CELEX: 21989A1122(01)
Language: en
Date: 1989-10-30 00:00:00
Title: Agreement between the European Economic Community and the Polish People's Republic on trade and commercial and economic cooperation

Avis juridique important

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21989A1122(01)

Agreement between the European Economic Community and the Polish People's Republic on trade and commercial and economic cooperation  

Official Journal L 339 , 22/11/1989 P. 0002

AGREEMENTbetween the European Economic  Community and the Polish People's Republic on trade andcommercial and economic cooperation THE EUROPEAN ECONOMIC COMMUNITY, hereinafter called 'the Community', of the one part, andTHE POLISH PEOPLE'S REPUBLIC, hereinafter called 'Poland', of the other part, CONSIDERING the importance in the European context of the traditional links between the Community  and Poland, TAKING INTO ACCOUNT the favourable implications for trade and economic relations between the  Contracting Parties of their respective economic situations and policies, DESIROUS of creating favourable conditions for the harmonious development and diversification of  trade and the promotion of commercial and economic cooperation on the basis of equality,  non-discrimination, mutual benefit and reciprocity, HAVING regard to the particular importance of foreign trade and other forms of international  economic cooperation as factors of economic and social development and as sources of appropriate  financial resources, HAVING REGARD to the importance of giving full effect to the Final Act of the Conference on  Security and Cooperation in Europe, the Concluding Document of the Madrid meeting and in particular  the Concluding Document of the Vienna meeting, REAFFIRMING the commitment of the Contracting Parties to the General Agreement on Tariffs and Trade  and the undertakings they have given in this context, RECALLING the status of Poland at the International Monetary Fund and the World Bank, BELIEVING that a further impetus should be given to the trading and economic relationship between  the Community and Poland, RECOGNIZING that the Community and Poland desire to establish wider-ranging and closer contractual  links that permit further development at a later stage, HAVE DECIDED to conclude this Agreement and to this end have designated as their  Plenipotentiaries: THE EUROPEAN ECONOMIC COMMUNITY: Roland DUMAS, Ministre d'État, Minister for Foreign Affairs of the French Republic, President-in-Office of the Council of the European CommunitiesFrans ANDRIESSEN, Vice-President of the Commission of the European CommunitiesTHE POLISH PEOPLE'S REPUBLIC: Krzysztof SKUBISZEWSKI, Minister for Foreign AffairsMarcin ´SWIE,CICKI, Minister for External Economic CooperationWHO, having exchanged their full powers, found in good  and due form, HAVE AGREED AS FOLLOWS: Article 1The two Parties undertake to facilitate and promote trade and economic  cooperation with each other. TITLE ITrade and commercial cooperationArticle 2The Contracting Parties reaffirm their  commitment to accord each other most-favoured nation treatment in accordance with the General  Agreement on Tariffs and Trade (GATT) and the Protocol for the accession of Poland thereto. Article 31.  This Agreement shall apply to trade in all products originating in the Community or  in Poland with the exception of the products covered by the Treaty establishing the European Coal  and Steel Community. 2.  Unless otherwise specified in this Agreement, trade and other commercial cooperation between  the Contracting Parties shall be conducted in accordance with their respective regulations. Article 41.  This Agreement shall not affect the provisions of the existing Agreements concerning  trade in textile products between the Community and Poland, nor of any agreements subsequently  concluded in the same field. Furthermore, should the Community invoke paragraph 24of the Protocol extending the Arrangement  regarding International Trade in Textiles of 31 July 1986, the provisions of the said Arrangement  shall apply to the products in question. Not later than six months before the expiry of the Agreements concerning trade in textile products  referred to above, the Contracting Parties shall consult each other with a view to determining the  arrangements to be applied to trade in textile products after the expiry of the said Agreements. 2.  This Agreement shall not affect specific agreementsor arrangements covering agricultural  products in force between the Contracting Parties, or any successor agreements or arrangements. Article 51.  In the framework of their respective laws and regulations, the Contracting Parties  shall adopt appropriate measures to attain the objectives of this Agreement. 2.  To that end, they confirm their resolve to consider favourably, each for its own part,  suggestions made by the other party with a view to attaining the said objectives. Article 6Each Contracting Party shall accord the highest degree of liberalization which they  generally apply to third countries to imports of the other's products taking into account the  provisions of the GATT and of the Protocol for the accession of Poland thereto; to this end the  Community undertakes to phase out over the initial period of application of this Agreement referred  to in Article 23 the quantitative restrictions referred to in Article 3 (a) of the Protocol for the  accession of Poland to the GATT in accordance with the provisions and in respect of the products  referred to in Articles 7 to 9 of this Agreement. Article 7The Community undertakes to eliminate by the end of the first year following the entry  into force of this Agreement at the latest the quantitative restrictions on imports into those  regions of the Community and of those products listed in Annex I. Article 81.  The Community undertakes to eliminate by 31 December 1992 at the latest the  quantitative restrictions on imports into those regions of the Community and of those products  listed in Annex II in accordance with the procedure specified therein. The list of quantitative  restrictions covered by this Article may be amended by agreement between the Parties following  consultations within the joint committee referred to in Article 20. 2.  For 1990 and each subsequent calendar year, the Community shall open import quotas for the  products listed in Annex II. Article 9The Community: - shall open, for 1990 and each subsequent calendar year, import quotas for products subject to the  quantitative restrictions listed in Annex III, - shall, subject to exceptions, progressively and regularly increase these quotas with a view to  the elimination of the quantitative restrictions in question by 31 December 1994 at the latest. Article 10The joint committee set up pursuant to Article 20 shall, during its meeting in 1994,  draw up the arrangements which shall apply for a prescribed period after 31 December 1994 to  imports of the products subject to the exceptions referred to in Article 9. Article 111.  Import quotas shall be opened in good time in order not to hinder normal trade  flows. 2.  Imports into the Community of products covered by this Agreement shall not be charged against  the quotas referred to in the preceding Articles if they are declared as being intended for  re-export and are re-exported from the Community either in the unaltered state or after inward  processing under the administrative control arrangements in force in the Community. Article 121.  The two Parties shall accord each other the agricultural trade concessions referred  to in Annex IV and Annex V in accordance with the provisions laid down in the said Annexes. 2.  Taking into account the importance of their trade in agricultural products and the implications  of multilateral negotiations in the GATT framework, the Contracting Parties shall examine in the  joint committee referred to in Article 20 the possibility of granting each other, on the basis of  Article 2, new concessions, product-by-product, on a reciprocal and harmonious basis. Article 13The Parties shall inform each other of any changes in their tariff or statistical  nomenclature or of any decision taken in accordance with the procedures in force concerning the  classification of products covered by this Agreement. Article 14Goods shall be traded between the Contracting Parties at market-related prices. Article 151.  The Contracting Parties shall consult each other if any product is being imported  in trade between the Community and Poland in such increased quantities or under such conditions as  to cause or threaten to cause serious injuryto domestic producers of like or directly competitive  products. 2.  The Contracting Party requesting the consultations shall supply the other Party with all the  information required for a detailed examination of the situation. 3.  The consultations requested pursuant to paragraph 1 shall be held with due regard for the  fundamental aims of theAgreement and shall be completed not later than 30 days from the date of  notification of the request by the Party concerned, unless the Parties agree otherwise. 4.  If, following such consultations, the Contracting Parties recognize that the situation referred  to in paragraph 1 exists, exports shall be limited or other action, which may incluce measures  relating to the price at which the exports are sold, shall be taken to prevent or repair the  injury. 5.  If, following action under paragraphs 1 to 4, the Contracting Parties do not reach Agreement,  the Party which requested the consultations shall be free to restrict imports of the products  concerned to the extend and for such time as is necessary to prevent or repair the injury. The  other Contracting Party shall then be free to deviate from its obligations towards the first Party  in respect of substantially equivalent trade. 6.  In critical circumstances, where delay would cause damage difficult to repair, interim  protective measures may be adopted, without prior consultation, provided consultations are held  immediately thereafter. 7.  In the selection of measures under this Article, the Contracting Parties shall give priority to  those which cause the least disturbance to the functioning of this Agreement. 8.  Where necessary, the Contracting Parties may hold consultations to determine when the measures  adopted pursuant to paragraphs 4, 5 and 6 shall cease to apply. 9.  If, after the procedures provided for in this Article have been exhausted, the Contracting  Parties still disagree about measures adopted pursuant to this Article, the Community and Poland  may refer the disagreement to the Contracting Parties of the GATT in accordance with Article XIX of  the GATT and Article 4 of the Protocol for the accession of Poland to the GATT. Article 161.  The Contracting Parties shall make every effort to promote, expand and diversify  their trade on a basis of non-discrimination and reciprocity. The joint committee set up by Article  20 of this Agreement shall attach special importance to ways of encouraging the reciprocal and  harmonious expansion of trade. 2.  To this end the Contracting Parties agree to ensure the publication of comprehensive data on  commercial and financial issues including production, consumption and foreign trade statistics, and  information in accordance with Article X of the GATT. 3.  The Contracting Parties agree to cooperate with aview to simplifying customs procedures and  customs documents. 4.  In furtherance of the aims of this Article, the Contracting Parties agree to maintain and  improve favourable business regulations, facilities and practices for each other's firms or  companies on their respective markets, inter alia as indicated in Annex VI. Article 17Within the limits of their respective powers, the Contracting Parties: - shall encourage the adoption of arbitration for the settlement of disputes arising out of  commercial and cooperation transactions concluded by firms, enterprises and economic organizations  of the Community and those of Poland, - agree that where a dispute is submitted to arbitration, each party to the dispute may freely  choose its own arbitrator, irrespective of his nationality, and that the presiding third arbitrator  or the sole arbitrator may be a citizen of a third State, - shall encourage recourse to the arbitration rules elaborated by the United Nations Commission on  International Trade Law (Uncitral) and to arbitration by any centre of a State signatory to the  Convention on Recognition and Enforcement of Foreign Arbitral Awards done at New York on 10 June  1958. TITLE IIEconomic cooperationArticle 181.  In the light of their respective economic policies  and objectives, the Contracting Parties shall foster economic cooperation on as broad a base as  possible in all fields deemed to be in their mutual interest. The objective of such cooperation shall be, inter alia: - to reinforce and diversify economic links between the Contracting Parties, - to contribute to the development of their respective economies and standards of living, - to open up new sources of supply and new markets, - to encourage cooperation between firms, with a view to promoting joint ventures, licensing  agreements and other forms of industrial cooperation to develop their respective industries, - to encourage scientific and technological progress, - to support structural changes in the Polish economy in order to increase and diversify trade in  goods and services with the Community. 2.  In order to achieve these objectives, the Contracting Parties shall make efforts to encourage  and promote economic cooperation, in particular in the following sectors: - industry, including petrochemicals and shipbuilding and ship repair, - agriculture, including agro-industries and agricultural machinery, - mining, - energy, - transport, tourism and other services, - telecommunications, - environmental protection and the management of natural resources, - health, including medical equipment, - scientific research in designated sectors in which the Contracting Parties are, or may be,  engaged, - vocational training and management training, inter alia in banking and insurance, - standards, - statistics. 3.  To give effect to the objectives of economic cooperation and within the limits of their  respective powers, the Contracting Parties shall encourage the adoption of measures aimed at  creating favourable conditions for economic and industrial cooperation, inter alia by: - facilitating the exchange of commercial and economic information, - developing a favourable climate for investment, joint ventures and licensing arrangements,  notably by Agreements between the Member States of the Community and Poland on investment promotion  and protection, including the transfer of profits and repatriation of capital, on the basis of the  principles of non-discrimination and reciprocity, - facilitating exchanges and contacts between persons and delegations representing commercial or  other relevant organizations, and encouraging business contacts, notably by setting up appropriate  infrastructure, - organizing seminars, fairs or exhibitions, symposia and business weeks, - promoting activities involving the provision of technical expertise in appropriate areas, - encouraging, in accordance with the respective laws and policies of the Contracting Parties,  joint research anddevelopment activities, the exchange of information and contacts between  scientists, research and educational establishments and businesses, - facilitating cooperation between businesses on the markets of third countries. Article 19Without prejudice to the relevant provisions of the Treaties establishing the European  Communities, this Agreement and any action taken under it shall in no way affect the powers of the  Member States of the Community to undertake bilateral activities with Poland in the field of  economic cooperation and to conclude, where appropriate, new economic cooperation agreements with  Poland. TITLE IIIJoint committeeArticle 201.  (a)  A joint committee shall be set up comprising  representatives of the Community, on the one hand, and representatives of Poland, on the other. (b)The joint committee shall formulate recommendations by mutual Agreement between the Contracting  Parties. (c)The joint committee shall, as necessary, adopt its own rules of procedure and programme of  work. (d)The joint committee shall meet once a year in Brussels and Warsaw alternately. Special meetings  may be convened by mutal agreement, at the request of either Contracting Party. The office of  chairman of the joint committee shall be held alternately by each of the Contracting Parties.  Wherever possible, the agenda for meetings of the joint committee shall be agreed beforehand. (e)The joint committee may set up specialized sub-committees to assist it in the performance of  its tasks. 2.  (a)  The joint committee shall ensure the proper functioning of this Agreement and shall devise  and recommend measures for achieving its objectives, keeping in view the economic and social  policies of the Contracting Parties. (b)The joint committee shall endeavour to find waysof encouraging the development of trade and  commercial and economic cooperation between the Contracting Parties. In particular, it shall: - examine the various aspects of trade between the Parties, notably its overall pattern, rate of  growth, structure and diversification, the trade balance and the various forms of trade and trade  promotion, - make recommendations on any commercial or economic cooperation problem of mutual concern, - seek appropriate means of avoiding possible difficulties in the fields of trade and cooperation  and encourage various forms of commercial and economic cooperation in areas of mutual interest, - consider measures likely to develop and diversify trade and economic cooperation, notably by  improving import opportunities in the Community and in Poland, - exchange information on macro-economic plans and forecasts for the economies of the two Parties  which have an impact on trade and cooperation and, by extension, on the scope for developing  complementarity between their respective economies and also on proposed economic development  programmes, - seek methods of arranging and encouraging the exchange of information and contacts in matters  relating to cooperation in the economic field between the Contracting Parties on a mutually  advantageous basis, and work towards the creation of favourable conditions for such cooperation, - examine favourably ways of improving conditions for the development of direct contacts between  firms established in the Community and those established in Poland, - formulate and submit to the authorities of both Contracting Parties recommendations for solving  any problems that arise, where appropriate by concluding arrangements or agreements. TITLE IVGeneral and final provisionsArticle 211.  This Agreement shall not affect or impair  the rights and obligations of the parties under the GATT and the Protocol for the accession of  Poland to the GATT. 2.  Subject to the provisions concerning economic cooperation in Article 19, the provisions of this  Agreement shall replace the provisions of the Agreements concludedbetween the Member States of the  Community and Poland to the extent to which the latter provisions are either incompatible with, or  identical to, the former. Article 22This Agreement shall apply, on the one hand, to the territories in which the Treaty  establishing the European Economic Community is applied and under the conditions laid down in that  Treaty and, on the other hand, to the territory of the Polish People's Republic. Article 23This Agreement shall enter into force on the first day of the second month following  the date on which the Contracting Parties have notified each other that the legal procedures  necessary to this end have been completed. The Agreement shall be concluded for an initial period  of five years. TheAgreement shall be automatically renewed year by yearprovided that neither  Contracting Party gives the other Party written notice of denunciation of the Agreement six months  before it expires. However, the Contracting Parties may amend this Agreement by mutual consent in order to take  account of new developments. The Annexes, the Exchange of Letters concerning the combined nomenclature and the Exchange of  Letters concerning new experimental import arrangements (Testausschreibung) attached to this  Agreement shall form an integral part thereof. Article 24This Agreement shall be drawn up in duplicate in theDanish, Dutch, English, French,  German, Greek, Italian, Portuguese, Spanish and Polish languages, each text being equally  authentic. En fe de lo cual, los plenipotenciarios abajo firmantes suscriben el presente  acuerdo. Til bekraeftelse heraf har undertegnede befuldmaegtigede underskrevet denne aftale. Zu Urkund dessen haben die unterzeichneten Bevollmaechtigten ihre Unterschriften unter dieses  Abkommen gesetzt. AAéò ðssóôùóç ôùí áíùôÝñù, ïé õðïãaaãñáììÝíïé ðëçñaaîïýóéïé Ýèaaóáí ôéò õðïãñáoeÝò ôïõò óôçí ðáñïýóá  óõìoeùíssá. In witness whereof the undersigned Plenipotentiaries have signed this Agreement. En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent  accord. In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente  accordo. Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder deze Overeenkomst  hebben gesteld. Em fé do que, os plenipotenciários abaixo assinados apuseram as suas assinaturas no final do  presente Acordo. Na dowôd czego petnomocnicy ztoz.yli swoje podpisy pod niniejsza umowa . Hecho en Varsovia, el diecinueve de septiembre de mil novecientos ochenta y nueve. Udfaerdiget i Warszawa, den nittende september nitten hundrede og niogfirs. Geschehen zu Warschau am neunzehnten September neunzehnhundertneunundachtzig. éAAãéíaa óôç Âáñóïâssá, óôéò aeÝêá aaííÝá Óaaðôaaìâñssïõ ÷ssëéá aaííéáêueóéá ïãaeueíôá aaííÝá. Done at Warsaw on the nineteenth day of September in the year one thousand nine hundred and  eighty-nine. Fait à Varsovie, le dix-neuf septembre mil neuf cent quatre-vingt-neuf. Fatto a Varsavia, addì diciannove settembre millenovecentottantanove. Gedaan te Warschau, de negentiende september negentienhonderd negenentachtig. Feito em Varsóvia, em dezanove de Setembro de mil novecentos e oitenta e nove. Sporza dzono w Warszawie dnia dziewie tnastego wrze´snia roku tysia c dziewie ´cset  osiemdziesia tego dziewia tego. Por el Consejo de las Comunidades EuropeasFor Raadet for De Europaeiske FaellesskaberFuer den Rat der  Europaeischen GemeinschaftenÃéá ôï Óõìâïýëéï ôùí AAõñùðáúêþí ÊïéíïôÞôùíFor the Council of the  European CommunitiesPour le Conseil des Communautés européennesPer il Consiglio delle Comunità  europeeVoor de Raad van de Europese GemeenschappenPelo Conselho das Comunidades EuropeiasZa  Rade Wspólnot EuropejskichPor la República Popular PolacaFor Folkerepublikken PolenFuer die  Volksrepublik PolenÃéá ôç ËáúêÞ AEçìïêñáôssá ôçò ÐïëùíssáòFor the Polish People's RepublicPour la  république populaire de PolognePer la Repubblica popolare di PoloniaVoor de Volksrepubliek  PolenPela República Popular da PolóniaZa Polska Rzeczpospolita Ludowa  ANNEX I referred to in Article 7 >TABLE>QUANTITATIVE RESTRICTIONS IN THE  TEXTILES SECTOR SUBJECT TO AUTONOMOUS IMPORT ARRANGEMENTS>TABLE>DESCRIPTION OF THE GOODS  COVERED BY PARTIAL QUANTITATIVE RESTRICTIONSLISTED IN ANNEX I>TABLE> ANNEX II referred to in Article 8 of the Agreement >TABLE>DISCRIMINATORY  QUANTITATIVE RESTRICTIONS IN THE TEXTILES SECTOR SUBJECT TOAUTONOMOUS IMPORT  ARRANGEMENTS(Categories 124 to 162)>TABLE>DESCRIPTION OF THE GOODS COVERED BY PARTIAL  QUANTITATIVE RESTRICTIONS ( )LISTED IN ANNEX II>TABLE> ANNEX III referred to in Article 9 of the Agreement >TABLE>QUANTITATIVE  RESTRICTIONS IN THE TEXTILES SECTOR SUBJECT TO AUTONOMOUS IMPORT ARRANGEMENTS>TABLE> DISCRIMINATORY QUANTITATIVE RESTRICTIONS IN THE TEXTILES SECTOR SUBJECT TO AUTONOMOUS IMPORT  ARRANGEMENTS(Categories 124 to 162)>TABLE>DESCRIPTION OF THE GOODS COVERED BY PARTIAL  QUANTITATIVE RESTRICTIONS ( )LISTED IN ANNEX III>TABLE> ANNEX IV 1. From 1 January 1990 customs duties or levies on imports into the Community of  the agricultural products originating in Poland which are listed below shall be reduced to the  level indicated for each of them: >TABLE> ANNEX V 2. From 1 January 1990 customs duties on imports into Poland of the agricultural  products originating in the Community which are listed below shall be reduced to the level  indicated for each of them: >TABLE> ANNEX VI relating to Article 16 of the Agreement The favourable business regulations,  facilities and practices for Community firms in Poland referred to inArticle 16 shall include  measures aimed at: 1.  ensuring non-discriminatory treatment as regards: - the application of the import licensing system and the allocation of the currency needed to pay  for such imports, - facilitating the activities of Community firms in Poland, with particular reference to the  establishment of representatives, installation, communications, and the taking-on and management of  locally recruited staff, - facilitating Community exporters' trade promotion activities, - the award of contracts for the supply of goods or services following an international invitation  to tender; 2.  ensuring trade practices which are compatible with the efficient conduct of international  business relations and, in this respect, not encouraging countertrade transactions or, where such  transactions cannot be avoided, providing all relevant information on the conditions and rules  applying to such transactions; 3.  ensuring that international undertakings relating to intellectual property are complied with.