ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of March 7, 2008 No. 262

About administration of the tariff quotas on commodity export to the European Union

For the purpose of ensuring accomplishment of provisions of the Law No. 1031-XIV of June 8, 2000 on state regulation of foreign trade activity (The official monitor of the Republic of Moldova, 2000, N 119-120, Art. 838) DECIDES: the Government

1. Approve Regulations on administration of the tariff quotas on commodity export to the European Union it (is applied).

2. Equip the Ministry of Economics with functions on management of the tariff quotas on commodity export to the European Union.

3. To impose control over the implementation of this resolution on the Ministry of Economics.

Approved by the Order of the Government of the Republic of Moldova of March 7, 2008 No. 262

Regulations on administration of the tariff quotas on commodity export to the European Union

I. General provisions

1. The regulations on administration of the tariff quotas on commodity export to the European Union (further - the Provision) are developed according to the Law No. 1031-XIV of June 8, 2000 on state regulation of foreign trade activity, and also for the purpose of application of provisions of Regulations of the Council of the European Union N 55/2008 of January 21, 2008 about introduction of trade autonomous preferences for the Republic of Moldova and the change made to Regulations of the EU N 980/2005 and Decisions of the Commission 2005/924/CE.

2. This Provision establishes the mechanism of distribution of export quotas to the countries of the European Union of products made in the Republic of Moldova for which the tariff quotas according to appendix No. 1 to this Provision were established.

II. The principle of distribution of the export quotas of products provided by the European Union

3. Export quotas of products concerning which the tariff quotas are established are distributed proceeding from amounts of products of the export company and/or its capability to take up the provided quotas.

4. Issue of authorizations on commodity export to the European Union is performed according to the procedure of reception of applications according to the basic principle "the first came - the first received" with restriction of the offered quotas no more than 10% of amount of the available tariff quotas, except for goods of goods items 0408 and 1701 Commodity nomenclatures of the Republic of Moldova approved by the Order of the Government N 1525 of December 29, 2007.

5. Issue of export authorization for products of goods items 0407 00 Eggs of birds in shell, 0408 Eggs of birds without shell and egg yolks, others, except not corresponding to food consumption, and 1701 99 10 White sugar is performed only to producers of sugar and eggs of the Republic of Moldova depending on amounts of products made in previous year and the available remaining balance.

The Ministry of Economics at the beginning of every year, on the basis of the available statistical data, determines distribution of quotas for each producer of the specified products. From written consent of one of producers of sugar or eggs of quota can be distributed for benefit of other producers, depending on the available inventories.

6. Account of the adopted statements is kept in the register of Licensed chamber on first come.

III. Procedure for issue of authorizations

7. For receipt of export quotas of products in prefential treatment economic agents submit the following documents to member countries of the European Union:

statement for provision of export quotas;

the declaration of the exporter according to appendix No. 3 to this Provision;

copy of the purchase and sale agreement or delivery agreement;

the copy of the education document of the company in which it is stipulated that export is one of types of activity of this company.

8. The documents specified in Item 7, are represented to Licensed chamber in the original or in the copies certified according to the current legislation.

9. The authorization providing the size of the distributed quota is issued by Licensed chamber free of charge for each batch proceeding from limit of the provided quota to 10% from amounts of the quotas provided by the European Union for each economic agent according to appendix No. 2.

10. The statement for provision of the export quota, and also the declaration of the exporter are filled in with the applicant, contain all necessary data and go to Licensed chamber.

11. Responsibility for accuracy of the information, provided in the documents specified in Item 7, only the exporter bears.

IV. Procedure for administration of export quotas of products in prefential treatment to the countries of the European Union

12. Documents which contain mistakes, incomplete data or corrections are not taken into account by provision of export quotas.

13. Economic agents who confirm use of the quota issued to them by submission of the copy of the customs declaration for export can receive new quota within the available amounts. In case when deliveries of goods to export are drawn up at the same time in different member countries of the European Union, the Licensed chamber also issues to the economic agent several authorizations for export within the quota provided in Item 4, according to the procedure established in this Provision.

14. Economic agents who do not confirm implementation in the normal mode of the contract for delivery at least 90% of the amount allocated according to the export certificate cannot receive new quota.

15. Authorization for export is issued within 5 working days from the date of filing of application and is valid within 30 days from the moment of issue.

16. Only persons authorized in accordance with the established procedure by the export company can receive the authorization for export issued by Licensed chamber.

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