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REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA Government Resolution No 745 of 28 June 2000 Vilnius CONCERNING THE APPROVAL OF THE REGULATIONS OF THE NON-FOOD PRODUCT INSPECTORATE UNDER THE MINISTRY OF ECONOMY Invoking Article 5 of the Law on Budgetary Institutions (Official Gazette No 104-2322, 1995), the Government of the Republic of Lithuania has resolved:

  1. To approve the Regulations of the Non-food product Inspectorate under the Ministry of Economy (appended thereto).
  2. To repeal: 2.1 RL Government Resolution No 390 of 26 May 1992 on the approval of the Regulations of the Lithuanian State Quality Inspectorate under the State Competition and Consumer Protection Office (Official Gazette No 20-607, 1992); 2.2 RL Government Resolution No 896 of 23 June 1995 on the Approval of the Regulations of the State Competition and Consumer Protection Office under the Government of the Republic of Lithuania (Official Gazette No 54-1344, 1995); 2.3 RL Government Resolution No 1017 of 21 July 1995, amending the RL Government Resolution No 390 of 26 May 1992 on the approval of the Regulations of the Lithuanian State Quality Inspectorate under the Lithuanian State Standardisation Board (Official Gazette No 62- 1555, 1995); 2.4 RL Government Resolution No 1198 of 11 October 1996, amending RL Government Resolution No 896 of 23 June 1995 on the Approval of the Regulations of the State Competition and Consumer Protection Office under the Government of the Republic of Lithuania (Official Gazette No 101-2311,1996); 2.5 RL Government Resolution No 1421 of 29 November 1996, amending RL Government Resolution No 1017 of 21 July 1995, amending the RL Government Resolution No 390 of 26 May 1992 on the approval of the Regulations of the Lithuanian State Quality Inspectorate under the Lithuanian State Standardisation Board (Official Gazette No 118-2745); 2.6 RL Government Resolution No 713 of 15 June 1998, amending RL Government Resolution No 1198 of 11 October 1996, amending RL Government Resolution No 896 of 23 June 1995 on the Approval of the Regulations of the State Competition and Consumer Protection Office under the Government of the Republic of Lithuania (Official Gazette No 56-1563). Prime Minister Andrius Kubilius Minister of Economy Valentinas Milaknis Approved by RL Government Resolution No 745 of 28 June 2000 REGULATIONS OF THE NON-FOOD PRODUCT INSPECTORATE UNDER THE MINISTRY OF ECONOMY I. GENERAL PROVISIONS
  3. The Non-food Product Inspectorate under the Ministry of Economy (hereinafter referred to as Inspectorate) is a state government institution, operating under the Republic of Lithuania Law on Budgetary Institutions.
  4. In its activities the Inspectorate is guided by the Constitution of the Republic of Lithuania, the laws, other legal acts adopted by the Seimas of the Republic of Lithuania , international treaties of the Republic of Lithuania, decrees of the President of the Republic, Government Resolutions, Ordinances of the prime Minister, other legal acts, including these Regulations.
  5. The Inspectorate is a legal person having bank accounts as well as a seal with the state emblem of the Republic of Lithuania and its name. II. MAIN RESPONSIBILITIES AND FUNCTIONS OF THE INSPECTORATE
  6. The main responsibilities of the Inspectorate are as follows: 4.
  7. to carry out market surveillance, so that all economic entities (legal and natural persons, undertakings without the rights of a legal person) meet the requirements for product safety and labelling, regulated by the laws of the Republic of Lithuania, Government Resolutions and other legal acts, and that only safe products (goods and services) be placed on the market.; 4.
  8. to protect, within the limits of their competence, the rights of the consumers and to ensure their access to information on product safety;
  9. In implementing its responsibilities, the Inspectorate carries out the following functions: 5.
  10. controls whether the non-food products (including chemical substances and preparations) placed on the Lithuanian market for consumers, meet obligatory requirements for product safety and marking, provided for in legal acts; 5.
  11. controls whether the services (excluding those the control of which is assigned under the laws and other legal acts of the Republic of Lithuania to other institutions) rendered to consumers meet the obligatory safety requirements; 5.
  12. in the established manner, suspend the placement on the market of unsafe, hazardous to consumers non-food products, carry out the control of their removal from the market and destruction; 5.
  13. carry out, within their competence, the management of chemical substances and preparations; 5.
  14. provide conclusions on the impact of new chemical substances on the environment and human health; 5.
  15. fulfil the PIC (Prior Informed Consent) procedure concerning chemical substances and preparations ; 5.
  16. keep the register of dangerous chemical substances and preparations; 5.
  17. on the basis of the results of direct and indirect analysis of product control and on the information obtained from other countries, prepare assessment of risk factors and within the limits of its competence, implement their prevention measures; 5.
  18. control how the requirements set for tobacco import and for sale of tobacco products are observed; 5.
  19. provide information to interested government, international institutions and those of other countries ; 5.
  20. provide consultations to producers, providers of services, importers and sellers on safety of non-food products and services; 5.
  21. investigate the complaints of consumers with regard to non-food products and services which do not meet obligatory and declared requirements; 5.
  22. inform the consumers about the unsafe products which are or may get into the market; 5.
  23. help the consumers to submit safety conformity assessment documents to law enforcement institutions so that they could defend their violated rights; 5.
  24. submit, in the established manner, proposals to the government of the Republic of Lithuania with regard to the adopted legal acts, regulating the safety of non- food products and services; 5.
  25. disseminate information about the activities of the Inspectorate, its objectives and targets; 5.
  26. implement other functions assigned to it by the laws of the Republic of Lithuania and government resolutions. III. Rights and Duties of the Inspectorate Officers
  27. The officers of the Inspectorate have the authorisations and the right: 6.1 upon producing the written assignment of the chief of the Inspectorate or his deputy or an office certificate, to enter freely into (if this is necessary for the checking of product safety ) all economic entities in the territory of the Republic of Lithuania, which supply products to the market, and in the cases the performance of their duties is hampered– to enlist the help of the police; 6.2 if there is a well-grounded suspicion that non - food product safety requirements are not observed, to obtain free of charge the technical documentation used by the inspected enterprise (natural persons), get familiarised with applied standards and other normative documents, obtain information and copies of documents, necessary for the investigation of the fact of the violation of the legal acts regulating safety of products, as well as make use of audio and video equipment, if this is necessary for the performance of the assigned functions; 6.3 in the established manner, to obtain from the producers, importers, sellers and providers of services samples of products, necessary for checking their safety and harmlessness to consumers health; 6.4 while checking the indicators of product safety and harmlessness to consumers’ health, to invite the specialists from other institutions and independent experts; 6.5 to suspend, during expert examination of safety, placement of products on the market and (or) to prohibit the realisation of product consignment, distribution of these products or rendering of services, their advertising or display at exhibitions; 6.
  28. to propose to relevant institutions to cancel permissions and licences issued to economic entities to engage in business activities due to which the unsafe products supplied to the market caused damage to consumers’ health or threatened their lives; 6.7 to propose, in the established manner, to certification institutions to cancel certificates if it has been established that certified products do not meet the requirements; 6.8 to demand that managers of producers importers, sellers and providers of services or persons authorised by them would appear and give oral or written explanations; 6.9 in cases provided by laws to apply to violators administrative penalties as well as to impose other sanctions to enterprises, institutions and organisations.
  29. The officers of the Inspectorate also have other rights and duties provided by legal acts.
  30. The officers of the Inspectorate while implementing the tasks assigned to them must: 8.1 to refer to the law enforcement institutions the material concerning the violation of the legal acts regulating product safety, if such products could have caused or have caused damage to health or it caused death/s; 8.2 to ensure the confidentiality of the obtained information, which is a commercial secret.
  31. Disputed arising between the Inspectorate and legal or natural persons, enterprises without the rights of legal persons shall be settled in the manner established by laws. IV. Work Organisation
  32. The Inspectorate is headed by the chief, which shall be appointed to and dismissed from office by the minister of economy in the manner established by the Law on Public Service (Official Gazette No 66-2130, 1999). The Chief of the Inspectorate has deputies whom, as carrier civil servants, he appoints to and dismisses from office on the basis of competition in the established manner.
  33. The Inspectorate, while carrying out its responsibilities and functions, shall cooperate and exchange information with other government institutions, related to the placement of products on the market, assessment of conformity with obligatory and declared requirements, as well as with individuals and public organisations.
  34. Chief of the Inspectorate shall: 12.1 approve the regulations of structural subdivisions, job descriptions of its deputies, heads of subdivisions, and of civil servants employed at the inspectorate; 12.2 set the functions of his deputies, heads of structural divisions, provide job descriptions and rights; 12.3 within his remit, issue orders and legal acts approved by orders, give instructions and control their implementation; 12.4 approve the structure of the Inspetorate, list of positions without exceeding the set annual wages fund; 12.5 admit to the service on the basis of competition and dismiss from it heads of structural subdivisions and other civil servants, take care of their qualifications, working conditions; 12.6 represent the Inspectorate at institutions and organisations of the Republic of Lithuania; 12.7 investigate complaints concerning the illegal actions of the Inspectorate, may change or repeal the decisions of the officers of the Inspectorate if they are in conflict with the laws and other legal acts; 12.8 is responsible for the economic and financial activities of the Inspectorate; 12.
  35. carry out other functions assigned to him under the laws and the government resolutions of the Republic of Lithuania;
  36. In the absence of the Chief , his duties shall be temporarily performed by the deputy appointed by him. V. SOURCES OF FUNDS AND THE PROCEDURE FOR THEIR USE
  37. The Inspectorate shall be financed from the state budget of the Republic of Lithuania. Budgetary funds shall be used for the maintenance of the Inspectorate and financing of activities provided in the estimates.
  38. The Inspectorate may also have extra-budgetary (special) funds in accordance with the procedure provided by laws. VI. CONTROL OF FINANCIAL ACTIVITIES
  39. The Inspectorate shall organise book keeping and accounting in the manner prescribed by laws. VII. FINAL PROVISIONS
  40. The Inspectorate shall be reorganised and liquidated according to the procedure applied to budgetary institutions.

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