Machines for public works
- Document symbol
- G/LIC/N/3/ISL/3
- Original language
- English
- Published on
- 28/10/2004
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.
According to Regulation no. 388/1989, Directors of Customs are unauthorised to clear through customs new or used mobile or other construction machinery, which are subject to the said Regulation, prior to a declaration in relation thereto issued by the Administration of Occupational Safety and Health. At present the process is as follows:
The importer shall apply for the registration of each mobile and the construction machinery he or she intends to import by filling in a special application form. The Administration of Occupational Safety and Health then allocates a specific registration number to the machinery, writes the number down on the application form which is then returned to the importer. In most cases this will be accomplished by the use of a fax-machine and the application will thus be dealt with in few minutes. By then the Administration of Occupational Safety and Health has fulfilled its task concerning the customs registration of the machinery. Subsequent to the registration of the machinery the Administration of Occupational Safety and Health will inspect all machinery subject to inspection in accordance with Regulation no. 388/1989, and at present this means that the machinery's compliance with the requirements of Regulation no. 761/2001 on Machinery and Technical Equipment will be checked.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
This procedure concerns the following categories of machinery listed in the Annex to Regulation no. 388/1989:
Tower cranes, mobile cranes bigger than 18 MT, overhead cranes, cranes smaller than 18 MT, excavators heavier than 4,000 kg., wheel loaders, bulldozers, motor grades, industrial tractors, forklift truck < 10 MT capacity, forklift truck > 10 MT capacity, compactors, asphalt pavers, drilling rigs, grinding and screening installations, mobile work platforms.
Q3. The system applies to goods originating in and coming from which countries?
No distinction is made as to the question of origin provided the machinery meets the requirements of Regulation no. 761/2001, containing, inter alia, provisions regarding CE-labelling and declaration of conformity.
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 said procedure serves the sole purpose of compiling a list of the machinery, subject to inspection in accordance with Regulation no. 388/1989, in order to facilitate its subsequent registration and inspection. This procedure does not impose any import restrictions, except those referred to in answer No. 3. Since the procedure has produced very good results and no complaints have been filed, there has been no reason to replace it.
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 Act on Working Conditions and Occupational Health and Safety no. 46 of 28 May 1980; Regulation on Registration and Inspection of Mobile and Other Construction Machinery no. 388/1989; Regulation on Machinery and Technical Equipment no. 761/2001. No. Yes.
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)?
No time limits have been set concerning the application for registration of the machinery. The importer may apply for registration at his or her convenience.
Q7.b. Can a licence be granted immediately on request?
Yes.
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.
No such limits.
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?
The application form signed by the Administration of Occupational Safety and Health, thus confirming the registration of the machinery, serves subsequently as a document when the importer clears the machinery through customs with the customs authorities in question.
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?
Registration is never refused. Where information on the application form is insufficient or incorrect, the importer in question is contacted and the application jointly adjusted and then taken care of.
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?
No demands are made as to who applies for registration of the machinery.
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?
All new machines for public works and change of ownership of older machines must be registered at the Administration of Occupational Safety and Health. In the case of a new model, a declaration of conformity is requested in accordance with Regulation no. 761/2001.
Information required for the registration, are: registration number (licence plate number), name, address and ID number of owner and former owner, type of equipment, production year, production country, production number, weight of machine, size of engine, horsepower, name of insurance company, lifting capabilities (for cranes and fork lift trucks) and type of fuel used.
Q11. What documents are required upon actual importation?
None.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Yes. A registration fee amounting USD 30 is collected. The registration fee and the fee charged for the first inspection of the machinery are collected simultaneously.
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.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
No period of validity has been determined.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
The machinery will not be cleared through customs unless a signed application for registration is at hand.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
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?
No.
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?
Yes. No. Yes. A form has to be filled out with the name and the ID number of the importer.