1 M O N T E N E G R
Description: 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 TRANSIT (TIR, ATA, NCTS)
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slide1. 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<br>
slide2. TRANSIT (TIR, ATA, NCTS)<br>
slide3. SUMMARY Legal framework
Types of transit procedure
Responsibility and secure of payment
Conduct of transit procedure
Simplified procedure
TIR carnet
ATA carnet
NCTS<br>
slide4. 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 contents and method of lodging of customs declaration and summary declaration (Official Gazette of the Republic of Montenegro 16/03, 43/04, 2/05, 14/05, 48/07)
Law on ratification of the Agreement between Serbia and Montenegro and North Atlantic Treaty Organization (NATO) on transit arrangements for support of peace operations (Official Gazette of Serbia and Montenegro – International treaties 13/2005)
TIR Convention
Convention on temporary admission<br>
slide5. Types of transit procedure External transit
Internal transit<br>
slide6. External transit Movement between two places in customs territory:
Foreign goods without payment of customs debt
Domestic goods for which the export procedure has been carried out
Movement is carried out pursuant to:
External transit
TIR carnet
ATA carnet
Postal services
Form 302 for NATO troops.<br>
slide7. Internal transit Movement of domestic goods
From one place to another within customs territory
Crossing territory of a third country
Without change in customs status<br>
slide8. Responsibility The principal is the holder of transit procedure
The goods are presented to the office of destination
The provisions of the transit procedure are followed
Consignee and carrier are also responsible for presentation of goods<br>
slide9. Security for payment Valid throughout customs territory
The amount of security for payment shall be up to the amount of customs debt
Security for payment is given under the prescribed conditions
Types: bank guarantee and cash deposit
Individual and general guarantee<br>
slide10. Conduct of transit procedure Transit declaration
Loading specification
Security for payment
Guarantee waiver
Transport document<br>
slide11. Office of departure Transit declaration
Submitted electronically
Office of departure accepts the declaration
Filled in SAD form
Sets the deadline
Affixes customs seals
If it is necessary, it also sets the route
Filled transit declaration
Keeps the copy of declaration<br>
slide12. Office of destination The goods and transit declaration are presented
Discharged electronically
Discharge at another customs house
Paper discharged only in cases of:
Technical problems
Infrastructure problems<br>
slide13. Enquiries Irregularities at the office of destination:
Violation of deadline for lodging of transit SAD
Neopravdanost razloga za prekoračenje
Initiation of the misdemeanour proceedings by the office of destination
Copy 5 of the SAD for the office of departure
Damage of customs seals
Initiation of the misdemeanour proceedings by the office of destination
Copy 5 of the SAD for the office of departure
In case of correctness of customs seals or justified reasons, declaration is discharged electronically<br>
slide14. Enquiry/urgency Irregularities at the office of destination:
Difference between the presented and declared goods
Discrepancy between copies 4 and 5 of the SAD
Lack of documents accompanying transit SAD
In case of minor irregularities:
Declaration is discharged electronically
In case of major irregularities :
Office of destination initiates misdemeanour proceedings
Copy 5 of the SAD for the office of departure<br>
slide15. Enquiry/urgency In case that the office od departure fails to receive following documents from the office of destination:
Notification on status of transit SAD or
Copy 5 of the SAD within 48h
Office of departure sends the urgency
Office of destination provides reply within 24h
In case that the office od departure fails to receive the reply, it
Notifies the Head of Customs House
Notifies the Director<br>
slide16. Recovery of customs debt When the office of destination detects irregularities at
Goods
Vehicles
Documents OR
When the office of departure fails to receive reply to urgency, it:
Initiates the procedure of recovery of customs debt
Notifies the principal
Releases the security for payment
3. The Principal has the right to prove that the transit procedure ended in prescribed manner<br>
slide17. Simplified procedure Movement of customs goods by post
Yellow label
Movement of customs goods by rail
- CIM consignment note/ TR movement certificate
Movement of customs goods by sea– transit declaration
Movement of goods for support of NATO operations
- Form302
Authorized consignee
Authorized consignor<br>
slide18. TIR Convention Legal Framework
TIR Convention (Official Gazette of SFRY 3/61),
TIR Handbook ECE/TRANS/TIR/6/Rev.9
Authorization to the customs offices to deal with TIR carnets
Authorization to the customs houses to approve the vehicles
Authorization to the carrier to accede to the TIR system
Valid as of 15 Septemer 2008<br>
slide19. Office of departure, transit and destination<br>
slide20. TIR carnet TIR carnet issued by the Chamber of Commerce of Montenegro
Solidary guarantor is the Chamber of Commerce of Montenegro
Guarantee up to 50,000 USD
Records of TIR carnet are electronical
Use of SafeTIR<br>
slide21. ATA Carnet Legal framework
Convention on temporary admission (Official Gazette of Montenegro 3/2008)
Valid as of 1 December 2008
ATA carnet issued by the Chamber of Commerce of Montenegro
Chamber of Commerce of Montenegro is guarantor for the ATA carnet
Accepted in transit procedure
If the border customs house cannot established fulfillment of condition for temporary admission!<br>
slide22. ATA carnet Transit coupon and counterfoil of blue colour<br>
slide23. NCTS Twinning light Project ’’Preparation of Customs Administration of Montenegro for implementation of New Computerised Transit System – NCTS‘‘ (28 january 2013 – 01 August 2013)
Drafted amendments to the Customs Law
Working group for implementation of NCTS and Steering Committee are established in MCA<br>
slide24. NCTS Planned outcome of the Twinning light Project:
-preparation of documents necessary for the implementation of the NCTS system
Next step – implementation of NCTS in Customs Information System
-It is necessary to provide financial resources<br>
slide25. Thank you for your attention!
Igor Obradović
Customs Administration<br>
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<br>
slide2. TRANSIT (TIR, ATA, NCTS)<br>
slide3. SUMMARY Legal framework
Types of transit procedure
Responsibility and secure of payment
Conduct of transit procedure
Simplified procedure
TIR carnet
ATA carnet
NCTS<br>
slide4. 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 contents and method of lodging of customs declaration and summary declaration (Official Gazette of the Republic of Montenegro 16/03, 43/04, 2/05, 14/05, 48/07)
Law on ratification of the Agreement between Serbia and Montenegro and North Atlantic Treaty Organization (NATO) on transit arrangements for support of peace operations (Official Gazette of Serbia and Montenegro – International treaties 13/2005)
TIR Convention
Convention on temporary admission<br>
slide5. Types of transit procedure External transit
Internal transit<br>
slide6. External transit Movement between two places in customs territory:
Foreign goods without payment of customs debt
Domestic goods for which the export procedure has been carried out
Movement is carried out pursuant to:
External transit
TIR carnet
ATA carnet
Postal services
Form 302 for NATO troops.<br>
slide7. Internal transit Movement of domestic goods
From one place to another within customs territory
Crossing territory of a third country
Without change in customs status<br>
slide8. Responsibility The principal is the holder of transit procedure
The goods are presented to the office of destination
The provisions of the transit procedure are followed
Consignee and carrier are also responsible for presentation of goods<br>
slide9. Security for payment Valid throughout customs territory
The amount of security for payment shall be up to the amount of customs debt
Security for payment is given under the prescribed conditions
Types: bank guarantee and cash deposit
Individual and general guarantee<br>
slide10. Conduct of transit procedure Transit declaration
Loading specification
Security for payment
Guarantee waiver
Transport document<br>
slide11. Office of departure Transit declaration
Submitted electronically
Office of departure accepts the declaration
Filled in SAD form
Sets the deadline
Affixes customs seals
If it is necessary, it also sets the route
Filled transit declaration
Keeps the copy of declaration<br>
slide12. Office of destination The goods and transit declaration are presented
Discharged electronically
Discharge at another customs house
Paper discharged only in cases of:
Technical problems
Infrastructure problems<br>
slide13. Enquiries Irregularities at the office of destination:
Violation of deadline for lodging of transit SAD
Neopravdanost razloga za prekoračenje
Initiation of the misdemeanour proceedings by the office of destination
Copy 5 of the SAD for the office of departure
Damage of customs seals
Initiation of the misdemeanour proceedings by the office of destination
Copy 5 of the SAD for the office of departure
In case of correctness of customs seals or justified reasons, declaration is discharged electronically<br>
slide14. Enquiry/urgency Irregularities at the office of destination:
Difference between the presented and declared goods
Discrepancy between copies 4 and 5 of the SAD
Lack of documents accompanying transit SAD
In case of minor irregularities:
Declaration is discharged electronically
In case of major irregularities :
Office of destination initiates misdemeanour proceedings
Copy 5 of the SAD for the office of departure<br>
slide15. Enquiry/urgency In case that the office od departure fails to receive following documents from the office of destination:
Notification on status of transit SAD or
Copy 5 of the SAD within 48h
Office of departure sends the urgency
Office of destination provides reply within 24h
In case that the office od departure fails to receive the reply, it
Notifies the Head of Customs House
Notifies the Director<br>
slide16. Recovery of customs debt When the office of destination detects irregularities at
Goods
Vehicles
Documents OR
When the office of departure fails to receive reply to urgency, it:
Initiates the procedure of recovery of customs debt
Notifies the principal
Releases the security for payment
3. The Principal has the right to prove that the transit procedure ended in prescribed manner<br>
slide17. Simplified procedure Movement of customs goods by post
Yellow label
Movement of customs goods by rail
- CIM consignment note/ TR movement certificate
Movement of customs goods by sea– transit declaration
Movement of goods for support of NATO operations
- Form302
Authorized consignee
Authorized consignor<br>
slide18. TIR Convention Legal Framework
TIR Convention (Official Gazette of SFRY 3/61),
TIR Handbook ECE/TRANS/TIR/6/Rev.9
Authorization to the customs offices to deal with TIR carnets
Authorization to the customs houses to approve the vehicles
Authorization to the carrier to accede to the TIR system
Valid as of 15 Septemer 2008<br>
slide19. Office of departure, transit and destination<br>
slide20. TIR carnet TIR carnet issued by the Chamber of Commerce of Montenegro
Solidary guarantor is the Chamber of Commerce of Montenegro
Guarantee up to 50,000 USD
Records of TIR carnet are electronical
Use of SafeTIR<br>
slide21. ATA Carnet Legal framework
Convention on temporary admission (Official Gazette of Montenegro 3/2008)
Valid as of 1 December 2008
ATA carnet issued by the Chamber of Commerce of Montenegro
Chamber of Commerce of Montenegro is guarantor for the ATA carnet
Accepted in transit procedure
If the border customs house cannot established fulfillment of condition for temporary admission!<br>
slide22. ATA carnet Transit coupon and counterfoil of blue colour<br>
slide23. NCTS Twinning light Project ’’Preparation of Customs Administration of Montenegro for implementation of New Computerised Transit System – NCTS‘‘ (28 january 2013 – 01 August 2013)
Drafted amendments to the Customs Law
Working group for implementation of NCTS and Steering Committee are established in MCA<br>
slide24. NCTS Planned outcome of the Twinning light Project:
-preparation of documents necessary for the implementation of the NCTS system
Next step – implementation of NCTS in Customs Information System
-It is necessary to provide financial resources<br>
slide25. Thank you for your attention!
Igor Obradović
Customs Administration<br>