Outline of the system
According to Regulation no. 388/1989, Directors of Customs are unauthorised to clear through customs new or used mobile or other construction machinery, which are subject to the said Regulation, prior to a declaration in relation thereto issued by the Administration of Occupational Safety and Health. At present the process is as follows:
The importer shall apply for the registration of each mobile and the construction machinery he or she intends to import by filling in a special application form. The Administration of Occupational Safety and Health then allocates a specific registration number to the machinery, writes the number down on the application form which is then returned to the importer. In most cases this will be accomplished by the use of a fax-machine and the application will thus be dealt with in few minutes. By then the Administration of Occupational Safety and Health has fulfilled its task concerning the customs registration of the machinery. Subsequent to the registration of the machinery the Administration of Occupational Safety and Health will inspect all machinery subject to inspection in accordance with Regulation no. 388/1989, and at present this means that the machinery's compliance with the requirements of Regulation no. 761/2001 on Machinery and Technical Equipment will be checked.
This procedure concerns the following categories of machinery listed in the Annex to Regulation no. 388/1989:
Tower cranes, mobile cranes bigger than 18 MT, overhead cranes, cranes smaller than 18 MT, excavators heavier than 4,000 kg., wheel loaders, bulldozers, motor grades, industrial tractors, forklift truck 10 MT capacity, compactors, asphalt pavers, drilling rigs, grinding and screening installations, mobile work platforms.
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 said procedure serves the sole purpose of compiling a list of the machinery, subject to inspection in accordance with Regulation no. 388/1989, in order to facilitate its subsequent registration and inspection. This procedure does not impose any import restrictions, except those referred to in answer No. 3. Since the procedure has produced very good results and no complaints have been filed, there has been no reason to replace it.
Questions for products under restriction as to the quantity or value of imports
There are no restrictions on quantity or value.
The system applies to products originating from which country?
No distinction is made as to the question of origin provided the machinery meets the requirements of Regulation no. 761/2001, containing, inter alia, provisions regarding CE-labelling and declaration of conformity.
Expected duration of licensing procedure
Is the licensing statutorily required?
The Act on Working Conditions and Occupational Health and Safety no. 46 of 28 May 1980; Regulation on Registration and Inspection of Mobile and Other Construction Machinery no. 388/1989; Regulation on Machinery and Technical Equipment no. 761/2001.
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?
No demands are made as to who applies for registration of the machinery.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Submission of an application
Administrative body(ies) for submission of an application
What information is required in applications?
All new machines for public works and change of ownership of older machines must be registered at the Administration of Occupational Safety and Health. In the case of a new model, a declaration of conformity is requested in accordance with Regulation no. 761/2001.
Information required for the registration, are: registration number (licence plate number), name, address and ID number of owner and former owner, type of equipment, production year, production country, production number, weight of machine, size of engine, horsepower, name of insurance company, lifting capabilities (for cranes and fork lift trucks) and type of fuel used.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
No time limits have been set concerning the application for registration of the machinery. The importer may apply for registration at his or her convenience.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No such limits.
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?
The application form signed by the Administration of Occupational Safety and Health, thus confirming the registration of the machinery, serves subsequently as a document when the importer clears the machinery through customs with the customs authorities in question.
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?
Fees and other administrative charges
Is there any licensing fee or administrative charge?
What is the amount of the fee or charge?
A registration fee amounting USD 30 is collected. The registration fee and the fee charged for the first inspection of the machinery are collected simultaneously.
Is there any deposit or advance payment required associated with the issue 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?
Registration is never refused. Where information on the application form is insufficient or incorrect, the importer in question is contacted and the application jointly adjusted and then taken care of.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
No period of validity has been determined.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
The machinery will not be cleared through customs unless a signed application for registration is at hand.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Is a licence required as a condition to obtaining foreign exchange?
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?
A form has to be filled out with the name and the ID number of the importer.