Lithuanian law on alcohol describes the limitations for alcohol sale in Lithuania.
REPUBLIC OF LITHUANIA LAW ON ALCOHOL CONTROL
18 April 1995 No I-857
(As last amended on 2 July 2013 – No XII-468)
Vilnius
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 the beverages whose ethyl alcohol strength by volume exceeds 1.2 % (in respect of beer – exceeds 0.5 %).
2. Shop selling alcoholic beverages means a shop the range of goods whereof consists solely of alcoholic beverages or alcoholic beverages and related products (juices and other non-alcoholic beverages, gadgets for opening and sealing bottles, bottle packing, cups, glasses, tobacco products, matches and lighters).
3. Department selling alcoholic beverages means a department of the shop the range of goods whereof consists solely of alcoholic beverages or alcoholic beverages and related products (juices and other non-alcoholic beverages, gadgets for opening and sealing bottles, bottle packing, cups, glasses, tobacco products, matches and lighters).
4. Alcohol control means all of the state regulation measures, set out in legal acts, related to alcohol product production, bringing in, import, export, sale, consumption and alcohol advertising and intended to reduce alcohol consumption as well as the harm to health and economy caused by the consumption of other products containing ethyl alcohol.
5. Alcohol products means non-denatured alcohol and denatured (including dehydrated) ethyl alcohol (hereinafter referred to as “ethyl alcohol”), alcoholic beverages, alimentary and non-alimentary alcoholic solutions with fragrant material additives (hereinafter referred to as “alcoholic solutions”) and raw materials containing ethyl alcohol (hereinafter referred to as “raw materials”).
6. Export of alcohol products means the taking-out of alcohol products from the Republic of Lithuania to other states, with the exception of the European Economic Area States and Turkey.
7. Import of alcohol products means the bringing-in of alcohol products into the Republic of Lithuania from other states, with the exception of the European Economic Area States and Turkey.
8. Entry of alcohol products means the bringing-in of alcohol products into the Republic of Lithuania (except alcohol products brought in by natural persons) from the European Economic Area States and Turkey.
9. Batch of alcohol products means a group of units of an alcohol product produced or packed under the same conditions which are intended for sale, where this group is subject to the same product safety and conformity requirements.
10. Advertising of alcohol means the information which is disseminated in any form and through any means and which is connected with commercial, economic and financial activities of undertakings and promotes the acquisition or consumption of alcohol products.
11. Ethyl Alcohol (hereinafter referred to as “alcohol”) means the saturated monohydroxyl alcohol which affects the mind and may result in habit forming and dependency on it.
12. Party to the Agreement on the European Economic Area means a Member State of the European Union or an EFTA State, except the Swiss Confederation.
13. European Economic Area State means a Member State of the European Union or a State of the European Free Trade Association (EFTA).
14. European legal person means a legal person or any other organisation established in a party to the Agreement on the European Economic Area (except the Republic of Lithuania).
15. Undertaking means a legal person established in the Republic of Lithuania, a branch of a foreign legal person established in the Republic of Lithuania in accordance with the procedure laid down by the law.
16. Mass events means the holidays, festivals and any other event intended for a large number of people and organised by state or municipal institutions, natural persons, legal persons or organisations or their branches which do not have the status of a legal person, upon having co-coordinated the time of the event and the procedure of the event organisation with the appropriate municipal institutions (where such co-ordination is required under the Republic of Lithuania Law on Assemblies).
17. Retail sales outlet means a shop, an automobile-shop, a pavilion which engage in retail trade and which are set up pursuant to the requirements of legal acts regulating food handling.
18. Home-brewed alcoholic beverages means alcoholic beverages produced by a natural person.
19. Naturally fermented alcoholic beverages means alcoholic 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.
20. Time-dependent retail sales outlet means a retail sales outlet set up in a temporary construction works which is not subject to registration in the Real Property Register.
21. Time-dependent public catering establishment means a public catering establishment set up in a temporary construction works which is not subject to registration in the Real Property Register.
22. Ethyl alcohol of non-agricultural origin means the ethyl alcohol produced from the products which are not listed in Annex I to the Treaty on the Functioning of the European Union.
23. Stocks alcoholic beverages of aircrafts and ships means alcoholic beverages intended for the consumption by passengers on board the aircrafts and ships.
24. Pavilion means a temporary construction works which is not subject to registration in the Real Property Register, does not have the foundation driven into the ground, manufactured in the plant or built from prefabricated structures and which has a sales area inside for providing services to customers.
25. Special sales outlet means a shop set up in the warehouse of excise goods and (or) goods subject to value added tax relief, established in an international seaport or airport or in a border crossing point of the Republic of Lithuania with third countries, where such a shop sells alcoholic beverages only to passengers departing from the Republic of Lithuania.
26. Permanent retail establishment means a retail establishment set up according to the procedure laid down by laws and other legal acts of the Republic of Lithuania in a building registered in the Real Property Register.
27. Permanent catering establishment means a catering establishment set up according to the procedure laid down by laws and other legal acts of the Republic of Lithuania in a building registered in the Real Property Register.
28. Education institution means an institution providing formal and non-formal education.
29. Foreign legal person means a legal person or any other organisation established in a party to the Agreement on the European Economic Area (except the Republic of Lithuania) or any other foreign state.
30. Public catering establishment means a restaurant, cafe, bar or other food handling location set up in compliance with the requirements for pubic catering laid down by legal acts regulating food handling, where food for public catering is prepared, cooked and sold.
31. Ethyl alcohol of agricultural origin means the ethyl alcohol produced from products of agricultural origin listed in Annex I to the Treaty on the Functioning of the European Union.
Article 3. Principles of State Policy of Alcohol Control
The principles of the State policy of alcohol control shall be 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) repealed;
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 must conform to the requirements valid in the Republic of 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 batch 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. Labelling 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 naturally fermented alcoholic beverages produced for personal use of natural persons (i.e. not for sale, but only for meeting own or family needs), where the ethyl alcohol strength of such beverages 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 batch 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, having co-ordinated it with the Ministry of Agriculture, approve a list of laboratories having the right to issue such documents. The beer production undertakings and undertakings producing naturally fermented mead and fruit wine, which are indicated in paragraph 2 of Article 12 of this Law and which use, under a contract, the services of food product quality research laboratories of other institutions or undertakings certified in accordance with the established procedure may, on the basis of the beer, mead or fruit wine research protocols issued by these laboratories, issue a conformity declaration of the beer, mead or fruit wine produced by them.
Article 12. Granting of the Right to Produce Alcohol Products
1. Production of alcohol products (with the exception of the home-brewed alcoholic beverages referred to in Article 10 of this Law which are produced by natural persons for personal use) shall only be permitted for the undertakings which hold a licence to manufacture these products. The licences and copies thereof shall be issued, supplemented, the main data revised by the Drug, Tobacco and Alcohol Control Department. Licences shall be issued for an unlimited period. A state fee shall be charged in accordance with the procedure laid down in the Law of the Republic of Lithuania on Fees and Charges and the Law of the Republic of Lithuania on the Government for issuing and supplement of licences, revision of the main data and issuing of copies of the licences.
2. The licence 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 as well as 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. The undertakings which annually produce up to 5000 hectolitres of beer, up to 100 hectolitres of naturally fermented mead or fruit wine and which do not have the possibility of setting up their own laboratory shall, under a contract, use the services of food product quality research laboratories of other institutions and undertakings certified in accordance with the established procedure.
3. The Government of the Republic of Lithuania, guided by this Law, the Civil Code of the Republic of Lithuania (hereinafter referred to as the “Civil Code”) and the requirements of the EU law, shall approve the licensing regulations of the production of alcohol products.
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. It shall be permitted to import ethyl alcohol of agricultural origin only upon holding an import licence issued by an institution authorised by the Government of the Republic of Lithuania.
2. The undertakings, European legal persons and their branches, representations of foreign legal persons in the Republic of Lithuania shall be permitted to import other alcohol products and import other alcohol products which are not indicated in paragraph 1 of this Article. Having brought in or imported alcohol products, the undertakings, the European legal persons and their branches, representations of foreign legal persons in the Republic of Lithuania must conform to the requirements of sale, storage and transportation set out in Section Three of Chapter III of this Law.
3. Undertakings, European legal persons and their branches shall be permitted to import alcohol products only if they hold documents certifying conformity of the alcohol products, issued by the entities (a laboratory, another institution or the producer of alcohol products) recognised by a foreign state competent authority, in which quality and harmlessness indicators must also be presented and declared, and when importing wine, grape must (hereinafter referred to as “wine products”) – if they hold a transportation document and a document containing the data of the wine product analysis. Cases when the 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. The Customs Department under the Ministry of Finance of the Republic of Lithuania shall, in accordance with the procedure laid down by the Government of the Republic of Lithuania or an institution authorised by it, furnish to the institution authorised by the Government of the Republic of Lithuania the information about the alcohol products imported by undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania (except ethyl alcohol of agricultural origin).
Article 14. Procedure of Issuance of Licences to Import Ethyl Alcohol of Agricultural Origin
1. An institution authorised by the Government of the Republic of Lithuania shall issue licences to import ethyl alcohol of agricultural origin.
2. The Government of the Republic of Lithuania or an institution authorised by it shall set out the regulations of the licensing of the import of alcohol products, based on this Law and the requirements of the EU law.
Article 15. Repealed
SECTION THREE
STATE REGULATION OF WHOLESALE AND
RETAIL TRADE IN ALCOHOL PRODUCTS
Article 16. Licences for Wholesale and Retail Trade in Alcohol Products
1. Only undertakings holding licences to engage in wholesale trade in alcohol products shall be allowed to engage in wholesale trade in the said products. Such licences and their copies shall be issued, supplemented and the main data thereof shall be revised by the Drug, Tobacco and Alcohol Control Department. Licences shall be issued for an unlimited period. A state fee shall be charged in accordance with the procedure laid down in the Law of the Republic of Lithuania on Fees and Charges and the Law of the Republic of Lithuania on the Government for issuing and supplementing of licences, revision of the main data thereof and issuing of copies of the licences. Licences 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 licences to produce alcohol products shall also have the right to engage in wholesale trade in the products they produce.
3. Only the undertakings holding licences to engage in retail trade in alcoholic beverages shall be permitted to engage in retail trade in alcoholic beverages. Licences and their copies shall be issued, supplemented, the main data thereof shall be revised by an executive institution of the appropriate municipality. Licences to engage in seasonal retail trade in beer, beer blends with non-alcoholic beverages, naturally-fermented cider of not more than 7.5 % ethyl alcohol by volume and alcoholic beverages the ethyl alcohol by volume of which 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 licences to engage in sale of naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 13 % at exhibitions, naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 6 % at public events and fairs as well as to engage in the sale of all alcoholic beverages at exhibitions and fairs held in permanent buildings, shall be issued to undertakings holding unlimited or seasonal licences to engage in retail trade in alcoholic beverages, to European legal persons and their branches having the right to engage in retail trade in alcoholic beverages for no longer than the time of the event’s duration. Other licences to engage in retail trade in alcoholic beverages shall be issued to undertakings for an unlimited period. A state fee shall be charged in accordance with the procedure laid down in the Law of the Republic of Lithuania on Fees and Charges and the Law of the Republic of Lithuania on the Government for issuing and supplementing of licences, revision of the main data thereof and issuing of copies of the licences.
4. The undertakings willing to engage in retail trade in alcoholic beverages at the retail establishments and catering establishments set up in multi-apartment residential buildings shall be issued licences where these undertakings present, in accordance with the procedure established by the Government of the Republic of Lithuania, a consent of a meeting (board) of the association of apartment owners of a residential building or, where the association has not been established or the association manages more than one multi-apartment residential building, a consent of the majority of owners of the residential building’s premises and tenants of non-privatised apartments (the persons signing the consent may indicate therein the time of trade in alcoholic beverages).
5. The municipal council shall establish the procedure of licence issuance for retail trade and publish it in the mass media. The Drug, Tobacco and Alcohol Control Department shall control the activities related to issuance of licences in the municipalities.
6. The licences to engage in retail trade in alcoholic beverages must, inter alia, also have entries indicating the groups of alcoholic beverages the sale of which is permitted, as well as the location of sale and storage of the alcoholic beverages.
7. The Government of the Republic of Lithuania shall set out the regulations of licensing wholesale and retail trade in alcohol products, based upon this Law, the Civil Code and the requirements of EU 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 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 not recorded on the licences for the production, import and sale thereof, and alcohol products without holding the mandatory legally valid documents of product acquisition or transportation;
3) alcoholic beverages (except beer, beer blends with non-alcoholic beverages and naturally-fermented cider of not more than 7.5 % ethyl alcohol by volume) not labelled 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) 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 alcoholic beverages;
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 of the Republic of Lithuania (hereinafter referred to as “the Ministry of Health”);
10) contraband alcohol products;
11) alcohol products without holding a licence issued according to the procedure established by the Government of the Republic of Lithuania;
12) alcohol products without holding at the place of their sale/storage a copy of mandatory legally valid documents of product acquisition or transportation.
2. Undertakings, European legal persons and their branches, representations of foreign legal persons in the Republic of Lithuania 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 not recorded on the licences for the production, import and sale thereof, and alcohol products without holding the mandatory legally valid documents of acquisition or transportation of such products;
3) alcoholic beverages (except beer, beer blends with non-alcoholic beverages and naturally-fermented cider of not more than 7.5 % ethyl alcohol by volume) not labelled 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 licence 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;.
10) alcohol products without holding at the place of their sale/storage and/or during their transportation a copy of mandatory legally valid documents of acquisition or transportation of such products;
11) alcoholic beverages in an open packaging in the passenger compartment of a car.
3. The requirements of subparagraph 9 of paragraph 2 of this Article shall not apply to:
1) the alcoholic beverages which are stored or transported by the undertakings which use these beverages as food product raw materials, also undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania 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) the ethyl alcohol stored and transported by the undertakings entitled to import ethyl alcohol of agricultural origin;
3) the raw materials stored and transported by the 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) the alcoholic solutions stored and transported by the 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) the alcohol products which are stored or transported by the persons providing transport services and economic entities of other European Economic Area states and Turkey who are in possession of the mandatory legally valid documents of the acquisition or transportation of these products;
6) the alcoholic beverages which are stored and transported by managers of ships and owners (or users) of aircrafts supplying alcoholic beverages as stocks to their ships or aircrafts carrying passengers on international routes;
7) ethyl alcohol which is used in production (including production of bio-fuels or the fuel compounds which conform to standards or statutory requirements, where this production uses non-denatured dehydrated and dehydrated denatured ethyl alcohol as well as the cases when using ethyl alcohol during the manufacturing operations it turns into another alcohol product which is fully used up for the production of any other end product which is not an alcohol product) as well as for technical, medical, veterinary needs or for scientific research operations and which is acquired, stored, transported and used by the undertakings, European legal persons and their branches which hold the authorisations issued according to the procedure established by the Government of the Republic of Lithuania, with the exception of the cases specified by the Government of the Republic of Lithuania when the authorizations are not mandatory. A state fee shall, in accordance with the procedure laid down by the Law of the Republic of Lithuania on Fees and Charges and the Law of the Republic of Lithuania, be charged for the issuing of an authorisation to purchase non-denatured ethyl alcohol, an authorisation to purchase and/or use denatured ethyl alcohol.
4. Natural persons shall be prohibited from consuming, storing and transporting alcohol products in an open packaging in the passenger compartments of cars, with the exception of the motor vehicles which have a fixed partition between the passenger and driver compartments. Natural persons who possess a business certificate which grants the right to engage in catering trade in foodstuff and who carry out the activities provided for in such a business certificate shall be prohibited from storing and transporting alcohol products in automobile-shops specially adjusted for the said trade during their working hours; taxi drivers shall also be prohibited from storing and transporting alcohol products in taxicabs during their working hours. The procedure for storing and transporting alcohol products, which is applied to natural persons, shall be established by the Government of the Republic of Lithuania or an institution authorised by it.
5. The undertakings which hold licences to produce alcohol products, engage in wholesale trade therein as well as the undertakings, European legal persons and their branches which hold licences to engage in retail sale of alcoholic beverages shall be prohibited from authorising other persons to engage in the activities indicated in the licence or to transfer this right to other persons under a contract.
6. The undertakings which hold licences to engage in wholesale trade in alcoholic beverages shall be permitted to acquire them in the Republic of Lithuania only from the undertakings which hold licences to produce alcoholic beverages, licences to engage in wholesale trade in them, and to sell them to the undertakings which hold licences to engage in wholesale or retail trade therein, also, in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it, to undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania purchasing alcoholic beverages for representational needs, to managers of ships and owners (users) of aircrafts supplying alcoholic beverages as stocks to their ships or aircrafts carrying passengers on international routes, to undertakings using alcohol products as the raw material of food products, economic entities of other European Economic Area states and Turkey and to foreign state diplomatic missions, consular posts and representations of international organisations accredited with the Foreign Affairs Ministry of the Republic of Lithuania. The undertakings which hold licences to engage in wholesale trade in alcoholic beverages shall also be permitted to acquire in the Republic of Lithuania for representational needs from the undertakings, European legal persons and their branches which hold licences to engage in retail trade in alcoholic beverages the alcoholic beverages of the types trade in which is not permitted under the licence which they hold.
7. The undertakings, European legal persons and their branches which hold licences to engage in retail trade in alcoholic beverages shall be permitted to acquire them in the Republic of Lithuania only from the undertakings which hold licences to produce alcoholic beverages or licences to engage in wholesale trade therein and shall be permitted to sell them to natural persons and also, in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it, to undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania which are purchasing alcoholic beverages for representational needs, to undertakings using alcoholic beverages as the raw material of food products, and to foreign state diplomatic missions, consular posts and representations of international organisations accredited with the Foreign Affairs Ministry of the Republic of Lithuania. The undertakings, European legal persons and their branches which hold licences to engage in retail trade in alcoholic beverages shall also be permitted to acquire in the Republic of Lithuania for representational needs from the undertakings which hold licences in engage in retail trade in alcoholic beverages the alcoholic beverages of the types trade in which is not permitted under the licence which they hold.
8. The undertakings which hold licences to produce alcoholic beverages shall be permitted to sell them to:
1) the undertakings which hold licences to engage in wholesale or retail trade in alcoholic beverages;
2) the undertakings which use these beverages as raw materials of food products;
3) undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania which 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 European Economic Area states and Turkey;
5) managers of ships and owners (or users) of aircrafts supplying alcoholic beverages as stocks to their ships or aircrafts carrying passengers on international routes.
9. The undertakings which hold licences to produce ethyl alcohol or engage in wholesale trade therein shall be permitted to sell it to:
1) the undertakings, European legal persons and their branches which use ethyl alcohol for production, technical, medical, veterinary needs and in scientific research operations, according to the procedure established by the Government of the Republic of Lithuania;
2) the undertakings which hold licences to engage in wholesale trade therein;
3) economic entities of other European Economic Area states and Turkey.
10. The undertakings which hold licences to produce raw materials or engage in wholesale trade therein shall be permitted to sell them to:
1) the undertakings which hold licences to produce alcohol products, licences to engage in wholesale trade in raw materials;
2) the undertakings using cider, grape, fruit and berry wine raw materials in the production of vinegar;
3) economic entities of other European Economic Area states and Turkey.
11. The undertakings which hold licences 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) the undertakings using alcoholic solutions for production needs;
2) the undertakings which hold licences to engage in wholesale trade in alcoholic solutions;
3) economic entities of other European Economic Area states and Turkey.
12. The undertakings which hold licences to produce alcohol products and licences to engage in wholesale trade therein shall also be permitted to export these products.
13. The undertakings, European legal persons and their branches which, in accordance with the established procedure, have acquired ethyl alcohol for production, technical, medical, veterinary needs and scientific research operations shall be prohibited from using it for other purposes.
Article 18. Procedure of Retail Trade in Alcoholic Beverages
1. In the Republic of Lithuania, it shall be permitted to sell:
1) alcoholic beverages at permanent shops selling alcoholic beverages, permanent shops’ departments selling alcoholic beverages, permanent catering establishments, in general sections of permanent petrol stations, when carrying out only retail trade activities, and of permanent shops located in rural settlements, international trains, narrow-gauge railway trains and ships which have set up separate catering places, aircrafts carrying passengers on international routes, at exhibitions and fairs which are held in permanent buildings, in mini-bars installed in hotel rooms, as well as in special sales outlets;
Version of paragraph 1 as of 1 January 2016:
1) alcoholic beverages at permanent shops selling alcoholic beverages, departments selling alcoholic beverages, permanent catering establishments, in general sections of permanent shops located in rural settlements, international trains, narrow-gauge railway trains and ships which have set up separate catering places, aircrafts carrying passengers on international routes, at exhibitions and fairs which are held in permanent buildings, in mini-bars installed in hotel rooms, as well as in special sales outlets;
2) naturally fermented cider, beer and beer blends with non-alcoholic beverages the ethyl alcohol by volume of which does not exceed 7.5 % and which are bottled by the plant in pavilions, automobile-shops (which serve the rural population according to the procedure established by a municipal council) and in general sections of permanent retail establishments;
Version of subparagraph 2 as of 1 January 2016:
2) naturally fermented cider, beer and beer blends with non-alcoholic beverages, bottled by the plant, the ethyl alcohol strength of which by volume does not exceed 7.5 %) in pavilions, automobile-shops (which serve the rural population according to the procedure established by a municipal council);
3) alcoholic beverages the ethyl alcohol by volume of which does not exceed 22 %, in temporary catering establishments during a resort, recreational and tourist season period set by a municipal council;
4) naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 13 %, at exhibitions;
5) naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 6 %, at mass events and fairs.
2. Repealed on 1 August 2007.
3. In the Republic of Lithuania, the sale of alcoholic beverages shall be prohibited:
1) in places of confinement, the premises housing military and equated services, the police and other statutory, health care, education establishments and areas thereof, also in the vicinity of these establishments and houses of prayer (at a distance specified by the municipal council subject to co-ordination respectively with heads of these institutions and religious communities);
2) in the retail establishments in which the amount of goods intended for children and adolescents comprises 30 or more per cent of the turnover of the retail goods;
3) at mass events and fairs (except for the naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 6 %) and at the exhibitions (except for the naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 13 %);
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, the aircrafts carrying passengers on international routes, at the exhibitions and fairs held in permanent buildings, in mini-bars installed in hotel rooms as well as in the cases listed in subparagraphs 2-4 of paragraph 1 of this Article;
7) at the retail establishments, catering establishments 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 the ethyl alcohol by volume of which does not exceed 6 %;
10) on 1 September each year, except for catering establishments. This prohibition shall not apply to the alcoholic beverages sold in catering places, on international trains, ships, aircrafts carrying passengers on international routes, in mini-bars installed in hotel rooms as well as in the tax-free shops and special sales outlets;
11) to sell alcoholic beverages from 22:00 to 8:00 in retail establishments (with the exception of the cases limited by municipal councils). This prohibition shall not apply to the alcoholic beverages sold on international trains, ships, aircrafts carrying passengers on international routes, in the tax-free shops and special sales outlets;
12) during concerts, theatre performances, circus shows and other events intended for children;
13) from 22:00 to 8:00 in catering establishments holding licences to engage in retail trade in alcoholic beverages. This prohibition shall not apply in catering establishments, holding licences to engage in retail trade in alcoholic beverages, when selling alcoholic beverages on tap or alcoholic beverages which are sold in an open packaging to be consumed at the point of sale.
4. It shall be prohibited to sell in the Republic of Lithuania:
1) alcoholic beverages on tap. This prohibition shall not apply to the alcoholic beverages sold at permanent catering establishments, at the exhibitions and fairs taking place in permanent buildings, international trains, narrow-gauge railway trains and ships which have separately set up catering places, the aircrafts carrying passengers on international routes, the alcoholic beverages (ethyl alcohol by volume of which does not exceed 22 %) sold at temporary catering establishments during a resort, recreational and tourist season period established by a municipal council, also beer, beer blends with non-alcoholic beverages and naturally-fermented cider sold in company shops of production undertakings, beer, beer blends with non-alcoholic beverages and naturally-fermented cider (ethyl alcohol by volume of which does not exceed 6 %) on tap sold at mass events, exhibitions and fairs;
2) alcoholic beverages to intoxicated persons;
3) alcoholic beverages to persons under 18 years of age;
4) alcoholic beverages belonging to the groups of beer, fermented beverages, alcoholic cocktails bottled in packaging of more than 1 litre, except the cases where such beverages are bottled in glass, ceramic, wooden or metal packaging, in retail sales outlets;
5) alcoholic beverages belonging to the groups of beer, fermented beverages, alcoholic cocktails the ethyl alcohol by volume of which exceeds 7.5 %, bottled in packaging of more than 0.5 litre, except the cases where such beverages are bottled in glass, ceramic, wooden or metal packaging).
5. The salespersons of alcoholic beverages shall have the right, and when doubts shall arise that a person is younger than indicated in subparagraph 3 of paragraph 4 of this Article 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 salespersons of alcoholic beverages must refuse to sell him alcoholic beverages.
6. Purchasers of alcoholic beverages shall have the right to obtain comprehensive, correct, accurate and straightforward information concerning the goods being purchased.
7. The Government of the Republic of Lithuania shall approve rules for the retail trade in alcoholic beverages in accordance with this Law and the Civil Code.
8. Municipal councils shall have the right to restrict or prohibit trade in alcoholic beverages on holidays and mass event days.
9. Taking into consideration the location of trade in alcoholic beverages and the opinion of residents, societies, communities or representatives thereof, public organisations or other institutions as stated in writing, proposals of police commissioner’s offices, municipal councils shall have the right to restrict the time during which it is allowed to sell alcoholic beverages, not to issue a licence to engage in retail trade in alcoholic beverages.
CHAPTER IV
REFUSAL TO ISSUE A LICENCE AND AN AUTHORISATION
Article 181. Refusal to Issue a Licence
Licences to produce alcohol products, to engage in wholesale trade in them or to engage in retail trade in alcoholic beverages shall not be issued in the following cases:
1) the undertaking, European legal person or its branch which applies for a licence (hereinafter referred to as “an applicant”), submits not all necessary documents and fails to meet the requirements of the licensing authority to submit the missing documents;
2) the applicant submits documents which are insufficiently or incorrectly filled in and fails to meet the requirements of the licensing authority to address these shortcomings;
3) the applicant submits the documents which do not comply with the set requirements and fails to meet the requirement of the licensing authority to address these shortcomings;
4) the applicant has tax arrears to the state budget of the Republic of Lithuania, municipal budget or foundations the taxes paid to which are administered by the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania (hereinafter referred to as “the State Tax Inspectorate”) (with the exception of the cases where the payment of taxes, interest charged for late payment, fines has been postponed in accordance with the procedure laid down by the legal acts of the Republic of Lithuania or a tax dispute is in progress concerning these taxes, interest charged for late payment, fines) and the applicant is indebted to the budget of the State Social Insurance Fund. This provision shall not apply to the applicants holding licences to engage in the retail trade in alcoholic beverages and wishing to obtain a onetime licence to sell these beverages in public events, exhibitions and fairs;
5) the licence has been revoked for the applicant on the grounds of the requirements laid down in paragraphs 17 and/or subparagraph 4 of paragraph 19 of Article 34 of this Law (licences shall not be issued at all);
6) the heads of the applicants were the heads of the undertakings or European legal persons or their branches for whom the licences were revoked in the cases specified in paragraphs 17 and/or subparagraph 4 of paragraph 19 of Article 34 of this Law, or other employees referred to in paragraph 17 of Article 34 of this Law (licences shall not be issued at all);
7) a judgment of conviction has become effective or a judgment or a decision of the court, a decision of the customs, the State Tax Inspectorate, the police, the State Food and Veterinary Service or the Drug, Tobacco and Alcohol Control Department concerning the imposition of a fine or penalty has become effective in respect of the applicants or their heads or other employees (if they have acted on behalf of the applicant 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 (licences shall not be issued at all);
8) the heads of the applicants were the heads of the undertakings, European legal persons or their branches in which the fact of production, trade and/or stocking, transportation of alcoholic beverages without possessing the licence issued in accordance with the procedure laid down by the Government of the Republic of Lithuania was established (licences shall not be issued for five years from the date of the establishment of the said violation);
9) if the undertaking, European legal person or its branch has not been issued a certificate approved by the food handling business (this provision shall not apply to the undertakings wishing to obtain a licence to produce denatured ethyl alcohol and/or non-alimentary alcoholic solutions with fragrant material additives or to engage in wholesale trade in them).
Article 182. Other Cases of Refusal to Issue a Licence
1. Besides the cases provided for in Article 181 of this Law, licences to produce alcohol products shall not be issued also in the following cases:
1) the licence to produce alcohol products has been revoked for the undertaking in the cases specified in subparagraphs 1 and/or 5 of paragraph 19 of Article 34 of this Law (licences shall not be issued for one year from the date of the revocation of the previously possessed licence);
2) the licence to produce alcohol products has been revoked for the undertaking in the case specified in paragraph 16 and/or subparagraph 3 of paragraph 19 of Article 34 of this Law (licences shall not be issued for five years from the date of the revocation of the previously possessed licence);
3) the heads of the undertakings wishing to acquire licences were the heads of the undertakings for which the licences to produce alcohol products were revoked in the cases specified in paragraph 16 of Article 34 of this Law (licences shall not be issued for five years from the date of the revocation of the previously possessed licence);
2. Besides the cases provided for in Article 181 of this Law, licences to engage in wholesale trade in alcohol products shall not be issued in the following cases:
1) the licence to engage in wholesale trade in alcohol products has been revoked for the undertaking in the cases specified in subparagraphs 1, 2 and/or 5 of paragraph 19 of Article 34 of this Law (licences shall not be issued for one year from the date of the revocation of the previously possessed licence);
2) the licence to engage in wholesale trade in alcohol products has been revoked for the undertaking in the cases specified in paragraph 16 and/or subparagraph 3 of paragraph 19 of Article 34 of this Law (licences shall not be issued for five years from the date of the revocation of the previously possessed licence);
3) the heads of the undertakings wishing to acquire licences were the heads of the undertakings for which the licences to engage in wholesale trade in alcohol products were revoked in the cases specified in paragraph 16 of Article 34 of this Law (licences shall not be issued for five years from the date of the revocation of the previously possessed licence);
4) the undertaking fails to fulfil obligations to the customs;
5) the warehouses of the undertakings wishing to acquire licences, from where wholesale trade in alcohol products will be carried out and/or in which such products shall be stored, do not meet the requirements defined in legal acts.
3. Besides the cases provided for in Article 181 of this Law, licences to engage in retail trade in alcoholic beverages shall not be issued in the following cases:
1) the licence to engage in retail trade in alcoholic beverages has been revoked for the applicant in the cases specified in subparagraphs 1, 2 and/or 5 of paragraph 19 of Article 34 of this Law (licences shall not be issued for one year from the date of the revocation of the previously possessed licence);
2) the licence to engage in retail trade in alcoholic beverages has been revoked for the applicant in the cases specified in paragraph 16, 18 and/or subparagraph 3 of paragraph 19 of Article 34 of this Law (the licence to engage in retail trade in alcoholic beverages in that sales outlet in which the violation has been established shall not be issued for the undertaking, European legal person and its branch which committed the violation for one year from the date of the revocation of the previously possessed licence);
3) when trading in alcoholic beverages at mass events, exhibitions and fairs the undertaking, European legal person or its branch has violated the requirement laid down in subparagraph 3 of paragraph 4 of Article 18 of this Law. In this case a one-time licence to engage in retail trade in alcoholic beverages at mass events, exhibitions and fairs shall not be issued for one year from the date of the establishment of the violation in that municipality in which the said violation has been established;
4) the undertaking fails to fulfil the obligations to the customs (this shall apply to the undertakings wishing to acquire licences to engage in retail trade in alcoholic beverages in tax-free shops);
5) where the municipal council, taking into consideration the location of trade in alcoholic beverages, the opinion of residents, societies, communities or representatives thereof, public organisations or other institutions as stated in writing, proposals of police commissioner’s offices, adopts a reasoned decision not to issue a licence.
Article 183. Refusal to Issue an Authorisation
Authorisations to purchase non-denatured ethyl alcohol and authorisations to purchase and/or use denatured ethyl alcohol shall not be issued in the following cases:
1) the undertaking, European legal person or its branch submits not all necessary documents, documents which are insufficiently or incorrectly filled in and fails to meet the requirements of the body issuing authorisations to submit the lacking documents or to address these shortcomings;
2) the undertaking, European legal person or its branch furnish false data and fails to meet the requirement of the body issuing authorisations to furnish correct data;
3) a judgment of conviction has become effective or a judgment or a decision of the court, a decision of the customs, the State Tax Inspectorate, the police, the State Food and Veterinary Service or the Drug, Tobacco and Alcohol Control Department concerning the imposition of a fine or penalty has become effective in respect of the undertaking, European legal person or its branch or their heads (if they acted on behalf or in the interest of the undertaking, European legal person or its branch) 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 (licences shall not be issued at all);
4) the ethyl alcohol specified in the application of the undertaking, European legal person or its branch does not meet the fields of use of formulas of denaturation of ethyl alcohol as set out in legal acts;
5) the licence has been revoked for the undertaking, European legal person or its branch in the cases specified in paragraph 20 of Article 34 of this Law (licences shall not be issued for one year from the date of the revocation thereof);
CHAPTER IV
REDUCTION AND CONTROL OF ALCOHOLIC BEVERAGE CONSUMPTION
SECTION ONE
ORGANISATIONAL MEASURES TO REDUCE
GENERAL CONSUMPTION OF ALCOHOL
Article 19. Planning of Reduction in General Consumption of Alcohol
Long-term indicators of reduction in the general consumption of alcohol must be established in a programme of the Government of the Republic of Lithuania.
Article 20. Statistics of the Harm Caused to Health and Economy through the Consumption of Alcohol products
1. Monitoring of the consumption of alcohol and the harm caused by it to health and the economy shall be 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 Republic of Lithuania Law on Statistics shall establish the legal grounds of organisation of selective statistical research on alcohol consumption and the harm caused by it to health and the 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
1. In the Republic of Lithuania, consumption of alcoholic beverages shall be prohibited in:
1) places of confinement, the premises housing military and equated services, the police and other statutory, health care, education establishments and areas thereof;
2) state and municipal institutions and agencies. This provision shall not apply to official receptions, other functions involving protocol, ceremonies of registration of marriages carried out on the premises of the said institutions and agencies, as well as to the catering establishments set up in these institutions and agencies, where the undertakings have licences to engage in retail trade in alcoholic beverages;
3) all types of public transport, except for international trains, narrow-gauge railway trains and the ships which contain separate catering establishments, and also the aircrafts flying beyond the borders of the Republic of Lithuania;
4) in public places, except for the catering establishments holding licences to engage in retail trade in alcoholic beverages, and at exhibitions, fairs and mass events where undertakings, European legal persons and their branches have been issued licences in accordance with the procedure laid down by municipal councils to engage in the sale of alcoholic beverages;
5) sports halls during sports events which take place in these halls..
2. In the Republic of Lithuania persons under the age of 18 shall be prohibited from consuming alcoholic beverages or from having them.
3. Undertakings, European legal persons and their branches having licences to engage in retail trade of alcoholic beverages and engaged in mass catering operations must ensure that persons under the age of 18 would not consume alcoholic beverages in locations of their sale.
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 Science must draft health promotion programmes in all general education schools and other educational establishments and include health promotion issues in newly published textbooks.
2. All educational establishments must, subject to co-ordination with the Ministry of Health, include in programmes of education information on alcoholic beverages, the damage caused by them to health and the economy, and also on the creation of an environment favourable to health preventing 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 the 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.
Version of Article 24 until 30 September 2014:
Article 24. Programmes 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 approved general appropriations from the State Budget and from the State Investment Programme to appropriate ministries, state institutions and other economic entities responsible for the implementation of the programme as well as other funds.
3. Municipalities shall draft, approve, fund and implement municipal programmes of alcohol control.
4. Other natural and legal persons may also draft other alcohol control programmes and submit proposals regarding their drafting and implementation to the Government of the Republic of Lithuania, the National Health Council and other institutions which form and implement the State alcohol control policy.
Version of Article 24 as of 1 October 2014:
Article 24. Planning of Alcohol Control Measures
Seeking to implement the purposes of this Law the Government of the Republic of Lithuania, ministries, government or other agencies, which are assigned in legal acts to prepare strategic planning documents, shall provide for alcohol control measures in their strategic planning documents. Seeking to implement the purposes of this Law the municipal institutions shall provide for alcohol control measures in a municipal strategic development plan and/or a municipal strategic action plan.
Article 25. Sponsorship of Action Programmes of Temperance Organisations
Action 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 Republic of Lithuania Law on Charity and Sponsorship;
3) from other funds.
SECTION TWO
RESTRICTION OF ALCOHOL ABUSE
Article 26. Procedure of Insobriety (Drunkenness) Control
1. Employees, where there are reasons to believe that they work intoxicated (drunken), persons driving (piloting) means of surface, water or air transport in the Republic of Lithuania may be tested for insobriety (drunkenness) and the amount of alcohol in the blood or exhaled air. Employers must ensure that prior to a journey verification be done to see whether their employees who drive (pilot) the means of transport of undertakings, agencies 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 the persons driving (piloting) means of transport and of other persons, the permitted maximum concentration of ethyl alcohol in the exhaled air, blood and other body fluids of the persons during driving (piloting) or work.
Article 27. Organisation of Narcological Supervision
1. Narcological supervision shall be performed in accordance with the procedure established by the Republic of Lithuania Law on Narcological Supervision, other laws and legal acts.
2. The 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 cause harm to their own health and life or that of the people around them by their actions (or a failure to act).
3. The competence of the persons who exhibit the alcohol dependency syndrome may be restricted in the cases and in accordance with the procedure laid down by law.
SECTION THREE
RESTRICTION OF PROMOTION OF SALE AND
ADVERTISING OF ALCOHOLIC BEVERAGES
Article 28. Restriction of Promotion of Alcoholic Beverage Sales
1. The undertakings, European legal persons and their branches having the right to sell alcoholic beverages shall be prohibited from employing the following means of promoting alcoholic beverage sales:
1) to give alcoholic beverages as a premium, a supplement to an item of 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 specialised 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, and 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 enhanced sexual activity;
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 misleading 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 the newspapers, journals, books, television and radio programmes aimed at children and adolescents;
3) in programmes broadcast by the broadcasters and re-broadcasters under the jurisdiction of the Republic of Lithuania, being broadcast from 6:00 to 23:00 (except for the international art, cultural or sports events broadcast or rebroadcast directly or continuously);
4) at concerts, circus, discotheques, youth sport and leisure time events, other mass events, theatre presentations, movie and video film demonstration locations, except for the 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 means of public transport;
8) at petrol stations and areas thereof, except for the 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, beer blends with non-alcoholic beverages and naturally fermented wine and cider, shall be prohibited in the Republic of Lithuania.
5. In outdoor advertising of beer and beer blends with non-alcoholic beverages 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 the specialists engaged in alcohol business, also the registered names of the undertakings, European legal persons and their branches which produce or sell alcoholic beverages (if the name of the producer of the alcoholic beverages is an integral part of the registered name of these undertakings, European legal persons or their branches) and trademarks, when these names and trademarks are displayed on signboards on the building of the headquarters or division of these undertakings, European legal persons or their branches and on the transport of the undertakings, European legal persons or their branches shall not be treated as advertising. The registered names or trademarks of the undertakings, European legal persons or their branches producing or selling alcoholic beverages, when these names or trademarks are seen irregularly and unexpectedly during the programmes broadcast or rebroadcast and when images of these names and trademarks are auxiliary compared to images of the programme broadcast or rebroadcast shall neither be treated as advertising.
7. Compliance with the requirements set in this Article shall be controlled by the Drug, Tobacco and Alcohol Control Department, municipal institutions (violations of prohibitions in outdoor advertising).
CHAPTER V
COMPETENCE OF STATE ALCOHOL CONTROL MANAGEMENT INSTITUTIONS
Article 30. System of Formulating of State Alcohol Control Policy
The Seimas of the Republic of Lithuania, the Government of the Republic of Lithuania, the National Health Council, municipal councils and other institutions specified by the law shall, within the scope of their competence, formulate and co-ordinate the State alcohol control policy. Their powers in the area of alcohol control shall be established by this Law and other laws and legal acts.
Article 31. System of Executive Institutions in State Alcohol Control Policy
The ministries, the Drug, Tobacco and Alcohol Control Department, the State Food and Veterinary Service, other state institutions, municipal executive institutions, the police, and healthcare establishments shall, within the scope of their competence, carry out State alcohol control. Their competence within the area of alcohol control shall be established by this Law and other laws and legal acts.
Article 32. State Tobacco and Alcohol Control Service
The competence of the Drug, Tobacco and Alcohol Control Department shall be established by the Republic of Lithuania Law on the Health System, this Law and Regulations of the Drug, Tobacco and Alcohol Control Department approved by the Government of the Republic of Lithuania.
CHAPTER VI
PROCEDURE FOR HOLDING A PERSON LIABLE FOR VIOLATIONS 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 subject to administrative liability under the law.
2. The contraband, counterfeit alcohol products, alcoholic beverages without special tax stamps and without holding a licence issued in accordance with the established procedure which are sold, held in stock and transported in the Republic of Lithuania, also the 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 Republic of Lithuania Code of Administrative Offences (hereinafter referred to as the “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 this Law
1. The Drug, Tobacco and Alcohol Control Department, the State Food and Veterinary Service, the State Tax Inspectorate, the institution authorised by the Government of the Republic of Lithuania to issue licences for the import of 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 against undertakings, European legal persons and their branches and representative offices of foreign legal persons in the Republic of Lithuania.
2. For production and sale of the alcohol products which do not conform to the safety and quality requirements in force in the Republic of Lithuania, import of ethyl alcohol of agricultural origin, production, stocking, transportation and sale of alcohol products without possessing an appropriate licence for this activity, also for a failure to comply with the requirements set forth in subparagraphs 2-11 of paragraph 1, subparagraphs 2-9 of paragraph 2, paragraphs 5-11 and 13 of Article 17 of this Law as well as for a violation of the restrictions or prohibitions concerning trade in alcoholic beverages on holidays and mass event days as established by municipal councils, undertakings, European legal persons and their branches and representative offices of foreign legal persons in the Republic of Lithuania shall incur a fine in the amount from LTL 1000 to LTL 50 000.
3. For a failure to comply with the requirements set forth in subparagraphs 1 and 12 of paragraph 1, subparagraphs 1, 10 and 11 of paragraph 2 of Article 17, paragraphs 1 and 3, subparagraphs 1 and 2 of paragraph 4 and paragraph 9 of Article 18, and paragraph 3 of Article 22 of this Law, undertakings, European legal persons and their branches and representative offices of foreign legal persons in the Republic of Lithuania shall incur a fine in the amount from LTL 500 to LTL 2000, and for repeated non-compliance with the said requirements committed during a two-year period from the imposition of the fine, in the amount from LTL 2000 to LTL 5000.
4. For a failure to comply with the requirement of subparagraph 3 of paragraph 4 of Article 18 of this Law, undertakings, European legal persons and their branches shall incur a fine in the amount from LTL 1000 to LTL 3000.
5. For a failure to comply with the requirements of Article 28 of this Law, undertakings, European legal persons and their branches shall incur a fine in the amount from LTL 1000 to LTL 10 000, and for each repeated non-compliance with the same requirement committed during a two-year period from the imposition of the fine, in the amount from LTL 10 000 to LTL 20 000.
6. For a failure to comply with the requirements of Article 29 of this Law, undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania shall incur a fine in the amount from LTL 10 000 to LTL 50 000, and for each repeated violation of that same requirement committed within two years from imposition of the fine, in the amount from LTL 50 000 to LTL 100 000.
7. The specific amount of an imposed fine shall be set by taking into account the nature of a violation and the extenuating or 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-compliance of the regulations established in this Law.
8. The fact that, having committed a violation, undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania 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 undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania 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 the alcohol products which do not conform to the safety and quality requirements and for a failure to comply with the requirements established in subparagraphs 1-6, 9, 11 and 12 of paragraph 1 and subparagraphs 1-5, 9 and 10 of paragraph 2 of Article 17, subparagraph 3 of paragraph 3 and subparagraph 1 of paragraph 4 of Article 18 of this Law shall be imposed by the State Food and Veterinary Service.
11. Fines for a failure to comply with the requirements of subparagraphs 2, 3, 7-12 of paragraph 1 and subparagraphs 2, 3, 6-11 of paragraph 2, paragraphs 5-11 and 13 of Article 17, paragraphs 1, 3, 4 and 9 of Article 18, paragraph 3 of Article 22 of this Law as well as for a violation of the restrictions or prohibitions concerning trade in alcoholic beverages on holidays and mass event days as established by municipal councils shall be imposed by the Drug, Tobacco and Alcohol Control Department and the police. The heads of police institutions or persons authorised by them shall have the right to impose fines on behalf of the police.
12. Fines for a failure to comply with the requirements of subparagraphs 2, 3, 7, 9-12 of paragraph 1, subparagraphs 2, 3, 6, 8, 9, 10 of paragraph 2 and paragraphs 5-11 and 13 of Article 17, paragraph 1, subparagraphs 6-8 of paragraph 3, subparagraph 1 of paragraph 4 of Article 18 of this Law shall be imposed by the State Tax Inspectorate.
13. Fines for the production of alcohol products without a licence required for this activity and for a failure to comply with the requirements laid down in subparagraph 6 of paragraph 1, subparagraph 5 of paragraph 2 of Article 17 and in Article 28 of this Law shall be imposed by the Drug, Tobacco and Alcohol Control Department and the State Food and Veterinary Service.
14. Fines for non-compliance with the requirements set in Article 29 of this Law shall be imposed by the Drug, Tobacco and Alcohol Control Department and municipal institutions (for violations in outdoor advertising).
15. An institution authorised by the Government of the Republic of Lithuania shall impose fines for importing ethyl alcohol of agricultural origin without possessing a licence for such an activity.
16. For the undertakings having licences to produce alcohol products or licences to engage in wholesale trade in alcohol products which have violated the requirements of subparagraphs 2, 4, 8 and/or 9 of paragraph 1 and subparagraphs 2, 4 and/or 7 of paragraph 2 of Article 17 of this Law, the licences shall be revoked and new licences shall not be reissued for five years from the day of the revocation of the licences. For the undertakings having licences to engage in retail trade in alcohol beverages which have violated the requirements of subparagraphs 2, 4, 8 and/or 9 of paragraph 1 and subparagraphs 2, 4 and/or 7 of paragraph 2 of Article 17 of this Law, the licence to engage in retail trade in alcohol beverages at a sales outlet where a violation has been established shall be revoked, and a new licence shall not be reissued for one year from the day of the revocation of the licence.
17. The licences shall be revoked and licences shall not be reissued to undertakings, European legal persons and their branches if a judgment of conviction has become effective or a judgement or a decision of the court, a decision of the customs, the State Tax Inspectorate, the police, the State Food and Veterinary Service or the Drug, Tobacco and Alcohol Control Department concerning the imposition of a fine or penalty has become effective in respect of them or in respect of their heads or other employees (if they have acted on behalf of the undertaking, European legal person or its branch 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.
18. Undertakings, undertakings, European legal persons and their branches possessing a licence to engage in retail trade in alcoholic beverages (except for the undertakings, undertakings, European legal persons and their branches possessing one-time licences to engage in retail trade in alcoholic beverages at mass events, exhibitions and fairs) which within three years from the imposition for the first time of a fine for violation of the requirement set in subparagraph 3 of paragraph 4 of Article 18 of this Law repeatedly commits a violation of the said requirement in the same sales outlet shall have its licence revoked at the sales outlet where violations have been established, and a new licence shall not be reissued for one year from the day of revocation of the licence.
19. The licences to produce alcoholic beverages, to engage in wholesale trade in alcoholic beverages or to engage in retail trade in alcoholic beverages shall be revoked also in the following cases:
1) where it transpires that the incorrect data have been submitted by the undertaking, European legal person or its branch in order to obtain the licence;
2) the undertaking, European legal person or its branch whose licences to engage in wholesale trade in alcoholic beverages or to engage in retail trade in alcoholic beverages has not eliminated the specified violations of the licensed activities;
3) the undertaking, European legal person or its branch fails to comply with the requirements set in paragraphs 5-11 of Article 17 of this Law;
4) after the change of the head of the undertaking, European legal person or its branch it transpires that a judgment of conviction has become effective or a judgement or a decision of the court, a decision of the customs, the State Tax Inspectorate, the police, the State Food and Veterinary Service or the Drug, Tobacco and Alcohol Department concerning the imposition of a fine or penalty has become effective in respect of the new head of the undertaking 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, and the undertaking, European legal person or its branch fails to replace the said head within the time limit set by the licensing authority;
5) the undertaking, European legal person or its branch engages in the activities specified in the licence or stocks the alcohol products specified in the licence not in the place indicated in the licence;
6) where there is a notification of a territorial state food and veterinary service about the revocation for the established violations of the certificate on the approval of food handling business issued to the undertaking, European legal person or its branch (the licence to engage in retail trade in alcoholic beverages is revoked in that sales outlet for which the certificate on the approval of food handling business has been revoked, and those units for whom the certificate on the approval of food handling business has been revoked are struck off of the licences to produce alcohol products and to engage in wholesale trade);
7) the undertaking, European legal person or its branch submits an application for the revocation of the licence;
8) the undertaking, European legal person is under liquidation or a branch of the European legal person ceases to exist;
9) the undertaking, European legal person or its branch which was warned about a possible revocation of the licence has not eliminated the specified violations of the licensed activities within the set time limit.
20. Authorisations to buy non-denatured ethyl alcohol and authorisations to buy and/or use denatured ethyl alcohol shall be revoked if an undertaking, a European legal person or its branch:
1) fails to meet the requirements set out in paragraph 13 of Article 17 of this Law;
2) does not hold a copy of legally valid, mandatory documents pertaining to the acquisition or transportation of non-denatured ethyl alcohol and/or denatured ethyl alcohol.
21. Revocation of licences and authorisations shall not relieve undertakings, European legal persons and their branches from the payment of fines established in paragraphs 2, 3, 4, 5, and 6 of this Article and imposed on the undertakings, European legal persons or their branches.
22. Licences and authorisations shall be revoked by the institution which issued them.
Article 341. Warning about Possible Suspension or Revocation of a Licence, and the Revocation of a Licence
1. Undertakings having licences to engage in wholesale trade in alcoholic beverages shall be warned about a possible suspension of the licence if they have failed to notify the institution which issued the licence about a new head of the undertaking within ten working days from the start of his employment.
2. Undertakings, European legal persons and their branches having licences to engage in retail trade in alcoholic beverages shall be warned about a possible suspension of the licence if:
1) they fail to notify the institution which issued the licence about a new head of the undertaking, European legal person or its branch within ten working days from the start of his employment;
2) they fail to apply to the institution which issued the licence regarding the revision of the licence, when the municipal council, pursuant to paragraph 9 of Article 18 of this Law, restricts the time of trade in alcoholic beverages for the undertaking – within five working days from the receipt of the written notification of the municipal executive body about the restriction
3. Licences to engage in wholesale trade in alcohol products or retail trade in alcoholic beverages shall be revoked if:
1) the undertakings, European legal persons and their branches, which were warned about a possible suspension of the licence in accordance with paragraphs 1 and 2 of this Article, have not eliminated the specified violations within a time limit;
2) a notification of a territorial state food and veterinary service has been received about the suspension for the established violations of the certificate on the approval of food handling business issued to the undertaking, European legal person or its branch (the licence to engage in retail trade in alcoholic beverages is suspended in that sales outlet for which the certificate on the approval of food handling business has been suspended).
4. Undertakings, European legal persons and their branches having licences to engage in wholesale trade in alcohol products or retail trade in alcoholic beverages shall be warned about a possible revocation of the licence if after the change of the head of the undertaking, European legal person or its branch it transpires that a conviction regarding the imposition of a fine or penalty has become effective for the head of the undertaking, European legal person or its branch or a judgment or a ruling of the court, a decision of the customs, the State Tax Inspectorate, the police, the State Food and Veterinary Service or the Drug, Tobacco and Alcohol Department concerning the imposition of a fine or penalty 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.
5. Undertakings having licences to engage in manufacture of alcohol products shall be warned about a possible revocation of the licences if:
1) an undertaking’s laboratory for examining the quality of the alcohol products is not certified;
2) a beer production undertaking, which does not have its own laboratory, has produced more than 5 000 hectolitres of beer over one year;
3) an undertaking producing naturally fermented mead or fruit wine, which does not have its own laboratory, has produced more than 100 hectolitres of naturally fermented mead or fruit wine;
4) qualifications of the undertaking’s personnel do not meet the qualification requirements of the alcohol products manufacturing personnel, as approved by the State Food and Veterinary Service;
5) an undertaking fails to present or presents false reports on alcohol product manufacturing and sales;
6) if after the change of the head of an undertaking it transpires that a conviction regarding the imposition of a fine or penalty has become effective for a new head of the undertaking or a judgment or a ruling of the court, a decision of the customs, the State Tax Inspectorate, the police, the State Food and Veterinary Service or the Drug, Tobacco and Alcohol Department concerning the imposition of a fine or penalty 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;
7) if after the change of the head of an undertaking it transpires that a new head of the undertaking is or was the head of the undertakings for whom, in pursuance of paragraph 16 of Article 34 of this law, the licence to manufacture alcohol products was revoked or where alcohol products were manufactured, sold and (or) stored, transported without the licence issued in accordance with the procedure laid down by the Government of the Republic of Lithuania and less than five years have elapsed since the date of the revocation of the licences previously possessed by those undertakings.
Article 35. Record of Law Violations and Time Limits of Hearing of Cases
1. The employees (officers) of the control institutions indicated in paragraph 1 of Article 34 of this Law who have the authorisation therefor shall, having determined that the requirements of this Law have been violated, draw up a record of the content set forth in the Code of Administrative Offences.
2. The institutions indicated in paragraph 1 of Article 34 of this Law shall hear cases and impose fines within one month from the day of the establishment of a violation, however not later than within three years from the day of the commission of the violation, and in the event of a continuous violation – within three years from the day of transpiration thereof.
Article 36. Participants in 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 paragraph 1 of Article 34 of this Law, with whose interests the case being heard is linked;
3) representatives of state administration and municipal institutions and agencies upon their request;
4) experts and specialists and other persons on the decision of the institutions indicated in paragraph 1 of Article 34 of this Law.
2. The persons indicated in subparagraphs 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
Parties to proceedings shall be given written notification regarding the established violations of this Law, the time and place of the hearing of a case and shall also be offered access to the case material and requested to present written explanations.
Article 38. Hearing of a Case
1. A case shall be heard in the presence of parties to proceedings and other participants in the proceedings.
2. During the hearing of a 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 parties to proceedings do not participate in the hearing of a 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 a Case
1. The institutions indicated in paragraph 1 of Article 34 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;
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 paragraph 1 of Article 34 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. Recovery 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 Resolutions (Decisions) regarding Application of Economic Sanctions
1. The undertakings, European legal persons and their branches, representations of foreign legal persons in the Republic of Lithuania which object to the resolutions (decisions) of the institutions indicated in paragraphs 1 and 22 of Article 34 of this Law regarding application of economic sanctions shall have the right to appeal against the resolution (decision) to the court within a month’s period from the delivery of the resolution (decision) to them according to the procedure established by the Republic of Lithuania Law on Administrative Proceedings.
2. An appeal to the court shall suspend the implementation of the resolutions (decisions) of the institutions indicated in paragraphs 1 and 22 of Article 34 of this Law regarding the application of economic sanctions.
3. The court which considers a complaint, taking into account the nature of a violation, the scope thereof, extenuating and other relevant circumstances (because of which a respective fine would be for the offender evidently too big and not in proportion (not adequate) to the committed violation and, therefore, unjust) and acting in compliance with the criteria of fairness and prudence, shall have the right to impose a fine smaller than the minimum fine fixed in paragraphs 2, 3, 4, 5 and 6 of Article 34 of this Law.
4. The court which considers a complaint, taking into account the nature of a violation, the scope thereof, extenuating and other relevant circumstances and acting in compliance with the criteria of fairness and prudence, shall have the right to decide that a licence or an authorisation will not be revoked for the violations of paragraphs 16-20 of Article 34 of this Law, of because of certain significant circumstances an economic sanction – revocation of a licence or an authorisation – would be evidently too heavy and not in proportion (not adequate) to the committed violation and, therefore, unjust.
Article 42. Disputes about Violations of this Law
Disputes about violations of this Law shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS
Annex to
Republic of Lithuania
Law on Alcohol Control
IMPLEMENTED LEGAL ACTS OF THE EUROPEAN UNION
1. Council Regulation (EEC) no 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails (OJ 2004, special edition, chapter 3, volume 11, p 286), with the latest amendments adopted by Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 (OJ 2008 L 354, p 34 );
2. Council Recommendation of 5 June 2001 on the drinking of alcohol by young people, in particular children and adolescents;
3. Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ 2007 L 299, p 1) with the latest amendments adopted by Regulation (EU) No 1234/2010 of the European Parliament and of the Council of 15 December 2010 (OJ 2010 L 364, p 11);
4. Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ 2008 L 39, p 16);
5. Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (OJ 2008 L 114, p 3) with the latest amendments adopted by Commission Regulation (EU) No 449/2010 of 25 May 2010 (OJ 2010 L 127, p 1);
6. Commission Regulation (EC) No 423/2008 of 8 May 2008 on laying down certain detailed rules for implementing Council Regulation (EC) No 1493/1999 and establishing a Community code of oenological practices and processes (OJ 2008 L 127, p 13) with the latest amendments adopted by Commission Regulation (EC) No 1087/2008 of 5 November 2008 (OJ 2008 L 297, p 11);
7. Commission Regulation (EC) No 555/2008 of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ 2008 L 170, p 1) with the latest amendments adopted by Commission Regulation (EC) No 772/2010 of 1 September 2010 (OJ 2010 L 232, p 1);
8. Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept (OJ 2009 L 128, p 15) with the latest amendments adopted by Commission Regulation (EC) No 173/2011 of 23 February 2011 (OJ 2011 L 49, p 16);
9. Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ 2010 L 95, p 1).