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REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON ALCOHOL CONTROL (As amended by 21 December 1995) Chapter I GENERAL PROVISIONS Article

  1. Basic Concepts Used in this Law Ethyl alcohol (hereinafter referred to as alcohol) means material having a narcotic effect, which can bring about addiction to it and dependence upon it. Alcohol products means non-denatured ethyl alcohol, denatured ethyl alcohol, ethyl alcohol for technical use, alcoholic beverages, ingredients and raw materials that contain ethyl alcohol. Alcoholic beverages means beverages which contain from 1 to 50 per cent of ethyl alcohol by volume. Alcohol advertisement means audio or visual information, introducing alcoholic beverages, their manufacturing, trade, import and means of serving it, or supporting the use of it, transmitted impersonally through use of various ways and means, including direct and indirect alcohol advertisement, in order to obtain the result of effect of direct or indirect support of alcoholic beverages. Indirect advertisement of alcoholic beverages constitutes support of alcohol sales and use, through popularising names of enterprises which manufacture, produce or sell alcoholic beverages, through use of the goods labels, symbols and other indications characteristic of alcoholic beverages, and also including goods, products and other material data storage bases, and services sold in the Republic of Lithuania that are not directly connected with alcoholic beverages and their use. Alcoholic beverage support means informative and persuasive actions directed at the consumer, which do exert an influence upon the decision to purchase alcoholic beverages. Alcohol control includes the totality of means employed in this Law and other legal acts, including the production of alcohol products, their import, domestic trade, consumption, state regulation means of alcohol advertisement, intended for the general consumption of alcohol and also, the alcoholic beverages and other products, that contain ethyl alcohol, to lower harmful results induced by ethyl alcohol use to health and economy. Local permanent trade establishments and local permanent public catering establishments - whose buildings, as real property, are established through state legal registration, by the laws of the Republic of Lithuania and other legal acts. Article
  2. The Objective of the Law on Alcohol Control and Relations Regulated by It The objective of the Law on Alcohol Control shall be reduction of alcohol consumption in general, alcohol abuse, and the damage it causes to health and economy, and to establish introduction of state monopoly on alcohol product manufacture and trade and the right of state monopoly to produce, sell and import alcohol products, noted in this Law, and of granting the economic entities legal bases. This Law shall regulate relations in connection with the manufacture of alcohol and food products, with alcohol additives, and other products containing ethyl alcohol, their manufacture, internal trade, storage, import, export, and use and shall also establish the bases of state control of alcohol in the Republic of Lithuania. Article
  3. Principles of State Alcohol Control Policy The principles of state alcohol control policy shall be: 1) to reduce accessibility of alcoholic beverages through taxation; 2) to limit through state regulatory means, private profit, obtained from the manufacture of alcoholic drinks, import and trade in alcoholic beverages; 3) to encourage enterprises to import and sell alcoholic beverages which contain less than 22 per cent of ethyl alcohol by volume; 4) to limit the support and sales of alcoholic beverages; 5) in addition, to use the funds resulting from payments of the established portion of excise taxes for alcoholic beverages, to prepare and implement health programmes; 6) to urge private enterprises to join in implementation of state alcohol control policy; 7) to augment public informativeness concerning the questions of social and economic harm to health and economy, resulting from alcohol use; 8) to augment the number of population members, who do not use alcoholic beverages, or use them infrequently, by promoting programmes of temperance organisations.; 9) to support manufacture and sales of non-alcoholic beverages; 10) to support planning of an alcohol-free living environment; 11) to encourage formation of alcohol-free social environment and social activity. In the event the relations listed in the second part of Article 2 of this Law, shall not be regulated by laws, or if legal acts controlling similar relations, may not be applied to them, then in resolving arising disputes, the principles listed in the first part of this Article shall be applied. Chapter II SPECIFIC FEATURES OF THE REGULATION OF ALCOHOL AND OTHER PRODUCTS, CONTAINING ETHYL ALCOHOL, THEIR MANUFACTURE, TRADE, IMPORT, EXPORT, AND USE. REGULATION OF THE ALCOHOL PRODUCT CLASSIFICATION, REQUIREMENTS AND INDICES OF QUALITY AND PUBLIC HEALTH PROTECTION Article
  4. Specific Features of the Regulation of the Manufacture, Trade and Import of Alcohol Products Alcohol products are attributed to special products, the manufacture, import, trade and use of which, in accordance with this and other laws and legal acts, shall be applied a special state regulatory regime. The Government of the Republic of Lithuania, basing itself on the first part of Article 4 of the Law on Trade, may under certain circumstances introduce wholesale and retail trade monopoly of alcoholic beverages. Bases and conditions of introduction of monopoly and order of its implementation shall be determined by laws and decrees of the Government of the Republic of Lithuania. In the presence of extraordinary circumstances, when the rate of sickness of the Lithuanian population with alcohol- induced psychoses exceeds the established index, the Government of Lithuania may set manufacture and import quotas of alcoholic beverage groups. The rate of sickness with alcohol- induced psychoses, the manufacture and import quotas of alcoholic beverages groups, which are established when this rate is exceeded, as well as time limits of their introduction shall be set by the Government of the Republic of Lithuania upon the proposal of the Ministry of Health Care. Article
  5. Specific Features of State Regulation of the Manufacture, Sales, Import and Consumption of Products Containing Ethyl Alcohol If liquids (technological, perfume and cosmetics industry products etc.) which contain ethyl alcohol, are used as intoxicating drinks, the Government of the Republic of Lithuania shall have the right, basing itself upon selective research data supplied by the Ministry of Environmental Protection, on the use of these liquids and the harmful effects upon health, to regulate their manufacture, import, domestic trade and consumption in accordance with the norms set forth in this Law. The Government of the Republic of Lithuania shall establish the procedure for the manufacture and import, as well as domestic trade of the food products, containing alcohol additives, on the basis of this and other laws, as well as legal acts. Article
  6. Regulation of Quality and Hygiene Indicators of Alcohol Products Alcohol products, manufactured by Lithuanian enterprises, imported and sold in Lithuania (hereinafter referred to as - alcohol products), according to their quality and hygienic indices must conform to normative documents of the Republic of Lithuania. Requirements regarding the quality of alcohol products shall be established in normative documents which shall be prepared and approved by the Lithuanian Standardisation Agency under the Ministry of Public Administration Reforms and Municipal Affairs. Hygienic indices of alcohol products shall be established in normative documents, that are being prepared by the Ministry of Health Care. For every parcel of alcohol products manufactured in the Republic of Lithuania, the manufacturing enterprise must issue a certificate attesting to the quality of these products, in accordance with the example, provided by the State Quality Inspectorate of Lithuania, under the State Competition and Consumer Rights' Protection Agency. (Amended 3 July 1995) Individuals responsible for the manufacture of alcohol products, that do not correspond to the quality and/or hygienic indices, of manufacture and release into circulation, established in normative documents of the Republic of Lithuania, shall be liable under the laws and other legal acts. Article
  7. Determination of Conformity of Alcohol Products to Requirements of Normative Documents The State Quality Control Inspectorate of Lithuania under the State Competition and Consumer Rights' Protection Agency, State Hygiene Inspectorate under State Public Health Care Service, State Public Health Care Service under the Ministry of Health Care and other control institutions authorised by the Government of the Republic of Lithuania, in accordance with their competence, shall verify whether the alcohol products are in keeping with requirements of this Law and of the normative documents of the Republic of Lithuania. Accredited laboratories shall test the alcoholic beverages. The procedure and pricing of the quality and hygienic examination principles shall correspondingly be determined by the State Quality Inspectorate of Lithuania under the State Competition and Consumer Rights' Protection Agency and the Ministry of Health Care. (Amended 3 July 1995) In the event the control institutions authorised by this Law and other legal acts, while testing the selected alcohol product samples, shall establish that these do not match the normative document requirements, it shall be construed that the entire shipment of alcohol products from which the samples were taken, does not meet these requirements. The procedure for the suspension of sales and further use of the alcohol product shipments, that according to the findings of the examination performed under the instructions of control institutions, have been acknowledged as failing to meet the requirements established by this Law and other normative documents, shall be established by the Government of the Republic of Lithuania. Article
  8. Classification of Alcoholic Beverages The types of alcoholic beverages produced by Lithuanian enterprises and those imported and sold within the Republic of Lithuania (further - alcoholic beverages), are classified into groups, taking into account their ethyl alcohol volume concentration. A maximum concentration of ethyl alcohol shall be established for each alcoholic beverage group. The alcoholic beverage groups and concentration of ethyl alcohol in them shall be established by normative documents which shall be prepared by the State Tobacco and Alcohol Control Service under the Government of the Republic of Lithuania (STACA) and shall be confirmed by the Lithuanian Standardisation Agency under the Ministry of Public Administration Reforms and Municipal Affairs. Article
  9. Marking of Alcoholic Beverages Normative documents of the Republic of Lithuania, which shall be prepared and confirmed by the Lithuanian Standardisation Agency under the Ministry of Public Administration Reform and Municipal Affairs, shall establish requirements of the marking of alcoholic beverages. Labels of alcoholic beverages manufactured and sold within the Republic of Lithuania must show the volume concentration of ethyl alcohol contained in them. Chapter III LIMITATION OF ALCOHOL ACCESSIBILITY Section
  10. State Regulation of Manufacture of Alcohol Products Article
  11. Regulation of the Manufacture of Home -Brewed Strong Alcoholic Beverages Production of home-brewed liquor, brew, and other strong alcoholic beverages shall be prohibited in Lithuania. The STACA shall establish the criteria for recognition of alcoholic beverages as home-brewed strong alcoholic beverages. Article
  12. Specific Features of the Regulation of Alcohol Product Manufacture in the Republic of Lithuania Ethyl alcohol used in the manufacture of alcoholic beverages and ethyl alcohol additives, must be produced solely from food raw materials and must not be denatured. Normative documents prepared and confirmed by the Ministry of Health Care, establish the criteria for acknowledging alcohol products as denatured. The use of industrial methods by enterprises in wine manufacturing using juice which contains sulphites, is prohibited in the Republic of Lithuania. Installation of such foreign equipment, designed for manufacture of alcoholic beverages of lower quality than those in the countries themselves or Lithuania, of analogous higher quality manufacture shall be prohibited in the Republic of Lithuania. Article
  13. Granting of the Right to Manufacture Alcohol Products to Enterprises Enterprises shall be permitted to produce alcohol products only in instances where they have been granted a three-year licence by the Government of Lithuania or upon its authorisation, by STACA. The licence to produce alcohol products shall be given to enterprises only in instances where they have the normative documents, that have been confirmed in the established procedure, which determine the technical conditions (equipment), quality and hygienic requirements and indicators, a laboratory for testing the quality of alcoholic beverages, and personnel of prescribed qualification level. STACA shall set the personnel qualification requirements. The licences must include a listing of the types of alcohol products, including alcoholic beverages, whose manufacture is permitted. The conditions and procedure of granting and revoking of licenses and the reasons for refusal of issuing such, for manufacture of alcohol products, shall be established by the Government of the Republic of Lithuania, in accordance with this Law and the Law on Enterprises. Article
  14. Granting of the Right to Established Types of Enterprises to Manufacture Certain Alcohol Products The right to manufacture non-denatured ethyl alcohol, as well as, alcoholic beverages, whose ethyl alcohol volume concentration exceeds 22 per cent, shall be granted only to state and special purpose enterprises, in the manner established by this Law and other legal acts. This requirement shall not be applied in the second part of this Article to a designated enterprise and the alcoholic beverage assortment established for it and also, the Stock Company "Sema," producing non-denatured ethyl alcohol, as an additional product of basic yeast manufacture. (Amended 3 July 1995) Only the Close Stock Company "Lietuviðkas Midus" shall be given the right to manufacture the alcohol products that it had been manufacturing up to adoption of this Law, in the manner established by this Law and other legal acts. Other types of enterprises shall be granted the right to manufacture other alcohol products, including alcoholic beverages, whose ethyl alcohol volume concentration does not exceed 22 per cent, in the manner established by this Law and other legal acts. The provisions of the first, second and third parts of this Article shall be in effect until December 31,
  15. The right to manufacture alcohol products whose volume concentration exceeds 22 per cent shall be granted only to state enterprises from January 1,
  16. The conditions and order of the state monopoly of alcohol product manufacture shall be established by the laws and the resolutions of the Government of the Republic of Lithuania. Section
  17. State Regulation of Alcohol Product Import and Export Article
  18. Certain Aspects of Alcoholic Beverage Import into Republic of Lithuania The amount of alcoholic beverages, allowed to be brought into the Republic of Lithuania by citizens of the Lithuanian Republic and foreigners, foreign country diplomatic representations and airline and ship suppliers, shall be determined by the Government of the Republic of Lithuania following STACA presentation. The permissible amount of alcoholic beverages that can be brought into the Republic of Lithuania, may be determined according to alcoholic beverage groups.(Amended 3 July 1995) The procedure for import of alcohol products into the Republic of Lithuania and its carriage in transit across its territory, shall be established by the Government of the Republic of Lithuania. Article
  19. Certain Aspects of State Regulation of Alcoholic Beverage Import Only enterprises that have a permit issued by the Government of the Republic of Lithuania, or upon its recommendation by STACA, to manufacture alcohol products, in the manner established by this Law and other legal acts, shall be permitted to import non-denatured ethyl alcohol, without the right of selling it to other enterprises. Article
  20. Procedure for the Importation of Alcohol Product Enterprises shall be permitted to import alcohol products when: 1) they have a license issued in the manner established by this Law and decrees of the Government of the Republic of Lithuania; 2) manufacturing enterprises have a certificate issued by the economic entity of a foreign country, certifying the quality of the alcohol products; 3) they have established special marking of alcoholic beverage containers. Registration requirements of documents, indicated in item 2 of the first part of this Article, shall be established by the State Quality Inspectorate of Lithuania under the State Competition and Consumer Rights' Protection Agency. (Amended 3 July 1995) The procedure for special marking of containers for imported alcoholic beverages and its application, shall be established by the Government of the Republic of Lithuania. Enterprises, which had imported alcohol products, must record this into their accounting documents, in the manner and within time limits established by the Government of the Republic of Lithuania. The procedure for import of alcohol shall be established by the Government of the Republic of Lithuania in accordance with this Law. Article
  21. Procedure for Issuing Alcohol Product Import Licences The Government of the Republic of Lithuania or, upon its recommendation, STACA, shall issue one-year licences to import alcohol products. The number of allowed licences issued each year to import alcoholic beverages, shall be established by the Government of the Republic of Lithuania or, upon its recommendation, STACA, based upon general alcohol consumption tendencies, and statistical data on dangerous consequences to health and economy occasioned by alcohol consumption, however, the number of valid import licences must not exceed ten per each year. Licences for alcoholic beverage import shall be issued according to public bidding, the conditions and procedure of which shall be established and announced through the mass media, the Government of the Republic of Lithuania. Licenses to import alcoholic beverages shall be issued only to those enterprises which present documents, attesting to the existence of contracts with such foreign economic entities, who, on the merits of the reliability of their manufacturing quality, are included in the bulletins printed by the alcoholic beverages (with the exception of beer) manufacturer associations. (Amended 3 July 1995) The types of alcohol products, as well as groups of alcoholic beverages which are allowed to be imported shall be specified in the licences. Enterprises which have licences to import alcohol products shall be prohibited from transferring to other economic entities, according to contract, the right to import alcohol products, by using in the shipping documents the names of enterprises having this right. The Government of the Republic of Lithuania shall establish the conditions and procedure for issuing licences to import alcohol products, their revocation and basis for refusal thereof, guided by this Law and the Law on Enterprises. Article
  22. State Control of Export of Alcohol Products The procedure for exporting alcohol products shall be determined by the Government of the Republic of Lithuania on the basis of this Law. Chapter III REGULATION OF DOMESTIC TRADE IN ALCOHOL PRODUCTS Article
  23. Licences for Domestic Trade in Alcohol Products Wholesale trade in alcohol products shall be permitted only with the licence issued for the period of one year by the Government of the Republic of Lithuania or, on its instruction, by the STACA. Licences for wholesale trade shall be issued on competitive basis. Licences issued to enterprises in accordance with the established procedure for the manufacture or importation of alcohol products shall also be valid, with the exception of cases specified in Article 15 of this Law, for wholesale trade in alcohol products, but only of those types as well as belonging to those groups of alcoholic beverages which are recorded in the licences to manufacture or import alcohol products. The volume of wholesale trade must correspond to the volume of production or imports of alcohol products. Retail trade in alcoholic beverages shall be permitted only with the licence issued for the period of one year by the executive institution of the appropriate local authority in accordance with the provisions of Articles 20, 21 and 22 of this Law provided that an agreement is given by the appropriate police commissariat. Licences for seasonal trade in beer and alcoholic beverages less than 22 per cent of ethyl alcohol by volume shall be issued for the period of the holiday season.(Amended 3 July 1995) The specific number of licences permitted to be issued every year for retail trade in alcoholic beverages in commercial and public catering establishments shall be determined by the executive institution of the local authority on the basis of total consumption trends in the administrative unit of the appropriate territory and statistical data concerning the harmful effects on health and economy resulting from alcohol consumption. The local authority shall determine the number of temporary retail and public catering establishment licences to be issued for the sale of alcoholic beverages whose ethyl alcohol concentration volume does not exceed 12 per cent, at mass sports, cultural, religious, and festive events, meetings, demonstrations and exhibits, and shall issue them. (Amended 3 July 1995) Licences for retail trade in alcoholic beverages and sale of alcoholic beverages in public catering establishments shall be issued on the basis of an open competition the conditions and procedure whereof shall be established and announced by local authorities by means of public information media. The procedure for issuing licences in municipalities shall be controlled by the STACA representatives. The types and groups of alcoholic beverages, the sale whereof is licensed, and the time and place of trading in them must be recorded in the licences for retail trade in alcoholic beverages in trade and public catering establishments. The terms and procedure for issuing to establishments licences for domestic trade in alcohol products or for revoking said licences, or the grounds for refusing to issue same shall be established by the Government of the Republic of Lithuania pursuant to this Law and the Law on Enterprises, as well as in accordance with the procedure of sale of alcohol products. Article
  24. Requirements for the Sale of Alcohol Products It shall be prohibited to sell the following products in the Republic of Lithuania: 1) alcohol products without the appropriate certificate issued by the manufacturing enterprise attesting to the quality of every shipment of alcohol products; 2) alcohol products of the types as well as alcoholic beverages according to their groups which are not listed in the licences to import or sell them; 3) imported alcoholic beverages (with the exception of beer) without the prescribed special marking as well as those imported alcoholic beverages (with the exception of beer) the marking whereof lacks additional special marking of the enterprise which possesses the right to import and/or engage in wholesale trade in alcoholic beverages;(Amended 3 July 1995) 4) alcoholic beverages which contain ethyl alcohol manufactured not from food raw materials; 5) those alcohol products, either imported or manufactured in the Republic of Lithuania, the quality and/or hygiene indices whereof do not correspond to the requirements of the normative documents of the Republic of Lithuania; 6) alcoholic beverages, both imported and manufactured in the Republic of Lithuania, the marking whereof does not correspond to the requirements of the Codex Alimentarius and goods labelling regulations, in effect within the Republic of Lithuania; (Amended 3 July 1995) 7) false substitutes of alcoholic beverages; 8) beer which contains more than 9.5 per cent ethyl alcohol by volume; 9) wine which contains more than 22 per cent ethyl alcohol by volume; 10) products of distilled ethyl alcohol which contain more than 50 per cent ethyl alcohol by volume; 11) home-brewed beer (with the exception of beer brewed in accordance with normative documents, with a licence issued in the established order); or home made wine; (Amended 3 July 1995) 12) non-denatured or denatured ethyl alcohol as well as technical ethyl alcohol if sold to the population, with the exception of non-denatured ethyl alcohol sold to the population by pharmacies in accordance with the procedure established by the Ministry of Health Care; 13) bottled alcoholic beverages, with the exception of the sale of such in permanent public catering establishments (without the right to carry out) and beer on tap, sold in beer brewery firm stores; (Amended 3 July 1995) 14) alcoholic beverages in movable commercial establishments, with the exception of factory-bottled beer sold from kiosks; 15) alcoholic beverages to individuals who are under 18 years of age; 16) alcoholic beverages to intoxicated persons; and 17) alcoholic beverages to officers who are wearing a uniform. The procedure for supplementing the special marking of imported alcoholic beverages (with the exception of beer) with a special mark of an establishment possessing the right of alcoholic beverages retailer shall be established by the STACA. (Amended 3 July 1995) Persons who sell alcoholic beverages shall have the right to request, when necessary, that the individual who is buying alcoholic beverages present a document attesting his age. Wholesale commercial establishments which have the right to sell alcoholic beverages shall be permitted to sell said products only to those retailers or public catering establishments which have licences to engage in this type of trade. Enterprises which have a licence to manufacture alcohol products shall be permitted to sell said products to wholesale and retail commercial establishments or public catering establishments which have licences to engage in the activities. Legal and natural persons who manufacture or sell poor quality alcohol products or false substitutes, having forged or presented falsified certificates attesting to the correspondence of the alcoholic beverages to the quality requirements of alcohol products or the prescribed special marking and marks shall be held liable under this Law and other laws. Article
  25. Procedure of Sale of Alcoholic Beverages in Retail Trade and Public Catering Establishments (Amended 3 July 1995) In the Republic of Lithuania sale of alcoholic beverages shall be prohibited in: 1) health care, health promotion and sports establishments and within their respective territories, close to the houses of worship (at a distance determined by local authorities in conjunction with the religious communities; 2) in shopping places selling goods for children and teenagers; 3) at mass sports, cultural, religious, festive events, rallies or manifestations (except alcoholic beverages less than 12 per cent of ethyl alcohol by volume); 4) from vending machines; 5) at the roadsides of international and national roads, except in permanent public catering establishments set up within the distance prescribed by standard documents of the Republic of Lithuania; 6) within commercial and public catering establishments located at filling stations and close to them (at a distance prescribed by local authorities);(Amended 3 July 1995) 7) to persons who are under 18 years of age; and 8) in other cases determined by the Government of the Republic of Lithuania. Sale of alcoholic beverages shall be permitted only in permanent commercial establishments designated exclusively for this type of trade, or in their specialised sections assigned for such trade and public catering establishments, with the exception of sale of factory-bottled beer from kiosks. (Amended 3 July 1995) Sale of alcoholic beverages in commercial and public catering establishments which have been set up, or are being set up, in multi-family apartment houses shall be permitted in accordance with the procedure established by the Law on the Associations of Multi-Family Apartment House Owners, and the Resolution of the Seimas of the Republic of Lithuania "Regarding the Implementation of the Law of the Republic of Lithuania on Multi-Family Apartment House Owners." (Amended 3 July 1995) Sale of alcoholic beverages in commercial and public catering establishments shall be permitted only from 11.00 a.m. to 6 a.m. of the following day (beer sales are permitted from 8 a.m.) A stamp duty at a double rate shall be collected for the issuance of a licence to sell alcoholic beverages in commercial establishments after
  26. 00 p.m. and in public catering establishments after 12.00 p.m. (Amended 3 July 1995) The executive institutions of local authorities shall have the right to restrict the fixed hours of sale of alcoholic beverages according to the established groups of alcoholic beverages, taking into account the breaches of the procedure of trade in alcoholic beverages committed by the establishments and the proposals of the relevant police commissariats. The regulations governing the sale of alcoholic beverages in commercial and public catering establishments, including duty- free shops, shall be approved by the Government of the Republic of Lithuania on the basis of this Law. (Amended 3 July 1995) For breaches of alcoholic beverages sale regulations heads of appropriate police commissariats shall have the right to suspend for up to 24 hours the sale of alcoholic beverages in commercial and public catering establishments. (Amended 3 July 1995) The executive institutions of local authorities shall have the right to restrict or prohibit the sale of alcoholic beverages on the days of national and religious holidays and mass events. Article
  27. (Repealed 3 July 1995) Chapter IV REDUCTION AND CONTROL OF CONSUMPTION OF ALCOHOLIC BEVERAGES Section
  28. Organisational Measures for Reducing the Total Alcohol Consumption Article
  29. Planning of Reduction of the Total Alcohol Consumption In the programme of its activities the Government of the Republic of Lithuania must establish for the period of its office the figures for the reduction of the total alcohol consumption. Article
  30. Statistics of Alcohol Product Manufacture, Sale, Import, Export, Consumption, and the Damage Inflicted by Alcohol Products on Health and Economy In the Republic of Lithuania accounting of alcohol product manufacture, domestic and foreign sales thereof, and related statistical information shall be kept in accordance with the established procedure. All enterprises which manufacture and sell alcohol products in the Republic of Lithuania must maintain the accounting of the manufacture and domestic sale thereof and provide, in the established manner, statistical information thereon to the Statistics Department under the Government of the Republic of Lithuania. Accounting of foreign trade in alcohol products of the Republic of Lithuania shall be kept in accordance with the data of cargo declarations produced to the customs. Statistical data concerning foreign trade of the Republic of Lithuania shall be provided to the Statistics Department under the Government of the Republic of Lithuania, in accordance with the established procedure, by the Customs Department under the Ministry of Finance. The procedure for providing and announcing accounting and statistical information used in the statistics of alcohol products manufacture, domestic and foreign trade shall be approved by the Government of the Republic of Lithuania. Government and departmental statistical surveys by sample of alcohol consumption and the economic damage inflicted by alcohol consumption on health and economy shall be conducted in the Republic of Lithuania at least once a year. Legal framework of organising government and departmental statistical surveys by sample of alcohol consumption and the economic damage inflicted thereby on health and economy shall be established by the Law on Statistics. Article
  31. Restriction of Consumption of Alcoholic Beverages In the Republic of Lithuania consumption of alcoholic beverages shall be prohibited: 1) in all educational, health care, military and para- military, and police establishments and within their territories; 2) in state power and government institutions, except at official receptions; and 3) in all public transport, except long-distance trains and ships which have special places for public catering as well as planes, flying beyond the boundaries of the Republic of Lithuania. Executive institutions of local authorities shall have the right to determine public places in which consumption of alcoholic beverages or their appropriate groups shall be prohibited. Article
  32. Informing the Public about Alcohol and the Critical Damage it Inflicts on Health and Economy The Ministry of Education and Science must prepare programmes for the promotion of health at all schools of general education and other educational establishments and include health promotion issues in the newly published textbooks. All educational establishments must, upon coordination with the Ministry of Health Care, include material concerning alcoholic beverages and the damage they cause to health and economy as well as information about the formation of a healthy way of life and a health-friendly environment which would prevent damage to health caused by alcohol consumption. The Lithuanian radio and television must at least twice a week devote no less than 5 minutes of the total transmission time to the broadcasting of programmes on the health promotion matters at the time most convenient to TV viewers and radio listeners. Article
  33. Alcohol Control Programmes The Government of the Republic of Lithuania shall prepare, approve and implement the State Alcohol Control Programme. The State Alcohol Control Programme shall be financed from the State Health Fund. The procedure for setting up the State Health Fund and forming the sources of its resources shall be established by law and the decrees of the Government of the Republic of Lithuania. In procedure to implement the objectives of the State Alcohol Control Programme local authorities shall prepare and implement municipal alcohol control programmes. Municipal alcohol control programmes shall be financed with the resources from the municipal health funds. The procedure for establishing municipal health funds and forming the resources thereof shall be determined by laws and other legal acts. Other legal and natural persons may also prepare other alcohol control programmes, submit proposals on the drafting and implementation thereof to the Government of the Republic of Lithuania, the National Health Board (hereinafter referred to as NHB), STACA, and other institutions which shape and implement the State alcohol control policy. Alcohol control programmes shall be prepared, financed, implemented and controlled in accordance with the regulations of preparation, approval, financing, implementation and control of health programmes as approved by the Government of the Republic of Lithuania. Article
  34. Support for the Programmes of Activities of Temperance Organisations The programmes of activities of temperance organisations shall be supported in the established manner: 1) from the State Health Fund and municipal health funds, established by the Law on Health System and by charity donors and sponsors; 2) by enterprises, institutions and organisations in accordance with the procedure established by the Law on Charity and Sponsorship; and 3) with other legally obtained resources. The procedure in accordance with which the programmes of activities of temperance organisations are supported from the health funds set up by the Law on Health System shall be established by the regulations of the above funds. Section
  35. Restriction of Alcoholic Beverages Promotion Article
  36. Restriction of Alcoholic Beverages Sales Promotion Enterprises which have the right to sell alcoholic beverages shall be prohibited from applying the following means of sales promotion: 1) to release a certain portion of goods without payment or as a bonus; 2) to apply discounts of the fixed amount to the holders of coupons published in the mass media; 3) to organise a free distribution of samples of new alcoholic beverages; 4) to supply their products as prizes or as added incentive to a prize in lotteries, competitions or games, except beer or sparkling wine; and 5) to organise competitions of retailers for the promotion of alcoholic beverages. The Government of the Republic of Lithuania may also prescribe other restrictions of alcoholic beverages sales promotion to the enterprises which have licences to sell alcoholic beverages issued in accordance with the established procedure. Article
  37. Prohibition of Alcoholic Beverages Advertising In the Republic of Lithuania advertising of alcoholic beverages shall be prohibited: 1) in the radio and television programmes produced at Lithuania's radio and TV stations, as well as in the Lithuanian press; 2) by using specialised promotional publications devoted to the advertising of alcohol which have been published in foreign countries and imported into the Republic of Lithuania; 3) by mail (using postcards, envelopes, stamps); and 4) in other ways or by other means of broadcasting audio or visual information, including indirect advertising of alcoholic beverages. Compliance with the prohibition of alcohol advertising shall be controlled by the STACA, the Mass Media Board at the Ministry of Justice, local authorities. (Amended 21 December 1995) The criteria for recognising the contents and arrangement of audio or visual information or the ways of transmission thereof as advertisement for alcohol and the procedure of control of compliance with the alcohol advertisement prohibition shall be established by the Government of the Republic of Lithuania. Article
  38. Restriction of Popularising Alcoholic Beverages Manufacturing Enterprises and Commercial Establishments Alcoholic beverages manufacturing enterprises and commercial establishments of the Republic of Lithuania and foreign countries may sponsor sporting, cultural and other events which are not connected with alcoholic beverages or their consumption. Sponsorship shall grant no right in the sphere of alcohol advertisement. Section
  39. Economic Measures of Reducing the Total Consumption of Alcohol Article
  40. Establishment of Differential Customs Duties and Differential Rates of Excise Duties The procedure for imposing customs duties and excise duties upon alcoholic beverages shall be established by laws and decrees of the Government of the Republic of Lithuania. Customs tariffs and rates of excise duties levied on alcoholic beverages sold and imported in the Republic of Lithuania shall be differentiated in accordance with the established groups of alcoholic beverages. The Government of the Republic of Lithuania must regulate customs tariffs and rates of excise duties in such a manner as to ensure that alcoholic beverages price growth exceeds the growth of income of the population. Article
  41. Differentiation of Stamp-duty Rates on Licences to Manufacture, Import and Engage in Trade of Alcohol Products The rates of stamp-duty for the licence to manufacture, sell and import alcohol products shall be differentiated according to the set types of alcoholic beverages, their groups, time for sales of alcoholic beverages and other conditions established by this Law. Article
  42. Establishment of the Minimal Living Standards It shall be prohibited to include alcoholic beverages into the consumer basket for the purpose of establishing minimal living standard. Section
  43. Restrictions on the Abuse of Alcohol Article
  44. Driving Control Persons who drive vehicles in the Republic of Lithuania may be checked for sobriety, drunkenness and concentration of alcohol in the blood. The employers must ensure that the employees who drive vehicles of enterprises, offices and organisations would be checked for sobriety before starting to work. (Amended 3 July 1995) The sobriety and drunkenness checks of individuals driving motor vehicles on the road, shall be conducted by the police. If there exists a suspicion that the driver is intoxicated (or drunken), the police shall employ measures, provided for in normative acts, to establish the degree of intoxication. Individuals who do not agree with the results of the examination, shall be brought to health care facilities designated by the Ministry of Health Care, to determine the degree of intoxication. The conclusion arrived at by health care facilities regarding the sobriety or intoxication shall be viewed as final. The Health care facilities authorised by the Ministry of Health Care for conducting sobriety and drunkenness examinations, shall conduct medical examinations on individuals brought there, or those seeking such examinations. The procedure for the sobriety check on the road, the maximum permissible concentration of ethyl alcohol in the blood and for breathalyser checks of persons when driving surface, water and air transportation means in the Republic of Lithuania, shall be established by the Government of the Republic of Lithuania. Driving of vehicles while in a state of intoxication, the permission to drive a vehicle by an intoxicated person, or turning a transport vehicle over to be driven by an intoxicated person, shall incur liability under the Code of Administrative Violations of Law. (Amended 3 July 1995) Article
  45. Organising of Narcological Care Narcological care in the Republic of Lithuania shall be performed by accredited government and non-government health care facilities, and medical personnel engaged in private narcological care practice in the manner established by the Ministry of Health Care, within the scope of their competence. Narcological care in the Republic of Lithuania shall be co- ordinated by the Lithuanian Narcological Centre which shall be established and the regulations thereof shall be approved by the Ministry of Health Care of the Republic of Lithuania. The procedure for narcological care shall be established by laws, Government decrees and legal acts issued by the Ministry of Health Care of the Republic of Lithuania. (Amended 3 July 1995) In the Republic of Lithuania persons who have poisoned themselves with alcohol may be detoxified at detoxification centres of municipalities and other health care facilities in accordance with the procedure established by laws and other legal acts. The police may compulsorily send these persons to detoxification centres and other health care facilities only if: 1) they may cause substantial harm to their or other persons' health or threaten their or other lives; 2) they are not answerable for their actions. The procedure and conditions for detoxification of persons who poisoned themselves with alcohol as well as the activities of detoxification centres shall be established by the laws and other legal acts. In cases and procedure established by laws, the legal capacity of persons suffering from alcohol dependence syndrome may be restricted and social and psychological rehabilitation measures may be applied to them. Chapter V THE COMPETENCE OF THE MANAGERIAL INSTITUTIONS OF THE STATE ALCOHOL CONTROL Article
  46. State Alcohol Control Policy Formation System State alcohol control policy shall be formed and co- ordinated, within the scope of their competence, by the Seimas of the Republic of Lithuania, the Government, National Health Care Board, municipal councils, and other institutions established by laws. Their powers with regard to alcohol control shall be established by this and other laws and legal acts. Article
  47. The Powers Assigned to the National Health Care Board in the Sphere of Alcohol Control The general powers and rights of the National Health Care Board, the basis of its formation shall be determined by the Law on Health Care System of the Republic of Lithuania. In the sphere of alcohol control, the National Health Care Board shall: 1) contribute to the formation and implementation of the state alcohol control policy; 2) contribute to the preparation and approving of state alcohol control programme and to the co-ordination of its implementation; 3) supervise how STACA and other government institutions implement alcohol control policy; 4) accumulate and generalise information about the efficiency of alcohol control policy and furnish it to the Seimas and Government of the Republic of Lithuania; 5) make available to the public scientific, information, and analytical material, and issue publications on alcohol control policy in Lithuania; 6) participate in the activities of international organisation that are engaged in the investigation and coordination of alcohol control policy; 7) each year shall make a report in the Seimas about the condition of alcohol control in Lithuania; 8) perform other functions attributed to it under this and other laws and regulations of NHB. Article
  48. The System of Executive Institutions of State Alcohol Control Policy State alcohol control shall be executed, within the scope of their competence, by ministries, STACA, other government institutions, state agencies, state inspectorates, executive institutions of local authorities, police, and health care facilities. Their competence in the sphere of alcohol control shall be established by this and other laws and legal acts. Article
  49. The State Tobacco and Alcohol Control Agency For the purpose of the implementation of this Law, the Government of the Republic of Lithuania shall establish the State Tobacco and Alcohol Control Agency. Its competence shall be established by the Law on Health Care System, this Law and the regulations of STACA, which shall be approved by the Government of the Republic of Lithuania. Article
  50. Supervision of the Activities of the State Tobacco and Alcohol Control Agency Every year the Government of the Republic of Lithuania shall form the commission from the representatives of State Control Department, the Ministry of Health Care, the Ministry of Internal Affairs, and the Ministry of Industry and Trade, which shall inspect how STACA complies with the requirements set forth in this Law and how it implements the state alcohol control policy. Chapter VI PROCEDURE FOR INSTITUTING PROCEEDINGS FOR THE VIOLATION OF THE LAW ON ALCOHOL CONTROL Article
  51. Liability for the Violation of the Law on Alcohol Control Persons who have violated the requirements of the Law on Alcohol Control shall be liable under this and other laws. Article
  52. Procedure for Instituting Administrative Proceedings for the Violations of the Law on Alcohol Control Officials of state authorised institutions shall institute administrative proceedings against and impose administrative penalties on individuals and officers for the violation of the Law on Alcohol Control. The instituting of administrative proceedings against individuals and officers shall not release them from the obligation to compensate for the damage caused to health and property. False substitutes of alcoholic products produced in the Republic of Lithuania or smuggled and sold in it, which do not meet quality requirements provided for in normative documents of the Republic of Lithuania shall be seized by STACA or other institutions that control commercial and business activities or health activities, and which are authorised to do that, in accordance with the procedure established by the Code of Administrative Violations of Law. The procedure for the sale or disposal of seized alcoholic products if they do not meet quality requirements prescribed by normative documents and the application of proceeds received from them, as well as the procedure for the establishment of special warehouses and shops for the sale of seized alcoholic products shall be set by the Government of the Republic of Lithuania. Article
  53. Application of Economic Sanctions for the Violation of the Law on Alcohol Control The State Tobacco and Alcohol Control Agency (STACA) or the State Hygiene Inspectorate at the State Public Health Care Agency, or the Lithuanian State Quality Inspectorate at the Lithuanian Competition and Consumer Rights' Protection Standardisation Agency, or the Press Control Board at the Ministry of Justice, or the State Tax Inspectorate at the Finance Ministry, or the police, according to its competence, shall have the right to impose fines on enterprises, institutions and organisations for violations of this Law. Enterprises, which have manufactured and released alcohol products which do not measure up to norms of quality and hygiene requirements, and are manufacturing and importing alcohol products, or are engaging in the sale of such, are not holding an appropriate licence for such activity and are not complying with Items 1-12, of the first part of Article 20, of this Law, with respect to requirements of sale of alcohol products as outlined in parts four and five of this Article, or have violated the order of the sale of alcoholic beverages, shall be required to pay a penalty amounting up to 10 per cent of their annual turnover. For failure to comply with requirements provided for in Items 13-17 of the first part of Article 20, of this Law, enterprises shall pay a fine of two thousand litas, and in the case of repeated violations of these requirements, they shall pay a fine equivalent to 1 per cent of their annual general turnover. Enterprises, offices and organisations, who support the sale of alcoholic beverages in ways, denoted by Article 29 of this Law and/or are in violation of requirements of Article 30 of this Law, shall pay a fine equivalent to the amount of 5 per cent of the size of their annual general turnover (offices and organisations, who are not engaged in commercial and economic activity, shall pay a fine of ten thousand litas). The State Quality Inspectorate at the State Competition and Consumer Rights' Protection Agency of Lithuania shall designate the fines for manufacture and release for consumption of alcohol products, which do not meet quality norm requirements, contained in Items 1, 4, 5 of the first part of Article 20, with regard to failure to comply with requirements in the sale of the alcohol products designated therein. The fines for production, and release for consumption of alcohol products which do not comply with the requirements of the norms of hygiene, and for failure to comply with the requirements as provided for in Items 5 and 12 of part one of Article 20 of this Law, concerning the sale of alcohol products, shall be imposed by the State Hygiene Inspectorate at the State Public Health Care Service. The fines for failure to comply with the requirements outlined in Items 2, 3, 6, 7, 8, 9, 10, 11, 13, 14, 15, and 16 of part one of Article 20, and parts four and five of this Article, as well as, for violations in the sale of alcoholic beverages and violations of the order in sales and in the public catering establishments, are imposed by the police. Chiefs of police commissariats shall have the right to impose fines on behalf of the police. In other instances of violations of this Law and also in cases of fines incurred for the manufacture, import, export and trade in alcohol products, as well as the required permits for such activity, or sponsorship of sales of alcoholic beverages and (or) advertising of such, they are imposed by STACA (for advertisement in the press, radio and television the fine is imposed by the Mass Media Board at the Ministry of Justice). The fines prescribed by this article shall be collected, in the order established by law, no later than within one month's time from the day the violation was committed. (Amended 3 July 1995, 21 December 1995) Article
  54. Collection of Fines The resolution passed by the institutions specified in part 1 of Article 44 of this Law, concerning the imposition of a fine for the violation of this Law, and stating the amount of the fine, shall be delivered to the violator of legal acts. The fine must be paid into bank accounts of the institutions specified in part 1 of Article 44 of this Law no later than within one month from the date the resolution to impose a fine upon violators has been delivered to them. Article
  55. Collection of Fines not Paid when Due and Calculation of Interest Thereon Fines not paid when due and interest thereon in the amount of 0.2 percent of the fine for each overdue day until the fine is paid, shall be collected without suit by the institutions specified in part 1 of Article 44 of this Law. Article
  56. Postponement of the Execution of the Resolution to Apply an Economic Sanction If there exist circumstances by reason of which it is impossible to immediately execute the resolution to apply an economic sanction, the officer of the institution specified in part 1 of Article 44, who has adopted such resolution may, at the request of the economic entities in regard to which the resolution has been passed, postpone the execution of the resolution up to one month. The basis for the postponement of the resolutions to apply economic sanctions shall be established by the Government of the Republic of Lithuania. Article
  57. Appeal against Resolutions to Apply Economic Sanctions Economic entities which do not agree with the resolution concerning the application of economic sanctions, passed by the institutions specified in part 1 of Article 44 of this Law, may, within one month from the date of the announcement of the resolution, appeal to court to repeal or change it and to get compensation for losses. The appeal to court shall not suspend the execution of the resolutions passed by the institutions specified in part 1 of Article 44 of this Law, concerning the application of economic sanctions, unless the court provides otherwise. The resolution, passed by the institutions specified in part 1 of Article 44 of this Law, to apply economic sanctions for the violation of legal acts, and its justification must be made available to the public. Article
  58. Procedure for the Compensation for Losses Losses incurred by economic entities by reason of the resolutions passed by the institutions specified in part 1 of Article 44 of this Law, shall be compensated for out of the means of the institutions that passed such resolutions, which later on shall be recovered from the persons guilty of the violations. Article
  59. Allocation of the Collected Sums of Economic Sanctions The funds that are collected and transferred to the bank account of the institution specified in part 1 of Article 44 of this Law following the resolution to apply economic sanctions passed by the officers of this institution, shall be applied in the following order: 1) 50 percent shall be transferred by payment order to a special account of the State Health Care Fund established by the Ministry of Health Care under the Law on Health System; 2) 25 percent shall be transferred by payment order to the health funds of the municipalities in the territory of which the economic entities in regard to which economic sanctions are applied, are located, and 5 percent of which shall be allocated to education funds of municipalities for the purpose of health promotion at schools; 3) the fractions set by the Government of the Republic of Lithuania shall be allocated for the purpose of giving incentives to the officers of the institution referred to in part 1 of Article 44 of this Law and persons who helped to disclose the violations of the Law on Alcohol Control, for which a fine was imposed ( up to 5 percent but not in excess of 10 000 litas for each disclosed violation). The anonymity of the person who helped to disclose violations of the Law on Alcohol Control shall be guaranteed by this Law. The sums of economic sanctions, which are collected by the institutions referred to in part 1 of Article 44 of this Law without suit, must be transferred to Health Funds established by the Law on Health System no later than within 10 days after said sums are received in the bank account of the institution referred to in part 1 of Article 44 of this Law. Article
  60. Disputes concerning Violations of the Law on Alcohol Control Disputes between legal and natural persons, concerning the violations of this Law and the liability for them shall be settled in court. Disputes between the Republic of Lithuania and foreign legal and natural persons, concerning the violations of this Law shall be settled in accordance with the procedure established by the laws of the Republic of Lithuania, unless international agreements of the Republic of Lithuania do not provide otherwise. Chapter VII FINAL PROVISIONS Article
  61. Coming into Effect of the Law on Alcohol Control Parts 2 and 3 of Article 4, part 2 of Article 5, parts 2 through 4 of Article 6, Articles 7, 8, part 1 of Article 9, Article 10, part 1 of Article 11, Article 12, parts 1 and 4 of Article 13, Article 14, parts 2 through 5 of Article 16, parts 2, 3 and 7 of Article 17, Article 18, part 8 of Article 19, part 2 of Article 20, part 6 of article 21, Article 24, part 3 of Article 30, part 2 of Article 32, Article 33, part 3 of Article 35, parts 2 and 4 of Article 36, part 4 of Article 43, part 2 of Article 47, and item 3 of part 1 of Article 50 shall come into effect in accordance with the procedure established by the Seimas Resolution "Concerning the Enforcement of Articles Referred to in Article 52 of the Law on Alcohol Control of the Republic of Lithuania". (Amended 3 July 1995) I promulgate this Law passed by the Seimas of the Republic of Lithuania. Algirdas Brazauskas President of the Republic Vilnius 18 April 1995 No. I-857

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