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Ramunė Lū˛aitė (1997.02.25)

Ramunė Lū˛aitė (1997.02.25) REPUBLIC OF LITHUANIA LAW ON TOBACCO CONTROL 20 December 1995 No I-1143 Vilnius (As amended on 1 December 2011 – No XI-1766) CHAPTER I GENERAL PROVISIONS Article 1. Purpose

Article 9

; Version of subparagraph 1 as of 1 July 2012: 1) an institution authorised by the Government,

Article 9

; Version of subparagraph 2 before 1 April 2011: 2) the State Tobacco and Alcohol Control Service,

Article 10

, paragraphs 1, 3, 4, 5 and 7 of Article 12, Article 13, paragraph 1 of Article 14, subparagraphs 1, 2, 3, 4 and 6 of paragraph 3 of Article 14, paragraph 5 of Article 14, Article 15 and 16, paragraph 1 (except for violations in the media), paragraphs 4 and 5 of Article 17, Article 18, and subparagraph 5 of paragraph 1 of Article 19; Version of subparagraph 2 as of 1 April 2011: 2) the Drug, Tobacco and Alcohol Control Department,

Article 10

, paragraphs 1, 3, 4, 5 and 7 of Article 12, Article 13, paragraph 1 of Article 14, subparagraphs 1, 2, 3, 4 and 6 of paragraph 3 of Article 14, paragraph 5 of Article 14, Article 15 and 16, paragraph 1 (except for violations in the media), paragraphs 4 and 5 of Article 17, Article 18, and subparagraph 5 of paragraph 1 of Article 19; Version of subparagraph 3 before 1 April 2011: 3) the State Consumer Rights Protection Authority, for violations of subparagraph 5 of paragraph 3 of Article 14 (where the State Non Food Products Inspectorate under the Ministry of Economy of the Republic of Lithuania presents a record of violations) and paragraph 1 of Article 17 in the mass media; Version of subparagraph 3 as of 1 April 2011: 3) the State Consumer Rights Protection Authority, for violations of subparagraph 5 of paragraph 3 of Article 14 (where the State Non Food Products Inspectorate under the Ministry of Economy presents a record of violations) and paragraph 1 of Article 17 in the mass media; Version of subparagraph 4 before 1 April 2011: 4) the State Non Food Products Inspectorate under the Ministry of Economy of the Republic of Lithuania, for violations of subparagraph 6 and 7 of paragraph 3 of Article 14; Version of subparagraph 4 as of 1 April 2011: 4) the State Non Food Products Inspectorate under the Ministry of Economy,

Article 10

, paragraphs 1, 3, 4, 5 and 7 of Article 12, Article 13, paragraph 1, subparagraphs 1, 2, 3, 4, 6 and 7 of paragraph 3 of Article 14, Articles 15, 16, Article 18, subparagraph 5 of paragraph 1 of Article 19; 5) the State Tax Inspectorate, for violations of subparagraphs 1 and 4 of paragraph 3 of Article 14; 6) municipal executive institutions, for violations of the requirements set in paragraph 1 of Article 10 and paragraph 1 of Article 14 for retail shops, and also for violations of Articles 15 and 16, paragraph 1 (in external means of advertising), paragraphs 4 and 5 of Article 17, Paragraph 1 of Article 18; 7) heads of police establishments or persons authorised by them, for violations of subparagraphs 1, 2 and 3 of paragraph 3 of Article 14; 8) officers of the Customs Department under the Ministry of Finance of the Republic of Lithuania, for violations of subparagraph 1 and 3 of paragraph 3 of Article

  2. The institutions specified in paragraph 13 of this Article, when imposing fines for violations of this Law within the scope of their competence, shall determine the specific amount of a fine taking into account the nature of the violation and the circumstances mitigating or aggravating liability. In the event of mitigating circumstances, the amount of the fine imposed may not exceed the average amount of the economic sanction usually imposed for the committed violation; in the event of aggravating circumstances, the amount of the fine imposed may not be lower than the average amount of the economic sanction usually imposed for the committed violation. In the event of mitigating and aggravating circumstances, a fine shall be imposed, taking into account their quantity and significance. Any reduction or increase in the fine shall be motivated by a decision of the institution which imposes the fine for violations of the requirements set forth in this Law. Taking into account mitigating and other circumstances (due to which a respective pecuniary penalty imposed on the offender would be evidently too large because it is not proportionate to the committed violation and therefore unjust) and acting in compliance with the criteria of prudence and fairness, the court, which hears an appeal, shall be entitled to impose a smaller pecuniary penalty than the minimum pecuniary penalty fixed in the relevant paragraph of this Article.
  3. Mitigating circumstances shall include actions of the legal persons, branches of foreign legal persons or farmers concerned taken at their own initiative to prevent the harmful consequences of the violation as well as their assistance to competent authorities in the investigation of the violation, compensation of losses or elimination of the damage done. Aggravating circumstances shall include actions of the legal persons, branches of foreign legal persons or farmers concerned to impede the investigation procedure, conceal the violation, continue the violation despite the competent authority’s instructions to discontinue illegal actions. The institution which imposes the fine may recognise circumstances other than those specified in this paragraph as mitigating or aggravating. Article
  4. Record of Violations and Terms for Case Examination
  5. The authorised employees (officers) of the institutions referred to in paragraph 13 of Article 26, after having established violations of the provisions of this Law, shall draw up a record the content of which is in compliance with the Code of Administrative Offences of the Republic of Lithuania.
  6. The institutions referred to in paragraph 13 of Article 26 of this Law shall examine a case and impose economic sanctions not later than within a one month from the day on which the violation was established. Article
  7. Participants of Proceedings
  8. Where a case is examined by an institution, which imposes economic sanctions for the violations specified in Article 26 of this Law, the participants of the proceedings shall be as follows: 1) the person suspected of violating this Law (suspected offender); 2) other persons designated by a decision of the institutions specified in paragraph 13 of Article 26 of this Law where their interests are directly related to the case examined; 3) representatives of state and municipal institutions at their request; 4) experts, specialists and other persons from the institutions specified in paragraph 13 of Article 26 of this Law.
  9. Persons indicated in subparagraphs 1 and 2 of paragraph 1 of this Article shall hereinafter be referred to in this Law as parties to the proceedings.
  10. Parties to the proceedings may be represented by their authorised representatives. Article
  11. Notification of Case Examination Parties to the proceedings shall be notified in writing about the established violations of this Law, the place and time of the examination of the case and they shall also be offered to submit their opinion in writing. Article
  12. Examination of a Case
  13. The case shall be examined with the parties to the proceedings and other participants of the proceedings in attendance.
  14. Where a case is examined, the parties to the proceedings shall have the right to have access to the materials collected, give oral and written explanations, present evidence and state requests.
  15. Where the parties to the proceedings are not in attendance, the case may be examined only where information is available to the effect that they have been duly notified about the place and time of the examination of the case and that they have been granted access to the case file and entitled to give explanations. Article
  16. Decisions Adopted Following the Examination of a Case
  17. The institutions specified in paragraph 13 of Article 26 of this Law, after having examined the case, shall adopt one of the following decisions: 1) to impose the economic sanctions prescribed by this Law; 2) in the absence of the grounds specified in this Law, to refuse to impose economic sanctions; 3) to dismiss the case where no violation of this Law has been committed; 4) to refer a case back for further investigation.
  18. After a case is examined, the adopted decision shall contain the following information: 1) the name of the institution which has adopted the decision; 2) the date and place of the examination of the case; 3) data about the offender; 4) circumstances of committing the violation; 5) evidence of guilt on which the decision is based; 6) the relevant article of this Law stating liability for violations; 7) explanations given by the offender and their evaluation; 8) the decision adopted; 9) the terms and procedure for appealing against the decision.
  19. The decisions of the institutions specified in paragraph 13 of Article 26 of this Law shall be sent within two working days after their adoption to the persons in reference to whom they were adopted. Article
  20. Recovery of Fines
  21. The fine imposed shall be paid to the state budget not later than within one month from the day of communication of the decision to the offenders of this Law and, in the event that the fine has been imposed by a municipal executive institution, to the respective municipal budget.
  22. The unpaid fines shall be recovered by bailiffs where they enforce the decisions of the institutions specified in paragraph 13 of Article 26 of this Law and act in accordance with the procedure laid down in the Code of Civil Procedure of the Republic of Lithuania. A decision may be presented for execution not later than 3 years after adoption. Article
  23. Appeals against Decisions to Impose Economic Sanctions
  24. Persons who contest a decision to impose economic sanctions shall have the right to appeal to court against the decision within one month from the date of receipt thereof in accordance with the procedure laid down in the Law on Administrative Proceedings of the Republic of Lithuania.
  25. A court appeal shall suspend the enforcement the decision to impose economic sanctions. Article
  26. Disputes over Violations of the Law Any disputes over violations of this Law shall be settled in accordance with the procedure laid down in the laws of the Republic of Lithuania. ANNEX to the Republic of Lithuania Law No IX-1840 of 20 November 2003 The Law on Tobacco Control of the Republic of Lithuania shall be in compliance with the following EU legal acts: 1) Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities (as last amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997); 2) Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products; 3) Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products.

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