Translation from Lithuanian

Translation from Lithuanian Translation from Lithuanian Government of the Republic of Lithuania Resolution No. 653 On the General Order of the Administration of Tariff Quotas for Importation and Exportation of Goods Vilnius, 8 May 1995 In order to safeguard the proper implementation of the Free Trade Agreement between the Republic of Lithuania and the European Economic Community, the European Atomic Energy Community and the European Coal and Steel Community and with due consideration to the provisions of Article 12 of the Law of the Republic of Lithuania on State Regulation of Economic Relations in Agriculture (News, 1995, No. 1-5) regarding the regulation of importation of agricultural goods, foodstuffs and their raw materials by means of quotas the Government of the Republic of Lithuania resolves the following:

1. To apply in the Republic of Lithuania the General Order of the Administration of Tariff Quotas for Importation and Exportation of Goods.
2. To establish the following: 2.
3. The terms used in this resolution shall be interpreted as follows: 2.1.
4. Tariff quota for importation - the quantity of goods permitted to be imported into the Customs territory of the Republic of Lithuania within the established period of time applying a reduced or zero Customs tariff; 2.1.
5. Tariff quota for exportation - the quantity of goods of the Republic of Lithuania permitted to be exported from the customs territory of the Republic of Lithuania within the established period of time applying a reduced or zero Customs tariff; 2.
6. The General Order of the Administration of Tariff Quotas for Importation and Exportation of Goods shall be applied: 2.2.
7. to tariff quotas for importation of agricultural products and foodstuffs, having certificates of origin of the European Community member states, imported into the Republic of Lithuania for home use and established in the Free Trade Agreement between the Republic of Lithuania and the European Economic Community, the European Atomic Energy Community and the European Coal and Steel Community; 2.2.
8. to tariff quotas established and applied under decisions of the Government of the Republic of Lithuania regulating the importation of agricultural products, foodstuffs and other goods; 2.2.
9. to tariff quotas which shall be applied in the future in accordance with other agreements between the Republic of Lithuania and other states on free trade in agricultural products, foodstuffs, textiles and textile products and other goods; 2.
10. The general tariff quotas for importation and exportation of main agricultural products and foodstuffs shall be approved by the Government of the Republic of Lithuania upon submission thereof by the Ministry of Agriculture, following coordination with the Ministry of the Economy; 2.
11. The amount of tariff quotas for importation and exportation of goods and the terms of application thereof shall be established in the international agreements of the Republic of Lithuania or by respective decisions of the Government of the Republic of Lithuania; 2.
12. Tariff quotas for importation and exportation shall be issued to economic entities: 2.5.
13. by way of tender, organized: 2.5.1.
14. for the main agricultural products and food stuffs by the Ministry of Agriculture; 2.5.1.
15. for other goods, the quotas of which are approved by the Government of the Republic of Lithuania by a respective Ministry of other state body under whose regulation such goods are placed by the Government of the Republic of Lithuania; 2.5.
16. for textiles and textile goods exported to member states of the European Union in accordance with the Free Trade Agreement between the Republic of Lithuania and the European Economic Community, the European Atomic Energy Community, and the European Coal and Steel Community by the Ministry of Industry and Trade in the order established by this Ministry; 2.5.
17. for other goods as well as textiles and textile products exported to countries other than member states of the European Union by a respective Ministry or other state body within whose area of regulation such goods are placed by the Government of the Republic of Lithuania in the order established by such body; 2.
18. Tariff quotas for importation and exportation of goods shall be issued to economic entities for a period not exceeding one year. 2.
19. The issuing ministry or other state body shall give to the economic entity (in each case of importation or exportation of goods according to the quota issued) a certificate of a single quota in the form prescribed following coordination with the Customs Department under the Ministry of Finance. The certificate shall be submitted by the economic entity to the Customs office, which carries out the formalities in connection with customs procedure of the importation of goods for home use or of the outright exportation. 2.
20. Tariff quotas for importation and exportation of goods issued to economic entities before this resolution comes into effect shall be valid for a period of time established in such quotas. 2.
21. Unused tariff quotas for importation or exportation of goods shall be returned within five working days starting from the termination date thereof to the issuing Ministry or other state body together with a written explanation of the causes of failure to use such quota. 2.
22. Economic entities which received tariff quotas for importation and exportation of goods shall have no right to transfer such quotas to other economic entities. 2.
23. The General Order of the Administration of Tariff Quotas for Importation and Exportation of Goods shall also apply to non-tariff quotas established under decisions of the Government of the Republic of Lithuania for goods the importation or exportation of which to or from the Republic of Lithuania is regulated by permits issued by the Government of the Republic of Lithuania, authorized ministry or other state body.
24. To instruct economic entities having such tariff quotas for importation and exportation of goods to inform the issuing ministry or other state body about the termination of importation or exportation procedure carried out in accordance with the application of the received quotas within ten days starting from the date of the termination thereof.
25. To instruct: 4.
26. The tariff quota issuing ministries and other state bodies to compare quarterly and prior to the twenty fifth day of the first month of the following quarter their data concerning the use of quotas with the data of the Customs Department under the Ministry of Finance, to prepare reviews of such information and to submit them to the Government of the Republic of Lithuania and the Ministry of the Economy; 4.
27. The Ministry of Industry and Trade to issue in the form as prescribed by the European Economic Communities licences to economic entities for exportation of textiles and textile goods (classified in Section XI of the Combined nomenclature of EEC) to member states of the European Union; 4.
28. The Statistics Department under the Government of the Republic of Lithuania to provide the European Union with statistics on the export and import of textiles and textile goods in the manner established together with the European Union.
29. To adopt Regulation on Tender for Allocation Tariff Quotas for Importation and Exportation of Goods in the Republic of Lithuania (attached hereto).
30. To declare invalid: 6.
31. March 25, 1992, Government of the Republic of Lithuania Resolution No. 187 "On establishing and licensing the export (quotas) of goods to member states of the European Economic Community" News, 1992, No. 16-439); 6.
32. June 5, 1992, Government of the Republic of Lithuania Resolution No. 429 "On regulations for the issuance of quotas by tender for the export of goods of the Republic of Lithuania to member states of the European Economic Community" (News, 1992, No. 23-684); 6.
33. December 20, 1993, Government of the Republic of Lithuania Resolution No 958 "On partial amendment of the Government of the Republic of Lithuania Resolution No. 187 of March 25, 1992, and Resolution No. 429 of June 5, 1992" (News, 1993, No. 72-1356).
34. This resolution shall come into effect as of June 1,
35. Prime Minister Adolfas Ðleþevièius Minister of the Economy Aleksandras Vasiliauskas APPROVED by Resolution No. 653 of 8 May 1995 of Government of the Republic of Lithuania Regulation on Tender for the Allocation of Tariff Quotas for Importation and Exportation of Goods in the Republic of Lithuania General provisions
36. This regulation shall regulate the carrying out of tenders for the allocation of tariff quotas for importation and exportation goods established by international agreements of the Republic of Lithuania or under decisions of the Government of the Republic of Lithuania (hereunder, tenders). Organization of tenders
37. Tenders shall be organized by ministries or other state bodies (hereunder, ministries) upon the presentation of which the Government of the Republic of Lithuania establishes respective tariff quotas for the importation and exportation of goods or which take part in drafting respective international agreements of the Republic of Lithuania. The organizing ministries may request the assistance from other state bodies and organizations.
38. Upon a respective order issued by the minister, the organizing ministry shall set up a committee for organizing tender for tariff quotas for importation and exportation of goods (hereunder, committee). Such committee may include representatives of other ministries concerned.
39. The committee shall establish the main terms and criteria for the allocation of tariff quotas for the importation and exportation of goods which shall be used for the evaluation of proposals submitted by the tender participants.
40. The invitation for tender shall be announced in a daily of the Republic of Lithuania with nation-wide circulation. The announcement shall include information on the deadline for submitting tender applications, the site and the main requirements (description of goods, amount of quotas, minimal quantity of importation or exportation of goods, economic, technical and other requirements for tender participants). The terms of such tender shall be announced in the "State News".
41. All economic entities registered in the Republic of Lithuania irrespective of their type and form of ownership shall have the right to participate in the tender.
42. An economic entity shall submit, within the established period of time, to the organizing body its application which shall include information on the following: 7.
43. name of the economic entity, its address, registration number and date; 7.
44. data on requested tariff quota for importation and exportation: 7.2.
45. desired amount of quota and goods the quota is requested for; 7.2.
46. proposed period of time for using the quota; 7.2.
47. explanation of how the applicant intends to fulfill the terms and requirements of quota use established by the organizing body.
48. Application for tender shall be affirmed by the signature and seal of the head of the economic entity and shall be submitted in a sealed envelope.
49. The organizing body shall register all applications in a special register.
50. Envelopes with applications shall be opened at a site and time specified in the invitation for tender. Respective minutes shall be taken down.
51. Envelopes received after the application deadline shall be returned to sender unopened. Establishing Tender Results
52. Applications for tender shall be evaluated by the committee exclusively under the criteria established in the invitation for tender. Evaluation procedure shall be confidential.
53. Entities which have proposed the best terms for using the quotas shall be the winners and the quotas shall be allocated to them.
54. The tender results shall be registered in the protocol signed by the head (deputy head) of the committee and its secretary. Applicants for tender shall be informed of the results in written form within three working days starting from the date thereof. The protocol of such tender shall be made available to representatives of the press and other mass media.
55. The evaluation of tender applications and the decision regarding the economic entities receiving tariff quotas for importation and exportation of goods shall take no longer than two weeks starting from the date of application deadline established in the invitation for tender.
56. Applicants for tender may appeal against the decision in the order stipulated by law within a week starting from the date of announcement of the tender results. Terms of the Organization of an Additional Tender
57. The organizing ministry of the original tender may announce an additional tender if: 17.
58. this is done in response to complaints lodged by the applicants for tender appealing against the tender results in the order stipulated by law, or if the tender results have been annulled due to other reasons; 17.
59. all quotas due to be issued according to the tender results constitute the amount less than total established for the given period of time by international agreements of the Republic of Lithuania or by decisions of the Government of the Republic of Lithuania. In such cases the terms for quota issuance may be changed (simplified); 17.
60. economic entities which received quotas according to the tender results import or export goods under terms other than those established in the invitation for tender and the quotas issued to them have been annulled due to this reason; 17.
61. this was provided for in the original tender.
62. Additional tender may also be announced for a part of amount of the quotas (i.e. for a part of annulled tender results or for the remaining share of quotas available to the Republic of Lithuania). Quota Issuance
63. Tariff quotas for importation and exportation of goods shall be issued by the organizing ministry.
64. An economic entity which received tariff quota for the importation and exportation of goods shall be issued a certificate of quota holder (in the form coordinated with the Ministry of the Economy and the Customs Department under the Ministry of Finance), signed by the Minister or Ministry Secretary which grants such economic entity the right to import or export goods under quota. Such certificate shall be issued no later than ten working days after the date of the announcement of tender results. Certificates of quota holder and quotas shall be numbered according to the order established by the Customs Department under the Ministry of Finance. Such numbers shall be indicated in the Customs declarations.
65. The organizing ministry shall submit to the Customs Department under the Ministry of Finance a list of economic entities which received, according to the tender results, tariff quotas for importation and exportation of goods and shall specify therein the amount of quotas allocated, the numbers of certificates of quota holders issued and the reasons for issuing quotas. Information of the allocation of tariff quotas for importation and exportation to economic entities shall be published in the "State News". __________________________