RESTRICTEDWORLD TRADE
ORGANIZATIONTN/S/O/POL
25 April 2003
(03-2220)
Council for Trade in Services
Special SessionOriginal:  English
COMMUNICATION FROM POLAND
Initial services offer
The following initial offer has been received from the delegation of Poland on 22 April with
the request that it be circulated to Members of the Council for Trade in Services.
_______________
This text is conditional.
Poland reserves the right to modify or withdraw it in whole or in part at any time during the
services negotiations.TN/S/O/POL
Page 2POLAND – LIST OF SPECIFIC COMMITMENTS
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 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) All sectors except for legal services : The
establishment by foreign service suppliersmay only take the form of limited
partnership , 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  (a
natural or legal person)  requires permission
2) Acquisition of real estate, direct and indirect,
by foreigners and foreign legal persons  (a
natural or legal person)  requires permission
3) Acquisition of real estate, direct and indirect,
by foreigners and foreign legal persons  (a
natural or legal person)  requires permission
All sectors except for insurance and
banking services:  Unbound with respect to
branches and representative offices.Treatment accorded to subsidiaries (of third
country companies) formed in accordance with
the law of Poland and h aving their registered
office, central administration or principal place ofbusiness within Poland is not extended to branchesestablished in Poland by a third-country company.
                                                     
1   There is non-discriminatory system of foreign exchange controls relating to limitations in foreign exchange turnover and to system of foreign exchange
permits (general and individual) among others limitations of capital flows and currency payments.  The following foreign exchan ge transactions require 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 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 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.TN/S/O/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 Limitat ions on  National Treatment Additional Commitments
Foreign services suppliers may set up
representative offices wi th their seat in the
Republic of Poland. The scope of action of arepresentative office may only encompass
conducting activity to advertise and promote
the foreign services suppliers.
Unbound in relation to acquisition of state-
owned property, i.e. the regulations governing
the privatization process.
Authorization of the establishment of a
company with foreign equity is required in the
case of:
-       establishment of company, purchase or
acquiring of shares or stocks in an existing
company; extending of the activity of the
company 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.TN/S/O/POL
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
-      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 con tract, 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 least
one year.4) Acquisition of real estate, direct and indirect,
by foreigners and foreign legal persons  (a
natural or legal person)  requires permission
All measures listed below also limit national
treatment:
Unbound except for measures concerning the
entry into and temporary stay within
Poland of the following categories of naturalpersons providing services:TN/S/O/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 Limitat ions on  National Treatment Additional Commitments
i)  the temporary presen ce, as intra-corporate
transferee, defined as a natural personworking within a legal person, other than anon-profit making organization, established
in the territory of a WTO Member, and
being temporarily transferred in thecontext of the provision of a servicethrough commercial presence in theterritory of Poland. The legal persons
concerned must have their principal place
of business in the territory of a WTOMember other than Poland and thetransfer must be to an establishment(office, branch or subsidiary) of that legalperson, effectively providing like services in
the territory of Poland.
Work permits are issued exclusively for the
definite period - up to one year, with apossibility of extension - to a given foreignerworking at a specified employer. Market testrequirement.
Such temporary presence is allowed in thefollowing categories, provided that theservice supplier is a legal person and thatthe persons concerned have been employed
by it or have been pa rtners in it (other than
as majority shareholders) for at least one
year immediately preceding such
movement:
a) persons working in a senior position within
a legal person, who primarily direct themanagement of the establishment, receiving
general supervision or  direction principally
from the board of directors or stockholdersof the business or  their equivalent,
including:TN/S/O/POL
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
- directing the establishment or a
department or sub-division of theestablishment;
- supervising and controlling the work of
other supervisory, professional or
managerial employees;
- having the authority personally to hire and
fire or recommend hiring, firing or otherpersonnel actions.
b) persons working within a legal persons who
possess uncommon knowledge essential to
the establishment’s services, researchequipment, techniques or management. Inassessing such knowledge, account will betaken not only of knowledge specific to theestablishment but also of whether the
person has a high level of qualification
referring to a type of work or traderequiring specific t echnical knowledge,
including membership of an accreditedprofession.
ii) No restrictions on business visits, up to three
months, related to negotiating or concludingtransactions if it does not involve directprovision of services.
Unbound in relation to subsidies and other
form of public assistance.TN/S/O/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 Limitat ions on  National Treatment Additional Commitments
II. SECTOR SPECIFIC COMMITMENTS
1. BUSINESS SERVICES
A. Professional Services
a) Legal services
(CPC 861 + arbitration
and conciliation services2)1) None  Unbound for legal professionals
entrusted with public functions. This
measure also limits national treatment.
2) None  Unbound for legal professionals
entrusted with public functions. This
measure also limits national treatment.
3)Establishment subject to authorization  in the
form of registered  partnership (spó łka
jawna) and limited partnership (spó łka
komandytowa).  Nationality requirement .
Unbound for legal professionals entrusted
with public functions. The latter measurealso limits national treatment.
4) Unbound except for horizontal measures.
Nationality requirement
.
Unbound for legal professionals entrusted
with public functions. The latter  measurealso limits national treatment.1) None
2) None
3) None
4) None
                                                     
2   Provision of legal services is only authorised in the scope of giving legal advice and preparing legal opinions in respect of p ublic international law and the
law of any jurisdiction where the service supplier is qualified to practice as  a lawyer, and is subject  to licensing requiremen ts and procedures applicable in Poland.
For lawyers providing legal services in respect of pub lic international law and foreign law, these may take inter alia the form of compliance with  local codes of ethics,
use of home title (unless recognition with the host title has b een obtained), insura nce requirements and si mple registration wi th advocates’ or legal advisors’ self-
government authorities in Poland. Legal serv ices in respect of Polish law shall be ca rried out by a lawyer fully qualified in P oland and admitted to the profession of
advocate or legal advisor, acting personally. Full admission to the professions of advocate or legal advisor in Poland might th erefore be necessary for representation
before courts and other competent authorities in Poland since it involves practice of Polish procedural law. However, foreign l awyer is authorised to represent in
civil proceedings a party bein g a national or belonging to  the state in which the lawy er is entitled to practice.TN/S/O/POL
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
b) Accounting, auditing and
bookkeeping services(CPC 862)1) None
2) None3) 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 ofauditors.  Foreign auditors may practice afterconfirmation of their qualifications.1) None
2) None3) None
4) None
e) Engineering services
(CPC 8672)1) None
2) None3) None
4) Unbound except for horizontal measures1) None
2) None3) None4) None
h) Private medical and dental
services (CPC 9312
excluding services providedby 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 the 
permission.
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) NoneTN/S/O/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 Limitat ions on  National Treatment Additional Commitments
j)  Services provided by
midwives, nurses in privateestablishments(CPC 93191** 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) None
B. Computer and Related
Services
Computer and related
services (CPC 841, 842,
843 and 844)1) None
2) None
3) None4) Unbound except for horizontal measures1) None
2) None
3) None4) None
F. Other Business Services
a) Advertising (CPC 871
excluding advertising oftobacco products, alcoholicbeverages,pharmaceuticals)1) Unbound
2) None3) None4) Unbound except for horizontal measures1) Unbound
2) None3) None4) None
c) Management consulting
services (CPC 865)1) None
2) None3) None4) Unbound except for horizontal measures1) None
2) None3) None4) None
f) Services incidental to
agriculture, hunting andforestry (CPC 881)1) None
2) None3) None4) Unbound except for horizontal measures1) None
2) None3) None4) NoneTN/S/O/POL
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
h) Services incidental to
mining and oil-field(CPC 883 excludingexploitation of 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) None
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 sworn
interpreters (CPC 87905**)1) None
2) None3) None
4) Unbound except for horizontal measures1) None
2) None3) None
4) NoneTN/S/O/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 Limitat ions on  National Treatment Additional Commitments
2. COMMUNICATION
SERVICES
B. Courier Services
- Courier services excluding
written correspondence
e.g. letters (CPC 7512)1) None
2) None
3) None4) Unbound except for horizontal measures1) None
2) None
3) None4) None
C. Telecommunication
Services (excluding
broadcasting)3
Other telecommunicationservices including valueadded services (CPC7522**, 7523**)1) Use of the public network, or the network of
other authorized operator, required in the case
of cross-border provision of these services1) Only Polish companies with no foreign equity
may be permitted to use equipment, lines, andnetworks directly linked to equipment, lines and
networks located abroad
2) Use of the public network, or the network of
other authorized operator, required in the case
of cross-border consumption of these services2) Only Polish companies with no foreign equity
may be permitted to use equipment, lines, andnetworks directly linked to equipment, lines and
networks located abroad
3) Provision of VAN services within Poland
requires the usage of authorised networks4.
Foreign equity in inter-town lines not higherthan 49 per cent. No equity threshold for localoperators. Use of the public network, or thenetwork of other authorized operator,required in the case of cross-border provisionof these services by the service providers
established in Poland.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) Unbound except for horizontal measures 4) None
                                                     
3 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.
4 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).TN/S/O/POL
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
All sub-sectors Modes 1),2),3),4)
The installation and usage oftelecommunications equipment and networksand the provision of telecommunicationservices requires a licence or permission, withthe exception of cases specified by theMinister of Communications in his /her
ordinance.
The licences and permissions are available
only for the entities registered in Poland.
The requirement to obtain licences and
permission does not concern the nationaloperator: 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.Modes 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 andsupervising body.As annexed
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 thelimitation of foreign capital and voting rightsis 49%.
Number of licences and permissions can be
subject to the publicly available licensing
criteria.TN/S/O/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 Limitat ions on  National Treatment Additional Commitments
2.C.:
(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;
International, long distance,
local,
- public and non-public,
- facilities-based and on
resale-base,
- wire-based and radio-based1) 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
31 Dec. 2002,
- domestic telex and telegraph services and
networks until 31 Dec. 1999,
(b) territorial area of the licences and permissionsfor the  local public  voice telephone servicesand networks can be subject to the publiclyavailable licensing criteria.
4) Unbound except for horizontal measures1) None
2) None3) None
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.TN/S/O/POL
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
- public cellular mobile
telephone services andnetworks,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.
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
such connections in the limited period of time
until 31 Dec. 2002.
4) Unbound except for horizontal measures.1) None
2) None
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 measures1),2),3) None
4) Unbound except for horizontal measures
- 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 n on-public telephone networks exceeding the
geographic area ( voivodship) are obliged to apply in their networks switching devices and interexchange teletransmission equipment belonging to three
telecommunications systems selected by means of decision of the 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 limitation 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.TN/S/O/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 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) None3) None4) Unbound except for horizontal measures.1) Unbound*
2) None3) None4) Unbound except for horizontal measures
 
4. DISTRIBUTION
SERVICES
B. Whole Trade Services
- Wholesale trade within
Poland (CPC 622 excluding
62226, 62228, 62251,62252)1) None
2) None
3) Licensing of establishment of companies in
the area of wholesale trade in importedconsumer goods.
4) Unbound except for horizontal measures1) None
2) None
3) None
4) None
C.  Retail Services
- Retail trade within Poland
(CPC 631, 632 excluding63107, 63108, 63211)1) Unbound
2) None3) None4) Unbound except for horizontal measures1) Unbound
2) None3) None4) None
                                                     
 * Unbound due to lack of technical feasibility.TN/S/O/POL
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
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 educationalservices supplied abroad
3) None
4) Unbound except for horizontal measures1) None
2) None
3) None
4) None
6. ENVIRONMENTAL
SERVICES
D. Other
Monitoring of environment.Consultancy related to theenvironmental protection.Cleaning of exhaust gases.Noise abatement.
(CPC 9404**, 9405**)1) None
2) None3) None4) Unbound except for horizontal measures1) None
2) None3) None4) None
7. FINANCIAL SERVICES5
A. All insurance and
insurance related services1) Unbound except for the 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%.  Unbound except for the reinsurance,
the retrocession and insurance of goods in
international trade.1) Unbound except for the reinsurance and the
retrocession.   Unbound except for the
reinsurance, the retrocession and insurance
of goods in international trade.
                                                     
5 Prudential regulations in the financial sector 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 Financial Servic es, paragraph 2 – Domestic Regulation, sub-
paragraph 1.TN/S/O/POL
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
- Insurance and related
services:
- Direct insurance
(including coinsurance):2) Unbound except for the 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%.  Unbound except for the reinsurance,
the retrocession and insurance of goods in
international trade.2) Unbound except for the reinsurance and the
retrocession.   Unbound except for the
reinsurance, the retrocession and insurance
of goods in international trade.
- life;
-n o n - l i f e .
- Reinsurance and
retrocession
- brokerage  Insurance
intermediation
(CPC 812** except
81212, 81299;  81401 **,
81402**)3) Establishment only in a form 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.   Establishment
only in a form of joint stock company
after obtaining a licence - except for
insurance intermediation services wherehorizontal measures apply. After 1January 1999 or the date of entry intoforce of the Fifth Protocol, whichever islater, market acce ss through licensed
branches will be allowed.  A permit is
required for the acquisition of shares orrights resulting from shares of any companywhich is shareholder of at least 15% ofshares of insurance company - this
requirement ceases to apply as of
1 January 1999 or the date of entry intoforce of the Fifth Protocol, whichever is
later.  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) NoneTN/S/O/POL
Page 18Modes 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
No more than 5% of insurance funds can
be invested abroad. A person executing
activities of the in surance intermediation
must possess a licence. Local incorporation
required for insurance intermediaries.
4) Unbound except for horizontal measures.
Residency requirement for insurance brokers
and agents  intermediaries.4) None
B. Banking and Other
Financial Services
Banking services:
- Acceptance of deposits
and other repayable funds(CPC 81115-81119)
-- Lending of all types (CPC
8113)
- All payment and money
transmission services(CPC 81339**)
- Guarantees and
commitments (excludingguarantees andcommitments 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 inrelation to establishment of all banks based onprudential grounds. After 1 January 1999 or
the date of entry into force of the Fifth
Protocol, whichever is later, market access
through licensed branches will be allowed.
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) NoneTN/S/O/POL
Page 19Modes 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 of
all kinds of securities(excluding treasury bonds
papers ), including
underwriting andplacement as agent(whether publicly orprivately) and provision ofservices related to such
issues1) Unbound
2) Unbound3) Establishment , after obtaining a licence,
only in a form of joint stock company or a
branch of foreign legal entity providing
securities services. Residency requirement
for brokers and securities advisors.
4) Unbound except for horizontal measures.
Residency requirement for brokers and
securities advisors.1) Unbound2) Unbound3) None
4) None
- In relation to transferable
securities trading for ownaccount or for account ofcustomers, whether on anexchange, or in anover-the-counter market orotherwise (CPC 8132**except 81329)
-  Mutual funds services
Asset management
services  (CPC 81323**)
- Advisory and other
auxiliary services tofinancial services includedinto this schedule(CPC 8133** except81333, 81339)TN/S/O/POL
Page 20Modes 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
- Provision and transfer of
financial information, andfinancial data processingand related software bysuppliers of other
financial services.1) Requirement to use the public
telecommunication network, or the networkof other authorised operator, in the case ofcross-border provision of these services.
2) Requirement to use the public
telecommunication network, or the networkof other authorised operator, in the case of
consumption abroad of these services.1) None
2) None
3) Requirement to use the public
telecommunication network or the networkof other authorised operator in the case ofcross-border provision and/or consumptionof these services.
4) Unbound except for horizontal measures.3) None
4) None
Note: Above commitments in a financial servic es sector are made in accordance with V Pr otocol to GATS which has already been ra tified by the President of the
Republic of Poland.
8. HEALTH RELATED AND
SOCIAL SERVICES
A. Hospital Services
Private hospital and
sanatorium services (CPC9311 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 medicaldoctor. All the limitations pertaining tomedical, and dental services, as well asservices 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. 
                                                     
* Unbound due to lack of technical feasibility.TN/S/O/POL
Page 21Modes 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
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
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 required
3) None4) Unbound except for horizontal measures1) Commercial presence required
2) Commercial presence required
3) None4) None
11. TRANSPORT SERVICES
A. Maritime Transport
Services
International Transport
(freight and passenger)CPC 7211 and 7212 less
cabotage transport (as
defined below – 1)1) (a) Liner Shipping: unbound
(b) Bulk, tramp, and other internationalshipping, including passengertransportation: none1) (a) None
(b) NoneThe following services at
the port are madeavailable to international
maritime transport
suppliers on reasonableand non discriminatoryterms and conditions .1. Pilotage
2. Towing and tug
assistanceTN/S/O/POL
Page 22Modes 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) None
3) (a) Establishment of registered  company for
the purpose of operati ng a fleet under the
national flag of Poland: unbound
    (b) Other forms of commercial presence for
the supply of international maritime
transport services (as defined below – 2):none
4)  (a) Ships’ crews: unbound     (b) Key personnel employed in relation to a
commercial presence as defined under
mode 3b) above: unbound except asindicated in the ho rizontal section2) None
3) (a) Unbound
(b) None
4)  (a) Unbound
(b) Unbound except as indicated in thehorizontal section3. Provisioning, fuelling
and watering4. Garbage collectingand ballast waste
disposal
5. Port Captain’sservices6. Navigation aids7. Shore-based
operational services
essential to shipoperations, includingcommunications, waterand electrical supplies8. Emergency repair
facilities
9. Anchorage, berth andberthing services10. Storage andwarehousing services
C. Airline Transport Services
c) Rental of aircraft with crew
(CPC 734)1) None
2) None3) None4) Unbound except for horizontal measures1) None
2) None3) None4) None
d) Maintenance and repair of
aircraft (CPC 8868**)1) None
2) None3) None4) Unbound except for horizontal measures1) None
2) None3) None4) NoneTN/S/O/POL
Page 23
ANNEX 1
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.TN/S/O/POL
Page 24
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 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 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.
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 areTN/S/O/POL
Page 25
administered in a transparent, non-discriminatory 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
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.
_______________TN/S/O/POL
Page 26
ANNEX 2
The Republic of Poland
NOTES TO THE SECTION ON INTERNATIONAL MARITIME TRANSPORT SERVICES
DEFINITIONS
1. Without prejudice to the scope of activiti es which may be considered as « cabotage »
under the relevant national legislation, this schedule does not include « maritime cabotage services
», which are assumed to cover transportation of  passengers or goods between a port located in
Poland and another  port located in Poland,  and transportation of passengers or goods between a
port located in Poland and installations or structur es situated on the cont inental shelf of  Poland.
2. « Other forms of commercial presence for the supply of international maritime transport
services » means the ability fo r international maritime transport service suppliers of other
Members to undertake locally all activities which are necessary for the supply to their customersof a partially or fully integrated transport servi ce, within which the maritime transport constitutes
a substantial element. (This commitment shall however not be construed as limiting in any
manner the commitments undertaken under the cross-border mode of delivery).
These activities include, but are not limited to:
(a) marketing and sales of maritime transport and related services th rough direct contact
with customers, from quotation to  invoicing, these services being those operated or offered by the
service supplier itself or by service suppliers with which the service seller has established standing
business arrangements;
(b) the acquisition, on their own account or on  behalf or their customers (and the resale to
their customers) of any transport and related services, including in ward transport services by any
mode, particularly inland waterways, road and ra il, necessary for the supply of the integrated
services;(c) the preparation of documentation concern ing transport document s, customs documents,
or other documents related to the origin  and character of the goods transported;
(d) the provision of business information by any means, including computerised information
systems and electronic data interchange (s ubject to the provisions of the annex on
telecommunications);(e) the setting up of any business arrangements (including participation in the stock of a
company) and the appointment of personnel recruited locally (or, in the case  of foreign personnel,
subject to the horizontal commitment on movement of personnel) with any locally established
shipping agency;
(f) acting on behalf of the companies, organisin g the call of the ship or taking over cargoes
when required.TN/S/O/POL
Page 27POLAND – 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 investmentagreement;
that go beyond
limitations embodied in
Poland's schedule of
specific commitmentsAll countries Indeterminate Reciprocal provisions of existing and
future agreements
All sectors Poland accepts compulsory
arbitration of investor/stateinvestment disputes brought by
or in respect of service suppliers
of countries with which Polandhas or may have agreementsproviding for such procedureAll countries Indeterminate Promotion and protection of foreign
investment
All passenger and freight
transport services
excluding maritimetransportReciprocity requirement
concerning supply of transport
services by suppliers ofcountries concerned - in, intoand across the territory of suchcountriesAll countries Indefinite System of reciprocal agreements -
existing and future - on transport
cooperation (or of similar character)and promotion and protection offoreign investments, implementing -among others - transportation quotasresulting from bilaterally agreed
system of permitsTN/S/O/POL
Page 28
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 objectivesTN/S/O/POL
Page 29Sector 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
__________