A lawyer's Christmas list
Dear Santa,
This year, instead of asking for the usual things, such as world peace and a raise (which would still be appreciated), I would like to ask for your help in preparing Poland for EU accession. You see, Santa, according to the EU Commission's Comprehensive Monitoring Report on Poland's Preparation for Membership released last month (the "Report"), Poland still needs to take additional steps to harmonize several areas of the law with the acquis communautaire, the body of EU law. My Christmas wish list for Poland is as follows:
Free movement of capital
"Further adjustment is still needed with regard to legislation restricting foreign direct investment... in particular in the broadcasting sector." Under current law, foreign ownership in the broadcasting sector is restricted. Santa, according to the Treaty of Accession, Poland agreed to permit EU investors, subject to certain limited exceptions, to freely invest in this sector without limitation. Unfortunately, not all of the implementing legislation has been adopted to secure such a right. Could you help?
"Poland should demonstrate that the recently adopted authorization procedure for acquiring land respects the terms of the Accession Treaty." The Agricultural Market Act, adopted one day before Poland signed the terms of the Accession Treaty, imposes severe restrictions on the acquisition of farmland, including but not limited to the imposition of certain eligibility requirements on the would-be farmer, such as having a higher education or proof of sufficient farming experience. In its current form, an EU investor may not be able to satisfy the education requirement if his degree is not recognized by the Polish authorities. Santa, would you please ensure that EU based degrees are recognized as sufficient? And perhaps ask the Polish government to extend the same courtesy to non-EU investors, such as Canadians and Americans?
Intellectual property rights
"The majority of commitments in the field of intellectual and industrial property rights protection have been met [although] enhanced enforcement efforts in particular are needed..." Santa, please do not buy any counterfeit videos and music products at the Stadium.
Free movement of goods
"Polish legislation on the import of second hand vehicles, alcohol advertising, labeling of textiles products and the Polish language law [create] unjustified trade barriers." Santa, before you deliver your presents to Poland, please make sure that all items are properly labeled in Polish. I know this will increase your expenses, but perhaps you can make sure that Poland harmonizes its law with the acquis so that you will not have to do the same next Christmas?
Free movement of persons
"In the field of mutual recognition of professional qualifications, Poland's transposition of the acquis still represents serious shortcomings... notably doctors, dentists, nurses, pharmacists and architects.." Don't worry Santa, you do not have to comply with this requirement as your profession is not subject to regulation. But, for the rest of us who earned our degrees in a foreign country, we could use some help to make sure that the Polish government implements the necessary legislation to fully comply with the acquis.
Freedom to provide services
"Poland needs to lift disproportionate Polish language requirements for board members of service providers, particularly in the financial sector." Under current law, board members are required (at least in theory) to possess basic Polish language skills. Santa, not all of us are as talented as you in speaking many languages. Would you please make sure that the Polish government implements the appropriate legislation to comply with the acquis?
Taxes
"Poland should eliminate some remaining discrepancies and ensure equal taxation, irrespective of origin, of non-EU harmonized excises..." Santa, although the Report does not address the issue of personal income taxes, I could really use some help. Poland recently reduced the corporate income tax to 19 percent. This was an early Christmas present. Thank you! Do you think you could deliver the same for personal income taxes? With respect to excise taxes on alcohol, I would like to thank you in advance for the expected reduction in the cost of my favorite California wines.
Telecommunications
"In order to develop further competition in the market, reasonable terms for interconnection need to be settled and local loop unbundling needs to be implemented." Santa, my wife likes to call her friends who live in other parts of Europe. Please expedite greater competition in this sector so that my phone bill will be reduced.
Santa, thank you very much for reading my list and checking it twice. I hope you will be able to deliver all of these presents to Poland in time for EU accession. Merry Christmas!
Paul B. Fogo is a senior attorney with Miller, Canfield, W. Babicki and Partners.
This year, instead of asking for the usual things, such as world peace and a raise (which would still be appreciated), I would like to ask for your help in preparing Poland for EU accession. You see, Santa, according to the EU Commission's Comprehensive Monitoring Report on Poland's Preparation for Membership released last month (the "Report"), Poland still needs to take additional steps to harmonize several areas of the law with the acquis communautaire, the body of EU law. My Christmas wish list for Poland is as follows:
Free movement of capital
"Further adjustment is still needed with regard to legislation restricting foreign direct investment... in particular in the broadcasting sector." Under current law, foreign ownership in the broadcasting sector is restricted. Santa, according to the Treaty of Accession, Poland agreed to permit EU investors, subject to certain limited exceptions, to freely invest in this sector without limitation. Unfortunately, not all of the implementing legislation has been adopted to secure such a right. Could you help?
"Poland should demonstrate that the recently adopted authorization procedure for acquiring land respects the terms of the Accession Treaty." The Agricultural Market Act, adopted one day before Poland signed the terms of the Accession Treaty, imposes severe restrictions on the acquisition of farmland, including but not limited to the imposition of certain eligibility requirements on the would-be farmer, such as having a higher education or proof of sufficient farming experience. In its current form, an EU investor may not be able to satisfy the education requirement if his degree is not recognized by the Polish authorities. Santa, would you please ensure that EU based degrees are recognized as sufficient? And perhaps ask the Polish government to extend the same courtesy to non-EU investors, such as Canadians and Americans?
Intellectual property rights
"The majority of commitments in the field of intellectual and industrial property rights protection have been met [although] enhanced enforcement efforts in particular are needed..." Santa, please do not buy any counterfeit videos and music products at the Stadium.
Free movement of goods
"Polish legislation on the import of second hand vehicles, alcohol advertising, labeling of textiles products and the Polish language law [create] unjustified trade barriers." Santa, before you deliver your presents to Poland, please make sure that all items are properly labeled in Polish. I know this will increase your expenses, but perhaps you can make sure that Poland harmonizes its law with the acquis so that you will not have to do the same next Christmas?
Free movement of persons
"In the field of mutual recognition of professional qualifications, Poland's transposition of the acquis still represents serious shortcomings... notably doctors, dentists, nurses, pharmacists and architects.." Don't worry Santa, you do not have to comply with this requirement as your profession is not subject to regulation. But, for the rest of us who earned our degrees in a foreign country, we could use some help to make sure that the Polish government implements the necessary legislation to fully comply with the acquis.
Freedom to provide services
"Poland needs to lift disproportionate Polish language requirements for board members of service providers, particularly in the financial sector." Under current law, board members are required (at least in theory) to possess basic Polish language skills. Santa, not all of us are as talented as you in speaking many languages. Would you please make sure that the Polish government implements the appropriate legislation to comply with the acquis?
Taxes
"Poland should eliminate some remaining discrepancies and ensure equal taxation, irrespective of origin, of non-EU harmonized excises..." Santa, although the Report does not address the issue of personal income taxes, I could really use some help. Poland recently reduced the corporate income tax to 19 percent. This was an early Christmas present. Thank you! Do you think you could deliver the same for personal income taxes? With respect to excise taxes on alcohol, I would like to thank you in advance for the expected reduction in the cost of my favorite California wines.
Telecommunications
"In order to develop further competition in the market, reasonable terms for interconnection need to be settled and local loop unbundling needs to be implemented." Santa, my wife likes to call her friends who live in other parts of Europe. Please expedite greater competition in this sector so that my phone bill will be reduced.
Santa, thank you very much for reading my list and checking it twice. I hope you will be able to deliver all of these presents to Poland in time for EU accession. Merry Christmas!
Paul B. Fogo is a senior attorney with Miller, Canfield, W. Babicki and Partners.
