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We represented our client in a complaint procedure before the European Commission over the infringement of EU laws on the excise duty exemption of ethyl alcohol used to manufacture medicines by the provisions of the Polish Excise Tax Act.
The procedure before the Commission, initiated in 2013, concerned the provisions of the Polish Excise Duty Act which do not provide for a direct excise duty exemption for alcoholic beverages imported from third countries even though the relevant exemption was introduced (on certain conditions) for Intra-Community acquisitions from Member States and for domestic transactions.
The procedure initiated by the Commission may contribute to the Polish Excise Duty Act being amended and consequently may enable the pharmaceutical industry to simplify the supply chain for raw materials used to manufacture medicines imported to Poland.
Poland argued in the procedure before the Commission that the Polish law comply with EU law, it being possible to import goods under a duty suspension arrangement to a tax warehouse and then apply the exemption when the procedure is completed, and held that it initiated the procedure under article 258 of the Treaty on the Functioning of the European Union: http://ec.europa.eu/atwork/applying-eu-law/infringements-proceedings/infringement_decisions/index.cfm?lang_code=EN&r_dossier=20164007&noncom=0&decision_date_from=&decision_date_to=&active_only=0&title=&submit=Search
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: email@example.com.
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