GEN 1.4 Entry, transit and departure of cargo

1.

IMPORT AND EXPORT OF PLANTS

1.1

Plants, plant products and other objects may be introduced into the territory of the Republic of Poland directly from non-EU Member Countries (i.e. third countries) exclusively through the border control points designated at the external frontiers of the European Union and in accordance with the scope of goods controlled at such point. In the case of air transport, currently such points shall be exclusively Warsaw Chopin Airport, Rzeszów-Jasionka aerodrome and Szczecin-Goleniów (all categories of goods subject to phytosanitary regulation may be introduced through these points of entry).

1.2

The list of plants, plant products and other objects the introduction of which from specific third countries into the European Union shall be prohibited is specified in Annex VI to the Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of the Regulation of the European Parliament and of the Council (EU) 2016/2031 on protective measures against pests of plants and repealing Commission Regulation (EC) No. No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019. In addition, the list of plants whose import is temporarily prohibited is set out in the Annex to Commission Implementing Regulation (EU) 2018/2019 of 18 December 2018 establishing a provisional list of plants, plant products or other high-risk objects within the meaning of Art. 42 of Regulation (EU) 2016/2031 and the list of plants for which no phytosanitary certificates are required for the introduction into the territory of the Union within the meaning of Art. 73 of this regulation.

1.3

The list of plants, plant products and other objects that should meet special requirements for their introduction into the European Union are set out in Annex VII to Regulation 2019/2072.

1.4

A list of plants, plant products and other objects originating from third countries for which a phytosanitary certificate is required, is set out in Annex XI, Part A to Commission Regulation (EU) 2019/2072.

1.5

Irrespective of point 1.4, all plants introduced into the territory of the UE from third countries require a phytosanitary certificate with the exception of plants listed in Annex XI, Part C to Commission Regulation (EU) 2019/2072.

1.6

The phytosanitary certificate is not required for plants originating from Switzerland, Liechtenstein or Northern Ireland but the aforementioned certificate is required for plants originating from Ceuta, Melilla, the Canary Islands, Guadeloupe, French Guiana, Martinique, Mayotte, Reunion, Saint-Barthélemy and Saint-Martin.

1.7

The phytosanitary certificate should meet the requirements specified in Art. 76 of Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No. No 228/2013, 228/2013 of the European Parliament and of the Council and repealing Council Directive 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC, including but not limited to:

 

- not earlier than 14 days before the shipment leaves the third country where it was issued;

 

- in one of the official languages of the European Union.

1.8

Plants, plant products and other objects that are prohibited for entry into the European Union or do not comply with specific requirements, as well as Union quarantine pests, may only be imported for official research, scientific or educational purposes, trials, variety selection or breeding - in this case, however, it is necessary to provide them with the authorization document specified in Annex II to Commission Delegated Regulation (EU) 2019/829 of 14 March 2019 supplementing Regulation (EU) 2016/2031 of the European Parliament and of the Council on protection measures against pests of plants, authorizing Member States to establish temporary derogations for official research, scientific or educational purposes, trials, variety selection or breeding, and the CHED-PP completed in TRACES NT.

1.9

The entity responsible for the consignment of plants, plant products and other objects subject to phytosanitary border control completes electronically in TRACES NT the first part of the CHED-PP, providing the information necessary for the immediate and complete identification of the consignment and its destination. This document is also a declaration of the consignment for border phytosanitary inspection. The competent control authorities should be notified before the shipment arrives at the border crossing point (the entity is obliged to notify the shipment at least 24 HR before its arrival, and in the case of air transport - at least 4 HR before its arrival). If the CHED-PP is not completed, the phytosanitary border inspection will not be carried out until the entity complies with this obligation.

1.10

Importers of plants, plant products and other objects which require a phytosanitary certificate, are subject to registration in the official register of entrepreneurs, maintained by the local inspector of plant health and seed inspection.

1.11

Shipments of plants, plant products and other objects subject to phytosanitary requirements are subject to phytosanitary border control, including documentation control, identification control and physical health control carried out by the inspectors of border divisions of voivodeship plant health and seed inspectorates or, in certain cases, representatives of the National Revenue Administration. Plants only subject to a phytosanitary certificate, for which no specific requirements are laid down, are always subject to documentary checks. However on the basis of risk analysis, identification control and physical control are conducted

1.12

Until the phytosanitary border inspection is completed and while implementing the decision to prohibit the introduction of the consignment into the European Union or a decision ordering specific handling of the consignment (e.g. decontamination, destruction of the consignment, removal of infested plants, plant products or objects), the consignment is under supervision of customs and tax service.

1.13

Border control shall be charged at the rates set out in point 8 of Chapter I of Annex IV to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, and amending Regulations (EC) No. No 999/2001, (EC) No. No 396/2005, (EC) No. No 1069/2009, (EC) No. No 1107/2009, (EU) No. No 1151/2012, (EU) No. No 652/2014, (EU) 2016/429 and (EU) 2016/2031, Council Regulations (EC) No. No 1/2005 and (EC) No. No 1099 / 2009 and Council Directives 98/58 / EC, 1999/74 / EC, 2007/43 / EC, 2008/119 / EC and 2008/120 / EC, and repealing Regulations of the European Parliament and of the Council (EC) No 854/2004 and ( (EC) No. No 882/2004, Council Directives 89/608 / EEC, 89/662 / EEC, 90/425 / EEC, 91/496 / EEC, 96/23 / EC, 96/93 / EC and 97/78 / EC and Council Decision 92/438 / EEC (Regulation on official controls).

1.14

Export of plants and plant products beyond the European Union shall be carried out in compliance with the requirements of the country of destination and the relevant countries of transit.

 

 

 

 

2.

IMPORT AND EXPORT OF FOOD

2.1

The import of food of animal origin is subject to specific restrictions. The import of most those products by travellers from outside the EU is prohibited. Travellers from third countries carrying products of animal origin are obliged to place them in dedicated containers available at border crossing points or declare them to the Tax and Customs Service officer prior to the check. The products will be then disposed of. Failure to declare such items may result in a fine or criminal prosecution.

2.2

The import of food of non-animal origin is allowed in the amount indicating that it is intended for personal use. Bigger amounts of food shall be subject to border health check carried out by a border proper state sanitary inspector according to the provisions of the Act of 25 August 2006 on food security and nutrition (Journal of Laws of 2017, item 149 with later amendments) and Regulation (EC) No. No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (Official Journal EU L 165).

 

 

3.

IMPORT AND EXPORT OF LIVE ANIMALS

3.1

Pet animals accompanying travellers may be carried up to five animals in number without having to be subject to border veterinary check, provided that:

 

- they are in company of their owner or a person uthorised unauthorised by the owner,

 

- they are moved for non-commercial purposes (they will not be the subject of trade or other ownership transfer.

 

When carrying dogs, cats and ferrets the following conditions shall be fulfilled:

 

- the carried animals must be marked accordingly with a transponder (microchip) or a clearly readable tattoo done before 3 July 2011;

 

- they must have been vaccinated against rabies (vaccination should be documented);

 

- they must be accompanied by an identification document - a health certificate issued by the official veterinarian of the territory of third country or from a third country of dispatch. The document shall include details on identification, vaccination and examinations that the animal received.

 

- in some cases while moving from the territory of third countries to the European Union, the additional import requirement is to have a relevant results of the rabies antibody titration and a three month waiting period for entry. The original of the document coming from an authorised laboratory shall be attached to the identification document.

 

- in the case of leaving the European Union Member State for a third country and returning to EU, a duly completed EU passport including all relevant details and up-to-date vaccinations, certificates and examinations complemented before leaving EU is the required identification document for pet animals accompanying travellers.

3.2

If the animal carried by a traveller is marked with a transponder not conforming with ISO 11784 and uncapable of being read by a reading device conforming with ISO 11785, the owner or an authorised person shall provide the possibility to read the marking of an animal.

3.3

Checks of pet animals take place at border crossing points where the traveller crosses the EU border. In Poland movement of pet animals accompanying the travellers may be carried out at border crossing points specified in the regulation of the Minister of the Agriculture and Rural Development of 1 February 2016 laying down the list of crossing borders where customs authorities carry out an inspection of pets moved for non-commercial reasons, accompanying travellers (Journal of Laws, 2016, item 190).

3.4

The owner or an authorised person is obliged to notify the competent customs unit present at the point of entry on movement of a given animal and placing it under control. The fact of moving the animals shall be notified to the Tax and Duty Service officer and necessary documents required by veterinary legislation shall be presented.

3.5

Where checks reveal that the animal does not meet the requirements concerning import to Poland, then after consultation with the official veterinarian (district veterinarian territorially competent for border crossing), a competent unit shall teke make a decision on:

 

- returning the pet animal to its country or territory where the movement was initiated, or

 

- isolating the animal under official control over the period necessary for the health requirements to be met, at the expense of the owner or a natural person responsible for the animal, or

 

- as a last resort, to put the animal down, without financial compensation, where its return is not possible or its isolation is not feasible.

3.6

Until the above mentioned measures have been taken, the animal shall remain subject to supervision of the customs units. Pet animals moved in the amount of 5 or more, for commercial purposes or transported as cargo are subject to veterinary border checks in the approved border inspection post.

 

 

4.

IMPORT AND EXPORT OF MEDICAL PRODUCTS

4.1

Travellers may bring a medical product from abroad for own medical use in the quantity up to five smallest packages.

4.2

The above exemption is not valid for narcotic drugs and psychotropic substances, the import of which from abroad by natural persons is permitted only for own medical purposes subject to production of a document of authorization for the carriage of narcotic drugs and psychotropic substances for medical purposes. This document is valid for a maximum of 30 days.

 

 

5.

IMPORT AND EXPORT OF SPECIMENS OF ENDANGERED PLANT AND ANIMAL SPECIES (CITES)

5.1

Pursuant to Council Regulation (EC) No. No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein, the carriage of specimens of endangered species is subject to the possession of relevant CITES documents.

5.2

A person carrying CITES specimens is to declare them to a Tax and Customs Service unit providing relevant documentation. Documents covering the carriage of CITES specimens are issued by competent administrative units of the Washington Convention of the country concerned (for Poland: Ministry of Climate and Environment Republic of Poland).

5.3

In the case of import into the EU of a specimen of endangered species, two documents are necessary: from the country of export and from the EU Member State of import.

5.4

In the case of export from the EU: a CITES document covering the export from the EU, and in the case of export of specimens of most endangered species: a document from the country of destination.

5.5

The carriage of some specimens being in private ownership is possible without CITES documentation but under certain conditions. Those specimens and conditions are described in Article 57 and Article 58 of Commission Regulation (EC) No. No 865/2006.

 

An updated list of endangered species covered by CITES is annexed to the above-mentioned Council Regulation (EC) 338/97.

6.

EXPORT OF CULTURAL GOODS

6.1

A permit for permanent export abroad of a cultural good is required for cultural goods belonging to one of the categories specified in Article 51, Paragraph 1 of the Act of 23 July 2003 on protection and caretaking of cultural goods (consolidated text Journal of Laws of 2022, item 840 and of 2023, item 951, 1688, 1904).

6.2

The following cultural goods cannot be permanently exported abroad:

 

- objects entered onto the Monuments Register;

 

- objects included in the Culture Heritage List;

 

- objects being part of public collections in the ownership of the State, regional authorities and other administrative units classified in the public finance sector;

 

- objects entered to the list of museum inventories, being part of national library stock and national archive resources.

 

All the above mentioned cultural goods may be temporarily exported abroad after obtaining a permit for temporary export abroad. A ban on exports does not apply to the return of national treasures in cases specified in the Act of 25 May 2017 on restitution of national treasures (consolidated text Journal of Laws of 2019, item 1591).

6.3

The following cultural goods do not require a permit for export abroad:

 

- objects not belonging to categories specified in Article 51, Paragraph 1 of the Act of 23 July 2003 on the protection and care of monuments, not entered in the list of heritage treasures or museum inventories or not being part of national library stock;

 

- objects returnable in the territory of European Union state on the basis of a final judgment enforcing the return of foreign national cultural goods referred to in article 18, Paragraph 1 of the Act of 25 May 2017 on restitution of national treasures;

 

- objects brought from the territory of a non-EU Member Country and subject to inward processing procedure in the meaning of the customs law rules;

 

- objects brought from the territory of a non-EU Member Country and placed under the marketing authorisation procedure free of import duties if their export takes place before 5 years have elapsed from the day of market authorisation;

 

- objects brought from the territory of an EU Member State for a period not longer than 3 years if their export takes place in the territory of an EU Member State;

 

- objects brought from abroad by persons who have privileges or diplomatic immunity, including objects brought for the purpose of furnishing the interiors of diplomatic premises and consular offices;

 

- works of art by living artists not entered to museum inventories or not being part of national library stock;

 

- works of art by living artists returnable in the territory of European Union country on the basis of a final judgment enforcing the return of foreign national cultural goods referred to in article 18, Paragraph 1 of the Act of 25 May 2017 on restitution of national treasures;

 

- objects transited through the territory of the Republic of Poland from the territory of an EU Member State to a non-EU Member Country and falling within the categories A.1-A.15 listed in the Annex to Council Regulation (EC) No. No 116/2009 of 18 December 2008 on the export of cultural goods (OJ L 39, 10/02/2009) if their value is lower than the financial thresholds mentioned under B of this Annex.

 

- objects accompanied by a confirmation of import issued by a customs unit or Border Guard.

6.4

A Border Guard or customs unit may require the person exporting a cultural good to present a document confirming that the exported object is not subject to a permit for export. Such document is:

 

- assessment indicating the time the object was created, carried out by cultural institution specialising in care over objects, an expert of the minister competent for culture and protection of national heritage, an economic operator specialized in objects marketing in the territory of the Republic of Poland or a public authority;

 

- value assessment of the object carried out by cultural institution specialising in care over objects, an expert of the minister competent for culture and protection of national heritage or an economic operator specialized in objects marketing in the territory of the Republic of Poland;

 

- invoice with details for identification of the object, made out by an economic operator specialized in objects marketing in the territory of the Republic of Poland;

 

- confirmation of import into the territory of the Republic of Poland of the object, including a photograph of the object, made out at border crossings by customs unit and in the absence thereof by Border Guard Unit. The confirmation is made out only when it is clear from the annexed documents enabling unambiguous identification of the object and its age and value that it belongs to the category of objects referred to in article 51, paragraph 1 of the Act of 23 July 2003 on the protection and care of monuments;

 

- carriage insurance of the object in the territory of the Republic of PolanPoland;

 

- permit for export from the territory of another European Union Member State.

6.5

A permit for import of cultural goods is not required. If however the import is from a non-EU Member Country, the object shall be subject to customs declaration in order to be placed under the marketing authorisation procedure or another customs procedure.

 

However, the introduction of cultural goods referred to in Part A of the Annex Regulation (EU) 2019/880 Of The European Parliament and of the Council of 17 April 2019 (Journal of Laws L 151 07 June 2019, p. 1-14) which were removed from the territory of the country where they were created or discovered in breach of the laws and regulations of that country shall be prohibited.

 

Moreover, restrictions concerning export of cultural goods applicable in the Country from which such export takes place, should be taken into account. Additionally, on the basis of the Council Regulation (EC) No 1210/2003 of 7 July 2003 and (EU) No 1332/2013 of 13 December 2013, prohibition of import, export or transfer of ownership of cultural property from Iraq and Syria and other goods of archeological, historical, cultural, religious or scientific importance.

 

On the websites of International Council of Museums (ICOM) (http://icom.museum/en/resources/red-lists/) red lists are included which indicate the categories of goods which are widely recognised as most valuable for world heritage and are prohibited to be exported and for which there is high demand in the global art market.

 

 

7.

RULES FOR MOVEMENTS OF FOREIGN CURRENCIES

7.1

The control of foreign exchange with other countries is provided at airport border crossing points on the basis of rules of the Act of 27 July 2002 “Exchange Control Law” (Journal of Laws No. No 141 Item 1178 with later amendments) and its implementing provisions as well as Regulation (EC) No.No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community (OJ L 309, 25/11/2005, p. 9).

7.2

Any natural person entering or leaving the Community and carrying cash of a value of EUR 10 000 or more shall, in accordance with Article 3 of Regulation (EC) No. No 1889/2005, declare that sum to the competent authorities of the Member State through which he is entering or leaving the Community. The obligation to declare shall not have been fulfilled if the information provided is incorrect or incomplete.

7.3

The control of foreign exchange with other countries is exercised by Tax and Customs Service officers at border crossing points established for traffic of persons at passenger terminals. The purpose of the control is to check whether the import and export of foreign exchange and national currency units take place in accordance with the applicable law.