Phytosanitary and veterinary products
- Document symbol
- G/LIC/N/3/GEO/9
- Original language
- English
- Published on
- 03/02/2022
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 Phytosanitary and veterinary import permit - The licensing system as a whole is governed by the Law of Georgia on Licenses and Permits, Resolution No. 426 of the Government of Georgia, of 31 December 2010, on the Approval of Rules and Conditions for Issuing Permits and Forms Thereof by Legal Entity of Public Law – Revenue Service and Legal Entity of Public Law – National Food Agency and the Law of Georgia - Food/Feed Safety, Veterinary and Plant Protection Code. The licensing system ultimately aims to ensure protection of human, animal and health by preventing the spread of dangerous infectious diseases. The permits in this field are divided into two types: phytosanitary and veterinary permits;
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The Phytosanitary import permit covers in general live plants and products of plant origin; Veterinary permits, on the other hand, applies to live animals and products of animal origin;
Q3. The system applies to goods originating in and coming from which countries?
This system applies universally to 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 permits do not, in any shape or form, intend to restrict quantity or value of imports. For the purpose of licensing, please refer to answer to Question No. 1 above. The Agency deems the aforementioned method of being commensurate to the goals set out by the licensing system.
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?
The Permits and Licensing is chiefly administered on the basis of Law of Georgia on Licenses and Permits, Resolution No. 426 of the Government of Georgia, of 31 December 2010, on the Approval of Rules and Conditions for Issuing Permits and Forms Thereof by Legal Entity of Public Law – Revenue Service and Legal Entity of Public Law – National Food Agency and General Administrative Code of Georgia.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The products to be subjected to licensing are stipulated in relevant legislation.
Is it possible for the government to abolish the system without legislative approval?
The government (executive branch) may not arbitrarily abolish the system without the proper legislative mandate.
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):
Please 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?
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 Phytosanitary and veterinary import permit – No such restrictions on products exist for Georgia. No quotas and restrictions exist; therefore, no restricted amounts are published. Publishing in general is undertaken through the Legislative Herald, corresponding websites of relevant responsible authorities and social media platforms;
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 Phytosanitary and veterinary import permit - There are no quotas.
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?
The Phytosanitary and veterinary import permit - Since we do not have import quotas, nothing is shared with other countries.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
The Phytosanitary and veterinary import permit - Depending on the fees paid, the period for processing application may range from 1 to 20 working days.
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 Phytosanitary and veterinary import permit - The importation may commence immediately upon the issuance of permit.
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?
The Phytosanitary and veterinary import permit - A single administrative authority processes the application. In case of applications for phytosanitary and veterinary import permits, such authority may be the LEPL-National Food Agency or LEPL-Revenue Service.
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?
The Phytosanitary and veterinary import permit - There are exists no legislative or other basis for prioritizing one claim over the other. There is also no differentiation between early and late applicants. Application shall be examined after the payment of fee has been cleared.
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?
There are no Quotas.
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?
The Phytosanitary and veterinary import permit - N/A.
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 such conditions exist.
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)?
How far in advance of importation must application for a licence be made?
No such minimum timeframe exists.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The period for processing applications ranges from 1 to 20 working days.
Q7.b. Can a licence be granted immediately on request?
Yes, granting within one working day is a possibility, provided the applicant pays the corresponding fee.
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.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No such limitations exist.
Are there any limitations as to the period of year during which importation may be made?
No such limitations exist.
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?
A single administrative authority processes the application. In case of applications for phytosanitary and veterinary import permits, such authority may be the LEPL-National Food Agency or LEPL-Revenue Service.
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?
There are no other criteria, just ordinary stipulated conditions. Please refer to legislation above.
Are the reasons for any refusal given to applicants?
Reason for refusal is given.
Have applicants a right of appeal in the event of refusal to issue a licence? If so, to what bodies and under what procedures?
According to the General Administrative Code, the decision may be first appealed to superior administrative body and then, if the appeal is not satisfied, to the court. Eligibility of Importers to Apply for Licence.
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?
Is there a system of registration of persons or firms permitted to engage in importation?
Yes.
What persons or firms are eligible to apply for a licence?
All person, legal or natural, firms and institutions are eligible. Persons or firms permitted to engage in importation must be registered as resident taxpayers in Georgia at Revenue Service of Georgia.
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?
The Phytosanitary and veterinary import permit –
- The application for veterinary permit:
Application;
Service fee payment receipt;
Copy of the veterinary certificate;
Information in the Public Register.
- The application for phytosanitary permit:
Application;
Service fee payment receipt;
Information in the Public Register.
Q11. What documents are required upon actual importation?
During the importation, general information concerning the origin, transportation of and financial data on goods are required.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No specific licensing fees or administrative charges exists. Licensing is done free of 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.
No deposit or advance payment is required for the issuance of a permit.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The permit shall be valid from one to six months. Extension is not possible, so the applicant should apply for a new application. Procedure remains the same.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No such penalties for non-utilization of a permit/licence or a portion of a permit/ licence exist.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Transferring the import permit to other importers is not possible.
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 such conditions.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
An on-site pre-import inspection applies to live animals and certain meat products, that have possible high risk of spreading infectious diseases and originate from countries, where, according to OIE, a contagious disease has been detected.