Do you import precursors into Bosnia and Herzegovina?

You're likely already familiar with the new regulations on importing precursors into Bosnia and Herzegovina, which have been in effect since April this year. Here's a quick reminder.

According to the new interpretation of regulations provided by the relevant authorities (the Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina and the Indirect Taxation Authority of Bosnia and Herzegovina), the number of chemicals subject to the precursor import procedure has been reduced.

Let's recall what precursors are and how they are regulated in Bosnia and Herzegovina.

According to the Law on the Prevention and Suppression of Abuse of Narcotic Drugs ("Official Gazette of BiH", No. 8/06):

"A precursor is any natural or artificial SUBSTANCE that can be used in the production of narcotic drugs and is included in the list of precursors in accordance with international conventions on the control of narcotic drugs or based on a decision by the competent authority in Bosnia and Herzegovina."

The list of controlled precursors is determined in Table IV of the List of Narcotic Drugs, Psychotropic Substances, Plants from which Narcotic Drugs can be obtained, and Precursors ("Official Gazette of BiH", Nos. 8/06 and 103/08).

Some commonly used precursors in the industry include acetone, toluene, hydrochloric acid, and sulfuric acid, which are also frequent components of chemical mixtures used as paints, varnishes, adhesives, cleaning agents, toners, etc.

Previously, for importing precursors used for industrial purposes (non-medical use), in the form of SUBSTANCES or MIXTURES, special permits from the Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina were required.

According to the new interpretation, only a SUBSTANCE is considered a precursor, not a preparation, or a mixture containing a precursor. This interpretation is based on the aforementioned definition of a precursor.

Since the List of Precursors does not specify that it includes preparations or mixtures containing precursors, permits for importing precursors are issued only for precursors imported as SUBSTANCES.

Permits for mixtures or finished products containing precursors (paints, varnishes, toners, etc.) are no longer issued as there is no legal basis for them. Such products are not considered precursors, cannot be classified under the tariff codes listed in the precursor list, and are exempt from the requirement to obtain permits.

In practice, this means that a special permit is still required for importing, for example, methyl ethyl ketone as a pure substance, but not for printing ink containing this substance in a certain percentage.

However, to be completely sure, check the tariff code under which the chemical you are importing is classified. If that code is listed in the precursor list, a precursor import permit is required for the chemical, even if it is a mixture.

Regardless of whether the chemical is considered a precursor or not, whether a special import regime is prescribed for it or not, keep in mind that there are other requirements for importing and placing chemicals on the market.

To check if another permit is required for importing your chemical, ask your customs broker if an additional permit ("D" permit) is needed according to the tariff code for importing the chemical.

Also, check if the chemical is considered a poison, or contains poisons for which special permits are still required in the Federation of Bosnia and Herzegovina. Additionally, to place chemicals on the market in the Republic of Srpska, you must first register them in the Chemical Inventory. Additional rules apply to biocides.

Of course, you must also meet the general conditions for conducting activities with chemicals in accordance with the regulations on chemicals in both the Federation of Bosnia and Herzegovina and the Republic of Srpska.

If you're unsure whether the chemicals you are importing are under a special import regime, or if you need assistance in obtaining precursor permits, contact me at nina.pajovic@bens-consulting.eu.