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Document 02019D0310-20220407
Council Implementing Decision (EU) 2019/310 of 18 February 2019 authorising Poland to introduce a special measure derogating from Article 226 of Directive 2006/112/EC on the common system of value added tax
Consolidated text: Council Implementing Decision (EU) 2019/310 of 18 February 2019 authorising Poland to introduce a special measure derogating from Article 226 of Directive 2006/112/EC on the common system of value added tax
Council Implementing Decision (EU) 2019/310 of 18 February 2019 authorising Poland to introduce a special measure derogating from Article 226 of Directive 2006/112/EC on the common system of value added tax
02019D0310 — EN — 07.04.2022 — 001.001
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COUNCIL IMPLEMENTING DECISION (EU) 2019/310 of 18 February 2019 (OJ L 051 22.2.2019, p. 19) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 108 |
51 |
7.4.2022 |
COUNCIL IMPLEMENTING DECISION (EU) 2019/310
of 18 February 2019
authorising Poland to introduce a special measure derogating from Article 226 of Directive 2006/112/EC on the common system of value added tax
Article 1
By way of derogation from Article 226 of Directive 2006/112/EC, Poland is authorised to introduce a special statement that VAT shall be paid to the separate and blocked VAT bank account of the supplier opened in Poland on invoices issued in relation to supplies between taxable persons of goods and services listed in the Annex to this Decision where payments for supplies are made by electronic bank transfers.
Article 2
Poland shall notify the national measure referred to in Article 1 to the Commission.
Where Poland considers that the extension of the measure referred to in Article 1 is necessary, it shall submit a request for an extension to the Commission, together with a report on its overall impact on the level of VAT fraud and on the taxable persons concerned.
Article 3
This Decision shall take effect on the date of its notification.
This Decision shall apply from 1 March 2019 to ►M1 28 February 2025 ◄ .
Article 4
This Decision is addressed to the Republic of Poland.
ANNEX
LIST OF SUPPLIES OF GOODS AND SERVICES COVERED BY ARTICLE 1
Article 1 shall apply to the following supplies of goods and services described according to the Polish Classification of Goods and Services (PKWiU 2015)
Item |
PKWiU 2015 |
Name of goods (group of goods) / services (group of services) |
1 |
05.10.10.0 |
Hard coal |
2 |
05.20.10.0 |
Lignite |
3 |
ex 10.4 |
Animal and vegetable oils and fats – exclusively rape oil |
4 |
19.10.10.0 |
Coke and semi-coke of coal and lignite or of peat; retort carbon |
5 |
19.20.11.0 |
Briquettes, ovoids and similar solid fuels manufactured from coal |
6 |
19.20.12.0 |
Briquettes, ovoids and similar solid fuels manufactured from lignite |
7 |
ex 20.59.12.0 |
Emulsions for surface sensitisation for use in photography; chemical preparations for use in photography, not elsewhere classified (n.e.c.) – exclusively toners without a print head for printers for automatic data-processing machines |
8 |
ex 20.59.30.0 |
Typewriter ink, draft ink and other inks – exclusively ink cartridges without a print head for printers for automatic data processing machines |
9 |
ex 22.21.30.0 |
Plates, sheets, film, foil, strip and plastic strips, non-cellular, not reinforced, laminated or combined with other materials – exclusively stretch foil |
10 |
24.10.12.0 |
Ferro-alloys |
11 |
24.10.14.0 |
Pig iron and specular pig iron or steel, in the form of granules or powder |
12 |
24.10.31.0 |
Flat rolled products of non-alloy steel, hot-rolled, of a width of >= 600 mm |
13 |
24.10.32.0 |
Flat rolled products of non-alloy steel, hot-rolled, of a width of < 600 mm |
14 |
24.10.35.0 |
Flat rolled products of other alloy steel, hot-rolled, of a width of >= 600 mm, excluding products of electrical silicon steel |
15 |
24.10.36.0 |
Flat rolled products of other alloy steel, hot-rolled, of a width of < 600 mm, excluding products of electrical silicon steel |
16 |
24.10.41.0 |
Flat rolled products of non-alloy steel, cold-rolled, of a width of >= 600 mm |
17 |
24.10.43.0 |
Flat rolled products of other alloy steel, cold-rolled, of a width of >= 600 mm, excluding products of electrical silicon steel |
18 |
24.10.51.0 |
Flat rolled products of non-alloy steel, of a width of >= 600 mm, clad, plated or coated |
19 |
24.10.52.0 |
Flat rolled products of other alloy steel, of a width of >= 600 mm, clad, plated or coated |
20 |
24.10.61.0 |
Bars and rods, hot rolled, in irregularly wound coils, of non-alloy steel |
21 |
24.10.62.0 |
Other bars and rods of steel, not further worked than forged, hot rolled, hot-drawn or extruded, but including those twisted after rolling |
22 |
24.10.65.0 |
Bars and rods, hot rolled, in irregularly wound coils, of other alloy steel |
23 |
24.10.66.0 |
Other bars and rods of other alloy steel, not further worked than forged, hot rolled, hot-drawn or extruded, but including those twisted after rolling |
24 |
24.10.71.0 |
Open sections, not further worked than hot rolled, hot-drawn or extruded, of non-alloy steel |
25 |
24.10.73.0 |
Open sections, not further worked than hot rolled, hot-drawn or extruded, of other alloy steel |
26 |
24.20.11.0 |
Line pipe of a kind used for oil or gas pipelines, seamless, of steel |
27 |
24.20.12.0 |
Casing, tubing and drill pipe, of a kind used in the drilling for oil or gas, seamless, of steel |
28 |
24.20.13.0 |
Other tubes and pipes, of circular cross section, seamless, of steel |
29 |
24.20.31.0 |
Line pipe of a kind used for oil or gas pipelines, welded, of an external diameter of <= 406,4 mm, of steel |
30 |
24.20.33.0 |
Other tubes and pipes, of circular cross section, welded, of an external diameter of <= 406,4 mm, of steel |
31 |
24.20.34.0 |
Tubes and pipes, of non-circular cross-section, welded, of an external diameter of <= 406,4 mm, of steel |
32 |
24.20.40.0 |
Tube or pipe fittings of steel, not cast |
33 |
24.31.10.0 |
Bars, angles, sections and solid profiles of non-alloy steel, cold drawn |
34 |
24.31.20.0 |
Bars, angles, sections and solid profiles of other alloy steel, cold drawn |
35 |
24.32.10.0 |
Flat steel products, not further worked than cold rolled, of a width of < 600 mm, uncoated |
36 |
24.32.20.0 |
Flat rolled steel products, not further worked than cold rolled, of a width of < 600 mm, clad, plated or coated |
37 |
24.33.11.0 |
Open sections of non-alloy steel, cold formed or cold folded |
38 |
24.33.20.0 |
Ribbed sheets of non-alloy steel |
39 |
24.34.11.0 |
Cold drawn wire of non-alloy steel |
40 |
24.41.10.0 |
Unwrought silver or in semi-manufactured form or in powder form |
41 |
ex 24.41.20.0 |
Unwrought gold or in semi-manufactured form or in powder form, excluding investment gold within the meaning of Article 121 of the Act on goods and services tax, subject to item 43 |
42 |
24.41.30.0 |
Unwrought platinum or in semi-manufactured form or in powder form |
43 |
irrespective of the PKWiU symbol |
Investment gold within the meaning of Article 121 of the Act on goods and services tax |
44 |
ex 24.41.40.0 |
Base metals or silver, plated with gold, not further worked than in semi-manufactured form – exclusively silver, gold-plated, not further worked than in semi-manufactured form |
45 |
ex 24.41.50.0 |
Base metals plated with silver and base metals, silver or gold, plated with platinum, not further worked than in semi-manufactured form – exclusively gold and silver, platinum-plated, not further worked than in semi-manufactured form |
46 |
24.42.11.0 |
Unwrought aluminium |
47 |
24.43.11.0 |
Unwrought lead |
48 |
24.43.12.0 |
Unwrought zinc |
49 |
24.43.13.0 |
Unwrought tin |
50 |
24.44.12.0 |
Copper, unrefined; copper anodes for electrolytic refining |
51 |
24.44.13.0 |
Refined copper and copper alloys, unwrought; master alloys of copper |
52 |
24.44.21.0 |
Powders and flakes of copper and its alloys |
53 |
24.44.22.0 |
Flat bars, rods, sections and wire rod, of copper and its alloys |
54 |
24.44.23.0 |
Wires of copper and its alloys |
55 |
24.45.11.0 |
Unwrought nickel |
56 |
ex 24.45.30.0 |
Other non-ferrous metals and products made of the same; cermets; ashes and residues containing metals and metal compounds – exclusively non-precious metal waste and scrap |
57 |
ex 25.11.23.0 |
Other structures and parts of structures; plates, rods, angles, shapes and the like, of iron, steel or aluminium – exclusively of steel |
58 |
ex 25.93.13.0 |
Cloth, grills, netting and fencing, of iron, steel or copper wire; expanded metal, of iron, steel or copper – exclusively of steel |
59 |
ex 26.11.30.0 |
Electronic integrated circuits – exclusively processors |
60 |
26.20.1 |
Computers and other automatic data processing machines and parts and accessories therefor |
61 |
ex 26.20.21.0 |
Memory units – exclusively hard drives (HDDs) |
62 |
ex 26.20.22.0 |
Solid state storage devices – exclusively SSDs |
63 |
ex 26.30.22.0 |
Cellular phones or other wireless networks – exclusively mobile phones, including smartphones |
64 |
26.40.20.0 |
Television receivers, whether or not combined with radio-broadcast receivers or sound or video recording or reproduction apparatus |
65 |
ex 26.40.60.0 |
Video game consoles (such as those used with a television set or a stand-alone screen) and other gaming or game of chance apparatus with electronic display – excluding parts and accessories |
66 |
26.70.13.0 |
Digital cameras and digital camcorders |
67 |
27.20.2 |
Electric accumulators and parts thereof |
68 |
28.11.41.0 |
Parts for spark-ignition internal combustion engines, excluding parts for aircraft engines |
69 |
ex 28.23.22.0 |
Parts and accessories for office machines – exclusively ink cartridges and print heads for printers for automatic data-processing machines, toners with print head for printers for automatic data processing machines |
70 |
ex 29.31.10.0 |
Ignition cable harnesses and other wiring sets of a kind used in vehicles, aircraft or watercraft – exclusively ignition cable harnesses and other wiring sets of a kind used in vehicles |
71 |
29.31.21.0 |
Sparking plugs; ignition magnetos; magneto-dynamos; magnetic flywheels; distributors; ignition coils |
72 |
29.31.22.0 |
Starter motors and dual purpose starter-generators; other generators and other equipment for combustion engines |
73 |
29.31.23.0 |
Electrical signalling equipment, windscreen, defrosters and demisters for motor vehicles |
74 |
29.31.30.0 |
Parts of other electrical equipment for motor vehicles |
75 |
29.32.20.0 |
Safety seat belts, airbags and parts and accessories of bodies |
76 |
29.32.30.0 |
Parts and accessories for motor vehicles n.e.c., excluding motorcycles |
77 |
30.91.20.0 |
Parts and accessories of motorcycles and side-cars |
78 |
ex 32.12.13.0 |
Jewellery and other jewellery as well as parts thereof, made of precious metal or metal plated with precious metal – exclusively parts of jewellery and parts of other gold, silver and platinum jewellery, i.e. unfinished or incomplete jewellery and distinct parts of jewellery, including covered or plated with precious metal |
79 |
38.11.49.0 |
Used vehicles, computers, televisions and other devices intended for scrapping |
80 |
38.11.51.0 |
Glass waste |
81 |
38.11.52.0 |
Paper and paperboard waste |
82 |
38.11.54.0 |
Other rubber waste |
83 |
38.11.55.0 |
Plastic waste |
84 |
38.11.58.0 |
Metal-containing waste other than hazardous waste |
85 |
38.12.26.0 |
Hazardous metal waste |
86 |
38.12.27 |
Waste and defective electric cells and accumulators; spent galvanic cells and batteries and electric accumulators |
87 |
38.32.2 |
Metal secondary raw materials |
88 |
38.32.31.0 |
Secondary raw material of glass |
89 |
38.32.32.0 |
Secondary raw material of paper and paperboard |
90 |
38.32.33.0 |
Secondary raw material of plastic |
91 |
38.32.34.0 |
Secondary raw material of rubber |
92 |
|
Motor spirit, diesel oil, fuel gas – within the meaning of the provisions on excise duty |
93 |
|
Heating oil and lubricating oil – within the meaning of the provisions on excise duty |
94 |
ex 58.29.11.0 |
Operating system software packages – exclusively SSD |
95 |
ex 58.29.29.0 |
Other software packages – exclusively SSDs |
96 |
ex 59.11.23.0 |
Other videos and video recordings on disks, magnetic tapes and similar media – exclusively SSDs |
97 |
irrespective of the PKWiU symbol |
GHG emission allowance transfer services referred to in the Act of 12 June 2015 on Greenhouse Gas Emission Trading Scheme (Official Journal of 2021 item 332) |
98 |
41.00.3 |
Construction work on residential buildings (works on the construction of new buildings, reconstruction or renovation of existing buildings) |
99 |
41.00.4 |
Construction work on non-residential buildings (works on the construction of new buildings, reconstruction or renovation of existing buildings) |
100 |
42.11.20.0 |
General construction works involving the construction of motorways, roads, streets and other roads for vehicles and pedestrians and the construction of runways |
101 |
42.12.20.0 |
General construction works involving the construction of railways and subways |
102 |
42.13.20.0 |
General construction works involving the construction of bridges and tunnels |
103 |
42.21.21.0 |
General construction works involving the construction of transmission pipelines |
104 |
42.21.22.0 |
General construction works involving the construction of distribution networks, including auxiliary works |
105 |
42.21.23.0 |
General construction works involving the construction of irrigation systems (sewers), bus and water lines, facilities for water treatment and sewage treatment and pump stations |
106 |
42.21.24.0 |
Works involving the drilling of wells and water intakes and installation of septic tanks |
107 |
42.22.21.0 |
General construction works involving the construction of telecommunications and power transmission lines |
108 |
42.22.22.0 |
General construction works involving the construction of telecommunications and power distribution lines |
109 |
42.22.23.0 |
General construction works involving the construction of power plants |
110 |
42.91.20.0 |
General construction works involving the construction of wharves, ports, dams, locks and related hydro-technical facilities |
111 |
42.99.21.0 |
General construction works involving the construction of production and mining facilities |
112 |
42.99.22.0 |
General construction works involving the construction of stadiums and sports fields |
113 |
42.99.29.0 |
General construction works involving the construction of other civil engineering structures, n.e.c. |
114 |
43.11.10.0 |
Works involving demolition of buildings |
115 |
43.12.11.0 |
Works involving the preparation of the site for construction, excluding earthworks |
116 |
43.12.12.0 |
Earthworks: digging, ditch digging and earth moving jobs |
117 |
43.13.10.0 |
Works involving the excavation and geological-engineering drilling |
118 |
43.21.10.1 |
Works involving the execution of electrical safety installations |
119 |
43.21.10.2 |
Works involving the implementation of other electrical installations |
120 |
43.22.11.0 |
Works involving the execution of plumbing and drainage works |
121 |
43.22.12.0 |
Works involving the execution of heating, ventilation and air conditioning systems |
122 |
43.22.20.0 |
Works involving the execution of gas installations |
123 |
43.29.11.0 |
Insulation work |
124 |
43.29.12.0 |
Installation of fencing |
125 |
43.29.19.0 |
Other installation works n.e.c. |
126 |
43.31.10.0 |
Plastering works |
127 |
43.32.10.0 |
Installation work for carpentry |
128 |
43.33.10.0 |
Works involving the laying the floor and facing the walls |
129 |
43.33.21.0 |
Works involving the laying of terrazzo, marble, granite or slate on floors and walls |
130 |
43.33.29.0 |
Other works involving the laying of floors and walls (including wallpapering), n.e.c. |
131 |
43.34.10.0 |
Painting works |
132 |
43.34.20.0 |
Glass-making works |
133 |
43.39.11.0 |
Works involving the decoration |
134 |
43.39.19.0 |
Works involving the execution of other finishing works, n.e.c. |
135 |
43.91.11.0 |
Works involving the construction of roof structures |
136 |
43.91.19.0 |
Works involving other roofing work |
137 |
43.99.10.0 |
Works involving the installation of damp-proof and waterproof insulation |
138 |
43.99.20.0 |
Works involving the assembly and dismantling of scaffolding |
139 |
43.99.30.0 |
Works involving the construction of foundations, including pile driving |
140 |
43.99.40.0 |
Concrete works |
141 |
43.99.50.0 |
Works involving erection of steel structures |
142 |
43.99.60.0 |
Works involving the erection of brick and stone structures |
143 |
43.99.70.0 |
Works involving the assembly and erection of prefabricated structures |
144 |
43.99.90.0 |
Works involving the performance of other specialized works, n.e.c. |
145 |
45.31.1 |
Trade services of motor vehicle parts and accessories, excluding motorcycles |
146 |
45.32.1 |
Specialised store retail trade services of motor vehicle parts and accessories, excluding motorcycles |
147 |
45.32.2 |
Other retail trade services of parts and accessories of motor vehicles, excluding motorcycles |
148 |
ex 45.40.10.0 |
Wholesale trade services of motorcycles and related parts and accessories – exclusively sale of parts and accessories for motorcycles |
149 |
ex 45.40.20.0 |
Specialised store retail trade services of motorcycles and related parts and accessories – exclusively sale of parts and accessories for motorcycles |
150 |
ex 45.40.30.0 |
Other retail trade services of motorcycles and related parts and accessories – exclusively retail sale of parts and accessories for motorcycles |