Title
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
Preamble
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 establishing the European Atomic Energy Community, hereinafter referred to as 'Member States`, and
THE EUROPEAN ECONOMIC COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY, THE EUROPEAN ATOMIC ENERGY COMMUNITY, hereinafter referred to as 'the Community`,
of the one part, and
THE REPUBLIC OF POLAND, hereinafter referred to as 'Poland`,
of the other part,
CONSIDERING the importance of the existing traditional links between the Community, its Member States and Poland and the common values that the Contracting Parties share;
RECOGNIZING that the Community and Poland wish to strengthen these links and to establish close and lasting relations, based on reciprocity, which would allow Poland to take part in the process of European integration, thus strengthening and widening the relations established in the past notably by the Agreement on trade and commercial and economic cooperation, signed on 19 September 1989;
CONSIDERING the commitment of the Community and its Member States and of Poland to strengthening the political and economic freedoms which constitute the very basis of the association;
RECOGNIZING the significant achievements of the Polish people in the process of fast transition to a new political and economic order based on the rule of law and human rights, including the legal and economic framework for market economy and a multiparty system with free and democratic elections;
RECALLING the firm commitment of the Community, its Member States and of Poland to the process of the Conference on Security and Cooperation in Europe (CSCE), including the full implementation of all provisions and principles therein, in particular the Helsinki Final Act, the concluding documents of the Madrid and Vienna follow-up meetings and the Charter of Paris for a new Europe;
CONSCIOUS of the importance of the Association Agreement to establishing in Europe a system of stability based on cooperation, with the Community as one of the cornerstones;
BELIEVING that a link should be made between full implementation of association on the one hand, and the actual accomplishment of Poland's political, economic, and legal reforms on the other hand, as well as the introduction of the factors necessary for cooperation and the rapprochement between the parties' systems, notably in the light of the conclusions of the CSCE Bonn Conference;
DESIROUS of establishing and developing regular political dialogue on bilateral and international issues of mutual interest;
TAKING ACCOUNT of the Community's willingness to provide decisive support for the implementation of reform and to help Poland cope with the economic and social consequences of structural readjustment;
TAKING ACCOUNT furthermore of the Community's willingness to set up instruments of cooperation and economic, technical and financial assistance on a global and multiannual basis;
CONSIDERING the commitment of the Community and Poland to free trade, and in particular to compliance with the rights and obligations arising out of the General Agreement on Tariffs and Trade (GATT);
BEARING IN MIND the economic and social disparities between the Community and Poland and thus recognizing that the objectives of this association should be reached through appropriate provisions of this Agreement;
CONVINCED that the Association Agreement will create a new climate for their economic relations and in particular for the development of trade and investment, instruments which are indispensable for economic restructuring and the technological modernization;
DESIROUS of establishing cultural cooperation and developing exchanges of information;
RECOGNIZING the fact that the final objective of Poland is to become a member of the Community and that this association, in the view of the Parties, will help to achieve this objective,
HAVE AGREED AS FOLLOWS:
Body
Article 1.
1. An association is hereby established between the Community and its Member States on the one part and Poland on the other part.
2. The aim of this Agreement is:
- to provide an appropriate framework for the political dialogue, allowing the development of close political relations between the parties,
- to promote the expansion of trade and the harmonious economic relations between the parties and so to foster the dynamic economic development and prosperity in Poland,
- to provide a basis for the Community's financial and technical assistance to Poland,
- to provide an appropriate framework for Poland's gradual integration into the Community. To this end, Poland shall work towards fulfilling the necessary conditions,
- to promote cooperation in cultural matters.
Title I . POLITICAL DIALOGUE
Article 2.
A regular political dialogue shall be established between the parties. It shall accompany and consolidate the rapprochement between the Community and Poland, support the political and economic changes under way in that country and contribute to the establishment of new links of solidarity. The political dialogue and cooperation:
- will facilitate Poland's full integration into the community of democratic nations and progressive rapprochement with the Community. The economic rapprochement provided for in this Agreement will lead to greater political convergence,
- will bring about better mutual understanding and an increasing convergence of positions on international issues, and in particular on those issues likely to have substantial effects on one or the other Party,
- will enable each Party to consider the position and interests of the other in their respective decision-making processes,
- will enhance security and stability in the whole of Europe.
Article 3.
1. Consultations as appropriate shall take place between the President of the European Council and the President of the Commission of the European Communities on one side and the President of Poland on the other.
2. At ministerial level, political dialogue shall take place within the Association Council. This shall have general responsibility for any matters the parties might wish to put to it.
Article 4.
Other procedures and mechanisms for political dialogue shall be set up by the parties, and in particular in the following forms:
- meetings at senior official level (political directors) between Polish officials, on the one hand, and the Presidency of the Council of the European Communities and the Commission of the European Communities, on the other,
- taking full advantage of all diplomatic channels including regular briefings by Polish officials in Warsaw, consultations on the occasion of international meetings and contacts between diplomatic representatives in third countries,
- providing regular information to Poland on European Political Cooperation which shall be reciprocated as appropriate,
- any other means which would make a useful contribution to consolidating, developing and stepping up this dialogue.
Article 5.
Political dialogue at parliamentary level shall take place within the framework of the Parliamentary Association Committee.
Title II. GENERAL PRINCIPLES
Article 6.
1. The association includes a transition period of a maximum duration of 10 years divided into two successive stages, each in principle lasting five years. The first stage shall begin when this Agreement enters into force.
2. The Association Council shall proceed regularly to examine the application of this Agreement and of Poland's accomplishments in the process leading to a market economy system.
3. During the course of the 12 months preceding the expiration of the first stage, the Association Council shall meet to decide the transition to the second stage as well as on any possible changes to be brought about as regards measures concerning the implementation of the provisions governing the second stage. In doing this, it will take into account the results of the examination mentioned in paragraph 2.
4. The two stages envisaged in paragraphs 1 and 3 do not apply to Title III.
Title III. FREE MOVEMENT OF GOODS
Article 7.
1. The Community and Poland shall gradually establish a free trade area in a transitional period lasting a maximum of 10 years starting from the entry into force of this Agreement in accordance with the provisions of this Agreement and in conformity with those of the General Agreement on Tariffs and Trade (GATT).
2. The combined nomenclature of goods shall be applied to the classification of goods in trade between the two Parties.
3. For each product the basic duty to which the successive reductions set out in this Agreement are to be applied shall be that actually applied erga omnes on the day preceding that date of entry into force of the Agreement.
4. If, after entry into force of this Agreement, any tariff reduction is applied on an erga omnes basis, in particular reductions resulting from the tariff agreement concluded as a result of the GATT Uruguay Round, such reduced duties shall replace the basic duties referred to in paragraph 3 as from the date when such reductions are applied.
5. The Community and Poland shall communicate to each other their respective basic duties.
Chapter I. Industrial Products
Article 8.
1. The provisions of this Chapter shall apply to products originating in the Community and in Poland listed in Chapters 25 to 97 of the combined nomenclature with the exception of the products listed in Annex I.
2. The provisions of Articles 9 to 13 included do not apply to products mentioned in Articles 15 and 16.
Article 9.
1. Customs duties on imports applicable in the Community to products originating in Poland other than those listed in Annexes IIa, IIb and III shall be abolished on the entry into force of this Agreement.
2. Customs duties on imports applicable in the Community to products originating in Poland which are listed in Annex IIa shall be progressively abolished in accordance with the following timetable:
- on the date of entry into force of this Agreement each duty shall be reduced to 50 % of the basic duty,
- one year after the date of entry into force of this Agreement the remaining duties shall be eliminated.
Customs duties on imports applicable in the Community to products originating in Poland listed in Annex IIb shall be progressively reduced, from the date of entry into force of this Agreement, by annual reductions of 20 % of the basic duty, so as to arrive at a total abolition by the end of the fourth year after the date of entry into force of this Agreement.
3. The products of Polish origin listed in Annex III shall benefit from a suspension of customs duties on imports within the limits of annual Community tariff quotas or ceilings increasing progressively in accordance with the conditions defined in that Annex so as to arrive at a complete abolition of customs duties on imports of the products concerned at the end of the fifth year at the latest.
At the same time, customs duties on imports applicable to import quantities in excess of the quotas or ceilings provided for above shall be progressively dismantled from the entry into force of this Agreement by annual reductions of 15 %. By the end of the fifth year, remaining duties shall be abolished.
4. Quantitative restrictions on imports to the Community and measures having equivalent effect shall be abolished on the date of entry into force of this Agreement with regard to the products originating in Poland.
Article 10.
1. Customs duties on imports applicable in Poland to products originating in the Community listed in Annex IVa shall be abolished on the date of entry into force of this Agreement.
2. Customs duties on imports applicable in Poland to products originating in the Community which are listed in Annex IVb shall be progressively reduced as specified in that Annex.
Poland shall open duty free tariff quotas for products originating in the Community, as listed in that Annex and according to the conditions contained therein.
3. Customs duties on imports applicable in Poland to products originating in the Community other than those listed in Annexes IVa and IVb shall be progressively reduced, and abolished by the end of the seventh year at the latest from the entry into force of this Agreement according to the following timetable:
- three years after the date of entry into force of this Agreement each duty shall be reduced to 80 % of the basic duty,
- four years after the date of entry into force of this Agreement each duty shall be reduced to 60 % of the basic duty,
- five years after the date of entry into force of this Agreement each duty shall be reduced to 40 % of the basic duty,
- six years after the date of entry into force of this Agreement each duty shall be reduced to 20 % of the basic duty,
- seven years after the date of entry into force of this Agreement the remaining duties shall be eliminated.
4. Quantitative restrictions on imports into Poland of products originating in the Community and measures having equivalent effect shall be abolished on entry into force of this Agreement with the exception of those listed in Annex V which shall be abolished in accordance with the timetable provided in that Annex.
Article 11.
The provisions concerning the abolition of customs duties on imports shall also apply to customs duties of a fiscal nature.
Article 12.
The Community and Poland shall abolish upon entry into force of this Agreement in trade between themeselves, any charges having an effect equivalent to customs duties on imports.
Article 13.
1. The Community and Poland shall progressively abolish between them at the latest by the end of the fifth year after entry into force of this Agreement any customs duties on exports and charges having equivalent effect.
2. Quantitative restrictions on exports and any measures having equivalent effect shall be abolished by the Community and Poland on the entry into force of this Agreement except for those applied to products listed in Annex VI which shall be eliminated as specified therein.
Article 14.
Each Party declares its readiness to reduce its customs duties in trade with the orther Party more rapidly than is provided for in Articles 9 and 10 if its general economic situation and the situation of the economic sector concerned so permit.
The Association Council may make recommendations to this effect.
Article 15.
Protocol 1 lays down the arrangements applicable to the textile products referred to therein.
Article 16.
Protocol 2 lays down the arrangements applicable to products covered by the Treaty establishing the European Coal and Steel Community.
Article 17.
The provisions of this Chapter do not preclude the retention of an agricultural component in the duties applicable to products listed in Annex VII.
Chapter II. Agriculture
Article 18.
1. The provisions of this chapter shall apply to agricultural products originating in the Community and in Poland.
2. The term 'agricultural products` means the products listed in Chapters 1 to 24 of the combined nomenclature and the products listed in Annex I, but excluding fishery products as defined by Regulation (EEC) No 3687/91.
Article 19.
Protocol 3 lays down the trade arrangements for processed agricultural products which are listed in such Protocol.
Article 20.
1. The Community shall abolish at the date of entry into force of this Agreement the quantitative restrictions on imports of agricultural products originating in Poland maintained by virtue of Council Regulation (EEC) No 3420/83 in the form existing on the date of signature hereof.
2. The agricultural products orginating in Poland listed in Annex VIIIa or VIIIb shall benefit, upon the date of entry into force of this Agreement, from the reduction of levies within the limit of Community quotas or from the reduction of customs duties and upon the conditions provided in the same Annex.
3. Poland shall gradually abolish quantitative restrictions on imports of agricultural products originating in the Community listed in Annex IX in accordance with the conditions established in that Annex.
4. The Community and Poland shall grant each other the concessions referred to in Annexes Xa, Xb, Xc and XI, on a harmonious and reciprocal basis, in accordance with the conditions laid down therein.
5. Taking account of the volume of trade in agricultural products between them, of their particular sensitivity, of the rules of the common agricultural policy of the Community, of the role af agriculture in the Polish economy, and of the consequences of the multilateral trade negotiations under the General Agreement on Tariffs and Trade, the Community and Poland shall examine on a regular bais in the Association Council, product by product and on an orderly and reciprocal basis, the possibilities of granting each other further concessions. In this context special attention will be given to agricultural production based on natural techniques.
6. Taking account of the need for an increased harmony between the agricultural policies in the Community and Poland, as well as Poland's objective of becoming a member of the Community, both Parties will have regular consultations in the Association Council on the strategy and practical modalities of their respective policies.
Article 21.
Notwithstanding other provisions of this Agreement and in particular Article 30, if, given the particular sensitivity of the agricultural markets, imports of products originating in one Party, which are the subject of concessions granted in Article 20, cuase serious disturbance to the markets in the other Party, both Parties shall enter into consultations immediately to find an appropriate solution. Pending such solution, the Party concerned may take the measures it deems necessary.
Chapter III. Fisheries
Article 22.
The provisions of this chapter shall apply to fishery products originating in the Community and in Poland, which are covered by Regulation (EEC) No 3687/91 on the common organization of the market in the sector of fishery products.
Article 23.
The Parties shall conclude as soon as practicable negotiations of an agreement on fishery products.
Therafter, the provisions of Article 20 (5) shall apply mutatis mutandis to fishery products.
Chapter IV. Common Provisions
Article 24.
The provisions of this chapter shall apply to trade in all products except where otherwise provided herein or in Protocols 1, 2 and 3.
Article 25.
1. No new customs duties on imports or exports or charges having equivalent effect shall be introduced, nor shall those already applied be increased, in the trade between the Community and Poland from the date of entry into force of this Agreement.
2. No new quantitative restriction on imports or exports or measure having equivalent effect shall be introduced nor shall those existing be made more restrictive in trade between the Community and Poland from the date of entry into force of this Agreement.
3. Without prejudice to the concessions granted under Article 20, the provisions of paragraphs 1 and 2 of this Article shall not restrict in any way the pursuance of the respective agricultural policies of Poland and the Community or the taking of any measures under such policies.
Article 26.
1. The two Parties shall refrain from any measures or practice of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Party and like products originating in the territory of the other Party.
2. Products exported to the territory of one of the two Parties may not benefit from repayment of internal taxation in excess of the amount of direct or indirect taxation imposed on them.
Article 27.
1. This Agreement shall not preclude the maintenance or establishment of Customs unions, free trade areas or arrangements for frontier trade except in so far as they alter the trade arrangements provided for in this Agreement.
2. Consultations between the Parties shall take place within the Association Council concerning agreements establishing such customs unions or free trade areas, and, where requested, on other major issues related to their respective trade policy with third countries. In particular in the event of a third country acceding to the Community, such consultations shall take place so as to ensure that account can be taken of the mutual interests of the Community and Poland stated in this Agreement.