Import Licensing Notification Portal

Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.

As a rule, imports to the Republic of Croatia are free with the exception of those imports specified in the national legislation (products affecting public security and order, health, environment and cultural heritage). Products subject to import licensing are specified in the tariff headings and are imported under prior authorisation issued by the competent ministry or authorised body. The licensing system is legally regulated by:

- the Trade Act, Article 49 (OG No. 87 on 25 July 2008) and its amendments (OG No. 116 on 11 October 2008, No. 76 on 1 July 2009 and No. 114 on 7 October 2011);
- the Regulation Specifying Goods Subject to Export and Import Licences (OG No. 77 on 19 June 2010) and its amendments (OG No. 146 on 16 December 2011 and No. 25 on 28 February 2012).

Import licensing for agricultural products and foodstuffs is regulated by the Act on Organisation of Agricultural Markets, Article 26, published in the "Official Gazette" No. 149 of 15 December 2009 (amendments of published in the "Official Gazette" No. 22 on 18 February 2011), by the Ordinance on the allocation of tariff quotas for agricultural products and foodstuffs published in "Official Gazette" No. 121 of 28 October 2010 (amendments of published in the "Official Gazette" No. 145 on 15 December 2011) and by the Ordinance on import and export licences for agricultural products published in "Official Gazette" No. 74 of 16 June 2010 (amendments of published in "Official Gazette" No. 106 of 8 September 2010, "Official Gazette" No. 148 of 20 December 2011 and "Official Gazette" No. 101 of 6 September 2012).

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

Agricultural products and foodstuffs subject to tariff quotas.
Licences are issued to comply with international agreements, for national security purposes, protection of life and health of humans, animals and plants, the environment and of exhaustible natural resources of the Republic of Croatia.

Q3. The system applies to goods originating in and coming from which countries?

The licensing regime applies equally to imports from all countries.

Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?

The licensing system is not intended to restrict the quantity or value of imports but to protect national security, health, environment and cultural heritage and to fulfil the Republic of Croatia's commitments undertaken by the international agreements.

Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?

Is the licensing statutorily required?

Import licensing system is regulated by the Trade Act, Article 49, published in the "Official Gazette" No. 87 on 25 July 2008 and the Amendments of Trade Act published in the "Official Gazette" No. 116 on 11 October 2008, No. 76 on 1 July 2009 and No. 114 on 7 October 2011. Import licensing is also regulated by the Act on Organisation of Agricultural Markets, Article 26, published in the "Official Gazette" No. 149 of 15 December 2009 and the amendments of the Act on Organisation of Agricultural Markets published in the "Official Gazette" No. 22 on 18 February 2011.

Is it possible for the government to abolish the system without legislative approval?

The system of licensing can be abolished or changed by the Government without changing the Trade Act.

Q6. 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):

With regard to the agricultural products there are no products prescribed to be imported under restriction as to the quantity or value of imports.
(i)Licences for goods subject to tariff quotas
Agricultural products are not prescribed to be imported under restriction as to the quantity or value of imports.
Nevertheless, there is a licensing system applied to certain agricultural products in order to administer imports under tariff quotas, whose purpose is to fulfil commitments undertaken by Croatia regarding preferential or free trade agreements. In these cases the governmental body responsible for issuing licenses for certain agricultural products is the Paying Agency for Agriculture, Fisheries and Rural Development. This system applies to specified agricultural products originating in the countries with which Croatia concluded preferential or free trade agreements. Those agricultural products that are intended to be imported within tariff quotas are subject to import licensing.

Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? 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?

Q6.II. How is the size of the quotas determined: on a 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 fresh licence on a six-monthly or quarterly basis?

Q6.III. Are licences allotted 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 the 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.)

Q6.IV. 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?

Q6.V. What are the minimum and maximum lengths of time for processing applications?

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

Q6.VII. 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?

Q6.VIII. 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?

Q6.IX. 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?

Q6.X. In cases where imports are allowed 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?

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:

Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?

There is no fixed time-limit for submitting an application before importation

Q7.b. Can a licence be granted immediately on request?

A license cannot be granted immediately upon request. Prior review of the application is required; the licenses are issued within 30 days from the date on which the complete application was submitted

Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.

There are no limitations as to the period of the year during which applications can be made

Q7.d. 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?

Which administrative body is responsible for approving application of licences?

Import licences are issued only by one administrative body and it is the Paying Agency for Agriculture, Fisheries and Rural Development.

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

The importer does not have to approach more than one administrative organ.

Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

Import licenses for certain agricultural products shall be issued by the Paying Agency for Agriculture, Fisheries and Rural Development according to particular request submitted by an applicant in 30 days following the receipt of a valid application.

Are the reasons for any refusal given to applicants?

If the Paying Agency finds out in the administrative control that a particular request is incomplete or ineligible, the applicant shall be given a possibility to complete the application within 7 days from the date on which the initial application was submitted.

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

An importer denied an import license could submit a complaint if a licence application is refused.

Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?

All persons, firms and institutions are eligible to apply for licences.

Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?

What information is required in applications?

For import licenses of products under tariff quotas as well as import licenses for certain agricultural products the application for import has to provide the following information:

-Company name and full address or name and full address of person;
-Company code;
-Quantity of importing products;
-Tariff number and tariff code;
-Import country.

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

For import under tariff quotas or import of certain agricultural products, the importer is also required to supply other documentation such as evidence of the registration in the relevant registry (copy of the Decision of the registration in the Trade Court Register; Crafts register or copy of identity card), certificate of income for the year preceding the year of application, original specimen of the certificate on fulfilment of financial obligations towards the state budget.

Q11. What documents are required upon actual importation?

Upon actual importation the importer has to present to the customs authorities invoice, transport documents, specifications, customs declaration, certification of origin and import licence.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

As regards import within tariff quota there is no administrative charge, and for import licences of certain agricultural products, a certain amount of security must be lodged, the amount of which shall be determined depending on the quantity and type of products for which the application is being made.

Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.

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

There is no deposit or advance payment requirement regarding the issuance of licence except in case of import licenses for certain agricultural products.

Amount or rate?

At the time of submitting the application for an import license for certain agricultural products the importers must pay the security the amount of which shall be determined depending on the quantity and type of products for which the application is being made. In cases where the total amount of the security per application for an import licence comes to HRK 730.00 or less, the applicant shall not be required to lodge a security.

Is it refundable?

The Paying Agency will reimburse the security payment provided that the importer has submitted the documents proving the level of fulfilment of the obligations under the import licence.

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

In the case of agricultural products under the tariff quotas, the validity of import licences is until the end of a calendar year in which they are issued.

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

There are no penalties for the non-utilization of a licence or a portion of a licence. The exception is import licences for certain agricultural products where the penalty for non-utilization of the license, or its partial utilisation is full or partial retention of the security deposit lodged at the time of application.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Licences are not transferable to other importers.

Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?

There are no other conditions related to the issuance of a licence.

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

No other administrative procedures are required.

Q19. 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?

The foreign exchange issues are not applicable to import licensing.

Agricultural products and foodstuffs subject to tariff quotas

Outline of Systems

Purposes and Coverage of Licensing