Endangered and protected species of flora and fauna
- Document symbol
- G/LIC/N/3/MNE/8/Rev.1
- Original language
- English
- Published on
- 19/11/2024
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.
Permits for import of species and their products and derivates are issued in accordance with the Law on nature protection ("Official Gazette of Montenegro”, No. 054/16) and the CITES Convention. By means of succession, on 3 June 2007, Montenegro ratified the CITES Convention. Montenegro operates under Articles 1 to 25 of the CITES Convention and it is in compliance with the CITES provisions.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Import licenses are required for:
- Endangered and protected species of wild flora and fauna their products and derivates;
- Endangered and protected species of wild flora and fauna their products and derivates in accordance with the CITES Convention and protected plant, animal and fungus species (examples of wild plants, fungi and animals from free and their cultivated specimens; their development forms -eggs, seeds, fruits, mycelium, etc.; their parts and derivatives; therefrom easily recognizable products) in accordance with the Law of Nature Protection.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating and coming from all countries. Import is forbidden for countries that are not parties to the CITES Convention.
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 issue of licenses is not intended to limit the quantities or value of imports, but exclusively with the purpose of adequate monitoring of the imported goods. In case of CITES, the licensing intends to control the quantity of imports because it is related to the protection of the environment and fulfilling the obligation in accordance with the international agreements: CITES Convention. No alternative methods were considered.
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 is maintained in accordance with:
- The Law on Confirmation of the CITES Convention on International Trade of Endangered Species of Wild Fauna and Flora ("OG FRY", International agreements, No. 11/01);
- The Nature Protection Act ("Official Gazette of Montenegro", No. 54/16);
- The Ordinance on closer conditions for the trade in protected wild species of plants, animals and fungi ("Official Gazette of Montenegro", No. 109/17).
- Decision on amending Control list for export and import of goods ("Official Gazette of Montenegro" No. 55/23).
The legislation does not leave designation of products to be subjected to licensing to administrative discretion.
It is possible for the government (or the executive branch) to abolish the system without legislative approval.
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?
Information regarding CITES species quotas can be found at CITES website (http://www.cites.org/) and formalities of filing applications for licenses can be found at Environment Protection Agency (EPA) website (http://www.epa.org.me/). Information regarding other questions is not applicable.
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?
System of quotas for CITES permits is not established in Montenegro.
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 licenses are not allotted for certain goods partly or only to domestic procedures of like goods. Also, all issued licences are published on the NEPA web site. The copy of the CITES licence with Customs Administration signature and seal.
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?
Length of time for processing application is prescribed by the Law on Administrative Procedure. Processing time is up to 30 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?
Import can be done immediately after obtaining import licence (date of issuance of the licence is stated on the 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?
EPA is a Single administrative body for consideration of licence applications.
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?
Through the communication between country authorities in charge of the implementation of the CITES Convention.
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
There are no such products.
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?
In addition to non-fulfilling of the criteria prescribed by relevant legislation, application could be rejected in the case when applicant submits application for the goods that are not allowed for import. Reasons for rejection of any form are given by EPA to the applicant in a separate administrative act. Decision may be appealed to the Ministry of Economic Development in accordance with the Law on Administrative Procedure.
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 legal persons or entrepreneurs registered in the Central Registry of the Commercial Court are eligible to apply for licenses.
All persons and companies that fulfil the conditions envisaged by the Law are eligible to apply for licenses.
- There is no registration fee;
- There is no published list of authorized operators.
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 application for import of CITES listed species and their products and derivates has to contain the following:
- Application for issuance of CITES import permit;
- Copy of CITES export permit;
- Positive opinion of Montenegrin scientific authorities that import of species will not jeopardize survival of that species and sustainability of biodiversity in Montenegro;
- Positive opinion of Montenegrin scientific authorities that imported species will be properly accommodated;
- Statement by the importer regarding the mode of species transport and using purposes;
- Proof of administrative fee payment;
- Additional documents according to Law on nature protection and Law on foreign trade.
Written request for permits for plant, animal and fungus species has to contain the following information:
- Name and seat, or the name and address of the importer;
- The name of the input border crossing;
- Day and start time of importation;
- Quantity;
- Provider/supplier (quantity);
- A court certificate; and
- Proof of the administrative fee payment.
Q11. What documents are required upon actual importation?
Importer must present valid license issued by EPA along with standard customs documentation.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There are administrative fees as follows:
- Administrative fee in the amount of 50€ for each imported consignment of CITES species/products/derivates (1 CITES import permit).
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 associated with the issue of licenses.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The license is valid for the period specified in the license, but not longer than one year.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilization of a license or a portion of a license.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licenses 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 issue 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 goods to be imported.