MONTENEGRO Negotiating Team for the Accession of Montenegro

MONTENEGRO 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 1

Chapter 29: CUSTOMS UNION TRANSIT (TIR, ATA, NCTS) MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION SUMMARY 1. Legal framework 2. Types of transit procedure 3. Responsibility and secure of payment 4. Conduct of transit procedure 5. Simplified procedure 6. TIR carnet 7. ATA carnet 8. NCTS MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION LEGAL FRAMEWORK 1. 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) 2. Implementing provisions to the Customs Law (Official Gazette of the Republic of Montenegro (15/03, 81/06, 38/08) 3. 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) 4. 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) 5. TIR Convention 6. Convention on temporary admission MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION Types of transit procedure 1. External transit 2. Internal transit M O NMTOE N N TE EG N R EOG R O Negotiating for. Accession the Accession of Montenegro the European Negotiating Team for the of Montenegro to theto. European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION 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. MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION 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 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION 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 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION 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 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION Conduct of transit procedure - Transit declaration Loading specification Security for payment Guarantee waiver Transport document MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION 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 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION 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 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION 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 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION 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 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION 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 48 h - Office of departure sends the urgency - Office of destination provides reply within 24 h - In case that the office od departure fails to receive the reply, it - Notifies the Head of Customs House - Notifies the Director MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

CUSTOMS UNION Chapter 29: Recovery of customs debt 1. When the office of destination detects irregularities at - Goods - Vehicles - Documents OR 2. 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 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION Simplified procedure 1. Movement of customs goods by post - Yellow label 2. Movement of customs goods by rail - CIM consignment note/ TR movement certificate 3. Movement of customs goods by sea– transit declaration 4. Movement of goods for support of NATO operations - Form 302 5. Authorized consignee 6. Authorized consignor MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION 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 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

CUSTOMS UNION Chapter 29: Office of departure, transit and destination Export Transit Import Office of departure Entry office Exit office Destination office Discharge MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Termination Chapter 29: Customs union

Chapter 29: CUSTOMS UNION 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 Safe. TIR MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION 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! MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

CUSTOMS UNION Chapter 29: ATA carnet - Transit coupon and counterfoil of blue colour Entry office Exit office Entry office Inland office MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Exit office Chapter 29: Customs union

Chapter 29: CUSTOMS UNION 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 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION 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 MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union

Chapter 29: CUSTOMS UNION Thank you for your attention! Igor Obradović Customs Administration MONTENEGRO Negotiating Team for the Accession of Montenegro to the European Union Chapter 29: Customs union