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Official translation Working document GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION No 390 ON THE APROVAL OF REGULATIONS OF THE STATE QUALITY CONTROL INSPECTION UNDER THE STATE COMPETITION AND CONSUMER PROTECTION OFFICE 26 May 1992 Vilnius (The heading is laid down in the revision of Resolution No 1017 approved on 21 July 1995 by the Government of the Republic of Lithuania) The Government of the Republic of Lithuania h a s r e s o l v e d:

  1. Revision of Resolution No 1017 approved on 21 July 1995 by the Government of the Republic of Lithuania To approve Regulations of the State Quality Inspection under the State Competition and Consumer Protection Office (attached).
  2. To declare invalid Resolution No 277 ‘On State Control of Standards and Measuring Means’ approved on 14 October 1983 by the Council of Ministers of Lithuania (Official Gazette No 30-331, 1983). Prime Minister of the Republic of Lithuania G.Vagnorius APPROVED by Resolution No 390 of 26 May 1992 of the Government of the Republic of Lithuania Regulations of the State Quality Inspection under the State Competition and Consumer Protection Office (The heading is laid down in the revision of Resolution No 1017 approved on 21 July 1995 by the Government of the Republic of Lithuania) General Provisions
  3. Revision of Resolution No 1017 of 21 July 1995 and of Resolution No 1421 of 29 November 1996 approved by the Government of the Republic of Lithuania (Official Gazette No 118-2745, 1996) The State Quality Inspection of Lithuania under the State Competition and Consumer Protection Office (further referred to as the State Quality Inspection) shall be an independent State inspection body of the Republic of Lithuania controlling within its competence the compliance of products (services) with the requirements of norms. The State Quality Inspection shall implement within its competence the policies of the Government of the Republic of Lithuania for raising the prestige of the Republic of Lithuania as a country exporting its produce and for protecting the consumer interests.
  4. Revision of Resolution No 1017 approved on 21 July 1995 by the Government of the Republic of Lithuania The State Quality Inspection shall carry out its activities in accordance with the Constitution of the Republic of Lithuania, the Law of the Republic of Lithuania on Government, other laws of the Republic of Lithuania, Government resolutions, the decrees of Prime Minister, other standard acts that regulate the quality of products (services), as well as these regulations.
  5. Revision of Resolution No 1421 approved on 29 November 1996 by the Government of the Republic of Lithuania (Official Gazette No 118-2745, 1996) The structure of the State Quality Inspection shall consist of the central office and territorial units in Vilnius, Kaunas, Klaipėda, Šiauliai, Panevėžys, Alytus, Marijampolė and Utena cities, as well as the units of the State-run inspection in districts, and production testing centres. The State Quality Inspection shall receive funding from the State budget of Lithuania, special funds, and other sources referred to in the laws and resolutions of the Government of the Republic of Lithuania.
  6. The State Quality Inspection established by Resolution No 519 of 2 December 1991 of the Government of the Republic of Lithuania shall be a legal person having its own seal with the State emblem of Lithuania thereon, its own title and bank accounts. Goals and Functions of the State Quality Inspection
  7. The main goals and functions of the State Quality Inspection are as follows: 5.
  8. Revision of Resolution No 1017 approved on 21 July 1995 by the Government of the Republic of Lithuania to inspect that manufacture and sale of products and services (except for medical and veterinary services) provided by enterprises, institutions, organisations and other economic entities (further referred to as enterprises), irrespective of their ownership forms, and natural persons comply with the laws, resolutions of the Government of the Republic of Lithuania, other legislation, as well as the declared requirements which are mandatory according to the procedure established by the Government of the Republic of Lithuania and laid down in the norms; 5.
  9. to check that enterprises and natural persons manufacture and sell to consumers the products (services) which are non-hazard to health and life, meet safe maintenance norms and are environment friendly. 5.
  10. to inspect the conformity of manufacturing and non-manufacturing enterprises with the metrology rules; 5.
  11. Revision of Resolution No 1017 approved on 21 July 1995 by the Government of the Republic of Lithuania to verify the methods of ascertaining the quality and quantity of products and raw materials, and whether payments for sold production are made on basis of quality thereof; 5.
  12. to take part in the attestation of manufacturing process of the products subject to certification (where manufacturer chooses the certification on his own or the State performs the mandatory certification); 5.
  13. Revision of Resolution No 1017 approved on 21 July 1995 by the Government of the Republic of Lithuania In accordance with the procedure established by the Government of the Republic of Lithuania, to participate in the revision of projects for entities, the assessment of preparation level of enterprises to manufacture production in line with the requirements of norms, the issue of manufacture permissions and co-ordination of norms. To submit proposals to the Normisation Department of Lithuania concerning the right to affix a special mark to manufactured products certifying their conformity to the requirements of technical norms. To check compliance with conditions for issuing said mark; 5.
  14. Repealed by Resolution No 1421 approved on 29 November 1996 by the Government of the Republic of Lithuania (from 7 December 1996) (Official Gazette No 118-2745, 1996) 5.
  15. In accordance with the procedure established by the Government of the Republic of Lithuania, to carry out examination of production, both imported and exported, for quality, origin and complement control; 5.
  16. Revision of Resolution No 1017 approved on 21 July 1995 by the Government of the Republic of Lithuania to study the statements and proposals of the population and enterprises concerning the product quality, and to analyse the statements of consumers on violations of their rights in respect of goods and services quality; 5.
  17. Revision of Resolution No 1017 approved on 21 July 1995 by the Government of the Republic of Lithuania to collect, systematise and analyse the economic, legal, normisation, technological and commercial documentation and information necessary for the work of the State Quality Inspection, and submit proposals to the Normisation Department of Lithuania on improvements in the activities of this sphere; 5.
  18. Adopted by Resolution No 1017 of 21 July 1995 of the Government of the Republic of Lithuania (from 29 July 1995) to give advice to consumers on the issues of goods and services quality, to organise the systematic dissemination of information among consumers about quality of goods and services. Rights of the State Quality Inspection
  19. The State inspectors of the State Quality Inspection shall have the right: 6.
  20. upon presentation of official document, to have free access to all the enterprises (including natural persons), established on the territory of the Republic of Lithuania and engaged in manufacture and sale of products (services), for inspection purposes; 6.
  21. to get free of charge the design and manufacturing schedules for manufacture and the standards applied by the enterprise (natural persons) which is subject to inspection; 6.
  22. Repealed by Resolution No 1421 approved on 29 November 1996 by the Government of the Republic of Lithuania (Official Gazette No 118-2745, 1996) in accordance with the established procedure, to select and take samples of products for quality control, to charge the laboratories of enterprises subject to inspection with the task of testing and examining the selected samples without delay. The value of product samples and examination costs shall be paid by the enterprises from which samples were taken. If needed, the tests and examination of the samples of production, as well as health hazard, life risk, maintenance safety and environment pollution characteristics, shall be checked by specific scientific institutes and laboratories. For the purpose the experts of other State institutions may be hired. The costs related to said tasks shall be paid by the enterprise from which samples were taken; 6.
  23. Revision of Resolution No 1017 approved on 21 July 1995 by the Government of the Republic of Lithuania to verify the methods of determining the quality and quantity of products and raw materials, and whether payments for sold production are made according to quality thereof and whether the supply documentation for the production subject to certification is accompanied by quality certificates; 6.
  24. to inspect the quality of certified products; 6.
  25. to take part in the work of laboratories responsible for inspection of products (services) quality and in that of attestation commissions in accordance with the established procedure; 6.
  26. to analyse and settle the disputes arising between the supplier and recipient concerning the quality and quantity of products upon request of one of the parties; 6.
  27. to participate in the work of sampling commissions and, where disagreement arises, to demand that production be presented for laboratory test; 6.
  28. to take part in the acceptance and periodical tests on start-up manufacturing products;
  29. Revision of Resolution No 1017 of 21 July 1995 and Resolution No 1421 of 29 November 1996 approved by the Government of the Republic of Lithuania (Official Gazette No 118-2745, 1996) On finding that manufacturer, seller or provider of services violates the declared requirements or those of norms which are mandatory according to the procedure prescribed by the Government of the Republic of Lithuania, the staff members of the State Quality Inspection (according to the duties laid down in paragraphs 8-10 hereby) shall have the right: 7.
  30. to suspend manufacturing, selling and supplying of products (providing of services) or to ban selling of a product batch; 7.
  31. Revision of Resolution No 1421 approved on 29 November 1996 by the Government of the Republic of Lithuania (Official Gazette No 118-2745, 1996) to organise within its competence verification of quality characteristics of all the production (services) of the enterprise subject to inspection where a systematic or frequent breach of the requirements of norms occurs; 7.
  32. to recommend the certification institutions, in accordance with the established procedure, to withdraw production certificates if violations of product quality are found; 7.
  33. Revision of Resolution No 1017 approved on 21 July 1995 by the Government of the Republic of Lithuania in accordance with the established procedure, to propose the Standardisation Department of Lithuania to withdraw authorisation for an enterprise (natural person) to use a special production mark if said production does not satisfy the established requirements; 7.
  34. Revision of Resolution No 1421 approved on 29 November 1996 by the Government of the Republic of Lithuania (Official Gazette No 118-2745, 1996) to suspend tests on products in case the testing procedure established by standards is violated; 7.
  35. Repealed by Resolution No 1421 approved on 29 November 1996 by the Government of the Republic of Lithuania (from 7 December 1996) (Official Gazette No 118-2745, 1996) 7.
  36. Repealed by Resolution No 1421 approved on 29 November 1996 by the Government of the Republic of Lithuania (from 7 December 1996) (Official Gazette No 118-2745, 1996) 7.
  37. Repealed by Resolution No 1421 approved on 29 November 1996 by the Government of the Republic of Lithuania (from 7 December 1996) (Official Gazette No 118-2745, 1996) 7.
  38. to apply the economic sanctions provided for in standard acts and other legal measures to the legal persons for manufacturing and selling low quality products; 7.
  39. to apply the administrative fines to natural persons according to the procedure established by laws.
  40. The head of the State Quality Inspection and his deputies shall apply administrative measures to the staff members who make violations or propose to make them answer according to the procedure established by laws, and, in addition, shall have all the rights laid down in paragraph 7 hereby.
  41. The heads of structural units of the State Quality Inspection shall have the rights referred to in subparagraphs 7.1 and 7.5-7.9 hereby.
  42. Revision of Resolution No 1421 approved on 29 November 1996 by the Government of the Republic of Lithuania (Official Gazette No 118-2745, 1996) The head and senior State inspectors shall have the rights referred to in subparagraphs 7.1 and 7.10 hereby. Responsibility of the State Quality Inspection and Its Staff Members
  43. The disputes between the State Quality Inspection and legal and natural persons shall be settled in court. The disputes between the legal and natural persons of the Republic of Lithuania and foreign countries over the quality of products (services) shall be settled according to the procedure prescribed by the laws of the Republic of Lithuania unless otherwise provided for in the intergovernmental agreements.
  44. A failure by the staff members of the State Quality Inspection to perform their official duties or improper fulfilment thereof shall carry the disciplinary, material or criminal responsibility according to the procedure established by laws.
  45. If the staff members of the State Quality Inspection, when inspecting the production quality, fail to observe the laws of the Republic of Lithuania, neglect the State and consumer interests and reveal the commercial and manufacturing secrets, legal measures shall be applied to them.
  46. The administrative and legal measures shall be applied to those staff members of the State Quality Inspection who present information not corresponding to reality.
  47. The exceeding of competence and power abuse by the staff members of the State Quality Inspection shall carry the disciplinary, material or criminal responsibility according to the procedure established by laws. Contacts of the State Quality Inspection
  48. The State Quality Inspection in the implementation of its goals and functions shall co-operate and exchange information with other State institutions related to the quality control of products, as well as citizens and public organisations established in the Republic of Lithuania and abroad.
  49. With reference to the characteristics declared by manufacturer or the requirements of norms which are mandatory according to the procedure established by the Government of the Republic of Lithuania, the State Quality Inspection shall inspect the quality of agricultural and food products and raw materials thereof except for the quality parameters indicated in the Regulations of the State Hygienic Inspection under the Ministry of Health.
  50. In order to verify the compliance of construction materials, articles and constructions with the standards, the State Quality Inspection shall invite to the inspections the representatives of State surveillance services for construction.
  51. Revision of Resolution No 1017 approved on 21 July 1995 by the Government of the Republic of Lithuania The State Quality Inspection shall organise and perform examination of the imported and exported production for quality, complement, packaging, marking and origin control, according to the established procedure, in co-operation with the Customs Department under the Ministry of Finance. Organisation of the State Quality Inspection Work
  52. Revision of Resolution No 1017 approved on 21 July 1995 by the Government of the Republic of Lithuania The State Quality Inspection shall be run by the head of inspection to be appointed and dismissed by the chairman (prime minister) of the Government of the Republic of Lithuania on recommendation of the director of the State Competition and Consumer Protection Office. The head of the State Quality Inspection shall have the deputies who, on his recommendation, shall be appointed and dismissed by the director of the State Competition and Consumer Protection Office.
  53. The head of the State Quality Inspection shall: 21.
  54. approve the job instructions for the staff members of the inspection; 21.
  55. define the duties and rights of his deputies and those of the heads of State Quality Inspection’s structural units; 21.
  56. issue orders (enactments) within his competence, give instructions and inspect how they are fulfilled; 21.
  57. approve the Inspection’s structure, internal work regulations and staff list; 21.
  58. recruit and dismiss the heads of State Quality Inspection’s structural units and other staff members, take care of the qualification of staff members, and their work and living conditions; 21.
  59. represent the State Quality Inspection in other institutions and organisations of the Republic of Lithuania; 21.
  60. investigate the complaints about the actions of State Quality Inspection’s staff members and may repeal (change) the decisions of Inspection staff members that do not comply with the legislation and other standard acts; 21.
  61. fulfil other obligations authorised to him by laws;
  62. Revision of Resolution No 1421 approved on 29 November 1996 by the Government of the Republic of Lithuania (Official Gazette No 118-2745, 1996) Persons who inspect the conformity to the requirements of standards and other norms shall be attested according to the procedure established by the Government of the Republic of Lithuania.

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