Dangerous poisons, poisons and auxiliary chemical substances

Basic information

1

Outline of the system

The Czech Republic import licensing system is regulated by:

- Act No. 62/2000 Coll., On Some Measures in the Export or Import of Products and the Licensing Procedures and on the Change of some Acts;

- Government Regulation No. 185/2000 Coll., Determing Products That Can Be Imported to the Czech Republic or Exported from the Czech Republic only on the basis of a licence under Act 62/2000 Coll., as amended by Government Regulation No. 446/2000, and Government Regulation No. 495/2000 Coll.

The system is based on the premise that imports into the Czech Republic are free except where specific products are subject to automatic, non-automatic and security import licences maintained to monitor imports, protect health, life, safety and security.

Activities related to the operation of the import licensing system fall under the responsibility of the Ministry of Industry and Trade.

2

Product coverage

Dangerous poisons, poisons and auxiliary chemical substances, seeds and plants.

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Automatic import licensing is applied for statistical and monitoring purposes.

Non-Automatic

4

If Non-Automatic, description of the notified Non-Automatic Licensing regime

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Products under restriction as to the quantity or value of imports

The licensing is not intended to restrict the quantity or value of imports.

6

Questions for products under restriction as to the quantity or value of imports

Not applicable (no quantitative restrictions).

7

The system applies to products originating from which country?

It applies to products originating in and coming from all countries.

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Expected duration of licensing procedure

Eligibility of applicants

12

Is there a system of registration of persons or firms permitted to engage in importation?

13

What persons or firms are eligible to apply for a licence?

As a rule, all natural or legal persons domiciled in the Czech Republic, irrespective of nationality or origin, are eligible to apply for a licence, provided their economic activities have been registered in the Czech Republic.

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

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Ministry/Authority

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Address

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Telephone

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Fax

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E-mail address

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Website

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Contact officer

Submission of an application

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Administrative body(ies) for submission of an application

Documentation requirements

24

What information is required in applications?

A sample of the application is contained in Annex 6 to Government Regulation No. 185/2000 Coll., as amended.2

The application for a licence contains the usual information regarding the importer, product(s) in question and purpose of the import.

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What documents is the importer required to supply with the application?

The following documents have to be annexed to the application:

- extract from the commercial register or trade licence;
- contract for the importation of the product in question;
- other documents as set forth in Government Regulation No.185/2000 Coll., as amended (such as approval of the Ministry of Environment in case of imports of waste and dangerous chemical products, of the Ministry of Health in case of imports of pharmaceutical products, of the State Office for Nuclear Safety in case of imports of radioactive materials).

Window of submission of an application

26

How far in advance of importation must application for a licence be made?

Generally, the application for a licence is not restricted in time, unless otherwise provided in the implementing legislation. According to Government Regulation 185/2000 Coll., as amended, the applications for a licence for products subject at present to automatic licensing have to be made no sooner than 45 days prior to the period of utilization of a licence. The Ministry of Industry and Trade has 14 days to process the application.

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Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

There are no limitations as to the period of the year during which the applications can be made.

Issuing the license

28

Can a licence be granted immediately on request?

The licence cannot be granted immediately on request.

29

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

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Which administrative body is responsible for approving application of licences?

Only the Ministry of Industry and Trade has the authority to issue licences.

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Must the applications be passed on to other organs for visa, note or approval?

Only the Ministry of Industry and Trade has the authority to issue licences.

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Are there any other conditions attached to the issue of a licence?

No.

Fees and other administrative charges

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Is there any licensing fee or administrative charge?

The administrative fee is set at the level of 500 CZK.

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What is the amount of the fee or charge?

The administrative fee is set at the level of 500 CZK.

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Is there any deposit or advance payment required associated with the issue of licences?

No deposit or advance payment is required in connection with the issue of licences.

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Amount or rate?

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Is it refundable?

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What is the period of retention?

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What is the purpose of this requirement?

Refusal of an application

40

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

The application for a licence shall be refused if it does not meet the set requirements.

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Are the reasons for any refusal given to applicants?

The reasons for any refusal are communicated to the applicant, who has a right of appeal to the Ministry of Industry and Trade and, at a second instance, to the court.

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Have applicants a right of appeal in the event of refusal to issue a licence?

The reasons for any refusal are communicated to the applicant, who has a right of appeal to the Ministry of Industry and Trade and, at a second instance, to the court.

43

If so, to what bodies and under what procedures?

The reasons for any refusal are communicated to the applicant, who has a right of appeal to the Ministry of Industry and Trade and, at a second instance, to the court.

Importation

44

Are there any limitations as to the period of year during which importation may be made?

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What documents are required upon actual importation?

In addition to the automatic license, the documents usually required by the customs services have to be submitted.

46

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

There are no other administrative procedures required to importation apart from health, veterinary, sanitary and quality regulations.

Conditions of licensing

47

What is the period of validity of a licence? Can the validity be extended? How?

A licence is generally valid for a calendar year with the exception of poppy straw for which the period of validity is six months.

48

Is there any penalty for the non-utilization of a licence or a portion of a licence?

There is no penalty for the non-utilization of a licence.

49

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Licences are not transferable between importers.

Foreign Exchange

50

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

The foreign exchange is automatically provided for goods to be imported.

51

Is a licence required as a condition to obtaining foreign exchange?

A licence is not a condition for obtaining foreign exchange.

52

Is foreign exchange always available to cover licences issued?

53

What formalities must be fulfilled for obtaining the foreign exchange?