Textile products
- Document symbol
- G/LIC/N/3/SVN/2
- 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.
Slovenia presently maintains unilateral quantitative restrictions for certain textile and clothing products in accordance with the Agreement on Textiles and Clothing of the WTO.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Products subject to textile quotas are listed in the Decree determining export and import regime for certain goods. The annual levels of textile quotas are determined by the Government and allocated through Trade Association within the Chamber of Commerce and Industry of Slovenia.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to imports from all countries except from those with which Slovenia concluded free trade agreements or other preferential agreements.
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 is used to administer quantitative restrictions maintained by Slovenia in accordance with the ATC.
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?
Licensing is based on:
- Article 8 of the Foreign Trade Act (OG No. 15/93, 66/93, 7/94, 58/85);
- Decree determining export and import regime for certain goods (OG No. 111/01, 20/02);
- Decree on the method, time limits and conditions for the distribution of quotas for the import of goods (OG No. 5/93, 69/95, 80/98);
- annual Decree determining the quotas for the import of goods (OG No. 99/01).
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):
Please 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?
Annual global quotas are published in the form of government decree in the Official Gazette of Slovenia. Formalities for licence applications are published in the bulletin “Informacije” of Trade Association, on the internet page of Chamber of Commerce and Industry and in the gazette “Gospodarski Vestnik”. The quotas are not allocated to goods from any particular country, neither is a maximum amount determined which can be allocated to a single importer.
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 quotas is determined on a yearly basis. Licences are issued with the validity until the end of the year.
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 issuing of licences is not limited to domestic producers of like goods. The Trade Association regularly controls the utilisation of allocated licences on the basis of data provided by the Customs Authority. Unused allocations are not added to quotas for the next year. There are no cases where exporting country request the names of importers to whom licences have been allocated.
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?
The time-limits for the submission of applications is 14 days from the public announcement in the bulletin “Informacije”.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
The maximum time for processing the applications is 14 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?
The importation may take place immediately after the licence has been issued.
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?
Licence applications are considered only by the Trade Association within Chamber of Commerce and Industry.
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?
Allocation of quotas can be divided into three types: ordinary allocation, allocation on the basis of minimal quantity of reserves and allocation of additional quantities. Preliminary condition for the allocation of basic quota is at least 40 per cent utilisation of past year's allocated quantity. Other criteria are: sales revenue derived form textile products in the past year, retail network (number of shops and buyers that were supplied by applicant in past year), export value in the past year. Applicants that do not comply with the 40 per cent utilisation criteria can apply for the quota from the reserve. First time applicants and applicants that have not applied for quota in the past year can apply for so called minimal quantities that are defined by the commission for each item for current year. In addition to this reserve which accounts for ten per cent of total quota, supplemental quantity is allocated. Beside the reserve system, there is also system of return of unused quotas that assures better allocation of quotas and higher level of utilisation.
If the demand for licences cannot be fully satisfied the allocation of quotas is carried out on the basis of abovementioned criteria. The maximum amount allocated to applicant is not determined. Applications are examined simultaneously.
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?
A licence is not refused if the ordinary criteria relating to issuance are met.
Are the reasons for any refusal given to applicants?
The reasons for any denial are given to the applicant 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?
In the event of refusal to issue a licence the applicant has a right of appeal to the special commission for complaints within Chamber of Commerce and Industry.
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 entities and persons are eligible to apply for a licence.
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 following information are required in the application:
- complete name and address of applicant;
- customs tariff code;
- commercial name of goods;
- country of origin of goods;
- quantity;
- applicant’s sales revenue in the past year;
- number of retail stores supplied by the applicant;
- applicant’s exports value in the past year;
- utilisation of allocated quotas in the past year.
Q11. What documents are required upon actual importation?
The licence and the ordinary documents for customs purposes have to be submitted upon actual importation.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is a licensing fee in the amount of 3000 SIT.
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 issuance of licences.
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 until the end of the calendar year during which it has been granted. The validity can not be extended.
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 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?
There are no other conditions 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?
There are no other administrative procedures 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?
There is freedom of exchange operations.