Sugar and coal
- 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.
The products subject to quantitative restrictions cover sugar, sucrose and isoglucose (import from the Slovak Republic) and Coal, briquettes, ovoids and similar solid fuels manufactured from coal (imports from Poland and Ukraine).
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 purpose of the licensing of some sugars maintained under the bilateral agreement is to safeguard domestic industry against increased imports. The licensing of coal was introduced as part of a restructuring program aimed at the conservation of exhaustible natural resources.
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 non-automatic import licensing are contained in Annex 3 to Government Regulation No.185/2000 Coll., as amended.
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):
See Answers 6.1-6.11.
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?
All relevant information, including the overall amount and the amount allocated to goods from each country is published in a Government Regulation. No maximum amount allotted to each importer is being set. Information about importers and licences accorded is not accessible due to protection of personal data.
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?
The size of the quotas on coal is determined on a yearly basis, (1,223,000 tons) and on some sugars on a quarterly basis (3,500 tons: I quarter 800 tons, II quarter 800 tons, III quarter 1,100 tons, IV quarter 800 tons).
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.)
The Ministry of Industry and Trade is in permanent contact with the customs authorities with a view to having updated information on actual utilization of allotted licences. In case of non utilization of a licence before its expiry, the authorities may take this fact into account when deciding on a licence for the importer concerned for the next period. Unused allocations are not added to quotas for succeeding period. The names of importers to whom licences have been allocated are not published.
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?
Usually, the application for a licence has to be made no later than 15 days prior to the period in question, unless otherwise provided by the implementing legislation. Moreover, according to Government Regulation No. 185/2000 Coll., as amended, the licence applications for some sugars have to be made no sooner than 45 days prior to a quarter and for coal and related products no sooner than 45 days prior to a calendar year.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
The minimum length of time for processing applications is 24 hours, the maximum length is 30 days, assuming that all of the requirements have been met.
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
The period of importation may be the same as the date for the utilization of a licence. The date of utilization may differ from a date of the issue of a licence.
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?
Only the Ministry of Industry and Trade has the authority to issue licences.
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?
According to Act No. 62/2000 Coll., the Ministry of Industry and Trade decides on applications for a non-automatic licence in order in which applications have been received pursuant to their registration date and number and as long as the size of the quota has not been used. In allocating quotas, past performance is taken into account. The method enables new importers to participate in the market. Pursuant to the Government Regulation No.185/2000 Coll., as amended, non-automatic licences for sugar and coal are allocated proportionally to all applicants.
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?
No.
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)?
Q7.b. Can a licence 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.
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?
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? 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 non-automatic licence, 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?
Non-automatic licences are valid for a calendar year unless otherwise provided in a Government Regulation. Regarding licensing of some sugars, the period of validity is up to three 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?
Sugar has been added to coal and related products on which licences are allocated to the applicants who import these products as a technological need of their production.
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.
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.