PROVISION OF CROSS-BORDER SERVICES IN THE TERRITORY OF THE REPUBLIC OF POLAND
In Poland, there are two separate acts regulating the issue of cross-border provision of services:
- The Act of 4 March 2010 on the provision of services in the territory of the Republic of Poland
- The Act of 18 March 2008 on the principles governing the recognition of professional qualifications acquired in EU Member States.
On 10 April 2010, entered into force the act of 4 March 2010 on provision of services in the territory of the Republic of Poland. This act made it possible for foreign entrepreneurs from selected countries to temporarily provide services in the territory of Poland, without having to be entered in any register - National Court Register or a separate register CEIDG ( Central Registration and Information on Business).
The act on the provision of services in the territory of the Republic of Poland includes regulations to facilitate the taking-up and pursuit of service activity by entities:
- from other Member States of the European Union,
- from Member States of the European Free Trade Agreement (EFTA) which is a party to the agreement on the European Economic Area (Iceland, Norway, Liechtenstein, Switzerland),
- from the countries which have concluded agreements with the European Community and its Member States governing the freedom to provide services.
Service, according to the act, is provision carried out by a provider on his own account, normally for remuneration (the act distinguishes construction, commerce services and services provided within the framework of professional activities).
The service provider is anyone who offers or provides services, even temporarily in the territory of Poland.
Pursuant to the act, the temporary provision of services by a service provider may entail the requirement to obtain a certificate, concession, licence, permission, approval, entry in the register of regulated activity or to any other competent register if legislation requires such an obligation to ensure public order and security, public health or environmental protection.
You are a foreigner – EU citizen – and you want to temporarily provide cross-border services in Poland - go to the Search engine of administrative procedures on cross-border provision of services.
The basic principles for the cross-border provision of services in regulated professions
Nationals of Member States who exercise the profession/activity in one EU Member State in accordance with the legislation of that Member State, have the right to provide a service in the territory of another Member State in terms of pursuing the same profession/activity.
Conditions for the provision of services are as follows:
- a service provider moves to another Member State in order to temporarily and occasionally provide services,
- if in the host Member State the profession is regulated and in the Member State of establishment the profession is not regulated then the service provider must prove that he has exercised the profession/activity in the Member State of establishment for at least 2 years during the 10 years preceding the provision of services. This requirement does not apply if training for a profession/regulated activity was regulated by provisions.
Provision of services for the first time
Before services are provided for the first time, you will have to submit to the competent authority for recognition of qualifications a written declaration on the intention to provide the service. It should contain information on the insurance policy you have or other means of personal or collective insurance related to the exercise of the profession in question. You submit the declaration again each year in which you intend to provide cross-border service.
The administrative body may require from you to attach the following documents:
- document proving nationality,
- an attestation certifying that you practise profession or activity in another Member State and that at the time of submission you are not subject to prohibition (even temporary) from practising a profession or business activity,
- documents proving professional qualifications,
- document proving you exercise your profession or activity for at least two years during the last ten years or regulated training or activity — if the profession or activity is not regulated in the Member State of establishment,
- The Certificate of No Criminal Record if it is required from Polish nationals who intend to pursue a regulated profession or activities related to public security.
As a service provider you are subject to Polish legislation which are directly linked to consumer protection and safety, and relate to the mode of pursuit of a regulated profession or activity.
The general rule is that the host Member State exempts service providers from requirements relating to obtaining permission, registration or membership in a professional organisation or body, however, it may introduce a simplified temporary registration or membership in a professional organisation or institution (however this cannot result in additional costs, delays or complications in the provision of the services).
Provision of services for professions which have public health or safety implications
In case of provision of services for the first time for regulated professions which have public health or safety implications and defective execution could expose users to serious consequences, the competent authority of the host Member State can check the qualifications of the service provider before the first provision of services (so-called prior check).
The list of professions for which the competent Polish authorities can verify the qualifications is specified in the Annex to Regulation of the President of the Council of Ministers of 30 July 2013 on the specifying of regulated professions for which proceedings may be instituted for the recognition of qualifications.
Within one month from the submission of your declaration of the intention to provide services (along with the necessary documents), the competent authority is obliged to issue a decision on the recognition of qualifications or notify on withdrawal from examination of qualifications. In exceptional cases the competent authority may extend the deadline to reply, up to a maximum of two months.
If during the examination of qualifications the competent authority identifies substantial differences between qualifications required in Poland and the qualification held by you (lack of knowledge or skills which might endanger public health or safety), it may require you to take an aptitude test.
If your qualifications have been verified and recognised, you can use the professional title laid down for the profession in Poland.
You want to practise a regulated profession in Poland — go to the Search engine of procedures for the recognition of professional qualifications.Share Print