Agricultural, food and tobacco products
- Document symbol
- G/LIC/N/3/CZE/1/Add.1
- Original language
- English
- Published on
- 16/10/2002
Outline of Systems
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.
The Czech Republic import licensing system is regulated by:
- Act No. 62/2000 Coll., On Some Measures in the Export or Import of Products and the Licensing Procedures and on the Change of some Acts;
- Government Regulation No. 185/2000 Coll., Determing Products That Can Be Imported to the Czech Republic or Exported from the Czech Republic only on the basis of a licence under Act 62/2000 Coll., as amended by Government Regulation No. 446/2000, and Government Regulation No. 495/2000 Coll.
The system is based on the premise that imports into the Czech Republic are free except where specific products are subject to automatic, non-automatic and security import licences maintained to monitor imports, protect health, life, safety and security.
Activities related to the operation of the import licensing system fall under the responsibility of the Ministry of Industry and Trade.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Automatic import licensing is applied for statistical and monitoring purposes.
Q3. The system applies to goods originating in and coming from which countries?
It applies to products originating in and coming 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 is not intended to restrict the quantity or value of imports.
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?
Products subject to automatic import licensing are contained in Annex 1 to Government Regulation 185/2000 Coll., as amended, and contain some agricultural and food products, tobacco and substitutes of tobacco products. The list of products is covered by the notification made by the Czech Republic pursuant to Articles 1.4(a) and 8.2(b) of the Agreement on Import Licensing Procedures.
Procedures
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):
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)?
Generally, the application for a licence is not restricted in time, unless otherwise provided in the implementing legislation. According to Government Regulation 185/2000 Coll., as amended, the applications for a licence for products subject at present to automatic licensing have to be made no sooner than 45 days prior to the period of utilization of a licence. The Ministry of Industry and Trade has 14 days to process the application.
Q7.b. Can a licence be granted immediately on request?
The licence cannot be granted immediately on request.
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 the 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?
Only the Ministry of Industry and Trade has the authority to issue licences.
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?
The application for a licence shall be refused if it does not meet the set requirements.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are communicated to the applicant, who has a right of appeal to the Ministry of Industry and Trade and, at a second instance, to the court.
Have applicants a right of appeal in the event of refusal to issue a licence? If so, to what bodies and under what procedures?
The reasons for any refusal are communicated to the applicant, who has a right of appeal to the Ministry of Industry and Trade and, at a second instance, to the court.
Eligibility of Importers to Apply for Licence
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?
As a rule, all natural or legal persons domiciled in the Czech Republic, irrespective of nationality or origin, are eligible to apply for a licence, provided their economic activities have been registered in the Czech Republic.
Documentational and Other Requirements for Application for Licence
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?
A sample of the application is contained in Annex 6 to Government Regulation No. 185/2000 Coll., as amended.
The application for a licence contains the usual information regarding the importer, product(s) in question and purpose of the import.
What documents is the importer required to supply with the application?
The following documents have to be annexed to the application:
- extract from the commercial register or trade licence;
- contract for the importation of the product in question;
- other documents as set forth in Government Regulation No.185/2000 Coll., as amended (such as approval of the Ministry of Environment in case of imports of waste and dangerous chemical products, of the Ministry of Health in case of imports of pharmaceutical products, of the State Office for Nuclear Safety in case of imports of radioactive materials).
Q11. What documents are required upon actual importation?
In addition to the automatic license, the documents usually required by the customs services have to be submitted.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The administrative fee is set at the level of 500 CZK.
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.
No deposit or advance payment is required in connection with the issue of licences.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
A licence is generally valid for a calendar year with the exception of poppy straw for which the period of validity is six months.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a licence.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between 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?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required to importation apart from health, veterinary, sanitary and quality regulations.
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?
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
The foreign exchange is automatically provided for goods to be imported.
Is a licence required as a condition to obtaining foreign exchange?
A licence is not a condition for obtaining foreign exchange.