WORLD TRADE
ORGANIZATIONS/DCS/W/POL/Rev.1
11 April 2003
(03-1989)
Trade in Services Original:  English
POLAND
Draft consolidated Schedule of Specific Commitments1
Revision
Attached is a revised draft consolidated version of the Schedule of Specific Commitments of
Poland in word format.  This document  does not substitute for the legally binding commitments
undertaken by Poland in its Schedule of Spec ific Commitments (GATS/SC/71; GATS/SC/71/Suppl.1
and GATS/SC/71/Suppl.2)
Attached to the revised draft consolidated schedule is Poland's Article II (MFN) Exemption
List (GATS/EL/71) in word format.
The revised draft consolidated version of the Schedule and the MFN Exemption List were
prepared by the Secretariat, at the request of Members, to facilitate the process of negotiations,
including the presentation of initial offers.
The revised document contains corrections to the entries relating to
• HORIZONTAL COMMITMENTS: the correct inscription in the National Treatment column for
Mode 4 now reads "Acquisition of real estate, direct and indirect, by foreigners and foreign legal
persons requires permission" instead of "Unbound with respect to acquisition of real estate by
foreign natural persons."
• 2. COMMUNICATION SERVICES: the subsector inscription "B. Courier Services" was omitted;
the subsector inscription "C. Telecommunication Services" and the inscription “(excludingbroadcasting)²” were inserted in the wrong place; the commitment on “Other telecommunication
services including value added services (CPC 7522**, 7523**)“ were inserted in the wrong place.
• 4. DISTRIBUTION SERVICES: the subsector inscriptions "B. Wholesale Trade Services" and
"C. Retail Services" were omitted.
• 7. FINANCIAL SERVICES; 2. Banking and Other Financial Services, subsector "Provisions and
transfer of financial information, and financial data processing and related software by suppliers
of other financial services,": the correct inscription in the Market Access column for Mode 3 now
reads "Requirement to use the public teleco mmunication network or the network of other
authorized operator in the case of cross-border provision and/or consumption of these services."
_______________
                                                          
1 This document has been prepared, in English only, under the Secretariat's own responsibility and without
prejudice to the positions of Members and to their rights and obligations under the WTO.S/DCS/W/POL/Rev.1
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 Limitat ions on  National Treatment Additional Commitments
I. HORIZONTAL COMMTIMENTS1
ALL SECTORS
INCLUDED IN THISSCHEDULE
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 liabilitycompany 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 requirespermission
2) Acquisition of real estate, direct and indirect, by
foreigners and foreign legal persons requirespermission
3) Acquisition of real estate, direct and indirect, by
foreigners and foreign legal persons requirespermission
Unbound with respect to branches andrepresentative offices
Unbound in relation to acquisition of state-
owned property, i.e. the regulations governingthe privatization process
                                                          
1 There is non-discriminatory system of foreign exchange controls relating to limitations in foreign exchange turnover and to sy stem of foreign exchange permits (general and individual) 
among others limitations of capital flows and currency payments.  The following foreign exchange transactions require authoriza tion:
- transfer of foreign exchange out of the country;
- transfer of Polish currency into the country;
- ownership transfer of the right to monetary assets between domestic and foreign persons;
- granting and drawing of loans and credits by domestic persons in foreign exchange transactions;
- fixing or executing payments in foreign currencies within Pola nd 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/Rev.1
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 Limitat ions on  National Treatment Additional Commitments
Authorization of the establishment of a
company with foreign equity is required in thecase of:
- establishment of company, purchase or
acquiring of shares or stocks in an existingcompany; extending of the activity of thecompany when the scope 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 totemporary employment of key personnel inconformity with the Polish law meaningmanagers or specialists, possessing high oruncommon qualifications or knowledge
necessary for the functioning of the enterprise
under the condition that such persons musthave been employed by this enterprise at4
)     Acquisition of real estate, direct and indirect,
by foreigners and foreign legal persons
requires permissionS/DCS/W/POL/Rev.1
Page 4Modes 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 Limitat ions on  National Treatment Additional Commitments
least one year. Work permits are issued
exclusively for the definite period - up to oneyear, with a possibility of extension - to agiven foreigner working at a specifiedemployer. Market test requirement.
No restrictions on business visits, up to three
months, related to negotiating or concluding
transactions if it does not involve directprovision 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) None3) Nationality requirement in the case of
auditors.  Foreign auditors may practice afterconfirmation of their qualifications.
4) Unbound except for horizontal measures.
Nationality requirement in the case of
auditors.  Foreign auditors may practice afterconfirmation of their qualifications.1) None
2) None3) None
4) NoneS/DCS/W/POL/Rev.1
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 Limitat ions on  National Treatment Additional Commitments
e) Engineering services
(CPC 8672)1) None
2) None3) None4) Unbound except for horizontal measures1) None
2) None3) None4) None
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 abroad1) None
2) None
3) Nationality requirement. Practice of medical
profession by foreigners requires thepermission.
4) Unbound except for horizontal measures.
Nationality requirement. Practice of medicalprofession by foreigners requires thepermission.3) None
4) Foreign medical doctors have limited election
rights within the professional 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 privateestablishments (CPC93191** excluding services
provided within public
sector)1) Public insurance programmes do not cover
cost of foreign medical services suppliedabroad
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) NoneS/DCS/W/POL/Rev.1
Page 6Modes 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 Limitat ions on  National Treatment Additional Commitments
B. Computer and Related
Services
Computer and related
services (CPC 841, 842,843, and 844)1) None
2) None3) None4) Unbound except for horizontal measures1) None
2) None3) None4) None
F. Other Business Services
a) Advertising (CPC 871
excluding advertising oftobacco products, alcoholic
beverages,
pharmaceuticals)1) Unbound
2) None3) None
4) Unbound except for horizontal measures1) Unbound
2) None3) None
4) None
c) Management consulting
services (CPC 865)1) None
2) None3) None
4) Unbound except for horizontal measures1) None
2) None3) None
4) None
f) Services incidental to
agriculture, hunting andforestry (CPC 881)1) None
2) None3) None
4) Unbound except for horizontal measures1) None
2) None3) None
4) None
h) Services incidental to
mining and oil-field (CPC883 excluding exploitationof natural resources)1) None
2) None3) None4) Unbound except for horizontal measures1) None
2) None3) None4) None
p) Photographic services
(CPC 875 excluding aerialphotography)1) None
2) None3) None4) Unbound except for horizontal measures1) None
2) None3) None4) NoneS/DCS/W/POL/Rev.1
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 Limitat ions on  National Treatment Additional Commitments
r) Printing, publishing
(CPC 88442)1) None
2) None3) 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) None3) None
4) None
t)      Other- Translation services
excluding services of sworninterpreters
(CPC 87905**)1) None
2) None3) None4) Unbound except for horizontal measures1) None
2) None3) None4) None
2. COMMUNICATION
SERVICES
B. Courier Services
-   Courier services excluding
written correspondencee.g. letters (CPC 7512)1) None
2) None3) None4) Unbound except for horizontal measures1) None
2) None3) None4) None
C. Telecommunication
Services (excluding
broadcasting)2
                                                          
2 Broadcasting is defined as the uninterrupted chain of transmission 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/Rev.1
Page 8Modes 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 Limitat ions on  National Treatment Additional Commitments
        Other telecommunication
services including valueadded services(CPC 7522**, 7523**)
All sub-sectors1) Use of the public network, or the network of
other authorized operator, required in the caseof cross-border provision 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
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 thenetwork of other authorized operator, requiredin the case of cross-border provision of theseservices by the service providers establishedin Poland.
4) Unbound except for horizontal measures
1),2),3),4)
The installation and usage of
telecommunications equipment and networksand the provision of telecommunicationservices requires a licence or permission, withthe exception of cases specified by theMinister of Communications in his ordinance.
The licences and permissions are available
only for the entities registered in Poland.1) Only Polish companies with no foreign equity
may be permitted to use equipment, lines, andnetworks directly linked to equipment, lines andnetworks located abroad
2) Only Polish companies with no foreign equity
may be permitted to use equipment, lines, and
networks directly linked to equipment, lines andnetworks located abroad
3) Only Polish companies with no foreign equity
may be permitted to use equipment, lines, andnetworks directly linked to equipment,
lines and networks located abroad
4) None
1),2),3),4)
When the limitations of foreign participation are
applied, Polish citizens domiciliated in Poland musthave majority in the board of directors andsupervising body. As annexed
                                                          
3 Only three technically different telecommunication systems - based on equipment mostly produced in Poland - can be applied wit hin public telecommunication network (or other
networks larger than voievodships).S/DCS/W/POL/Rev.1
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 Limitat ions on  National Treatment Additional Commitments
The requirement to obtain licences and
permission does not concern the nationaloperator: Telekomunikacja Polska SA (TPSA).
The entities with foreign participation in
Poland must take the form of limited liability
companies and joint stock companiesestablished in Poland.
Entities with foreign participation are notallowed to own international networks or torender international facilities based services
until 31 Dec. 2002.
With reference to international and domestic
long-distance services and networks thelimitation of foreign capital and voting rightsis 49%.
Number of licences and permissions can be
subject to the publicly available licensingcriteria.
(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) None3) 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 31Dec. 2002,1) None
2) None3) NoneS/DCS/W/POL/Rev.1
Page 10Modes 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 Limitat ions on  National Treatment Additional Commitments
International, long distance,
local,- public and non-public,- facilities-based and on
resale-base,
- wire-based and radio-based.- domestic telex and telegraph services and
networks until 31 Dec. 1999,
(b)  territorial area of the licences and permissions
for the  local public voice telephone servicesand networks can be subject to the publiclyavailable licensing criteria.
4) Unbound except for horizontal measures
4) Unbound except for horizontal measures
(o) Others
- cable television and radio
networks services;1) Unbound
2) Unbound3) The limitation of foreign capital and voting
rights is 49%
4) Unbound except for horizontal measures.1) None
2) None3) None
4) Unbound except for horizontal measures.
- public cellular mobile
telephone services and
networks,1) None except:
-only through use of the international networkof 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 tothe 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 connections in the case if
TP S.A. is not able to establish suchconnections in the limited period of time until31 Dec. 2002.
4) Unbound except for horizontal measures.3) None
4) Unbound except for horizontal measures.
- mobile satellite services
and networks1),2),3) None as of 1 January 2003.
4) Unbound except for horizontal measures.1),2),3) None
4) Unbound except for horizontal measures.S/DCS/W/POL/Rev.1
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 Limitat ions on  National Treatment Additional Commitments
- paging 1),2) Unbound except pan- European paging
systems
3) None4) Unbound except for horizontal measures.1) None
2) None3) None4) 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- public telephone networks exceeding the
geographic area (voivodship) are obliged to apply in their networks switching devices and interexchange teletransmission equipm ent belonging to three
telecommunications systems selected by means of decision of th e Polish Government.  The above obligation concerns also other no n-telephone telecommunication
network exceeding the geographic area (voivodship) in the scope of interexchange teletransmission equipment. The above limitati on 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/Rev.1
Page 12Modes 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 Limitat ions on  National Treatment Additional Commitments
3. CONSTRUCTION AND
RELATEDENGINEERINGSERVICES
Construction services(CPC 511, 512, 513, 514,
515, 516, 517, 518)1) Unbound*
2) None
3) None
4) Unbound except for horizontal measures1) Unbound*
2) None
3) None
4) None 
4. DISTRIBUTION
SERVICES
B. Wholesale Trade Services
-      Wholesale trade within
Poland (CPC 622 excluding62226, 62228, 62251,62252)1) None
2) None3) Licensing of establishment of companies in
the area of wholesale trade in imported
consumer goods
4) Unbound except for horizontal measures1) None
2) None3) None
4) None
C.  Retail Services
-     Retail trade within Poland
      (CPC 631, 632 excluding
63107, 63108, 63211)1) Unbound
2) None3) None4) Unbound except for horizontal measures1) Unbound
2) None3) None4) None
                                                          
 * Unbound due to lack of technical feasibility.S/DCS/W/POL/Rev.1
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 Limitat ions on  National Treatment 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 servicessupplied from abroad
2) Public system of education and of
scholarships do not cover educational services
supplied abroad
3) None4) Unbound except for horizontal measures1) 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 measures1) None
2) None
3) None
4) None
7. FINANCIAL SERVICES4
A. All insurance and insurance
related services1) Unbound except for the reinsurance and the
retrocession.  In the reinsurance and theretrocession the minimum part of a premiumto 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 the reinsurance and the
retrocession.  In the reinsurance and theretrocession the minimum part of a premiumto be retained in Poland may not be less than20%.2) Unbound except for the reinsurance and the
retrocession.
                                                          
4 Prudential regulations in the financial sector are being elaborat ed 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 th e Annex on Financial Services, paragraph 2 – Domestic Regulatio n, sub-paragraph 1.S/DCS/W/POL/Rev.1
Page 14Modes 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 Limitat ions on  National Treatment Additional Commitments
- direct insurance
(including coinsurance):
- life
- non-life;
- reinsurance and
retrocession;
- brokerage
(CPC 812** except 81212,81299;81401, 81402)3)  Establishment only in a form of joint stock
company except for brokerage and agencyservices where horizontal measures apply.Foreign participation in the insurancecompany cannot be lower than 50 per cent ofthe minimal guarantee fund.  A permit is
required for the acquisition of shares or rights
resulting from shares of any company whichis shareholder of at least 15% of shares ofinsurance company. Insurance funds andcompany own assets have to be invested inPoland and cannot be transferred abroad.
Head of a brokerage company should meet
qualifications of insurance broker. Residencyrequirement for insurance brokers and agents.3) None
4) Unbound for horizontal measures.
Residency requirement for insurance brokersand 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) Unbound3) Establishment of a bank only in a form of joint
stock company.  System of permits in relation
to establishment of all banks based onprudential grounds.  Nationality requirementfor some – at least one - of the bankexecutives.
4) Unbound except for horizontal measures.
Nationality requirement for some –at least –one of the bank executives.1) Unbound
2) Unbound3) None
4) NoneS/DCS/W/POL/Rev.1
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 Limitat ions on  National Treatment 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 issues1) Unbound
2) Unbound
3) Establishment only in a form of joint stock
company.  Residency requirement for brokersand 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 ownaccount or for account ofcustomers, whether on anexchange, 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 
services1) Requirement to use the public
telecommunication network, or the network ofother authorized operator, in the case of cross-border provision of these services1) NoneS/DCS/W/POL/Rev.1
Page 16Modes 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 Limitat ions on  National Treatment Additional Commitments
2) Requirement to use the public
telecommunication network, or the network ofother 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-
border provision and/or consumption of these 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 servicesprovided by the publicsector)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 receivefinancial support from public resources 
4) Unbound except for horizontal measures.
Head, or his deputy, of the health facilityshould 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 feasibility.S/DCS/W/POL/Rev.1
Page 17Modes 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 Limitat ions on  National Treatment Additional Commitments
9. TOURISM AND TRAVEL
RELATED SERVICES
A. Hotels and Restaurants
(CPC 641, 642)1) Unbound*
2) None3) None4) Unbound except for horizontal measures1) Unbound*
2) None3) None4) None
B. Travel Agencies and Tour
Operators
(CPC 7471)1) Commercial presence required
2) Commercial presence required3) None4) Unbound except for horizontal measures1) Commercial presence required
2) Commercial presence required3) None4) 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 measures1) None
2) None
3) None
4) None
d) Maintenance and repair of
aircraft (CPC 8868**)1) None
2) None3) None
4) Unbound except for horizontal measures1) None
2) None3) None
4) NoneS/DCS/W/POL/Rev.1
Page 18
ANNEX
The Republic of Poland
Additional Commitments Schedule on Basic Telecom Services
Scope
The following are definitions and principles 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 the 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 competitors with anti-competitive results;  
and
(c) not making available to other services suppliers on a timely basis technical 
information about essential facilities and commercially relevant information 
which are necessary for them to provide services.S/DCS/W/POL/Rev.1
Page 19
2. Interconnection
2.1 This section applies to linking with suppliers 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 another supplier, where specific commitments areundertaken.
2.2 Interconnection to be ensured
Interconnection with a major supplier will be ensured at any technically feasible point in the
network.  Such interconnection is provided.
(a) under non-discriminatory terms, conditions (including technical standards 
and specifications) and rates and of a quality no less favourable than that 
provided for its own like services or fo r 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 unbundled 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 the 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 procedures for interconnection negotiations
The procedures applicable for interconnection 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 which 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 reasonable period of time, to the extent that these have not been established previously.S/DCS/W/POL/Rev.1
Page 20
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 regarded as anti-competitive per se, provided they are
administered in a transparent, non-discriminatory and competitively neutral manner and are not moreburdensome 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
telecommunications 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 scarce resources, including frequencies, numbers
and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory
manner.  The current state of allocated frequency bands will be made publicly available, but detailed
identification of frequencies allocated is not required.
_______________S/DCS/W/POL/Rev.1
Page 21POLAND – FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS
Sector or SubsectorDescription of measure
indicating its inconsistency
with Article IICountries to which the
measure appliesIntended durationConditions 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 scheduleof specific commitmentsAll countries Indeterminate Reciprocal provisions of existing and
future agreements
All sectors Poland accepts compulsory
arbitration of investor/state
investment disputes brought byor in respect of service suppliersof countries with which Polandhas or may have agreementsproviding for such procedureAll countries Indeterminate Promotion and protection of foreign
investment
All passenger and freight
transport servicesexcluding maritimetransportReciprocity requirement
concerning supply of transportservices by suppliers ofcountries concerned - in, into
and across the territory of such
countriesAll countries Indefinite System of reciprocal agreements -
existing and future - on transportcooperation (or of similar character)and promotion and protection of
foreign investments, implementing -
among others - transportation quotasresulting from bilaterally agreedsystem of permitsS/DCS/W/POL/Rev.1
Page 22
Sector or SubsectorDescription of measure
indicating its inconsistency
with Article IICountries to which the
measure appliesIntended durationConditions creating  the need for
the exemption
Sale and marketing of airtransport services andComputer ReservationSystemsPreferential market access
resulting from bilateral airtransport agreementsAll countries Indeterminate Reciprocal provisions concerning
supply of air transport servicesembodied in bilateral air transportagreements
Audiovisual services -motion picture and video
tape production and
distribution servicesPreferential treatment of
audiovisual works, including
preferential access to fundingAll 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 anddistribution of
cinematography works and
television programmesPreferential treatment that is
adopted for the implementationof benefits, in conformity with
support programmes and
suppliers of these programmes,meeting specific Europeanorigin criteriaAll European countries Indefinite Preservation and promotion of the
regional identity of the countriesconcerned
Audiovisual services -transmission ofaudiovisual works to thepublicPreferential measures that are
applied for the implementationand in conformity with theregulations such as the ECTelevision BroadcastingDirective (No 89/552) and
which define programmes of
European origin in order toextend national treatment toaudiovisual programmesmeeting specific criteriaParties to the Council of Europe
Convention on TransfrontierTelevision or other Europeancountries with which anagreement may be concludedIndefinite The promotion of cultural identity
within the broadcasting sector inEurope, as well as achievement ofcertain cultural policy objectivesS/DCS/W/POL/Rev.1
Page 23Sector or SubsectorDescription of measure
indicating its inconsistency
with Article IICountries to which the
measure appliesIntended durationConditions creating  the need for
the exemption
Fishing and fishing-relatedservicesPreferential treatment - in the
area of fisheries jurisdiction ofcountries involved - in relationto the services and serviceproviders from countries withwhich Poland has favourable
fishery relations based on
compliance to the internationalconservation practices andpolices or agreements onfisheries, particularly in theBaltic Sea basinAll countries Indeterminate Cooperation concerning the
conservation of fisheries and fishingbased on the practice as well asexisting and future agreements,particularly in the Baltic Sea basin
__________