland are
applicable respectively.
The Free Trade Area Agreement between Turkey and Poland was signed on
4 October 1999 in Ankara and entered into force on 1 May 2000 after the completion of the legal
internal ratification procedures of the two Parties.
2. Type of Agreement
 The Agreement establishes a free trade area in conformity with the definition set out in
Article XXIV:8(b) of GATT  1994.
3. Scope
The free trade area established by this agreement provides the framework for future trade
relations between Turkey and Poland.
The Free Trade Area Agreement covers all trade in industrial products (HS Chapter 25-97
excluding Annex I) and a number of agricultural, processed agricultural and fishery products.  The
Parties will examine the possibilities of granting each other further concessions on agricultural
products.  For further developing the relations established by this Agreement, by extending them to
fields not covered thereby, and in accordance with the evolutionary clause contained in theAgreement, Parties will discuss in the Joint Committee the issue of reciprocal investment facilities
and trade in services with a view of the gradual liberalization and mutual opening of the market for
investment and trade in services, taking into account the relevant WTO provisions.
With the entry into force of the Agreement, customs duties and other restrictive regulations of
commerce on industrial and certain agricultural products were abolished or decreased, thus meeting
the requirement of Article XXIV in respect of the principle of “covering substantially all trade”.
In order to ensure the proper functioning of the free trade area, the Agreement contains
provisions, inter alia,  on State aid, State monopolies, competition, public procurement and protection
of intellectual property.WT/REG107/3
Page 2
4. Trade Data
See Annex.
II. TRADE PROVISIONS
1. Import restrictions
All customs duties and charges having equivalent effect on imports of industrial products,
except for those classified as sensitive, were abolished on 1 May 2000.  As for the sensitive products,
customs duties and charges having equivalent effect will be gradually eliminated by the year 2002.
Turkey and Poland initially granted each other preferential market access for a number of
agricultural, processed agricultural and certain fishery products under tariff quotas.
The Parties will not introduce new quantitative restrictions and measures having equivalent
effect on imports.
2. Export restrictions
Under Article 7, prohibition of new customs dut y or charges having equivalent effect on
exports between the Parties is envisaged.  Moreover, all existing duties and charges having equivalent
effect on exports applied to industrial products are abolished with the entry into force of the
Agreement.
The Parties will not introduce new quantitative restrictions and measures having equivalent
effect on exports.
3. Rules of origin
The rules of origin on trade between Turkey and Poland, defined in Protocol 3 of the
Agreement, are based on the sufficient working or processing criteria.  In general, origin is conferredwhen:
− the good is wholly obtained or produced in the territory of a Party;
− each of the non-originating materials used in the production of the good undergoes an
applicable change in tariff classification set out in the specific rule for that good, and the
good satisfies any other applicable requirement set out in that rule, as a result ofproduction occurring entirely in the territory of one or both of the Parties;
− the good is produced entirely in the territory of one or both of the Parties exclusively from
originating materials; or,
− other particular circumstances as set out in Protocol 3.
The rules of origin enable extended cumulation of products between Turkey, Poland, EU
countries, EFTA countries and other Central and Eastern European Countries.WT/REG107/3
Page 3
4. Standards
4.1 Technical barriers to trade
The rights and obligations of Parties relating to  standards or technical regulations and related
measures are governed by the WTO Agreement on Technical Barriers to Trade.
Each Party, upon request of the other Party, shall provide information on particular individual
cases of standards, technical regulations and related issues
With the aim to reduce technical barriers to tr ade, the Parties may conclude an Agreement for
mutual recognition in the field of conformity assessm ent, in the spirit of the recommendations of the
WTO Agreement on Technical Barriers to Trade.
4.2 Sanitary and phytosanitary measuresThe Parties shall apply their regulations in veterinary, plant health and health matters in a
non-discriminatory fashion and shall not introduce any new measures that have the effect of undulyobstructing trade in accordance with the provisions of the GATT 1994 and the other relevant WTO
agreements .
5. Safeguards 
The Agreement permits the application of safeguard measures in the case of dumping (Article
24), emergency action on imports of particular products (Article 26), re-export and serious shortage
(Article 28), provisions concerning rules of co mpetition (Article 20) and State aid (Article 21)
between the Parties.
In the case of  balance of payments difficulties, Article 31 of the Agreement gives to the
Parties the right of adopting restrictive measures in accordance with the conditions laid down within
the framework of GATT 1994 and with the relevant Articles of Agreement of the International
Monetary Fund.
The procedure for the application of these measures is laid down in Article 30 of the
Agreement.
6. Anti-Dumping and Countervailing Measures
Article 24 of the Agreement states that if a Party finds that dumping is taking place in trade
with the other Party within the meaning of Article VI of the GATT, it may take appropriate measures
against this practice in accordance with the Agreement on Implementation of Article VI of the GATT
1994 and with its relevant internal legislation, under the conditions and in accordance with theprocedures laid down in Article 30.  Through this Article conformity with the GATT 1994 rules has
been provided.
7. Subsidies and State aid
The Agreement evaluates “state aids” issue in the context of distortion of competition.
According to Article 21.1 of the Agreement, any aid granted by a State being a Party to the
Agreement or through State resources in any form whatsoever which distorts or threatens to distort
competition by favouring certain undertakings or the production of certain goods will be subject toWT/REG107/3
Page 4
rules which are going to be adopted by the Joint Committee.  Until these rules are adopted relevant
rules of the GATT 1994 shall be applied.
The Agreement also sets up appropriate means to ensure transparency in the area of State
aids.
Against the improper practices of a Party, Article 30(c) of the Agreement establishes the right
for the other Party to take appropriate measures.
8. Sector-specific provisions
8.1 Agriculture
Under the Agreement, the Parties have declared their readiness to foster, in so far as their
agricultural policies allow, the harmonious development of trade in agricultural products and to
discuss this issue periodically in the Joint Committee.  In this framework, the Parties granted each
other the concessions specified in Protocol 2 to the Agreement to facilitate trade in agricultural
products.
8.2 ServicesTurkey and Poland agreed to cooperate with the aim of achieving gradual liberalization and
mutual opening of markets for investments and trade in services, taking into account the relevantWTO provisions.
9. Other
9.1 Cooperation in customs administration
A framework was established for cooperation between customs administrations of the Parties
with Article 14 and Protocol 3 on the definition of the concept of “originating products” and methods
of administrative cooperation between the Parties.
9.2 State monopoliesUnder Article 18 of the Agreement, the Parties agreed to adjust progressively any State
monopoly of a commercial character so as to ensure that by the entry into force of the Agreement no
discrimination regarding the conditions under which goods are procured and marketed exists between
the nationals of the Parties.
9.3 Internal taxationAny measure or practice of an internal fiscal nature establishing discrimination between the
products originating in the Parties has been prohibited within the meaning of the Article 15.  This
Article also prohibits repayment of indirect internal taxes in excess of the amount of indirect or direct
taxes on exports.
9.4 Protection of intellectual propertyThe protection of intellectual property rights is addressed in Article 25 and Annex IV of the
Agreement.  The Parties accepted to accede certain multilateral conventions on intellectual andindustrial property rights which are listed in Annex IV of the Agreement.WT/REG107/3
Page 5
9.5 Payments
According to the Article 19, payments in freely convertible currencies relating to commercial
transactions, other than those existing in the current legislation of the Parties, within the framework of
this Agreement between the Parties and the transfer of such payments to the territory of the other
Party where the creditor resides shall be free from any restrictions.
In the same Article, it is also stated that any measure concerning current payments connected
with the movement of goods shall be in conform ity with the conditions laid down under the Articles
of the Agreement of International Monetary Fund.
9.6 Public procurementThe Parties consider the liberalization of their respective public procurement  markets as an
objective of  this Agreement.  The progress in this field will be reviewed in the Joint Committee
annually.
III. GENERAL PROVISIONS OF THE AGREEMENT
1. Exceptions and Reservations
All customs duties and charges having equivalent effect on imports applied to industrial
products, except for those classified as sensitive, are abolished with the entry into force of the
Agreement.  As for the sensitive products, customs duties and charges having equivalent effect will begradually eliminated by the year 2002.  This, however, will 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; including environmental
measures; the protection of treasures of culture; or the protection of intellectual property or the rules
relating to gold or silver or the conservation of exhaustible natural resources.
The Agreement allows the Parties to take measures, with concerns of  security, in the cases
specified in Article 17.
2. Accession
There is no provision in the Agreement allowing other countries to accede to the free trade
area.
3. Dispute Settlement Procedures
A Joint Committee which is responsible for the administration of the Agreement and its
proper implementation has the authority to take decisions on issues mentioned in various Articles of
the Agreement.  In the procedure for application of safeguard measures relating to “Dumping”,“Emergency Action on Imports of Particular Produ cts” and “Re-export and Serious Shortage” the
Joint Committee has also been commissioned actively as a competent authority in Article 33 of the
Agreement.
4. Relation with Other Trade Agreements
Regarding “basic duties” defined in Article 4, the Agreement envisages that any tariff
reduction, resulting from the tariff agreement concluded as a result of the GATT Uruguay Round and
Turkey-EC Customs Union, replaces the former basic duty.WT/REG107/3
Page 6
The Agreement stipulates that rights and oblig ations relating to certain matters, namely anti-
dumping measures, balance-of-payment difficulties and State aids shall be governed by the relevant
WTO Agreements.
The Agreement sets forth that measures concerning current payments connected with the
movement of goods and rules on balance of payment difficulties shall be in conformity with the
Articles of the Agreement of International Monetary Fund and GATT 94 procedures.
5. Institutional Framework
The Agreement establishes a Joint Committee which is responsible for administration of the
Agreement and shall meet once a year to monitor its implementation.WT/REG107/3
Page 7
ANNEX
Imports of Turkey from Poland, 1997-1999,
by different duty levels according to the Agreement
Duty rate 1997
Agricultural products Industrial products Total imports
(000 $) % (000 $) % (000 $) %
0% 865 23 80,798 92 81,663 89
Less than MFN 61 2 7,427 8 7,488 8
MFN 2,803 75 0 0 2,803 3
Total 3,730 100 88,224 100 91,954 100
Duty rate 1998
Agricultural products Industrial products Total imports
(000 $) % (000 $) % (000 $) %
0% 241 16 75,385 94 75,626 92
Less than MFN 165 11 5,149 6 5,314 6
MFN 1,112 73 0 0 1,112 1
Total 1,518 100 80,534 100 82,052 100
Duty rate 1999
Agricultural products Industrial products Total imports
(000 $) % (000 $) % (000 $) %
0% 700 15 52,904 69 53,604 66
Less than MFN 502 11 23,796 31 24,299 30
MFN 3,343 74 0 0 3,343 4
Total 4,545 100 76,700 100 81,245 100
Imports of Turkey from Poland (US $)
HS CHAPTER 1997 1998 1999
01 1,971,300 0 711,102
0 2 000
0 3 000
04 1,642,739 388,898 1,496,902
0 5 000
06 0 855 39,840
07 57,372 547,644 90,575
08 17,953 184,480 230,060
0 9 000
1 0 000
11 50 0 0
12 1,458 2,122 22,236
1 3 000
1 4 000
1 5 000WT/REG107/3
Page 8
HS CHAPTER 1997 1998 1999
1 6 000
17 0 85 0
1 8 000
19 20,638 18,632 112,653
20 0 0 1,599,547
21 13,513 265,002 55,508
2 2 000
23 0 16,635 187,056
2 4 000
25 42,973 0 99,351
26 24,524 0 0
27 0 0 9,136,174
28 450,425 599,615 377,709
29 3,435,891 2,869,226 607,424
30 191,759 142,684 33,055
31 2,880,478 707,599 81,482
32 464,587 573,758 473,210
33 0 163,474 601,004
34 222 13,934 5,926
35 4,477 93,644 0
36 90,651 22,200 0
37 4,080 4,000 4,000
38 111,287 207,029 673,996
39 1,183,983 1,870,685 2,526,382
40 4,423,108 2,993,435 1,984,253
41 24,639 92,551 62,072
42 1,757 21,913 130,489
43 67,909 298,680 38,666
44 25,203 68,085 342,916
4 5 000
46 141 0 897
4 7 000
48 5,331,749 3,826,060 1,761,169
49 10,259 39,093 8,358
5 0 000
51 3,007,459 2,116,953 677,090
52 0 129,865 22,957
53 11,733 4,438 291
54 6,427,720 2,532,631 1,525,276
55 400,742 364,681 128,243
56 517,737 406,801 134,684WT/REG107/3
Page 9
HS CHAPTER 1997 1998 1999
5 7 000
58 7,744 154,579 125,068
59 5,276 186,120 4,262
60 10,842 1,521 99
61 5,809 1,811 16,233
62 94,450 123,846 124,414
63 5,335 0 29,269
64 19,735 37,188 784
65 0 165 28
66 0 192 0
67 0 0 13
68 80,993 53,715 69,385
69 62,400 201,683 47,409
70 326,217 153,721 92,924
71 50,057 91,084 3,729
72 17,889,568 10,425,399 2,753,858
73 1,645,581 6,560,008 22,380,745
74 0 372,337 9,507
7 5 000
76 46,617 78,904 2,604
78 0 86,049 0
7 9 000
8 0 000
81 0 72,660 0
82 105,875 69,320 135,014
83 265,131 869,752 682,882
84 5,329,146 8,231,619 5,988,685
85 8,800,401 25,801,950 15,075,919
8 6 000
87 891,419 2,846,811 6,620,122
88 103,379 32,622 7,004
89 22,391,883 22,267 24,506
90 604,673 2,574,753 671,392
91 12,913 30,823 1,612
92 152,860 180,025 72,421
93 27,384 0 0
94 123,733 1,159,482 286,046
95 15,396 0 18,023
96 6,745 44,434 18,922
97 11,761 0 0
TOTAL 91,953,839 82,052,227 81,245,432WT/REG107/3
Page 10
Imports of Poland from Turkey, 1997-2000,
by different duty levels according to the Agreement
Duty
rate1997
Agricultural products Industrial products Total imports
US$ % % of
total
tradeUS$ % % of
total
tradeUS$ %
0%
Less than
MFN
MFN 42,199,755 100 32.5 87,761,726 100 67.5 129,961,481 100
Total 42,199,755 100 100 87,761,726 100 100 129,961,481 100
Duty
rate1998
Agricultural products Industrial products Total imports
US$ % % of
total
tradeUS$ % % of
total
tradeUS$ %
0%
Less than
MFN
MFN 38,891,301 100 24.5 119,885,521 100 75.5 158,776,822 100
Total 38,891,301 100 100 119,885,521 100 100 158,776,822 100
Duty
rate1999
Agricultural products Industrial products Total imports
US$ % % of
total
tradeUS$ % % of
total
tradeUS$ %
0%
Less than
MFN
MFN 42,349,568 100 21.9 151,280,053 100 78.1 193,629,621 100
Total 42,349,568 100 100 151,280,053 100 100 193,629,621 100
Dutyrate2000
Agricultural products Industrial products Total imports
US$ % % of
total
tradeUS$ % % of
total
tradeUS$ %
0% 9,213,698 25.3 4.3 111,961,078 62.4 51.9 121,174,776 56.1
Less than
MFN9,196,853 25.2 4.3 67,419,161 37.6 31.2 76,616,014 35.5
MFN 18,025,370 49.5 8.4 0 0.0 0.0 18,025,370 8.4
Total 36,435,921 100 16.9 179,380,239 100 83.1 215,816,160 100WT/REG107/3
Page 11
Imports of Poland from Turkey 1997-2000 (US$)
HS Chapter 1997 1998 1999 2000
0 1 0000
0 2 0000
03 90,150 1,262 1,516 43,685
04 106,257 0 44,218 127,707
05 43,187 189,071 206,054 121,940
06 1,685 4,440 735 1,160
07 1,207,677 1,028,109 826,100 965,566
08 12,128,285 10,960,722 9,111,327 13,394,454
09 1,085,962 1,852,610 1,347,997 976,690
10 19,221 68 0 49
11 0 7,449 4,079 4,881
12 2,670,253 2,693,879 1,690,146 714,866
13 0 1,922 0
14 552 0 739 0
15 40,529 18,756 246,507 15,022
16 0 0 38,691
17 301,470 228,215 162,717 353,983
18 56,354 303 3,181 14,372
19 90,284 40,567 7,534 5,663
20 10,085,155 5,271,691 2,310,564 4,578,698
21 2,548 44,490 47,649 76,203
22 0 0 8,104
23 7,040 73 2,656
24 10,428,289 13,042,434 20,775,733 8,256,358
25 1,152,152 1,302,835 980,178 1,384,528
26 1,373,397 819,860 2,086,443 1,724,068
27 0 0 0 18,761
28 1,316,348 1,116,439 1,744,404 3,013,005
29 187,928 53,086 61,296 249,141
30 1,035,594 1,473,886 2,272,178 1,523,650
31 5 0 491 0
32 82,878 176,394 422,246 580,853
33 14,885 50,929 22,814 277,615
34 8,760,970 7,965,390 10,475,135 11,290,662
35 23,083 12,403 15,105 26,855
36 202 768 492 1,030
37 11 348 219 4,066
38 199,297 124,293 317,248 282,687WT/REG107/3
Page 12
HS Chapter 1997 1998 1999 2000
39 3,495,531 3,327,301 5,475,436 5,635,164
40 4,701,178 5,333,930 5,618,727 7,310,188
41 274,081 496,983 146,007 212,230
42 402,413 385,860 292,294 826,684
43 8,223 23,262 17,493 502,925
44 18,140 5,830 18,429 81,794
4 5 06 01 35 4
46 128 47 1,106 30
47 4,043 231 0 0
48 165,278 453,634 468,179 667,219
49 139,170 363,411 733,363 654,611
50 0 60 1,003 926
51 84,126 429,334 1,167,410 968,050
52 7,050,911 8,329,748 12,355,047 19,269,349
53 3,283 17,716 42,015 2,385
54 829,451 3,431,436 6,138,800 8,549,596
55 2,921,765 7,399,937 5,837,350 6,485,988
56 555,079 674,247 952,704 1,728,762
57 82,452 75,688 64,555 37,725
58 287,741 354,282 507,402 1,554,382
59 227,681 405,006 1,225,084 2,529,363
60 2,425,859 3,830,299 3,819,017 4,041,850
61 7,482,796 13,609,735 18,338,014 11,808,333
62 5,572,133 7,863,650 8,252,343 6,901,304
63 713,237 1,005,439 1,326,084 1,377,809
64 1,175,013 1,170,626 1,642,381 1,106,156
65 43,314 55,058 46,162 20,413
66 365 116 180 110,268
67 1,430 207 0 87,484
68 190,323 239,375 595,194 966,066
69 684,743 1,065,948 1,769,273 4,519,263
70 537,437 1,304,785 3,291,454 2,979,773
71 52,951 40,205 12,790 499,238
72 21,189 103,104 91,584 1,851,493
73 2,919,486 4,655,442 2,940,042 4,671,780
74 18,457 72,125 173,092 26,009
75 0 213 4,950 0
76 203,397 1,475,745 2,216,365 3,072,531
7 7 0000WT/REG107/3
Page 13
HS Chapter 1997 1998 1999 2000
7 8 0000
79 0 7,239 2,004 5,426
8 0 0000
81 602 128,490 193,058 287,033
82 201,584 179,367 216,281 231,400
83 660,637 594,875 215,224 286,635
84 13,379,897 16,711,825 13,760,935 9,842,187
85 7,775,860 12,339,784 11,003,627 21,321,489
86 20 0 0 1,728
87 10,399,991 10,238,305 25,408,196 31,326,700
8 8 0000
89 16,855 4 0 65,798
90 59,012 76,393 229,753 177,208
91 3,721 3,471 1,444 2,466
92 414 0 3,596 2,292
9 3 0000
94 1,447,078 1,823,874 1,499,649 898,949
95 8,672 5,881 58,080 26,406
96 209,726 179,342 231,694 225,728
97 0 160 37,698 0
TOTAL 129,961,481 158,776,822 193,629,621 215,836,309
_________