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Question 1:

Can the license for the retail sale of tobacco products, issued to one business entity, be transferred to another business entity that performs activity in the same retail store/ retail facility?

Answer:

Provisions of Article 45. of Tobacco Law ("Off. Gazette of RS", No. 101/05, 90/07, 95/10, 36/11, 93/12 i 108/13) define requirements to be met by the business entity to be able to conduct retail trade in tobacco products. Tobacco Administration establishes the fulfillment of requirements, and they are related to the specific business entity- applicant. The business entity has the right to start conducting business, after issuance of permits.

Regarding above mentioned, operating license, which is issued to one business entity, can not be transferred to another, given that this license applies to a specific business entity (related to a "legal person") and in compliance with legal requirements by that entity.

 

Question 2:

Whether, in the event of termination of the activity of retail trade in tobacco products , during the validity of the license, business entity may refund the fee paid for it?

Answer:

Pursuant to Article 48 Paragraph 7 of The Tobacco Law ("Off . Gazette of RS ", No. 101/05, 90/07, 95/10, 36/11, 93/12 and 108/13), payment of fee is not refundable to the retailer whose license has been revoked, or which has decided to ceases to conduct retail trade in tobacco products.

 

Question 3:

Are there different requirements for obtaining a license for the production of cigarettes from the conditions for the production of other tobacco products (cigars, cigarillos, smoking tobacco, etc.)?

Answer:

Production of tobacco products (cigarettes, cigars, cigarillos, fine cut tobacco, pipe tobacco, chewing tobacco and snuff) can be carried out only after obtaining licenses for production of tobacco products issued by the Government of Republic of Serbia after a public tender, in accordance with Art. 26-33. and Article 36. of The Tobacco Law ("Off . Gazette of RS ", No. 101/05, 90/07, 95/10, 36/11, 93/12 and 108/13). These conditions shall apply to every production of tobacco products, regardless of the type of product, quantity, method of production, etc, and there are no exceptions.

 

Question 4:

Is it possible for a newly established business entity, which status has changed by division of the company, that already had a license to trade in tobacco products, to proceed with the sale of tobacco products on the basis of the existing license issued by Tobacco Administration?

Answer:

Permission to conduct retail sale that is received from the Tobacco Administration, can not be transferred to companies that are established by changing of status - the division of the company, but it is necessary for new companies that wish to engage in retail trade in tobacco products, to submit a request to the Tobacco Administration for a license and to submit proof of meeting the requirements of Article 45. of Tobacco Law ("Off . Gazette of RS ", No. 101/05, 90/07, 95/10, 36/11, 93/12 and 108/13), which includes the payment of the determined fee for each retail store.

 

Question 5:

In what way can one get information about the conditions and documents required for obtaining / renewal of licenses for the retail trade in tobacco products?

Answer:

All information about the conditions and documents required for obtaining / renewal of licenses for the sale of tobacco products are available:

-in the premises of Tobacco Administration, Beogradska no.70/1 , 11000 Belgrade;

- Telephone number: 011/3021-804, 3021-806;

- The website of the Tobacco Administration-Ministry of Finance: www.duvan.gov.rs

 

Question 6:

In case of withdrawal of licenses for the retail sale of tobacco products, in which period retailer may apply for a new license?

Answer:

Retailer of tobacco products, which license was withdrawn because his legally responsible person was convicted of a crime of illegal trade in tobacco products or because the permit holder was legally punished for an offense under this Law, may not apply for new license to conduct that activity within one year from the date of the decision to revoke the license.

When the license was revoked at the request of the holder, there is no limit to the period in which it may apply for a new license.

When the license was revoked because the holder has ceased to meet the requirements for its issuance, a request for new license may be submitted to the Administration immediately after acquiring the prescribed conditions.

 

Question 7:

Where can I find a table - forms and codes of tobacco products to submit semi-annual and annual reports concerning the operations of retailers of tobacco products?

Answer:

Forms PI-TMDP I and II GI-TMDP are integral part of the Rulebook on the content and method of keeping records by manufacturers of tobacco products, wholesalers and retail sale of tobacco products, importers and exporters of tobacco, processed tobacco and tobacco products ("Off. Gazette RS ", No. 114/05 and 118/07).

Table - forms and codes of tobacco products can be obtained :

- In the premises of Tobacco Administration, Beogradska no. 70/1, 11000 Belgrade;

- The website of the Ministry of Finance-Tobacco Administration: www.duvan.gov.rs, (Records and Codebooks: Business entities registered in the Record list of retailers of tobacco products).

 

Question 8:

Is it possible to extend the deadline for the submission of semi-annual and annual reports concerning the operations of retailers of tobacco products?

Answer:

Pursuant to Article 7, Paragraph 2 of the Tobacco Law ("Off. Gazette of RS", No. 101/05, 90/07, 95/10, 36/11, 93/12 and 108/13) tobacco product manufacturers, importers and exporters tobacco, processed tobacco and tobacco products, wholesalers and retail sale of tobacco products are obliged to submit reports to the Administration no later than 15 days from the date of expiry of the period for which the report is submitted as follows: Semi-annual reports (PI-PDP I, PI-TVDP I, PI-TMDP I, PI-UDP I and PI-IDP I) by 15 July of the current year, annual reports (GI-PDP II, GI-TVDP II, GI-TMDP II, GI-UDP II and GI-II IDP) until January 15 next year.

Pursuant to Article 7, paragraph 4 of the Law on tobacco manufacturers and tobacco processors shall submit reports on the data on which they keep records, at the request of the Administration, within the period determined by the Administration.

Accordingly, the deadlines for submission of the report may not be extended.

 

Question 9:

When a wholesalers of tobacco products shall make an inventory of cigarettes and prepare a report on the volume of cigarette sales to all the retailers?

Answer:

In accordance with Article 44a of the Tobacco Law ("Official Gazette of RS", no. 101/05, 90/07, 95/10, 36/11, 93/12 and 108/13), the wholesalers of tobacco products shall be required, at any change in the amount of excise duty on cigarettes, including a change of the minimum excise duty on cigarettes, in accordance with the regulations governing the field of excise duty, on the day of implementation of the new excise amount to take an inventory of existing stocks of cigarettes (in packs) in all warehouses, as well as prepare a report on the volume of cigarette sales to all the retailers in the six months preceding the change of the amount of excise tax per each brand of cigarettes in particular.

 

Question 10:

Does the license for conducting retail trade in tobacco products may be issued with a shorter expiry date?

Answer:

Pursuant to Article 46 of the Tobacco Law ("Official Gazette of RS" No.101 / 05, 90/07, 95/10, 36/11, 93/12 and 108/13), Decision for the issue of license for conducting retail trade of tobacco products, contain the term for which the license is issued.

 

Question 11:

Is a registered wholesaler of tobacco products may hire other business entities only for the storage and transportation of tobacco products (logistics)?

Answer:

Regarding this answer, we quote the Opinion of the Ministry of Agriculture, Trade, Forestry and Water Management, no. 011-00-157 / 2012-09 of 19.4.2012. year.

"Article 2 of the Rulebook on conditions in terms of adequate space for wholesale trade in tobacco products (" Off. Gazette of RS ", no. 116/2005) stipulates, among other things, that keeping storage of tobacco products and cigarettes can perform business entities engaged in wholesale trade in tobacco products (cigarettes).

Article 7 of the Rulebook on appearance, content and manner of a mark on the means of transport designed for the transportation of tobacco products, as well as on sanitary and hygienic conditions of these means ("Off. Gazette of RS", no. 15/2006) stipulates, among other things, that transport of tobacco products can perform business entities engaged in tobacco processing, wholesale and retail sale of tobacco products.

Storage and transportation of tobacco products may only be carried out by business entities engaged in processing of tobacco, wholesale of tobacco products in accordance with the Rulebook on conditions in terms of adequate space for wholesale trade in tobacco products and the Rulebook on appearance, content and manner of a mark on the means of transport designed for the transportation of tobacco products, as well as on sanitary and hygienic conditions of these means. Retailers can perform the transport of tobacco products in accordance with the Rulebook on appearance, content and manner of a mark on the means of transport designed for the transportation of tobacco products, as well as on sanitary and hygienic conditions of these means.

Business entities that do not meet the requirements of Article 38 of the Law on Tobacco ("Off. Gazette of RS", no. 101/2005, 90/2007, 95/2010, 36/2011 and 6 / 2012- further: Law) and the requirements of Rulebook on conditions in terms of adequate space for wholesale trade in tobacco products and the Rulebook on appearance, content and manner of a mark on the means of transport designed for the transportation of tobacco products, as well as on sanitary and hygienic conditions of these means, may not perform storage and transportation of tobacco products . Therefore, the involvement of other business entities only for the storage and transportation of tobacco products is not in accordance with law."