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Official Translation Official Translation REPUBLIC OF LITHUANIA LAW ON TOBACCO CONTROL 1995 December 20. No. I - 1143 (amended as of November 20, 2003. IX - 1840) (shall enter into force from May 1, 2004) Vilnius CHAPTER I. GENERAL PROVISIONS Article 1. Purpose of the Law 1. This Law shall regulate the relations involving the growing of tobacco, the manufacture, marketing, storing, transport, introduction, import, advertising, consumption, promotion and sponsorship of the acquisition and (

  1. or)consumption of tobacco products and establish the principles of State control of tobacco in the Republic of Lithuania. 2. Mindful of the fact that individual and public health constitute one of the most important values of society, the provisions of this Law shall strive to reduce the consumption of tobacco products in the Republic of Lithuania, accessibility thereof (particularly to minors) and the negative consequences for the population and economy owing to it. 3.Tobacco products shall be attributed to special products, for whose manufacture, marketing, introduction, import, advertising and other related types of activities and consumption, extraordinary State and legal regulation shall apply in accordance with this and other laws and legal acts. 4. The provisions of the Law shall be harmonised with the legal acts of the European Union, indicated in the Annex of this Law. Article 2. Basic Definitions of the Law 1. Tobacco means a plant member of the potato family (Nicotiana) of the genus (Nicotiana tabacum, Nikotiana rustics and other varieties), both genetically modified and unmodified, its leaves and other parts; 2. Tobacco products means products for the purposes of smoking, sniffing, sucking or chewing, inasmuch as they are made only from tobacco (whether genetically modified or not) or those containing tobacco; 3. Tobacco for oral use means all products for oral use, except those intended to be smoked, manufactured from tobacco (whether genetically modified or not) or those containing tobacco; 4. Tar means a raw, anhydrous, nicotine-free condensate of smoke; 5. Nicotine means nicotinic alkaloids; 6. Ingredient means any substance or any constituent, except for tobacco leaf and other natural or unprocessed tobacco plant parts used in the manufacture or preparation of a tobacco product and still present in the finished product, even in an altered form, including paper, filter, inks and adhesives; 7.Advertising of tobacco products denotes information about tobacco products, disseminated in any form and by any means, through which the acquisition and (
  2. or)consumption of tobacco products is directly promoted; 8. Surreptitious advertising of tobacco products means information about tobacco products, manufacturers of tobacco products, importers or sellers (undertakings), the name (title) of their firm, trademark or activity, which is disseminated in any form and by any means, in such a fashion which may prove to be misleading for the consumers of this advertising, insofar as the real aim of this information dissemination may be. This type of information presentation shall be considered concealed advertising in all instances, when it is paid for or otherwise compensated. 9. Social advertising means social benefits, including a healthy lifestyle, health strengthening and prevention of diseases and habits, which are detrimental to health, propagation by any forms and means of advertising. 10. Promotion of tobacco product acquisition and (
  3. or)consumption thereof means actions involving information and persuasion, including special events, actions, discounts, gifts and the like, promoting decisions to acquire and (
  4. or)use tobacco products. 11. Sponsorship means financial or any other form of contribution to an event, activity or individual, encouraging to acquire and (
  5. or)use tobacco products; 12. Import means the introduction of tobacco and (
  6. or)tobacco products (formalising the customs procedure of their release to free circulation) from states or territories thereof, which are not part of the customs territory of European Community States or territories thereof. 13. Introduction means the bringing in of tobacco and (
  7. or)tobacco products having the status of European Community goods into the Republic of Lithuania (except for those brought in by natural persons) from other states ascribed to the European Community or territories thereof. 14. Tobacco sales outlet means the premises in stores, kiosks, pavilions, restaurants, cafes, bars, buffets, and other places where tobacco products are sold (including mobile shops), where tobacco products are sold to consumers (when customers are being served outdoors, the site of the cash register is considered location of a tobacco sales outlet), and the premises where wholesale tobacco trade is conducted. 15. Educational institutions denotes pre-school educational institutions, general education, vocational, college-level schools and universities, children’s additional education institutions: art, sport, language, technical, other types of schools as well as children’s summer camps. 16. Control of tobacco and the products thereof means the totality of the State regulation measures established within this Law and other legal acts, aimed at the consumption of tobacco and tobacco products, manufacture, import, introduction, commerce, advertising, promotion of acquisition and (
  8. or)consumption of tobacco products, sponsorship and also reduction of the harmful consequences of the consumption thereof, to health and economy. Article 3. Principles of State Tobacco Control Policy The principles of State tobacco control policy shall comprise: 1) protection of the human rights to a tobacco smoke-free environment; 2) reduction of smoking product availability, especially to minors, through taxation and other measures of State regulation; 3) prohibiting use of state and local budget funds for the development of tobacco growing, manufacture of its products, import and commerce and introduction thereof; 4) ensuring through State legal regulation measures, that a portion of State Budget funds, obtained from tobacco manufacture, import and sales, would be allotted to the drafting and implementation of programmes of health protection and fortification; 5) prohibiting of tobacco product advertising; 6) prohibiting the promotion of acquisition and (
  9. or)consumption and limit the sponsorship of tobacco products; 7) increasing public information concerning the social and economic harm inflicted upon health through the consumption of tobacco products and also, the social and economic damage brought upon the State; 8) encouragement of smokers to quit smoking and providing assistance to them; 9) implementing control and monitoring of tobacco products; 10) sponsoring social advertising, propagation of non-smoking through the mass media; 11. striving to create a smoke-free work, leisure and living environment. CHAPTER II REQUIREMENTS OF COMPOSITION, QUALITY AND LABELLING OF TOBACCO PRODUCTS Article 4. General Requirements of Tobacco Product Composition and Quality 1. The composition and quality indicators of tobacco products manufactured and (
  10. or)sold in the Republic of Lithuania must comply with the requirements set forth by this Law and other legal acts. 2. From 1 May 2004, the yield of cigarettes marketed, manufactured in the Republic of Lithuania or imported into it, and from 1 January 2007, exported from it, must not be greater than 10 mg per cigarette for tar, 1 mg per cigarette for nicotine and 10 mg per cigarette for carbon monoxide. 3. The Ministry of Health and also, the institution authorised by the Government of the Republic of Lithuania to supervise how the requirements of tobacco product composition and quality are being adhered to, shall have the right to require of the tobacco product manufacturers and importers to carry out additional tests in order to determine the amount of the substances or the amount of derivatives thereof, not indicated in paragraph 2 of this Article, which are present in tobacco products, and the impact thereof on health would be assessed, particularly, the effect of those substances on health, taking into account their addictiveness. Additionally, the tobacco products of each brand name, each trademark, each type of tobacco shall be tested. These tests shall be performed in the laboratories approved by the competent institutions of the Republic of Lithuania or the Member States of the European Union. The results of the tests indicated in this paragraph shall be submitted on an annual basis to the Ministry of Health according to the procedure set by it. The Ministry of Health may set a different frequency of submitting of test results, if the composition of the tobacco product does not change within the term set by this ministry. Should, however, the composition of the tobacco product change, the manufacturers or importers of the tobacco products must inform the Ministry of Health thereof. 4. The Government of the Republic of Lithuania or an institution authorised by it, guided by the evidence based upon scientific tests, shall have the right to prohibit the use of ingredients, characterised by the effect of increasing the addictive properties of tobacco products. 5. The Ministry of Health shall annually report the results of the tests specified in paragraph 3 of this Article, to the European Community Commission. Article 5. Documents Certifying Conformity of Tobacco Products 1. The fact that the tobacco products conform to the requirements stipulated in legal acts, including the requirements regarding tar, nicotine and carbon monoxide yield levels in cigarettes, must be certified by documents issued by the manufacturing undertaking, verifying the conformity of the tobacco products, on the basis of the tests carried out in the test laboratories, approved by the competent institutions of the Republic of Lithuania or of the Member States of the European Union. 2. An institution authorised by the Government of the Republic of Lithuania shall set the procedure and requirements of submission of the documents certifying the conformity of tobacco products, stipulated in paragraph 1 of this Article. Article 6. Test Laboratories and Methods 1. Tests for tar, nicotine, carbon monoxide yields per cigarette shall be carried out in the laboratories approved by the competent institutions of the Republic of Lithuania or the Member States of the European Union. 2. In measuring for tar the amount of tar, nicotine and carbon monoxide yields in cigarettes, the laboratories indicated in paragraph 1 of this Article, must apply the methods set forth by the Lithuanian standards adopting the ISO standards (for the amount of tar - ISO 4387, nicotine- ISO10315, carbon monoxide ISO-8454 and while checking the accuracy of the amount of tar and nicotine indicated on the tobacco product packages – ISO 8243). 3. The Ministry of Health shall inform the European Community Commission of the list of laboratories indicated in paragraph 1 of this Article, which have been approved to carry out the tests in the Republic of Lithuania, criteria and methods of monitoring applied, on the basis whereof the laboratories have been approved to carry out the tests and also, the changes related to this. Article 7. Recognition of Tobacco Products as Not Conforming to Requirements of Labelling, Composition and Quality 1. An institution authorised by the Government of the Republic of Lithuania shall supervise whether the labelling, composition and quality indicators of the tobacco products conform to the requirements of legal acts. 2. Should the laboratories in measuring the samples of the tobacco products accepted from the authorised State institutions on request, according to the procedure set forth in this law and other legal acts, determine that these samples do not comply with the requirements of legal acts, it shall be considered that the entire batch of tobacco products, from which these samples have been selected, does not comply with these requirements. Article 8. Labelling Requirements of Tobacco Products Intended for Marketing in Republic of Lithuania 1. Tobacco products sold in the Republic of Lithuania must be labelled according to the procedure set forth by legal acts. 2. Texts of “low-tar,” “light,””ultra-light,”’mild” and any other inscriptions product marks, pictures, scenes, names asserting or presenting an impression, that a particular tobacco product is less harmful than others, shall be prohibited on tobacco packaging. It shall also be prohibited to supply such information, along with tobacco products or their packets, on information leaflets, folders and circulars, or by any other means of presenting information. 4. On each unit packet of tobacco products (packaging) must be indicated the batch to which the tobacco product belongs, number or the equivalent thereof, according to which it would be possible to establish (identify) the tobacco product and the place and time of manufacture thereof. Should the batch number and its equivalent be encoded and it would be impossible to establish the location and (
  11. or)time of manufacture of the tobacco products, the undertakings which manufacture, import or introduce the tobacco products into Lithuania, must provide the controlling institutions with the keying of these codes. 5. The manufacturers of tobacco products, while labelling the tobacco products must, in addition to other information established by legal acts, also furnish warning inscriptions in the official language of the Republic of Lithuania, concerning the harmful effect of tobacco products to health and, in labelling cigarettes, to indicate the amounts of tar, nicotine and carbon monoxide in cigarettes, on each unit packet (packaging) of tobacco products, and also any outside packaging of tobacco products, enclosed in which, the tobacco products may be marketed to consumers through retail trade undertakings. 6. An institution authorised by the Government of the Republic of Lithuania shall approve the regulations concerning the warning inscriptions on the harmful effect of tobacco products on health and the content of such inscriptions and also, of indications of tar, nicotine and carbon monoxide amount mandatory space, positioning, and other requirements of these inscriptions and references on tobacco products marketed in the Republic of Lithuania. Article 9. Reports of Tobacco Product Manufacturers and (
  12. or)Importers, on what Ingredients Comprise the Tobacco Products Manufactured for Marketing in Republic of Lithuania 1. According to the procedure set forth by The Government of the Republic of Lithuania, the manufacturers and (
  13. or)importers of tobacco products shall annually submit a written report to the institution authorised by the Government on what ingredients have been used in manufacturing the tobacco products intended for marketing in the Republic of Lithuania. 2. This report must include information about all the ingredients of each tobacco product brand name, trademark, type of tobacco, ingredient amount, categories, functions, causes owing to which these ingredients have been included in the tobacco products, toxicological data and methods of product testing available, used in determining this data, effect of the ingredients upon human health, including the addictive effect. 3. The information obtained through the implementation of these requirements shall be submitted to the European Community Commission. CHAPTER III STATE LEGAL REGULATION OF TYPES OF ACTIVITY, RELATED TO TOBACCO AND TOBACCO PRODUCTS SECTION I LICENSING OF TYPES OF ACTIVITIES Article 10. Licensing of Types of Activities and Types of Activities 1. It shall be permitted to engage in tobacco growing, manufacture of tobacco products, wholesale and retail marketing in the Republic of Lithuania, only by having licences, which have been issued according to the established procedure. 2. A licence is not necessary when a natural person shall engage in growing tobacco on a plot of land extending up to 100 square meters, for his own personal use. 3. The Government of the Republic of Lithuania shall approve the licensing rules of the types of activities indicated in paragraph 1 of this Article. Article 11. Issuance of Licences 1.Licences to engage in the types of activities indicated in paragraph 1 of Article 10 of this Law may be issued to the undertakings registered in the Republic of Lithuania in accordance with the procedure established by law and the branches of foreign legal persons (hereinafter- undertaking), which according to the laws of foreign states have the right to engage in commercial economic activities, while the licence to engage in tobacco growing shall also be issued to farmers (hereinafter-farmer), who have registered farmer’s farms in the Republic of Lithuania. 2. Licences to engage in the activities indicated in paragraph 1 of Article 10 shall not be issued to the undertakings, whose founders or administration chiefs (if they had acted on behalf of the undertaking or for its interests), had been the founders, administration chiefs or other personnel members of the undertakings, whose licence validity has been revoked in accordance with paragraph 5 of Article 26 of this Law. In the cases when the validity has been revoked in accordance with paragraphs 3 or 6 of Article 26 of this Law, licences shall not be issued for a term of five years from the revocation of the validity thereof. 3. Licences to engage in tobacco growing, manufacture of tobacco products and wholesale marketing of tobacco products, shall be issued by the State Tobacco and Alcohol Control Service under the Government of Republic of Lithuania (hereinafter, State Tobacco and Alcohol Control Service). 4. Licences to engage in retail marketing of tobacco products shall be issued by the executive institution of the local government, on the territory whereof the undertaking shall engage in retail marketing of tobacco products. 5. Licences shall be issued for an unlimited term. Licences to engage in seasonal retail marketing in resort and other leisure and tourism areas stipulated by the local government councils shall be issued for the duration of the resort, leisure and tourism season determined by the local government council. 6. Local government councils shall determine the procedure of issuing of specific licences for engaging in retail marketing of tobacco products, based upon the licencing regulations approved by the Government of the Republic of Lithuania. 7. The State Tobacco and Alcohol Control Service shall control the issuance of licences to undertakings in local governments. Article 12. Special Features of the Right of Licence Holders to Engage in Licensed Activity 1. It shall be prohibited for undertakings and farmers, who hold licences, to authorise or transfer according to contract, to other individuals the right to engage in the activities stipulated on the licences held by them. 2. A licence to engage in tobacco product manufacturing shall also give the right to the undertakings holding it, to engage in the wholesale marketing of the products manufactured by them. 3. Undertakings, having a licence to engage in retail marketing of tobacco products, shall be permitted to obtain tobacco products in the Republic of Lithuania only from undertakings having a licence to engage in tobacco product manufacture or wholesale marketing of tobacco products, and this provision shall not prohibit the undertakings which hold a licence to engage in retail marketing of tobacco products, from importing or entering tobacco products from other states for the activity stipulated on the licence. 4. The undertakings which have a licence to engage in wholesale marketing of tobacco products, shall be permitted to obtain tobacco products in the Republic of Lithuania only from undertakings, which have a licence to engage in the manufacture of tobacco products or wholesale marketing of tobacco products, and this provision shall not prohibit the undertakings, which hold a licence to engage in wholesale marketing of tobacco products, from importing or introducing tobacco products from other states for the activity stipulated on the licence. 5. Undertakings having a licence to engage in tobacco product manufacture or wholesale marketing of tobacco products shall be permitted to market tobacco products in the Republic of Lithuania only to the undertakings, which hold licences to engage in wholesale or retail trade of tobacco products, and the legal persons of other states. 6. A licence to engage in tobacco growing shall also give the right to the undertakings and farmers to also engage in the wholesale marketing of the tobacco grown by them. 7. Undertakings and farmers, having a licence to engage in tobacco growing, shall be permitted to market tobacco in the Republic of Lithuania only to the undertakings, which hold licences to engage in the manufacture of tobacco products, and legal persons of other states. SECTION TWO OTHER SPECIAL CHARACTERISTICS OF REGULATION Article 13. Limiting of Tobacco Product Assortment Marketing of tobacco intended for oral use, and also, snuff shall be prohibited in the Republic of Lithuania. Article 14. Requirements of Tobacco Marketing, Storage and Transportation 1. In the Republic of Lithuania, it shall be prohibited for legal persons and also, foreign legal persons, who are registered in the Republic of Lithuania in accordance with the procedure set forth by the laws, who according to the laws of a foreign state have the right to engage in commercial economic activities, branches (hereinafter, a branch of foreign legal persons) to market, store tobacco products not having a licence to engage in the manufacture of tobacco products, wholesale or retail marketing of tobacco products, with the exception of the cases outlined in paragraph 2 of this Article. A corresponding copy of the licence must be kept at all of the marketing and (
  14. or)storage places of the tobacco products. 2. The requirements on storage and transportation of tobacco products, set forth in paragraph 1 of this Article, shall not apply in cases when tobacco products are kept and transported by persons providing transportation services and other legal persons of the states belonging to the European economic area, who hold the mandatory legally valid documents certifying the acquisition of the tobacco product, or transportation documents. 3. It shall be prohibited in the Republic of Lithuania, for legal persons and branches of foreign state legal persons to sell, store, transport tobacco products and also, to import tobacco products into the Republic of Lithuania: 1) without legally valid documents certifying acquisition and transportation. Legally valid documents certifying the acquisition or transportation must be kept in all tobacco product sales outlet (
  15. or)places. It is mandatory to hold transportation documents or validly legal documents certifying the acquisition of tobacco products, while transporting tobacco products; 2) if the products are fake; 3) if the products are contraband; 4) in addition to the special marks-tax marks according to the special sample, established by the institution authorised by the Government of the Republic of Lithuania, except in cases when based upon the Republic of Lithuania Law on Excise Duty and other legal acts the tobacco products have special marks-tax marks are not mandatory; 5) if the level of tar, nicotine or carbon monoxide yields exceeds the norms set forth in paragraph 2 of Article 4 of this Law; 6) if the labelling of the tobacco products fails to meet the labelling requirements of tobacco products, set forth in this Law and other legal acts; 7) in the absence of the documents which certify, in accordance with the procedure set forth by an institution authorised by the Government of the Republic of Lithuania, the conformity of the tobacco products. 4. The Government of the Republic of Lithuania or an institution authorised by it shall set the procedure of storing and transporting of tobacco products, which shall apply to natural persons. 5. Additionally, it shall be prohibited in the Republic of Lithuania to market: 1) single cigarettes, cigarillos, and long cigarettes; 2) cigarettes, if less than 20 are contained in a pack; 3) tobacco products to persons under 18 years of age. The sellers of tobacco products shall have the right, and in the event of suspecting that a person is under the age of 18, must require from the buyer of tobacco products a document certifying his age. Should such a person fail to submit a document certifying his age, the seller of tobacco products must refuse to sell him the tobacco products. 6. It shall be prohibited to buy or otherwise transfer tobacco products to persons under 18 years of age. Article 15. Limitation of Means and Tobacco Sales Outlets Marketing of tobacco products is prohibited in the Republic of Lithuania: 1) through the use of vending machines; 2) through the use of communication means: 3) at retail undertakings, where goods intended for children comprise over 50 percent of retail goods circulation; 4) in pharmacies, healthcare, educational and cultural institutions, internet cafes (internet clubs etc.); 5) where vendors are persons under 18 years of age. Article 16. Restriction of Sales of Goods Intended for Smoking or Preparation for Smoking of Tobacco Products It shall be prohibited in the Republic of Lithuania, to sell to persons under 18 years of age, goods intended for smoking of tobacco products (or to prepare for smoking), i.e., pipes, holders (scrapers), home cigarette rolling machines, any type of cigarette smoking paper (cut or uncut, glued into tips, with attached filters or without them). SECTION III ADVERTISING OF TOBACCO PRODUCTS, PROMOTION OF ACQUISITION OR CONSUMPTION, SPONSORSHIP AND MEASURES OF REDUCTION OF CONSUMPTION Article 17. Prohibition of Advertising 1. Advertising of Tobacco products, with the exception of the cases outlined in paragraph 2 of this Article and also, surreptitious advertising of tobacco products shall be prohibited in the Republic of Lithuania. 2. Prohibition of advertising shall not apply to: 1) the information indicated in paragraph 3 of this Article, furnished to tobacco product sales outlets, in which tobacco products are being sold to the consumer; 2) publications which are intended solely for tobacco specialists (professionals), and also, publications printed and published in the states which are not part of the economic area, when these publications are not intended for the European Community market; 3) the registered names and trademarks (if the name of the tobacco product, name of the manufacturer of tobacco products or trademark are the constituent parts of the registered name of these undertakings) of the undertakings manufacturing tobacco products or selling them, when these names and trademarks are presented on the signboards displayed on the building of the quarters or branches of these undertakings. Only the registered names of undertakings that manufacture tobacco products or undertakings that market them may be displayed on the transport vehicles thereof. 4) the displaying of the name (name of firm) of a manufacturer of tobacco products or an undertaking, whose main activity is the marketing of tobacco products, during the course of the events sponsored by these undertakings and on the lists of sponsors of these events, with the exception of such presentation on television and radio programmes. 3. Only the following information may be presented in places where tobacco products are marketed: 1) the name of the manufacturer, marketing undertaking and address of the headquarters, trademark, if this trademark is not used for a special tobacco product advertisement; 2) the brand names of the tobacco products sold; 3) the words, “We trade in,“ ”We sell;” 4) the amount of tar, nicotine, and carbon monoxide yield in cigarettes; 5) prices of the tobacco products. 4. According to the procedure established by the Government of the Republic of Lithuania or an institution authorised by it, at the sales outlets of tobacco products, except in premises, in which wholesale marketing of tobacco products is taking place, information (warnings) must also be displayed regarding the harmful effect of the use of tobacco products to health and concerning the prohibiting of the sale of tobacco products to persons under 18 years of age. 5. It shall be permitted to present the information outlined in paragraph 3 of this Article only along with the displayed tobacco products. It may not be displayed in folders, flyers, or other means of advertising, intended for the consumers to take with them; additionally, it shall be prohibited in tobacco product sales outlets to display imitations and pictures of tobacco products or packaging thereof. No other visual or graphic information concerning tobacco products not specified in paragraphs 3 or 4 of this Article may be displayed in tobacco product sales outlets. Article 18. Prohibiting of Promotion of Tobacco Product Acquisition and (
  16. or)Consumption and Restrictions of Sponsorship 1. It shall be prohibited in the Republic of Lithuania to promote the acquisition and (
  17. or)consumption of tobacco products by the following means: 1) to apply fixed discounts for owners of disseminated coupons, which have been printed in the mass media or by other means, or to consider these coupons as an alternate means of payment; 2) to supply (disseminate) tobacco products and (
  18. or)new samples thereof, free; 3) to grant the buyer an immediate right or over a certain term of time following the conclusion of a buy-sell contract, to receive gifts or a supplement to the tobacco products; 4) to influence buyers through persistently offering tobacco products by indicating supposed price reductions on price lists, price labels, indoor store windows and other means and measures contrary to good morals and public order; 5) to sell tobacco products included in an assortment with other goods; 6) to supply tobacco products as prizes in lotteries, contests, sports competitions, game prizes or along with them; 7) organise games or competitions and lotteries, which would promote acquisition and (
  19. or)consumption of tobacco products; 8) to manufacture and (
  20. or)sell toys, food products and other goods, whose design imitates tobacco products or packs; 9) to sell other (non tobacco) products, marked with tobacco goods trademarks. 2. It shall be prohibited to enlist persons under the age of 18 years in activity involving the promotion of acquisition and (
  21. or)consumption of tobacco products. 3. It shall be prohibited in the Republic of Lithuania for tobacco product manufacturers and undertakings whose main activities involve marketing of tobacco products, to sponsor events designed for persons under 18 years of age and television and radio programmes, and also types of activities and events including or taking place in several states or by other means which may exert an influence beyond the territorial limits of the Republic of Lithuania. Article 19. Restriction of Tobacco Product Consumption 1. It shall be prohibited to smoke (consume tobacco products) in the Republic of Lithuania as follows: 1) in all educational institutions, healthcare institutions and areas thereof, internet cafes (internet clubs etc.), also in premises where sports competitions and other events take place; 2) in workplaces which are in closed in areas. In undertakings, offices and organisations, special premises (places) may be set aside, where smoking shall be permitted. The Government of the Republic of Lithuania or an institution authorised by it shall set the requirements of the setting up and use of smoking premises (places); 3) in general residential and other premises designated for general use, where non-smokers may be forced to breathe smoke-polluted air; 4) on all kinds of public transport, except for on long-distance trains, where individual cars must be designated for smokers and non-smokers, also on airplanes, where separate places shall be designated for non-smokers and smokers. 2. In restaurants, coffee shops, bars and other premises designated to provide services for people, where smoking is not prohibited, separate premises (places) must be set aside for smokers. Premises where smoking is not prohibited must be set up in such a fashion that the clients (visitors) and staff members would be protected from tobacco smoke. The Government of the Republic of Lithuania or an institution authorised by it shall establish the requirements of the setting up and use of these premises (places). 3. The councils of local governments shall have the right to prohibit smoking in public (parks, squares etc.,) and other places falling under the limits of the competence of their administration. 4.The administrative agencies of the legal person must ensure that the personnel of the legal person, the clients who are served and visitors would not be forced to breathe air polluted by tobacco smoke and also, that warning inscriptions or signs would be displayed in visible locations, that smoking is prohibited, and special premises (places) be established for smoking and inscriptions or signs be displayed indicating their location. Article 20. Tobacco Products and Calculation of Minimum Standard of Living It shall be prohibited to include tobacco products in the assortment of food products and non-food articles for calculation of the minimum standard of living. SECTION IV MONITORING OF TOBACCO PRODUCTS, TOBACCO CONTROL PROGRAMMES, MASS INFORMATION MEDIA AND EXCHANGE OF INFORMATION Article 21. Monitoring of Tobacco Product Consumption, Harm to Health and Economy Caused by Them Monitoring of tobacco product consumption and the harm caused by it to health and economy shall be monitored according to the procedure set forth by the Government of the Republic of Lithuania. Article 22. Information of Public Regarding Tobacco Products, Harm to Health of Consumption Thereof 1. Schools which conduct formal education shall include in their general education content the issues concerning the harm inflicted upon health through tobacco product consumption, beneficial to health environment, barring the way to harm occasioned by smoking, a healthy lifestyle. 2. The Ministry of Health, having obtained information from an institution authorised by the Government of the Republic of Lithuania, to which a report shall be submitted in accordance with Article 9 of this Law, on data from which ingredients the tobacco products intended for marketing in Republic of Lithuania, have been manufactured and also, information on the results of the tests indicated in paragraph 3 of Article 4 of this Law, they must ensure, that this information and the list of ingredients of every tobacco product, in which the amount of tar, nicotine and carbon monoxide yields shall be indicated, would be accessible and disseminated to the consumers by every suitable means. The information indicated in this paragraph shall be disseminated without violating the protection requirements of the specific formula of the tobacco product, which shall be regarded as a commercial secret. Article 23. Exchange of Information with European Union Institutions The competent institutions of the Republic of Lithuania which are authorised to maintain relations with the European Union, in co-operating with the institutions of the European Union and implementing the obligations set forth in this Law, or per request of the European Community Commission, must provide all of the necessary information. 24. Tobacco Control Programmes 1.The Government of the Republic of Lithuania shall draft, approve and implement the tobacco control programme. The national tobacco control programme shall be funded from the State Budget. 2. In striving to implement the goals of this Law, the local governments shall draft and implement tobacco control programmes of local governments. The local government shall allocate the funds necessary for the implementation of these programmes, from their own budget. CHAPTER IV LIABILITY IN INFRINGEMENTS OF THE LAW ON TOBACCO CONTROL Article 25. Administrative Liability in Infringements of Law on Tobacco Control and Confiscation and Destruction of Tobacco Products 1. For infringements of this Law, natural persons shall be liable in accordance with the procedure set forth in the Code of Administrative Violations of the Republic of Lithuania. 2. Tobacco products, which shall be marketed, stored and transported in the Republic of Lithuania, and shall fail to meet the requirements set forth in this Law and other legal acts, shall be confiscated on the basis of the Code of Administrative Violations of the Republic of Lithuania or the Criminal Code of the Republic of Lithuania. 3. Confiscated tobacco products shall be destroyed according to the procedure set forth by the Government of the Republic of Lithuania. Article 26. Economic Sanctions 1. For a infringement of the requirement of paragraph 1 of Article 9 of this Law, to submit a report in accordance with the established procedure, on what ingredients are used in manufacturing the tobacco products intended for marketing in the Republic of Lithuania, tobacco manufacturers and (
  22. or)importers shall be subject to a fine from LTL 1,000 to LTL 3,000. 2. For growing tobacco, manufacturing tobacco products, storing and marketing them in infringement of the requirements of paragraph 1 of Article 10 or paragraph 1 of Article 14 (not having a licence issued in the established procedure) legal persons, branches of foreign legal persons and farmers shall be subject to a fine from LTL 10,000 to LTL 30,000. 3. For the infringement of the prohibition set forth in paragraph 1 of Article 12 of this Law, on authorisation or transfer by contract to other person the right to engage in the activity indicated in the licences held, for the infringement of the requirements set forth in paragraphs 3, 4, 5, or 7 of Article 12 of this Law, regarding acquisition of tobacco products, marketing of tobacco products or tobacco, legal persons, branches of foreign legal persons and farmers shall be subject to a fine from LTL 3,000 to LTL 5,000. For the infringement of these prohibitions and requirements, repeated over a one-year term, from the assignment of a penalty, legal persons and branches of foreign legal persons and farmers shall be subject to a penalty of LTL 5,000 to LTL 10,000 and their licence shall be revoked. 4. For the infringement of the prohibitions set forth in Article 13 of this Law, to market tobacco intended for oral use and also sniffing, legal persons and branches of foreign legal persons shall be subject to a fine from LTL 5,000 to LTL 10,000. 5. For infringement of the prohibitions set forth in sub-paragraphs 1, 2, 3 or 4, of paragraph 3 of Article 14 of this Law, regarding marketing of tobacco products, storing or transporting thereof if that does not impose criminal liability, legal persons and branches of foreign legal persons shall be subject to a fine from LTL 10,000 to LTL 30,000. and their licence shall be revoked. 6. For an infringement of the prohibition set forth in sub-paragraph 5 of paragraph 3 of Article 14 of this Law regarding the marketing, storing or transporting of tobacco products, the legal persons and branches of foreign legal persons shall be subject to a fine from LTL 5,000 to LTL 10,000. For the infringement of this prohibition, committed repeatedly over a one-year term from the imposition of a fine, legal persons and branches of foreign legal persons shall be subject to a fine from LTL 10,000 to LTL 20,000 and the licence shall be revoked. 7. For an infringement of prohibitions set forth in sub-paragraphs 6 or 7 of paragraph 3 of Article 14 of this Law, with respect to the marketing, storing or transporting of tobacco products, for infringements of prohibitions set forth in sub-paragraphs 1, 2 or 3 of paragraph 5 of Article 14 of this Law, legal persons and branches of foreign legal persons shall be subject to a fine of LTL 3,000 to LTL 5,000. For the infringement of the prohibitions set forth in sub-paragraphs 6 or 7 of paragraph 3 of Article 14, sub-paragraphs 1 or 2 of paragraph 5 of Article 14, repeated over a one-year-term from the imposition of a fine, legal persons and branches of foreign legal persons shall be subject to a fine of LTL 5,000 to LTL 10,000. For infringement of the prohibition set forth in sub-paragraph 3 of paragraph 5 of Article 14 of this Law, repeated in the same sales outlet over a one-year term from the imposition of the fine, legal persons and branches of foreign legal persons shall be subject to a fine of LTL 5,000 to LTL 10,000 and the licence shall be revoked in the sales outlet, where the infringement has been determined. A new licence shall not be issued for a year from the day the licence has been revoked. 8. For an infringement of the prohibitions in marketing of tobacco products, set forth in Article 15, products noted in Article 16, intended for smoking or preparation for smoking, legal persons and branches of foreign legal persons shall be subject to fines from LTL 3,000 to LTL 5,000. For the infringement of these prohibitions, repeated over the term of one year from the imposition of the fine, legal persons and branches of foreign legal persons shall be subject to fines from LTL 5,000 to LTL 10,000. 9. For an infringement of the prohibition of advertising set forth in paragraph 1 of Article 17 of this Law, legal persons and branches of foreign legal persons shall be subject to fines of LTL 5,000 to LTL 10,000. For the infringement of this prohibition repeated over a one-year term from imposition of the fine, legal persons and branches of foreign legal persons shall be subject to fines from LTL 10,000 to LTL 20,000. 10. For an infringement of the requirements of supplying of information set forth in sub-paragraphs 4 or 5 of Article 17, legal persons and branches of foreign legal personas shall be subject to fines from LTL 1,000 to LTL 3,000. For an infringement of these requirements, repeated over a one-year-term from the imposition of a fine, legal persons and branches of foreign legal persons shall be subject to a fine from LTL 3,000 to LTL 5,000. 11. For an infringement of the prohibitions set forth in Article 18 of promotion of tobacco product acquisition and (
  23. or)of consumption thereof, prohibition of enlisting persons for this activity or restrictions of sponsorship, legal persons and branches of foreign legal persons shall be subject to a fine from LTL 3,000 to LTL 5,000. For an infringement of these prohibitions and restrictions, repeated over a one-year term from the imposition of a fine, legal persons and branches of foreign legal persons shall be subject to a fine from LTL 8,000 to LTL 10,000. . [Part shall apply from 1 May 2006] 12. For an infringement of the requirement set forth in paragraph 2 of Article 19 of this Law, to set up in restaurants, cafes, bars and other premises intended for providing services for the population, in which smoking is not prohibited, separate premises (places) for smokers, legal persons shall be subject to a fine from 1,000 to LTL 5,000. 13. For infringements of this Law, fines shall be imposed by: 1) State Public Healthcare Service under the Republic of Lithuania Ministry of Health - for infringements of paragraph 1 of Article 9; 2) State Service of Tobacco and Alcohol Control for the infringements of the provisions in paragraph 1 of Article 10, paragraphs 1, 2, 3, 4, 5 and 7 of Article 12, Article 13, paragraph 1 of Article 14, sub-paragraphs 1, 2, 3, 4 and 6 of paragraph 3 of Article 14, paragraph 5 of Article 14, Articles 15, 16, paragraph 1 of Article 17 (except for the infringements in information media), paragraphs 4 and 5, Article 18, and paragraph 2 of Article 19; 3) The National Consumers’ Rights Protection Board under the Ministry of Justice of the Republic of Lithuania - for infringements by the mass information media of the provisions in sub-paragraph 5 of paragraph 3 of Article 14 (when the State Inspectorate of Non-Food Products under the Republic of Lithuania Ministry of Economy issues a record of infringement) and for those in paragraph 1 of Article 17; 4) State Inspectorate of Non-Food Products under the Republic Ministry of Economy - for the infringements of the provisions in sub-paragraphs 6 and 7 of paragraph 3 of Article 14; 5) the State Tax Inspectorate – for the infringements of the provisions in sub-paragraphs 1 and 4 of paragraph 3 of Article 14; 6) the executive institutions of local governments - for infringements of the requirements set forth in retail marketing undertakings, set forth in paragraph 1 of Article 10, and paragraph 1 of Article 14 and also, for the infringements of the provisions in Articles 15, 16, paragraph 1 of Article 17, (outdoor advertisement means), paragraphs 4 and 5 and paragraph 1 of Article 18; 7) chiefs of police institutions or the persons authorised by them for infringements of the provisions of sub-paragraphs 1, 2 and 3 of paragraph 3 of Article 14; 8) officials of the Department of Customs under the Republic of Lithuania Finance Ministry - for infringements of the provisions of sub-paragraphs 1 and 3 of paragraph 3 of Article 14. 14. The institutions indicated in paragraph 13 of this Article shall in imposing the fines for infringements of this Law, within the scope of their competence, determine the specific amount of the fine taking into consideration the nature of the infringement and circumstances extenuating or aggravating the liability. Should there be liability-extenuating circumstances present, the amount of the imposed fine must not exceed the average of the economic sanction for the committed infringement., and should there be liability-aggravating circumstances present, the amount of the economic sanction imposed must be at least equal to the average of the infringement committed. Should there be both extenuating and aggravating circumstances of liability present, the fine shall be imposed taking into account the amounts and significance thereof. The reduction or increase of the fine shall be motivated by the decision of the institution imposing the fine for infringements of the requirements set forth in this Law. 15. The fact that legal persons and branches of foreign legal persons, or farmers, having committed an infringement, have voluntarily barred the way of the harmful consequences of the infringement, have provided assistance to the competent institutions during the investigation, compensated the losses or eliminated the damage shall be deemed extenuating circumstances with regard to liability. The fact that legal persons, branches of foreign legal persons or farmers have obstructed the investigation, concealed the committed infringement, continued the infringement disregarding the instruction by a competent institution to cease illegal activities shall be deemed aggravating circumstances with regard to liability. The institution, which shall impose the fine, may acknowledge liability under extenuating or aggravating circumstances and other circumstances which have not been indicated in this paragraph. 16. New licences shall not be issued for a term of five years from the day of revocation of the licences, to undertakings whose licences have been revoked according to paragraphs 3 or 6 of this Article. 17. The licences held by undertakings shall be revoked, if for the undertakings themselves, heads of the undertakings or for other personnel of the undertakings (who have acted on behalf of the undertaking, or for the interests thereof) a criminal conviction, a court decision has become effective, a ruling, a corresponding decision of the customs department, tax inspectorate, police, or the State Tobacco and Alcohol Control Service regarding the imposition of a fine or penalty for the contraband of tobacco or tobacco products, marketing, storing or transporting of falsified tobacco products without legally valid documents certifying the acquisition thereof and also, for unlawful storing, transporting or marketing of tobacco products without the special marks-tax marks, has become effective. New licences shall not be issued to these undertakings and also the undertakings whose licences shall be revoked in accordance with paragraph 5 of this Article. 18. The validity of a licence shall be revoked by institutions, which within the scope of their competence shall issue licences to engage in the manufacturing of tobacco products and wholesale or retail marketing of tobacco products. Article 27. Report of Infringement of Law and Terms of Case Investigation 1. The personnel (officials) authorised by the institutions indicated in paragraph 13 of Article 26, having determined a infringement of the provisions of this Law, shall draw up a report of the content established in the Republic of Lithuania Code of Administrative Violations. 2. Institutions indicated in paragraph 13 of Article 26 of this Law shall examine the cases and impose economic sanctions at least within a one month term from the day of establishment of the infringement. Article 28. Participants in Case Investigation Proceedings 1. In investigating a case at the institution, which designates economic sanctions for the infringements indicated in Article 26 of this Law, the following shall participate: 1) the person, who is suspected of having infringed this Law (suspected violator); 2) other persons, to whose interests the case being investigated is related, according to the decision of the institution indicated in paragraph 13 of Article 26 of this Law; 3) the representatives of State and local government institutions per their own request; 4) experts, specialists and other persons, according to the decision of the institutions indicated in paragraph 13 of Article 26. 2. The persons who have been indicated in sub-paragraphs 1 and 2 of this Article shall further be referred to in this Law as parties to the proceedings. 3. Their authorised representatives may represent parties to the proceedings. Article 29. Report on Examination of Case Parties to the proceedings shall be informed in writing regarding the established infringements of this Law, location and time of investigation of the case and also a proposal shall be conveyed to submit own opinion in writing. Article 30. Examination of Case 1. The case shall be examined with the parties to the proceedings and other participants in the proceedings in attendance. 2. During the examination of the case, the parties to the proceedings shall have the right to become familiar with the collected material, present oral and written explanations, present evidence and state requests. 3. Should the parties in the proceedings fail to attend, the case may be examined only in those instances, when information is available to the effect that they had been informed on time, regarding the location and time of the examination of the case and also, that they have been accorded the right to become familiar with the material of the case and to submit explanations. Article 31. Decisions Adopted Following Examination of Case 1.The institutions indicated in paragraph 13 of Article 26 of this Law, having examined the case, must adopt the following decision: 1) to impose the economic sanctions established by this Law; 2) to refuse to impose economic sanctions, in the absence of a basis established by this Law; 3) to dismiss the case in the absence of infringement against this Law; 4) to return the case for further investigation. 2. Upon examination of a case, the following must be indicated in the adopted decision: 1) the name of the institution which has adopted the decision; 2) the date and place of examination of the case; 3) information about the violator; 4) the circumstances of committing of infringement; 5) evidence of the guilt of the violator on which the decision is based; 6) the article of this Law, which determines the liability for the infringement; 7) the explanations by the violator and assessment thereof; 8) the adopted decision; 9) the terms and procedure of appealing the decision. 3. The decisions of the institutions indicated in paragraph 13 of Article 26 of this Law shall be sent to the persons in reference to whom they were adopted, within two working days of their adoption. Article 32. Exaction of Fines 1. The imposed fine must be paid into the State Budget at least within the term of one month from the day the decision to fine them has been handed down to the violators of the Law, and in the event that the fine has been imposed by an executive institution of a local government, into the budget of that local government. 2. The bailiffs shall exact he unpaid fines in implementing the decisions of the institutions indicated in paragraph 13 of Article 26 of this Law, in accordance with the procedure set forth in the Code of Civil Proceedings of the Republic of Lithuania. The decision may be handed down for implementation at least within three years from the day of adoption thereof. Article 33. Appeal of Decisions on Imposition of Economic Sanctions 1. Persons, who do not agree with the decision on imposition of economic sanctions, shall have the right to appeal in court within one month from the day of the handing down of the decision in accordance with the procedure set forth by the Law on Administrative Proceedings of the Republic of Lithuania. 2. A court appeal shall interrupt the implementation of the decision to impose economic sanctions. Article 34. Disputes Regarding Infringement of This Law Disputes regarding the infringement of this Law shall be resolved in accordance with the procedure established by the laws of the Republic of Lithuania. Annex to Republic of Lithuania Law No IX –1840 November 20, 2003 The Law on of the Republic of Lithuania on Tobacco Control has been harmonised with the following legal acts of the European Union: 1) The Council Directive of 3 October 1989 (89/552/EEC) on the harmonisation of certain provisions laid down by law, regulation or administrative action in Member States concerning the harmonisation of the pursuit of television broadcasting activities (with the last amendments, issued June 30, 1997 by the directive of the European Parliament and Council 97/36/EB); 2) The Directive 2001/37/EC of the European Parliament and of the Council of Europe of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products; 3) Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products. I promulgate this law passed by the Seimas of the Republic of Lithuania PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS

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