Basic information
Outline of the system
The licensing of trade in fuel and energy is regulated by the Energy Act and is administered by Energy Market Inspection. The Energy Act does not regulate import of turf and biological fuel.
Product coverage
Imports of fuel and electric energy are subject to non-automatic licensing.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-automatic
Products under restriction as to the quantity or value of imports
Licensing is intended to protect the consumers who use the goods covered by the Energy Act.
Questions for products under restriction as to the quantity or value of imports
No quantitative restrictions.
The system applies to products originating from which country?
The system applies to goods originating in and coming from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The licensing of trade in fuel and energy is based on the Energy Act which has been published in Riigi Teataja I 2001 No. 52 Article 303.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for import licences except:
market licence for the import of liquid fuel (except liquefied gas) may be applied for and held by an undertaking whose share capital is at least EEK 10 million and who undertakes to store minimum stocks of liquefied fuel if such obligation is prescribed by law.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
In order to be issued a market licence, the applicant shall submit an application to the Energy Market Inspectorate containing at least the following information:
- The business name of the undertaking;
- the address of the seat and place of business;
- the telecommunications numbers;
- the commercial registry code;
- areas of activity according to Energy Act subsection 9(2).
What documents is the importer required to supply with the application?
The following shall be appended to an application:
- A copy of the registry card from the commercial register;
- a copy of the articles of association of the company;
- a statement from the local Tax Board Office certifying the absence of tax arrears;
- the approved annual report for the previous year;
- a list of goods and services which the applicant for a licence intends to sell, export or import which the applicant sells, exports or imports, and turnover of the previous financial year;
- a schematic plan and a description of the licensed territory of the network operator;
- a certificate from the Customs Board confirming the absence of tax arrears if the activity licence is applied for to engage in import;
- written confirmation from the applicant that the applicant has the technical capability and personnel with the necessary skills to operate in the area of activity indicated in the application and that the applicant's activities comply with the environmental protection and occupational safety requirements and other requirements prescribed by legislation.
A company which is being founded shall be issued a market licence for up to two years and the following shall be appended to the application:
- A certified copy of the memorandum of association, foundation resolution or partnership agreement;
- a copy of the articles of association of the company;
- a list of goods and services which the applicant for a licence intends to sell, export or import;
- a schematic plan and a description of the licensed territory of the network operator;
- written confirmation from the applicant that the applicant has the technical capability and personnel with the necessary skills to operate in the area of activity indicated in the application and that the applicant's activities comply with the environmental protection and occupational safety requirements and other requirements prescribed by legislation.
Window of submission of an application
How far in advance of importation must application for a licence be made?
It is up to the applicant to decide when to apply for a licence, knowing that the document will be issued within a maximum of 30 days of receipt of the application in case of starting the activities, and within a maximum of 60 days of receipt of the application in the case of the continuation of the activities.
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 application for licence and/or importation may be made.
Issuing the license
Can a licence be granted immediately on request?
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Must the applications be passed on to other organs for visa, note or approval?
An importer has to approach only one administrative organ in connection with an application.
Are there any other conditions attached to the issue of a licence?
There are no other conditions attached to the issuance of a licence.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
- Import and sale of fuel – 30,000 EEK per year
- Import and sale of electric power – 30,000 EEK per year
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issuance of licences.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
None.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are given to the applicant in writing. In the event of refusal to issue a licence, the applicant has a right of appeal pursuant to the procedure provided by law.
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Upon actual importation, an importer is required to submit the approved import licence. Upon importation of liquid fuel, the importer is required to submit the certificate of conformity of liquid fuel to the customs authorities. Importation for free circulation, storage and sale of liquid fuel, which does not comply with quality requirements is prohibited.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures, apart from import licensing required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
A company shall be issued a market licence for up to two years. Market licences are issued for a term of up to five years for import and sale of fuel and for a term of up to 12 years for import and sale of electric power.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
In case an importer has not engaged in the licensed activities during 12 months, the licence will be revoked.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange is automatically provided by the banking authorities for the goods to be imported.