прописи на енглеском језику

The present Law shall deal with the conditions for and way of producing, processing, refinement and putting on the market tobacco, processed tobacco and refined tobacco, as well as production, classification and distribution of tobacco products in the Republic of Serbia (hereinafter: the Republic), keeping of registers, evidence lists and records; set the kinds of data on the composition and marking of tobacco products; establish the Tobacco Administration and govern the supervision over enforcement of the present Law.

 

The meaning of some of the expressions used in the present Law shall be as follows:

1) Tobacco shall mean the leaves of the cultivated Nicotina tabacum L. plant species in all forms and on all levels of plant production, processing and packing, which are not serving for final consumption (non-processed tobacco);

2) Processed tobacco shall mean the tobacco which has been processed by the technological method of seasonal and non-seasonal fermentation and thermal treatment, including: whole processed tobacco leaf (in the case of oriental and semi-oriental tobaccos), parts of leaf blade/strip and ribs (in the case of Virginia and Burley tobaccos) and shreds and small pieces of leaf blade (in the case of all kinds of tobacco), as well as tobacco waste;

2а) Tobacco waste shall mean small pieces of processed tobacco, parts of ribs and dust resulting from the process of manipulation, processing and refinement of tobacco that may be used primarily in the production of reconstituted tobacco in line with special regulations, technological procedure for reconstituted tobacco production and professional rules. Waste management regulations shall not apply to the tobacco waste from this item;

2b) Refined tobacco in the sense of this Law shall mean the tobacco received from the industrial procedure of processed tobacco refinement that shall be used exclusively as the tobacco raw material for the production of tobacco products as well as the reconstituted tobacco (homogenized tobacco, i.e. tobacco foil) and expanded tobacco;

3) Tobacco products shall mean the products which in terms quality are up to the standards set by law and they include the following: cigars and cigarillos, cigarettes, smoking tobacco and other tobacco products;

(1) Cigars and cigarillos shall mean the following:

a)  Rolls of tobacco which may be smoked in given state and which are wholly made of natural tobacco;

b)  Rolls of tobacco which can be smoked in given state and the outer shell of which is made of natural tobacco;

c) Rolls of tobacco consisting of a mixture of sinew-free tobacco with outer shell in the natural colour of cigar which covers the product wholly, with filter when opted for, except in the case of tipped cigars, where the tip and shell are made of tobacco foil, the weight per unit, without filter or holder, being at least 1.2 grams and the shell of which is wound spirally at acute angle of at least 30^o in relation to the cigar longitudinal axis;

d)  Rolls of tobacco consisting of sinew-free tobacco with a shell in the natural colour of tobacco which covers the product wholly, with filter when so opted for, except in the case of   tipped cigars, where the tip and shell are made of tobacco foil, the weight per unit, without filter or holder, being at least 2.3 grams and the circumference being equal to at least a third of its length or not less than 34 mm;

(2) Cigarettes shall mean the following:

a) Rolls of tobacco which can be smoked in given state and do not fall into the category of cigars and cigarillos referred to in item 3), sub-item (1);

b) Rolls of tobacco that are put into paper tubes in a simple, non-industrial way.

c) Rolls of tobacco that are rolled into paper in a simple, non-industrial way.

A roll referred to in item 3), sub-item (2) means two cigarettes the length of which, excluding filter or holder, is not less than 9 cm and not more than 18 cm, three cigarettes the length of which, excluding filter or holder, is not less than 18 cm and not more than 27 cm, etc.

(3) Smoking tobacco shall mean the following:

a) Tobacco which has been shredded or fragmented in some other way, torn or pressed into blocks and which can be smoked without further industrial processing;

b) Tobacco intended for sale in retail outlets and which does not fall into the category of products referred to in sub-items (1) and (2) and can be smoked.

(4) Other tobacco products shall mean the following:

a) Tobacco intended for sale in retail outlets, which can be used without further processing and which is specially prepared for chewing and snuffing, but not for smoking;

b) Products consisting wholly or partly of substances which are not tobacco, but which with regard to other criteria, correspond to the products referred to in sub-item (2) and which, for the purposes of the taxation and other laws, are treated as cigarettes or smoking tobacco;

c) Products partly consisting of substances which are not tobacco, but which with regard to other criteria, correspond to the products referred to in sub-item (1) and which, for the purposes of taxation and other laws are treated as cigars and cigarillos, if they meet one of the following requirements:

- Natural tobacco shell;

- Tobacco foil shell and sheathing;

- Tobacco foil shell;

d) Products partly consisting of substances which are not tobacco, but which with regard to other criteria, correspond to the products referred to in sub-item (4) under a);

4) Domestic tobacco products shall mean the tobacco products which have been produced in the Republic * by a person entered in the Register of Tobacco Product Producers and the Register of Tobacco Product Brands, in conformity with the present Law;

5) Tobacco production shall mean the production of tobacco seedlings, tobacco growing in field, harvesting, drying, sorting and packing of tobacco by producers;

6) Tobacco processing shall mean the putting in order, fermentation and other operations in the tobacco processing and packing procedure;

6а) Tobacco refinement shall mean the industrial process of refined tobacco production and packing;

7) Production of tobacco products shall mean the industrial procedure in the preparation, production and packing of the products referred to in item 3) of this Article;

8) Tobacco producer shall mean an economic agent or an individual producing tobacco and entered in the Register of Tobacco Producers or the Evidence List of Tobacco Producers;

9) Tobacco processor shall mean an economic agent which is processing tobacco and entered in the Register of Tobacco Processors;

9а) Tobacco refiner shall mean an economic agent producing refined tobacco and entered in the Register of Tobacco Refiners;

10) Producer, wholesaler and retailer of tobacco products shall mean an economic agent which is producing, wholesaling and retailing the products referred to in item 3) of this Article and is entered in the Register of Tobacco Product Producers and the Register of Tobacco Product Wholesalers, as well as the Evidence List of Tobacco Product Retailers;

11) Importer of tobacco, processed tobacco, refined tobacco, and/or tobacco products (hereinafter: Importer) shall mean an economic agent which is importing the products referred to in items 1) - 3) of this Article in its own name and for its own account and is entered in the Register of Importers of Tobacco, Processed Tobacco, Refined Tobacco  and/or Tobacco Products;

11а) Importer of tobacco products, in the sense of this Law, shall mean an economic agent that does not market products from item 3) of this Article on the market of the Republic, but, through the holder of the specialized warehouse, opened in line with customs regulations (hereinafter: specialized customs warehouse), performs sales of tobacco products on airplanes and ships, i.e. supply of airplanes and ships that travel the international lines or dispatches tobacco products to duty-free shops opened at airports open to international traffic with organized passport and customs control for the purpose of sales to passengers in line with customs regulations (hereinafter: duty-free shops), as well as the sales to diplomatic missions and consulates and diplomatic and consular staff, entered in the Register of Economic Agents Trading Tobacco Products as per Special Procedure;

11b) Holder of the specialized customs warehouse shall mean a person whose warehouse is used for the storage of tobacco products for the sales of such tobacco product on airplanes and ships, i.e. for the supply of airplanes and ships that travel the international lines or dispatch of tobacco products to duty-free shops, as well as the sales of diplomatic missions and consulates and diplomatic and consular staff;

12) Exporter of tobacco, processed tobacco, refined tobacco, and/or tobacco products (hereinafter: Exporter) shall mean an economic agent which is exporting the products referred to in items 1) - 3) of this Article and is entered in the Register of Exporters of Tobacco, Processed Tobacco, Refined Tobacco and/or Tobacco Products;

13)  Trade in tobacco, processed tobacco, and/or refined tobacco shall mean the trade, as well as import and export of tobacco, processed tobacco and refined tobacco;

14) Tobacco product trading shall mean the distribution, as well as the import and export of tobacco products;

15) Associated person shall mean a person having the status of an associated person pursuant to the law dealing with corporate profit tax.