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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 Customs rules and procedure / Procedures with deferred payment and customs procedures with economic impact/ Other forms of customs allowed treatment or use Brussels, June 2013

2 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 Procedures with deferred payment External transit Customs warehousing Inward processing with application of suspension system Processing under customs supervision Temporary admission Customs procedures with economic impact Customs warehousing Inward processing Processing under customs supervision Temporary admission Outward processing Internal transit Other forms of customs allowed treatment or use Free zones Duty free shops Re-export, destruction and giving away in favour of the state

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 Legal framework Customs Law (Official Gazette of the Republic of Montenegro 7/02, 38/02, 72/02, 21/03, 31/03, 29/05, 66/06, 21/08) Implementing Provisions to the Customs Law (Official Gazette of the Republic of Montenegro 15/03, 81/06, 38/08) Rulebook on form, contents and method of lodging and filling of SAD and summary declaration (16/03,43/04, 2/2005, 14/2005 i 48/2007 ).

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 Customs procedures with economic impact Customs warehousing Customs Law (Articles 105-118) Implementing Provisions to the Customs Law (Article 185-218) Approved for: *foreign goods, which at that time are not subject to import customs duties and trade measures *domestic goods intended for export with application of measured prescribed for export. *Public warehouse, where any person may store goods *Private warehouse, where the holder of the warehouse is storing the goods Required authorization of the authority territorially competent in reference to the proposed location of the customs warehouse Economic justifiability Depositing security for payment Authorization is issued for unlimited period of time

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 Customs procedures with economic impact Customs warehousing Unlimited storing of the goods Routine procedures and treatment (Annex 14 of the implementing provisions) Temporary removal, transfer to another warehouse without ending of warehousing procedure and joint warehousing of the goods under different customs status – special stock records Stock records Application of commercial policy measures Supervision and control Handbook for procedure of customs warehousing

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 Customs procedures with economic impact Inward processing Customs Law (Articles 119-126) Implementing Provisions to the Customs Law (Articles 219-309) Suspension system Repayment system Processing operations: 1.The working of goods, including mounting, assembling or fitting them to other goods 1.Processing of goods 2.The repair of goods, including restoring them and putting them in order 3.The use of certain goods which are not to be found in the obtained products Use of equivalent goods The authorization is required

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 Customs procedures with economic impact Inward processing Identification of imported goods in obtained products Economic conditions Stock records Rate of yield Time limited Obtained product Ending of procedure Control Handbook for procedure of inward processing

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 procedures with economic impact Processing under customs supervision Customs Law (Articles 133-139) Implementing Provisions to the Customs Law (Articles 310 -327) Use of foreign goods, without being subject to customs duties or commercial policy measures, for the purpose of processing and releasing into free circulation in the form of processed products. Type of goods and processing operations are defined in the Annex 23 of the Implementing provisions Authorization required Time limited Rate of yield Control of procedure

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 procedures with economic impact Outward processing Customs Law (Articles 148-162) Implementing Provisions to the Customs Law (Articles 396-425) Allowed for domestic goods, temporarily exported from customs territory for processing purposes. Obtained products is released for free circulation with : full relief from payment of customs duties (warranty period, manufacturing defect) partial relief from payment of customs duties on import (calculation is done for the amount of difference between the amount of duties for obtained products and duties for exported goods or the calculation is done on the basis of processing costs -Processing operations -Identification of temporarily exported goods in obtained products

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 Customs procedures with economic impact Outward processing Authorization required System of standard replacement Rate of yield Time limited Temporary exportation of domestic goods is subject to trade measures and other formalities prescribed for export of domestic goods from customs territory.

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 Customs procedures with economic impact Temporary admission Convention on temporary admission (Official Gazette of Montenegro 3/2008) Customs Law (Articles 140-148) Implementing Provisions to the Customs Law (Articles 328-396) Use of foreign goods intended for re-export full relief from payment of import duties and without being subject to the commercial policy measures – goods from the Annex B1-D of the Convention on temporary admission declaring: - With ATA Carnet or lodging declaration - With written statement upon the oral declaration - With conclusive act partial relief (obligation of monthly payment of 3 % of the import customs debt) – Annex E of the Convention of Temporary Admission

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 Customs procedures with economic impact Temporary admission Not approved for consumer goods and the goods not intended for re-export Authorization required – prescribed form from the Annex 12 D of the Implementing provisions and Authorization – Annex 13 D of the Implementing provisions Lodging of security for payment Exemption from lodging security for payment Time limited Ending of procedure is completed when the new customs allowed treatment or use is approved. Special cases of ending (Article 361 of the Implementing Provisions)

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 Other forms of customs allowed treatment or use Free Zones Law on free zones (Official Gazette of the Republic of Montenegro 42/02, 11/07, 76/2008, 40/2011) Customs Law (Articles 167 -181) Implementing Provisions to the Customs Law (Articles 521-562) Establishment and management (approval from the Government is required) Start of work (Decision from the Customs administration is required) Warehousing - foreign goods without payment of customs duties or applicable trade measures -domestic goods Customs supervision

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 Other forms of customs allowed treatment or use Free Zones Stock records Time unlimited Processing within the zone Treatment of goods Catering of vessels (legal framework –separate Rulebook) Bringing the goods out of zone

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 Other forms of customs allowed treatment or use Duty free shops Customs Law (Article 181a) Regulation on duty free shops (Official Gazette of Montenegro 50/2009) International airports and ports Sale of goods to passengers going abroad Approval required (Ministry of Finance) Records

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 Other forms of customs allowed treatment or use Re-export, destruction and surrender of goods to the governemnt Customs Law (Article 182) Implementing provisions to the Customs Law (Article 563-565) Foreign goods Trade measures for export Customs office is notified Destruction or abandonment of the goods shall not entail any costs to the government Waste and scraps Supervision

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 Thank you for your attention Sonja Kovačević Department of Customs Audit phone (+382)20 442 007 sonja.kovacevic@carina.gov.me Milena Radović Department of customs affairs, monitoring and implementation of customs and other regulations phone (+382)20 442 021 milena.radovic@carina.gov.me

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