Water, beer, coal, oil and natural gas
- Document symbol
- G/LIC/N/3/SVK/1
- Original language
- English
- Published on
- 25/10/2002
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 import licensing system of the Slovak Republic is based on the premise that imports into the Slovak Republic are free except where specific products are subject to automatic or non-automatic import licences. This system is maintained under the Decree of the Ministry of Economy of the Slovak Republic 15/1998 Coll. “On the Conditions of the Issuance of an Official Licence for the Export and Import of Goods and Services”, as amended, published in the Collection of Laws of the Slovak Republic.
Activities related to the operation of the import licensing system fall under the responsibility of the Ministry of Economy of the Slovak Republic. The rules for import licensing procedures are neutral in application and administered in a fair and equitable manner.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The products subject to quantitative restrictions cover sugar( import from all countries), non-alcoholic beverages, meat tinned goods, feed oil (all originated in Czech Republic), footwear (import from China) and diamonds (import from Sierra Leone and Liberia). The purpose of the licensing of sugar, non-alcoholic beverages, meat tinned goods, feed oil and footwear is to safeguard domestic industry against increased imports. As for the imports of diamonds from Sierra Leone and Liberia, an embargo is in force in order to meet the obligations arising under international commitments.
Q3. The system applies to goods originating in and coming from which countries?
The licensing regime applies equally to imports 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?
Only some agricultural products are subjected to non-automatic licensing. The purpose of the licensing is to fulfil the commitments undertaken by the Slovak Republic regarding preferential or free trade agreements in accordance with the Article XXIV GATT 1994.
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?
Products subject to non-automatic import licensing are contained in the Annex A Part I of the Decree of the Ministry of Economy 15/1998 Coll., as amended.
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):
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?
All relevant information related to import quotas, including an application form and requirements which must be met by the applicant for licence, is published in the Decree of the Ministry of Economy 15/1998, as amended as well as on the homepage of the Ministry of Economy. No maximum amount allotted to each importer is being set. Information about licences granted and about utilization of import quotas is on websites.
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?
In general the size of the quotas is determined on a yearly basis. Licence for the above mentioned products is granted for a period of three months. If the applicant needs to prolong the licence also for the following period of the year, he has to apply for it again.
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.)
Each applicant has an equal right to obtain a licence. There are no differences if the applicant is a natural person or legal entity. This applies to all goods under licensing requirements. The Ministry of Economy is in permanent contact with the customs authorities with a view to having updated information on actual utilization of allotted licences. In case of non utilization of a licence before its expiry, the authorities may take this fact into account when deciding on a licence for the importer concerned for the next period. Unused allocations are added to quotas for succeeding period.
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?
Application for license must be submitted not later than 15 days prior to the period in question. In case the quota for the respective period has not been fully utilised, it is possible to accept also applications received after the 15th day before the beginning of the relevant period.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
The Ministry of Economy has maximum 30 calendar days to process the application of the non-automatic licence for products specified in the Annexes I- A.
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
The importation is possible immediately after date of granting the licences.
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?
License applications are registered and the licences are granted only by a single administrative body – the Ministry of Economy of the Slovak Republic.
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 Ministry of Economy decides on application for a non-automatic licence in order in which applications have been received pursuant to their registration date and number and as long as the size of the quota has not been used. In allocating quotas, past performance principle is also taken into account. The system enables new importers to participate in the market. Traditional importers are not given a preference.
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?
No.
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?
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
The application for a licence shall be refused if it does not meet the set requirements.
Are the reasons for any refusal given to applicants? Have applicants a right of appeal in the event of refusal to issue a licence? If so, to what bodies and under what procedures?
The reasons for any refusal are communicated to the applicant, who has a right of appeal to the Ministry of Economy and, at a second instance, to the court.
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 natural persons or legal entities domiciled in the Slovak Republic, irrespective of nationality or origin, are eligible to apply for a licence, provided that their economic activities have been registered in the Slovak Republic.
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?
The application for a licence contains the usual information regarding the importer, product(s) in question, country of origin and proposed period of validity.
A (sample) specimen of the application is contained in Annex F-I to the Decree of the Ministry of Economy 15/1998, as amended.
What documents is the importer required to supply with the application?
The following documents have to be annexed to the application:
- extract from the commercial register or trade licence, which could not be older than 1 year,
- other documents as set forth in the Decree of the Ministry of Economy 15/1998, as amended (for example sanitary or phytosanitary certificates to import of the agricultural products).
Q11. What documents are required upon actual importation?
No further documents are required.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The administrative fee is set at the level of 0.1% from the value of imported goods, at least 1.000 SKK.
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 in connection 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?
Non-automatic licence is valid one-quarter year or half-year from the date of issuance. If the importer proves that it was not his fault that the quantity stated in the licence was not utilised and wants to import also during the following period, the validity of licence can be extended for the following 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.
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?
There are no other conditions for 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?
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?
The foreign exchange is automatically provided for goods to be imported and a licence is not a condition for obtaining a foreign exchange.