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1 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 29 – Customs union Bilateral screening:

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Presentation on theme: "1 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 29 – Customs union Bilateral screening:"— Presentation transcript:

1 1 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 29 – Customs union Bilateral screening: Chapter 29 PRESENTATION OF MONTENEGRO Brussels, May 2013

2 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union CUSTOMS RULES AND PROCEDURES LEGAL FRAMEWORK - Customs Law (Official Gazette of the Republic of Montenegro 07/02, 38/02, 72/02, 21/03, 29/05, 66/06 and Official Gazette of Montenegro 21/08) -Implementing provisions to the Customs Law (Official Gazette of the Republic of Montenegro 15/03, 81/06 and Official Gazette of Montenegro 38/08). - Rulebook on the form, content, methods of lodging and filing the customs declaration and summary declaration (Official Gazette of the Republic of Montenegro 16/03, 43/04, 2/05, 14/05 and 48/07)

3 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union CUSTOMS TERRITORY Customs Law, Article 5 -comprise the territory of Montenegro, including territorial waters, bays and airspace -enclosed by the customs boundary line

4 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union REPRESENTATION Customs Law, Article 6 and 6a -direct and indirect -customs agent

5 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union DECISIONS Customs Law, Article 8 Implementing provisions, Article 176-184 -request -proof and documents which are necessary for issue of decision -first instance proceeding – CA and customs houses -appeal against the first-instance decision -appeal procedure – Ministry of Finance

6 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union DECISIONS Customs Law, Article 8 -Law on General Administrative Procedure (Official Gazette of the Republic of Montenegro 60/03 and Official Gazette of Montenegro No. 32/11) -basic principles: -legality -conducting hearings -two instances (right to appeal) -efficiency... -regular procedure and summary procedure

7 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union INFORMATION Customs Law, Articles 11 and 12 -of the enforcement of customs regulations -binding information

8 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union CUSTOMS SUPERVISION AND CONTROL Customs Law, Articles 14, 46 -throughout the customs territory -from the time of entry the customs territory -selectively, according to the risk analysis -cooperation with other authorities

9 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union Customs Law, Articles 15 - 17 -obligation of participants in the customs procedure to submit all required information and documents and provide assistance -confidential data -keeping documents

10 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union DECLARING AND PRESENTATION OF GOODS Customs Law, Articles 47-52 -all the goods entering or leaving the customs territory -goods shall be conveyed to the designated customs office or to a free zone -presentation of goods by the person bringing the goods into the customs territory -permission for customs-approved treatment or use

11 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union DECLARATION OF GOODS Customs Law, Articles 53-59 -customs declaration and summary declaration shall be submitted in the prescribed forms -unloaded or transhipped, only with the permission of the customs authorities -for the purpose of inspecting goods, the customs authorities may require goods to be unloaded -customs-approved treatment or use (within 45/20 days)

12 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union TEMPORARY STORAGE OF GOODS Customs Law, Articles 60-63 -status of goods in temporary storage -security to ensure payment of any customs debt -goods can be subject only to such forms of handling as are designed to ensure their preservation in an unaltered state

13 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union PLACING OF GOODS UNDER A CUSTOMS PROCEDURE Customs Law, Articles 68-69 presentation of customs declaration for the required procedure: -in writing -using a data-processing technique -oral or or any other act

14 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union CUSTOMS DECLARATION Customs Law, Articles 70-83 -in writing in a prescribed form -accompanied by all the required documents -accepted by the customs authorities immediately -the right to examine the documents and the goods -the right to take all necessary measures, including confiscation and sale -the declarant must be established in Montenegro (exception: transit and temporary admission)

15 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union SIMPLIFIED PROCEDURES Customs Law, Article 84 -simplified declaration -commercial or administrative document (invoice) -entry in the records (local clearance) electronic monitoring of simplified procedures based on the invoice electronic submission of customs declaration (entry in the records) for export procedure (ongoing project for import)

16 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union POST-CLEARANCE EXAMINATION OF DECLARATION Customs Law, Article 85 -examination after release of the goods -inspect the commercial documents and data and examine the goods where it is still possible -at the premises of the declarant, of any other person in possession of the documents -taking the measures to properly implement procedures

17 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union RELEASE FOR FREE CIRCULATION Customs Law, Articles 87 - 91 - goods acquired the status of domestic goods - application of a more favourable rate - classification of goods in the tariff classification of the goods which are subject to the highest rate of import duty - customs supervision for the goods which are released for free circulation at a reduced or zero rate of duty - loss of status of domestic goods

18 CUSTOMS UNION Chapter 29: M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union THANK YOU FOR YOUR ATTENTION QUESTIONS AND ANSWERS Tatjana Vujisić Department of customs operations, monitoring and implementation customs and other legislation phone: +382 20 442 020 e-mail: tatjana.vujisic@carina.gov.me


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