DĖL LIETUVOS RESPUBLIKOS VYRIAUSYBĖS 2000 M

DĖL LIETUVOS RESPUBLIKOS VYRIAUSYBĖS 2000 M Official translation GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION No 287 AMENDING RESOLUTION No 509 OF THE GOVERNMENTOF THE REPUBLIC OF LITHUANIA OF 8 MAY 2000 “ON THE IMPLEMENTATION OF THE LAW OF THE REPUBLIC OF LITHUANIA ON THE CONTROL OF PRECURSORS OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES” 5 March 2003 Vilnius With a view to implementing measures for the control of precursors of narcotic drugs and psychotropic substances in conformity with the requirements of the European Union legislation, the Government of the Republic of Lithuania has r e s o l v e d as follows:

1. To amend Resolution No. 509 of the Government of the Republic of Lithuania of 8 May, 2000 “On the Implementation of the Law of the Republic of Lithuania on the Control of Precursors of Narcotic Drugs and Psychotropic Substances” (Official Gazette), 2000, No. 38-1068): 1.
2. in the Procedure for Licensing, Registration and Authorisation of the Activities Relating to the Precursors of Narcotic Drugs and Psychotropic Substances approved by said Resolution: 1.1.
3. paragraph
4. shall be set forth to read as follows: “1.
5. granting of licences, refusal to grant licences, suspension of licences, lifting of suspension of licences, revocation and registration of licences to engage in the activities relating to precursors of narcotic and psychotropic substances listed in category I “; 1.1.
6. 1.2 shall be set forth to read as follows: “1.
7. registration of the activities relating to exportation of the precursors of narcotic and psychotropic substances listed in category II and the precursors of narcotic and psychotropic substances listed in category III, where the weight of the exported precursor listed in category III (pure or in mixtures) during the preceding calendar year exceeded the weight determined by the Ministry of Health or where the precursor listed in category III are exported to the countries the list of which is approved by the Government of the Republic of Lithuania, refusal to register the activities, suspension of registration, lifting of the suspension of registration, revocation of registration and issue of registration certificates“; 1.1.
8. paragraph 1.3 shall be set forth to read as follows: “1.
9. issue of authorisations, including open authorisations for the import, export and transit of precursors of narcotic and psychotropic substances listed in category I, export of precursors of narcotic and psychotropic substances in categories II and III to the countries the list of which is approved by the Government of the Republic of Lithuania”; 1.1.
10. paragraph 6 shall be set forth to read as follows: “
11. Licences to engage in the activities involving precursors listed in category I shall be issued, suspended, the suspension shall be lifted and the licences shall be registered by the State Medicines Control Agency under the Ministry of Health, (hereinafter “the State Medicines Control Agency”). Licences shall be signed by the Head of the State Medicines Control Agency and endorsed by the official seal.”; 1.1.
12. the following words shall be deleted in the titles of subchapters of Chapter II “Documents Required for Obtaining a Licence or Its Extension”, “Examination of Documents Required for Obtaining a Licence or Its Extension, Issue of a Licence or Its Extension, Refusal to Issue a Licence or to Register It”: “or extend it”, ”or its Extension”, and in the title of a subchapter of Chapter III “Registration or Extension of the Activities and Issue of Registration Certificates“ – “or Extension”; 1.1.
13. paragraph 7.1 shall be set forth to read as follows: “7.
14. the operator’s name, address of the registered office, code, telephone and fax numbers (for legal persons) or the name and surname, address, personal number, telephone and fax numbers (for natural persons)“; 1.1.
15. paragraph 8.1 shall be set forth to read as follows: “8.
16. copies of the registration certificate and regulations of a legal person or a copy of the passport or the identification card of a natural person;“ 1.1.
17. paragraph 8.6 shall be set forth to read as follows: “8.
18. the payment order bearing the bank stamp or a receipt confirming that the prescribed amount of a state charge has been paid“; 1.1.
19. paragraph 9 shall be repealed; 1.1.
20. paragraphs 12.3 and 12.4 shall be repealed; 1.1.11.paragraph 13 shall be set forth to read as follows: “
21. Open licences shall be issued“; 1.1.
22. paragraph 14 shall be set forth as follows: “
23. A state charge shall be paid for the issue of a licence following the procedure established by the Law of the Republic of Lithuania on State Fees and Charges (“Official Gazette”, 2000, No 52-1484) and by the Government of the Republic of Lithuania.“; 1.1.
24. subparagraph 1 of paragraph 16 shall be set forth to read as follows: “
25. A licence shall not be issued where:“; 1.1.
26. paragraph 17 shall be set forth to read as follows: “
27. The State Medicines Control Agency must issue the licence or submit a reasoned refusal to issue a licence in writing to the applicant within 30 days of the receipt of the documents necessary for the issue of a licence.“; 1.1.
28. paragraph 20.3 shall be set forth to read as follows: “20.
29. the licence holder’s name, address of the registered office and the code (for legal persons) or the name, surname, address and personal number (for natural persons);”; 1.1.
30. paragraph 20.6 shall be set forth to read as follows: “20.
31. the date of the issue of the licence;“; 1.1.
32. paragraph 21.2 shall be set forth to read as follows: “21.
33. to request from the State Medicines Control Agency explanation about the suspension or revocation of licences or refusal to issue them“; 1.1.18.paragraph 21.3 shall be set forth to read as follows: “21.
34. To appeal against the decisions of the State Medicines Control Agency on the suspension, revocation of licences or refusal to issue licences following the procedure prescribed by law;“; 1.1.
35. to repeal paragraph 26.7; 1.1.
36. paragraph 30.2 shall be set forth to read as follows: “30.
37. the data of issue of the licence;“; 1.1.
38. paragraph 30.4 shall be set forth to read as follows: “30.
39. the licence holder’s name, registered office and code (for legal persons) or the name, surname, address and the personal number (for natural persons);“; 1.1.
40. paragraph 31 shall be set forth to read as follows: “
41. The State Medicines Control Agency, upon issuing, suspension of a licence, lifting of the suspension or revocation of a licence shall provide the information about it as well as about the invalidity of the lost licences to: 31.
42. “the supplement Informaciniai pranešimai (Information Notices) of “Valstybės žinios“ (Official Gazette), indicating the licence holder’s name, registered office and code (for legal persons) or the name, surname, address and the personal number (for natural persons), the number of the licence, its category and the date of its issue, suspension of the licence, lifting of the suspension of the licence or revocation of the licence; 31.
43. the Administrator of the Register of Enterprises, within 5 working days, by indicating the name of the enterprise, its code and registered office/address, the category of the licence, its number, the date of its issue, suspension of the licence, lifting of the suspension and revocation of the licence; after the Register of Legal Persons becomes operational – to the Register, following the procedure set out in its regulations“; 1.1.
44. paragraph 36 shall be set forth to read as follows: “
45. The right to engage in the activities related to the export of precursors listed in category II and category III if the weight of the exported precursor listed in category III (pure or its mixture) during the preceding calendar year exceeded the weight. prescribed by the Ministry of Health or if precursors listed in category III are exported to the countries the list of which is to be approved by the Government of the Republic of Lithuania by operators shall be subject to the registration requirement. This requirement shall not apply to customs agents, warehouse depositors and transporters when acting solely in that capacity.“; 1.1.
46. paragraph 37 shall be set forth to read as follows:
47. The activities referred to in paragraph 36 shall be registered, registration certificates shall be issued and revoked by the State Medicines Control Agency. Registration certificates shall be signed by the head of the State Medicines Control Agency and endorsed by an official seal.“; 1.1.
48. paragraph 38.1 shall be set forth to read as follows: “38.
49. the licence holder’s name, registered office and code (for legal persons) or the name, surname, address and personal number (for natural persons);“; 1.1.
50. paragraph 39 shall be set forth to read as follows: “
51. The application shall be accompanied by copies of the registration certificate of the legal person and the regulations, or a copy of the passport or the identification card of a natural person.“; 1.1.
52. paragraph 41 shall be set forth to read as follows: “
53. Having received and examined an application and the supporting documents, the State Medicines Control Agency shall register the activities within 30 days from the date of the receipt of the necessary documents. Where, pursuant to paragraph 40 of this Procedure, any additional documents were furnished at the request of the State Medicines Control Agency, a decision shall be taken within 10 calendar days from the receipt of the updated documents.“; 1.1.
54. paragraph 43.2 shall be set forth to read as follows: “43.
55. the name, registered office and code (for legal persons) or the name, surname, address and personal number (for natural persons);“; 1.1.
56. paragraph 43.3 shall be set forth to read as follows: “43.
57. the date of issue of the registration certificate;“; 1.1.
58. paragraph 44 shall be set forth to read as follows: “
59. Registration of activities shall be open-ended.“; 1.1.
60. paragraphs 45 and 46 shall be repealed; 1.1.
61. subparagraph 1 of paragraph 47 shall be set forth to read as follows: “
62. The operator’s activities shall be exempt from the registration requirement if:“; 1.1.
63. paragraph 48 shall be set forth to read as follows: “
64. A reasoned refusal in writing to register the activities must be communicated to the applicant by the State Medicines Control Agency within 30 days from the receipt of the documents necessary for registration of the activities.“; 1.1.
65. paragraph 52.4 shall be repealed; 1.1.
66. paragraph 57.1 shall be set forth to read as follows: “57.
67. the name, registered office, code (for legal persons) or the name, address and personal number (for natural persons);“; 1.1.
68. paragraph 57.3 shall be set forth to read as follows: “57.
69. the date of issue of the registration certificate;“; 1.1.
70. paragraph 58.1 shall be set forth to read as follows: “58.
71. the name, registered office, code (for legal persons) or the name, surname, address and personal number (for natural persons);“; 1.1.
72. paragraph 58.3 shall be repealed; 1.1.
73. paragraph 61 shall be set forth to read as follows: “
74. During the exportation of precursors in categories II and III from the Republic of Lithuania, the export authorisation shall be required only if the precursors are exported to the countries the list of which has been approved by the Government of the Republic of Lithuania. Export of precursors listed in category II to other countries shall be subject to an open export authorisation.“; 1.1.
75. paragraph 64.1 shall be set forth to read as follows: “64.
76. the name, registered office, code, telephone and fax numbers (for legal persons) or the name, surname, address, personal number, telephone and fax numbers (for natural persons);“; 1.1.
77. paragraph 70 shall be set forth to read as follows: “
78. Before issuing an export authorisation the State Medicines Control Agency must send a pre-export notification about export of precursors to the authorised institution of the country of destination. The export authorisation shall be established in 4 copies: No 1 shall be kept by the State Medicines Control Agency, No 2 shall be sent to the competent authority of the country of destination and the remaining two copies shall be issued to the exporter who shall present them to the customs office where the customs export declaration is lodged. The authorisations shall be marked at the customs office: one marked copy shall be attached to the customs export declaration (a copy shall be kept by the operator), and the other marked copy (the customs copy) shall be forwarded to the territorial customs office.“; 1.1.
79. to supplement the said procedure with paragraph 74.4 as follows : “74.
80. the import authorisation issued by the competent authority of the country of destination is not in conformity with the prescribed requirements.“; 1.1.
81. to repeal paragraph 77.3; 1.1.
82. to supplement the said Procedure with subparagraphs 81–95 as follows: “Issue of Open Authorisations for the Export of Precursors Listed in Category II
83. An open authorisation shall be issued for the export of precursors listed in category II to the countries which are not included in the list of countries approved by the Government of the Republic of Lithuania.
84. Open authorisations shall be issued, cancelled or revoked by the State Medicines Control Agency. The authorisations shall be signed by the Head of the State medicines Control Agency and endorsed by the official seal.
85. To obtain an open authorisation an application of the standard form established by the State Medicines Control Agency shall be filed specifying the following particulars: 83.
86. the name of the legal person, the address of the registered office, the code, telephone and fax numbers, or the name and surname of a natural person, the address, the personal number, and the telephone and fax numbers; 83.
87. the number and data of the registration certificate; 83.
88. information about the qualifications or professional experience in this field of the head or a responsible person of the legal entity or of the natural person who is responsible for the export of precursors; 83.
89. information in summary form about transactions involving precursors carried out during the 12 months preceding the filing of the application (indicating the countries to which precursors were exported, the precursors exported and their amounts as well as the overall number of the transactions); 83.
90. information about the measures of precaution taken by the applicant in order to prevent diversion of the precursors for illicit trafficking.
91. The form of an open export authorisation shall be approved by the State Medicines Control Agency, specifying the particulars referred to in paragraphs 67.1–67.
93. The holder of the open export authorisation shall be responsible for: 85.
94. indicating the number of the authorisation in every customs export declaration prior to the day of departure of the export consignment from the premises of the supplier; 85.
95. in each case where an import authorisation is necessary from the country of destination, for indicating the number of the import authorisation, the place and date of its issue in the documents of the applicant, for keeping a copy of the authorisation for a prescribed time; 85.
96. ensuring that a copy of the open export authorisation accompanies the consignment during the whole period of transportation and is produced at the exit point from the Republic of Lithuania to a customs office where it shall be kept for at least three years, the calendar year when the transaction is being carried out excluded; 85.
97. furnishing at the close of each quarter a summary report of the export operations carried out pursuant to this authorisation (specifying the number of operations, the data about the precursors, their amount and the countries of destination); 85.
98. notifying the State Medicines Control Agency about any changes in the particulars specified in paragraphs 83.1–83.
99. or for furnishing any other information in which the authorising institution may be interested.
100. An open export authorisation shall not be issued where: 86.
101. a precursor is being exported to the countries which are on the list approved by the Government of the Republic of Lithuania; 86.
102. the furnished particulars specified in paragraphs 83.1–83.5 are false; 86.
103. there are reasons to suspect that the measures specified in paragraph 83.5 are insufficient; 86.
104. there is information in writing furnished by the state control institutions about the violations of the activities involving precursors by the applicant.
105. An open export authorisation may be temporarily suspended or revoked if: 87.
106. the particulars specified in paragraph 85.4 have not been furnished; 87.
107. it transpires that the particulars specified in paragraphs 83.1–83.5 are false; 87.
108. the controlling state institutions furnish information in writing about the violations of the activities involving precursors by the holder of the authorisation.
109. Despite the fact that an open export authorisation has been issued, the State Medicines Control Agency, upon receiving information about suspected operations also if there are reasons to suspect an illicit use of precursors, may prohibit individual export transactions which are permitted under the authorisation that has been issued. Customer Declarations
110. Any supplier of precursors in categotry I and category II shall be obliged to document any individual transaction, obtain from the customer a declaration showing the specific use of the substance with which he has been supplied.
111. The form of the declaration shall be approved by the State Medicines Control Agency. The declaration shall contain the following information: 90.
112. the customer’s name, registered office and code (for legal persons) or the name, surname, address and personal number for natural persons); 90.
113. the number of the licence or the registration certificate, its date of issue and expiry, and the name of the issuing institution; 90.
114. the distributor’s/supplier’s name, registered office and code (for legal persons) or the name, surname, address and personal number (for natural persons); 90.
115. the name of the precursor to be bought, its amount and CN code; 90.
116. the purpose for which the precursor is bought (its intended use); 90.
117. certification of the customer that he is going to resell the precursor or deliver it in any other way only to the customer who completes a declaration of the same type. 90.
118. the position, name, surname, signature of the customer and the date of completion of the declaration.
119. The following declarations may be completed: 91.
120. individual – in respect of a single operation related to precursors in categories I and II; 91.
121. single – in respect of multiple operations involving precursors listed in category II carried out in the course of one year.
122. An individual declaration shall be completed in every case of an operation involving each precursor listed in category I or category II. In the case of legal persons, the declaration shall be made on headed paper.
123. A possibility of lodging a single declaration may be extended in certain cases having regard to regular operations between the same supplier and customer. A single declaration shall show all the transactions involving precursors listed in category II over a period of one year.
124. A supplier of precursors in category II may accept a single declaration covering all the transactions made over a period of one year provided that: 94.
125. the customer is a person to whom the supplier delivered precursors over the last 12 months at least three times ; 94.
126. the supplier has no reason to suppose that the precursor will be used for illicit purposes; 94.
127. the traditional amounts of precursors have been ordered to meet the needs of the customer.
128. A single declaration must specify all the information that is required. In the case of legal persons, the declaration shall be made on the headed notepaper”. 1.
129. To set forth a new version of the list of countries (attached), approved by said resolution, exportation to which of precursors in categories II and II of narcotic drugs and psychotropic substances is subject to an export authorisation.
130. To authorise the State Medicines Control Agency under the Ministry of Health to approve the forms of an open export authorisation, a customer declaration and a pre-export notification, and to carry out control of the activities relating to the above documents. Prime Minister Algirdas Brazauskas Acting Minister of Health Konstantinas Dobrovolskis APPROVED: by Resolution No. 509 of the Government of the Republic of Lithuania of 8 May 2000 (Version of Resolution No. 287 of the Government of the Republic of Lithuania of 5 March 2003) Countries to Which Export of Precursors of Narcotic Drugs and Psychotropic Substances Listed in Categories II and II is Subject to Authorisation) Lithuanian name of the precursor International (chemical) name of the precursor CN