Alcohol
- Document symbol
- G/LIC/N/3/EST/3
- Original language
- English
- Published on
- 15/01/2003
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 licensing of trade in alcohol is regulated by the Alcohol Act and is administered by the Ministry of Economic Affairs and State Register of Alcohol.
The import of alcohol may be carried out by an undertaking:
- which is entered in the commercial register
- which holds a valid registration in the State Register of Undertakings Operating in Areas of Activity Subject to Special Requirements.
Alcohol to be imported shall be entered in the State Register of Alcohol. The importer of the alcohol shall apply for entry of the imported alcohol in the State Register of Alcohol.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Imports of alcohol are subject to automatic licensing.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods 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?
Licensing is intended to maintain state control in the area covered by the Alcohol Act.
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?
The licensing of trade in alcohol is based on the Alcohol Act published in Riigi Teataja I 2002 No. 3 Article 7 and Regulation of the Minister of Agriculture No. 69, published in Riigi Teataja Lisa 2002 No. 94 Article 1462; Regulation of the Government No. 208 published in Riigi Teataja I 2002 No. 56 Article 353.
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)?
It is up to the applicant to decide when to apply for a licence.
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.
There are no limitations as to the period of the year during which application for licence and/or importation may 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?
An importer has to approach 2 administrative bodies in connection with 2 applications.
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?
None.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are given to the applicant in writing. In the event of refusal to issue a licence, the applicant has a right of appeal pursuant to the procedure provided by law.
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?
All persons, firms and institutions, who have been entered into commercial register are eligible to apply for import licences.
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?
An undertaking, which wishes to carry out the import of alcohol, shall submit to the Ministry of Economic Affairs and Communications, as authorised processor of the State Register of Undertakings Operating in Areas of Activity Subject to Special Requirements, a corresponding application, which shall set out at least the following:
- the business name, commercial register code, address and other details of the undertaking;
- the clearly worded content of the application;
- the name and details of the person responsible for the import of, wholesale trade in or export of alcohol; if the application is submitted by a sole proprietor, the same person shall be responsible for the import of, wholesale trade in or export of alcohol;
- the address of the place of business or addresses of places of businesses;
- the number of a decision of approval the enterprise or a part thereof for food business, the date of making the decision and the name of the agency, which made the decision;
- the date of submission of the application, and signature;
- the name, official title and details of the person who signed the application.
Q11. What documents are required upon actual importation?
Upon the import of alcohol, in addition to the requirements provided for in the customs rules, a certificate of the State Register of Alcohol, indicating that the imported alcohol has been entered in the State Register of Alcohol on the application of the importer, shall be submitted to the customs authorities.
Formal requirements of the application for making a register entry into the National Alcohol Register are listed below. The applicant shall submit an application, which includes the following data:
• name of the applicant;
• number of activity licence of the excise warehouse;
• date and number of making the decision of recognition of the enterprise;
• registration number of state register of undertakings operating in areas of activity subject to special requirements;
• location, address and contact information (telephone, fax, e-mail address) of the applicant;
• name of the product;
• country of origin of the product;
• type of product;
• name of the producer;
• producer country;
• address and contact information (telephone, fax, e-mail address) of the producer;
• capacity of the consumer packaging or in case of alcohol, which has not been packaged into consumer packaging, the capacity of the packaging;
• ethanol content;
• numerical code of goods of Estonian Nomenclature of Commodities;
• material of consumer packaging or packaging;
• number of labels of consumer packaging or packaging;
• shape and colour of the bottle (thereby the use of Burgundy, Bordeaux, port, German wine, sparkling wine or other bottle should be marked)
• material of the cork;
• colour of the cork;
• shape of the cork;
• note on the “stocking”, if present;
• colour of the stocking;
• a note on front label, if present;
• a note on back label, if present;
• a note on neck label, if present;
• a note on other labels, if present;
• list of documents and materials attached to the application;
• name, position and signature of the applicant.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no licensing fee or administrative charge.
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.
There is no deposit or advance payment requirement associated with the issuance 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 a non-recurring permit.
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 or a portion of it.
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?
There are no other conditions attached to the issuance of a licence.
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, apart from import licensing required prior 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?
Foreign exchange is automatically provided by the banking authorities for the goods to be imported.