`Monopoly' and Manufacturing License; Imports - Exports

The provisions of G.D. No. 23/1995 concerning the introducing of the marking system for cigarettes, tobacco products and spirits, corroborated with the art. 5 of the Order No. 1172/1998, sets up the requirement for to obtain the license attesting the right of marking the cigarettes and tobacco products. This license is required for imported tobacco products and cigarettes, where this license attests the right to carry out the import (art. 6.B of the Norms approved by the Order No. 1172/1998), as well as for the tobacco products and cigarettes domestically manufactured, for which, besides the said license - that is issued by the Ministry of Finance [art.6 A (1)] - a manufacturing license issued by the Ministry of Food and Agriculture is required as well [art. 6.A. (2) lett. a)]. The same conclusion arises from G.D. No. 27/2000 concerning the products subject to excises (published into the Official Gazette of Romania No. 42/31.01.2000).

As regards the export, art. 7 of the GD No. 23/1995, as amended and completed by art. 1.4 of the EO No. 47/2000 (published into the Official Gazette of Romania No. 45/05.05.2000), provides the following items are not subject to marking by stamps and therefore a license attesting the marking right is not needed:

• The products domestically manufactured and meant to be exported (art. 7 par. 1 of the GD 23/1995);
• The tobacco products that are exported under temporary export regime with a view to their depersonalization and re-importing for testing the market (art. 1.4. of the EO 47/2000).

Effective from 11th of October, 2001 - meaning "the date of coming into force of the State Monopoly Law" (as specified by point 2. above) - the undertakings carrying out activities concerning tobacco products must apply for the license required by the State Monopoly Law (deadline, as we have aforementioned, is 9th January 2002).

From the grammatical interpretation of the articles 16 and 17 par. 1 of the State Monopoly Law and their corroboration with the provisions applying to the licenses for attesting the marking right and as well reviewing the articles 2 letter f) and 9 from the State Monopoly Law, it results as follows:

• For the products imported with a view to trading them in Romania, both of the licenses, the license for attesting the marking right (which attests also the right to import these products), and the license stipulated by the State Monopoly Law, are required;
• For the tobacco products manufactured in Romania for to be domestically traded both of the said licenses are also required;
• For the trade in Romania of tobacco products by the undertakings that do not manufacture or import such products, it is not necessary to obtain either the license for attesting the marking right or the license required the State Monopoly Law;
• For the tobacco products manufactured in Romania, in view of their export, the license required by the State Monopoly Law is needed only, and not at all the license for attesting the marking right;
• For the export of tobacco products under temporary export, with a view to their depersonalizing, neither the license for attesting the marking right nor the license provided for by the State Monopoly Law is required.

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