Outline of the system
As a rule, imports into Poland are free of restrictions or of the requirement of obtaining a licence, unless statutory regulations or international agreements provide otherwise. Furthermore foreign trade in goods and services is permitted to everybody upon equal rights, subject to terms and restrictions laid down in statutory regulations or international agreements.
Rules for importation into Poland are set in:
- Law – Customs Code dated 9 January 1997 (text published in the Dziennik Ustaw (Journal of Laws) No. 75 of 2001, under item no.802 with later amendments);
- Law dated 11 December 1997 on administering foreign trade turnover in goods and services (published in Journal of Laws No. 157, item no.1026 on 23 December 1997 with later amendments);
- Regulation of the Minister of Economy dated 18 April 2001 concerning licences (permits) to bring goods into and take goods out of the customs area of Poland (Dziennik Ustaw No.35 of 2001, item no. 412) – describes forms of applications for licence (permit), list of documents to be attached to the application, forms of licence (permits), conditions on which particular licence can be issued and used. This Regulation concerns non-tariff measures such as automatic registration, non- automatic registration and quotas;
- Regulation of the Minister of Economy dated 9 March 2001 (Dz. U. No. 19 item 236 and No.35 item 412) concerning import licences issued within tariff quotas - describes form of application for import licence, list of documents to be attached to the application, form of licence, conditions on which licence can be issued and used.
Gelatine and gelatine derivatives. See product coverage.
Nature of licensing
If Automatic, administrative purpose
Automatic registration of import is applied for statistical and monitoring purposes.
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
It is not intended to restrict the quantity or value of imports.
Questions for products under restriction as to the quantity or value of imports
The system applies to products originating from which country?
It applies to goods originating in and coming from all countries (erga omnes)
Expected duration of licensing procedure
Is the licensing statutorily required?
All measures set up are statutory established for definite period of time, in practice with validity till the end of the calendar year. In order to further maintain the given measure, it has to be established anew.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All natural and legal persons domiciled in the Republic of Poland, irrespective of nationality or origin, are eligible to apply for an import licence, provided their economic activities have been duly registered in the Republic of Poland.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Submission of an application
Administrative body(ies) for submission of an application
What information is required in applications?
The application for a licence contains the usual information regarding the importer, goods, and purchasing contract.
What documents is the importer required to supply with the application?
The following documents have to be annexed to the application:
- extract (copy) from the commercial or other register;
- copy of the applicant’s statistical identification, i.e. statistical number of the company issued by an appropriate statistical office;
- certificate that the applicant is not in arrears with taxes, issued by appropriate fiscal office;
- certificate that the applicant is not in arrears with the obligatory social insurance premium, issued by appropriate social insurance office;
- copy of contract;
- balance of utilization of the previously obtained licence from Customs Office, if there was such a case.
Window of submission of an application
How far in advance of importation must application for a licence be made?
In accordance with the rules of the Code of Administrative Procedures, applications have to be processed without unnecessary delay i.e. within 2 weeks or 10 working days. In case there is need of some additional explanations, application can be processed and import licence issued within 30 days. In practice, the average actual time to process and issue an import licence is not exceeding one week.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Applications for import licence can be submitted any time during validity of a given measure if there are no specific provisions as to the mode of allocation. The same relates to quotas if they are not yet fully allocated.
Issuing the license
Can a licence be granted immediately on request?
In general, licences are not granted on request. However, in case licences are granted on the first come first served basis and there is no backlog of applications, it is possible to issue a licence the same day.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
The administrative body authorized to issue licences is the Ministry of Economy.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
There are no other conditions connected with the issuance of a licence.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Import licence is free of charge.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment associated with the issuance of licences (except of import licence for sugar within WTO market access quota).
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Applications for an import licence can only be refused if they do not meet legally set requirements.
Are the reasons for any refusal given to applicants?
Reason or reasons of refusal are communicated to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
The applicant in accordance with the rules of Code of Administrative Procedures, has the right to appeal to the Ministry of Economy or Ministry of Agriculture (in case refusal is made by Agricultural Market Agency) and, at a second instance, to the Supreme Administrative Court.
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Upon actual importation, the importer presents documents such as invoice, SAD, transport document and import licence usually required by the Customs.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required to importation apart from health, sanitary, veterinary and quality regulations.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Import licences are generally valid for three months. Its validity cannot be extended. Upon expiry applicant can apply for the new licence submitting, along with the application, a copy of the expired licence with balance of utilization noted down by Customs.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Non-utilization or partial utilization of licence is not penalized.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Each licence bears the applicant’s name. Licences are not transferable between importers.
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The foreign exchange is automatically provided for goods to be imported and a licence is not a condition for obtaining foreign exchange.