Outline of the system
Permits for import/export of ozone depleting substances and alternative substances are issued in accordance with the Law on the Protection against Adverse Impacts of Climate Change (Official Gazette of MNE, No.073/19, dated 27.12.2019) and the Decree on ozone depleting substances and alternative substances (OG MNE, No.5/11). Also, on 23 October 2006 Montenegro ratified by means of succession the Vienna Convention on ozone layer protection, the Montreal Protocol on ozone depleting substances and the Amendments to the Montreal Protocol. One of the obligations under the Montreal protocol was to establish import/export licences to control consumption of ozone depleting substances. Montenegro operated under Article 5 of Montreal protocol and it is in compliance with the provisions of the Protocol.
Import licenses are required for:
- Ozone depleting substances and alternative substances
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. In the case of ozone depleting substances, the licensing intends to control the quantity of imports because it is related to the protection of the environment and fulfilling the obligation in accordance with the international agreements: the Vienna Convention and the Montreal Protocol. No alternative methods were considered.
Questions for products under restriction as to the quantity or value of imports
See answers 6.1-6.11
The system applies to products originating from which country?
The system applies to goods originating and coming from all countries. Import is forbidden for countries that are not parties to the Montreal protocol on ozone depleting substances.
Expected duration of licensing procedure
Is the licensing statutorily required?
The licensing is maintained in accordance with:
- Law on the Protection against Adverse Impacts of Climate Change (Official Gazette of MNE, No.073/19, dated 27.12.2019);
- The Decree on ozone depleting substances and alternative substances ("OG MNE", No.5/11);
- The Law on ratification of The Vienna Convention for the Protection of the Ozone Layer with Annexes I and II ("Official Gazette of SFRJ" – International agreements, No.1/90);
- The Law on ratification of The Montreal Protocol on Substances that Deplete the Ozone Layer ("Official Gazette of SFRJ" – International agreements, No.16/90);
- The Law on ratification of the Amendments to The Montreal Protocol on Substances that Deplete the Ozone Layer ("Official Gazette of Serbia and Montenegro" - International agreements, No.24/04).
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?
The application for import of ozone depleting substances and alternatives substances must contain the following:
- Written request for permits for import/export of ozone depleting substances and alternatives substances which contains the following information: name and type of goods; heading tag or label of goods tariff; the amount of goods in units of measure; information about the person who imports and exports the goods (name, address, registration, and registration number); indication of the state of origin of goods; the name of the company that supplied the goods and the country from which goods are supplied; border crossing;
- A copy of the invoice or pro-invoice companies that supplied goods; and,
- Evidence that the importer / exporter is registered to carry out these activities;
- 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?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
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?
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 the amount of 40 EUR for each imported consignment of ozone depleting substances
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?
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 depleting 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.
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?
The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)
Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Imports of ozone depleting substances (ODS) are under the quota system. Procedure for quota system for import of the ozone depleting substances are prescribed by the Decree on ozone depleting substances and alternative substances ("OG MNE", No.5/11).
Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?
A quota for import of ozone depleting substances is determined on an annual basis and written application of importer for setting annual quota have to be submitted to the NEPA not later than 1st December of the current year for the following year. The licences for import are issued for each import separately.
Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)
The licenses are not allotted for certain goods partly or only to domestic procedures of like goods. Legal person or entrepreneur performing the imports of ODS are obligated to submit proof to the NEPA Unified Customs Document of imported or exported amounts of ODS for each issued permit, not later than three days after the performed import or export of such substances. Unused allocations are not added to quotas for the next year. Also, all issued licences are published on the NEPA web site.
From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Written application of importer for setting annual quota for ODS imports, have to be submitted to the NEPA not later than 1st December of the current year for the following year. An application for obtaining import permit for import of ODS could be submitted as soon as quotas are allocated for the year for which the quota is allocated.
What are the minimum and maximum lengths of time for processing applications?
Length of time for processing application is prescribed by the Law on Administrative Procedure. Processing time is up to 30 days.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Import can be done immediately after obtaining import licence (date of issuance of the licence is stated on the licence).
Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
NEPA is a Single administrative body for consideration of licence applications.
If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Quotas usually satisfy demand, as they are referred to substances whose consumption is phasing out. All applications are examined simultaneously and allocation of quota is made on the past performance. In the case of new importers of ODS, they will be given 10% from total annual quota. This is in accordance with the recommendation and experience from EU and region countries.
In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Through the communication between country authorities in charge of the implementation of the Montreal protocol.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
There are no such products.