Ozone depleting substances and alternative substances
- Document symbol
- G/LIC/N/3/MNE/8
- Original language
- English
- Published on
- 20/01/2025
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/export of ozone depleting substances and alternative substances are issued in accordance with the Law on the Protection against Adverse Impacts of Climate Change (Official Gazette of MNE, No. 073/19, dated 27 December 2019), Rulebook on the closer manner and necessary documentation for issue permits for import/export ODS and alternative substances, Decision on amending Control list for export and import of goods and the Decree on ozone depleting substances and alternative substances. Also, on 23 October 2006 Montenegro ratified by means of succession the Vienna Convention on ozone layer protection, the Montreal Protocol on ozone depleted substances and the Amendments to the Montreal Protocol. One of the obligations under the Montreal protocol was to establish import/export Montenegro to control consumption of ozone depleting substances. Montenegro operated under Article 5 of Montreal protocol and it is in compliance with the provisions of the Protocol.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Import licenses are required for:- Ozone depleting substances and alternative substances
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 Montreal protocol on ozone depleting substances.
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 the case of ozone depleting substances, 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: the Vienna Convention and the Montreal Protocol. 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:
- Law on the Protection against Adverse Impacts of Climate Change (Official Gazette of MNE, No.073/19, dated 27 December 2019);
- The Decree on ozone depleting substances and alternative substances ("OG MNE", No.79/21);
- The Law on ratification of The Vienna Convention for the Protection of the Ozone Layer with Annexes I and II ("Official Gazette of SFRJ" – International agreements, No.1/90);
- The Law on ratification of The Montreal Protocol on Substances that Deplete the Ozone Layer ("Official Gazette of SFRJ" – International agreements, No.16/90);
- The Law on ratification of the Amendments to The Montreal Protocol on Substances that Deplete the Ozone Layer ("Official Gazette of Serbia and Montenegro" - International agreements, No.24/04);
- Rulebook on the closer manner and necessary documentation for issue permits for import/export ODS and alternative substances ("Official Gazette of Montenegro" No. 69/20);
- 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?
Imports of ozone depleting substances (ODS) are under the quota system. Procedure for quota system for import of the ozone depleting substances are prescribed by the Decree on ozone depleting substances and alternative substances ("OG MNE", No.5/11).
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?
A quota for import of ozone depleting substances is determined on an annual basis and written application of importer for setting annual quota have to be submitted to the NEPA not later than 1st December of the current year for the following year. The licences for import are issued for each import separately.
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. Legal person or entrepreneur performing the imports of ODS are obligated to submit proof to the NEPA Unified Customs Document of imported or exported amounts of ODS for each issued permit, not later than three days after the performed import or export of such substances. Unused allocations are not added to quotas for the next year. Also, all issued licences are published on the NEPA web site.
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?
Written application of importer for setting annual quota for ODS imports, have to be submitted to the NEPA not later than 1 December of the current year for the following year. An application for obtaining import permit for import of ODS could be submitted as soon as quotas are allocated for the year for which the quota is allocated.
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?
NEPA 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?
Quotas usually satisfy demand, as they are referred to substances whose consumption is phasing out. All applications are examined simultaneously and allocation of quota is made on the past performance. In the case of new importers of ODS, they will be given 10% from total annual quota. This is in accordance with the recommendation and experience from EU and region countries.
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 Montreal protocol.
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?
All legal persons or entrepreneurs registered in the Central Registry of the Commercial Court are eligible to apply for licenses. Regarding permits for chemical, besides above, a legal person must meet the requirements in terms of personnel, facilities and equipment.
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 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 ozone depleting substances and alternatives substances must contain the following:
- Written request for permits for import/export of ozone depleting substances and alternatives substances which contains the following information: name and type of goods; heading tag or label of goods tariff; the amount of goods in units of measure; information about the person who imports and exports the goods (name, address, registration, and registration number); indication of the state of origin of goods; the name of the company that supplied the goods and the country from which goods are supplied; border crossing;
- A copy of the invoice or pro-invoice companies that supplied goods;
- Evidence that the importer / exporter is registered to carry out these activities; and
- Proof of the administrative fee payment.
Q11. What documents are required upon actual importation?
Importer must present valid license issued by NEPA 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 40 EUR for each imported consignment of ozone depleting substances
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. In case of import of chemicals and ozone depleting substances and alternative substances the license is valid for the period specified in the license, or until the end of the current 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 license.
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.