Outline of the system
Permits for free movement of hazardous chemicals and adding biocide into a temporary list of biocides are issued in accordance with the Law on chemicals (OG MNE, No.51/17) and the Law on biocidal products ("OG MNE", No.54/16).
Import licenses are required for:
- Free movement of hazardous chemicals and adding biocide into a temporary list of biocides.
Nature of licensing
If Automatic, administrative purpose
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The issue of licenses is not intended to limit the quantities or value of imports, but exclusively with the purpose of adequate monitoring of the imported goods. No alternative methods were considered.
Questions for products under restriction as to the quantity or value of imports
The system applies to products originating from which country?
The system applies to goods originating and coming from all countries.
Expected duration of licensing procedure
Is the licensing statutorily required?
The licensing is maintained in accordance with:
- The Law on chemicals ("OG MNE", No.51/17);
- The Law on biocidal products ("OG MNE", No.54/16);
- The Rulebook on detailed conditions for storage and measures for safe keeping and use of hazardous chemicals ("OG MNE", No.61/18);
- The Decree on prohibition and restriction of the use, placing on the market and production of chemicals that presenting an unacceptable risk to human health and the environment ("OG MNE", No.70/18);
- The Rulebook on detailed contents of prior notification for export of chemicals ("OG of MNE", No.061/17);
- The Rulebook on list of dangerous chemicals and products which export is prohibited ("OG of MNE", No.071/18);
- The Rulebook on conditions for placing biocidal products on the market and use ("OG MNE", No.059/16);
- The Rulebook on content of the application for issuing permit for biocides ("OG MNE", -No.017/17);
- The Rulebook on the contents of the technical dossier and the basic data for biocides ("OG MNE", No.005/17; 9/18);
- The Foreign Trade Law ("Official Gazette of Republic Montenegro (OG RMNE)", No.28/04; 37/07 and "OG MNE", No.57/14);
- Decision to amend National Control list for export and import (OG MNE No.40/20);
- The Law on Administrative Procedure ("OG MNE", No.56/14; 20/15; 40/16; 37/17);
- The Decree on the implementation of the Foreign Trade Law ("OG RMNE", No.52/04; 44/07 and ("OG MNE", No.78/2017).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation does not leave designation of products to be subjected to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
It is possible for the government (or the executive branch) 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?
All legal persons or entrepreneurs registered in the Central Registry of the Commercial Court are eligible to apply for licences. Regarding permits for chemical, besides above, a legal person must meet the requirements in terms of personnel, facilities and equipment.
What persons or firms are eligible to apply for a licence?
All persons and companies that fulfil the conditions envisaged by the Law are eligible to apply for licenses.
Is there a registration fee?
There is no registration fee.
Is there a published list of authorized importers?
There is no published list of authorized operators.
Contact point for information on eligibility
Submission of an application
Administrative body(ies) for submission of an application
Nature and Environmental Protection Agency
What information is required in applications?
What documents is the importer required to supply with the application?
Written request for permits for free movement of hazardous chemicals has to contain the following information:
- Name and seat, or the name and address of the supplier, trade name and chemical name and address of the manufacturers of chemicals;
- Information on the method of packaging and labelling of chemicals;
- Information on the purpose and use of chemicals;
- Data on the quantity of chemicals;
- Information on the method of storage (location, description of facilities);
- Measures to be implemented for the safe keeping and storage of chemicals;
- Other information requested by the NEPA;
- Contract of insurance against liability for any damage that may result from the use of chemicals;
- Proof of the administrative fee payment.
For the request to adding the biocide into a temporary list of biocides, the applicant has to submit the basic information about the biocide:
- The name of the biocide’s manufacturer;
- Authorized representative of the biocide’s manufacturer;
- Identity of biocides and active substances in the biocide;
- Effectiveness of biocides;
- The content of the declaration;
- The method of use;
- Classification, packaging and labelling of biocides;
- Annex 4 of Rulebook on the contents of the technical dossier and the basic data for the biocide; and
- Proof of the administrative fee payment.
Window of submission of an application
How far in advance of importation must application for a licence be made?
There is no fixed time-limit for submitting an application before importation.
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 such limitations.
Issuing the license
Can a licence be granted immediately on request?
There is no such possibility.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
In accordance with the Law on Administrative Procedure length of time for processing application is 30 day from the day of receipt of the official request. License could be obtained in a shorter period than 30 days if all required documents are submitted.
Which administrative body is responsible for approving application of licences?
NEPA is a Single administrative body in charge of consideration of licence applications.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
There are no other conditions attached to the issue of a license.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There are administrative fees.
What is the amount of the fee or charge?
There are administrative fees as follows:
- Administrative fee in in the amount of 40 EUR for chemicals.
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment associated with the issue of licenses.
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?
In addition to non-fulfilling of the criteria prescribed by relevant legislation, application could be rejected in the case when applicant submits application for the goods that are not allowed for import.
Are the reasons for any refusal given to applicants?
Reasons for rejection of any form are given by NEPA to the applicant in a separate administrative act.
Have applicants a right of appeal in the event of refusal to issue a licence?
Decision may be appealed.
If so, to what bodies and under what procedures?
Decision may be appealed to the Ministry of Sustainable Development and Tourism in accordance with the Law on Administrative Procedure.
Are there any limitations as to the period of year during which importation may be made?
There are no such limitations.
What documents are required upon actual importation?
Importer must present valid license issued by NEPA along with standard customs documentation.
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?
The license is valid for the period specified in the license, but not longer than one year. In case of import of chemicals and ozone depleted substances and alternative substances the license is valid for the period specified in the license, or until the end of the current year.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of a license or a portion of a license.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licenses are not transferable between importers.
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange is automatically provided by the banking authorities for goods to be imported.