Working Group for Chapter 29 Customs union Bilateral screening Chapter 29 PRESENTATION OF MONTENEGRO Brussels May 2013 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 ID: 1027500
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1. 1 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European UnionWorking Group for Chapter 29 – Customs unionBilateral screening: Chapter 29PRESENTATION OF MONTENEGROBrussels, May 2013
2. CUSTOMS UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionCUSTOMS 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 UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionCUSTOMS TERRITORYCustoms Law, Article 5 -comprise the territory of Montenegro, including territorial waters, bays and airspace -enclosed by the customs boundary line
4. CUSTOMS UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionREPRESENTATIONCustoms Law, Article 6 and 6a -direct and indirect -customs agent
5. CUSTOMS UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionDECISIONSCustoms Law, Article 8Implementing 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 UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionDECISIONSCustoms 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 UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionINFORMATION Customs Law, Articles 11 and 12 -of the enforcement of customs regulations -binding information
8. CUSTOMS UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionCUSTOMS 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 UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionCustoms 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 UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionDECLARING 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 UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionDECLARATION OF GOODSCustoms 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 UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionTEMPORARY STORAGE OF GOODSCustoms 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 UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionPLACING OF GOODS UNDER A CUSTOMS PROCEDURECustoms 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 UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionCUSTOMS DECLARATIONCustoms 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 UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionSIMPLIFIED PROCEDURESCustoms Law, Article 84 -simplified declaration -commercial or administrative document (invoice) -entry in the records (local clearance)electronic monitoring of simplified procedures based on the invoiceelectronic submission of customs declaration (entry in the records) for export procedure (ongoing project for import)
16. CUSTOMS UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionPOST-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 UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionRELEASE FOR FREE CIRCULATIONCustoms 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 UNIONChapter 29:M O N T E N E G R ONegotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs unionTHANK YOU FOR YOUR ATTENTIONQUESTIONS 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