Translation from Lithuanian

Translation from Lithuanian Translation from Lithuanian Government of the Republic of Lithuania R E S O L U T I O N No. 532 On Partial Amendments to Resolution No. 1610 "On the Approval of the Order of Customs Transit Clearance Procedure" adopted by the Government of the Republic of Lithuania on 22 December 1995 Vilnius, 30 May 1997 The Government of the Republic of Lithuania r e s o l v e s: 1. Partly amending the order of customs transit clearance procedure approved by Resolution No. 1610 "On the Approval of the Order of Customs Transit Clearance Procedure" adopted by the Government of the Republic of Lithuania on 22 December 1995 (Records, No. 1-12, No. 70-1690, 1996), to outline paragraphs 7, 12, 13, 14 and 15 as follows: "7. While transporting goods subject to customs transit procedure, a deposit shall be lodged according to the established procedure, which is not less than the sum of import customs duties and (

1. or)taxes applied to these goods (in the event of transit across the customs territory of the Republic of Lithuania), or not less than the sum of export customs duties and (
2. or)taxes applied to these goods (in the event of transit outside the customs territory of the Republic of Lithuania), or a security shall be provided for the appropriate sum of the customs duties and taxes in accordance with the procedure established by the Government of the Republic of Lithuania. A possible form of deposit or security shall be chosen by the implementing agent (carrier). If excised goods in free circulation within the customs territory of the Republic of Lithuania and sugar (codes according to the Combined Goods Nomenclature - 17.01, 1702.30, 1702.40, 1702.90) are exported and according to the customs transit procedure and transported from the inland customs office in the customs territory of the Republic of Lithuania to the customs office on the state border crossing point, the sum of the deposit lodged or security provided shall be not less than the sum of the import excise applied for these goods and (
3. or)value added tax. In compliance with the procedure established by the Customs Department a security or a deposit may be applied for several customs transit operations carried out consecutively. Securities shall be provided to the customs according to the Procedure of Securities Application in the Customs procedure approved by the Customs Department. The securities system established by the Customs Convention on International Transport of Goods under the cover of TIR Carnets (Geneva, 14 November 1975) shall be applied to goods that in the course of transportation are subject to the customs transit procedure under the cover of TIR Carnets. If this system is applied, no additional security (deposit) shall be required. If the sum of the established customs duties and taxes exceeds the amount of TIR security for goods transported under the cover of TIR Carnets, an additional security or deposit shall be required (equal to the amount of the sum exceeded). If goods, subject to the customs transit procedure are transhipped from one means of transport into another means of transport without unloading them from a road vehicle (including trailers, semi-trailers and combinations of vehicles) or containers, are transported under the cover of TIR Carnets, the securities system, as established by the Customs Convention on International Transport of Goods under the cover of TIR Carnets (Geneva, 14 November 1975) shall also apply if the aforementioned goods are transported by roads only as part of their route. The following goods shall not be transported under the cover of TIR Carnets: undernatured ethyl alcohol of an alcoholic strength by volume not less than 80% (code according to the Combined Goods Nomenclature - 2207.10); undernatured ethyl alcohol of an alcoholic strength by volume less than 80%; vodka, liqueurs and other spirituous beverages; compound alcoholic preparations used for the manufacture of beverages (code according to the Combined Goods Nomenclature - 22.08); cigars, including cheroots and cigarillos of tobacco (code according to the Combined Goods Nomenclature - 2402.10); cigarettes with tobacco (code according to the Combined Goods Nomenclature - 2402.20); smoking tobacco, whether or not containing tobacco substitutes in any proportion (code according to the Combined Goods Nomenclature - 2403.10). 12. Non-ferrous metals, their alloys, waste material and scrap (codes according to the Combined Goods Nomenclature - 74.04, 75.03, 76.02, 78.02, 79.02, 80.02, 8101.91.90.0, 8102.91.90.0, 8103.10.90.0, 8104.20.00.0, 8105.10.90.0, 8106.00.10.0, 8107.10.90.0, 8108.10.90.0, 8109.10.90.0, 8110.00.19.0, 8111.00.19. 0, 8112.11.90.0, 8112.20.39.0, 8112.30.40.0, 8112.40.19.0, 8112.91.39.0, 8112.91.50.0), alcohol drinks including ethyl alcohol (codes according to the Combined Goods Nomenclature - 22.03-22.08), tobacco products (codes according to the Combined Goods Nomenclature - 24.02-24.03), sugar (codes according to the Combined Goods Nomenclature - 17.01, 1702.30, 1702.40, 1702.90) in transit shall be transported by roads across the customs territory of the Republic of Lithuania by closed vehicles suitable for sealing with customs seals. Automobile gasoline and diesel fuel (codes according to the Combined Goods Nomenclature - 2710.00.27.0-2710.00.36.0, 2710.00.66.1, 2710.00.67.1, 2710.00.68.1) shall be prohibited from transit transportation by road vehicles across the customs territory of the Republic of Lithuania, with the exception of A-95 and higher octane engine gasoline and "City type" diesel fuel, the transportation procedures of which shall be established by the Ministry of Finance and the Ministry of National Economy. Transit carriage of alcoholic beverages, including ethyl alcohol (codes according to the Combined Goods Nomenclature - 22.03-22.08) by rail across the customs territory of the Republic of Lithuania shall take place in covered wagons and tank-cars and containers; tobacco products (codes according to the Combined Goods Nomenclature - 24.02-24.03), sugar (codes according to the Combined Goods Nomenclature - 17.01, 1702.30, 1702.40, 1702.90), non-ferrous metals, their alloys, waste, and scrap (codes according to the Combined Goods Nomenclature - 74.01 - 81.12, 8544.11) - only in covered wagons and containers, whereas if their unit mass exceeds 500 kilograms or when due to their measurements or being in bulk, they cannot be loaded into covered wagons, also in half-wagons; petrochemicals (codes according to the Combined Goods Nomenclature - 2710.00.21.0, 2710.00. 27.0 - 2710.00.36.0, 2710.00.37.0, 2710.00.39.0, 2710.00.45.0, 2710.00.51.0, 2710.00.66.1 - 2710.00.68.9, 2710.00.87.0 - 2710.00.96.0, 2710.00.98.9) - only in covered wagons, tank-cars and containers. Such wagons and containers must be sealed with the seals of the sender, and (
4. or)the customs and transported only when escorted with the paramilitary guards of the state enterprise of special designation "Lietuvos geleþinkeliai". Transit carriage of automobile gasoline and diesel fuel (codes according to the Combined Goods Nomenclature - 2710.00.27.0 - 2710.00.36.0, 2710.00.66 - 2710.00.68) by rail across the customs territory of the Republic of Lithuania shall be transported only by a separate freight train joined together by the sender of goods outside the territory of the Republic of Lithuania and, upon the receipt of special permits by the Ministry of Transport issued according to the procedures established in agreement with the Border Police Department under the Ministry of the Interior and the Customs Department, and in separate trains joined together for this purpose in border-area railway stations of the Republic of Lithuania, or in lined-up tank-cars in mixed trains. Transit carriage across the customs territory of the Republic of Lithuania of waste and scrap of precious metals (code according to the Combined Goods Nomenclature - 71.12) shall take place only in covered containers, sealed with the customs seals, in accordance with the procedure established by the Ministry of Finance in agreement with the Ministry of the Interior and the Customs Department. 13. Goods carried under the customs transit procedure by road vehicles shall be delivered to the office of destination no later than after five working days from the beginning of clearance procedure at the office of departure, and not later than after seven working days (not including rest days and public holidays) if they are carried by other means of transportation. Alcoholic beverages, including ethyl alcohol (codes according to the Combined Goods Nomenclature - 22.03-22.08), tobacco products (codes according to the Combined Goods Nomenclature - 24.02-24.03), sugar (codes according to the Combined Goods Nomenclature - 17.01, 1702.30, 1702.40, 1702.90) carried by road vehicles under the customs transit procedure shall be delivered to the office of destination no later than after two working days (not including rest days and public holidays) from the beginning of clearance procedure at the office of departure. Petrochemicals (codes according to the Combined Goods Nomenclature 2710.00.21.0, 2710.00.27.0 - 2710.00.36.0, 2710.00.37.0, 2710.00.39.0, 2710.00.45.0, 2710.00.51.0, 2710.00.66.1 - 2710.00.68.9, 2710.00.87.0 - 2710.00.96.0, 2710.00.98.9) carried under the customs transit procedure by rail escorted by paramilitary guards of the public company of special designation "Lietuvos geleþinkeliai" shall be delivered to the office of destination no later than after five working days (not including rest days and public holidays) from the beginning of clearance procedure at the office of departure. The customs shall have the right to establish a shorter period of customs transit on the basis of the terms of transportation of goods. Due to force majeure (bad weather, natural disasters, breakdown of means of transport, fuel shortage, accident, illness of driver) the time for the customs transit procedure (provided it has not expired) may be extended by way of exception, upon the receipt of a written request from the implementing agent (carrier) of the customs transit procedure, by the head (deputy) of the territorial customs control point for a period up to 15 days, and for a period exceeding 15 days (and due to other force majeure or upon expiration of the term for the customs transit procedure), by the head (deputy) of the territorial customs house. Police officers present during the registration of an accident or breakdown of the means of transport shall sign the customs declaration and make appropriate marks in it or other documents used by the customs in clearing the customs transit procedure. The time required to tranship goods shall be calculated into the time for the customs transit procedure (with the exception of cases established in paragraph 16 of these regulations). In extending the time period for the customs transit procedure, due consideration shall be given to the circumstances of the transhipment of goods from one means of transport to another. 14. Taking into consideration the terms of transportation of goods, the customs shall have the right to establish the route for the transportation of goods according to the customs transit procedure. Customs-established route or office of destination may be altered only with the consent of the customs. If the implementing agent (carrier) wishes to change the office of destination (including change of the receiving agent or receiving country) or the route established by the customs authorities, the implementing agent of the customs transit procedure (carrier) shall submit to the customs authorities documents confirming that such change is necessary (the receiving agent refused to receive goods, the sender instructed the carrier to carry goods to another receiving agent, the state of the goods or the terms of goods transportation have changed, etc.). Alcoholic beverages, including ethyl alcohol (codes according to the Combined Goods Nomenclature - 22.03-22.08), tobacco products (codes according to the Combined Goods Nomenclature - 24.02-24.03), sugar (codes according to the Combined Goods Nomenclature - 17.01, 1702.30, 1702.40, 1702.90) shall be carried by road transport only across the following border crossing points of the Republic of Lithuania: Kalvarijos, Vitë seaport, Klaipëda terminal, Kurðiai (international sea ferry), Medininkai, Panemunë, Saloèiai as well as Vilnius, Kaunas and Palanga international airports. The office of destination of the said goods (including change of receiving agent or receiving country) or the customs-established route, when these goods are carried across the customs control points of Kalvarijos, Medininkai, Panemunë or Saloèiai, may be changed only when goods are returned to the sender. 15. Goods carried across the customs territory of the Republic of Lithuania under the customs transit procedure may be transhipped from one means of transport to another (as well as a part of the goods unloaded or additional goods loaded) at the office of departure, office of destination or any other place established by the customs or acceptable to the customs, under due supervision of customs officials. In cases established by laws and other legal acts of the Republic of Lithuania, when prohibitions or restrictions apply to the transhipment of goods, goods may be transhipped only upon submitting to the customs a respective permit issued by a state institution vested with such powers in due manner, at a place or at a time established by the respective state institution or only in the presence of representatives (officials) of the respective institution vested with such powers. Transhipment of transit alcoholic beverages, including ethyl alcohol (codes according to the Combined Goods Nomenclature - 22.03-22.08), tobacco products (codes according to the Combined Goods Nomenclature - 24.02-24.03), sugar (codes according to the Combined Goods Nomenclature - 17.01, 1702.30, 1702.40, 1702.90), with the exception of such transhipment of these goods that takes place without their unloading from the road vehicle or containers, may take place only in the territories of Klaipëda state seaport, "Draugystë", Klaipëda, Ðeðtokai railway stations as well as Vilnius, Kaunas and Palanga international airports and only when furnishing and refurnishing the cargo of a ship or an airplane. Transshipment of the aforementioned goods elsewhere may take place only in the event of an accident, car accident, or under other highly unfavourable circumstances (with the exception of cases specified in paragraph 16 thereof)". 2. To recognize as invalid: 2.1. Resolution No. 646 "On Transit Transportation of Non-ferrous Metals across the Territory of the Republic of Lithuania to and from the Kaliningrad Region of the Russian Federation" adopted on 24 August 1993 by the Government of the Republic of Lithuania (Records, No. 41-859, 1993); 2.2. Resolution No. 12 "On Partial Amendments to Resolution No. 646 "On Transit Transportation of Non-ferrous Metals across the Territory of the Republic of Lithuania to and from the Kaliningrad Region of the Russian Federation" adopted on 24 August 1993 by the Government of the Republic of Lithuania" adopted on 4 January 1995 by the Government of the Republic of Lithuania (Records, No. 4-79, 1995); 2.3. Resolution No. 170 "On the Approval of the Order of Customs Transit Clearance Procedure" adopted on 2 February 1995 by the Government of the Republic of Lithuania (Records, No. 12-290, 1995). 3. The present resolution shall enter into force from 16 June 1997. Minister of Justice, Acting Prime Minister Vytautas Pakalniðkis Minister of Finance Algirdas Ðemeta