← Lietuva

REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA Official translation REPUBLIC OF LITHUANIA LAW ON THE CONTROL OF PRECURSORS OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES 1 June 1999, No VIII-1207 as last amended on 8 October 2002 No. IX-1122 CHAPTER I GENERAL PROVISIONS Article I. The Scope

  1. This Law shall regulate the activities involving the precursors of narcotic drugs and psychotropic substances and their control in the Republic of Lithuania.
  2. The aim of this Law shall be to ensure that precursors are not diverted to the illicit manufacture of narcotic drugs and psychotropic substances as well as to approximate regulation of the control of precursors with the legislation of the European Union listed in the Annex to this Law.
  3. This Law shall not apply to products, compounds and natural products containing precursors which cannot be recovered and used for the illicit manufacture of narcotic drugs and psychotropic substances. Article
  4. Definitions
  5. Precursors of narcotic and psychotropic substances (hereinafter “precursors”) - chemical substances, salts of these substances, mixtures and natural products containing precursors frequently used for the illicit manufacture of narcotic drugs and psychotropic substances and are subject for this reason to control under the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, and are included in the list of precursors approved by the Ministry of Health.
  6. Narcotic drugs and psychotropic substances - natural or synthetic substances included in the lists of controlled substances approved by the Ministry of Health which, owing to their harmful effect or their abuse, pose a serious health hazard for human beings, manifesting itself in the psychic and physical dependence of an individual upon these substances or a threat to the health of human beings.
  7. Operator - any natural or legal person engaged in the activities involving precursors.
  8. Ultimate consignee - any natural or legal person to which a consignment of precursors is addressed. This natural or legal person may be different from the end-user.
  9. Import of precursors - entry of precursors into the customs territory of the Republic of Lithuania.
  10. Export of precursors - exit of precursors from the customs territory of the Republic of Lithuania.
  11. Transit of precursors - any transport of precursors through the customs territory of the Republic of Lithuania, with the customs supervision during the passage from one customs office at the border crossing point to another.
  12. Activities involving precursors - the manufacture, processing, storage, wholesale and retail trade, including broking and customs agent’s activities, as well as import, export, and transit of precursors.
  13. Open export authorisation – a document of the standard form issued by the institution authorised by the Government granting its holder the right to export precursors in category II for an indefinite time.
  14. Customer’s declaration – a document of the standard form prescribed by the institution authorised by the Government to be completed by the customer of precursors listed in category I and category II on the occasion of each transaction or a single declaration covering all transactions involving precursors listed in category II during one year, by identifying the specific use of the purchased precursors. Article
  15. Listing of Precursors
  16. A list of precursors shall be made in accordance with the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
  17. A list of precursors shall be approved by the Minister of Health by a special decree. The listed precursors and their salts shall be classified into precursors in category I, category II, and category III on the basis of ability to use them for the illicit manufacture of narcotic drugs and psychotropic substancess.
  18. The list of precursors may be amended, updated and supplemented by chemical substances with account of the amendments of the annexes to the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs.
  19. Precursors shall be listed under their Lithuanian and international (or in the event of their absence, chemical) names, and their codes under the Combined Customs Tariffs and Foreign Trade Statistical Nomenclature shall be indicated. CHAPTER II REQUIREMENTS FOR THE ACTIVITIES INVOLVING PRECURSORS LISTED IN CATEGORY I Article
  20. Licensing of the Activities Involving Precursors Listed in Category I
  21. To qualify for the activities involving precursors listed in category I the operator, other than customs agents, warehouse depositors and transporters when acting solely in that capacity, shall be required to obtain a licence. If the activities involve the manufacture, processing, storage, and sale of precursors listed in category I, they shall be permitted only in the facilities and premises specified in the licence.
  22. Licences to engage in the activities involving precursors listed in category I shall be issued to an operator by the institution authorised by the Government of the Republic of Lithuania in accordance with the procedure prescribed by the Government of the Republic of Lithuania.
  23. Upon ascertaining that provisions of this Law and other legal acts regulating the activities of operators involving precursors listed in category I have been breached, the institution authorised by the Government of the Republic of Lithuania shall suspend or revoke the operator’s licence. Following the revocation of the licence to engage in the activities involving precursors listed in category I, the precursors held at an enterprise shall be sold in the manner prescribed by the Government of the Republic of Lithuania to an operator holding a license to engage in the same type of the activities. Article
  24. Prohibited Activities Involving Precursors Listed in Category I
  25. Retail trade in precursors listed in category I, with the exception of medicinal products, shall be prohibited.
  26. It shall be prohibited to sell or transfer in any other manner precursors listed in category I to operators not holding a licence to engage in the activities involving precursors listed in category I. CHAPTER III REQUIREMENTS FOR THE ACTIVITIES INVOLVING PRECURSORS LISTED IN CATEGORIES II AND III Article
  27. Registration of Activities Involving Precursors Listed in Categories II and III Operators engaged in the activities involving precursors listed in category II and in the export of precursors listed in category III to the countries, if the weight of the exported consignment (pure or in mixtures) during the previous calendar year exceeded the weight prescribed by the institution authorised by the Government of the Republic of Lithuania or if precursors listed in category III are exported to the countries the list whereof is approved by the Government of the Republic of Lithuania, must register these activities with the institution authorised by the Government of the Republic of Lithuania following the procedure prescribed by the Government of the Republic of Lithuania. This requirement shall not apply to customs agents, warehouse depositors and transporters when acting solely in that capacity. CHAPTER IV LABELLING, DOCUMENTATION AND RECORD KEEPING Article
  28. Labelling of Precursors Precursors shall be labelled in accordance with the procedure of labelling of hazardous chemical substances in force in the Republic of Lithuania. Pursuant to the procedure prescribed by the Ministry of Health, in addition to other information, the label must contain the name of the precursor as given in the list of precursors approved by the Ministry of Health. Article
  29. Documentation Related to the Activities Involving Precursors Engagement in the activities involving precursors shall be subject to the following requirements of documentation: all the documents - VAT invoices, other documents serving as invoices, cargo manifests, customs declarations and other documents must identify the name of the precursors under the list approved by the Ministry of Health; their Combined Customs Tariffs and Foreign Trade Statistical Nomenclature codes; the amount and weight of the precursors and, where a mixture is concerned, the percentage of the substance in the mixture, its quantity and weight, as well as the quantity and weight of the mixture; the intended use of the precursors (specified in the declaration of the ultimate consignee); the personal and corporate names and addresses of all the operators engaged in a precursor sales transaction, including the ultimate consignee. The activities involving precursors listed in category II on the domestic market may be exempt from the requirements of this Article if the weight of the precursor consignment does not exceed the weight established by the institution authorised by the Government of the Republic of Lithuania. Article
  30. Record of Precursors and Operations Involving Precursors Operators engaged in the activities involving precursors listed in categories I and II and in import, export, and transit of precursors listed in category III must maintain a record of all transactions involving precursors. Operators engaged in the export of precursors in categories II and III to the countries the list of which must be approved by the Government of the Republic of Lithuania, shall maintain a record of the exported precursors. The procedure for maintaining a record of transactions involving precursors as well a record of precursors shall be determined by the institution authorised by the Government of the Republic of Lithuania. CHAPTER V REQUIREMENTS FOR IMPORT, EXPORT AND TRANSIT OF PRECURSORS Article
  31. Authorisations for Import, Export and Transit of Precursors
  32. Every individual case of the import, export and transit of precursors listed in category I shall be subject to an authorisation issued by the institution authorised by the Government of the Republic of Lithuania. An authorisation shall be issued only to the operators holding a licence to engage in these activities.
  33. The export of precursors listed in categories II and II shall be subject to an authorisation only where the precursors in these categories are exported to the countries the list whereof has been approved by the Government of the Republic of Lithuania. Where precursors in category II are exported to other countries, an open export authorisation shall be issued. An authorisation for the export of precursors in categories II and III shall be issued by the institution authorised by the Government of the Republic of Lithuania only to the operators who have registered their activities.
  34. Authorisations for the import, export and carriage by transit of precursors in category I, and for the export of precursors in categories II and III to the countries the list whereof has been approved by the Government of the Republic of Lithuania as well as the open export authorisations specified in paragraph 2 of this Article shall be issued following the procedure established by the Government of the Republic of Lithuania. Article
  35. Control of Import, Export and Transit of Precursors
  36. When importing precursors in category I into the customs territory of the Republic of Lithuania, the operator must produce the authorisation for the import of precursors in category I to the customs office at the border crossing point, the railway station, the international sea, river or air port where entry of the consignment of precursors takes place. The customs office shall apply its stamp to the import authorisation before returning it to the institution authorised by the Government of the Republic of Lithuania.
  37. When exporting precursors in category I, and precursors in categories II and III to the countries the list whereof has been approved by the Government of the Republic of Lithuania, the operator must produce the authorisation for the export of precursors together with the customs declaration to the customs office at the border crossing point, railway station, the international sea or river port or the airport where exit of the consignment of precursors takes place. The customs office shall apply its stamp to the export authorisation before returning it to the institution authorised by the Government of the Republic of Lithuania.
  38. When exporting precursors in category I by transit, the operator must produce the transit authorisation issued by the institution authorised by the Government of the Republic of Lithuania to the customs office at the border crossing point, the railway station, the international sea or river port or the airport where entry or exit of the precursor consignment takes place. The customs office shall apply a stamp on the transit authorisation. The customs office at the border crossing point, the railway station, the international sea or river port or airport where exit of the consignment of precursors in category I takes place shall return the stamped transit authorisation to the institution authorised by the Government of the Republic of Lithuania. CHAPTER VI CONTROL OF THE ACTIVITIES INVOLVING PRECURSORS Article
  39. Duties of the Operators Engaged in the Activities Involving Precursors in Categories I, II, III Operators engaged in the activities involving precursors in categories I, II and III must: 1) keep records of the precursors and submit reports about the activities involving precursors to the institution authorised by the Government of the Republic of Lithuania in the manner determined by it; 2) to notify, following the procedure established by the Ministry of the Interior, law enforcement institutions about the suspicious, intended or completed, transactions if there are grounds to believe that precursors are diverted or may be diverted for the illicit manufacture of narcotic drugs and psychotropic substances. Article
  40. Repealed Article
  41. Control of Operators’ Activities Involving Precursors
  42. The activities of operators involving precursors shall be controlled by the institutions authorised by the Government of the Republic of Lithuania to licence and register these activities as well as by other institutions following the procedure established by the laws of the Republic of Lithuania.
  43. The officers of the institutions referred to in paragraph 1 of this Article, pursuant to the procedure laid down by the laws of the Republic of Lithuania, may, at any time, enter and inspect the premises of the operator related to the activities involving precursors, the manufacturing equipment, the precursors in storage, take samples of precursors and carry out their analysis, inspect the records of the activities involving precursors, also photograph or make copies of the documents.
  44. The activities of the operators involving precursors in free economic zones and free warehouses, carried out pursuant to the procedure laid down in this Law, the Customs Code, legal acts regulating the activities of free economic zones and free warehouses, shall be subject to the control measures specified in paragraph 2 of this Article. CHAPTER VII FINAL PROVISIONS Article
  45. Liability Individuals who are in breach of the requirements of this Law shall be held liable following the procedure laid down in the laws of the Republic of Lithuania. Article
  46. Implementation of the Law
  47. The Government of the Republic of Lithuania shall approve by 1 October, 1999: 1) the procedure for registration, licensing and authorisation of the activities involving precursors; 2) a list of the countries to which the export of precursors in categories II and III is subject to authorisation; 3) a tariff of the stamp duty for the issue of a licence to engage in the activities involving precursors; 4) the institutions which will perform the functions of control, issue of licences and regulation of the activities;
  48. The institution authorised by the Government of the Republic of Lithuania, by 1 October, 1999, shall determine and approve: 1) the weight of a consignment of the exported precursors in categories II and III; 2) the procedure for labelling precursors; 3) the procedure for record keeping of the transactions involving precursors and of the precursors; 4) a list of precursors in category II which will be subject to exemptions under the provisions of Article 8 of this Law.
  49. The Ministry of the Interior, by 1 October, 1999, shall determine the procedure of notification of suspicious, intended or completed, transactions if there are reasonable grounds to suppose that precursors are being diverted or may be diverted to the illicit manufacture of narcotic drugs and psychotropic substances. Article
  50. Entry into Force This Law, except Article 11, shall enter into force on 1 January
  51. I promulgate this Law passed by the Seimas PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS ANNEX to Law of the Republic of Lithuania No.IX-1122 8 October 2002 REGULATIONS AND DIRECTIVES APPLICABLE TO CONTROL OF PRECURSORS OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
  52. Council Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances.
  53. Council Regulation (EEC) No 900/92 of 31 March 1992 amending Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances.
  54. Council Directive 92/109/EEC of 14 December 1992 on the manufacture and the placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances.
  55. Commission Regulation (EEC) No 3769/92 of 21 December 1992 implementing and amending Council Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances.
  56. Commission Directive 93/45 (EEC) of 22 June 1993 replacing and modifying the Annexes to Council Directive 92/109 (EEC) on the manufacture and placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances.
  57. Commission Regulation (EEC) No 2959/93 of 27 October 1993 amending Regulation (EEC) No 3769/92 implementing and amending Council regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances.
  58. Commission Regulation (EC) No 1485/96 of July 1996 laying down detailed rules for the Application of Council Directive 92/109/EEC, as regards customer declarations of specific use relating to certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances (text with EEA relevance).
  59. Commission Regulation (EC) No 2093/97 of 24 October 1997 amending Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances.
  60. Commission Regulation (EC) No 1533/2000 of 13 July 2000 amending Regulation (EC) No 1485/96 laying down detailed rules for the application of Council Directive 92/109/EEC, as regards customer declarations of specific use relating to certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances (Text with EEA relevance).
  61. Commission Regulation (EC) No 1610/2000 of 24 July 2000 amending Regulation (EEC) No 3769/92 implementing and amending Council Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances.
  62. Commission Directive 2001/8/EC of 8 February replacing Annex I to Council Directive 92/109/EEC on the manufacture and placing on the market of certain substances used in the illicit manufacture of narcotic drugs and psychotropic substances.
  63. Council Regulation (EC) No 1116/2001 of 5 June 2001 amending Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances.
  64. Commission Regulation (EC) No 1251/2001 of June 2001 amending Regulation (EEC) No 3769/92 implementing and amending Council Regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances.
  65. Council Regulation (EC) No 1116/2001 of 5 June 2001 amending regulation (EEC) No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances.

🔗 Į oficialų šaltinį

DI paaiškinimas pagal oficialų įstatymo tekstą. Orientacinis, nepakeičia teisinės konsultacijos.