WORLD TRADE
ORGANIZATIONG/SG/N/1/POL/2
7 August 1998
(98-3108)
Committee on Safeguards Original: English
NOTIFICATIONS OF LAWS, REGULATIONS AND
ADMINISTRATIVE PROCEDURES RELATING
TO SAFEGUARD MEASURES
POLAND
The following communication, dated 31 July 1998, has been received from the Permanent
Mission of Poland.
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TABLE OF CONTENTS
Page
Law of 11 December 1997 on Safeguards Against an Excessive Importation
of goods into the Polish Customs Territory ...................................................................................... 2
Chapter 1 – General Provisions ............................................................................................ 2
Chapter 2 – Safeguard Measures ......................................................................................... 4
Chapter 3 – Safeguard Procedures ...................................................................................... 5
Chapter 4 – Verification and Review Procedures ............................................................. 11
Chapter 5 – Provisional and Final Regulations ................................................................. 12G/SG/N/1/POL/2
Page 2
The translation refers to item No. 1027, published in "The  Journal of Laws of the Republic of
Poland" (Dziennik Ustaw – Dz.U.) of 23 December 1997, No. 157, pages 5086-5092.
LAW
of 11 December 1997
on safeguards against an excessive importation of goods
into the Polish customs territory
Chapter 1
General provisions
Article 1
1. The Law determines safeguard measures against an excessive importation of goods into the
Polish customs territory, hereinafter called "safeguard measures", as well as rules and modes of acting
in terms of the application of these measures, hereinafter called "safeguard procedures".
2. Provisions of the present Law shall not be applied to:
(1) goods the excessive importation of which is subject to restrictions within the scope
regulated by separate legal provisions or international agreements,
(2) the importation into the Polish customs territory of goods for which there has been
simultaneously imposed an additional customs fee or countervailing duty on the basis of separateregulations.
3. Safeguard measures and safeguard procedures provided for in the present Law shall be
applied with the preservation of requirements described in the Agreement on Safeguard Measures
(Dz.U. of 1996, No. 9, item 54) constituting an a nnex to the Marrakesh Establishing the World Trade
Organisation (WTO), signed in Marrakesh on 15 April 1994 (Dz.U. No. 1995, No. 98, item 483).
4. Provisions of the Administrative Procedure Code shall be applied for the purpose of safeguard
procedures, unless provisions of the present Law provide otherwise.
Article 2
1. Provisions and decisions mentioned in the present Law shall be consulted with the President
of the Competition and Consumers' Protection Office before adopting them.
2. Provisions and decisions mentioned in the present Law come in force on the day of their
publication.
3. Provisions and decisions, as well as their justifications shall be announced in the Official
Journal of the Republic of Poland "Monitor Polski".
4. Irrespectively of the announcement mentioned in paragraph 3 above, the Minister of
Economy shall present the adopted provisions and decisions to the applicant and authorities of the
exporting country.G/SG/N/1/POL/2
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Article 3
The importation of goods into the Polish customs territory is considered to be excessive if the
goods are imported:
(1) in increased absolute quantities or in a relation to the volume of the domestic
production of similar products or directly competitive products;  and
(2) on such conditions that it causes a serious injury to the domestic industry
manufacturing similar products or directly competitive products or threatens it with such an injury.
Article 4
Terms applied in the present Law shall bear the following meanings:(1) similar goods - goods which are equal in all respects to goods covered by the
safeguard procedures, or in the case of a lack of such similar goods, other goods which have featuresclosely resembling features of goods covered by the sa id procedures, in spite of the flaw that they are
not equal in all respects;
(2) directly competitive goods - goods which do not meet requirements specified in
paragraph 1, but due to the possibility of using them for the same purposes and fulfilling the samefunctions, and due to their prices, can be considered   a substitute to goods covered by safeguard
procedures;
(3) a serious injury - a considerable and general deterioration of the situation of the
domestic industry;
(4) a threat of a serious injury - a threat to cause an unavoidable injury as according to
paragraph 3;
(5) domestic industry - all producers manufacturing similar goods or directly competitive
goods within the territory of the Republic of Poland, or these producers whose total production of the
similar goods or directly competitive goods constituted at least 50 per cent of the total domesticproduction of the goods;
(6) exporting country - country of origin of the goods, and in the case when the goods are
not imported into the Polish customs territory directly from the country of origin of the goods - the
country of shipment of the goods;
(7) interested parties - authorities of the exporting country, domestic producers of the
given goods or directly competitive goods, or other domestic and foreign natural and legal persons,
who will prove their direct legal and material interest in the given case during procedures.G/SG/N/1/POL/2
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Chapter 2
Safeguard measures
Article 5
1. If as a result of the safeguard procedures it is confirmed that the importation of goods into the
Polish customs territory is excessive, safeguard measures can be applied in relation to the importation
of such goods, unless  paragraphs 2-3 provide otherwise.
2. Safeguard measures can be applied to importation of goods coming from WTO Members into
the Polish customs territory on the condition that as a result of the safeguard procedures it isconfirmed that both premises mentioned in Article 3, paragraphs 1 and 2 are met and there is a causal
relation between them and a serious injury or threat to make such an injury.
3. Safeguard measures shall not be applied against goods originating from a developing country
or a least developed country, which are also WTO Members, and whose individual share in theimportation into the Polish customs territory does not exceed 3 per cent, providing that the total
importation from these countries does not exceed 9 per cent of the whole importation of goods into
the Polish customs territory covered by safeguard procedures.
Article 6
1. Safeguard measures shall be applied to goods admitted for the circulation in the Polish
customs territory, irrespectively of the country of origin of such goods, unless agreements concluded
by the Republic of Poland provide otherwise, with the reservation of paragraphs 2 and 3, as well as
Article 5, paragraph 3.
2. In the case when a serious injury or threat of a serious injury has been caused only due to an
excessive importation of goods from countries wi th which the Republic of Poland has concluded
agreements about the free trade zones, safeguard measures shall be applied only to the importation of
goods coming from these countries according to provisions of agreements on the free trade zones.
3. In the case when a serious injury or threat of a serious injury has been caused only due to an
excessive importation of goods from countries which are not members of the WTO, safeguard
measures may be applied only against goods coming from these countries, unless agreements
concluded by the Republic of Poland with these countries provide otherwise.
Article 7
The safeguard measures shall be applied for a specified period of time and for volume and in
the form necessary to repair the injury caused to the domestic industry or prevent the occurrence of
the injury, with the reservation of Article 20, paragraph 2, and Article 26.
Article 8
Provisional safeguard measures may entail an establishment of a provisional additional
customs duty.
Article 9
1. Final safeguard measures shall especially entail the establishment of:G/SG/N/1/POL/2
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(1) an additional customs duty;
(2) a quota.
2. In relation to goods brought from countries which are not WTO Members and unless
agreements concluded between them and the Republic of Poland provide otherwise, safeguard
measures also in the form of a nonautomatic registration of the importation according to the Law of
11 December 1997, on administrating the foreign turnover exchange in goods and services and the
special foreign turnover (Dz.U. No. 157, item 1026) may be applied.
3. In the case of establishing final safeguard measures in the form mentioned in paragraphs 1.2
and 2, provisions of the Law on administrating foreign turnover in goods and services and the specialforeign turnover shall be applied.
Article 10
An additional customs duty mentioned in Article 8 and Article 9, paragraph 1.1, shall
constitute a customs importation duty according to provisions of the Customs Law.
Chapter 3
Safeguard procedures
Article 11
1. The Minister of Economy shall initiate safeguard procedures:
(1) at a written request of a natural or legal person, or an organisational unit not
possessing corporate powers, lawing for the benefit of the domestic industry; the request is considered
to be submitted for the benefit of the domestic industry if it is supported by domestic producers whose
total production constitutes at least 25 per cent of the domestic production of similar goods or directly
competitive goods;
(2) ex officio , if he possesses evidence justifying the initiation of safeguard procedures.
2. The Minister of Economy shall determine, by measures of a regulation, requirements that
should be met by a request to initiate safeguard procedures.
3. In the case when the request does not meet requirements provided for under paragraph 2
above, or the evidence proves  to be insufficient, within 15 days after the submission of the request,
the Minister of Economy shall inform the applicant about it and ask him the remove the shortcomings
within a period of time not shorter than 30 days after the summon date. If the shortcomings are not
removed within the indicated deadline, the Minister of Economy shall leave the request withoutconsidering it.
4. In the case of withdrawing the request by the applicant before the decision on initiating
procedures is made, the said procedures shall not be initiated.
5. If the applicant withdraws the request after the procedures are already initiated, the Minister
of Economy shall discontinue the procedures, unless it violates the public interest.G/SG/N/1/POL/2
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Article 12
The Minister of Economy shall take a decision about rejecting to initiate safeguard procedures
if it is required by the public interest.
Article 13
1. No information about the given case shall be made publicly known before taking the decision
mentioned in Article 14.
2. If international agreements provide for an ob ligation to inform authorities of the exporting
country about the intention to initiate safeguard procedures, the Minister of Economy shall dulyinform the respective authorities about it.
Article 14
1. The Minister of Economy shall initiate safeguard procedures by means of a regulation.2. In the case of procedures initiated at the request mentioned in Article 11, paragraph 1.1, the
Minister of Economy shall take a decision about initiating safeguard procedures within a period not
longer than 30 days from the date of obtaining a complete request.
3. The decision mentioned in paragraph 1 should contain a summary of collected information
and determine:
(1) the date of initiating safeguard procedures;
(2) the PCN code and the description of goods covered by safeguard procedures;
(3) the deadline within which the parties concerned should confirm their participation in
safeguard procedures;
(4) countries exporting goods covered by the safeguard procedures;
(5) deadlines for submitting information and expressing opinions by parties concerned.
Article 15
1. The Minister of Economy may require the  parties concerned to supply information or present
explanations if it is necessary for the conducted safeguard procedures.
2. If the party concerned refuses to supply the information mentioned in paragraph 1 above
within the specified deadline, or makes safeguard procedures more difficult in any other way,
decisions may be taken on the basis of available information.
3. If the party concerned supplies untrue or misleading information, such information will be
disregarded, and other available information will be taken into consideration during safeguard
procedures.G/SG/N/1/POL/2
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Article 16
1. The parties concerned may offer explanations, requests, and supply evidence to support them
during safeguard procedures.
2. Information mentioned in paragraph 1 and submitted in an oral form, may be taken into
consideration in safeguard procedures providing that they are recorded in writing as well.
3. The party concerned submitting information of a considerable importance for its competitive
standing in the market, may require the information to be considered  confidential.
4. Information shall be considered confidential if:
(1)  the party concerned submitting the information justifies its request;  and(2) the party concerned prepares a summary of the information that may be made available to
other parties to the procedures.
5. In the case when the request of the party concerned to make its information confidential is not
justified, and the party does not agree to make the information available to other participants of the
procedures and does not supply the summary mentioned in paragraph 4.2 above, the Minister of
Economy may solve the problem without taking su ch information into consideration, unless the
truthfulness of the information can be confirmed on the basis of other sources.
6. The information which has been made confidential, cannot be made available to other parties
to the safeguard procedures  without the consent of the party concerned providing such information.
Article 17
1. During safeguard procedures, the Minister of Economy shall especially examine:
(1) the volume of imports to ascertain whether the importation has increased in absolute
terms or in relation to the volume of the domestic production or consumption;
(2) prices of the goods covered by safeguard procedures, including their relation to prices
of domestic similar goods or directly competitive goods;
(3) the impact of imports on the situation of domestic producers of similar goods or
directly competitive goods, expressed in terms of the following changes:
(a) of the volume of output;
(b) the level of production capacities utilisation;
(c) the level of stocks;
(d) the volume or value of sales;(e) the market share;
(f) prices of domestic similar goods or directly competitive goods (decrease of prices or
prevention of increase of prices which would take place under normal conditions);
(g) profit or loss;
(h) the level of returns of the invested capital;(i) cash flows;
(j) the state of employment;
(k) the labour efficiencyG/SG/N/1/POL/2
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(4) the existence of a causal relation between the importation of goods into the Polish
customs territory and the situation of domestic producers mentioned in paragraph 3.
2. During safeguard procedures, the Minister of Economy shall also examine factors other than
the importation, which have caused or might have caused a serious injury to the domestic industry, orcontributed to the occurrence of such an injury. The injury caused by these factors shall not be related
to the importation.
3. In order to conclude whether the importation of goods covered by safeguard procedures
threatens the domestic industry with a serious inju ry or not, the Minister of Economy shall check
whether the existing situation shall transform into a serious injury, taking into consideration:
(1) the volume and rate of increase of imports of goods covered by safeguard procedures;
(2) exportation capacities of the country exporting the goods covered by safeguard
procedures and the probability to use these capacities to increase in the importation into the Polish
customs territory.
Article 18
The Minister of Economy shall complete safeguard procedures, by means of a decision, not
later than within 12 months from the date of their initiation.
Article 19
The Minister of Economy shall make a decision about completing safeguard procedures
without applying safeguard measures, if during the said procedures, it is concluded that theimportation of goods covered by safeguard procedures into the Polish customs territory has not caused
any serious injury to the domestic industry, nor it threatens the industry with such a injury.
Article 20
1. If during safeguard procedures, but not earlier than within 2 months after initiating them, and
not later than  6 months after this date, the Minister of Economy concludes that an implementation ofsafeguard measures only after the completion of safeguard procedures could cause an injury difficult
to repair, he may decide, by means of a regulation about provisional safeguard measures.
2. Provisional safeguard measures shall be imposed for a period not exceeding 6 months.
3. The decision mentioned in paragraph 1 should specify in particular:
(1) the PCN code and the description of goods covered by  safeguard measures;(2) the duration of safeguard measures;(3) the method, conditions and scope of applying provisional safeguard measures.
Article 21
Provisional safeguard measures shall not be applied to supplies of goods covered by contracts
concluded prior to the date of the decision mentioned in Article 20, paragraph 1 comes in force,
providing that transportation documents have been issued before the date of coming in force of theG/SG/N/1/POL/2
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decision, and the goods have been brought into the Polish customs territory not later than within 3
months after the date of the decision coming in force.
Article 22
1. If as a result of safeguard procedures, provisional safeguard measures have been applied, the
Minister of Economy shall waive the decision to apply  provisional safeguard measures in his decision
about completing safeguard procedures without imposing any safeguard measures.
2. In the case of waiving the decision about applying  provisional safeguard measures imposed
in the form of a provisional additional customs duty, the customs authority which has collected the
duty shall return the sum against a written request of the party concerned submitted together with theoriginal receipt of payment and documents the presentation of which has been necessary to determine
the customs designation of the goods.
3. The sum to be returned is considered ex officio  as an overdue or current debt resulting from
customs obligations.
4. In the case of a lack of the debt mentioned in paragraph 3 above, the provisional additional
customs duty shall be returned within 30 days from the date of taking the decision on its return.
5. No interest shall be paid on the returned provisional additional customs duty.Article 23
1. If in the course of safeguard procedures, the Minister of Economy confirms that the
importation of goods into the Polish customs territor y is excessive, he shall determine final safeguard
measures for an importation of such goods by means of a decision.
2. Final safeguard measures shall be applied to goods admitted for the circulation in the Polish
customs territory from the date of coming in for ce of the decision about determining final safeguard
measures, with the reservation of Article 24.
3. The decision mentioned in paragraph 1 should specify in particular:
(1) the PCN code and the description of goods covered by safeguard measures;(2) the type of the applied safeguard measures;
(3) the duration of safeguard measures;
(4) the method, conditions and scope of applying final safeguard measures.
4. If final safeguard measures have been imposed for a period longer than one year, the decision
on imposing final safeguard measures should also specify the schedule of a gradual liberalisation of
the applied measures.
5. In the case of determining final safeguard measures in the form of a quota, the decision about
imposing such final safeguard measures should also specify the method of distributing the quota.
6. In the case of determining final safeguard measures in the form of a nonautomatic registration
of the importation, the decision about imposing such final safeguard measures should also specify
conditions of granting and utilising permits for importing goods subject to the registration. Especially,G/SG/N/1/POL/2
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the preservation of a determined unit price of the imported goods may be a condition to utilise permits
to import the goods.
Article 24
Final safeguard measures should not be applied to goods covered by contracts concluded
before the date of coming in force of the decision mentioned in Article 23, paragraph 1 providing that
transportation documents were  issued before that date and the goods were brought into the Polish
customs territory not later than within 3 months fo llowing the date of the decision coming in force.
Article 25
1. In the case of applying final safeguard measures in the form of a quota, its volume should be
specified at the level not lower than the average volume or value of the importation of goods covered
by these safeguard measures during the period of the past three representative years, for which
statistical data are available, unless there is submitted a justification in advance that a different level
of the importation is necessary to prevent or counteract a serious injury.
2. In the case when the quota is distributed among exporting countries, its volume for every
country may be determined in consultation with countries having a substantial interest in supplying
goods covered by safeguard measures into the Polish customs territory.
3. If the agreement mentioned in paragraph 2 above is not reached, the quota shall be distributed
among exporting countries proportionately to the level of imports of goods from these countries into
the Polish customs territory in the representative period, with the consideration of factors that
influence or may influence the trade in these goods.
4. In justified cases, the Minister of Economy may resign from criteria of distributing the quota
mentioned in paragraphs 2 and 3 if:
(1) as a result of procedures it was concluded that the importation from one or more
countries increased out of proportion in comparison to the whole importation of the goods into the
Polish customs territory in the previous representative period;
(2) the assumed resignation criteria take a due consideration of interests of all countries
exporting goods covered by the safeguard measures.
5. Safeguard measures imposed upon the importation of goods coming from countries that are
not members of the WTO into the Polish customs territory shall not be less restrictive than measuresimposed upon goods coming from the WTO member countries.
Article 26
Final safeguard measures may be imposed for a period not longer than 4 years, including the
period of applying provisional safeguard measures.G/SG/N/1/POL/2
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Chapter 4
Verification and review procedures
Article 27
1. If the period of applying safeguard measures exceeds 3 years, the Minister of Economy shall
carry out protective verification proceedings before the completion of a half of this period in order to
conclude whether a further application of the safeguard measures is justified.
2. The Minister of Economy shall initiate procedures mentioned in paragraph1 by means of a
decision.
3. Provisions of Chapter 3 shall be applied respectively to the safeguard verification procedures.4. Data and information referring to the period of the safeguard measures implementation shall
be utilised in the safeguard verification procedures.
5. After the completion of the procedures, the Minister of Economy shall decide:
(1) to complete safeguard verification procedures without changing the application of
safeguard measures;   or
(2) to waive the decision about implementation of final safeguard measures;  or(3) to change the decision about implementation of final safeguard measures and
accelerate the liberalisation of the implemented safeguard measures.
Article 28
1. In order to extend the duration of final safeguard measures implementation, the Minister of
Economy may institute safeguard review procedures.
2. Safeguard review procedures cannot be initiated earlier than 3 months after the date of
implementation of final safeguard measures and not later than 9 months before the date of completion
of the period of measures implementation.
3. Provisions of Chapter 3 shall be applied respectively to the safeguard review procedures.
4. Data and information referring to the period of safeguard measures implementation shall be
utilised in the safeguard review procedures.
5. Not later than within 9 months after the date of initiation of safeguard review procedures, the
Minister of Economy shall decide:
(1) to complete safeguard review procedures without extending the validity of the
decision on applying final safeguard measures,  or
(2) to change the decision on final safeguard measures implementation extending its
duration.G/SG/N/1/POL/2
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6. With the reservation of paragraph 7, the Minister of Economy may extend safeguard
measures implementation condition that it will be confirmed that a further application of safeguard
measures is necessary as a result of safeguard review procedures:
(1) to repair a serious injury caused to the domestic industry or prevent its occurrence;
and
(2) to implement the programme on adjusting the domestic industry further.
7. The implementation of safeguard measures shall not be extended if those measures were
imposed on the basis of findings indicating that an importation of goods subjected to safeguard
procedures into the Polish customs territory only threatens with a serious injury to the domestic
industry producing similar goods or directly competitive goods.
8. The total period of safeguard measures implementation mentioned in Article 26 and in the
present article cannot be longer than 8 years.
9. Safeguard measures mentioned in paragraph 5.2 cannot be more restrictive than the measures
in force during the last liberalisation period dete rmined in the decision mentioned in Article 23,
paragraphs 3 and 4. The decision mentioned in paragraph 5.2 should specify the schedule of a gradual
liberalisation of measures implemented.
Article 29
1. No safeguard measures shall be re-introduced against goods subjected to safeguard measures
already imposed during a period equal to the period of applying the safeguard measures as of the day
of expiration or waiving the decision on implementing safeguard measures.
2. Safeguard measures established for the period not longer than 6 months can be introduced
again upon the importation of the same goods on the condition that:
(1) at least one year has elapsed from the date of imposing  safeguard measures;  and(2) such safeguard measures have been applied to the goods not more than twice during
the period of 5 years directly preceding the date of a re-establishment of the measures.
Chapter 5
Provisional and final regulations
Article 30
1. Procedures initiated and not completed before the date of the present Law coming in force
shall be carried out according to regulations valid till that date.
2. Applications about initiating safeguard procedures which have not been commenced before
the date of the present Law coming in force should  be adjusted to requirements of the present Law
within 3 months from the date of the Law coming in force, otherwise the application shall not be
considered.G/SG/N/1/POL/2
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Article 31
The Law shall come in force on 1 January 1998.
President of the Republic of Poland:  A. Kwaśniewski
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