Ozone depleting substances
- Document symbol
- G/LIC/N/3/RUS/6
- Original language
- English
- Published on
- 25/10/2021
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 approval process for importation of ozone depleting substances consists of two steps:
- Permits are issued by the Federal Service for Supervision in the Sphere of Nature Management;
- Based on permits the Ministry of Industry and Trade of the Russian Federation issues licenses. The List of Ozone depleting substances subject to import/export prohibitions or restrictions in the Eurasian Economic Union (the EAEU) applicable to trade with third countries is approved by the Eurasian Economic Commission (the EEC) Board decision No. 30 of 21 April 2015 (as amended). Annex 2.1. of the document sets out full list of such goods.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The requirements of the licensing system are:
- imports or exports of ozone depleting substances with import quotas are set in line with obligations under the Montreal Protocol;
- pre-charged equipment containing ozone depleting substances.
Strict conditions and reporting requirements are applied to all issuded licenses.
See Products "Ozone depleting substances"
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating in and coming from the Parties to the Montreal Protocol.
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 licensing system regulates commitments taken by the Russian Federation through the Montreal Protocol. As well as restrictions on production and consumption of ozone depleting substances leading to eventual phase-out, the Protocol requires the establishment of licensing and quota 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?
The controls on the importation of goods specified in this category are statutory required under the legislation detailed below:
- Annex 20 of the Eurasian Economic Commission Boar Decision No.30 "Regulations on importation to the customs territory of the Eurasian Eonomic Union and export from the customs territory of the Euraisan Economic Union";
- “Protocol on measures of non-tariff regulation with regard to third countries (Appendix No.7, Treaty on the EAEU)";
- “Instruction for registration of an application for licence issuance for exports and/or imports of certain types of goods and for making up these licences;
Order of the Ministry of Industry and Trade of Russia No. 3624 "On approval of the Administrative Regulations of the Ministry of Industry and Trade of the Russian Federation for the provision of state and other permits for exports and/or imports of certain goods."
- Decision of the Board of the EEC No.30;
- Federal Law No.164-FZ "On the Fundamentals of the State Regulation of Foreign Trade Activity";
- Order of the Ministry of Industry and Trade of the Russian Federation No.2132 "On approval of requirements for the formats of applications and other documents necessary for the public services delivery in the form of electronic documents and recognition of orders of the Ministry of Industry and Trade of the Russian Federation No.1575 and No.52";
- RF Government Resolution No. 1567-p "On approving the list of federal executive bodies authorized for approval of applications for licenses to exports and/or imports of goods and execution of other permits in foreign trade in the cases provided for applications on the application of restrictions on goods subject to bans or restrictions on the importation or exportation of Member States of the Customs Union within the EurAsEC in trade with third countries";
- RF Government Resolution No. 1113 "On formation and maintenance of the federal bank of issued licenses";
- Order of the Ministry of Industry and Trade of the Russia No.2759 "On the implementation of paragraph 46.2 of the action plan (road map) "Improving Customs Administration".
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):
The quantity of ozone depleting substances permitted for importation into the Russian Federation is restricted in line with the Montreal Protocol. 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?
Information on quotas is published on the website of the Ministry of Industry and Trade of the Russian Federation (http://minpromtorg.gov.ru/) and on the website "Support for foreign trade participants" (http://www.non-tariff.gov.ru). There are no quotas on amounts to be imported from specific countries, but imports and exports of ozone depleting substances must be conducted from and into the Parties to the Montreal Protocol and its relevant amendments. The legislation does not provide any exception or derogation from licensing requirements.
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 size of the quotas is determined annually. Each license specifies the amount and type of substance to be imported for the entire duration of the license. Quotas are based on the total annual consumption (i.e. production plus imports minus exports) restraints under the Montreal Protocol.
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 size of quota and volume of production is based on total annual consumption restrictions under the Montreal Protocol. The names of importers are in public access on the website of the Ministry of Natural Resources and Environment.
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?
License applications may be submitted at any time. The Government determines the quota allocations within two weeks from announcing the opening of quotas.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
The maximum processing period for permit and license is 27 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?
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 approval process for importation of ozone depleting substances consists of two steps:
- Permits are issued by the Federal Service for Supervision in the Sphere of Nature Management;
- Based on permits the Ministry of Industry and Trade of the Russian Federation issues licences.
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 number of licenses that can be issued is not restricted. The quantity of ozone depleting substances that can be imported is restricted under the Montreal Protocol. Quota allocation is based on relative imports in the previous license period (three years).
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 bilateral quotas or export restraint arrangements.
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)?
How far in advance of importation must application for a licence be made?
Application should be fulfilled in advance of arrival of the goods
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The processing time for permit and license is ten days.
Q7.b. Can a licence be granted immediately on request?
No.
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.
Permits may be issued at any period of the year.
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 Ministry of Industry and Trade of the Russian Federation is authorized for granting licenses.
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?
A licence may not be granted if the applicant does not meet ordinary criteria.
Are the reasons for any refusal given to applicants?
If applicants are not granted, applicants will be informed about the reasons for that in writing.
Have applicants a right of appeal in the event of refusal to issue a licence? If so, to what bodies and under what procedures?
An applicant may apply to the Ministry of Industry and Trade of the Russian Federation for a review of the rejection to issue a 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?
All persons, entities 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?
What information is required in applications?
Application forms are available on the special website "Support for foreign trade participants" (http://www.non-tariff.gov.ru).
What documents is the importer required to supply with the application?
An importer is required to submit the following documents with the application:
- Digital copy of application form;
- Copy of a contract;
- Copy of document on registration on tax authority or on state registration;
- Permit from the Federal Service for Supervision in the Sphere of Nature Management or data on existence of the license for the licensed type of activity.
Q11. What documents are required upon actual importation?
Upon importation, an importer is required to submit standard customs documentation along with a valid licence.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Is there any licensing fee or administrative charge?
Licence application fees are charged.
What is the amount of the fee or charge?
Fees are: for permit – 160, 000 roubles, for licence – 7, 500 roubles.
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 requirement associated with the issue of licences.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Licences are valid for the certain period.
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-utilisation of a licence or a portion of a licence.
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?
Licensees are not permitted to trade in ozone depleting substances with non-parties to the Montreal Protocol.
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 for the 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.