Holder of measure: Foreign Trade Department

Characteristics of import and export licences

Import or export licence is the right and obligation of the holder to import or export goods when the licence is valid. For every import or export of goods outside the EU, an import (AGRIM) or export (AGREX) licence is necessary, which is issued by the Agency for Agricultural Markets and Rural development – Foreign Trade Department. A licence is also valid in other EU Member States and has a fixed term of validity.

A license obliges to import or export the quantity of goods stated on the license. A quantity of products can be bigger than the quantity stated on the licence only if the approved tolerance indicated in Field 19 is compliant with regulations for individual market organisation. Licence with advance fixing gives a right to export refund. The issue of a licence is conditioned by the payment of a security ensuring that import or export shall be performed in the term of validity of a licence; a security must be timely submitted.

• Quantitative licences for agricultural products
• Value licenses for compound products

BENEFICIARIES

A licence can be acquired by a natural or legal person established in the EU.

Time limits for the submission of applications

Deadline for submitting the application form for an import or export licence is every working day until 13.00 hours, and in case of tenders until 13.00 hours of the last working day of the tender.

The applicant addresses the application form for an import or export licence per post or fax or delivers it in person to the Agency of the RS for Agricultural Markets and Rural Development (Fax number: 00386 (0) 1/478 92 97). At the same time the applicant lodges a security in cash or as a bank guarantee and adequate proofs as an integral part of the application if necessary according to individual market organisation.

FORMS

The AAMRD issues an import or export licence pursuant to an adequately completed and timely submitted application form (standard form).

Forms and instructions ... 

Issue of import or export licence

The AAMRD issues an import or export licence printed on order form pursuant to an adequate application form. Import or export licence is printed in two copies (first copy for the addressee and the second for the issuing body). The original of the import or export licence must be returned to the AAMRD by the applicant in order for the security to be released. The licence must be submitted by the applicant in two months after the last validity day of the licence.

An import or export licence has a serial number and is certified with a metal stamp of the AAMRD. Issued licence must not be corrected or changed.

Transfer of a licence

A holder of an import or export licence can transfer the right to use the licence to another person (transferee), however, the obligations (security), deriving from the licence are not transferable. A transferee must not transfer the right to another person, except if it is transferred back to the licence holder – at that point the AAMRD completes the field 6 by »rights transferred back to the holder« and the date of the transfer, enters a name and address of the transferee and the date, and certifies it with a stamp. Transfer relates to the quantities not used yet. For certain agricultural products the transfer is not possible in accordance with regulations for individual market organisations.

Extract from the licence:

For the execution of more transactions simultaneously on the basis of one licence, the AAMRD can issue one or more extracts on request of a holder or transferee. The extract has the same legal effect as the original licence. The extract is comprised of two copies (the first copy is designated for the applicant and the second for the issuing body).

The field 5 is completed with the name and the address of the AAMRD issuing the extract.

Replacement licence

The AAMRD issues a replacement licence on request of an applicant or issuing body, when the original licence is lost; when a certain export refund is bigger than nothing; when an original licence was destroyed, and was not used in total. If a replacement licence is lost, a new replacement licence will not be issued.

A replacement licence contains data and entries of the primary licence and is issued for the quantity stated on the original licence. Field 22 is completed with the following text: »replacement licence of the lost licence” and the number of the primary licence.

Withdrawing the licence or extending the validity of the licence

When circumstances arise that present force majeure, the AAMRD extends the term of validity or repeals the licence and releases the security on request of an applicant. For this purpose the applicant submits proofs about the circumstance representing force majeure within six months from the expiry of the term of validity of a licence.

Licence is not necessary for the following:

• Non-Annex 1 products;
• Activities determined in Articles 36, 40, 44, 45 and 46 (1) of EC Regulation No 800/99 (supply of ocean-going ships, aircraft on international flights, supply of armed forces stationed in the territory of a Member State, supply of board drilling or other platforms, supply of military and auxiliary vessels flying the flag of a Member State);
• Activities of non-commercial nature (personal packages, not reflecting commercial interest);
• Activities stated in the Regulation (EEC) No 918/83 (goods, exempt from customs duties);
• Activities relating to quantities that do not exceed those stated in the Annex to Regulation (EC) No 1291/00
• Products intended for humanitarian aid to third countries
• Re-export

LEGAL BASIS

Beside the stated general characteristics of an import or export licence, applicants must in particular consider EU regulations relating to individual market organisations to which the product falls in, for which the claim for an import or export licence is lodged.

• Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products, and all changes and amendments thereof, and
• Special regulations defining rules for individual market organisations.

Applicants bear full responsibility for knowing legal bases taken into consideration at lodging application forms for import or export licences. The AAMRD does not assume responsibility for consequences deriving from misunderstanding or release of given information.

More...