Ozone-depleting substances and products that may contain ozone depleting substances

Member: 

Basic information

1

Outline of the system

The import of ozone-depleting substances and goods that may contain ozone-depleting substances is subject to licensing. This system for import licensing aims at protecting the environment from ozone-depleting substances to comply with the requirements of the Montreal Protocol on the substances that deplete the ozone layer.

2

Product coverage

The goal of licensing is to protect the environment from ozone-depleting substances. The following imports are subject to licensing:

- ozone-depleting substances (within the determined annual national quota); and
- goods that may contain ozone-depleting substances.

Ozone-depleting substances and goods that may contain ozone-depleting substances are listed in the Resolution of the Cabinet of Ministers No. 1109 of 24 December 2019 "On approval of the lists of goods export and import of which are subject to licensing, and quotas for 2020".

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

4

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

5

Products under restriction as to the quantity or value of imports

The purpose of licensing is to protect the environment from ozone-depleting substances. Licensing of import of ozone-depleting substances and goods that may contain ozone-depleting substances is carried out in conformity with the requirements of the Montreal Protocol on the Substances that Deplete the Ozone Layer.

6

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

Annual national quota (annual consumption) of ozone-depleting substances is defined and limited by the Montreal Protocol. Pursuant to the Montreal Protocol, the decisions of the 24th meeting of the Parties to the Montreal Protocol and the 49th meeting of the Committee on the Implementation of the Montreal Protocol on Substances that Deplete the Ozone Layer, the estimated level for consumption of ozone-depleting substances for Ukraine in 2020 amounts to 0.821 tons.

See Answers 6.1-6.11

7

The system applies to products originating from which country?

The system applies to goods from countries that are Parties to the Montreal Protocol.

8

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?

Legal entity or individual entrepreneur is eligible to apply for licenses.

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

16

Ministry/Authority

Ministry of Development of Economy, Trade and Agriculture of Ukraine, Department for Foreign Economic Activity and Trade Protection

17

Address

01008, Kyiv, Grushevskogo str., 12/2

18

Telephone

+380(044)200 44 61

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Fax

20

E-mail address

22

Contact officer

Submission of an application

23

Administrative body(ies) for submission of an application

Ministry of Development of Economy, Trade and Agriculture of Ukraine, Department for Foreign Economic Activity and Trade Protection

Documentation requirements

24

What information is required in applications?

An application for a license must contain the following information: full name of a legal entity or individual entrepreneur, full name of its manager, description and code of the good (goods) under Ukrainian classification of goods of foreign economic activities (UKTZED), name of the producer, consumer of the good (goods), code and name of the state (states) of origin and destination/departure, term of validity of the license, quantity and value of the good (goods), code and name of the customs point, full names and addresses of the seller and customer, nature of the contract, currency of payment, principal and additional unit of measurement for the good (goods), approval of executive bodies (if required), basis for request for a license, special terms of the license.

25

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

To obtain a license for importation of goods it is necessary to submit the following documents accompanying the application:

- a letter requesting a license and guaranteeing payment of the state fee for the issuance of the license;
- a copy of a foreign economic activity contract, all annexes and specifications for this contract, certified by the manager of a legal entity or individual entrepreneur and seal;
- a copy of the state registration certificate as a legal entity or individual entrepreneur certified by the manager and seal.

Window of submission of an application

26

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

Not applicable.

27

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

Not applicable.

Issuing the license

28

Can a licence be granted immediately on request?

Not applicable.

29

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

Not applicable.

30

Which administrative body is responsible for approving application of licences?

Not applicable.

31

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

Not applicable.

32

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

Other conditions accompanying issuance of licenses are:

- submission of a document verifying payment of the fee for a license;
- submission of a power of attorney, or of a copy of a power of attorney authorizing receipt of a license, and submission of a document identifying the person receiving the license if the license is issued to the authorized representative of a legal entity or individual entrepreneur.

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

Yes.

34

What is the amount of the fee or charge?

A fee for licence is 780 UAH.

35

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

No.

36

Amount or rate?

37

Is it refundable?

38

What is the period of retention?

39

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?

An application for an import license may be refused if any of the requirements set forth in the legislation is not met.

41

Are the reasons for any refusal given to applicants?

Reasons to refuse to issue a license are also include receiving by the Ministry for Development of Economy, Trade and Agriculture information from the Ministry for Protection of Environment and Natural Resources on existence of grounds to refuse the approval for the import of ozone-depleting substances or goods that contain them. A decision to refuse to issue a license must be provided to the applicant in writing.

42

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

A decision to refuse the issue of a license may be appealed to the district administrative court in conformity with provisions of the Code of Administrative Proceedings of Ukraine.

43

If so, to what bodies and under what procedures?

A decision to refuse the issue of a license may be appealed to the district administrative court in conformity with provisions of the Code of Administrative Proceedings of Ukraine.

Importation

44

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

Not applicable.

45

What documents are required upon actual importation?

At the time of actual importation the following documents are required: foreign economic agreement (contract); shipment customs declaration; certificate of origin; import license.

46

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

No.

Conditions of licensing

47

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

A licences is valid for the licence period.

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-utilisation of a licence or a portion of a licence.

49

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

No.

Foreign Exchange

50

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

Not applicable.

51

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

Not applicable.

52

Is foreign exchange always available to cover licences issued?

Not applicable.

53

What formalities must be fulfilled for obtaining the foreign exchange?

Not applicable.

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)

6.1

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?

Information on quota is provided in the Resolution of the Cabinet of Ministers of Ukraine No. 1109 of 24 December 2019 "On approval of the lists of goods export and import of which are subject to licensing, and quotas for 2020". The Resolution of the Government is published in official publications "Uriadovyi Courier", "Ofitsiynyj Visnyk Ukrainy" and available on the Internet sites of government agencies, in particular, the Verkhovna Rada (https://rada.gov.ua/), the Cabinet of Ministers of Ukraine (https://www.kmu.gov.ua/ua) and the Ministry for Development of Economy, Trade and Agriculture (http://www.me.gov.ua). There is no country specific quota. The legislation does not provide for any exception or derogation from licensing requirements.

6.2

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?

The volume of quota is determined on a yearly basis without any six-month or quarterly break-down.

6.3

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)

Quota not used in the previous period is not added to the volume of quota for the next period. To date the Ministry for Development of Economy, Trade and Agriculture has never received requests from governments and export promotion bodies of exporting countries regarding the list of importers to whom licences have been allocated.

6.4

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?

There are no restrictions regarding a period of the time during which it is allowed to submit an application for a license.

6.5

What are the minimum and maximum lengths of time for processing applications?

The period for consideration of applications may not exceed 30 days following the date of receipt of the application. A license may be issued in a shorter time frame and depends only on technical capacity of the relevant authority.

6.6

How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

A license shall be effective for importation of goods from the date it is granted.

6.7

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?

The authority to grant licences lies with the the Ministry for Development of Economy, Trade and Agriculture. To issue a license the Ministry for Development of Economy, Trade and Agriculture obtains prior approval for the import of these goods from the Ministry for Protection of Environment and Natural Resources without the engagement of a legal entity or individual entrepreneur.

6.8

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?

Applications to obtain licenses are reviewed in order of their receipt. The maximum amount of quota that may be allocated per applicant corresponds to the share of annual national quota for import of ozone-depleting substances which is determined by the results of the electronic auction for the purchase of the share of annual national quota for import of ozone-depleting substances. The provisions of the Temporary procedure for electronic auctions for the allocation of shares of annual national quotas for imports of ozone-depleting substances is approved by the Resolution of the Cabinet of Ministers of Ukraine No. 756 of 4 October 2017 "On implementation of the pilot project on implementation of electronic auctions for the allocation of shares of annual national quota for import of ozone-depleting substances" (as amended). Such provisions are also set for new entities engaged in foreign economic activities.

6.9

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?

Yes, import licenses are required, they are not issued automatically.

6.10

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?

Not applicable.

6.11

Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

No.