Source: EURLEX
Language: en
Format: md

31 . 12 . 93 Official Journal of the European Communities No L 348 / 173

FINAL ACT

The plenipotentiaries of :

THE KINGDOM OF BELGIUM,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

IRELAND,

THE ITALIAN REPUBLIC,

THE GRAND DUCHY OF LUXEMBOURG,

THE KINGDOM OF THE NETHERLANDS,

THE PORTUGUESE REPUBLIC,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

Contracting Parties to the Treaty establishing the EUROPEAN ECONOMIC COMMUNITY, the
Treaty establishing the EUROPEAN COAL AND STEEL COMMUNITY and the Treaty estab ­

lishing the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as ' Member
States ', and of the EUROPEAN ECONOMIC COMMUNITY, the EUROPEAN COAL AND
STEEL COMMUNITY and the EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter
referred to as ' the Comunity ',

of the one part, and

the plenipotentiaries of the REPUBLIC OF POLAND, hereinafter referred to as ' Poland ',

of the other part,

meeting at Brussels, this sixteenth day of December in the year one thousand nine hundred and
ninety-one for the signature of the Europe Agreement establishing an association between the
European Communities and their Member States, of the one part, and the Republic of Poland,
of the other part (' the Europe Agreement '), have adopted the following texts :

the Europe Agreement, and the following Protocols :

Protocol 1 on textile and clothing products

Protocol 2 on products covered by the Treaty establishing the European Coal and Steel
Community

Protocol 3 on trade arrangements for processed agricultural products

Protocol 4 on rules of origin

Protocol 5 on specific provisions concerning trade between Poland and Spain and
Portugal

Protocol 6 on mutual assistance in customs matters

Protocol 7 on concessions with annual limits .

No L 348 / 174 Official Journal of the European Communities 31 . 12 . 93

The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of
Poland have adopted the texts of the joint declarations listed below and annexed to this Final
Act :

joint declaration on Article 7 ( 4 ) of the Agreement

joint declaration on Article 37 ( 1 ) of the Agreement

joint declaration on Article 37 of the Agreement

joint declaration on Article 38 of the Agreement

joint declaration on Chapter II of Title IV of the Agreement

joint declaration on Article 47 of the Agreement

joint declaration on Chapter III of Title IV of the Agreement

joint declaration on Article 56 ( 3 ) of the Agreement

joint declaration on Article 58 of the Agreement

joint declaration on Article 59 of the Agreement

joint declaration on Article 63 of the Agreement

joint declaration on Article 63 ( 2 ) of the Agreement

joint declaration on Article 66 of the Agreement

joint declaration concerning certain surveillance mechanisms in the fruit and vegetable
sectors in relation to Annexes VHIb and Xc

joint declaration on Article 5 of Protocol 6 to the Agreement .

The plenipotentiaries of the Member States and of the Community and the plenipotentiaries of

Poland have also taken note of the following exchanges of letters annexed to this Final Act :

Agreement in the form of an exchange of letters concerning certain arrangements in the
pig and poultry sectors

Agreement in the form of an exchange of letters concerning Article 67 of the Agreement .

The plenipotentiaries of Poland have taken note of the declarations listed below and annexed
to this Final Act :

Community declaration on Chapter I of Title IV of the Agreement

Community declaration on Article 8 ( 4 ) of Protocol 2 on ECSC products .

The plenipotentiaries of the Member States and of the Community have taken note of the
declarations listed below and annexed to this Final Act :

Declaration by Poland concerning Article 63 of the Agreement

Declaration by Poland concerning agricultural products

Letter from the Government of Poland concerning Protocol 2 of the Agreement .

31 . 12 . 93 Official Journal of the European Communities No L 348 / 175

Hecho en Bruselas, el dieciséis de diciembre de mil novecientos noventa y uno .

Udfærdiget i Bruxelles, den sekstende december nitten hundrede og enoghalvfems .

Geschehen zu Brüssel am sechzehnten Dezember neunzehnhunderteinundneunzig .

Έγινε στις Βρυξέλλες, στις δέκα έξι Δεκεμβρίου χίλια εννιακόσια ενενήντα ένα .

Done at Brussels on the sixteenth day of December in the year one thousand nine hundred and
ninety-one .

Fait à Bruxelles, le seize décembre mil neuf cent quatre-vingt-onze .

Fatto a Bruxelles, addì sedici dicembre millenovecentonovantuno .

Gedaan te Brussel, de zestiende december negentienhonderd eenennegentig .

Feito em Bruxelas, em dezasseis de Dezembro de mil novecentos e noventa e um .

Sporz^dzono w Brukseli dnia szesnastego grudnia roku tysi^c dziewiçcset dziewiçcdziesi^tego
pierwszego .

No L 348 / 176 Official Journal of the European Communities 31 . 12 . 93

Pour le royaume de Belgique

Voor het Koninkrijk België

På Kongeriget Danmarks vegne

Für die Bundesrepublik Deutschland

Για την Ελληνική Δημοκρατία

Por el Reino de España

31 . 12 . 93 Official Journal of the European Communities No L 348 / 177

Pour la République française

For Ireland

Thar cheann Na hEireann

Per la Repubblica italiana

/n

Pour le Grand-Duché de Luxembourg
# 1

Voor het Koninkrijk der Nederlanden

No L 348 / 178 Official Journal of the European Communities 31 . 12 . 93

Pela República Portuguesa

For the United Kingdom of Great Britain and Northern Ireland

Por el Consejo y la Comisión de las Comunidades Europeas

For Rådet og Kommissionen for De Europæiske Fællesskaber

Für den Rat und die Kommission der Europäischen Gemeinschaften

Για το Συμβούλιο και την Επιτροπή των Ευρωπαϊκών Κοινοτήτων

For the Council and the Commission of the European Communities

Pour le Conseil et la Commission des Communautés européennes

Per il Consiglio e la Commissione delle Comunità europee

Voor de Raad en de Commissie van de Europese Gemeenschappen

Pelo Conselho e pela Comissão das Comunidades Europeias

Za Rzeczpospolit ^ Polsk ^

31 . 12 . 93 Official Journal of the European Communities No L 348 / 179

JOINT DECLARATIONS

1 . Article 7 ( 4 )

The Community and Poland confirm that where a reduction of duties is effected by way of

a suspension of duties made for a particular period of time, such reduced duties shall
replace the basic duties only for the period of such suspension, and that whenever a partial
suspension of duties is made, the preferential margin between the Parties will be preserved .

2 . Article 37(1 )

It is understood that the concept ' conditions and modalities applicable in each Member
State ' includes Community rules where appropriate .

3 . Article 37

It is understood that the notion ' children ' is defined in accordance with national legislation
of the host country concerned .

4 . Article 38

It is understood that the notion ' members of their family ' is defined in accordance with the
national legislation of the host country concerned .

5 . Chapter II of Title IV

Without prejudice to the provisions of Chapter IV of Title IV, the Parties agree that
treatment of the nationals or companies of one Party shall be considered to be less
favourable than that accorded to those of the other Party if such treatment is either
formally or de facto less favourable than the treatment accorded to those of the other
Party .

6 . Article 47

The Parties agree that the particular rules referred to in Article 47 may, inter alia, be aimed

at the protection of creditors and business partners .

7 . Chapter III of Title IV

The Parties shall endeavour to achieve a mutually satisfactory result in the framework of
the current negotiations on services taking place in the Uruguay Round .

8 . Article 56 ( 3 )

The Parties declare that the Agreements referred to in Article 56 ( 3 ) should aim at the

highest possible extension of the transport regulations and policies applicable in the
Community and in the Member States to the relations between the Community and Poland
in the field of transport .

9 . Article 58

The sole fact of requiring a visa for natural persons of certain Parties and not for those of
others shall not be regarded as nullifying or impairing benefits under a specific
commitment .

10 . Article 59

Whenever the Association Council is called upon to take measures for further liberalization
in the areas of services or persons, it shall also determine for which transactions related to
such measures payments are to be authorized in freely convertible currency .

No L 348 / 180 Official Journal of the European Communities 31 . 12 . 93

1 1 . Article 63

1 . The Association Council shall establish appropriate measures to ensure that all
agreements covered by Article 63 ( 1 ) of the Agreement and affecting trade between the
Contracting Parties and which were concluded before the entry into force of the
Agreement will be dealt with in a manner similar to what is provided in Article 7 of

Council Regulation ( EEC ) No 17 / 62 .

2 . The Parties shall not make improper use of provisions on professional secrecy to
prevent the disclosure of information in the field of competition .

3 . Parties may request the Association Council at a later stage, and after the adoption of
the implementing rules referred to in Article 63 ( 3 ), to examine to what extent and under
which conditions certain competition rules may be directly applicable, taking into account
the progress made in the integration process between the Community and Poland .

12 . Article 63 ( 2 )

When applying the criteria arising from the application of the rules of Article 85, 86 and
92 of the Treaty, the notion of affectation of trade between Member States defined in such
articles shall be replaced by the notion of affectation of trade between the Community and
Poland .

13 . Article 66

The Parties agree that for the purpose of this Association Agreement ' intellectual,
industrial and commercial property          - is to be given a similar meaning as in Article 36 of the
EEC Treaty and includes in particular protection of copyright and neighbouring rights,
patents, industrial designs, trade marks and service marks, topographies of integrated
circuits, software, geographical indications, as well as protection against unfair competition
and protection of undisclosed information on know-how .

14 . Annexes Vfflb and Xc

Surveillance mechanisms in the form of export certificates for fruit and vegetable products
listed in Annexes VHIb and Xc of this Agreement shall be introduced by Poland for the
purpose of monitoring exports of these products to the Community and avoiding undue
distortion of the Community market . The surveillance mechanisms shall be introduced at
the latest from 1 June 1992 .

The modalities for the monitoring of trade in these products, including the modalities for

exchange of information, shall be established by Poland in cooperation with the competent
services of the Community .

15 . Article 5 of Protocol 6

The Contracting Parties stress that the reference which is made in this Article to their own
legislation may cover, where appropriate, any international commitment they could have
contracted, such as the Convention on the service abroad of judicial and extra-judicial
documents in civil or commercial matters, concluded in The Hague on 15 November 1965 .

31 . 12 . 93 Official Journal of the European Communities No L 348 / 181

AGREEMENT

in the form of an exchange of letters between the European Economic Community and Poland

concerning certain arrangements in the pig and poultry sectors

Letter No 1

Brussels,

Sir,

I have the honour to refer to the discussions concerning trade arrangements for certain agri ­
cultural products between the Community and the Republic of Poland which have taken place
in the framework of the negotiations of the Europe Agreement .

I hereby confirm that in case the Community intends to apply supplementary levies in the pig
and poultry sector on products listed in Annexes Villa and Xb of the Europe Agreement,
originating in Poland, it will notify the Polish authorities . The Parties shall carry out consul ­
tations within three working days in order to exchange all relevant information which may
allow the Community to examine the necessity of introducing such measures .

I should be obliged if you would confirm that the Government of the Republic of Poland is in
agreement with the contents of this letter .

Accept, Sir, the assurance of my highest consideration .

On behalf of the Council

of the European Communities

Letter No 2

Brussels,

Sir,

I have the honour to acknowledge receipt of your letter of today 's date which reads as follows :

'I have the honour to refer to the discussions concerning trade arrangements for certain
agricultural products between the Community and the Republic of Poland which have
taken place in the framework of the negotiations of the Europe Agreement .

I hereby confirm that in case the Community intends to apply supplementary levies in the
pig and poultry sector on products listed in Annexes Villa and Xb of the Europe
Agreement, originating in Poland, it will notify the Polish authorities . The Parties shall
carry out consultations within three working days in order to exchange all relevant infor ­
mation which may allow the Community to examine the necessity of introducing such

measures .

I should be obliged if you would confirm that the Government of the Republic of Poland
is in agreement with the contents of this letter .'

I have the honour to confirm that my Government is in agreement with the contents of this
letter .

Accept, Sir, the assurance of my highest consideration .

For the Government

of the Republic of Poland

No L 348 / 182 Official Journal of the European Communities 31 . 12 . 93

AGREEMENT

in the form of an exchange of letters between the European Economic Community and Poland

concerning Article 67

A. Letter from the Community

Sir,

I have the honour to refer to the discussions concerning Article 67 of the Europe Agreement .

I hereby confirm that with regard to the provisions of Article 67 of the Europe Agreement, the
access to contract award procedures in Poland granted to Community companies upon entry
into force of the Agreement pursuant to Article 67 shall apply to Community companies estab ­
lished in Poland in the form of subsidiaries as described in Article 44 and in the forms
described in Article 54 . Notwithstanding the provisions of Article 67, Community companies
established in Poland in the form of branches and agencies as described in Article 44 shall have
access to contract award procedures in Poland at the latest by the end of the transitional period
referred to in Article 6 .

I should be obliged if you would confirm that the Government of the Republic of Poland is in
agreement with the contents of this letter .

Accept, Sir, the assurance of my highest consideration .

On behalf of the Community

B. Letter from Poland

Sir,

I have the honour to acknowledge receipt of your letter of today 's date which reads as follows :

'I have the honour to refer to the discussions concerning Article 67 of the Europe
Agreement .

I hereby confirm that with regard to the provisions of Article 67 of the Europe
Agreement, the access to contract award procedures in Poland granted to Community
companies upon entry force of the Agreement pursuant to Article 67 shall apply to
Community companies established in Poland in the form of subsidiaries as described in
Article 44 and in the forms described in Article 54 . Notwithstanding the provisions of
Article 67, Community companies established in Poland in the form of branches and

agencies as described in Article 44 shall have access to contract award procedures in
Poland at the latest by the end of the transitional period referred to in Article 6 .

I should be obliged if you would confirm that the Government of the Republic of Poland
is in agreement with the contents of this letter .'

I have the honour to confirm that my Government is in agreement with the contents of this
letter .

Accept, Sir, the assurance of my highest consideration .

For the Government of Poland

31 . 12 . 93 Official Journal of the European Communities No L 348 / 183

Declarations by the European Community

1 . Chapter I of Title IV

The Community declares that nothing in the provisions of Chapter I ' Movement of workers '
shall be construed as impairing any competence of Member States as to the entry into and
stay on their territories of workers and their family members .

2 . Article 8 ( 4 ) of Protocol 2 on ECSC products

It is understood that the possibility of an exceptional extension of the five-year period is
strictly limited to the particular case of Poland and does not impair the position of the
Community in relation to other cases nor prejudge international commitments . The possible
derogation provided for in paragraph 4 takes into account the particular difficulties of
Poland in restructuring the steel sector and the fact that this process has been launched very
recently .

Declarations by Poland

1 . Article 33

Notwithstanding the provisions of Article 63 the rights of the Parties under the Agreement
on Interpretation and Application of Articles VI, XVI and XXIII of the General Agreement
on Tariffs and Trade are not impaired .

2 . Agricultural products

Poland expresses its strong belief that the Community will take effective precautions to
ensure that its agricultural export subsidies do not displace shipments from Poland to third
countries .

These precautions should be reviewed by the Association Council .

Letter from the Polish Government to the Community concerning Protocol 2

The Government of Poland declares that it will not invoke the provisions of Protocol 2 on
ECSC products, in particular Article 8, so as not to call into question the compatibility with
this Protocol of the agreements made by the Community coal industry with the electricity
companies and the steel industry to secure the sale of Community coal .