Endangered mushrooms and plants
- Document symbol
- G/LIC/N/3/MKD/7
- Original language
- English
- Published on
- 06/03/2018
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.
Import licensing system is regulated by the Decision on Classification of Goods into Forms of Export and Import establishing the list of goods subject to import and export licensing. Pursuant to Article 34 paragraph 2 of the Law on Trade, the Decision has been adopted by the Government of the Republic of Macedonia at the session held on 26 February 2012 and is published in the Official Gazette of the Republic of Macedonia No.42/2013. The rules concerning the procedure for submission of applications, the competent authorities for issuing of import licences and the list of products subject to licensing requirements are stipulated in the Decision.
MK version of the Decision can be found on the following link:
https://members.slvesnik.com.mk/regulationdetails.aspx?regID=29044
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Endangered mushrooms and plants.
See Product coverage.
Imports of products stipulated in the Decision are subject to non-automatic licensing. The competent authorities for submission of applications and for delivering import licenses are designated in Article 2 of the Decision. A complete list of products subject to import licensing procedures is given in Annexes 1-9 of the Decision.
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?
The import licensing system established by the Government Decision is not intended to restrict the quantity or value of imports. The Decision determines the goods for which import license is necessary to be provided by the competent ministries and institutions for the purposes of fulfilling international agreements in order to protect human, animal or plant life or health to protect environment from ozone-depleting substances, and ensure the national security interests.
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?
Licensing system is statutorily required for the products listed in the Decision as relevant by law legislation adopted pursuant to the Law on Trade ("Official Gazette of the Republic of Macedonia” No.16/04, 128/06, 63/07, 133/07 88/08, 159/08, 20/09, 99/09, 105/09, 115/10, 158/10, 36/11 and 53/11).
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Product coverage is defined in the Decision and is not subject to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
The system cannot be abolished 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?
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)?
Under the system there is no quantitative limit on importation of a product or from a particular country.
(a) The licensing authorities have to issue a licence within a maximum 15 days of the submission of the application pursuant to the Law on General Administrative Procedure published in the ("Official Gazette of the Republic of Macedonia” No. 38/05, 110/08 and 51/11).
Q7.b. Can a licence be granted immediately on request?
Not relevant.
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 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 only one administrative organ in connection with an application.
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?
If the applications meet the criteria, a licence is granted. Failure to meet the ordinary criteria is the only circumstance in which licence applications may be refused.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event of refusal to issue a licence, the applicant has a right of appeal in accordance with the Law on General Administrative Procedure ("Official Gazette of the Republic of Macedonia” No. 38/05, 110/08 and 51/11).
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 are eligible to apply for 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 importer is required to submit the following information to the competent authorities stated in Article 3 of the Decision on Classification of Goods into Forms of Export and Import ("Official Gazette of the Republic of Macedonia” No. 42/13).
In the application:
- business name and tax number of the legal person;
- tariff line at a ten-digit level;
- description of goods according to the Customs Nomenclature;
- trade name of goods;
- quantity of goods, expressed in measuring units;
- name and adress of the foreign exporter, or importer;
- period during which the exportation, or importation is to be carried out;
- statement for the intention of the imported goods and
- other data, perscribed with special regulations.
Q11. What documents are required upon actual importation?
Upon actual importation, an importer is required to submit the approved import licence or a copy thereof.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is licensing administrative charge pursuant to the Law on Administrative Fees published in the ("Official Gazette of the Republic of Macedonia” No. 17/93, 20/96, 7/98, 13/01, 24/03, 19/04, 61/04, 95/05, 7/06, 70/06, 92/07, 88/08, 130/08, 6/10, 145/10, 17/11 and 84/12).
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 licensing.
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 valid for three or six months from the date of issue.
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?
No other conditions are 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?
No other administrative procedures, apart from import licensing and similar administrative procedures are 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 issues are not applicable to import licensing.