Law for IZ
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According to Article 75, paragraphs 1 and 2 of the Constitution of Republic of Macedonia, the President of the Republic of Macedonia and the President of the Parliament of the Republic of Macedonia issue DECREE FOR PROCLAMATION OF THE LAW FOR INDUSTRIAL GREEN ZONES Is declared the law for industrial green zone, which the parliament of the Republic of Macedonia has adopted on the meeting held on 26 august 2013 Year No.07-3233/1 President 26 august 2013 Year of the Republic of Macedonia Skopje Djordje Ivanov, s.r. President of the Parliament of the Republic of Macedonia Trajko Veljanovski, s.r. LAW FOR INDUSTRIAL - GREEN ZONES Official Gazette of the Republic Macedonia N.119 of 29/08/2013 Year SECTION I GENERAL PROVISIONS Subject of regulation Article 1 This Law regulates the conditions and manner of establishment, management and work with industrial and green areas, the activities performed in the industrial and green areas, conditions for their performance, as well as the cessation of operation of the industrial and green zone, land alienation and the obligations of the owner of the land who will performs activity in the area. Purpose of the Law Article 2 The purpose of this law is acceleration of the economic development by attracting foreign and domestic capital for development of the units of the local self-government and the economy of Republic of Macedonia, as well as increasing the competitiveness and the employment. Meaning of certain terms Article 3 Certain terms used in this Law have the following meanings: 1. "Industrial Zone" is part of the territory of Republic of Macedonia in property of Republic of Macedonia, separately fenced and marked area which represents a functional unit in which activities are performed under the conditions prescribed by this Law and other law; 2. "Founder of the industrial and green zone" is a unit of local self government or Government of Republic of Macedonia; 3. "Operator of Zone" is a public company, or trade company founded by the unit of the local self government when the founder of Zone is the unit of the local self government and Directorate for Technological Industrial Development Zones (hereinafter: the Directorate) when founder of a Zone is the Government of Republic of Macedonia; 4. "Owner of a part of zone" means any physical person who is registered as a sole proprietor in accordance with the Law on Trade Companies and / or legal person registered as a trade company in accordance with the Law on Trade Companies, which owns part of the land, which performs activity within the zone and which concluded a contract for performing activity with the founder of the zone and is issued a decision for commencement of operations (hereinafter: the owner); 5. "Commercial activities" are activities and services that are determined in accordance with the Law for Trade Companies; 6. "Green Zones" are zones where there are low levels of environmental pollution where there will be applied advanced technologies that save energy and minimize the adverse effects on the environment and 7. "Infrastructural facility" is underground or above ground installation and construction from the field of traffic, electrical installations, gas pipelines, oil pipelines, plumbing and sewage, heating, telecommunications and other installations. Public interest Article 4 The construction and the performance of works for establishment and operation of industrial - Green Zones (hereinafter: zones) is of public interest. SECTION II TERMS AND CONDITIONS FOR ESTABLISHMENT OF ZONE Conditions for establishment of a zone Article 5 (1) The Zone is established if: - Has been taken proper urban planning documentation in accordance with the Law on Spatial and Urban Planning - Are provided spatial, energetic, and other technical requirements for performing activities within the zone and - Founder of the zone has provided funds for establishment of the zone. (2) The conditions for establishment of the zone from paragraph (1), item 2 of this Article to the boundaries of the zone in case when the founder of the zone is local government are provided by the unit of the local self government. (3) The conditions for establishment of the zone from paragraph (1), item 2 of this Article to the boundaries of the zone in case when the founder of the Zone is the government of Republic of Macedonia are provided by the Government of Republic of Macedonia. Founder of industrial zone Article 6 (1) Industrial Zone may be established by local self government unit under the terms and conditions stipulated by this law. (2) The Government of Republic of Macedonia may be founder of industrial zone if the coverage of the surface is over 15 hectares, under terms and conditions established by the law. (3) Industrial zones can be established by two or more units of local self-government for which they sign a mutual agreement. (4) The agreement under paragraph (3) of this Article particularly contains the following elements: 1) Subject of agreement; 2) Term of validity of the contract; 3) Goals and deadlines for their achievement; 4) Rights and obligations of the contracting parties; 5) Duration of the contract; 6) Measures and ways on taking the measures that can be applied in the case of default of obligations specified in the contract; 7) Conditions and manner of termination of obligations and manner of compensating losses and 8) Way of resolving disputes. Founder of Green Zone Article 7 (1) Green zones may be established by local self government units under the terms and conditions established by this law. (2) The Government of Republic of Macedonia may be the founder of Green Zone if coverage of the surface is over 15 hectares, under terms and conditions established by this law. (3) Activities that can be performed in the green zones are seamless and non polluting industry that includes all types of production that do not require a lot of energy, does not create a large supply of raw, materials and traffic and do not produce detrimental elements as: - Processing of organic food - Production of electrical energy from renewable sources and - Production of recycling base. (4) The provisions of this law that refer to industrial zones respectively apply for green zones unless by this law stipulates otherwise. Procedure for establishment of zone from the Government of Republic of Macedonia Article 8 (1) When the Government of Republic of Macedonia is the founder of industrial or green zone it makes a decision for establishment of a zone, on suggestion of the minister responsible for the affairs of the economy. (2) The proposal under paragraph (1) of this Article particularly comprising: 1) Scope of the zone with a list of indications for the cadastral parcels included in the scope; 2) Time for which the zone is established; 3) Activities which will be carried out within the zone; 4) The necessary conditions and actions required to ensure access to the zone, as well as spatial, energetic, technical and other conditions for performing activities in the zone and 5) Needed funds for establishment of the zone and source of funding. (3) The Government of Republic of Macedonia submits the proposal from paragraph (1) of this Article, to the Ministry of Environment and Spatial Planning and the Ministry of Agriculture, Forestry and Water Management who are obliged within 15 days from the receiving the proposal to submit an opinion to the Government of Republic of Macedonia for conversion of the land. (4) The Government of Republic of Macedonia within a period of 30 days from the date of submission of the proposal under paragraph (1) of this Article adopts a decision for establishing zone or will reject the proposal. (5) The Resolution for establishment of the zone from the paragraph (1) of this Article contains: 1) name of the founder; 2) name of the zone; 3) territory of the zone; 4) activities performed in the zone and 5) period for establishing the zone. Decision for starting of procedure for establishment of zone Article 9 (1) When the unit of the local self government is the founder of industrial or green zone the Mayor submits a request to the council of the local self government. (2) The application from the paragraph (1) of this Article particularly comprise : 1) Name and address of the founder; 2) Coverage of the zone with a list of indications for the cadastral parcels included in the scope; 3) Period for which the zone is established; 4) Activities which will be performed within C zone; 5) The necessary conditions and actions required to ensure access to the zone, as well as spatial, energetic, technical and other conditions for performing activities in of the zone and 6) Necessary funds for establishment of the zone and source of funding. (3) The council the unit of the local self government after receiving the request under paragraph (1) of this Article, it submits it to the Ministry of Environment and Spatial Planning and the Ministry of Agriculture, Forestry and Water Management who are obliged within 15 days from the receipt of the request to submit opinion about conversion of the land. (4) The council of the unit of the local self government within a period of 30 days of submission of the request under paragraph (1) of this Article adopt a decision for establishment of a Zone or it will reject the request. Decision for establishment of a zone Article 10 (1) After fulfillment of the terms of Article 5 of this Law, the council of the local self government adopts a decision for establishment of a zone. (2) The decision from paragraph (1) of this Article particularly contains : 1) Name and address of the Founder of the zone; 2) Name of the zone; 3) Territory of the zone; 4) Activities that will be carried within the zone; 5) Buildings identified in the urban planning documentation that will be built in the zone and 6) Period for which the zone is established. Extending and reduction of the scope of the zone Article 11 (1) The unit of the local self government may conduct expansion and reduction of the scope of the zone in the manner and procedure as stipulated by the provisions of Articles 9 and 10 of this Law. (2) The Government may conduct expansion and reduction of the scope of the zone in the manner and procedure as provided in Article 8 of this Law. Operator of Zone Article 12 (1) With the zone established by the unit of the local self government as an operator manages a public enterprise, that is trade company established by the founder of the area. (2) With the zone established by the Government of Republic of Macedonia as an operator manages the Directorate. (3) The operator of the zone from paragraph (1) in this Article may not be engaged in any activities other than the activity operator of a Zone. (4) The operator of the zone from paragraphs (1) and (2) in this Article by a decision determines: - Organizational and technical conditions for conducting business in the zone, - Working time of the zone, - Obligation to provide spatial, organizational and technical conditions for the use of the zone, - Measures for protection of work in the zone and - Measures for environmental protection, rights and obligations of the owner of the zone. (5) The operator of the zone from paragraphs (1) and (2) in this Article, the acts from paragraph (4) in this Article submits for obtaining consent to the founder of the zone. Register of industrial - green zones Article 13 (1) For the industrial and green zones established under this law is conducted Register of industrial - green zones. (2) The register from paragraph (1) in this Article, if the founder of the Zone is the Government of Republic of Macedonia is conducted by the Directorate, and if the founder is the unit of the local self government, the Register from paragraph (1) in this Article is conducted by the ministry of Local Self Government. (3) Within 15 days from the day of adoption of the decision, in accordance with Article 10 paragraph (1) from this Law, the founder of the zone is obliged to submit an application for registration of the zone in the Register of industrial and green areas. (4) The form, content and the manner of keeping the Register of industrial - green zones, as well as the form and the content of the application from paragraph (3) of this Article prescribes the Minister of Economy. Procedure on alienation of land through a public auction Article 14 (1) The land within the zone when the zone founder of the unit of the local self government alienates the unit of the local self government, and when the founder of the Zone is the Government of Republic of Macedonia, the land within the zone alienates the Ministry of Transport and Communications. (2) The procedure for alienation of land owned by the Republic of Macedonia through public auction is conducted in accordance with the provisions from this law, with electronic public auction (hereinafter: public auction) and it is implemented by the Commission for implementation of procedures for public auction (hereinafter: the Commission), formed by the mayor of the local self government or the Ministry of Transport and Communications. (3) The procedure for alienation begins with previously given publication in: - At least three daily newspapers of at least half a page which are issued in Macedonian language, and are coming out at least three months before the date of publication of the announcement and - One daily newspaper issued in a language which is spoken by 20% of citizens speaking an official language other than Macedonian municipalities, municipalities in the city Skopje and the City Skopje in which area is located the construction land subject to publication, and is published at least three months before the date of publication of the announcement. (4) The publication from paragraph (3) of this Article may be made in foreign printed newspaper. (5) The publication from paragraph (3) of this Article is prepared and delivered for publication by the Commission upon previously obtained consent from the founder. (6) The equipment (hardware and software) for electronic public auction should fulfill the minimum technical standards and requirements in terms of equipment and software functionality for electronic public auction, prescribed by the Government of Republic of Macedonia in accordance with the Law for Construction Land. Article 15 For alienation of the construction land owned by the Republic of Macedonia, which is subject of the post, can apply for participation all interested domestic and foreign physical and legal persons who may acquire ownership of construction land in the territory of the Republic of Macedonia in accordance to law, who fulfill conditions given in the publication. Article 16 (1) The publication for alienation of construction land owned by the Republic of Macedonia shall compulsory contains the following data: - Construction land subject of alienation (purpose of building lot area, cadastral parcels covered by the building lot, building area, gross built area, coefficient of utilization, percentage of construction, number of floors and / or height, etc.) - The minimum percentage that should be built from total developed area for construction, - The initial price per square meter for the construction land which is subject of alienation, - The deadline for filing and submission of applications for participation in public auction, - Time of commencement and duration of public bidding - The conditions for participation in public auction for foreign physical and legal persons, - Deposit for participation in public bidding which range from 10% to 30% of the total initial cost for alienation, as well as account on which the deposit is paid, - Commitment of the best bidder to pay the amount within 15 days from the date of reception of written notice of election, otherwise will not be accessed conclusion of the contract and the deposited funds of best bidder will be returned and it will not be able to participate in any future public auction of the mentioned construction lot, - The deadline for obtaining of approval for construction, and the deadline for construction of the facility, - The manner and procedure of conducting the auction (manner of legitimization of public auction participants, number of participants required in compliance to Law, minimal abreast of increasing the value per square meter of the construction land, defining of the beginning and the end of public bidding, deadline for payment of the most favorable bid, the deadline for return of the deposit paid, obligations for payment of sales tax, obligation for costs of solemnization of the contract and right of appeal), - The website on which will be performed the public auction and - Other commitments which is required to be fulfilled by the most suitable bidder, which would be specified in the contract for alienation. (2) The deadline for submitting an application for participation can not be shorter than 30 days nor more than 60 days from the date of publication of the announcement to the date of submission of applications. (3) The starting price is one euro in denar counter value per square meter for construction land subject of alienation. (4) The amount of the minimum step of increasing the value per square meter of land is 10% of the minimum starting price per square meter for the alienation of the construction land. Article 17 Special additional conditions that may be anticipated in the publication are: - The amount of annual turnover of capital of the legal entity, who will apply for participation in the public bidding, - Number of constructed facilities or facilities in possession of a legal person who applies for participation in public bidding depending of the purpose of the land subject of the public announcement, - Number of employed persons in the legal entity that will participate in the public bidding, - Number of persons who after the construction of the facilities will be employed, - A feasibility study or business plan - Legal person to be listed on one of the known world stock markets, - Legal person to possesses appropriate license ie franchise for activities that can be performed in the zone, - bank guarantee for severity of the offer and / or bank guarantee for construction of the facility in accordance with the purpose of urban planning documentation, - Urban and architectural requirements for the construction of facilities in the zone, - Introduction of certificates for high environmental standards - Quality service based on European standards and - High level of energy efficiency. Article 18 The Commission may conduct correction of the announcement after prior approval by the founder no later then 15 days before the expiry of the last day for submission of the application for participation in the public bidding specified in the publication, and it is published in the printed newspaper in which is published the publication itself. If by the time of the correction have applied entities for participation in the public bidding, the Commission is obliged to notify them for the correction. Article 19 The participation on the public bidding interested legal and physical persons confirms it by submitting a written application for participation in a public bidding that lists data for the construction land for which the application relates, for the submitter of the application, as well as for transactional or bank account on which the deposit for participation in the public bidding will be returned for participation in the public bidding. Article 20 (1) For each conducted procedure for public bidding, the Commission is obliged to prepare a report and the same signed by the president and members of the Commission, submits it to the founder of the zone. (2) Based on the report from paragraph (1) of this Article, the founder of the zone makes a decision of choosing the best bidder and the mayor the unit of local self government, on behalf of the Government of Republic of Macedonia, the Ministry of Transport and Communications concludes a contract for alienation of land with the most suitable bidder from the public bidding. (3) From the publication of the announcement for until the time of the commencement of the public bidding, the Commission with a conclusion can stop the public bidding procedure, if there are unforeseen circumstances that would have prevented the conduction of procedure for alienation property of the Republic of Macedonia through a public bidding. The conclusion is grounds for cancellation of for the announcement for which the founder of the zone proposed after of Commission adopts a decision. If the publication is annulled before the deadline for submission of applications for participation, the Commission announces the conclusion in the same printed media that published the publication. Article 21 (1) The application for participation in the public bidding should contain all data and evidence which are specified in the publication in a form and manner as provided in the publication. (2) The Commission after the receipt of the applications from the applicants, determines whether the applications are submitted within the specified period and whether they are completed in accordance with the terms from the publication. (3) The Commission informs the applicants about completeness of their applications electronically, within three days from the date of the submission of offers, wherein to the applicants who submitted complete documentation submits a username and password for participation in the public bidding, and to the applicants who did not submit complete documentation shall submit notification with an explanation that they will not participate in the public bidding. (4) Applicants who submitted completed applications for participation in the public bidding in accordance with the announcement, on the day of the public bidding are registered on the website mentioned in the publication with the username and password for participation in the public bidding, after what they have the right to participate in the public bidding. Article 22 (1) Participants at the public bidding are applicants who submitted complete documentation and have registered on the website mentioned in the publication. (2) The public bidding will be held barring after the publication is log on and just one participant who fulfills the conditions given in the publication and give more than the initial price. Article 23 (1) The deposit for participation in the public auction is returned to the applicant for participation in the public bidding, in full, within 15 days from the date of the public auction. (2) The deposit for participation at public auction on the most suitable bidder is returned decreased by 10% about certain costs of the procedure, within 15 days from the date of payment of the total amount achieved on the public bidding about sale of construction land. (3) Specific expenses of the procedure for alienation of construction land owned by the Republic of Macedonia relates to the following activities: - collection of evidence for the construction lot subject of the public bidding, - publication in the media and public media, - inspection on site and determination of the actual state and - introduction in the occupancy of the building site. Article 24 (1) The public bidding starts with announcement of the initial price of the land which is the subject of the publication by square meter, and is conducted through bidding by the participants in the auction. (2) For successfully conducted public bidding procedure it is necessary to have at least one bidding gradually over the initial price per square meter. (3) Public bidding cannot be shorter than 15 minutes. The public bidding is considered complete at the moment of expiry on the time specified in the publication, in which if in the last two minutes from determined time for duration of the public bidding by the participants is made an offer, the deadline about completion on the public bidding continues about two minutes, and will end when for the period of the next two minutes there is no new offer made. (4) The public bidding continues unlimited until with an interval of two minutes if there is a new offer made. Article 25 (1) For most suitable bidder is considered the participant at the public bidding which last offered price per square meter, which is the highest price for alienation of construction land. (2) The Commission after the completion of the public bidding prepares a report for the conducted public bidding and electronically distributes to all participants of the public bidding. (3) The most suitable bidder within 15 days from the day of the completion of the public bidding is obliged to pay the amount from paragraph (1) of this Article. (4) If the most favorable bidder within the time limit from paragraph (3) of this Article does not pay the amount from paragraph (1) of this Article, the deposit shall not be refunded and will not be accessed to conclusion of the contract. Article 26 (1) During the public bidding participants have the right to appeal within three days from the day of the public auction. The complaint is submitted in written form to the Commission after which submits the same proposal to the founder of the zone, which based on the proposal adopts a decision within five working days. (2) Against the decision referred to in paragraph (1) of this Article with which is decided after the lodged complaint from paragraph (1) of this Article, the party may file an appeal within 30 days the day of receipt of the decision to Administrative Court. (3) The procedure for public auction ends after the deadline from paragraph (1) of this Article, unless appeal has been lodged. (4) The procedure for public bidding ends after the decision from paragraph (1) of this Article. Article 27 (1) After the completion of the public bidding, with the most suitable bidder, within five working days after the payment of the price for alienation of land, the mayor of the unit of the local self government enters into a contract for alienation of construction land, and on behalf of the Government of Republic of Macedonia concludes contract the Ministry of Transport and Communications. (2) The contract for alienation of construction land owned by the Republic of Macedonia is concluded in written form. (3) On the contract from paragraph (1) of this Article respectively are applied the provisions of the Law on Obligatory Relations. Article 28 (1) The contract under Article 27 of this Law in particular contains: 1) The parties to the contract; 2) Subject of the contract; 3) Concrete information’s on the subject land; 4) Amount of the cost for the alienation and payment term; 5) Obligation for the buyer to pay the sales tax and notary expenses; 6) Deadline for obtaining of approval for construction in accordance with the Article 28 paragraph (2) from this Law; 7) Deadline for construction of the facility in accordance with the terms specified in this Law and 8) Contractual penalty for disregard of time limit from paragraph (1), item 6 and the deadline from paragraph (1) item 7 of this Article in the amount of 1.5% of the total price achieved in the public bidding of subject land for each passing month in the first year from the expiration of the deadline that is 3% of the total price achieved in the public bidding of the subject land for each passing month in the second year of the deadline, that is 4.5% of the total price achieved in the public bidding of the subject land for each passing month in the third and each subsequent year of the deadline and 9) Activity which should be performed by the owner of the zone. (2) Means from payment of the contractual penalty from paragraph (1) item 8 of this article are income of the unit of the local self government ie the budget of the Republic of Macedonia. (3) Contract which does not contain the elements from paragraph (1) of this Article is invalid. (4) Failure to fulfill the obligations arising from the contract from paragraph (1) of this Article constitutes grounds for termination of the contract. Article 29 (1) After the conclusion of the contract from Article 27 of this Law, the owner within 30 days submits it with a notary for performing of solemnization. (2) The owner is obliged to obtain approval for construction of the projected facility by the competent authority within 12 months from the solemnization of the contract and is obligated to build the land in accordance with the requirements in the publication within three years from the date the building permit. (3) Failure to fulfill the obligation from paragraph (1) of this Article by the fault of the owner is ground for unilateral termination of the contract wherein 20% of the total amount from alienation, is not returned to him. Article 30 (1) On the contract for alienation of construction land owned by Republic of Macedonia can be made changes and amendments by adding an annex to the contract. (2) Changes and amendments to the contracts from paragraph (1) of this Article may be made for the following reasons: - If changes occurred to the subject of the contract as a result of a change in the urban planning documentation, but not because of a change of the purpose and the area of the construction lot for which is alienated the construction land, - Due to removal of new circumstances arising (change of number of cadastral parcel or a change of cadastral municipality of the land), from the date of signing of the contract until the date of registration of the contract in the public record for registration of rights to real estate - The status change of the owner of part of the zone, - In order to eliminate errors in the data’s for the description of the land which is alienated and - Other unforeseen reasons ie circumstances. Article 31 Arrangement of construction land to the zone (construction of facilities of utility infrastructure, in order to provide uninterrupted access to the zone, setting up water supply, sewerage and atmospheric drains and other installation) are performed by the units of the local Self Government and / or the Government of Republic of Macedonia, and within the frameworks of the zone by the operator / by the owner for individual connections. Article 32 (1) Competent authority for issuing building permits for industrial and green zones, as well as of buildings in the zone is the competent authority in accordance with the Law on Construction. (2) The procedure for issuance of approval for construction is conducted in accordance with the Law on Construction. (3) As an exception to provisions of the law for construction, the owner is obliged to build the facility within three years from the date of conclusion of the contract from Article 27 of this Law. Separation and spatial arrangement of the zone Article 33 (1) The founder of the Zone is obliged to fence, devices and mark the area of the zone. (2) The area should be arranged so that the entry and exit of persons, vehicles and goods in and out of the zone is possible only through certain inputs, that is outputs. (3) The fence, entrances and exits of the zone should be properly arranged, secured and lighted. (4) The closer criteria’s and the manner of arrangement of the zone from this Article prescribes the council of the unit of the local self government that is the Directorate. Arrangement of the relations between operator and the owners Article 34 (1) The operator of the zone concludes contract in accordance with regulations for Obligation Relations with the owner for the rights and obligations in the performance of commercial activities in the zones. (2) The rights and obligations specified in the contracts that the operator from paragraph (1) of this Article concludes with owners of the land which performs activity in the zone can not be in contradiction with the elements that are defined in the Act from Article 12 paragraph (4) from this Law. (3) The operator of the zone should allow unfettered access to the parts of the zone by the owners and to other installation with connectors to the land which is part of the zone and uninterrupted operation of infrastructure facilities in the zone. (4) For the performance of the works in the zone, the operator of the zone adopts a schedule for establishing the fees for services provided, and which is approved by the council of the unit of the local self government that is the Government of Republic of Macedonia. Working of the zone Article 35 (1) Owners who will perform business in the zone may in accordance with this law and the concluded contract in the zone to perform production and providing services that are defined as commercial activities in accordance with the provisions from the Law on Trade Companies. (2) With the performance of activities and providing services in the zone must not be endanger the environment, human health, material goods and security of the Republic of Macedonia. Operating Report of the zone Article 36 (1) The operator of the zone is obliged to the founder of the zone to submits a report on the work of the zone for the previous year latest to 15th March of the current year (hereafter Annual Report). (2) The annual report contains data especially pertaining to: 1) the scope of the services rendered in the zone, quantity and value; 2) generated revenue or turnover and 3) The number of employments in the reporting period by qualification structure. (3) The information’s in the annual report are provided both in total and by individual owners of the zone. (4) The form and content of the report shall be prescribed by Mayor of the municipality the City Mayor or the Mayor the City of Skopje. (5) The founder of the zone is obliged to provide a warning to the operator of the zone latest fifteen days before the deadline for the report under paragraph (1) of the this Article. (6) The operator of the zone is obliged to the founder of the zone to provide the report under paragraph (1) of this Article no later than 31 May of the current year. SECTION III ACTIVITIES WHICH MAY BE CARRIED OUT IN THE ZONE Activities that can be performed in the Zone Article 37 (1) In zone activities are performed solely for the purpose of operation of the zones, and can be constructed structures with the purpose of manufacturing, distribution and services in accordance with the standards and norms for urban planning. (2) The activities in the zone are conducted under the following conditions: 1) The business venture to be in accordance with the attached feasibility study or business plan; 2) The origin and quality of raw materials, semi-finished and final products to be able to be determined and controlled; 3) The work does not endanger the public safety, the environment and health in the zone and 4) The owner of part of the zone to ensure the underlying assets and employees from risks arising from operations. (3) In the zone must not be carried out activity related to: 1) services originating from countries or companies that are subject to embargoes and blockades imposed by national and international bodies and authorities; 2) services that endanger the public morality, public safety and defense 3) services that are not in accordance with the laws of Republic of Macedonia and of international treaties ratified by the Republic of Macedonia concerning of the protection of intellectual and industrial property. Owners who will perform an activity in the zone Article 38 (1) The owners in the zones may only provide such trade activities regulated by Company Law and are determined by the decision establishing the zone. (2) The owner who will performs an activity in the zone is obliged to the competent authority to provide adequate supervision. (3) The owner who will performs an activity in the zone is obliged the operator to submit an annual report for the work in the previous year, no later than 31 March of the current year. (4) The annual report from paragraph (3) of the this Article contains data particularly for: 1) The scope of the services rendered in the zone, quantitatively and valuably and 2) The number of employments in the reporting period by qualification structure. (5) The form and the content of the annual report from paragraph (3) of this Article are prescribed by the founder of the zone. (6) The founder of the zone is obliged to submit notice to the owner who will perform business in zone no later than 15 days before the deadline for the report from paragraph (3) of the this Article. (7) The owners who will perform an activity in the zone undergo the same rights and obligations in accordance with the regulations of Republic of Macedonia that undergo and all other commercial companies registered in the Trade Register or foreign companies that conduct business in the country. (8) The owners who will perform activities in the zone, performs the activities in accordance with the laws applicable in Republic of Macedonia and the agreement that regulates the mutual rights and obligations with the operator of the zone. Section IV SUPERVISION Article 39 (1) Supervision over lawfulness of the work the units of the local self government in relation to the competencies set out in this Law performs the Ministry of Local Self Government. (2) Supervision of the work of the operators of the zones established by the units of the local self government conducts the units of the local self government. (3) Supervision over the legality of the work of the owners in the area in case when the founder of the zone's unit of local self government conducts the units of the local self government. (4) Supervision over the legality of the work of the owners in the zone in case when the founder of the zone is the Government of Republic of Macedonia conducts the Directorate by authorized employees of the Directorate. (5) The supervision from paragraph (3) of this Article is performed by authorized employees of the unit of the local self government. (6) The authorized person independently performs activities of monitoring and undertake measures for authorized by this law. (7) The authorization for supervision the authorized person from paragraphs (3) and (4) of this Article is proved by an appropriate document and it is obliged to show during the supervision performance, at the request of owner of the zone, to allow him to review it. (8) The inspection is conducted without prior notice, at a time when the owner of the zone carry out its activities independently or upon a report by the owners. (9) Persons authorized conducts the supervision efficiently, taking into account the protection of public interest and to the extent that it is possible to protect the interest of the owner of part of the zone. (10) The persons under paragraphs (3) and (4) of this article are entitled to: 1) Perform supervision in the business premises of the owner of the zone; 2) Check identification papers of persons for confirmation of their identity; 3) Require from the owner of part of the zone or of its employees written or oral explanation regarding matters within the scope of supervision; 4) Seek expert opinion when it is needed for supervision and 5) provide other required evidence. (11) If it is necessary justified to subtract or temporarily stored documents, persons authorized by paragraphs (3) and (4) of this article may: 1) to require from the owner of the zone or from person employed in which has the authority for it to open and allow access to any room and 2) ask any person who has the authority for it to provide access to any file and facilities. (12) The identity of the copy with the original of the documents, evidence and information’s confirms the owner of part of the zone with its own seal and signature or his employee with a signature. (13) The owner of part of the zone is obliged to cooperate and at the request of the authorized person from paragraphs (3) and (4) of this Article for conducting supervision to allow unfettered access to premises, documents, electronic or any other means subject to supervision as well as to submit the documentation necessary to carry out surveillance. (14) Persons authorized from paragraph (5) of this Article shall be appointed by the mayor the unit of the local self government. Section V MISDEMEANOR PROVISIONS Article 40 (1) Fine with amount from 4,000 to 5,000 euros in denar counter value shall be imposed for violation to the legal person - operator of the zone if do not submit a report for the work of the Zone the form, content and deadline in accordance with Article 36 paragraph (1) and (6) of this law. (2) Fine in amount from 500 to 1,000 euros in denar counter value shall be imposed to the responsible person of the legal person - operator of the zone for violation from paragraph (1) of this Article. (3) For the misdemeanor defined in this Article, to the perpetrator shall be proposed settlement procedure before being submitted a request for misdemeanor procedure to the competent court. Article 41 (1) Fine with amount from 4,000 to 5,000 euros in denar counter value shall be imposed for violation to the legal person - owner who will performs an activity in the zone if do not submit a report for the operation of the Zone in form, content and deadline in accordance with Article 38, paragraph 3) from this Law. (2) Fine in amount from 500 to 1,000 euros in denar counter value shall be imposed to the responsible person of the legal person - owner who will performs an activity in the zone for violation from paragraph (1) of this Article. (3) Fine in amount from 500 to 1,000 euros in denar counter value shall also be imposed on physical person - owner who will performs an activity in the zone for violation from paragraph (1) of this Article. (4) For the misdemeanor defined in this Article, to the perpetrator shall be proposed settlement procedure before being submitted a request for misdemeanor procedure to the competent court. Article 42 For the misdemeanor provided for in Articles 36, paragraphs (1) and (6) and 38 paragraph (3) from this Law misdemeanor procedure leads and misdemeanor sanction imposed by the competent court. Section VI TRANSITIONAL AND CONCLUDING PROVISIONS Article 43 (1) Local Self Government Units which until the day of entry into force of this law on their territory have adopted proper urban planning documentation for construction of the zone, enacted appropriate act for establishment of the zone by the authority the unit of the local self government and began with realization of investments in the zone, are considered founders of the zones with rights and obligations stipulated by this law. (2) The zones from paragraph (1) of this Article will have to comply with the provisions of this Law concerning the conditions for their operation no later than 1 January 2014. (3) Upon compliance with the terms of paragraph (2) of this Article, the founder of the Zone submits an application for registration in the register of industrial and green economic zones to the Ministry of Local Self Government. Article 44 The secondary acts provided by this law shall be adopted within six months from the date of entry into force of this law. Article 45 This Law enters into force on the day of publication in the "Official Gazette of the Republic of Macedonia".
