WORLD TRADE  
ORGANIZATION  G/SCM/N/1/MKD/1 
G/SG/N/1/MKD/1 
6 December 2004 
 (04-5310) 
Committee on Subsidies and Countervailing Measures 
Committee on Safeguards Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLES 32.6  AND 12.6 OF THE AGREEMENTS 
 
FORMER YUGOSLAV REPUBLIC OF MACEDONIA 
 
 
 The following communication, dated 25 November 2004, is being circulated at the request of 
the Delegation of the Former Yugoslav Republic of Macedonia.  
_______________ 
 
  With reference to Article 32.6 of the Agre ement on Subsidies and Countervailing Measures, 
and Article 12.6 of the Agreement on Safeguards,  the Government of the Republic of Macedonia 
notifies the Committee on Subsidies and Counterv ailing Measures and the Committee on Safeguards 
that it has no specific laws and regulations rele vant to the Agreements.  The Agreements were 
incorporated in the national Law on Trade in for ce as of 30 March 2004, published in the Official 
Gazette No. 16/2004 on 22 March 2004.  A copy of the Law on Trade is enclosed. G/SCM/N/1/MKD/1 
G/SG/N/1/MKD/1 Page 2 
 
 
LAW ON TRADE 
 
(Official Gazette of the Republic of Macedonia No. 16/2004) 
 
I. GENERAL PROVISIONS 
Article 1 
 
 This law regulates the conditions and manners of performing trade activities on the internal 
and external market, measures for restriction of performing trade activities and protection measures. 
 
Article 2 
 
 Trade, in terms of this law, is purchas ing and selling goods, as well as performing trade 
services. 
 
 Trade activities can be performed by legal and natural persons registered to perform such 
activity in the appropriate register according to law (hereafter referred to as:  trader). 
 
Article 3 
  As exception from the provisions of Article 2, pa ragraph 2 of this Law, the provisions of this 
law shall respectively apply to:  
− legal and natural persons registered to carry  out production, who sell their products on the 
market; 
− state authorities, municipalities and the City of Skopje, and legal and natural persons 
performing public authorisations, which, for the purpose of carrying out their tasks, purchase 
and dispose of particular goods in accordance with law;  and 
− natural and legal persons registered or recorded  for performing agricultural activities, if they 
sell their products on the market. 
 
Article 4 
  The trader shall perform the trade activity fr eely and under equal conditions on the market, in 
a way that is not restricting the competition, does not cause damage to the consumers and to 
environment and health of people, and is in acco rdance with the law, international treaties and 
agreements ratified by the Republic of  Macedonia, and good business practices. 
 
Article 5 
 
 The measures and actions taken by state author ities, bodies of the municipalities and the City 
of Skopje or legal and natural pe rsons performing public authorisati ons cannot restrict the trader’s 
right of free access to the mark et, prevent the competition or place certain traders into unequal 
position, except in cases provided by law. 
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II. PERFORMING TRADE 
Common provisions 
 
Article 6 
 
 Trade can be performed as wholesale, retail, e-commerce, door to door trade, or as provision 
of services in trade.   Wholesale and retail trade shall be performed in organised business premises (hereafter 
referred to as:  stores), storerooms, warehouses and business locations. 
 
Article 7 
 
 Only wholesale trade may be performed on wholesale markets, and only retail trade may be 
performed on the retail markets. 
 
Article 8 
 
 Wholesale trade may not be performed in front  of the storerooms, warehouses and business 
locations. 
 
 Retail trade and provision of trade services may be performed in front of the stores or 
business locations, if there is an approval granted on the basis of a decision of the council of the 
municipality or the City of Skopje.  
Wholesale Trade 
 
Article 9 
 
 Wholesale trade, in terms of this law, is pur chasing goods for their further sale to traders, 
refiners, and large consumers in th e country and abroad, regardless if the good is sold in an unchanged 
or in a changed condition after the pr ocessing, refining or finishing process. 
  Large consumers shall be considered to be the trade companies, other legal and natural 
persons who use the purchased goods for performing their activity.  
Article 10 
 
 Wholesale trade is performed in storerooms, in warehouses for wholesale, on the wholesale 
markets, as well as in other business locations that fu lfil the conditions stipulated by the law and other 
regulation. 
 
Retail Trade 
 
Article 11 
 
 Retail trade, in terms of this law, is selling goods to the final consumers. 
 
 Trade of goods to the final consumers shall be  considered to be the trade of the goods for 
personal consumption and the trade of go ods for the needs of the households. 
 
Article 12 G/SCM/N/1/MKD/1 
G/SG/N/1/MKD/1 Page 4 
 
   Retail trade is performed in stores (department stores, self-service stores, etc.) or in business 
locations in front of them, if the conditions prescr ibed with law and other regulation for such sale 
method are fulfilled. 
 
 Retail trade of oil derivatives is performed at gas stations, under the conditions prescribed 
with law and other regulation. 
 
Trade on the green markets 
 
Article 13 
 
 Wholesale and retail trade of agricultural produc ts shall be performed on the green markets, 
under the conditions stipulated with law and other regulation. 
 
 Wholesale and retail trade of other goods may be performed on specially organised parts of 
the green markets, under the conditions sti pulated with law and other regulation. 
  The goods under paragraph 2 of this Article sh all be determined by the Government of the 
Republic of Macedonia (hereafter referred to as: Government) on proposal of the Minister of 
Economy. 
  The Council of the municipality or of the City  of Skopje shall further define the goods under 
paragraph 3 of this Article that may be sold on th e specially organized parts of the green markets. 
 
Article 14 
 
 The trader who is organising green markets where wholesale and retail trade is performed under the conditions stipulated with law and other re gulation, shall rent the sale spots only to traders 
or craftsmen who are registered in the appropriate register, agricultural producers registered or recorded in accordance with Law, persons who are engaged in agriculture, as well as persons who are 
employed or retired, but are not performers of agricultural activity.  
  The working time of the green markets where w holesale and retail trade is performed shall be 
determined by the council of the municipality or of the City of Skopje.  
 The trader under paragraph 1 of this Article is  obliged to establish and post the market rules 
and to abide by the market rules and the working time determined in paragraph 2 of this Article. 
 
Article 15 
 
 Retail trade of second hand motor vehicles, se cond hand spare parts for vehicles, agriculture 
tools, livestock, poultry, (equipment and feed), wo ods for heating, woods for construction materials 
and second hand objects may be performed on the speci ally organised markets, under the conditions 
stipulated with law and other regulation.   G/SCM/N/1/MKD/1 
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Special methods of performing trade 
 
Article 16 
  Special methods of performing trade shall be  considered performing trade on the specially 
organised markets, sale by post, sale at kiosks, sale by automates, sale by television, internet sale, mobile street sellers, sale on organised fairs,  sale from door to door, commercial exhibitions, 
exhibition halls, trading fairs and sales organised for charity or sport purposes. 
 
 The sale of goods at the kiosks, automates and sale by mobile street sellers may be performed 
only on the places designated with a decision of the council of the municipality or of the City of Skopje.   The trade under paragraphs 1 and 2 of this Article shall be performed according to the 
conditions stipulated with law and other regulation. 
 
Public sale and auction sale 
 
Article 17 
  Wholesale and retail trade may also be performed through public and auction sale. 
  The public sale and the auction sale under paragra ph 1 of this Article shall be performed by 
public announcement of the place and time of performing public and auction sale.  
 The public and auction sale may be permanent or temporary. 
  The conditions for organising a public and auc tion sale, the inventory of the products which 
are compulsory to be sold on a public or auction sale, the manner of operation and the sale procedure for public and auction sale shall be determined by the Government, upon proposal of the Minister of 
Economy. 
 
E-commerce 
 
Article 18 
  E-commerce is a special manner of performing wholesale and retail trade by a contract.   
E-commerce shall be organised by the trader for the purpose of sale by certain means of 
communication, under the conditions stipul ated with law and other regulation. 
 
Services in trade 
 
Article 19 
 
 Trade services, in terms of this law, shall be considered: agency and representation services, 
services on the stock-exchange, commission services, ser vices for storage of goods, transport services, 
services for control of quantity and quality of goods, economic propaganda services, organising fairs 
and commercial exhibitions, services on the wholesal e and retail market, market research, renting 
booths, stalls etc. in organised business premises for performing retail trade. 
 G/SCM/N/1/MKD/1 
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Door to door sale 
 
Article 20 
  Retail trade may be performed from door to door, based on the conclusion of contracts 
between the trader who is registered to perfo rm sale from door to door, and the consumer. 
  The Government shall determine the produc ts that may be sold from door to door. 
 
 The Minister of Economy shall stipulate the manner of performing the sale of the products 
under paragraph 2 of this Article.   The direct door-to-door sellers may be i ndependent commercial agents, distributors, 
employed or self-employed representatives, for wh ich they are required to possess an identity card 
(hereafter referred to as: performers of trade from door  to door) issued by the trader under paragraph 1 
of this Article, in order to ma ke presentation to the consumer. 
  The trader is obliged to submit the register of  the door-to-door sellers to the competent body 
of the Public Revenue Office in the municipality, i.e. the City of Skopje.  III. CONDITIONS FOR PERFORMING TRADE 
Article 21 
 
 The goods that are placed into circulation n eed to correspond to the physical-chemical and 
organoleptic characteristics, to be packaged, declar ed, designated or marked, in accordance with law. 
 
 The goods need to conform to the prescribed  technical requirements, complemented with 
documents specified in the technical regulations w ith ensured servicing, spare parts without which the 
products cannot be used for their purpose.  
Article 22 
 
 The stores, storerooms, warehouses and business locations, green markets, special wholesale 
and retail markets, and gas stations  determined in Articles 10, 12, 13 paragraphs 1 and 2, Articles 15, 
16 and 18 of this law, where wholesale and re tail trade is performed, shall fulfil the minimum 
technical requirements, as well as other requirement s stipulated with law, depending on the type and 
manner of performing trade. 
  The Minister of Economy shall stipulat e the minimum technical requirements under 
paragraph 1 of this Article.  
Article 23 
 
 The trader is obliged to report to the State market inspectorate and to the competent body of 
the municipality or of the City of Skopje the fulf ilment of the conditions from Article 22 of this law 
and the commencement of operations, at least 15 days  before commencing the operation in the sale or 
other business facility. 
 
 The Minister of Economy shall prescribe the c ontent and the form of the template for the 
application under paragr aph 1 of this Article. 
 
Article 24  G/SCM/N/1/MKD/1 
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   The retail trader may not sell alcoholic drinks and cigarettes to persons under 18 years of age. 
  The trader is obliged to post, on a visible place in the sale facility, a sign with dimensions 
20x50 cm, with the following content:  “sale of al coholic drinks and cigarettes to persons under 
18 years of age is prohibited”.  
Working Hours 
 
Article 25 
 
 The working hours of the stores, storerooms, warehouses, business locations and gas stations 
shall be determined by the trader, depending on the number of employees.  
 The duration and the schedule of the working hour s that have been determined independently 
by the trader need to be in compliance with the rights, obligations and responsibilities of the 
employees, arising from the labour relation determ ined with the law regulating labour relations, 
especially regarding the allocation of the worki ng hours and overtime work, night work, holidays, 
annual vacation, and other absences from work, and in accordance with the restri ctions determined in 
the regulations in the field of noise protection. 
 
 The stores located in collective residential bu ildings and business-residential buildings cannot 
start working before 6 a.m. or close after 12 a.m.   The stores may work until 5 p.m. on Sundays and state holidays. 
 
Article 26 
 
 The municipalities and the City of Skopje sha ll keep records for the working hours of the 
stores, storerooms, warehouses, gas stations a nd business locations operating on the territory under 
their competence. 
 
 The trader is obliged to report the hours and the schedule of working hours to the municipality or the City of Skopje and to the Stat e labour inspectorate at least 15 days before the 
commencement of the operation, or before the ch ange is made in the hours and the schedule of 
working hours of the stores, storerooms, wa rehouses, gas stations and business locations. 
 
 In case of objective reasons which require clos ing of the stores, storerooms, warehouses, gas 
stations and business locations or changing of the working hours, and on which the trader can not 
have influence, he may stop operating, or cha nge the working hours without fulfilment of the 
obligation from paragraph 2 of this Article.  
 The trader is obliged to info rm the competent body of the municipality or the City of Skopje 
and the State labour inspectorate about the reasons unde r paragraph 3 of this Article, within five days 
from the day when he stopped operating.   The trader shall submit the application under pa ragraph 2 of this Article on a template for 
determining the working hours and schedule of the working time. 
  The Minister of Economy shall prescribe the fo rm and the content of the template for the 
application under paragraphs  2 and 5 of this Article. 
Article 27 
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  The trader is obliged to post the working hours, as well as the telephone number of the State 
Market Inspectorate from that area, on a visible place at the entrance of the stores, storerooms, 
warehouses, gas stations and business locations , and to abide by the posted working hours. 
 
Keeping records 
 
Article 28 
 
 The trader is obliged to k eep records for purchase and wholesale and retail sale of goods, as 
well as for providing trade services, in accordance with law and other regulations. 
  The records kept by the trader shall be mainta ined in the appropriate business premises where 
trade is performed, and shall be made available at all times to the competent inspection bodies. 
 
 The Minister of Economy, in agreement with the Minister of Finance, shall prescribe the form 
and the manner of keeping the records for wholesale and retail purchase and sale of goods, as well as for the wholesale and retail trade services.  
Trade restrictions and prohibitions 
 
Article 29 
 
 The Government may temporarily restrict th e performance of trade in the following cases: 
 
− natural and other disasters in the Republic of Macedonia, when serious distortions in the 
trade, distortions in the supply to the populatio n or distortions in other areas which endanger 
the life and health of the citizens occurred or might occur; 
− serious distortion on the domestic market due to the shortage of goods which are 
indispensable for production, refining and for the life and health of the citizens; 
− war or direct threat to the independence and integrity of the Republic of Macedonia; 
− for the purposes of insurance of the products, raw materials and reproductive materials which 
are of special strategic importance for the defence of the Republic of Macedonia. 
  The Government may prescribe the restric tions on performing trade in the cases under 
paragraph 1 of this Article, only if the distortion ca nnot be eliminated by other measures, or if the 
needs can not be satisfied from the commodity reserv es, from import or by other measures of the trade 
policy.  
Article 30 
  In the cases stated in Article 29 paragraph 1 of  this law, the Government may prescribe the 
following measures:  
− restriction of the trade of certain goods, or sp ecial conditions for the trade of certain goods; 
− determining the ceiling price for certain pr oducts and services in production and trade; 
− restriction of the export or import of certain goods or prescribing special conditions for import 
or export of certain goods; 
− prohibition for the traders to perform trade of certain goods; 
− obligation for the traders to obtain and sell certa in types and quantities of particular goods to 
the consumers, according to a certain prescribed order; 
− obligation for particular traders to st ore certain quantity and type of goods; 
− prohibition for using certain goods in the production of other goods.  G/SCM/N/1/MKD/1 
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   The trader is obliged to abide by the measures under paragraph 1 of this Article. 
 
IV. CONDITIONS FOR PERFORMING FOREIGN TRADE  
Article 31 
 
 The foreign trade shall be performed freely, in accordance with the law, regulations adopted 
on the basis of a law, and international agreements  and treaties ratified by the Republic of Macedonia. 
 
Conditions that the imported goods have to fulfil 
 
Article 32 
 
 The trader is obliged, upon import of goods, to submit to the competent inspection bodies, 
before the clearance procedure, evidence stating that: 
 
− the goods are conformed with the stipulated technical requirements, designated in the 
stipulated manner and complemented with th e documents determined in the technical 
regulations, in accordance with the Law on technical requirements for products and 
conformity assessment, 
− the prescribed conditions for the quality of goods are fulfilled,  
− the goods have appropriate declaration and instruction manual, written in Macedonian 
language with Cyrillic letters on the origin al packaging, which does not prevent the 
possibility to simultaneously use other langua ges and signs easily understandable for the 
consumers; 
− the goods fulfil the prescribed requirements for product quality regarding the physical-
chemical and organoleptic characteristics, quan tity, packaging, as well as the conditions for 
transport of the goods regarding the means of transport and the manner of transportation in 
accordance with the law. 
 
Article 33 
 
 The goods for which special conditions for perfo rming domestic trade are stipulated with a 
law, may be imported only if the importer submits to the responsible customs authority evidence for 
fulfilment of the special conditions issued fro m the competent body determined with a law. 
 
License for export and import of goods 
 
Article 34 
 
 The export and import of particular goods may be performed on the basis of a license for: 
 
− protection of the health and life of people; 
− protection of the public morale; 
− protection of plants, animals, seeding materi al, as well as other agricultural products; 
− protection of the environment and urban  planning; 
− goods that are exported and imported for the needs of the veterinary service; 
− goods which need to fulfil the prescrib ed metrological and other conditions; 
− import of final products and pro ducts that have not been used, for which a confirmation for 
the performed examination and records of the technical documents complementing the 
product is required from the Institute of standardisation; G/SCM/N/1/MKD/1 
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− goods that, for their export or import, require  a license from the National Bank of Macedonia; 
− export and import of historical and art goods; 
− export and import of particular precious metals, banknotes etc; 
− means for armament and war equipment intende d for the needs of securing the public safety 
and defence, and other goods. 
  The goods that are exported and imported on the basis of a license issued by a competent 
body, shall be specified by the Government on the proposal of the Ministry of Economy. 
  The license for export and import of the mean s for armament and war equipment shall be 
issued by the Ministry of defence, or Ministry of interior.  V. SAFEGUARD MEASURES 
Commission on Protective Measures Against Increased and Subsidized Imports  
 
Article 35 
 
 For applying measures for protection of the domestic industry against increased and 
subsidized imports, the Government shall estab lish a Commission on Protective Measures Against 
Increased and Subsidized Imports (hereinafter: Commission).   The Commission from paragraph 1 of this Artic le shall be appointed by the Government, 
upon proposal from the Minister of Economy.  
 
 The Minister of Economy shall chair the Commission.   The Government shall prescribe the proce dures for the operation of the Commission. 
  All expert and administrative affairs of th e Commission shall be conducted by the expert 
service of the Ministry of Economy. 
 
Safeguard Measures against Increased Imports 
 
Article 36 
 
 The Government shall, upon proposal from the Commission, apply safeguard measures (hereinafter: measures) to a product should it determ ine that such product is being imported into its 
territory in such increased quantities, absolute or relative to the domestic production, and under such 
conditions as to cause or threaten to cause serious in jury to the domestic industry that produces like or 
directly competitive products, until caused injury and market distortion are eliminated. 
 
 For the purpose of paragraph 1 of this Article:  
− “serious injury” shall be understood to mean a significant overall impairment in the position 
of the domestic industry; 
− “threat of serious injury” shall be understood to mean serious injury that is clearly imminent; 
− “domestic industry” shall be understood to me an the producers as a whole of the like or 
directly competitive product operating  within th e territory of the Republic of Macedonia, or 
those whose collective output of the like or di rectly competitive products constitutes a major 
proportion of the total domestic  production of those products. 
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Investigation by the Commission 
 
Article 37 
  Safeguard measures under Article 36 paragraph 1 of  this Law shall be applied to all products 
being imported irrespective of the country of origin or country of exportation. 
  Safeguard measures under Article 36 paragraph 1 of this Law may be applied only following 
an investigation by the Commission that proves the reasons for the increased imports of a product and 
the caused serious injury or threat  thereof to the domestic industry. 
  Should the investigation under paragraph 2 of th is Article demonstrate that factors other than 
increased imports are causing injury to the domestic industry at the same time, safeguard measures 
under Article 36 paragraph 1 of th is law may not be applied. 
 
 In the investigation under paragraph 2 of this Article, the Commission shall evaluate all 
relevant factors and evidence having a bearing on the s ituation of that industry, in particular, the rate 
and amount of the increased imports of the product  concerned in absolute and relative terms, the 
situation on the domestic market due to the incr eased imports, production and capacity utilization, 
changes in the level of profits and loss, the imp act on employment, and other circumstances relevant 
to the assessment of the domestic production of such products. 
  The investigation shall include a notice to all in terested parties (importe rs, exporters and other 
interested parties) to public hearings to presen t evidence and their views as to weather or not 
safeguard measures need to be applied.   
 
 Any information which is by nature confidentia l shall be treated as such by the Commission 
and such information shall not be disclosed without  the permission of the party submitting it.  Should 
the investigation procedure so require, parties su bmitting confidential information may be requested 
to furnish non-confidential summaries thereof or expl anations or, if such parties indicate that such 
information cannot be summarized, the reasons why a summary or explanation cannot be provided.  
 
 However, if the Commission finds that a requ est for confidentiality is not warranted and the 
party concerned is unwilling to make the informa tion public or to authorize its disclosure in 
generalized or summary form, the Commission may disregard such information or investigate from 
appropriate sources if the information is correct.  
 
 The procedures for investigating the applicati on of safeguard measures in cases of increased 
imports shall be prescribed by the Government upon Commission’s proposal.  G/SCM/N/1/MKD/1 
G/SG/N/1/MKD/1 Page 12 
 
 
Provisional Safeguard Measures 
 
Article 38 
  In critical circumstances, where delay would cause damage in terms of Article 36 of this Law, 
which it would be difficult to repair, the Government may, upon Commission’s proposal, take a provisional safeguard measure pursuant to a preliminar y determination that there is clear evidence that 
increased imports have caused or are threatening to cause serious injury to the domestic industry.  
 
 The Government, upon Commission’s proposal, may take provisional safeguard measures in 
the form of tariff increases.    The Customs Administration of the Republic of Macedonia shall be the authority in charge to 
collect the tariff increases from paragraph 2 of this Article. 
 
 The duration of the provisional safeguard measure s from paragraph 1 of this Article shall not 
exceed 200 days.  The Commission is obliged to conduc t the investigation under Article 37 of this law 
within this period.   If the investigation does not determine that in creased imports have caused or threatened to 
cause serious injury to the domestic industry, the ta riff increases shall be promptly refunded to the 
importers.   The duration of any such provisional measure sh all be counted within the total period of time 
specified in Article 39 of this Law. 
 
Application of Safeguard Measures 
 
Article 39 
 
 Safeguard measures shall be applied only for such period of time as may be necessary to 
prevent or remedy serious injury and to facilita te adjustment; however, the period shall not exceed 
four years.    The period mentioned in paragraph 1 of this  Article may be extended provided that the 
Commission has determined that the safeguard me asure continues to be necessary to prevent or 
remedy serious injury and that th ere is evidence that the industry is adjusting. A measure extended 
may not be more restrictive than the measure taken in the initial period.   The Commission shall monitor the effects of th e safeguards under paragraph 1 of this Article 
and shall, as necessary, propose their liberalization to the Government.  
 The total period of application of a safegua rd measure under paragraph 1 of this Article, 
including the period of application of any provisi onal measure, shall not exceed eight years from the 
initial application or any extension thereof.    Where the expected duration of the safeguard  measure under Article 36 of this Law is over 
one year, the Commission shall propose to the Governme nt to liberalize it at regular intervals during 
the period of application. If the duration of the measure exceeds three years, the Commission shall 
review the situation not later than mid-term of th e measure and, if appropriate, propose withdrawal or 
increase the pace of liberalization.   
Article 40  G/SCM/N/1/MKD/1 
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   A safeguard measure may be applied again to th e import of a product, which has been subject 
to such a measure, after a period of time equal to that during which such measure had been previously 
applied, provided that the period of n on-application is at least two years. 
 
 Notwithstanding paragraph 1 of this Article, a safeguard measure with a duration of 180 days 
or less may be applied again to the import of a product if at least one year has elapsed since the date of introduction of the previous m easure, and if such a safeguard me asure has not been applied on the 
same product more than twice in a five-year period. 
 
Article 41 
 
 Where measures under Article 36 of this Law are applied, the Government, upon request from 
the exporting country, and proposal from the Commission, may propose to that country’s government 
to agree on adequate means of trade compensation for the adverse effects on their trade resulting from 
the safeguard measures applied or extended in the Republic of Macedonia.     The Government shall not apply safeguard  measures against a product originating in 
developing member countries of the WTO as long as their share of imports of the product concerned 
does not exceed 3 per cent of the total imports of th e product concerned, provided that the developing 
member countries of the WTO with less than 3 per cent import share collectively account for not more 
that 9 per cent of total imports into the Re public of Macedonia of the product concerned.  
 
Quantitative or Value Restrictions 
 
Article 42 
 
 Should the Government, upon proposal from the Commission, prescribe quantitative or value 
restriction to the imports of a particular product w ith the safeguard measures referred to in Article 36 
of this Law, the quantity of such imports may not be below the level of the average annual imports in 
the last three years, except where th ere is a clear justification that a different level of protection is 
necessary to prevent or remedy serious injury. 
  If the allocation of quantitative restrictions fro m paragraph 1 of this Article is made among 
several countries, the Government may, upon pro posal from the Commission, seek agreement with 
respect to the allocation of shares in the quan titative restrictions with all other WTO Member 
countries having a substantial interest in supply ing the product concerned in the Republic of 
Macedonia.  In cases in which this method is not prac ticable, the specified quantity of goods shall be 
allotted among the exporting countries in shares proporti onate to their shares in the total imports of 
the concerned product in the Republic of Macedoni a during a previous representative period, the 
account being taken of any special factors, which ma y have affected or may affect the trade in the 
product concerned. 
 
 Notwithstanding paragraph 2 of this Article, the Government may depart from the provisions 
regarding the manner of allocation of quotas refe rred to in paragraph 1 of this Article if: 
 
− the imports from a certain WTO member c ountry have increased in disproportionate 
percentage in relation to the total increase of imports of the product concerned in the 
representative period; 
− the reasons for the departure from the provisions are justified, and  
− the conditions of such departure are equitable to all WTO member countries - suppliers of the 
product concerned. G/SCM/N/1/MKD/1 
G/SG/N/1/MKD/1 Page 14 
 
   The duration of measures under Article 36 sha ll not be extended beyond the initial period set 
forth in Article 39 of this Law, even in the case of threat of serious injury for the domestic industry.  
Measures for Preventing Distortion of the Balance of Payments 
 
Article 43 
 
 Should it be determined that the increased im ports of certain products may cause a distortion 
to the balance of payments in the Republic of Macedonia, the Government may, upon proposal from 
the Commission, impose safeguard meas ures in the a form of quantitative or value restrictions on the 
imports of the products concerned.  
Safeguard Measures for Protection of Natural Resources that May not be Replenished 
 
Article 44 
 
 Should it be determined that the increased expor ts of certain products causes serious injury or 
threatens to cause serious injury to the natural res ources of the Republic of Macedonia that may not be 
replenished, the Government may, upon proposal from the Commission impose safeguard measures in 
the form of quantitative or value restrictions, provid ed that such measures restrict the trade of the 
products concerned in the Republic of Macedonia.  
Article 45 
  The Government, upon proposal from the Co mmission, shall prescribe in detail the 
application procedure for the measures unde r Articles 36 through 44 of this Law.  
 
Measures Against Subsidized Imports 
 
Article 46 
 
 The Government may, upon proposal from the Commission, prescribe countervailing duties on the imports of a certain product if:  
− the production or the exports of such product is subsidized in the country of origin or the 
country of exportation, except in cases where th e subsidies concerned are such that no 
measures referred to in this Article, may be  imposed against them in accordance with 
international agreements ratified by the Republic of Macedonia, and 
− the imports of subsidized product causes material injury or threatens to cause injury to the 
domestic production or may hamper  the economic development. 
  The countervailing duty, pursuant to this Article, is a special duty, levied  for the purpose of 
offsetting certain subsidy that has directly or indirectly been granted for the manufacturing, 
production or exports of the product concerned.   Subsidized imports, pursuant to this Article, shall be deemed the im ports where the product 
which is imported in the Republic of Macedonia is s ubject of direct or indirect assistance in the course 
of production or export from the country of  origin or the country of exportation. 
Article 47 
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  A request for imposing a countervailing duty sh all be filed on behalf of all domestic 
producers of a certain product, or on behalf of those whose production represents a significant portion 
of the entire production of that product.  
 The request shall be filed to the Commission in writing.  If the Commission determines that 
the request has been filed by the producers referred to  in paragraph 1 of this Article or by a person 
who was authorized by them for filing the request, it shall initiate a procedure.   The request referred to in paragraph 1 of this  Article, shall be accompanied by the following 
documents as evidence: 
 
− the existence of a subsidy on a certain product, and its amount, if possible; 
− the injury caused the domestic production by th e subsidy, defined pursuant to Article VI of 
the General Agreement on Tariffs and Trade (GATT) 1994;  and  
− the causal link between the subsidized imports and injury caused to the domestic production. 
  The Commission may initiate the procedure referre d to in paragraph 2 of this Article without 
filing a written request by the injured producers, if  there is sufficient ev idence on the subsidized 
imports, the injury that such imports causes to the domestic production and the causal link between 
the subsidized imports and the injury that  justify the initiation of the procedure. 
  Having completed the procedure, the Commissi on shall determine whether the requirements 
for imposing a countervailing duty have been met and shall determine the amount taking into account 
the amount of the subsidy.  The amount of the count ervailing duty may also be lower, provided that it 
is enough to remove the injury caused to the domestic production.   The countervailing duty shall be applied until th e moment of removing the injury caused to 
the domestic production.  The Commission shall, afte r a certain period of time, review the necessity 
for further application of the countervailing du ty, upon its own initiative or upon a request by an 
interested party, if it can justify the need for reviewing the countervailing duty.   The procedure and manner of determining the co untervailing duty shall be prescribed by the 
Government upon proposal by the Commission.  
 
VI. SUPERVISION 
Article 48 
 
 The supervision of the implementation of this law and the regulations adopted on the basis of 
this law shall be performed by the Ministry of Economy. 
 
 The inspection supervision of the implementa tion of the provisions of this law shall be 
performed by the State Market Inspectorate, St ate Labour Inspectorate and other inspection and 
customs bodies, according to the authorisations  specified with this and separate laws. 
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Article 49 
 
 If the state market inspector, in the course of  the supervision, determines that the trader: 
 
1. performs the trade activity without fulfilment of the stipulated minimum-technical conditions 
and other conditions stipulated with the law depending on the type  and manner of performing the 
trade activity (Article 22);  and  2. does not keep the records for wholesal e and retail purchase and sale of goods and for 
provision of trade services, specified with a law and other regulation (Article 28). 
 He shall adopt a decision for prohibition of performan ce of the activity and shall specify a time limit 
for removal of the irregularities determined in the findings of the inspector.  
 If the irregularities have not been removed in th e specified period, the inspector shall take a 
decision for prohibition of performance of the activity for duration of 90 days.   If it is determined for the second time during the year that the conditions under Article 22 of 
this Law are not fulfilled, the competent inspection body shall take a decision imposing to the trader 
prohibition for performance of the activity for a period of 180 days. 
 
 The appeal against the decision under paragraph 1,  2 and 3 of this Artic le may be submitted to 
the Minister of Economy.   The appeal submitted against the decision under pa ragraph 1, 2, and 3 of this Article does not 
suspend the enforcement of the decision. 
 
Article 50 
 
 If the state market inspector in the course of the supervision determines that the trader: 
 
1. performs trade and provides services in trade without being registered in the appropriate 
register (Article 2 paragraph 2);  2. performs wholesale trade at the retail mark ets or performs retail trade at the wholesale 
markets (Article 7); 
 
3. performs wholesale trade in front of th e storerooms, warehouses and business locations 
(Article 8 paragraph 1);  4. performs retail trade and provides trade services in front of the stores or business locations, for which he has no approval from the municipality or the City of Skopje (Article 8 paragraph 2); 
 
5. on the green markets and specially organised pa rts of the green markets, performs wholesale 
and retail trade of other goods that are not specified by the council of the municipality or the City of 
Skopje (Article 13 paragraph 4);  
6. when organising a market, rents the sale spots to  persons who are not registered or recorded in 
accordance with the law (Article 14 paragraph 1);  7. on the specially organised markets, performs tr ade of goods that are not stated in Article 15 of 
this law;  G/SCM/N/1/MKD/1 
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 8. performs trade of goods at kiosks, automates and sale by street sellers on places that are not 
specified by the council of the municipality or  the City of Skopje (Article 16 paragraph 3); 
 9. does not publish the place and time of cond ucting public and auction sale (Article 17 
paragraph 2); 
 10. does not abide by the conditions for public a nd auction sale according to Article 17 paragraph 
4 of this law;  
11. the door-to-door trader performs sale of produc ts not specified by the Government (Article 20 
paragraph 2) and does not submit the records of th e door-to-door sellers to the body responsible for 
public revenues on the territory of the municipality or the City of Skopje (Article 20 paragraph 4); 
 12. puts into circulation goods that do not corr espond to the physical-chemical and organoleptic 
characteristics, that are not pack aged, declared, designated or ma rked in accordance with the law 
(Article 21 paragraph 1);  13. the goods are not conformed to the stipulated  technical requirements, complemented with the 
documents specified in the technical regulations w ith ensured servicing, spare parts without which the 
products may not be used for thei r purpose (Article 21 paragraph 2); 
 
14. sells alcoholic drinks and cigarettes to pers ons under 18 years of age (Article 24 paragraph 1); 
 15. starts working in a collective residential building or business-residential building before 
6 a.m. and does not close before 12 a.m. (Article 25 paragraph 2); 
 
16. works after 5 p.m. on Sundays and state holidays (Article 25 paragraph 3);  17. does not keep records of the purchase and sal e of goods and provision of trade services in 
accordance with the law (Article 28 paragraph 1);  
18. does not abide by the measures (Article 30 paragraph 2);  and 
 19. performs import without license of goods stated in Article 34 of this law.  He shall take a decision for prohibition of perform ance of the activity and shall specify a time limit 
for removal of the irregularities determined in the findings of the inspector, according to the law. 
  If the irregularities have not been removed in th e specified time limit, the inspector shall take 
a decision for prohibition of performance of the activity with duration of 90 days.   In the cases under paragraph 1 items 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, 18, and 19, the state market 
inspector shall temporarily seize the objects-goods that are being traded. 
  For the seizing of the objects-goods under paragraph 3 of this Article, the state market inspector shall issue a certificate.  
 Regarding the objects-goods that are prone to sp oiling, the state market inspector shall take 
actions for their sale, and the funds obtained from the sale shall be paid on the account of the Budget 
of the Republic of Macedonia.   Appeal can be submitted against the decision unde r paragraph 1 of this Article to the Minister 
of Economy. G/SCM/N/1/MKD/1 
G/SG/N/1/MKD/1 Page 18 
 
   The appeal against the decision under paragr aph 1 of this Article does not suspend the 
enforcement of the decision.  
Article 51 
 
 If the trader does not report the fulfilment of  the conditions under Article 22 of this law and 
the commencement of operation of the sale and busin ess facility, according to Article 23 of this law, 
the state market inspector shall take a decision fo r prohibition of performing the activity and shall 
specify a time limit for reporting the fulfilment of  the conditions under Ar ticle 22 of this law. 
  If the trader does not remove the irregularities w ithin the specified time  limit, the inspector 
shall take a decision for prohibition of performing the activity with duration of 90 days.  
 Appeal against the decision under paragraphs 1 and 2 of this Article may be submitted to the 
Minister of Economy.   The appeal against the decision under paragraph 1 and 2 of this Article does not suspend its 
enforcement.  
Article 52 
 
 If the trader does not comply the determining of the working hours with the number of employees in the stores, storerooms, warehouses, ga s stations and business locations and with their 
rights, obligations and responsibilities arising fro m the labour relation determined with the law 
regulating labour relations, especia lly regarding the allocation of the working hours and overtime 
work, night work, holidays, annual vacation, a nd other absences from work, and in accordance with 
the restrictions determined in the regulations in th e field of noise protection, in terms of Article 25 of 
this law, the state labour inspector shall take a decisi on to specify a time limi t within which the trader 
is obliged to comply the working hours in te rms of Article 25 paragraph 2 of this law. 
 
 If the trader does not remove the irregularities w ithin the specified time limit, the state labour 
inspector shall take a decision for prohibition of performing the activity with duration of 90 days. 
  If it is determined for the second time during th e year that the trader does not abide by the 
decision under paragraph 1 of this Article, the state labour inspector shall take a decision for 
prohibition of performance of the activity for a period of 180 days. 
 Appeal against the decision under paragraph 1 and 2 of this Article may be submitted to the Minister 
of Labour and Social Policy.   The appeal against the decision under paragraph 1 and 2 of this Article does not suspend its 
enforcement 
  
Article 53 
 
 If the trader imports or exports goods without li cense, in terms of Article 34 of this law, the 
state market inspector shall temporarily seize th e objects-goods, until adoption of a decision by the 
competent court.  For the seizing of the goods under paragraph 1 of this Article, the state market inspector shall 
issue a certificate.   G/SCM/N/1/MKD/1 
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  Regarding the goods that are prone to spoiling, the state market inspect or shall take actions 
for their sale, and the funds obtained from the sale shall be paid on the account of the Budget of the 
Republic of Macedonia.   
Article 54 
 
 If the state market inspector determines in th e course of the supervision that the trader: 
 1. does not post the market rules and the worki ng hours and does not abide by the market rules 
and the working hours (Article 14, paragraph 3); 
 2. does not post, on a visible place in the sale f acility, a sign in terms of Article 24 paragraph 2 
of this law;  and  
3. does not keep the records in  the appropriate business premises, or in appropriate business 
premises where trade is performed, and does not make it available at all times to the competent inspection bodies (Article 28 paragraph 2);  He shall take a decision ordering removal of the irregularities in a specified time limit.  
 If the trader does not remove the irregularities w ithin the specified time limit, the state market 
inspector shall take a decision for prohibition of performance of the activity for a period of 90 days. 
  Appeal against the decision under paragraph 1 a nd 2 of this Article may be submitted to the 
Minister of Economy. 
 
 The appeal against the decision under paragraph 1 and 2 of this Article does not suspend its 
enforcement.  
VII. PENALTY PROVISIONS 
Article 55 
  The legal entity shall be fined for infraction with a fine amounting from 200,000.00 to 
300,000.00 denars in cases when it: 
 
1. performs trade without being registered in th e appropriate register in accordance with the law 
(Article 2, paragraph 2); 
 2. performs wholesale trade at the retail mark ets or performs retail trade at the wholesale 
markets (Article 7);  3. sells alcoholic drinks and cigarettes to pers ons under 18 years of age (Article 24 paragraph 1); 
 
4. does not keep records for the wholesale and retail purchase and sale of goods, or provision of trade services (Article 28 paragraph 1),   5. the records are not kept in appropriate busi ness premises where the trade is performed and are 
not made available at all times to the comp etent inspection bodies (Article 28 and 2); 
6. does not abide by the prescribed me asures (Article 30, paragraph 2); 
 7. performs export and import of goods without license, in accord ance with Article 34 of this 
law. G/SCM/N/1/MKD/1 
G/SG/N/1/MKD/1 Page 20 
 
   For the actions under paragraph 1 of this Article, the legal entity, in addition to the fine, shall 
be imposed a safety measure - prohibition of performance of trade activity for a period from two to four years. 
 
 The person responsible in the legal entity sha ll be fined for infraction for the actions under 
paragraph 1 of this Article, with a fine from 20,000.00 to 50,000.00 denars. 
  For the actions under paragraph 1 items 1, 2, 3, 6, and 7 of this Article, the legal entity shall 
be imposed a safety measure – seizure of the temporarily seized objects-goods. 
  For the actions under paragraph 1 of this Article , the person responsible in the legal entity, in 
addition to the fine, shall be imposed a safety me asure prohibition of performance of responsible duty 
for a period from three months to one year.  
Article 56 
 
 The legal entity shall be fined for infraction with a fine amounting from 150,000.00 to 250,000.00 denars in cases when:  
1. it performs wholesale trade in front of the storerooms, warehouses and business locations 
(Article 8 paragraph 1);  2. it performs retail trade and provides trade services in front of the stores and business locations, for which it has no approval from the council of the municipality or the City of Skopje 
(Article 8 paragraph 2); 
 3. on the green markets and specially organi zed parts of the green markets, it performs 
wholesale and retail trade of other goods that are not specified by the council of the municipality or the City of Skopje (Article 13 paragraph 4);  
4. on the organised green markets where wholesale and retail trade is performed, it rents the sale 
spots to persons that are not registered in the appr opriate register or record ed in accordance with the 
law (Article 14 paragraph 1);  5. on the specially organised markets, it performs tr ade of goods not stated in Article 15 of this 
law; 
 6. it does not abide by the conditions for c onducting public and auction sale (Article 17, 
paragraph 4);  7. it performs wholesale and retail door to door sal e without conclusion of a contract with the 
consumer (Article  20 paragraph 1); 
 8. it puts into circulation goods that do not correspond to the physical-chemical and organoleptic features, that are not packaged, declared, designated or marked in accordance wi th the law (Article 21 
paragraph 1); 
9. the goods are not conformed to the stipulated  technical requirements, complemented with the 
documents specified in the technical regulations w ith ensured servicing, spare parts without which the 
products cannot be used for their purpose (Article 21 paragraph 2); 
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 10. it does not fulfil the stipulated minimum-technical requirements and other conditions stipulated with law depending on the type and manne r of performing the trade activity (Article 22 
paragraph 1);  
11. it does not abide by the provisions in para graphs 1 and 2 of Article 25 of this law; 
 12. it does not report the hours and the schedule of  the working hours to the municipality or the 
City of Skopje and to the State labour inspectorat e, at least 15 days before the commencement of 
operations, or before the change of the hours and the schedule of the working hours of the stores, 
storerooms, warehouses, gas stations and bu siness locations (Article 26 paragraph 2); 
  For the actions under paragraph 1 of this Article, the legal entity, in addition to the fine, shall 
be imposed a safety measure - prohibition of performance of trade activity, for a period from one to three years. 
 
 The person responsible in the legal entity sha ll also be fined for infraction for the actions 
under paragraph 1 of this Article, with  a fine from 20,000.00 to 50,000.00 denars. 
  For the actions under paragraph 1 items 1, 2, 3, 4, 5, 8, and 9 of this Article, the legal entity 
shall also be imposed safet y measure-seizure of the temporarily seized objects-goods. 
 
 For the actions under paragraph 1 of this Article , the person responsible in the legal entity, in 
addition to the fine, shall be imposed a safety me asure – prohibition for performance of responsible 
duty for a period from three months up to one year.   
 
Article 57 
 
 The legal entity shall be fined for infrac tion with a fine from 50,000.00 up to 150,000.00 
denars if:  
1. it does not determine and post the market ru les and the working hours of the green markets 
and does not abide by the market rules and the working hours (Article 14 paragraph 3); 
 2. it performs trade of goods at kiosks, automate s and trade by mobile street sellers on places 
that are not designated by a decision of the council of the municipality or the City of Skopje 
(Article 16 paragraph 2); 
 3. it does not publish the place and time of c onducting a public and auction sale (Article 17 
paragraph 2);  4. it performs door to door trade of products that are not specified by the Government 
(Article 20 paragraph 2);  the measures for tr ade restriction and prohibition (Article 29); 
 5. the door to door trader does not have  an ID card (Article 20 paragraph 4); 
 6. it does not submit the records of the door to door sellers to the body responsible for public 
revenues in the municipality or the City  of Skopje (Article 20 paragraph 5); 
7. it does not report the fulfilment of the c onditions from Article 22 of this law and the 
commencement of operations to the State market  inspectorate and to the competent body in the 
municipality or the City of Skopje, at least 15 days before commencing the operation of the sale or other business facility (Article 23 paragraph 1); 
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 8. it does not post, on a visible place in the sale facility, a sign with dimensions 20x50 cm, with the following content:  “sale of alcoholic drinks and cigarettes to persons under 18 years of age is 
prohibited” (Article 24 paragraph 2);  
9. the stores located in collective residentia l building and business-residential building start 
working before 6 a.m. and do not close be fore 12 a.m. (Article 25 paragraph 3); 
 10. the stores work after 5 p.m. on Sundays and state holidays (Article 25 paragraph 4);  
11. in case of objective reasons it stops operating or changes the working hours in terms of 
Article 26 paragraph 3 of this law, it does not info rm the State labour inspectorate and the competent 
body of the municipality or the City of Skopje  abou t the reasons within five days from the day when 
it stopped operating (Ar ticle 26 paragraph 4); 
 
12. it does not post the working hours and the tele phone number of the State market inspectorate 
from that area on a visible place at the entrance of the stores, storerooms, warehouses, gas stations and 
business locations, and does not abide by th e posted working hours (Article 27). 
  For the actions under paragraph 1 item 2 of this  Article, the legal entity shall be imposed a 
safety measure seizure of the temporarily seized objects-goods. 
 
 For the actions under paragraph 1 of this Artic le, the person responsible in the legal entity 
shall be fined for infraction with the fi ne from 10,000.00 up to 50,000.00 denars. 
  For the actions under paragraph 1 of this Article, the state mark et inspector may charge on the 
spot a fine of 15,000.00 denars for the legal entity, and 7,000.00 denars for the person responsible in 
the legal entity.  
Article 58 
 
 A natural person performing trade shall be fine d for infraction with a fine from 30,000.00 up 
to 50,000.00 denars, for the actions under Articles 55  paragraph 1, 56 paragra ph 1, and 57 paragraph 1 
of this law. 
 
 For the actions under Article 55 paragraph 1 ite ms 1, 2, 3, 6, and 7, and Article 56 
paragraph 1 items 1, 2, 3, 4, 5, 8, and 9, a safety  measure shall be imposed-seizure of the temporarily 
seized objects-goods. 
  For the infraction under Article 56 paragraph 1 of  this law, the state market inspector may 
charge on the spot the natural person performi ng trade with a fine of 5,000.00 denars. 
 
Article 59 
  If the infraction stipulated in Article 55 pa ragraph 1 item 1 is committed by a person under 
18 years of age, the parent or the guardian sh all be fined with a fine from 2,000.00 up to 
5,000.00 denars.  For the actions under paragraph 1 of this Article , in addition to the fine, the parent or the 
guardian shall be imposed a safety measure– sei zure of the temporarily seized objects-goods. 
 
VIII.  TRANSITIONAL AND FINAL PROVISIONS 
Article 60 
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  The application of Article 23 paragraph 1 of th is law shall not relate to the trader who has 
commenced performing trade activity before th e day of entry into force of this law. 
 
Article 61 
  The trader who is organising wholesale and reta il markets is obliged to comply the operation 
of the market within one year from the da y of entering into force of this law. 
 
Article 62 
  The trader is obliged, within three months from th e day of entering into force of this law, to 
comply his operation with the provisions of Article 32 paragraph 1 line 3 of this law. 
 
Article 63 
 
 The Commission under Article 35 of this law shal l be appointed by the Government within a 
period of thirty days from the day of entering into force of this law.   The regulations anticipated by this law shall be adopted within a period of three months from 
the day of entering into force of this law. 
 
 Until the adoption of the regulations under paragr aph 2 of this Article, the existing regulations 
shall apply.  
Article 64 
  The procedures that have been initiated and not completed until the entering into force of this 
law shall be completed in accordance with the regulati ons that were in force before the entering into 
force of this law. 
Article 65 
 
 As of the day of entering into force of this  law, the provisions from Articles 57-a, 57-b, and 
57-d of the Law on Foreign Trading Operations (“ Official Gazette of Re public of Macedonia”, 
Nos. 31/93;  41/93;  78/93;  59/96;  15/97;  13/98;  13/99;  50/99;  82/99;  4/2001;  2/2002;  45/2002 
and 31/2003) shall continue to be applied.  
 The provisions under paragraph 1 of this Artic le shall be applied until the 31 December 2005.  
 
Article 66 
 
 As of the day when this law shall enter into force, the Law on Trade (“Official Gazette of 
Republic of Macedonia” Nos. 23/95, 30/95, 43/95, 23/99, 43/99, 6/2002 and 38/2003), except 
Article 24 which shall continue to be applied one year  after the day of entering into force of this law, 
and the Law on Foreign Trading Operation (“O fficial Gazette of Republic of Macedonia”, 
Nos. 45/2002 and 31/2003) shall cease to be valid. 
Article 67 
 
 This law enters into force on the eighth day after the day of its publication in the 
“Official Gazette of Republic of Macedonia”.  
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