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Official Translation

 

 

REPUBLIC OF LITHUANIA

LAW ON THE AMENDMENT OF THE LAW ON ALCOHOL CONTROL

 

18 April 1995 No. I-857

Vilnius

(New edition by March 9, 2004. No. IX – 2052)

Article 1. New Version of the Law of the Republic of Lithuania on Alcohol Control

The Law of the Republic of Lithuania on Alcohol Control shall be revised and set forth to read as follows:

 

 

“LAW ON ALCOHOL CONTROL

CHAPTER 1

GENERAL PROVISIONS

Article 1. Purpose of the Law

1. The purpose of this Law is to reduce the general consumption of alcohol, its availability, especially to minors, alcohol abuse, the damage caused by it to health and the economy and to establish the legal principles of granting economic entities the right to manufacture, sell, bring in, import and export the alcohol products, regulated in this Law.

2. This Law shall regulate the relations involving the production, sale, stocking, transporting, bringing in, importing, exporting, consumption, advertising and sponsorship and shall establish the basics of State alcohol control of the Republic of Lithuania.

3. The provisions of this Law have been harmonised with the legal acts of the European Union which are indicated in the Annex of the Law.

 

Article 2. Definitions

1. Alcoholic beverages means beverages, whose ethyl alcohol strength by volume amounts to more than 1.2 % (of beer more than 0.5%).

2. Alcohol Control means all of the State regulation measures, set forth in this Law and other legal acts, of alcohol product production, bringing in, import, export, sale, consumption and alcohol advertising, intended to reduce the general consumption of alcohol and the harmful consequences of the consumption of alcoholic beverages and other products containing ethyl alcohol to health and economy.

3. Alcohol products means non denatured alcohol and denatured (including dehydrated and denatured) ethyl alcohol (hereinafter ethyl alcohol) both of agricultural and non agricultural origin, alcoholic beverages, alimentary and non alimentary alcoholic solutions with fragrant material additives (hereinafter alcoholic solutions) and raw materials containing ethyl alcohol (hereinafter raw materials).

4. Advertising of alcohol means information disseminated in any form and through any means, which is connected with the commercial, economic and financial activities of undertakings and which promotes the acquisition or consumption of alcohol products.

5. Export means the taking out of alcohol products (by entering these products in the Republic of Lithuania for outright exportation procedure) to countries or territories which do not belong to the customs territory of the European Community.

6. Ethyl Alcohol (hereinafter alcohol) means saturated monohydroxyl alcohol which affects the mind and may result in habit forming and dependency on it.

7. Import means the bringing in of the alcohol products (by entry of these products in the Republic of Lithuania for release for free circulation procedure) from the countries or territories which do not belong to the customs territory of the European Community.

8. Bringing in means the bringing in of alcohol products having EC product status into the Republic of Lithuania (except for the alcohol products brought in by natural persons) from other countries or territories attributed to the customs territory of the European Community.

9. Mass events means holidays, festivals, and other events, which are organised by State or municipal institutions and also other legal or natural persons upon co-coordinating the time of the event and other procedure of the event organization with the appropriate municipal institutions (when such co-ordination is required under the Law of the Republic of Lithuania on Assemblies).

10. Home brewed alcoholic beverages means alcoholic beverages produced by a natural person.

11. Naturally fermented alcoholic beverages means beverages in which all of the ethyl alcohol is obtained through alcohol souring means, without further distilling and adding any alcohol products which contain distilled or rectified ethyl alcohol.

12. Temporary catering establishments means catering establishments set up in accordance with hygiene standards and regulations applicable to catering establishments in temporary structures (where public catering activities are carried on) which are not subject to registration in the Register of Immovable Property.

13. Ethyl alcohol of non-agricultural origin means ethyl alcohol, produced from products, which are not listed in Annex I of the EC Treaty.

14. Specialised alcoholic beverages retail establishment (specialised alcoholic beverages retail division) means retail establishment (division of a retail establishment) the goods assortment whereof is comprised of alcoholic beverages and related goods assortment (non-alcoholic beverages, juices, gadgets for opening and sealing bottles, bottle packing, tobacco products, matches and lighters).

15. Permanent retail establishments and permanent catering establishments means retail establishments and catering establishments the buildings whereof (in which sale or catering activities are carried on) are subject under the laws and other legal acts of the Republic of Lithuania to legal registration as immovable property.

16. Educational institutions means formal and informal educational institutions, except for universities.

17. Ethyl alcohol of agricultural origin means ethyl alcohol, produced from products of agricultural origin listed in Annex I of the EC Treaty.

 

Article 3. Principles of State Policy of Alcohol Control

The principles of the State policy of Alcohol Control are as follows:

1) to reduce availability of alcoholic beverages through taxation;

2) to ensure through State regulation measures the State control of alcohol, protection and strengthening of the health of the population and funding of the programmes of education of minors;

3) to extend priority to production of alcoholic beverages by natural fermentation and import and sale thereof;

4) to limit promotion of the sale and consumption of alcoholic beverages;

5) to prohibit the means of promotion of buying and consumption of alcoholic beverages by youth;

6) to encourage legal persons who are engaged in alcohol business to join in implementing the State alcohol control policy;

7) to increase public information regarding the issues of the social and economic harm inflicted on health and economy through the consumption of alcohol;

8) to sponsor action programmes of health and temperance societies and thus augment the number of people who don’t consume alcoholic beverages;

9) to promote the production and sale of non alcoholic beverages;

10) to support planning of an alcohol-free living environment;

11) to promote the creation of a social environment free of alcohol;

12) to promote scientific research and dissemination of information concerning the harm caused to health by the consumption of alcohol;

13) to strengthen the cooperation with other Member States of the European Union and international organisations regarding the issues of the reduction of the consumption of alcohol.

 

CHAPTER II

PECULIARITIES OF STATE REGULATION OF PRODUCTION, SALE, BRINGING IN, IMPORT, EXPORT AND CONSUMPTION OF ALCOHOL AND OTHER PRODUCTS CONTAINING ETHYL ALCOHOL. REGULATION OF ALCOHOL PRODUCTS CLASSIFICATION, QUALITY AND PUBLIC HEALTH SAFETY REQUIREMENTS AND INDICATORS

Article 4. Peculiarities of State Regulation of Production, Sale, Bringing in, Import and Export of Alcohol products

1. Alcohol products shall be attributed to special goods the registration, production, bringing in, import, export, sale and consumption whereof shall be subject under this law and other laws and legal acts to a special state regulation regime.

2. The Ministry of Agriculture and the State Food and Veterinary Service shall be responsible for the implementation of the requirements of EU legal acts which regulate the wine sector.

 

Article 5. Peculiarities of State Regulation of Production, Sale, Bringing in, Import and Consumption of Products Containing Ethyl Alcohol

1. If the liquids (technological products, products of perfumery, cosmetic and household chemistry industry etc.), which contain ethyl alcohol are consumed as beverages which have an intoxicating effect, the Government of the Republic of Lithuania or an institution authorised by it shall have the right, based upon statistical sample survey data on the harmful consequences to health caused by consumption of these liquids, to set their accounting, production, bringing in, import, sale and consumption according to the norms prescribed by this Law.

2. Guided by this Law and other laws and legal acts the Government of the Republic of Lithuania or an institution authorised by it may set the procedure of accounting, production, bringing in, import and sale of food products which contain alcohol.

 

Article 6. Regulation of Safety and Quality Indicators of Alcohol Products

The safety and quality indicators of alcohol products produced, imported, brought in and sold in the Republic of Lithuania (hereinafter - alcohol products) by legal persons as well as branches and representations of foreign legal persons registered in the Republic of Lithuania in the established manner who, according to the laws of a foreign state, have the right to engage in economic commercial activity (hereinafter branches and representations of foreign legal persons) must conform to the requirements valid in Lithuania.

 

Article 7. Establishment of Conformity of Alcohol Products with the Requirements of Legal Acts

1. The State Food and Veterinary Service shall within the scope of its competence control the conformity of alcohol product safety and quality indicators with the requirements of the legal acts in force in the Republic of Lithuania. Laboratories confirmed by an institution authorised by the Government of the Republic of Lithuania, who have the right to issue documents certifying the conformity of alcohol products, shall test the alcohol products.

2. The State Food and Veterinary Service shall control the winemaking technologies employed in the production of wine products.

3. Should the control institutions authorised by this Law and other legal acts, in testing the samples of alcohol products taken in accordance with the set procedure, determine that these do not meet the requirements of legal acts, it shall be deemed that the entire shipment of alcohol products from which the samples have been selected does not meet these requirements and measures of market restriction established by law shall be applied.

 

Article 8. Classification of Alcoholic Beverages

 

Alcoholic beverages produced in Lithuania, imported, brought in into the Republic of Lithuania and sold there shall be distributed in-groups, subgroups and (or) categories. An institution authorised by the Government of Lithuania shall determine the groups, subgroups and (or) categories, except for those, the classification whereof is determined by directly applicable legal acts of the European Union.

 

Article 9. Labeling of Alcoholic Beverages

Alcoholic beverages sold in the Republic of Lithuania must be labelled according to the procedure set forth in legal acts.

 

CHAPTER III

RESTRICTION OF ALCOHOL AVAILABILITY

SECTION ONE

STATE REGULATION OF ALCOHOL PRODUCT PRODUCTION

Article 10. State Regulation of Home-brewed Alcoholic Beverage Production

 

Production of home-brewed alcoholic beverages shall be prohibited in the Republic of Lithuania, except for those intended for personal consumption of natural persons (i.e. not for sale, but only for meeting own or family needs), being produced naturally fermented alcoholic beverages, whose ethyl alcohol strength by volume is not over 18 per cent (for beer- no higher than 9.5 %).

 

Article 11. Peculiarities of State Regulation of Alcohol Product Production in the Republic of Lithuania

1. Ethyl alcohol, which is used in the production of alcoholic beverages, food and products having ethyl alcohol, must be produced only from agricultural products and be non-denatured. The Government of the Republic of Lithuania or an institution authorised by it shall set the criteria of recognition of ethyl alcohol as denatured.

2. Each shipment of alcohol products produced in the Republic of Lithuania must have a document certifying the conformity of these products. The State Food and Veterinary Service shall set the form of the document certifying the conformity of alcohol products and, having co-ordinated it with the Ministry of Agriculture, shall approve the laboratories which have the right to issue such documents.

 

Article 12. Granting of Right to Produce Alcohol Products

1. Production of alcohol products (except for the home-brewed alcoholic beverages referred to in Article 10 of this Law which are produced by natural persons for their own consumption) shall only be permitted for undertakings and branches of foreign legal persons (hereinafter - undertaking) registered in the Republic of Lithuania in the established manner, which hold a license issued by the State Tobacco and Alcohol Control Service under the Government of the Republic of Lithuania (hereinafter-Service) for the production of these products. Licenses shall be issued for an unlimited period

2. The license to produce alcohol products shall only be issued to those undertakings, which hold certified standard documents, which determine the safety and quality indicators of these products and also equipment and premises which meet the technological requirements, a laboratory for examining the quality of the alcohol products and personnel of necessary qualifications. An institution authorised by the Government of Lithuania shall establish the requirements of personnel qualification. Undertakings, which produce up to 100,000 decalitres of beer annually and do not have the possibility of setting up their own laboratory, shall according to contract use the services of food product quality research laboratories of other institutions and undertakings, which have been certified in accordance with established procedure.

3. The Government of the Republic of Lithuania, guided by this Law, the Civil Code of the Republic of Lithuania (hereinafter-Civil Code) and the requirements of the EU law, shall approve the licensing regulations of the production of alcohol products. Licenses to produce alcoholic beverages shall not be issued to newly founded undertakings if their founders or administration heads had been the founders, administration heads or other employees indicated in Article 34(18) of this Law of undertakings whose licenses had been revoked based upon Article 34(18) of this Law.

 

SECTION TWO

STATE REGULATION OF BRINGING IN, IMPORT AND EXPORT OF ALCOHOL PRODUCTS

Article 13. Procedure of Bringing in and Import of Alcohol Products

1. Only the undertakings which hold an import license issued by an institution authorised by the Government of Lithuania may import wine, grape must (hereinafter - wine products) and ethyl alcohol of agricultural origin.

2. Only the undertakings which have informed the institution authorised by the Government of the Republic of Lithuania about this in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it shall be permitted to import other alcohol products which have not been indicated in paragraph 1 of this Article. Having imported alcohol products, the undertakings must conform to the requirements of sale, storage and transportation set in Section two of Chapter III of this Law.

3. Undertakings shall be permitted to import alcohol products only provided that they are in possession of documents certifying conformity of the alcohol products, issued by the entities (a laboratory or any other institution or the producer of alcohol products) approved by a foreign state competent authority, in which quality and harmlessness indicators must also be presented and declared and, when importing wine products, who are in possession of the transportation document and a document containing the data of the wine product analysis. Cases when possession of these documents is not required when importing wine products shall be established in the legal acts which are in force in the Republic of Lithuania.

4. Legal persons and branches and representations of foreign legal persons shall be permitted to bringing in of alcohol products. Having brought in alcohol products, legal persons and branches and representations of foreign legal person must conform to the requirements of sale, storage and transportation, set forth in Section three of Chapter III of this Law.

 

Article 14. Procedure of Issuance of Licenses to Import Wine Products and Ethyl Alcohol of Agricultural Origin

1. An institution authorised by the Government of the Republic of Lithuania shall issue licenses to import wine products and ethyl alcohol of agricultural origin.

2. The Government of the Republic of Lithuania or an institution authorised by it shall set the regulations of the licensing of the import of alcohol products indicated in paragraph 1 of this Article, based on this Law and the requirements of the EU law.

 

Article 15. State Regulation of Export of Alcohol Products

1. Only the undertakings which hold an export license issued by an institution authorised by the Government of the Republic of Lithuania shall be permitted to export wine products and ethyl alcohol of agricultural origin.

2. The Government of the Republic of Lithuania or an institution authorised by it shall set regulations for the export of alcohol products licensing indicated in paragraph 1 of this Article, based on this Law and the requirements of the EU law.

 

SECTION THREE

STATE REGULATION OF WHOLESALE AND RETAIL TRADE IN ALCOHOL PRODUCTS

Article 16. Licenses for Wholesale and Retail Trade in Alcohol Products

 

1. Only undertakings holding licenses to engage in wholesale trade in alcohol products issued by the Service shall be allowed to engage in wholesale trade in the said products. Licenses shall be issued for an unlimited period. Licenses to engage in wholesale trade in alcohol products must among other things have a listing of the alcohol products permitted to be sold, and must indicate the groups of alcoholic beverages as well as the location of their sale and storage.

2. Undertakings holding licenses to produce alcohol products shall also have the right to engage in wholesale trade in the products they produce.

3. Only the undertakings holding licenses to engage in retail trade in alcoholic beverages shall be permitted to engage in retail trade in alcoholic beverages. Licenses shall be issued for an unlimited period by the executive institution of an appropriate municipality. Licenses to engage in seasonal retail trade in beer and alcoholic beverages, whose ethyl alcohol concentration volume, does not exceed 22 %, in resorts and other recreational and tourist areas designated by the municipal councils shall be issued for the resort, recreational and tourist season period set by the municipal councils. Onetime licenses issued to retail establishments and catering establishments to engage in sale of alcoholic beverages, whose ethyl alcohol strength by volume is not over 13 %, at public events, exhibitions and fairs, and also, to engage in the sale of all alcoholic beverages at exhibitions and fairs held in permanent buildings, shall be issued for no longer than the time of the event’s duration.

4. The municipal council shall establish the procedure of license issuance for retail trade in retail establishments and catering establishments and publish it in the mass media. The Service shall control the issuance of licenses in the municipalities.

5. The licenses to engage in retail trade in alcoholic beverages must, inter alia, also have entries indicating the groups of alcoholic beverages whose sale shall be permitted, as well as the location of sale and storage of the alcoholic beverages.

6. The Government of the Republic of Lithuania shall set the regulations of licensing wholesale and retail trade in alcohol products, based upon this Law, the Civil Code and the requirements of EU law. Newly founded undertakings shall be refused issuance of licenses for a five-year period if their founders or administration heads had been the founders or administration heads of the undertakings whose licenses were revoked based upon Article 34(17) of this Law. Licenses shall not be issued to newly founded undertakings, if their founders or administration heads had been the administration heads or founders or other employees, listed in Article 34(18) of this Law, of the undertakings whose licenses were revoked according to Article 34(18) of this Law.

 

Article 17. Requirements of Sale, Storing and Transportation of Alcohol Products

1. It shall be prohibited to sell in the Republic of Lithuania:

1) alcohol products without possessing documents certifying the conformity of the products according to the procedure established by the Government of the Republic of Lithuania or an institution authorised by it;

2) alcohol products not recorded on the licenses for the production, import and sale thereof, and alcohol products without holding at the place of their sale/storage a copy of mandatory legally valid documents of product acquisition or transportation;

3) alcoholic beverages (except for beer and naturally fermented cider of not more than 8.5 % ethyl alcohol strength by volume), which are not labelled with special marks - tax stamps according to the procedure established by the Government of the Republic of Lithuania;

4) alcoholic beverages, which have been produced using ethyl alcohol of non-agricultural origin;

5) alcohol products whose safety and/or quality indicators do not meet the requirements in force in the Republic of Lithuania;

6) alcoholic beverages, whose labelling does not meet the requirements in force in the Republic of Lithuania;

7) counterfeit alcohol products;

8) home-brewed alcoholic beverages;

9) ethyl alcohol for natural persons, except for non-denatured ethyl alcohol of agricultural origin, sold in pharmacies to natural persons in accordance with the procedure established by the Ministry of Health;

10) contraband alcohol products;

11) alcohol products without holding a license issued according to the procedure established by the Government of the Republic of Lithuania.

2. Legal persons and branches and representations of foreign legal persons shall be prohibited from storing and transporting in the Republic of Lithuania:

1) alcohol products without having documents certifying the conformity of the alcohol products in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it;

2) alcohol products, which are not recorded on the licenses for the production, import, sale thereof and alcohol products without holding a copy of mandatory legally valid documents for the acquisition or transportation of these products at the sales outlet (at the place of storage or keeping) and/or during the transportation thereof;

3) alcoholic beverages (except for beer and naturally-fermented cider of not more than 8.5 % ethyl alcohol strength) not labeled with special marks - tax stamps according to the procedure established by the Government of the Republic of Lithuania;

4) alcoholic beverages, which are produced using ethyl alcohol of non-agricultural origin;

5) alcoholic beverages, whose labelling does not meet the requirements in force in the Republic of Lithuania;

6) counterfeit alcoholic beverages;

7) home-brewed alcoholic beverages;

8) contraband alcohol products;

9) alcohol products without holding a license issued in accordance with the procedure established by the Government of the Republic of Lithuania for alcohol product production, import and wholesale or retail trade, except for the cases set forth in paragraph 3 of this Article.

3. The requirements of sub-paragraph 9 of paragraph 2 of this Article shall not apply to:

1) alcoholic beverages which are stored or transported by undertakings which use these beverages as food product raw materials, also legal persons and branches and representations of foreign legal persons, which have acquired alcoholic beverages for representational purposes in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it;

2) dehydrated and denatured ethyl alcohol, which is used for the production of fuel or fuel compounds with ethyl alcohol which conform to technical regulations or standards, as well as ethyl alcohol which is stored and transported by undertakings which have the right to import ethyl alcohol and undertakings, institutions and organisations, which have permits issued according to the procedure established by the Government of the Republic of Lithuania and are using ethyl alcohol in production, for technical, medical, veterinary needs or for scientific research operations;

3) raw materials stored and transported by undertakings which have the right to import raw materials as well as undertakings which use cider, grape, fruit and berry wine raw materials to produce vinegar;

4) alcoholic solutions stored and transported by undertakings which have the right to import alcoholic solutions, undertakings which use alcoholic solutions for production purposes as well as undertakings which engage in retail trade in alcoholic solutions bottled in disposable packaging of not more than 20 millilitres;

5) alcohol products which are stored or transported by persons providing transport services and economic entities of the states belonging to the European economic area, who are in possession of the mandatory legally valid documents of the acquisition or transportation of these products.

4. For natural persons the procedure of storing and transportation of alcohol products shall be established by the Government of the Republic of Lithuania or an institution authorised by it.

 

5.Undertakings which hold licenses to produce alcohol products, engage in wholesale trade in such products or engage in retail sale of alcoholic beverages shall be prohibited from authorising other persons to engage in the activities indicated in the license or to transfer this right to other persons under a contract.

 

6.Undertakings which hold licenses to engage in wholesale trade in alcoholic beverages shall be permitted to acquire them in the Republic of Lithuania only from undertakings which have licenses to produce alcoholic beverages, licenses to engage in wholesale trade in them, and to sell them to undertakings which hold licenses to engage in wholesale or retail trade in them, licenses to export wine products as well as, in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it, to legal persons, branches and representations of foreign legal persons purchasing alcoholic beverages for representational needs, to economic entities of other states belonging to the European economic area and to foreign state diplomatic missions, consular posts and representations of international organisations accredited with the Foreign Affairs Ministry of the Republic of Lithuania.

 

7. Undertakings which hold licenses to engage in retail trade in alcoholic beverages shall be permitted to acquire them in the Republic of Lithuania only from undertakings, which hold licenses to produce alcoholic beverages or licenses to engage in wholesale trade in them, and shall only be permitted to sell them to natural persons for their personal, family or household needs not related to business or profession and also, in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it, to legal persons, to branches and representations of foreign legal persons, which are purchasing alcoholic beverages for representational needs, and to foreign state diplomatic missions, consular posts and representations of international organisations accredited with the Foreign Affairs Ministry of the Republic of Lithuania.

8. Undertakings which hold licenses to produce alcoholic beverages shall be permitted to sell them to:

1) undertakings which hold licenses to engage in wholesale or retail trade in alcoholic beverages and licenses to export wine products;

2) undertakings which use these beverages as raw materials of food products;

3) legal persons, branches and representations of foreign legal persons, who purchase alcoholic beverages for representational needs in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it and foreign diplomatic missions, consular posts and representations of international organisations accredited with the Ministry of Foreign Affairs of the Republic of Lithuania;

4) economic entities of other states belonging to the European Economic Area.

9. Undertakings which hold licenses to produce ethyl alcohol or engage in wholesale trade therein shall be permitted to sell it to:

1) institutions and organisations which use ethyl alcohol for production, technical, medical, veterinary needs and in scientific operations, according to the procedure established by the Government of the Republic of Lithuania;

2) undertakings which hold licenses to engage in wholesale trade therein and licenses to export ethyl alcohol of agricultural origin;

3) economic entities of other states belonging to the European Economic Area.

10. Undertakings which have licenses to produce raw materials or engage in wholesale trade therein shall be permitted to sell them to:

1) undertakings, which hold licenses to produce alcohol products, licenses to engage in wholesale trade in raw materials and licenses to export wine products;

2) undertakings, using cider, grape, fruit and berry wine raw materials in the production of vinegar;

3) economic entities of other states belonging to the European Economic Area.

11. Undertakings which hold licenses to produce alcoholic solutions or to engage in wholesale trade therein shall be permitted to also sell them (bottled in disposable containers of more than 20 millilitres to:

1) undertakings using alcoholic solutions for production needs;

2) undertakings which hold licenses to engage in wholesale trade in alcoholic solutions;

3) economic entities of other states belonging to the European Economic Area.

12. Undertakings which hold licenses to produce alcohol products and licenses to engage in wholesale trade therein shall also be permitted to export these products (exportation of wine, grape must and ethyl alcohol of agricultural origin shall be permitted only possessing an export license).

 

 

Article 18. Procedure of Sale of Alcoholic Beverages in Retail Establishments and Catering Establishments

 

1. In the Republic of Lithuania it shall be permitted sell:

1) alcoholic beverages at permanent specialised alcoholic beverages retail establishments, specialised alcoholic beverages retail divisions of permanent retail establishments, permanent catering establishments, in general sections of permanent petrol stations and retail establishments located in rural settlements, international trains, narrow-gauge railway trains and ships, which have separate catering places, at exhibitions and fairs which are held in permanent buildings;

2) bottled by the plant naturally-fermented cider (whose ethyl alcohol strength by volume is not more than 8.5 %) and beer in kiosks, temporary petrol stations, pavilions, automobile-shops (which serve the rural population according to the procedure established by the municipal council) and in general sections of permanent retail establishments;

3) alcoholic beverages, whose ethyl alcohol strength by volume is not more than 22 %, in temporary catering establishments during the resort, recreational and tourist season period set by the municipal councils;

4) alcoholic beverages, whose ethyl alcohol strength by volume is not more than 13 %, at mass events, exhibitions and fairs.

2. It shall be permitted to engage in retail trade in alcoholic beverages in retail establishments and catering establishments established in multi-family dwellings, according to the procedure established by the Law on of the Republic of Lithuania, “On the Associations of Multi-Family Apartment House Owners” and Resolution of the Seimas of the Republic of Lithuania of February 23, 1995, No. I-808, “On the Implementation of the Law of the Republic of Lithuania “On the Associations of Multi-Family Apartment House Owners.”
3. In the Republic of Lithuania, sale of alcoholic beverages shall be prohibited:

1) in places of confinement, premises housing military and equated services, police and other statutory, healthcare, education institutions and their areas (except for the catering establishments set up in sanatoriums, where the municipal council may permit to sell alcoholic beverages), also, near these institutions and houses of prayer (at a distance set by the municipal council having accordingly agreed it with the heads of these institutions and religious communities);

2) in retail establishments in which the amount of goods intended for children and adolescents comprises 50 or more percent of the turnover of the retail goods;

3) at mass events, exhibitions and fairs (except for the alcoholic beverages, whose ethyl alcohol strength by volume does not exceed 13 % and alcoholic beverages, sold at exhibitions and fairs taking place in permanent buildings);

4) from vending machines;

5) to persons younger than 18 years of age;

6) at temporary retail establishments and catering establishments. This prohibition shall not apply to alcoholic beverages sold on international trains, narrow-gauge railway trains and ships which have separately set up catering places, at exhibitions and fairs held in permanent buildings, and also in the cases listed in sub-paragraphs 2-4 of paragraph 1 of this Article;

7) at retail establishments, catering establishments and kiosks, set up in the warehouses of wholesale establishments and importers, in which wholesale trade in alcoholic beverages is carried on;

8) at retail establishments which are not totally isolated from the living or other quarters not connected with the organisation of sale or stocking of goods;

9) during sport competitions. This prohibition shall not apply to alcoholic beverages, whose ethyl alcohol strength by volume does not exceed 6 %.

4. It shall be prohibited in the Republic of Lithuania to sell:

1) alcoholic beverages on tap. This prohibition shall not apply to alcoholic beverages, which are being sold at permanent catering establishments, at exhibitions and fairs taking place in permanent buildings, international trains, narrow-gage railway trains and ships, which have separately set up catering places, alcoholic beverages, (whose ethyl alcohol strength by volume does not exceed 22 %), which are being sold at temporary catering establishments, during the for the resort, recreational and tourist season period set by the municipal council, and also beer and naturally-fermented cider on tap sold in the company shops of the production undertakings, beer and naturally-fermented cider on tap (whose ethyl alcohol strength by volume does not exceed 6 %) sold at mass events, exhibitions and fairs;

2) alcoholic beverages to intoxicated persons;

3) alcoholic beverages to persons under 18 years of age.

5. The salespersons of alcoholic beverages shall have the right, and when doubts shall arise that a person is younger then 18 years of age, must require from the person purchasing alcoholic beverages to show a document indicating his age. Should such a person fail to show a document indicating his age, the alcoholic beverage salespersons must refuse to sell him alcoholic beverages.

6. Purchasers of alcoholic beverages shall have the right to obtain thorough, correct, accurate and transparent information concerning the goods being purchased.

7. The Government of the Republic of Lithuania the shall approve the regulations of the sale of alcoholic beverages at catering and retail undertakings, including tax-free shops, in accordance with this Law and the Civil Code.

8. Municipal councils shall have the right to restrict or prohibit the sale of alcoholic beverages on official holidays and mass event days.

CHAPTER IV

 

 

REDUCTION AND CONTROL OF ALCOHOLIC BEVERAGE CONSUMPTION

 

 

 

SECTION I

 

 

 

 

 

ORGANISATIONAL MEASURES TO REDUCE GENERAL CONSUMPTION OF ALCOHOL

 

 

Article 19. Planning of Reduction in General Consumption of Alcohol

 

 

 

Long-term indicators of the reduction in general consumption of alcohol must be established in the programme of the Government of the Republic of Lithuania.

 

 

 

Article 20. Statistics of Harm Caused to Health and Economy through the Consumption of Alcohol products

 

 

 

1. Monitoring of the harm caused to health and the economy by the consumption of alcohol and the economic damage caused by it to health and economy is being conducted in the Republic of Lithuania according to the procedure established by the Government of Lithuania and co-ordinated with the National Health Council.

 

2.The Law on Statistics of the Republic of Lithuania establishes the principles of organising selective statistical research on alcohol consumption and the damage caused by it to health and economy.

 

 

Article 21. Peculiarities of Determination of Minimum Standard of Living

 

It shall be prohibited to include alcoholic beverages in the minimum assortment of food products and non-food products and services in order to estimate the minimum standard of living.

 

 

Article 22. Restriction of Alcoholic Beverage Consumption

 

 

 

In the Republic of Lithuania consumption of alcoholic beverages shall be prohibited in:

 

1) places of confinement, premises housing military and equated services, police and other statutory, healthcare, education institutions and areas thereof (except for the catering establishments set up in sanatoriums, in which the municipal council may allow the sale of alcoholic beverages);

2) State government and administration institutions, except for official receptions and other functions involving protocol. This provision shall not apply to catering establishments set up in these institutions, which have licenses to engage in retail trade in alcoholic beverages;

3) all types of public transport, except international trains, narrow-gauge railway trains and ships, which contain separate catering establishments, and also planes, flying beyond the borders of the Republic of Lithuania;

4) in public places, except catering establishments having licenses to engage in retail trade in alcoholic beverages, and at exhibitions, fairs and mass events, where undertakings have been issued licenses in the established manner by the municipal councils for the sale of alcoholic beverages.

 

 

Article 23. Provision of Information to the Public about Alcohol, about the Damage to Health and the Economy Caused by Consumption thereof

 

1.The Ministry of Education and Culture must draft health promotion programmes in all general education schools and other educational institutions and include health issues in newly published textbooks.

2. All educational institutions having co-ordinated with the Ministry of Health must include in programmes of education some information on alcoholic beverages, the damage caused by them to health and economy, and also regarding the creation of a favourable to the health environment, barring the way to the damage occasioned through the consumption of alcohol and on the promotion of a healthy life style.

3. Lithuanian National Radio and Television must transmit broadcasts, which propagate a healthy lifestyle and provide information regarding the damage caused through the consumption of alcohol, and the broadcast must be transmitted at least twice weekly and for at least 5 minutes from 18:00 to 22.30 hrs.

 

 

Article 24. Programme of Alcohol Control

 

 

 

1. The Government of the Republic of Lithuania shall draft, approve and implement the State programme of alcohol control.

 

2. The implementation measures of the State programme of alcohol control shall be funded from the State Budget and from approved general subsidies and other funds, in the State Investment Programme for corresponding ministries, State institutions and other economic entities, responsible for the implementation of the programme.

3. The municipals draft, approve, fund and implement programmes of alcohol control

4. Other natural and legal persons may draft also other alcohol control programmes and submit proposals regarding their drafting and implementation to the Government of the Republic of Lithuania, National Health Council and other institutions which form and implement the State alcohol control policy.

 

 

Article 25. Sponsorship of Action Programmes of Temperance Organisations

 

The programmes of temperance organisations shall be sponsored according to the established procedure as follows:

1) from the State Budget and from municipal budget funds;

2) by natural and legal persons in accordance with the procedure set forth in the Law on Charity and Sponsorship of the Republic of Lithuania;

3) from other funds.

 

 

SECTION TWO

 

 

 

RESTRICTION OF ALCOHOL ABUSE

 

 

 

Article 26. Procedure of Insobriety (Drunkenness) Control

 

1. Persons driving vehicles in the Republic of Lithuania may be tested for insobriety (drunkenness) and the amount of alcohol in the blood. Employers must ensure, that prior to a journey verification be done to see whether their employees, who drive the vehicles of undertakings, institutions and organisations, are sober (not drunk).

2. The Government of the Republic of Lithuania or an institution authorised by it shall establish the procedure for determining insobriety (drunkenness) control of persons driving/piloting means of transport and of other persons, the permitted maximum concentration of ethyl alcohol in the expelled breath, in blood and other body fluids of persons while driving/piloting ground, water and air means of transport in the Republic of Lithuania.

Article 27. Organisation of Narcological Supervision

1. Narcological supervision shall be performed in accordance with the procedure established by the “Law on Narcological Supervision,” other laws and legal acts.

2. Persons who have alcohol poisoning may be detoxified in personal healthcare institutions according to the procedure set forth in laws and other legal acts. The police may bring such persons by force to the personal healthcare institutions only in the cases, when they may bring harm to their own health and life or that of the people around them, by their actions (or failure to act).

3. The competence of persons, who exhibit the alcohol dependency syndrome, may be restricted in cases defined by law.

 

 

SECTION THREE

 

RESTRICTION OF PROMOTION OF SALE AND ADVERTISING OF ALCOHOLIC BEVERAGES

 

 

Article 28. Restriction of Promotion of Alcoholic

Beverage Sales

1. For undertakings having the right to sell alcoholic beverages it shall be prohibited to employ the following means of promoting alcoholic beverage sales:

1) to give alcoholic beverages as a premium, an addition to goods or as a present;

2) to apply fixed discounts to those possessing coupons printed in mass media offerings;

3) to organise dissemination of alcoholic beverage samples free of charge, except for tasting sessions at exhibitions and fairs;

4) to organise retail sale entity competitions in order to promote alcoholic beverage sales;

5) to sell specialized advertising publications, published in the Republic of Lithuania or abroad, and brought into the Republic of Lithuania, with the intention of promoting the sale of alcoholic beverages.

2. It shall be prohibited to invite as assistants in promotion campaigns persons under 18 years of age.

 

Article 29. Restriction of Alcohol Advertising

1. Alcohol advertising of all forms shall be prohibited in the Republic of Lithuania if it:

1) aims at children and adolescents up to 18 years of age;

2) features persons under 18 year of age in promotion campaigns;

3) has among participants athletes, doctors political figures and persons famous in art and science circles, and other famous public figures participate in, and their person or uses their person, name, picture, etc.;

4) links consumption of alcohol with improvement in physical condition;

5) links consumption of alcohol with driving;

6) links consumption of alcohol with physical activity improvement, personal problem resolution;

7) links consumption of alcohol with stimulating, sedating and other beneficial characteristics;

8) links consumption of alcohol with social success and sexual energy;

9) favourably portrays immoderate consumption of alcoholic beverages or negatively responds to abstinence or moderation;

10) presents greater ethyl alcohol strength by volume as an advantage of alcoholic beverages

11) presents false and (or) deceptive information about alcoholic beverages.

2 Alcohol advertising shall be prohibited:

1) on the outside covers of newspapers and independent supplements thereof, also outside covers of journals and books

2) in newspapers, journals, books television and radio programmes aimed at children and adolescents;

3) in programmes (except direct or continuous broadcasts being rebroadcast from abroad) of radio and television stations, cable radio and cable television stations registered in the Republic of Lithuania, being broadcast and rebroadcast from 15:00 to 22:30 hours, and Saturdays, Sundays and school holidays from 8 o’clock to 22:30 hours (except for advertising of alcoholic beverages whose ethyl alcohol strength by volume does not exceed 22 %);

4) at concerts, circus, discotheques, youth sport and leisure time events, other mass events, theatre presentations, movie and video film demonstration locations, except for retail outlets located at sites of such events. At mass events (except for events intended for children and adolescents of up to 18 years of age) the name and (or) trade mark of the undertaking which is sponsoring the event and is the producer and seller of alcoholic beverages whose sales are permitted at mass events, may also be displayed provided that by their content and form they do not contradict the requirements of legal acts;

5) at education, science and training institutions;

6) at all healthcare institutions;

7) inside and outside of public transportation vehicles;

8) at petrol stations and areas thereof, except for alcohol retail outlets located there;

9) on postcards, envelopes and postage stamps.

3. It shall be prohibited to give out alcoholic beverages as prizes or along with them, at lotteries, games and contests.

4. Outdoor alcohol advertising, except for beer and naturally fermented wine and cider shall be prohibited in the Republic of Lithuania.

5. In outdoor advertising of beer and naturally fermented wine and cider (except in cases when only the names and (or) trademarks of the undertakings which produce or sell the alcoholic beverages are displayed on outside advertising) a warning inscription must appear regarding the harmful effect of alcohol upon health. The Ministry of Health shall determine the form and content of this text and its place in advertising.

6. Information about alcoholic beverages in information announcements which are intended only for specialists engaged in alcohol business and also the registered names of undertakings which produce or sell alcoholic beverages (if the name of the producer of alcoholic beverages is an integral part of the registered name of these undertakings) and trademarks, when these names and trademarks are displayed on signboards on the headquarters of these undertakings or branches thereof and on the transport vehicles of the undertakings shall not be treated as advertising.

7. Compliance with the requirements set in this Article shall be controlled by the Service (except for violations in mass media), municipal institutions (violations of prohibitions in outdoor advertising), and the National Consumer Rights Protection Board(violations in the mass media).

 

CHAPTER V

 

COMPETENCE OF STATE ALCOHOL CONTROL MANAGEMENT INSTITUTIONS

Article 30. System of Formulating State Alcohol Control Policy

The Seimas of the Republic of Lithuania, the Government of the Republic of Lithuania, the National Health Council, municipal councils shall within the scope of their competence formulate and co-ordinate the State alcohol control policy. Their authorisation in the area of alcohol control shall be established by this and other laws and legal acts.

Article 31. System of Executive Institutions in State Alcohol Control Policy

The ministries, the Service and other State institutions, municipal executive institutions, police, and healthcare institutions shall within the scope of their competence carry on State alcohol control. Their competence within the area of alcohol control shall be established by this and other laws and legal acts.

Article 32. State Tobacco and Alcohol Control Service

The Law on the Health System of the Republic of Lithuania, this Law and Regulations of the Service approved by the Government of the Republic of Lithuania, shall establish the competence of the Service.

CHAPTER VI

PROCEDURE FOR HOLDING A PERSON LIABLE FOR THE VIOLATION OF THIS LAW AND FOR INSTITUTING PROCEEDINGS

 

 

Article 33. Administrative Liability for Violations of this Law

 

1. For violations of this Law natural persons shall be held administratively liable.

2. Contraband, counterfeit alcohol products, alcoholic beverages without special tax stamps, which are sold, held in stock and transported in the Republic of Lithuania and also alcohol products, which do not meet the quality requirements in force in the Republic of Lithuania, or the acquisition whereof is not certified by legally valid documents, shall be confiscated in accordance with the Code of the Republic of Lithuania of Administrative Offences (hereinafter-Code of Administrative Offences).

3. Confiscated alcohol products shall be destroyed or used in the production of bio-fuels in accordance with the procedure established by the Government of Lithuania or an institution authorised by it.

Article 34. Application of Economic Sanctions for Violations of the Law

1. The Service, the National Consumer Rights Protection Board, the State Food and Veterinary Service, State Tax Inspectorate under the Ministry of Finance (hereinafter- Sate Tax Inspectorate), local State tax inspectorates, institution authorised by the Government to issue licenses for the import and export of wine and ethyl alcohol of agricultural origin on legal persons and branches of foreign legal persons for violations of this Law and the institution authorised by the Government of the Republic of Lithuania, which must be informed about the import of alcohol products (except for wine products and ethyl alcohol of agricultural origin), municipal institutions and the police shall have the right to impose, within the scope of their competence, fines for violations of this Law,

2. For the production and sale of alcohol products which do not conform to the safety and quality requirements in force in the Republic of Lithuania, import and export of wine products and ethyl alcohol of agricultural origin, production, stocking, transportation and sale of alcohol products without possessing an appropriate license for this activity, import of alcohol products (except wine products and ethyl alcohol of agricultural origin) if the institution authorised by the Government of the Republic of Lithuania is not informed according to the procedure established by the Government of the Republic of Lithuania or the institution authorised by it, also for the failure to comply with the requirements of the sale, stocking and transportation of alcohol products set in Article 17(1,2,5,11) of this Law, legal persons and branches and representations of foreign legal persons shall be imposed a fine in the amount from LTL 1000 to LTL 80 000.

3. For failure to comply with the requirements set forth in paragraphs 1, 3 and sub-paragraphs 1 and 2 of paragraph 4 of Article 18 of this Law undertakings shall be imposed a fine in the amount from LTL 500 to LTL 2000 and for repeated noncompliance with the said requirements committed within five years from the imposition of the fine, from LTL 2000 to LTL 5000.

4. For failure to comply with the requirement of sub-paragraph 3 of paragraph 4 of Article 18, undertakings shall incur a fine in the amount from LTL 1000 to LTL 3000.

5. For failure to comply with the requirements of Article 28 of this Law undertakings shall incur a fine in the amount from LTL 1000 to LTL 10 000, and for each repeated noncompliance with the same requirement committed during a five-year period from the imposition of the fine, in the amount from LTL 10 000 to LTL 20 000.

6. For failure to comply with the requirements of Article 29 of this Law legal persons and branches and representations of foreign legal persons shall be imposed a fine in the amount from LTL 1000 to LTL 10 000, and for each repeated violation of that same requirement committed within five years from imposition of the fine, in the amount from LTL 10 000 to LTL 20 000.

7. The specific amount of an imposed fine shall be set by taking into account the extenuating and aggravating circumstances indicated in paragraphs 8 and 9 of this Article. If there are any extenuating circumstances present, the amount of the fine shall be reduced from the average to the minimum, and in the presence of any aggravating circumstances the fine shall be increased from the average to the maximum amount. If there are both extenuating and aggravating circumstances present, the fine shall be imposed taking into account their amount and significance. The reduction or increase of the amount of the fine shall be substantiated in the decision by the institution imposing the fine for non-observance of the regulations established in this Law.

8. The fact that, having committed a violation, legal persons and branches and representations of foreign legal persons have voluntarily barred the way of the harmful consequences of the violation, assisted competent institutions in the course of the investigation, compensated for losses or eliminated the caused damage shall be treated as extenuating circumstances. The institution which imposes the penalty may also recognise other circumstances which have not been indicated in this paragraph as extenuating.

9. The fact that legal persons and branches and representations of foreign legal persons hindered the investigation, concealed the committed violation, continued to violate the requirements of this Law ignoring the instruction of a competent institution to terminate the illegal actions shall be treated as aggravating circumstance.

10. Fines for the production and sale of alcohol products which do not conform to the safety and quality requirements and for failure to comply with the requirements established in sub-paragraphs 1, 4, 5 and 6 of paragraph 1 and sub-paragraphs 1, 4, 5 of paragraph 2 of Article 17 of this Law shall be imposed by the State Food and Veterinary Service.

11. Fines for failure to comply with the requirements of sub-paragraphs 2, 3, 7-11 of paragraph 1 and sub-paragraphs 2, 3, 6-9 of paragraph 2, paragraphs 5-11 of Article 17 of this Law, paragraphs 1, 3 and 4 of Article 18, shall be imposed by the Service and the police. The heads of police institutions or persons authorised by the police shall have the right to impose fines on behalf of the police.

12. Fines for failure to comply with the requirements of sub-paragraphs 2, 3, 7, 9-11 of paragraph 1, sub-paragraphs 2, 3, 6, 8 and 9 of paragraph 2 and paragraphs 5-11 of Article 17, paragraph 1, sub-paragraphs 6-8 of paragraph 3, sub-paragraph 1 of paragraph 4 of Article 18 shall be imposed by the State Tax Inspectorate and territorial State Tax Inspectorates.

13. Fines for the production of alcohol products without a license required for this activity and for failure to comply with the requirements set in sub-paragraph 6 of paragraph 1, sub-paragraph 5 of paragraph 2 of Article 17 and in Article 28 of this Law shall be imposed by the Service.

14. Fines for non-compliance with the requirements set in Article 29 of this Law shall be imposed by the Service (except for advertising violations in the mass media), the municipal institutions (for violations in outdoor advertising) and the National Consumer Rights Protection Board (for advertising violations in the mass media).

15. An institution authorised by the Government of the Republic of Lithuania shall impose fines for importing and exporting wine products and ethyl alcohol of agricultural origin without possessing a license for such activity.

16. Fines for importing alcohol products (except for wine products and ethyl alcohol of agricultural origin), if the institution authorised by the Government of the Republic of Lithuania is not informed of this according to the procedure established by the Government of the Republic of Lithuania or an institution authorised by it, shall be imposed by the institution which must be informed about the import of these alcohol products.

17. For undertakings, having licenses to engage in wholesale or retail trade in alcohol products which do not comply with the requirements of sub-paragraphs 1, 2, 4, 5, 8 and 9 of paragraph 1 and sub-paragraphs 1, 2, 4 and 7 of paragraph 2 of Article 17 of this Law, the licenses shall be revoked and new licenses shall not be issued for five years from the day of the revocation of the licenses.

18. The licenses shall be revoked and licenses shall not be reissued to undertakings, if a judgment of conviction has become effective or a judgement or a decision of the court, a decision of the customs, the tax inspectorate, the police or the Service concerning the imposition of a fine or penalty has become effective in respect of them or in respect of the heads of their administration or other employees (if they have acted on behalf of the undertaking or in its interests) for contraband of alcohol products, unlawful stocking, transportation or sale of alcoholic beverages without tax stamps and also for sale, transportation or stocking of counterfeit alcohol products.

19. An undertaking possessing a license to engage in retail trade in alcoholic beverages (except for the undertakings indicated in paragraph 20 of this Article) which within one year from the imposition for the first time of a fine for violation of the requirement set in subparagraph 3 of Article 18(4) of this Law repeatedly commits a violation of the said requirement in the same sales outlet shall have its license revoked in the sales outlet where violations have been previously determined and a new license shall not be reissued for one year from the day of revocation of the license.

20. The undertakings which are engaged in the sale of alcoholic beverages at mass events, exhibitions and fairs and which violate the requirement of sub-paragraph 3 of Article 18(4) of this Law shall be refused for one year from the day of establishment of the violation the issue of a one-time license to engage in retail trade in alcoholic beverages at mass events, exhibitions and fairs held in the municipality where the violation was established.

21. Revocation of licenses shall not relieve undertakings from the payment of fines established in paragraphs 2, 3, 4, 5, and 6 of this Article, imposed on the undertakings.

Article 35. Record of Law Violations and Time Limits of Hearing of the Cases

1. The employees (officers) of the control institutions indicated in

Article 34(1) of this Law, who have the authorisation for this, having determined that the requirements of this Law have been violated, shall draw up a record of the content set forth in the Code of Administrative Offences.

2. The institutions indicated in Article 34(1) of this Law shall hear the cases and impose fines within one month from the day of the establishment of a violation.

Article 36. Participants in the Proceedings

1. The following shall participate in the proceedings regarding the violations indicated in Article 34 of this Law:

1) a person, suspected of violating this Law;

2) other economic entities according to a decision by the institutions indicated in Article 34(1) of this Law, with whose interests the case being heard is linked;

3) State administration and municipal institution representatives upon their request;

4) experts and specialists and other persons on the decision of the

institutions indicated in Article 34(1) of this Law.

2. The persons indicated in sub-paragraphs 1 and 2 of paragraph 1 of this Article shall be hereinafter referred to as parties to the proceedings.

3. Representatives authorised by the parties may represent them in the proceedings.

 

Article 37. Notification Regarding Proceedings

The parties to the proceedings shall be given written notification regarding the established violations of this Law, the time and place of the hearing of the case and shall also be offered access to the case material and requested to present written explanations.

 

Article 38. Hearing of Case

1.The case shall be heard in the presence of the parties to the proceedings and other participants in the proceedings.

2. During the hearing of the case the parties shall have the right to familiarise themselves with the collected material, give oral and written explanations, present evidence, lodge applications.

3. If the parties to the proceedings do not participate in the hearing of the case, the case may only be heard in those instances, when information is available, that the parties to the proceedings have been informed in due time of the place and time of the hearing of the case.

 

Article 39. Decisions Adopted upon the Hearing of the Case

1.The institutions indicated in of Article 34(1) of this Law, having heard the case, shall have the right to adopt a decision to:

1) apply the economic sanctions established by this Law;

2) refuse to apply economic sanctions, when there are no grounds established by this Law;

3) terminate the case, when a violation of this Law does not exist;

4) return the case for additional investigation.

2. A decision shall be adopted following the hearing of the case. It must indicate: the name of the institution which has adopted the decision; the date and place of the case hearing; information regarding the violator; circumstances of the violation; proof of the violator’s guilt on which the decision is based, the Article of this Law, which establishes liability for the violation; the explanations of the violator and the assessment thereof; the adopted decision; the terms and procedure of the appeal against the decision;

3. The decisions of the institutions indicated in Article 34(1) of this Law shall be delivered to persons in respect of whom such decisions have been adopted within two working days from their adoption.

 

Article 40. Exaction of Fines

1. Fines must be paid into the State Budget and in instances, when the fines are imposed by municipal executive institutions, into the budget of the municipality which imposed the fine, no later than within one month of the day, when the decision to impose a penalty was delivered to the persons who violated this Law.

2. Bailiffs shall collect the unpaid fines enforcing the decisions of the institutions indicated in Article 39 of this Law in accordance with the procedure established by the Code of Civil Procedure of the Republic of Lithuania. Decisions may be referred for enforcement no later than within 3 years of the day of adoption thereof.

 

Article 41. Appeal against Decisions regarding Application of Economic Sanctions

1. Economic entities, which object to the decisions, of the institutions indicated in Article 34(1) of this Law regarding application of economic sanctions shall have the right to appeal against the decision to the court within a month’s period from the delivery of the decision to them according to the procedure established by the Law on Administrative Proceedings of the Republic of Lithuania.

2. A court appeal shall suspend the implementation of the decisions of the institutions indicated in Article 34(1) of this Law regarding the application of economic sanctions.

 

Article 42. Disputes about Violations of this Law

1. Disputes about violations of this Law shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.


Annex to the Law of the Republic

of Lithuania on Alcohol Control

 

LEGAL ACTS OF THE EUROPEAN UNION WITH WHICH THE LAW OF REPUBLIC OF LITHUANIA ON ALCOHOL CONTROL HAS BEEN HARMONISED

 

The Law of the Republic of Lithuania on Alcohol Control is harmonised with the following legal acts of the European Union:

1) Council Directive of 3 October 1989 on the coordination of certain provisions laid down by law, regulation of administrative action in Member States concerning the pursuit of television broadcasting activities, 89/552/EEC (with the latest amendments, enacted on 30 June 1997 in the Directive of the European Parliament and Council 97/36/EC).

2) Council Regulation (EEC) of 29 May 1989 No 1576/89, laying down general rules on the definition, description and presentation of spirit drinks (with the latest amendments, enacted on 22 December 1994 in the Council and European Parliament Regulation (ECN) No 3378/1994);

3) Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (with the latest amendments, enacted in Council Regulation (EC) No 2585/2001 of 19 December 2001);

4) Commission Regulation (EC) No 1622/2000 of 24 July 2000 laying down certain detailed rules for implementing Regulation (EC) No 1493/1999 on the common organisation of the market in wine and establishing a Community code of oenological practices and processes (with the latest amendments, enacted in Commission Regulation No 2244/2002 of 16 December 2002);


Article 2. Recommendations
to the Government of the Republic of Lithuania

The Government of the Republic of Lithuania shall by 15 April 2004 approve the legal acts necessary for the implementation of this Law or authorise other institutions to do this.

 

Article 3. Entry into Force of the Law

The Law shall enter into force as of 1 May 2004.

 

I promulgate this Law passed by the Seimas of the Republic of Lithuania.

 

PRESIDENT OF THE REPUBLIC ROLANDAS PAKSAS




OFFICIAL TRANSLATION

 

 

 

REPUBLIC OF LITHUANIA

LAW ON TOBACCO CONTROL

 

20 December 1995 No I-1143

Vilnius

 

(As amended on 15 June 2006 – No X-699)

 

 

CHAPTER I

GENERAL PROVISIONS

 

Article 1. Purpose of the Law

1. This Law shall regulate relations incidental to the growing of tobacco, the manufacture, marketing, storage, transportation, entry, import, advertising, consumption, promotion and sponsorship of the purchase and/or consumption of tobacco products and shall also establish the framework for state control of tobacco in the Republic of Lithuania.

2. Taking account of the fact that individual and public health constitute one of the most important values of society, this Law shall have the objective of reducing the consumption of tobacco products in the Republic of Lithuania, their accessibility (particularly to minors) and harmful effects of their use on human health and the economy.

3. Tobacco products shall be attributed to specific products, the manufacture, marketing, entry, import, advertising and consumption of which (including other tobacco product-related activities), is subject to a special state legal regulation under this and other laws and legal acts.

4. The provisions of this Law shall be in compliance with the EU legal acts listed in the Annex.

 

Article 2. Definitions

1. “Tobacco” shall refer to the genus Nicotiana (Nicotiana tabacum, Nicotiana rustics and other species) of the Solanaceae family, whether genetically modified or not, as well as the leaves and other parts of the tobacco plant.

2. “Tobacco products” shall mean products for the purposes of smoking, sniffing, sucking or chewing, inasmuch as they are, even partly, made of tobacco, whether genetically modified or not.

3. “Tobacco for oral use” shall mean all products for oral use, except those intended to be smoked, made wholly or partly of tobacco, whether genetically modified or not.

4. “Tar” shall mean the raw anhydrous nicotine-free condensate of smoke.

5. “Nicotine” shall mean nicotinic alkaloids.

6. “Ingredient” shall mean any substance or any constituent except for tobacco leaf and other natural or unprocessed tobacco plant parts used in the manufacture or preparation of a tobacco product and still present in the finished product, even if in altered form, including paper, filter, inks and adhesives.

7. “Advertising of tobacco products” shall mean any form of commercial communications with the aim or direct or indirect effect of promoting a tobacco product.

8. “Surreptitious advertising of tobacco products” shall mean the representation in words or pictures of goods, services, the name, the trademark or the activities of a producer of goods or a provider of services in programmes when such representation is intended by the broadcaster to serve advertising and might mislead the public as to its nature. Such representation is considered to be intentional in particular if it is done in return for payment or for similar consideration.

9. “Social advertising” shall mean advertising, in any form and by any means, designated to promote social welfare, including a healthy lifestyle, health improvement and prevention of diseases and harmful health habits.

10. “Promotion of the purchase and/or consumption of tobacco products” shall mean actions of information and persuasion, including special events, campaigns, discounts, gifts and the like, designated to promote decision-making with respect to the purchase and/or consumption of tobacco products.

11. “Sponsorship” shall mean financial or any other form of contribution to any event, activity or individual with the aim of promoting the purchase and/or consumption of tobacco products.

12. “Import” shall mean any entry of tobacco and/or tobacco products into the Republic of Lithuania from other states, with the exception of the States, which are parties to the Agreement on the European Economic Area (EU Member States and EFTA States) (hereinafter referred to as the EEA States), and also Turkey.

13. “Entry” shall mean the bringing in of tobacco and/or tobacco products into the Republic of Lithuania (except for those brought in by natural persons) from EEA States and Turkey.

14. “Tobacco sales outlet” shall mean premises in stores, kiosks, pavilions, restaurants, cafes, bars, buffets, and other places (including mobile shops) where tobacco products are offered for sale to consumers (if customers are served outdoors, the location of the cash register is regarded as the tobacco sales outlet) as well as premises where the wholesale of tobacco products is carried on.

15. “Educational establishments” shall mean pre-school, general education, college-level and higher education, vocational, and children’s additional education establishments: art, sport, language, technical and other types of schools as well as children’s summer camps.

16. “Tobacco and tobacco product control” shall mean a range of measures prescribed in this Law and other legal acts for exercising state control over the consumption, manufacture, entry, import, marketing, advertising, purchase and/or promotion as well as sponsorship of tobacco and its products for the purpose of reducing the consumption of tobacco products and the harmful effects of their use on health and the economy.

 

Article 3. Principles of State Tobacco Control Policy

The principles of the state tobacco control policy shall be as follows:

1) to protect the right of persons to a tobacco smoke-free environment;

2) to reduce the accessibility of tobacco products, particularly to minors, through taxation and other measures of state regulation;

3) to prohibit the use of state and municipal budget funds for tobacco growing and developing the manufacture, marketing, import and entry of tobacco products;

4) to ensure through measures of state legal regulation that a portion of state budget funds received from the manufacture, import and marketing of tobacco products be allocated for designing and implementing health protection and improvement programmes;

5) to prohibit the advertising of tobacco products;

6) to prohibit the promotion of purchasing and/or consuming tobacco products and to restrict their sponsorship;

7) to increase public awareness of the harm inflicted on human health by the consumption of tobacco products, and also of social and economic damage inflicted on the State;

8) to encourage smokers to stop smoking and assist them in doing so;

9) to exercise the control and monitoring of tobacco products;

10) to support social advertising and promote non-smoking through the media;

11) to aim at creating a tobacco smoke-free work, leisure and living environment.

 

CHAPTER II

INGREDIENT, QUALITY AND LABELLING REQUIREMENTS FOR TOBACCO PRODUCTS

 

Article 4. General Ingredient and Quality Requirements for Tobacco Products

1. The ingredient and quality indications on the tobacco products manufactured and/or sold in the Republic of Lithuania shall comply with the requirements set in this Law and other legal acts.

2. From 1 May 2004, the yield of cigarettes marketed or manufactured in the Republic of Lithuania or imported hereto and, from 1 January 2007, the yield of cigarettes exported herefrom shall not be greater than: 10 mg per cigarette for tar, 1 mg per cigarette for nicotine and 10 mg cigarette for carbon monoxide.

3. The Ministry of Health and an institution authorised by the Government of the Republic of Lithuania to supervise compliance with the ingredient and quality requirements for tobacco products shall have the right to request tobacco product manufacturers and importers to carry out additional tests in order to determine the yield of substances, other than those referred in paragraph 2 of this Article, contained in or produced by their tobacco products and to assess the effects of those other substances on health, particularly taking into account their addictiveness. Additional tests shall be carried out on a brand-name-by-brand-name basis, trademark-by-trademark basis and type-by-type basis. Such tests shall be carried out in the testing laboratories approved by the competent authorities of the EEA States or Turkey. The results of the tests referred to in this paragraph shall be submitted on an annual basis to the Ministry of Health in accordance with the procedure set forth by it. The Ministry of Health may provide for a different frequency of disclosure of test results in cases where the product specifications have not varied within a time period set forth by the ministry. However, in the event of any changes in such product specifications, the manufacturers or importers of tobacco products must inform the Ministry of Health thereof.

4. The Government of the Republic of Lithuania or an institution authorised by it, acting in conformity with research-based evidence, shall have the right to prohibit the use of ingredients which have the effect of increasing the addictive properties of tobacco products.

5. The Ministry of Health shall report the results of the tests referred to in paragraph 3 of this Article to the Commission of the European Communities.

Article 5. Documents Certifying Conformity of Tobacco Products

1. The fact that tobacco products conform to the requirements laid down in legal acts, including the requirements for tar, nicotine and carbon monoxide yields of cigarettes, shall be certified by documents of conformity issued by the manufacturing undertaking on the basis of tests carried out by testing laboratories which are approved by the competent authorities of the EEA States or Turkey.

2. An institution authorised by the Government of the Republic of Lithuania shall set forth the procedure and the requirements for submitting documents of conformity referred to in paragraph 1 of this Article.

 

Article 6. Testing Laboratories and Methods

1. Tests for tar, nicotine and carbon monoxide yields of cigarettes shall be carried out by testing laboratories which are approved by the competent authorities of the EEA States or Turkey.

2. The testing laboratories referred to in paragraph 1 of this Article shall measure the tar, nicotine and carbon monoxide yields of cigarettes on the basis of ISO standards adopted as Lithuanian standards (ISO 4387 for tar, ISO10315 for nicotine, ISO-8454 for carbon monoxide; the accuracy of the tar and nicotine indications on packets shall be verified in accordance with ISO standard 8243).

3. The Ministry of Health shall send the Commission of the European Communities a list of laboratories referred to in paragraph 1 of this Article which have been approved to carry out tests in the Republic of Lithuania, specifying the criteria used for approval and the methods of monitoring applied, and any related changes.

 

Article 7. Recognition of Tobacco Products as Not Conforming to Labelling, Ingredient and Quality Requirements

1. An institution authorised by the Government of the Republic of Lithuania shall supervise whether the labelling, ingredient and quality indicators of tobacco products conform to the requirements laid down in legal acts.

2. In the event that testing laboratories, when measuring the samples of tobacco products accepted from authorised state institutions on a commission basis in accordance with the procedure laid down in this Law and other legal acts, determine that these samples do not comply with the requirements laid down in legal acts, it shall be deemed that the entire batch of tobacco products wherefrom such samples have been taken does not comply with these requirements.

 

Article 8. Labelling Requirements for Tobacco Products Intended for Marketing in the Republic of Lithuania

1. Tobacco products marketed in the Republic of Lithuania shall be labelled in accordance with the procedure laid down in legal acts.

2. Information appearing on packets of tobacco products shall not mislead consumers.

3. The use on tobacco product packaging of such texts as “low-tar”, “light”, “ultra-light”, “mild” as well as any other texts, names, trademarks, pictures and figurative or other signs asserting or creating an impression that a particular tobacco product is less harmful than other tobacco products shall be prohibited. It shall also be prohibited to supply such information at tobacco sales outlets, including showcases used to display tobacco products, and also on information leaflets, folders or circulars provided together with tobacco products or their packets or by any other means of presenting information.

4. To ensure product identification and traceability, the tobacco product shall be marked by batch numbering or equivalent on the unit packet (packaging) enabling the place and time of manufacture to be determined. Where the batch number or equivalent are encoded, which makes it impossible to determine the place and/or time of manufacture of tobacco products, the undertakings manufacturing, importing or bringing in tobacco products to Lithuania must provide controlling institutions with a code key for subsequent decryption.

5. When labelling their products, the manufacturers of tobacco products shall, in addition to other information prescribed by the legal acts, place health warnings in the state language of the Republic of Lithuania describing the harmful effects of tobacco use on each unit packet (packaging) of tobacco products and on any outside packaging used for the retail sale of tobacco products; when labelling cigarettes, tobacco product manufacturers shall print the tar, nicotine and carbon monoxide yields of cigarettes.

6. The content of health warnings describing the harmful effects of tobacco use, the surface area and positioning of such warnings and indications of tar, nicotine and carbon monoxide yields on packets as well as the rules for placing the said warnings, indications and other references when labelling tobacco products marketed in the Republic of Lithuania shall be approved by an institution authorised by the Government of the Republic of Lithuania.

Article 9. Reports of Tobacco Product Manufacturers and/or Importers on the Ingredients of Tobacco Products Manufactured for Marketing in the Republic of Lithuania

1. Tobacco product manufacturers and/or importers shall annually submit, in accordance with the procedure established by the Government of the Republic of Lithuania, a written report to an institution authorised by the Government about the ingredients used in the manufacture of tobacco products intended for marketing in the Republic of Lithuania.

2. The report shall contain information about the ingredients present in tobacco products by brand name, trademark and type, the quantity, category and function of such ingredients, the reasons for including them in tobacco products, the toxicological data available and the testing methods, and the effects of such ingredients on human health, including any addictive effects.

3. The information received pursuant to the requirements of this Article shall be communicated to the Commission of the European Communities.

 

CHAPTER III

STATE LEGAL REGULATION OF ECONOMIC ACTIVITIES RELATED TO TOBACCO AND TOBACCO PRODUCTS

 

SECTION ONE

LICENSING OF TYPES OF ACTIVITY

 

Article 10. Licensing of Types of Activity and Types of Licence

1. The growing of tobacco, the manufacture, wholesale and retail sale of tobacco products shall be allowed in the Republic of Lithuania only after a licence issued in accordance with the prescribed procedure has been obtained.

2. A licence for tobacco growing shall not be required where tobacco is grown for personal use by natural persons on a plot of land covering an area of up to 100 square meters.

3. The rules for licensing the activities specified in paragraph 1 of this Article shall be approved by the Government of the Republic of Lithuania.

 

Article 11. Issue of Licences

1. Licences to engage in activities specified in paragraph 1 of Article 10 of this Law may be issued to undertakings registered in the Republic of Lithuania in accordance with the procedure prescribed by law and to branches of foreign legal persons entitled to engage in economic and commercial activity under the laws of foreign states (hereinafter referred to as “undertakings”); licences to engage in tobacco growing shall also be issued to farmers who have registered farms in the Republic of Lithuania (hereinafter referred to as “farmers”).

2. Licences to engage in the activities specified in paragraph 1 of Article 10 of this Law shall not be issued to those undertakings whose founders or heads of administration were the founders, heads of administration or other employees of the undertakings whose licence was revoked pursuant to paragraph 5 of Article 26 of this Law (where they acted on behalf or in the interests of the undertaking).

3. Licences to engage in the growing of tobacco, the manufacture and wholesale of tobacco products shall be issued by the State Tobacco and Alcohol Control Service under the Government of Republic of Lithuania (hereinafter referred to as the “State Tobacco and Alcohol Control Service”), acting in compliance with the rules of licensing approved by the Government.

4. Licenses to engage in the retail sale of tobacco products shall be issued by an executive institution of the municipality in the territory whereof the undertaking will pursue such activity.

5. A licence shall be issued for an indefinite period of time. Licences to engage in a seasonal retail sale of tobacco products at resorts and other leisure and tourist areas designated as such by municipal councils shall be issued for the duration of a holiday season as determined by the municipal council.

6. The actual procedure for issuing licences to engage in the retail sale of tobacco products shall be established by municipal councils in compliance with the rules of licensing approved by the Government of the Republic of Lithuania.

7. The State Tobacco and Alcohol Control Service shall exercise control over the issue of licences to undertakings at municipalities.

 

Article 12. Specific Features of the Right of Licence Holders to Engage in Licensed Activity

1. It shall be prohibited for undertakings and farmers possessing licences to authorise or transfer under contract the right to engage in the activity specified in the licence to other persons.

2. A licence to engage in the manufacture of tobacco products shall also grant the right to undertakings to engage in the wholesale of products manufactured by them.

3. Undertakings possessing a licence to engage in the retail sale of tobacco products shall be permitted to purchase tobacco products in the Republic of Lithuania only from undertakings possessing a licence to engage in the manufacture or wholesale of tobacco products; this provision shall not prohibit undertakings possessing a licence to engage in the retail sale of tobacco products from importing or bringing in tobacco products from other states for the activity specified in the licence.

4. Undertakings possessing a licence to engage in the wholesale of tobacco products shall be permitted to purchase tobacco products in the Republic of Lithuania only from undertakings possessing a licence to engage in the manufacture or wholesale of tobacco products; this provision shall not prohibit undertakings possessing a licence to engage in the wholesale of tobacco products from importing or bringing in tobacco products from other states for the activity specified in the licence.

5. Undertakings possessing a licence to engage in the manufacture or wholesale of tobacco products shall be permitted to sell tobacco products in the Republic of Lithuania only to undertakings possessing a licence to engage in the wholesale or retail sale of tobacco products as well as to legal persons of other states.

6. A licence to engage in the growing of tobacco shall also grant the right to undertakings and farmers to engage in the wholesale of tobacco grown by them.

7. Undertakings and farmers possessing a licence to engage in the growing of tobacco shall be permitted to sell tobacco in the Republic of Lithuania only to undertakings possessing a licence to engage in the manufacture of tobacco products and to legal persons of other states.

SECTION TWO

OTHER CHARACTERISTICS OF REGULATION

 

Article 13. Restrictions on the Assortment of Tobacco Products

It shall be prohibited to sell tobacco for oral use as well as sniffing tobacco in the Republic of Lithuania.

 

Article 14. Requirements for the Sale, Storage and Transportation of Tobacco Products

1. Legal persons and branches of foreign legal persons registered in the Republic of Lithuania in accordance with the procedure prescribed by law, where such undertakings have the right to engage in commercial and economic activity under the laws of foreign states, (hereinafter referred to as “branches of foreign legal persons”) shall be prohibited to sell and store tobacco products in the Republic of Lithuania without a licence to engage in the manufacture, wholesale or retail sale of tobacco products, except for the cases specified in paragraph 2 of this Article. A copy of the relevant licence shall be kept at all tobacco sales outlets and/or places of tobacco storage.

2. The requirement laid down in paragraph 1 of this Article to have a licence for the manufacture, wholesale or retail sale of tobacco products or a copy thereof shall not apply where tobacco products are stored and transported by persons providing transportation services and legal persons registered in a foreign state or branches of such foreign legal persons, possessing legally valid documents certifying the purchase of tobacco products or the relevant transportation documents, which carry tobacco products in transit or deliver them to their branches, representative offices or other divisions.

3. Legal persons and branches of foreign legal persons shall be prohibited to sell, store and transport tobacco products in the Republic of Lithuania, and also to import tobacco products to the Republic of Lithuania:

1) without legally valid documents certifying the purchase and transportation of tobacco products; Legally valid documents certifying the purchase or transportation of tobacco products shall be kept at all tobacco sales outlets and/or places of tobacco storage. When transporting tobacco products, it is required to have transportation documents or legally valid documents certifying the purchase thereof;

2) if such products are counterfeit;

3) if such products are contraband;

4) without special labels – tax stamps – corresponding to the model approved by the Government of the Republic of Lithuania, except where such tax stamps are not mandatory under the Law on Excise Duty and other legal acts of the Republic of Lithuania;

5) if the tar, nicotine or carbon monoxide yields of cigarettes exceed the levels laid down in paragraph 2 of Article 4 of this Law;

6) if the labelling of tobacco products fails to meet the requirements laid down in this Law and other legal acts;

7) if the conformity of tobacco products to the requirements set out in legal acts is not certified by the documents and in accordance with the procedure laid down in Article 5 of this Law.

4. The procedure of storage and transportation of tobacco products applied to natural persons shall be established by the Government of the Republic of Lithuania or an institution authorised by it.

5. In addition, it shall be prohibited to sell in the Republic of Lithuania:

1) cigarettes, cigarillos and long cigarettes;

2) cigarettes, if less than 20 are contained in a packet;

3) tobacco products to persons under 18 years of age. In case of doubt that a person is under 18 years of age, tobacco sellers shall request a document certifying the age of the buyer. Where such a person fails to present a document certifying his age, tobacco sellers must refuse to sell him tobacco products.

6. It shall be prohibited to purchase or otherwise transfer tobacco products to persons under 18 years of age.

 

Article 15. Restrictions on the Marketing of Tobacco Products and Tobacco Sales Outlets

It shall be prohibited to sell tobacco products in the Republic of Lithuania in the following manner:

1) through automatic vending machines;

2) through communication tools;

3) at retail undertakings where the goods intended for children comprise 50 and more percent of the total turnover of retail goods;

4) at pharmacies, health care, educational and cultural establishments, Internet cafes (Internet clubs, etc.);

5) to persons under 18 years of age.

 

Article 16. Restrictions on the Sale of Goods to Be Used for Smoking Tobacco Products or Preparing to Smoke Tobacco Products

It shall be prohibited in the Republic of Lithuania to sell goods to be used for smoking tobacco products (or preparing to smoke tobacco products), i.e. pipes, cigarette holders, mouthpieces for pipes, scrapers for pipes, cigarette holders, home cigarette rolling machines, any type of cigarette (smoking) paper (cut or uncut, glued into tips, with or without filters) to persons under 18 years of age.

 

SECTION THREE

ADVERTISING OF TOBACCO PRODUCTS, PROMOTING THE PURCHASE AND/OR CONSUMPTION OF TOBACCO PRODUCTS, SPONSORSHIP AND REDUCTION OF TOBACCO CONSUMPTION

 

Article 17. Prohibition of Advertising

1. Advertising of tobacco products, except for the cases specified in paragraph 2 of this Article, and also surreptitious advertising of tobacco products shall be prohibited in the Republic of Lithuania.

2. Prohibition of advertising shall not apply to:

1) information referred to in paragraph 3 of this Article, which is presented at tobacco sales outlets where tobacco products are sold to the consumer;

2) publications intended exclusively for specialists (professionals) in the tobacco trade, and also publications printed and published in countries other than EEA States, where such publications are not intended for the EC market;

3) registered names and trademarks of tobacco product manufacturers or sellers (if the brand name, name of the tobacco product manufacturer or trademark constitute an integral part of the registered name of the said undertaking) where such names and trademarks are displayed on buildings wherein the offices or branches of these undertakings are located. Only the registered names of tobacco product manufacturers or sellers may be displayed on the motor vehicles thereof;

4) names (business names) of tobacco product manufacturers or undertakings whose principal activity is the sale of tobacco products, presented in the course of events sponsored by such undertakings and on the lists of sponsors of these events, except where presented in radio and television programmes.

3. Only the following information may be presented on showcases used to display tobacco products at tobacco sales outlets:

*1) the name, address and trademark of the tobacco product manufacturer or seller;

*Note. The provision of subparagraph 1 of paragraph 3 of Article 17 concerning trademarks shall be valid until 31 December 2008.

 

2) the brand names of the tobacco products sold;

3) the words “We trade in“ ”We sell”;

4) the tar, nicotine and carbon monoxide yields of cigarettes;

5) the indication of prices of tobacco products.

4. Information (warnings) shall also be displayed, in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it, at tobacco sales outlets, except in premises wherein tobacco products are sold on a wholesale basis, regarding the harmful effects of tobacco use on health and the ban on the sale of tobacco products to persons under 18 years of age.

5. The information referred to in paragraph 3 of this Article may be presented only together with the tobacco products displayed. Such information may not be presented on leaflets, folders or other means of advertisement intended for take-away use; in addition, it shall be prohibited to display any imitations and pictures of tobacco products or packaging thereof at tobacco sales outlets. No visual or graphic information other than specified in paragraphs 3 or 4 of this Article regarding tobacco products may be displayed at tobacco sales outlets.

 

Article 18. Other Prohibitions related to Tobacco Products

1. It shall be prohibited in the Republic of Lithuania:

1) to apply fixed discounts for the owners of coupons printed in the media or distributed otherwise or to treat such coupons as an alternate means of payment;

2) to distribute free tobacco products and/or new samples thereof to the public;

3) to grant the buyer the right to, immediately or over a specified period of time after a sale and purchase contract is concluded, receive gifts or any other special offers on tobacco products;

4) to influence buyers through persistent offers of tobacco products, indicating the alleged price reductions on price lists, price labels, indoor store windows and other means or measures contrary to good morals and public order;

5) to sell tobacco products in assortment with other goods or any other goods in assortment with the tobacco products marketed;

6) to supply tobacco products as prizes in lotteries, contests, sports competitions and games or together with such prizes;

7) to organise games or competitions and lotteries, promoting the purchase and/or consumption of tobacco products;

8) to manufacture and/or sell toys, food products and other goods whose design imitates tobacco products or packaging;

9) to sell other (non-tobacco) products marked with tobacco product trademarks;

10) to enlist persons under 18 years of age in any activity promoting the purchase and/or consumption of tobacco products.

2. Tobacco product manufacturers and undertakings whose principle activity is the sale of tobacco products shall be prohibited in the Republic of Lithuania to sponsor events designed for persons under 18 years of age as well as radio and television programmes and also events and activities involving, or taking place in, several countries or otherwise having cross-border effects.

 

Article 19. Restrictions on the Consumption of Tobacco Products

1. It shall be prohibited to smoke (consume tobacco products) in the Republic of Lithuania:

1) in all educational establishments, health care facilities, Internet cafes (Internet clubs, etc.), and also in premises where sport competitions and other events take place;

2) at indoor workplaces. Special premises (places) may be set aside in undertakings, institutions and organisations where smoking shall be permitted. The requirements for fitting out and operating smoking premises (places) shall be set forth by the Government of the Republic of Lithuania or an institution authorised by it.

3) in common-use residential and other public premises where non-smokers may be forced to breathe tobacco smoke-polluted air;

4) in all types of public transport, except for long-distance trains where individual cars must be designated for smokers and non-smokers and also on aircraft where separate places shall be designated for non-smokers and smokers;

5) in restaurants, coffee shops, bars and other mass caterers, clubs, and discotheques, except for cigar or pipe clubs specially fitted out for this purpose. The procedure and conditions of establishing cigar and pipe clubs shall be set forth by the Government of the Republic of Lithuania or an institution authorised by it.

2. In restaurants, cafes, bars and other premises designated to provide services for people, where smoking is not prohibited, separate premises (places) must be set aside for smokers. Premises where smoking is not prohibited must be fitted out to protect clients (visitors) and staff members from tobacco smoke. The requirements for fitting out and operating such premises (places) shall be set forth by the Government of the Republic of Lithuania or an institution authorised by it.

Paragraph 2 of Article 19 has been repealed.

3. Municipal councils shall have the right to prohibit smoking in public places (parks, squares, etc.) and other public places falling within the scope of their competence.

4. The administrative bodies of a legal person must ensure that its personnel, clients and visitors are not forced to breathe tobacco smoke-polluted air; they must also ensure that non-smoking warnings or signs are displayed in visible locations and special premises (places) be set aside and fitted out for smoking with notices or signs indicating their location.

 

Article 20. Tobacco Products and Calculation of Minimum Standard of Living

It shall be prohibited to include tobacco products in the food and non-food basket for the purpose of calculating the minimum standard of living.

 

SECTION FOUR

MONITORING OF TOBACCO PRODUCTS, TOBACCO CONTROL PROGRAMMES, INFORMATION TO THE PUBLIC AND EXCHANGE OF INFORMATION

 

Article 21. Monitoring of Tobacco Use, Its Harmful Effects on Health and the Economy

The monitoring of the consumption of tobacco products and their harmful effects on health and the economy shall be exercised in the Republic of Lithuania in accordance with the procedure established by the Government.

 

Article 22. Information to the Public about Tobacco Products and Harmful Effects of Tobacco Use on Health

1. Schools with formal education shall include in the general education content issues concerning the harmful effects of tobacco use on health, a health-friendly environment that prevents the harmful effects of the consumption of tobacco products, and a healthy lifestyle.

2. The Ministry of Health, after having obtained information from an institution authorised by the Government of the Republic of Lithuania whereto reports are submitted under Article 9 of this Law about the ingredients used in the manufacture of tobacco products intended for marketing in the Republic of Lithuania as well as information about the results of the tests referred to in paragraph 3 of Article 4 of this Law, shall ensure that such information and the list of ingredients for each tobacco product, indicating tar, nicotine and carbon monoxide yields, is made public and disseminated, by any appropriate means, with a view to informing the consumers. The information specified in this paragraph shall be disseminated without prejudice to the protection of any information on specific tobacco product formulae which constitutes a trade secret.

 

Article 23. Exchange of Information with EU Institutions

Competent institutions authorised by the Government of the Republic of Lithuania to maintain contacts with the European Union shall provide all the information required for the purpose of cooperating with EU institutions and fulfilling the commitments of the Republic of Lithuania under this Law or at the request of the Commission of the European Communities.

 

Article 24. Tobacco Control Programmes

1. The Government of the Republic of Lithuania shall draw up, approve and implement the state tobacco control programme. The state tobacco control programme shall be financed from the state budget.

2. For the purpose of this Law, municipalities shall draw up and implement municipal tobacco control programmes. Such programmes shall be financed from municipal budgets.

 

CHAPTER IV

LIABILITY FOR VIOLATIONS OF THE LAW ON TOBACCO CONTROL

 

Article 25. Liability for Violating the Law on Tobacco Control and Confiscation and Destruction of Tobacco Products

1. Natural persons shall be held liable for violating this Law in accordance with the procedure laid down in the Code for Administrative Offences of the Republic of Lithuania and the Criminal Code of the Republic of Lithuania.

2. Where marketed, stored and transported in the Republic of Lithuania tobacco products are counterfeit or contraband, or without special labels – tax stamps, as well as where the purchase of tobacco products is not certified by legally valid documents or they have been stored, sold without the licence, such products shall be confiscated in compliance with the Code of Administrative Offences of the Republic of Lithuania or the Criminal Code of the Republic of Lithuania respectively.

3. Confiscated tobacco products shall be destroyed in accordance with the procedure established by the Government of Lithuania.

 

Article 26. Economic Sanctions

1. Those tobacco product manufacturers and/or importers who fail to submit in accordance with the prescribed procedure a report about the ingredients used in the manufacture of tobacco products intended for marketing in the Republic of Lithuania, as required under paragraph 1 of Article 9 of this Law, shall be subject to a fine between one thousand and three thousand litas.

2. Those legal persons, branches of legal persons and farmers who grow tobacco, manufacture, store and sell tobacco products in violation of the requirements of paragraph 1 of Article 10 or paragraph 1 of Article 14 of this Law (without a licence issued in accordance with the prescribed procedure) shall be subject to a fine between ten thousand and thirty thousand litas.

3. Those legal persons, branches of foreign legal persons and farmers who violate the prohibition set forth in paragraph 1 of Article 12 of this Law to authorise other persons or transfer under contract the right to pursue the activities specified in the licences held, who violate the requirements set in paragraphs 3, 4, 5 or 7 of Article 12 of this Law for purchasing tobacco products and selling tobacco products or tobacco, who violate the prohibitions set out in subparagraphs 6 or 7 of paragraph 3 of Article 14 of this Law in respect of selling, storing or transporting of tobacco products shall be subject to a fine between three thousand and five thousand litas. For a repeated violation of these prohibitions and requirements, committed in the course of one year after a fine had been imposed, legal persons and branches of foreign legal persons and farmers shall be subject to a fine between five thousand and ten thousand litas.

4. Those legal persons and branches of foreign legal persons who violate the prohibition set in Article 13 of this Law to sell tobacco for oral use and also for sniffing shall be subject to a fine between five thousand and ten thousand litas.

5. Legal persons and branches of foreign legal persons that sell, store or transport tobacco products in violation of the prohibitions set forth in subparagraphs 1, 2, 3 or 4 of paragraph 3 of Article 14 of this Law, where such violation does not impose criminal liability, shall be subject to a fine between ten thousand and thirty thousand and their licence shall be revoked.

6. Legal persons and branches of foreign legal persons who sell, store or transport tobacco products in violation of the prohibition set in subparagraph 5 of paragraph 3 of Article 14 of this Law shall be subject to a fine between five thousand and ten thousand litas. For a repeated violation of this prohibition, committed in the course of one year after a fine had been imposed, legal persons and branches of foreign legal persons shall be subject to a fine between ten thousand and twenty thousand litas.

7. For violation of the prohibitions in respect of selling of tobacco products, set out in subparagraph 1 or 2 of paragraph 5 of Article 14 of this Law, legal persons and branches of foreign legal persons shall be subject to a fine between one thousand and three thousand litas, for a repeated violation of the said prohibitions, committed in the course of one year after a fine was imposed, legal persons and branches of foreign legal persons shall be subject to a fine between three thousand and five thousand litas. For violation of the prohibitions in respect of selling of tobacco products, set out in subparagraph 3 of paragraph 5 of Article 14 of this Law, legal persons and branches of foreign legal persons shall be subject to a fine between three thousand and five thousand litas, for a repeated violation of the said prohibition, committed at the same sales outlet in the course of three years after a fine was imposed, legal persons and branches of foreign legal persons shall be subject to a fine between five thousand and ten thousand litas and their licence shall be revoked with respect to the sales outlet wherein the violation has been identified.

8. Legal persons and branches of foreign legal persons that violate the prohibitions set forth in Article 15 in respect of marketing tobacco products and the prohibition set forth in Article 16 in respect of selling goods to be used for smoking tobacco products or preparing to smoke them shall be subject to a fine between one thousand and three thousand litas. For a repeated violation of such prohibitions, committed in the course of one year after a fine was imposed, legal persons and branches of foreign legal persons shall be subject to a fine between three thousand and five thousand litas.

9. Legal persons and branches of foreign legal persons that violate the prohibition set forth in paragraph 1 of Article 17 of this Law in respect of advertising shall be subject to a fine between five thousand and ten thousand litas. For a repeated violation of this prohibition, committed in the course of one year after a fine had been imposed, legal persons and branches of foreign legal persons shall be subject to a fine between ten thousand and twenty thousand litas.

10. Legal persons and branches of foreign legal persons that provide information in violation of the requirements set in paragraph 4 or 5 of Article 17 of this Law shall be subject to a fine between one thousand and three thousand litas. For a repeated violation of such requirements, committed in the course of one year after a fine had been imposed, legal persons and branches of foreign legal persons shall be subject to a fine between three thousand and five thousand litas.

11. Legal persons and branches of foreign legal persons that violate the prohibitions set forth in Article 18 of this Law shall be subject to a fine between three thousand and five thousand litas. For a repeated violation of such prohibitions, committed in the course of one year after a fine had been imposed, legal persons and branches of foreign legal persons shall be subject to a fine between five thousand and ten thousand litas.

12. Legal persons that violate the requirement set in subparagraph 5 of paragraph 1 of Article 19 of this Law shall be subject to a fine between one thousand and five thousand litas.

Note. The economic sanction provided for in paragraph 12 of Article 26 shall be imposed on legal persons as of 1 May 2006.

 

13. Fines for violating the provisions of this Law shall be imposed by:

1) the State Public Health Supervision Service under the Ministry of Health of the Republic of Lithuania, for violations of paragraph 1 of Article 9;

2) the State Tobacco and Alcohol Control Service, for violations of paragraph 1 of Article 10, paragraphs 1, 3, 4, 5 and 7 of Article 12, Article 13, paragraph 1 of Article 14, subparagraphs 1, 2, 3, 4 and 6 of paragraph 3 of Article 14, paragraph 5 of Article 14, Article 15 and 16, paragraph 1 (except for violations in the media), paragraphs 4 and 5 of Article 17, Article 18, and subparagraph 5 of paragraph 1 of Article 19;

3) the National Consumer Rights Protection Board under the Ministry of Justice of the Republic of Lithuania, for violations in the mass media of subparagraph 5 of paragraph 3 of Article 14 (where the State Non Food Products Inspectorate under the Ministry of Economy of the Republic of Lithuania presents a record of violations) and paragraph 1 of Article 17;

4) the State Non Food Products Inspectorate under the Ministry of Economy of the Republic of Lithuania, for violations of subparagraph 6 and 7 of paragraph 3 of Article 14;

5) the State Tax Inspectorate, for violations of subparagraphs 1 and 4 of paragraph 3 of Article 14;

6) municipal executive institutions, for violations of the requirements set in paragraph 1 of Article 10 and paragraph 1 of Article 14 for retail shops, and also for violations of Articles 15 and 16, paragraph 1 (in external means of advertising), paragraphs 4 and 5 of Article 17, Paragraph 1 of Article 18;

7) heads of police establishments or persons authorised by them, for violations of subparagraphs 1, 2 and 3 of paragraph 3 of Article 14;

8) officers of the Customs Department under the Ministry of Finance of the Republic of Lithuania, for violations of subparagraph 1 and 3 of paragraph 3 of Article 14.

*14. The institutions specified in paragraph 13 of this Article, when imposing fines for violations of this Law within the scope of their competence, shall determine the specific amount of a fine taking into account the nature of the violation and the circumstances mitigating or aggravating liability. In the event of mitigating circumstances, the amount of the fine imposed may not exceed the average amount of the economic sanction usually imposed for the committed violation; in the event of aggravating circumstances, the amount of the fine imposed may not be lower than the average amount of the economic sanction usually imposed for the committed violation. In the event of mitigating and aggravating circumstances, a fine shall be imposed, taking into account their quantity and significance. Any reduction or increase in the fine shall be motivated by a decision of the institution which imposes the fine for violations of the requirements set forth in this Law. Taking into account mitigating and other circumstances (due to which a respective pecuniary penalty imposed on the offender would be evidently too large because it is not proportionate to the committed violation and therefore unjust) and acting in compliance with the criteria of prudence and fairness, the court, which hears an appeal, shall be entitled to impose a smaller pecuniary penalty than the minimum pecuniary penalty fixed in the relevant paragraph of this Article.

15. Mitigating circumstances shall include actions of the legal persons, branches of foreign legal persons or farmers concerned taken at their own initiative to prevent the harmful consequences of the violation as well as their assistance to competent authorities in the investigation of the violation, compensation of losses or elimination of the damage done. Aggravating circumstances shall include actions of the legal persons, branches of foreign legal persons or farmers concerned to impede the investigation procedure, conceal the violation, continue the violation despite the competent authority’s instructions to discontinue illegal actions. The institution which imposes the fine may recognise circumstances other than those specified in this paragraph as mitigating or aggravating.

16. Undertakings whose licences have been revoked pursuant to paragraph 7 of this Article shall not be issued a new licence to engage in retail trade of tobacco products in the sales outlet wherein the violation was committed, for a period of three years from the day on which the licence was revoked.

17. The licences held by undertakings shall be revoked in the event that there is an effective conviction, effective court ruling, decision or an effective relevant decision issued by the customs, the tax inspectorate, the police or the State Tobacco and Alcohol Control Service regarding the imposition of a penalty or fine for the contraband of tobacco or tobacco products, the sale, storage or transportation of counterfeit tobacco products, the sale, storage or transportation of tobacco products without legally valid documents certifying the purchase thereof and also for the illegal storage, transportation or sale of tobacco products without special labels – tax stamps – in respect of the said undertakings, heads of their administration or other employees (acting on behalf or in the interests of the undertaking). Such undertakings and also undertakings whose licences have been revoked pursuant to paragraph 5 of this Article shall not be issued new licences.

18. A licence shall be revoked by the institution which within the scope of its competence issues licences for the manufacture of tobacco products as well as for the wholesale or retail of tobacco products.

*Note. Revised version of the paragraph following the ruling of the Constitutional Court.

 

Article 27. Record of Violations and Terms for Case Examination

1. The authorised employees (officers) of the institutions referred to in paragraph 13 of Article 26, after having established violations of the provisions of this Law, shall draw up a record the content of which is in compliance with the Code of Administrative Offences of the Republic of Lithuania.

2. The institutions referred to in paragraph 13 of Article 26 of this Law shall examine a case and impose economic sanctions not later than within a one month from the day on which the violation was established.

 

Article 28. Participants of Proceedings

1. Where a case is examined by an institution, which imposes economic sanctions for the violations specified in Article 26 of this Law, the participants of the proceedings shall be as follows:

1) the person suspected of violating this Law (suspected offender);

2) other persons designated by a decision of the institutions specified in paragraph 13 of Article 26 of this Law where their interests are directly related to the case examined;

3) representatives of state and municipal institutions at their request;

4) experts, specialists and other persons from the institutions specified in paragraph 13 of Article 26 of this Law.

2. Persons indicated in subparagraphs 1 and 2 of paragraph 1 of this Article shall hereinafter be referred to in this Law as parties to the proceedings.

3. Parties to the proceedings may be represented by their authorised representatives.

 

Article 29. Notification of Case Examination

Parties to the proceedings shall be notified in writing about the established violations of this Law, the place and time of the examination of the case and they shall also be offered to submit their opinion in writing.

 

Article 30. Examination of a Case

1. The case shall be examined with the parties to the proceedings and other participants of the proceedings in attendance.

2. Where a case is examined, the parties to the proceedings shall have the right to have access to the materials collected, give oral and written explanations, present evidence and state requests.

3. Where the parties to the proceedings are not in attendance, the case may be examined only where information is available to the effect that they have been duly notified about the place and time of the examination of the case and that they have been granted access to the case file and entitled to give explanations.

Article 31. Decisions Adopted Following the Examination of a Case

1. The institutions specified in paragraph 13 of Article 26 of this Law, after having examined the case, shall adopt one of the following decisions:

1) to impose the economic sanctions prescribed by this Law;

2) in the absence of the grounds specified in this Law, to refuse to impose economic sanctions;

3) to dismiss the case where no violation of this Law has been committed;

4) to refer a case back for further investigation.

2. After a case is examined, the adopted decision shall contain the following information:

1) the name of the institution which has adopted the decision;

2) the date and place of the examination of the case;

3) data about the offender;

4) circumstances of committing the violation;

5) evidence of guilt on which the decision is based;

6) the relevant article of this Law stating liability for violations;

7) explanations given by the offender and their evaluation;

8) the decision adopted;

9) the terms and procedure for appealing against the decision.

3. The decisions of the institutions specified in paragraph 13 of Article 26 of this Law shall be sent within two working days after their adoption to the persons in reference to whom they were adopted.

 

Article 32. Recovery of Fines

1. The fine imposed shall be paid to the state budget not later than within one month from the day of communication of the decision to the offenders of this Law and, in the event that the fine has been imposed by a municipal executive institution, to the respective municipal budget.

2. The unpaid fines shall be recovered by bailiffs where they enforce the decisions of the institutions specified in paragraph 13 of Article 26 of this Law and act in accordance with the procedure laid down in the Code of Civil Procedure of the Republic of Lithuania. A decision may be presented for execution not later than 3 years after adoption.

 

Article 33. Appeals against Decisions to Impose Economic Sanctions

1. Persons who contest a decision to impose economic sanctions shall have the right to appeal to court against the decision within one month from the date of receipt thereof in accordance with the procedure laid down in the Law on Administrative Proceedings of the Republic of Lithuania.

2. A court appeal shall suspend the enforcement the decision to impose economic sanctions.

 

Article 34. Disputes over Violations of the Law

Any disputes over violations of this Law shall be settled in accordance with the procedure laid down in the laws of the Republic of Lithuania.

 

ANNEX to the Republic of Lithuania Law No IX-1840 of 20 November 2003

 

The Law on Tobacco Control of the Republic of Lithuania shall be in compliance with the following EU legal acts:

1) Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities (as last amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997);

2) Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products;

3) Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products.

 

 

I promulgate this Law passed by the Seimas of the Republic of Lithuania.

 

 

PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS

 

 

 

 
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