REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES

Notification under Article 7.3 of the Agreement on Import Licensing Procedures ROMANIA

The following communication has been received from the Permanent Mission of Romania. Outline of System 1. Romania has changed its import (and export) licensing regime, mainly through the enactment of the following legislation, which came into force on 1 January 2004: The Romanian Government Decision No. 1526 of 18 December 2003 on the general export and import regime, published in the Monitorul Oficial al Romniei (Official Gazette of Romania), Part I, No. 937 of 24 December 2003, see WTO documents G/LIC/N/2/ROM/4 (dated 5 October 2005) and G/LIC/N/1/ROU/3(dated 19 October 2005). The Romanian Government Decision No. 1527 of 18 December 2003 on the rules and procedures regarding export and import licenses, published in the Monitorul Oficial al Romniei (Official Gazette of Romania), Part I, No. 936 of 24 December 2003, see WTO documents G/LIC/N/2/ROM/4 (dated 5 October 2005) andG/LIC/N/1/ROU/3 (dated 19 October 2005).

Government Decision No. 1526/2003 establishes the general rules for export and import regime from/into the Romanian custom territory in full compliance with the rules and procedures stipulated by the provisions of the Marrakesh Agreement on the establishment of the World Trade Organization and the other relevant international agreements and conventions to which Romania is party. The Romanian export and import regime is based on the premise that the export and import of goods are free, without being conditional on prior issuing of a licence, except where specific products are subject to one of the measures adopted in accordance with the provisions of this Decision: a) prohibitions, restrictions or other measures for control, certification or authorization on exports, imports or goods in transit, justified on grounds of: public morality, public policy or public security, the protection of health and life of humans, animals or plants, the protection of natural resources, the protection of national treasures of artistic, historic or archaeological value, the protection of intellectual, industrial or commercial property, rules relating to precious metals; safeguard measures; measures for monitoring exports or imports of certain products adopted in order to apply the provisions of international agreements and understandings; measures stipulated by law for the objectives of the market organizations for agricultural products; measures for the statistical surveillance of exports and imports of certain goods in view of assessing the tendencies and conditions of exports and imports; such surveillance measures for limited and exceptional situations, relating to the risk of threat with serious market prejudice, but with no intention of limiting market access.

b) c) d) e)

Romanias trade regime is free of quantitative restrictions.

Government Decision No. 1527/2003 establishes the general rules and procedures regarding export and import licenses in Romania. The issuing of export and import licenses stipulated in this Decision is ensured by the Ministry of Economy and Commerce, through the General Directorate for Trade Policies. The present regulations will apply until the accession of Romania into the European Union. Upon accession Romania will apply the European Union Common Commercial Policy. Purpose and Coverage of Licensing 2. See reply 1 and: a) Automatic import licenses The goods for which the automatic export and import licenses are issued by the Ministry of Economy and Commerce, through the General Directorate for Trade Polices, are established by the Order of the Order of the Minister of Economy and Commerce No. 391 of 22 December 2003 on goods subject to export and import automatic licenses, published in the Monitorul Oficial al Romniei (Official Gazette of Romania), Part I, No. 26 of 13 January 2004, see WTO documents G/LIC/N/2/ROM/4 (dated 5 October 2005) andG/LIC/N/1/ROU/3 (dated 19 October 2005). The Order No. 391 of 22 December 2003 was amended and the need for automatic import licenses was abolished gradually, as follows:
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The Order of the Minister of Economy and Commerce No. 842 of 8 December 2004 on some measures for removing the licenses for some radioactive products, published in the Monitorul Oficial al Romniei (Official Gazette of Romania), Part I, No. 1217 of 17 December 2004, see WTO documents G/LIC/N/2/ROM/4 (dated 5 October 2005) and G/LIC/N/1/ROU/3 (dated 19 October 2005). The Law No. 505 of 17 November 2004, published in the Monitorul Oficial al Romniei (Official Gazette of Romania), Part I, No. 1133 of 1 December 2004, for amending and completing the Law No. 300/2002 on legal regime of precursors used for the illicit manufacture of narcotic drugs, published in the Monitorul Oficial al Romniei (Official Gazette of Romania), Part I, No. 409 of 13 June 2002, see WTO documentsG/LIC/N/2/ROM/4 (dated 5 October 2005) and G/LIC/N/1/ROU/3 (dated 19 October 2005).

Starting from 1 October 2005 the requirement for automatic import licenses, for statistical purpose, was entirely abolished according to the Order of the Minister of Economy and Commerce No. 529 of 19 September 2005 for amending the Order No. 391 of 22 December 2003, published in the Monitorul Oficial al Romniei (Official Gazette of Romania), Part I, No. 860 of 23 September 2005, see WTO documentG/LIC/N/1/ROU/3/Add.1 (dated 16 January 2006). b) Non-automatic import licenses for the following goods: substances frequently used for the illicit manufacture of narcotic drugs (precursors) according to the Law No. 505/2004, see WTO documents G/LIC/N/2/ROM/4 (dated 5 October 2005) and G/LIC/N/1/ROU/3 (dated 19 October 2005). radioactive materials, nuclear installations and apparatus based on the use of Xrays or alpha, beta or gamma radiations, according to the Law No. 111/1996 amended and completed by the Law No. 193/2003, see WTO documents G/LIC/N/2/ROM/4 (dated 5 October 2005) and G/LIC/N/1/ROU/3 (dated 19 October 2005).

non-dangerous wastes, according to the Government Decision No. 228/2004, see WTO documents G/LIC/N/2/ROM/4 (dated 5 October 2005) and G/LIC/N/1/ROU/3 (dated 19 October 2005). products dangerous for the populations health and the environment, according to the Government Decision No. 2009/2004, see WTO documents G/LIC/N/2/ROM/4 (dated 5 October 2005) and G/LIC/N/1/ROU/3 (dated 19 October 2005).

3. 4.

The system of licenses provided in paragraph 2 is applied on a non-discriminatory basis, irrespective of the country of origin. There is no intention to restrict the quantity or the value of imports by means of licensing system or procedures. Romanias trade regime is free of quantitative restrictions. The purpose of the system are: a) Automatic import licenses At present the need for automatic import licenses is abolished. This system was in force, before 1 October 2005, for statistical purpose in order to provide fast, reliable and accurate data on the trend of imports. b) Non-automatic import licenses The purpose is to implement, through the licensing procedure, the following measures: (i) substances frequently used for the illicit production of narcotic drugs (precursors): measures necessary to protect human life and health, and to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances; This non-automatic licensing procedure is ongoing as there is a continuous need to protect human life and health and to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances. (ii) radioactive materials, nuclear installations and apparatus based on the use of X-rays or alpha, beta or gamma radiations: measures to protect the health of the general public and workers against the dangers arising from ionizing radiation; This non-automatic licensing procedure is ongoing as there is a continuous need to protect the health of general public and workers against the dangers arising from ionizing radiation. (iii) non-dangerous wastes: measures necessary to protect human life, health and the environment; This non-automatic licensing procedure is ongoing as there is a continuous need to protect human life, health and the environment. (iv) products dangerous for the populations health and the environment (fertilizers): measures necessary to protect human life, health and the environment. This non-automatic licensing procedure is ongoing as there is a continuous need to protect human life, health and the environment.

5.

See reply to question 1. Licensing is statutory required for the purpose listed in the relevant legislative texts. Product coverage is defined in the legislation and is not subject to administrative discretion. The system cannot be abolished without legislative approval.

Procedures 6. Romanias trade regime is free of quantitative restrictions. I. See also the reply to question 1. Romanias trade regime is free of quantitative restrictions. The general rules for export and import regime from/into the Romanian customs territory are established by the Government Decision No. 1526 of 18 December 2003, according to which can not be any quantitative restrictions. Information related to the regime of import and export and on the procedures regarding the import and export licenses is published in the Official Gazette of Romania (Monitorul Oficial al Romniei). II. III. IV. See reply to question 6. (I). See reply to question 6. (I). See reply to question 6. (I).

V. The applications for licenses are approved immediately on registration, to the extent administratively feasible, but within a maximum 5 working days from the day of their registration with the Ministry of Economy and Commerce. VI. Normally the licenses are valid until the end of the year for which they have been issued. See reply to question 6. ( I). Not applicable. Not applicable. Not applicable. Not applicable.

VII. VIII. IX. X. XI.

7.

(a) There is no fixed time-limit for submitting an application in advance of importation. It is up to the applicant to decide when to apply for a licence, knowing that the document will be issued within a maximum of five working days of receipt of application. (b) When submitted in appropriate and complete form, the applications shall be approved immediately on registration. (c) There are no limitations as to the time of the year during which applications may be made. (d) The consideration of licence applications is effected by a single administrative organ, the competent authority depending on the product. The application must not be passed on to other organs for approval and the importer has to approach only one administrative organ.

8.

There are no other circumstances, under which a licence application may be rejected, then failure to meet ordinary criteria. Applications for licenses should be submitted in appropriate and complete form without erasing, modification or addition using another typewriter. The reasons for rejection are given to the applicant. The applicants have the right of appeal if an application is rejected, as first judicial step to the competent authority in Romania for issuing a certain licence and, if they are not satisfied with the decision, they have the possibility to act in courts (Tribunals) according to the Law on Administrative Solicitors Job No. 554 of 2 December 2004.

Eligibility of Importers to Apply for Licence 9. All economic operators, without discrimination, registered in Romania are eligible to apply for import (or export) licenses. a) b) Not applicable. Yes. All economic operators registered with foreign trade activities by their statute and/or contract of association and the Legal Decision of Establishment of their companies are eligible to apply for licenses. All trading companies are required to register with the National Office of the Register of Commerce and the local taxation office. Registration costs about RON 305 (Romanian currency). Since the year 2001 a one-stop-office was established for streamlining and simplifying the registration of companies and since the year 2003 the silent approval procedure related to the registration of companies applies. Any person can obtain information about the economic operators entitled to perform foreign trade activities in Romania from the National Office of the Register of Commerce. Documentational and Other Requirements for Application for Licence 10. Usual information on the importer, exporter, designation of product, quantity, value, terms and conditions of delivery etc are required in the application form. A sample application is available for consultation in the Secretariat together with The Government Decision No. 1527 of 18 December 2003. For certain products, additional information and/or documentation may be required, as indicated in the specific regulations. 11. 12. 13. The licence itself is required upon importation. There is no licensing fee or administrative charge. A charge of RON 12 (Romanian currency) is payable for the licence application form. There are no deposit or advance payment requirements associated with the issuance of a licence.

Conditions of Licensing 14. The import licence is valid until the end of the calendar year during which it has been granted. The validity of a licence issued by the General Directorate of Trade Policy of the Ministry of Economy and Commerce can be extended over the end of the calendar year, when the licence expires, for a specific period, by Order of the Minister of Economy and Commerce, provided that the circumstances for which the respective system of licenses was established prevail. 15. 16. 17. There is no penalty for the non-utilisation of a licence or a portion of a licence. Licenses are not transferable between importers. There are no other conditions attached to the issue of a licence

Other Procedural Requirements 18. No other administrative procedures, apart from import licensing and similar administrative procedures are required prior to importation.

19. The banking authorities automatically provide foreign exchange for goods to be imported as well as to cover import licenses. A licence is not required as a condition to obtaining foreign exchange.