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REPUBLIC OF LITHUANIA

REPUBLIC OF LITHUANIA REPUBLIC OF LITHUANIA LAW ON PRODUCT SAFETY 1 June 1999 No VIII-1206 Vilnius Chapter I GENERAL PROVISIONS Article 1. Purpose and Intent of the Law 1. This Law shall establish gen

Article 8

, subparagraphs 1, 2,

Article 9

, and subparagraphs 1, 2,

Article 10of this Law.

Article

  1. Restrictions on Marketing
  2. When there are grounds for restrictions on the marketing in pursuance of Article 16 of this Law, the Board or the monitoring authorities shall have the right to apply, in the manner prescribed by the Government, the following restrictions on the marketing: 1) to cancel or ban any placing of products on the market, to obligate the producer, seller, and supplier of a service to eliminate harmful properties of the product or to destroy the dangerous product in a safe way; 2) to demand the withdrawal of the dangerous product from the market, and where the producer, seller or supplier of a service do not proceed to do that in a timely manner, or where it is impossible to identify promptly the producer, seller or supplier of a service, the monitoring authorities themselves shall withdraw the dangerous product from the market; 3) to ban advertising of the dangerous product and to request discontinuation of advertising of such a product.
  3. If a monitoring authority itself withdraws a dangerous product from the market, by the decision of the Board, the expenses incurred shall be recovered from the producer, seller, and supplier of a service.
  4. Decisions of the Board or resolutions of the monitoring authorities with regard to the beginning or end of restrictions on the marketing must be published in the information appendix of the “Valstybės žinios” (the “Official Gazette”).
  5. Producers, sellers and service suppliers must carry out decisions of the Board or resolutions of the monitoring authorities from the moment of their receipt unless a later date is specified in the decision or resolution. Chapter VII STATE EXPERT EXAMINATION OF PRODUCT SAFETY Article
  6. State Expert Examination of Product Safety
  7. State expert examination of product safety shall be undertaken: 1) at the request of the monitoring authorities; 2) upon a reasoned proposal of public consumer protection organisations. 2.The procedure for carrying out state expert examination of product safety and its principles shall be established by the Government or an institution designated by it.
  8. State expert examination of product safety shall be carried out by institutions designated by the Government. Article
  9. Conclusions of State Expert Examination of Product Safety If during state expert examination of product safety it is established that product samples or services are dangerous the whole batch from which samples for expert examination have been taken or all the services provided by the service supplier from the moment of establishing shall be deemed dangerous. Chapter VIII LIABILITTY FOR VIOLATIONS OF LAW ON PRODUCT SAFETY Article
  10. Liability for Violations of the Law
  11. Producers, suppliers of services in breach of the requirements of this Law shall be held liable in the manner stipulated by this Law and other legislation.
  12. The importer in breach of the requirements of this Law shall be held liable in the same way as the producer.
  13. If the producer cannot be identified the seller shall be held liable. Article
  14. Compensation for Material Damage
  15. Damage caused to the consumer by a dangerous product shall be compensated in the manner prescribed by law.
  16. Any agreement providing exemptions of the producer, seller or supplier of a service through whose fault the damage has been caused from compensation for the damage shall be null and void. Article
  17. Persons Subject to Economic Sanctions for Violations of the Law Economic sanctions for violations of this Law shall be imposed on the producer or seller of the product, or the supplier of a service. Article
  18. Economic Sanctions for Violations of the Law
  19. The producer or seller who place dangerous products on the market may be warned or may be punishable by a fine from 500 to 5,000 Litas. 2.The producer or seller who place dangerous products on the market following the order to suspend their sale may be punishable by a fine from 3,000 to 15,000 Litas.
  20. The supplier of a service who has provided or is providing dangerous services may be warned or may be punishable by a fine from 500 to 2,500 Litas.
  21. The supplier of a service who provided or keeps providing dangerous services following the order to suspend providing them may be punishable by a fine from 2,000 to 10,000 Litas.
  22. If the person referred to in Article 22 of this Law fails to comply with the requirements of the Board or the monitoring authorities to withdraw dangerous products from the market or to destroy them may be punishable by a fine from 5,000 to 20,000 Litas.
  23. If the person referred to in Article 22 of this Law placed dangerous products on the market which have caused a health impairment to the consumer he may be punishable by a fine from 5,000 to 40,000 Litas.
  24. If the person referred to in Article 22 of this Law placed dangerous products on the market which caused the consumer’s death he may be punishable by a fine from 20,000 to 80,000 Litas.
  25. Application of economic sanctions does not exempt the fined persons from paying damages to the consumer. Article
  26. Mitigating and Aggravating Circumstances 1 The producer and seller of a dangerous product, or the supplier of a service shall not be held liable for the placing of a dangerous product on the market if they prove that: 1) the dangerous product has not been placed on the market; 2) the product became dangerous as a result of actions of a third person during an improper (unsafe) transportation or keeping (storage) or because of any other reasons; 3) at the time when the dangerous product was placed on the market, the level of science and technology was not adequate for establishing a potential risk; 4) the consumer used the product in breach of the instructions, precautions and safety measures, which resulted in the damage; 5) dangerous properties of the product resulted as a consequence of force majeure.
  27. In deciding upon the amount of an economic sanction the Board shall take into account the mitigating and aggravating circumstances.
  28. When imposing a fine, the fact that persons who have committed a violation rectified it and compensated the damage caused to consumers in good faith, as well as other relevant circumstances shall be regarded as mitigating circumstances.
  29. When imposing a fine, the fact that a person repeatedly committed the same type of violation within one year after a previous violation, and persisted in committing it without regard to the order of the Board or the monitoring authority to discontinue unlawful actions, and has failed to compensate for the damage or avoided to compensate for it, shall be regarded as aggravating circumstances. Article
  30. Time-period for Imposing Economic Sanctions The economic sanctions referred to in Article 23 of this Law may be imposed within three months from establishing a violation of the Law; and in the event of a continuing violation - from the day of ascertaining it. This provision shall not apply when a dangerous product impairs the consumer’s health or causes his death. Article
  31. Administrative Liability Violations of the Law on Product Liability shall carry administrative liability in the manner prescribed by law. Article
  32. Investigation of Violations of the Law and Procedure of Imposing Economic Sanctions
  33. Economic sanctions referred to in this Law shall be imposed and cases shall be investigated by the Board. Preparation and investigation of the cases and the procedure of imposing economic sanctions shall be laid down by this Law and regulations of the Board approved by the Government.
  34. The staff of the monitoring authorities shall draw up a statement reporting a violation of this Law and together with the relevant evidence shall submit it within three work days to the Board.
  35. A representative of the monitoring authority which submitted the relevant material shall be present during the hearing of the case; the person in breach or his representative must be duly informed and may also attend the hearing. The person in breach of the Law or his representative has the right to familiarise himself with the materials of the case, give explanations, make motions, give evidence, and appeal against the adopted decisions. Failure of the person in breach or his representative when he was informed in a timely manner about the venue and time of the hearing to appear during the hearing of the case shall not prevent the hearing from taking place.
  36. After investigation of the case the Board shall adopt an appropriate decision. The decision shall state the name of the institution which adopted the decision, the date and venue of the investigation, information about the person in breach of the Law, the circumstances of the violation, the evidence on which the decision is based, the article of the Law on Product Safety which provides for liability for violation of the Law, the adopted decision, the time-limit for appealing against it and its procedure. Article
  37. Appeal Against Resolutions of the Monitoring Authorities and Decisions of the Board
  38. Within 20 days from adoption of a resolution or a decision, the producer, seller and supplier of services may file an appeal with a court against the decisions of the Board or resolutions of the monitoring authorities relating to the restrictions on the marketing and the decisions of the Board on imposing economic sanctions in the manner set forth by the Law on Administrative Proceedings.
  39. Appeal to the court shall not stay enforcement of the decision or resolution unless the court provides otherwise. Article
  40. Recovery of Fines
  41. The imposed fines referred to in Article 23 of this Law shall be paid into the State Budget within one month after the day of service on the person in breach of the Law of the decision to impose a fine upon him.
  42. The unpaid fines shall be recovered in the manner laid down by the Code of Civil Procedure. Chapter IX FINAL PROVISIONS Article
  43. Entry into Force This Law, with the exception of Article 31, shall enter into force from January 1,
  44. Article
  45. Recommendation to the Government The Government of the Republic of Lithuania: 1) prior to 1 October 1999, shall prepare drafts for the amendment of laws related to this particular Law; 2) prior to December 31, 1999, shall adopt legal acts implementing this Law. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADMAKUS

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