LIETUVOS RESPUBLIKOS

LIETUVOS RESPUBLIKOS REPUBLIC OF LITHUANIA LAW ON ALCOHOL CONTROL 18 April 1995  No I-857 (As last amended on 2 July 2013 – No XII-468) Vilnius CHAPTER 1 GENERAL PROVISIONS Article 1. Purpose of the Law 1. The purpose of this Law is to reduce the general consumption of alcohol, its availability, especially to minors, alcohol abuse, the damage caused by it to health and the economy and to establish the legal principles of granting economic entities the right to manufacture, sell, bring in, import and export the alcohol products, regulated in this Law. 2. This Law shall regulate the relations involving the production, sale, stocking, transporting, bringing in, importing, exporting, consumption, advertising and sponsorship and shall establish the basics of State alcohol control of the Republic of Lithuania. 3. The provisions of this Law have been harmonised with the legal acts of the European Union which are indicated in the Annex of the Law. Article 2. Definitions 1. Alcoholic beverages means the beverages whose ethyl alcohol strength by volume exceeds 1.2 % (in respect of beer – exceeds 0.5 %). 2. Shop selling alcoholic beverages means a shop the range of goods whereof consists solely of alcoholic beverages or alcoholic beverages and related products (juices and other non-alcoholic beverages, gadgets for opening and sealing bottles, bottle packing, cups, glasses, tobacco products, matches and lighters). 3. Department selling alcoholic beverages means a department of the shop the range of goods whereof consists solely of alcoholic beverages or alcoholic beverages and related products (juices and other non-alcoholic beverages, gadgets for opening and sealing bottles, bottle packing, cups, glasses, tobacco products, matches and lighters). 4. Alcohol control means all of the state regulation measures, set out in legal acts, related to alcohol product production, bringing in, import, export, sale, consumption and alcohol advertising and intended to reduce alcohol consumption as well as the harm to health and economy caused by the consumption of other products containing ethyl alcohol. 5. Alcohol products means non-denatured alcohol and denatured (including dehydrated) ethyl alcohol (hereinafter referred to as “ethyl alcohol”), alcoholic beverages, alimentary and non-alimentary alcoholic solutions with fragrant material additives (hereinafter referred to as “alcoholic solutions”) and raw materials containing ethyl alcohol (hereinafter referred to as “raw materials”). 6. Export of alcohol products means the taking-out of alcohol products from the Republic of Lithuania to other states, with the exception of the European Economic Area States and Turkey. 7. Import of alcohol products means the bringing-in of alcohol products into the Republic of Lithuania from other states, with the exception of the European Economic Area States and Turkey. 8. Entry of alcohol products means the bringing-in of alcohol products into the Republic of Lithuania (except alcohol products brought in by natural persons) from the European Economic Area States and Turkey. 9. Batch of alcohol products means a group of units of an alcohol product produced or packed under the same conditions which are intended for sale, where this group is subject to the same product safety and conformity requirements. 10. Advertising of alcohol means the information which is disseminated in any form and through any means and which is connected with commercial, economic and financial activities of undertakings and promotes the acquisition or consumption of alcohol products. 11. Ethyl Alcohol (hereinafter referred to as “alcohol”) means the saturated monohydroxyl alcohol which affects the mind and may result in habit forming and dependency on it. 12. Party to the Agreement on the European Economic Area means a Member State of the European Union or an EFTA State, except the Swiss Confederation. 13. European Economic Area State means a Member State of the European Union or a State of the European Free Trade Association (EFTA).  14. European legal person means a legal person or any other organisation established in a party to the Agreement on the European Economic Area (except the Republic of Lithuania). 15. Undertaking means a legal person established in the Republic of Lithuania, a branch of a foreign legal person established in the Republic of Lithuania in accordance with the procedure laid down by the law. 16. Mass events means the holidays, festivals and any other event intended for a large number of people and organised by state or municipal institutions, natural persons, legal persons or organisations or their branches which do not have the status of a legal person, upon having co-coordinated the time of the event and the procedure of the event organisation with the appropriate municipal institutions (where such co-ordination is required under the Republic of Lithuania Law on Assemblies). 17. Retail sales outlet means a shop, an automobile-shop, a pavilion which engage in retail trade and which are set up pursuant to the requirements of legal acts regulating food handling. 18. Home-brewed alcoholic beverages means alcoholic beverages produced by a natural person. 19. Naturally fermented alcoholic beverages means alcoholic beverages in which all of the ethyl alcohol is obtained through alcohol souring means, without further distilling and adding any alcohol products which contain distilled or rectified ethyl alcohol. 20. Time-dependent retail sales outlet means a retail sales outlet set up in a temporary construction works which is not subject to registration in the Real Property Register. 21. Time-dependent public catering establishment means a public catering establishment set up in a temporary construction works which is not subject to registration in the Real Property Register. 22. Ethyl alcohol of non-agricultural origin means the ethyl alcohol produced from the products which are not listed in Annex I to the Treaty on the Functioning of the European Union. 23. Stocks alcoholic beverages of aircrafts and ships means alcoholic beverages intended for the consumption by passengers on board the aircrafts and ships. 24. Pavilion means a temporary construction works which is not subject to registration in the Real Property Register, does not have the foundation driven into the ground, manufactured in the plant or built from prefabricated structures and which has a sales area inside for providing services to customers. 25. Special sales outlet means a shop set up in the warehouse of excise goods and (or) goods subject to value added tax relief, established in an international seaport or airport or in a border crossing point of the Republic of Lithuania with third countries, where such a shop sells alcoholic beverages only to passengers departing from the Republic of Lithuania. 26. Permanent retail establishment means a retail establishment set up according to the procedure laid down by laws and other legal acts of the Republic of Lithuania in a building registered in the Real Property Register. 27. Permanent catering establishment means a catering establishment set up according to the procedure laid down by laws and other legal acts of the Republic of Lithuania in a building registered in the Real Property Register. 28. Education institution means an institution providing formal and non-formal education. 29. Foreign legal person means a legal person or any other organisation established in a party to the Agreement on the European Economic Area (except the Republic of Lithuania) or any other foreign state. 30. Public catering establishment means a restaurant, cafe, bar or other food handling location set up in compliance with the requirements for pubic catering laid down by legal acts regulating food handling, where food for public catering is prepared, cooked and sold. 31. Ethyl alcohol of agricultural origin means the ethyl alcohol produced from products of agricultural origin listed in Annex I to the Treaty on the Functioning of the European Union. Article 3. Principles of State Policy of Alcohol Control The principles of the State policy of alcohol control shall be as follows: 1) to reduce availability of alcoholic beverages through taxation; 2) to ensure through State regulation measures the State control of alcohol, protection and strengthening of the health of the population and funding of the programmes of education of minors; 3) repealed; 4) to limit promotion of the sale and consumption of alcoholic beverages; 5) to prohibit the means of promotion of buying and consumption of alcoholic beverages by youth; 6) to encourage legal persons who are engaged in alcohol business to join in implementing the State alcohol control policy; 7) to increase public information regarding the issues of the social and economic harm inflicted on health and economy through the consumption of alcohol; 8) to sponsor action programmes of health and temperance societies and thus augment the number of people who don’t consume alcoholic beverages; 9) to promote the production and sale of non-alcoholic beverages; 10) to support planning of an alcohol-free living environment; 11) to promote the creation of a social environment free of alcohol; 12) to promote scientific research and dissemination of information concerning the harm caused to health by the consumption of alcohol; 13) to strengthen the cooperation with other Member States of the European Union and international organisations regarding the issues of the reduction of the consumption of alcohol. CHAPTER II PECULIARITIES OF STATE REGULATION OF PRODUCTION, SALE, \BRINGING IN, IMPORT, EXPORT AND CONSUMPTION OF ALCOHOL AND OTHER PRODUCTS CONTAINING ETHYL ALCOHOL. REGULATION OF ALCOHOL PRODUCTS CLASSIFICATION, QUALITY AND PUBLIC HEALTH SAFETY REQUIREMENTS AND INDICATORS Article 4. Peculiarities of State Regulation of Production, Sale, Bringing in, Import and Export of Alcohol Products 1. Alcohol products shall be attributed to special goods the registration, production, bringing in, import, export, sale and consumption whereof shall be subject under this law and other laws and legal acts to a special state regulation regime. 2. The Ministry of Agriculture and the State Food and Veterinary Service shall be responsible for the implementation of the requirements of EU legal acts which regulate the wine sector. Article 5. Peculiarities of State Regulation of Production, Sale, Bringing in, Import and Consumption of Products Containing Ethyl Alcohol 1. If the liquids (technological products, products of perfumery, cosmetic and household chemistry industry etc.), which contain ethyl alcohol are consumed as beverages which have an intoxicating effect, the Government of the Republic of Lithuania or an institution authorised by it shall have the right, based upon statistical sample survey data on the harmful consequences to health caused by consumption of these liquids, to set their accounting, production, bringing in, import, sale and consumption according to the norms prescribed by this Law. 2. Guided by this Law and other laws and legal acts the Government of the Republic of Lithuania or an institution authorised by it may set the procedure of accounting, production, bringing in, import and sale of food products which contain alcohol. Article 6. Regulation of Safety and Quality Indicators of Alcohol Products The safety and quality indicators of alcohol products produced, imported, brought in and sold in the Republic of Lithuania must conform to the requirements valid in the Republic of Lithuania. Article 7. Establishment of Conformity of Alcohol Products with the Requirements of Legal Acts 1. The State Food and Veterinary Service shall within the scope of its competence control the conformity of alcohol product safety and quality indicators with the requirements of the legal acts in force in the Republic of Lithuania. Laboratories confirmed by an institution authorised by the Government of the Republic of Lithuania, who have the right to issue documents certifying the conformity of alcohol products, shall test the alcohol products. 2. The State Food and Veterinary Service shall control the winemaking technologies employed in the production of wine products. 3. Should the control institutions authorised by this Law and other legal acts, in testing the samples of alcohol products taken in accordance with the set procedure, determine that these do not meet the requirements of legal acts, it shall be deemed that the entire batch of alcohol products from which the samples have been selected does not meet these requirements and measures of market restriction established by law shall be applied. Article 8. Classification of Alcoholic Beverages Alcoholic beverages produced in Lithuania, imported, brought in into the Republic of Lithuania and sold there shall be distributed in-groups, subgroups and/or categories. An institution authorised by the Government of Lithuania shall determine the groups, subgroups and/or categories, except for those, the classification whereof is determined by directly applicable legal acts of the European Union. Article 9. Labelling of Alcoholic Beverages Alcoholic beverages sold in the Republic of Lithuania must be labelled according to the procedure set forth in legal acts. CHAPTER III RESTRICTION OF ALCOHOL AVAILABILITY SECTION ONE STATE REGULATION OF ALCOHOL PRODUCT PRODUCTION Article 10. State Regulation of Home-brewed Alcoholic Beverage Production Production of home-brewed alcoholic beverages shall be prohibited in the Republic of Lithuania, except naturally fermented alcoholic beverages produced for personal use of natural persons (i.e. not for sale, but only for meeting own or family needs), where the ethyl alcohol strength of such beverages by volume is not over 18 per cent (for beer- no higher than 9.5 %). Article 11. Peculiarities of State Regulation of Alcohol Product Production in the Republic of Lithuania 1. Ethyl alcohol, which is used in the production of alcoholic beverages, food and products having ethyl alcohol, must be produced only from agricultural products and be non-denatured. The Government of the Republic of Lithuania or an institution authorised by it shall set the criteria of recognition of ethyl alcohol as denatured. 2. Each batch of alcohol products produced in the Republic of Lithuania must have a document certifying the conformity of these products. The State Food and Veterinary Service shall, having co-ordinated it with the Ministry of Agriculture, approve a list of laboratories having the right to issue such documents. The beer production undertakings and undertakings producing naturally fermented mead and fruit wine, which are indicated in paragraph 2 of Article 12 of this Law and which use, under a contract, the services of food product quality research laboratories of other institutions or undertakings certified in accordance with the established procedure may, on the basis of the beer, mead or fruit wine research protocols issued by these laboratories, issue a conformity declaration of the beer, mead or fruit wine produced by them. Article 12. Granting of the Right to Produce Alcohol Products 1. Production of alcohol products (with the exception of the home-brewed alcoholic beverages referred to in Article 10 of this Law which are produced by natural persons for personal use) shall only be permitted for the undertakings which hold a licence to manufacture these products. The licences and copies thereof shall be issued, supplemented, the main data revised by the Drug, Tobacco and Alcohol Control Department. Licences shall be issued for an unlimited period. A state fee shall be charged in accordance with the procedure laid down in the Law of the Republic of Lithuania on Fees and Charges and the Law of the Republic of Lithuania on the Government for issuing and supplement of licences, revision of the main data and issuing of copies of the licences. 2. The licence to produce alcohol products shall only be issued to those undertakings which hold certified standard documents which determine the safety and quality indicators of these products as well as equipment and premises which meet the technological requirements, a laboratory for examining the quality of the alcohol products and personnel of necessary qualifications. An institution authorised by the Government of Lithuania shall establish the requirements of personnel qualification. The undertakings which annually produce up to 5000 hectolitres of beer, up to 100 hectolitres of naturally fermented mead or fruit wine and which do not have the possibility of setting up their own laboratory shall, under a contract, use the services of food product quality research laboratories of other institutions and undertakings certified in accordance with the established procedure. 3. The Government of the Republic of Lithuania, guided by this Law, the Civil Code of the Republic of Lithuania (hereinafter referred to as the “Civil Code”) and the requirements of the EU law, shall approve the licensing regulations of the production of alcohol products. SECTION TWO STATE REGULATION OF BRINGING IN, IMPORT AND EXPORT OF ALCOHOL PRODUCTS Article 13. Procedure of Bringing-in and Import of Alcohol Products 1.           It shall be permitted to import ethyl alcohol of agricultural origin only upon holding an import licence issued by an institution authorised by the Government of the Republic of Lithuania. 2. The undertakings, European legal persons and their branches, representations of foreign legal persons in the Republic of Lithuania shall be permitted to import other alcohol products and import other alcohol products which are not indicated in paragraph 1 of this Article. Having brought in or imported alcohol products, the undertakings, the European legal persons and their branches, representations of foreign legal persons in the Republic of Lithuania must conform to the requirements of sale, storage and transportation set out in Section Three of Chapter III of this Law. 3. Undertakings, European legal persons and their branches shall be permitted to import alcohol products only if they hold documents certifying conformity of the alcohol products, issued by the entities (a laboratory, another institution or the producer of alcohol products) recognised by a foreign state competent authority, in which quality and harmlessness indicators must also be presented and declared, and when importing wine, grape must (hereinafter referred to as “wine products”) – if they hold a transportation document and a document containing the data of the wine product analysis. Cases when the possession of these documents is not required when importing wine products shall be established in the legal acts which are in force in the Republic of Lithuania. 4. The Customs Department under the Ministry of Finance of the Republic of Lithuania shall, in accordance with the procedure laid down by the Government of the Republic of Lithuania or an institution authorised by it, furnish to the institution authorised by the Government of the Republic of Lithuania the information about the alcohol products imported by undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania (except ethyl alcohol of agricultural origin). Article 14. Procedure of Issuance of Licences to Import Ethyl Alcohol of Agricultural Origin 1. An institution authorised by the Government of the Republic of Lithuania shall issue licences to import ethyl alcohol of agricultural origin. 2. The Government of the Republic of Lithuania or an institution authorised by it shall set out the regulations of the licensing of the import of alcohol products, based on this Law and the requirements of the EU law. Article 15. Repealed SECTION THREE STATE REGULATION OF WHOLESALE AND RETAIL TRADE IN ALCOHOL PRODUCTS Article 16. Licences for Wholesale and Retail Trade in Alcohol Products 1. Only undertakings holding licences to engage in wholesale trade in alcohol products shall be allowed to engage in wholesale trade in the said products. Such licences and their copies shall be issued, supplemented and the main data thereof shall be revised by the Drug, Tobacco and Alcohol Control Department. Licences shall be issued for an unlimited period. A state fee shall be charged in accordance with the procedure laid down in the Law of the Republic of Lithuania on Fees and Charges and the Law of the Republic of Lithuania on the Government for issuing and supplementing of licences, revision of the main data thereof and issuing of copies of the licences. Licences to engage in wholesale trade in alcohol products must among other things have a listing of the alcohol products permitted to be sold and must indicate the groups of alcoholic beverages as well as the location of their sale and storage. 2. Undertakings holding licences to produce alcohol products shall also have the right to engage in wholesale trade in the products they produce. 3. Only the undertakings holding licences to engage in retail trade in alcoholic beverages shall be permitted to engage in retail trade in alcoholic beverages. Licences and their copies shall be issued, supplemented, the main data thereof shall be revised by an executive institution of the appropriate municipality.  Licences to engage in seasonal retail trade in beer, beer blends with non-alcoholic beverages, naturally-fermented cider of not more than 7.5 % ethyl alcohol by volume and alcoholic beverages the ethyl alcohol by volume of which does not exceed 22 % in resorts and other recreational and tourist areas designated by the municipal councils shall be issued for the resort, recreational and tourist season period set by the municipal councils. Onetime licences to engage in sale of naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 13 % at exhibitions, naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 6 % at public events and fairs as well as to engage in the sale of all alcoholic beverages at exhibitions and fairs held in permanent buildings, shall be issued to undertakings holding unlimited or seasonal licences to engage in retail trade in alcoholic beverages, to European legal persons and their branches having the right to engage in retail trade in alcoholic beverages for no longer than the time of the event’s duration. Other licences to engage in retail trade in alcoholic beverages shall be issued to undertakings for an unlimited period. A state fee shall be charged in accordance with the procedure laid down in the Law of the Republic of Lithuania on Fees and Charges and the Law of the Republic of Lithuania on the Government for issuing and supplementing of licences, revision of the main data thereof and issuing of copies of the licences. 4. The undertakings willing to engage in retail trade in alcoholic beverages at the retail establishments and catering establishments set up in multi-apartment residential buildings shall be issued licences where these undertakings present, in accordance with the procedure established by the Government of the Republic of Lithuania, a consent of a meeting (board) of the association of apartment owners of a residential building or, where the association has not been established or the association manages more than one multi-apartment residential building, a consent of the majority of owners of the residential building’s premises and tenants of non-privatised apartments (the persons signing the consent may indicate therein the time of trade in alcoholic beverages). 5. The municipal council shall establish the procedure of licence issuance for retail trade and publish it in the mass media. The Drug, Tobacco and Alcohol Control Department shall control the activities related to issuance of licences in the municipalities. 6. The licences to engage in retail trade in alcoholic beverages must, inter alia, also have entries indicating the groups of alcoholic beverages the sale of which is permitted, as well as the location of sale and storage of the alcoholic beverages. 7. The Government of the Republic of Lithuania shall set out the regulations of licensing wholesale and retail trade in alcohol products, based upon this Law, the Civil Code and the requirements of EU law. Article 17. Requirements of Sale, Storing and Transportation of Alcohol Products 1. It shall be prohibited to sell in the Republic of Lithuania: 1) alcohol products without having documents certifying the conformity of the alcohol products in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it; 2) alcohol products not recorded on the licences for the production, import and sale thereof, and alcohol products without holding the mandatory legally valid documents of product acquisition or transportation; 3) alcoholic beverages (except beer, beer blends with non-alcoholic beverages and naturally-fermented cider of not more than 7.5 % ethyl alcohol by volume) not labelled with special marks – tax stamps according to the procedure established by the Government of the Republic of Lithuania; 4) alcoholic beverages which are produced using ethyl alcohol of non-agricultural origin; 5) alcohol products whose safety and/or quality indicators do not meet the requirements in force in the Republic of Lithuania; 6) alcoholic beverages, whose labelling does not meet the requirements in force in the Republic of Lithuania; 7) counterfeit alcoholic beverages; 8) home-brewed alcoholic beverages; 9) ethyl alcohol for natural persons, except for non-denatured ethyl alcohol of agricultural origin sold in pharmacies to natural persons in accordance with the procedure established by the Ministry of Health of the Republic of Lithuania (hereinafter referred to as “the Ministry of Health”); 10) contraband alcohol products; 11) alcohol products without holding a licence issued according to the procedure established by the Government of the Republic of Lithuania; 12) alcohol products without holding at the place of their sale/storage a copy of mandatory legally valid documents of product acquisition or transportation. 2. Undertakings, European legal persons and their branches, representations of foreign legal persons in the Republic of Lithuania shall be prohibited from storing and transporting in the Republic of Lithuania: 1) alcohol products without having documents certifying the conformity of the alcohol products in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it; 2) alcohol products not recorded on the licences for the production, import and sale thereof, and alcohol products without holding the mandatory legally valid documents of acquisition or transportation of such products; 3) alcoholic beverages (except beer, beer blends with non-alcoholic beverages and naturally-fermented cider of not more than 7.5 % ethyl alcohol by volume) not labelled with special marks – tax stamps according to the procedure established by the Government of the Republic of Lithuania; 4) alcoholic beverages which are produced using ethyl alcohol of non-agricultural origin; 5) alcoholic beverages whose labelling does not meet the requirements in force in the Republic of Lithuania; 6) counterfeit alcoholic beverages; 7) home-brewed alcoholic beverages; 8) contraband alcohol products; 9) alcohol products without holding a licence issued in accordance with the procedure established by the Government of the Republic of Lithuania for alcohol product production, import and wholesale or retail trade, except for the cases set forth in paragraph 3 of this Article;. 10) alcohol products without holding at the place of their sale/storage and/or during their transportation a copy of mandatory legally valid documents of acquisition or transportation of such products; 11) alcoholic beverages in an open packaging in the passenger compartment of a car. 3. The requirements of subparagraph 9 of paragraph 2 of this Article shall not apply to: 1) the alcoholic beverages which are stored or transported by the undertakings which use these beverages as food product raw materials, also undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania which have acquired alcoholic beverages for representational purposes in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it; 2) the ethyl alcohol stored and transported by the undertakings entitled to import ethyl alcohol of agricultural origin; 3) the raw materials stored and transported by the undertakings which have the right to import raw materials as well as undertakings which use cider, grape, fruit and berry wine raw materials to produce vinegar; 4) the alcoholic solutions stored and transported by the undertakings which have the right to import alcoholic solutions, undertakings which use alcoholic solutions for production purposes as well as undertakings which engage in retail trade in alcoholic solutions bottled in disposable packaging of not more than 20 millilitres; 5) the alcohol products which are stored or transported by the persons providing transport services and economic entities of other European Economic Area states and Turkey who are in possession of the mandatory legally valid documents of the acquisition or transportation of these products; 6) the alcoholic beverages which are stored and transported by managers of ships and owners (or users) of aircrafts supplying alcoholic beverages as stocks to their ships or aircrafts carrying passengers on international routes; 7) ethyl alcohol which is used in production (including production of bio-fuels or the fuel compounds which conform to standards or statutory requirements, where this production uses non-denatured dehydrated and dehydrated denatured ethyl alcohol as well as the cases when using ethyl alcohol during the manufacturing operations it turns into another alcohol product which is fully used up for the production of any other end product which is not an alcohol product) as well as for technical, medical, veterinary needs or for scientific research operations and which is acquired, stored, transported and used by the undertakings, European legal persons and their branches which hold the authorisations issued according to the procedure established by the Government of the Republic of Lithuania, with the exception of the cases specified by the Government of the Republic of Lithuania when the authorizations are not mandatory. A state fee shall, in accordance with the procedure laid down by the Law of the Republic of Lithuania on Fees and Charges and the Law of the Republic of Lithuania, be charged for the issuing of an authorisation to purchase non-denatured ethyl alcohol, an authorisation to purchase and/or use denatured ethyl alcohol. 4. Natural persons shall be prohibited from consuming, storing and transporting alcohol products in an open packaging in the passenger compartments of cars, with the exception of the motor vehicles which have a fixed partition between the passenger and driver compartments. Natural persons who possess a business certificate which grants the right to engage in catering trade in foodstuff and who carry out the activities provided for in such a business certificate shall be prohibited from storing and transporting alcohol products in automobile-shops specially adjusted for the said trade during their working hours; taxi drivers shall also be prohibited from storing and transporting alcohol products in taxicabs during their working hours. The procedure for storing and transporting alcohol products, which is applied to natural persons, shall be established by the Government of the Republic of Lithuania or an institution authorised by it. 5. The undertakings which hold licences to produce alcohol products, engage in wholesale trade therein as well as the undertakings, European legal persons and their branches which hold licences to engage in retail sale of alcoholic beverages shall be prohibited from authorising other persons to engage in the activities indicated in the licence or to transfer this right to other persons under a contract. 6. The undertakings which hold licences to engage in wholesale trade in alcoholic beverages shall be permitted to acquire them in the Republic of Lithuania only from the undertakings which hold licences to produce alcoholic beverages, licences to engage in wholesale trade in them, and to sell them to the undertakings which hold licences to engage in wholesale or retail trade therein, also, in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it, to undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania purchasing alcoholic beverages for representational needs, to managers of ships and owners (users) of aircrafts supplying alcoholic beverages as stocks to their ships or aircrafts carrying passengers on international routes, to undertakings using alcohol products as the raw material of food products, economic entities of other European Economic Area states and Turkey and to foreign state diplomatic missions, consular posts and representations of international organisations accredited with the Foreign Affairs Ministry of the Republic of Lithuania. The undertakings which hold licences to engage in wholesale trade in alcoholic beverages shall also be permitted to acquire in the Republic of Lithuania for representational needs from the undertakings, European legal persons and their branches which hold licences to engage in retail trade in alcoholic beverages the alcoholic beverages of the types trade in which is not permitted under the licence which they hold. 7. The undertakings, European legal persons and their branches which hold licences to engage in retail trade in alcoholic beverages shall be permitted to acquire them in the Republic of Lithuania only from the undertakings which hold licences to produce alcoholic beverages or licences to engage in wholesale trade therein and shall be permitted to sell them to natural persons and also, in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it, to undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania which are purchasing alcoholic beverages for representational needs, to undertakings using alcoholic beverages as the raw material of food products, and to foreign state diplomatic missions, consular posts and representations of international organisations accredited with the Foreign Affairs Ministry of the Republic of Lithuania. The undertakings, European legal persons and their branches which hold licences to engage in retail trade in alcoholic beverages shall also be permitted to acquire in the Republic of Lithuania for representational needs from the undertakings which hold licences in engage in retail trade in alcoholic beverages the alcoholic beverages of the types trade in which is not permitted under the licence which they hold. 8. The undertakings which hold licences to produce alcoholic beverages shall be permitted to sell them to: 1) the undertakings which hold licences to engage in wholesale or retail trade in alcoholic beverages; 2) the undertakings which use these beverages as raw materials of food products; 3) undertakings, European legal persons and their branches and representations of foreign legal persons in the Republic of Lithuania which purchase alcoholic beverages for representational needs in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it and foreign diplomatic missions, consular posts and representations of international organisations accredited with the Ministry of Foreign Affairs of the Republic of Lithuania; 4) economic entities of other European Economic Area states and Turkey; 5) managers of ships and owners (or users) of aircrafts supplying alcoholic beverages as stocks to their ships or aircrafts carrying passengers on international routes. 9. The undertakings which hold licences to produce ethyl alcohol or engage in wholesale trade therein shall be permitted to sell it to: 1) the undertakings, European legal persons and their branches which use ethyl alcohol for production, technical, medical, veterinary needs and in scientific research operations, according to the procedure established by the Government of the Republic of Lithuania; 2) the undertakings which hold licences to engage in wholesale trade therein; 3) economic entities of other European Economic Area states and Turkey. 10. The undertakings which hold licences to produce raw materials or engage in wholesale trade therein shall be permitted to sell them to: 1) the undertakings which hold licences to produce alcohol products, licences to engage in wholesale trade in raw materials; 2) the undertakings using cider, grape, fruit and berry wine raw materials in the production of vinegar; 3) economic entities of other European Economic Area states and Turkey. 11. The undertakings which hold licences to produce alcoholic solutions or to engage in wholesale trade therein shall be permitted to also sell them (bottled in disposable containers of more than 20 millilitres) to: 1) the undertakings using alcoholic solutions for production needs; 2) the undertakings which hold licences to engage in wholesale trade in alcoholic solutions; 3) economic entities of other European Economic Area states and Turkey. 12. The undertakings which hold licences to produce alcohol products and licences to engage in wholesale trade therein shall also be permitted to export these products. 13. The undertakings, European legal persons and their branches which, in accordance with the established procedure, have acquired ethyl alcohol for production, technical, medical, veterinary needs and scientific research operations shall be prohibited from using it for other purposes. Article 18. Procedure of Retail Trade in Alcoholic Beverages 1. In the Republic of Lithuania, it shall be permitted to sell: 1) alcoholic beverages at permanent shops selling alcoholic beverages, permanent shops’ departments selling alcoholic beverages, permanent catering establishments, in general sections of permanent petrol stations, when carrying out only retail trade activities, and of permanent shops located in rural settlements, international trains, narrow-gauge railway trains and ships which have set up separate catering places, aircrafts carrying passengers on international routes, at exhibitions and fairs which are held in permanent buildings, in mini-bars installed in hotel rooms, as well as in special sales outlets; Version of paragraph 1 as of 1 January 2016: 1) alcoholic beverages at permanent shops selling alcoholic beverages, departments selling alcoholic beverages, permanent catering establishments, in general sections of permanent shops located in rural settlements, international trains, narrow-gauge railway trains and ships which have set up separate catering places, aircrafts carrying passengers on international routes, at exhibitions and fairs which are held in permanent buildings, in mini-bars installed in hotel rooms, as well as in special sales outlets; 2) naturally fermented cider, beer and beer blends with non-alcoholic beverages the ethyl alcohol by volume of which does not exceed 7.5 % and which are bottled by the plant in pavilions, automobile-shops (which serve the rural population according to the procedure established by a municipal council) and in general sections of permanent retail establishments; Version of subparagraph 2 as of 1 January 2016: 2) naturally fermented cider, beer and beer blends with non-alcoholic beverages, bottled by the plant, the ethyl alcohol strength of which by volume does not exceed 7.5 %) in pavilions, automobile-shops (which serve the rural population according to the procedure established by a municipal council); 3) alcoholic beverages the ethyl alcohol by volume of which does not exceed 22 %, in temporary catering establishments during a resort, recreational and tourist season period set by a municipal council; 4) naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 13 %, at exhibitions; 5) naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 6 %, at mass events and fairs. 2. Repealed on 1 August 2007. 3. In the Republic of Lithuania, the sale of alcoholic beverages shall be prohibited: 1) in places of confinement, the premises housing military and equated services, the police and other statutory, health care, education establishments and areas thereof, also in the vicinity of these establishments and houses of prayer (at a distance specified by the municipal council subject to co-ordination respectively with heads of these institutions and religious communities); 2) in the retail establishments in which the amount of goods intended for children and adolescents comprises 30 or more per cent of the turnover of the retail goods; 3) at mass events and fairs (except for the naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 6 %) and at the exhibitions (except for the naturally fermented alcoholic beverages the ethyl alcohol by volume of which does not exceed 13 %); 4) from vending machines; 5) to persons younger than 18 years of age; 6) at temporary retail establishments and catering establishments. This prohibition shall not apply to alcoholic beverages sold on international trains, narrow-gauge railway trains and ships which have separately set up catering places, the aircrafts carrying passengers on international routes, at the exhibitions and fairs held in permanent buildings, in mini-bars installed in hotel rooms as well as in the cases listed in subparagraphs 2-4 of paragraph 1 of this Article; 7) at the retail establishments, catering establishments set up in the warehouses of wholesale establishments and importers in which wholesale trade in alcoholic beverages is carried on; 8) at retail establishments which are not totally isolated from the living or other quarters not connected with the organisation of sale or stocking of goods; 9) during sport competitions. This prohibition shall not apply to alcoholic beverages the ethyl alcohol by volume of which does not exceed 6 %; 10) on 1 September each year, except for catering establishments. This prohibition shall not apply to the alcoholic beverages sold in catering places, on international trains, ships, aircrafts carrying passengers on international routes, in mini-bars installed in hotel rooms as well as in the tax-free shops and special sales outlets; 11) to sell alcoholic beverages from 22:00 to 8:00 in retail establishments (with the exception of the cases limited by municipal councils). This prohibition shall not apply to the alcoholic beverages sold on international trains, ships, aircrafts carrying passengers on international routes, in the tax-free shops and special sales outlets; 12) during concerts, theatre performances, circus shows and other events intended for children; 13) from 22:00 to 8:00 in catering establishments holding licences to engage in retail trade in alcoholic beverages. This prohibition shall not apply in catering establishments, holding licences to engage in retail trade in alcoholic beverages, when selling alcoholic beverages on tap or alcoholic beverages which are sold in an open packaging to be consumed at the point of sale. 4. It shall be prohibited to sell in the Republic of Lithuania: 1) alcoholic beverages on tap. This prohibition shall not apply to the alcoholic beverages sold at permanent catering establishments, at the exhibitions and fairs taking place in permanent buildings, international trains, narrow-gauge railway trains and ships which have separately set up catering places, the aircrafts carrying passengers on international routes, the alcoholic beverages (ethyl alcohol by volume of which does not exceed 22 %) sold at temporary catering establishments during a resort, recreational and tourist season period established by a municipal council, also beer, beer blends with non-alcoholic beverages and naturally-fermented cider sold in company shops of production undertakings, beer, beer blends with non-alcoholic beverages and naturally-fermented cider (ethyl alcohol by volume of which does not exceed 6 %) on tap sold at mass events, exhibitions and fairs; 2) alcoholic beverages to intoxicated persons; 3) alcoholic beverages to persons under 18 years of age; 4) alcoholic beverages belonging to the groups of beer, fermented beverages, alcoholic cocktails bottled in packaging of more than 1 litre, except the cases where such beverages are bottled in glass, ceramic, wooden or metal packaging, in retail sales outlets; 5) alcoholic beverages belonging to the groups of beer, fermented beverages, alcoholic cocktails the ethyl alcohol by volume of which exceeds 7.5 %, bottled in packaging of more than 0.5 litre, except the cases where such beverages are bottled in glass, ceramic, wooden or metal packaging). 5. The salespersons of alcoholic beverages shall have the right, and when doubts shall arise that a person is younger than indicated in subparagraph 3 of paragraph 4 of this Article must, require from the person purchasing alcoholic beverages to show a document indicating his age. Should such a person fail to show a document indicating his age, the salespersons of alcoholic beverages must refuse to sell him alcoholic beverages. 6. Purchasers of alcoholic beverages shall have the right to obtain comprehensive, correct, accurate and straightforward information concerning the goods being purchased. 7. The Government of the Republic of Lithuania shall approve rules for the retail trade in alcoholic beverages in accordance with this Law and the Civil Code. 8. Municipal councils shall have the right to restrict or prohibit trade in alcoholic beverages on holidays and mass event days. 9. Taking into consideration the location of trade in alcoholic beverages and the opinion of residents, societies, communities or representatives thereof, public organisations or other institutions as stated in writing, proposals of police commissioner’s offices, municipal councils shall have the right to restrict the time during which it is allowed to sell alcoholic beverages, not to issue a licence to engage in retail trade in alcoholic beverages. CHAPTER IV REFUSAL TO ISSUE A LICENCE AND AN AUTHORISATION Article 181. Refusal to Issue a Licence Licences to produce alcohol products, to engage in wholesale trade in them or to engage in retail trade in alcoholic beverages shall not be issued in the following cases: 1) the undertaking, European legal person or its branch which applies for a licence (hereinafter referred to as “an applicant”), submits not all necessary documents and fails to meet the requirements of the licensing authority to submit the missing documents; 2) the applicant submits documents which are insufficiently or incorrectly filled in and fails to meet the requirements of the licensing authority to address these shortcomings; 3) the applicant submits the documents which do not comply with the set requirements and fails to meet the requirement of the licensing authority to address these shortcomings; 4) the applicant has tax arrears to the state budget of the Republic of Lithuania, municipal budget or foundations the taxes paid to which are administered by the State Tax Inspectorate under the Ministry of Finance of the Republic of Lithuania (hereinafter referred to as “the State Tax Inspectorate”) (with the exception of the cases where the payment of taxes, interest charged for late payment, fines has been postponed in accordance with the procedure laid down by the legal acts of the Republic of Lithuania or a tax dispute is in progress concerning these taxes, interest charged for late payment, fines) and the applicant is indebted to the budget of the State Social Insurance Fund. This provision shall not apply to the applicants holding licences to engage in the retail trade in alcoholic beverages and wishing to obtain a onetime licence to sell these beverages in public events, exhibitions and fairs; 5) the licence has been revoked for the applicant on the grounds of the requirements laid down in paragraphs 17 and/or subparagraph 4 of paragraph 19 of Article 34 of this Law (licences shall not be issued at all); 6) the heads of the applicants were the heads of the undertakings or European legal persons or their branches for whom the licences were revoked in the cases specified in paragraphs 17 and/or subparagraph 4 of paragraph 19 of Article 34 of this Law, or other employees referred to in paragraph 17 of Article 34 of this Law (licences shall not be issued at all); 7) a judgment of conviction has become effective or a judgment or a decision of the court, a decision of the customs, the State Tax Inspectorate, the police, the State Food and Veterinary Service or the Drug, Tobacco and Alcohol Control Department concerning the imposition of a fine or penalty has become effective in respect of the applicants or their heads or other employees (if they have acted on behalf of the applicant or in its interests) for contraband of alcohol products, unlawful stocking, transportation or sale of alcoholic beverages without tax stamps and also for sale, transportation or stocking of counterfeit alcohol products (licences shall not be issued at all); 8) the heads of the applicants were the heads of the undertakings, European legal persons or their branches in which the fact of production, trade and/or stocking, transportation of alcoholic beverages without possessing the licence issued in accordance with the procedure laid down by the Government of the Republic of Lithuania was established (licences shall not be issued for five years from the date of the establishment of the said violation); 9) if the undertaking, European legal person or its branch has not been issued a certificate approved by the food handling business (this provision shall not apply to the undertakings wishing to obtain a licence to produce denatured ethyl alcohol and/or non-alimentary alcoholic solutions with fragrant material additives or to engage in wholesale trade in them). Article 182. Other Cases of Refusal to Issue a Licence 1. Besides the cases provided for in Article 181 of this Law, licences to produce alcohol products shall not be issued also in the following cases: 1) the licence to produce  alcohol products has been revoked for the undertaking in the cases specified in subparagraphs 1 and/or 5 of paragraph 19 of Article 34 of this Law (licences shall not be issued for one year from the date of the revocation of the previously possessed licence); 2) the licence to produce alcohol products has been revoked for the undertaking in the case specified in paragraph 16 and/or subparagraph 3 of paragraph 19 of Article 34 of this Law (licences shall not be issued for five years from the date of the revocation of the previously possessed licence); 3) the heads of the undertakings wishing to acquire licences were the heads of the undertakings for which the licences to produce alcohol products were revoked in the cases specified in paragraph 16 of Article 34 of this Law (licences shall not be issued for five years from the date of the revocation of the previously possessed licence); 2. Besides the cases provided for in Article 181 of this Law, licences to engage in wholesale trade in alcohol products shall not be issued in the following cases: 1) the licence to engage in wholesale trade in alcohol products has been revoked for the undertaking in the cases specified in subparagraphs 1, 2 and/or 5 of paragraph 19 of Article 34 of this Law (licences shall not be issued for one year from the date of the revocation of the previously possessed licence); 2) the licence to engage in wholesale trade in alcohol products has been revoked for the undertaking in the cases specified in paragraph 16 and/or subparagraph 3 of paragraph 19 of Article 34 of this Law (licences shall not be issued for five years from the date of the revocation of the previously possessed licence); 3) the heads of the undertakings wishing to acquire licences were the heads of the undertakings for which the licences to engage in wholesale trade in alcohol products were revoked in the cases specified in paragraph 16 of Article 34 of this Law (licences shall not be issued for five years from the date of the revocation of the previously possessed licence); 4) the undertaking fails to fulfil obligations to the customs; 5) the warehouses of the undertakings wishing to acquire licences, from where wholesale trade in alcohol products will be carried out and/or in which such products shall be stored, do not meet the requirements defined in legal acts. 3. Besides the cases provided for in Article 181 of this Law, licences to engage in retail trade in alcoholic beverages shall not be issued in the following cases: 1) the licence to engage in retail trade in alcoholic beverages has been revoked for the applicant in the cases specified in subparagraphs 1, 2 and/or 5 of paragraph 19 of Article 34 of this Law (licences shall not be issued for one year from the date of the revocation of the previously possessed licence); 2) the licence to engage in retail trade in alcoholic beverages has been revoked for the applicant in the cases specified in paragraph 16, 18 and/or subparagraph 3 of paragraph 19 of Article 34 of this Law (the licence to engage in retail trade in alcoholic beverages in that sales outlet in which the violation has been established shall not be issued for the undertaking, European legal person and its branch which committed the violation for one year from the date of the revocation of the previously possessed licence); 3) when trading in alcoholic beverages at mass events, exhibitions and fairs the undertaking, European legal person or its branch has violated the requirement laid down in subparagraph 3 of paragraph 4 of Article 18 of this Law. In this case a one-time licence to engage in retail trade in alcoholic beverages at mass events, exhibitions and fairs shall not be issued for one year from the date of the establishment of the violation in that municipality in which the said violation has been established; 4) the undertaking fails to fulfil the obligations to the customs (this shall apply to the undertakings wishing to acquire licences to engage in retail trade in alcoholic beverages in tax-free shops); 5) where the municipal council, taking into consideration the location of trade in alcoholic beverages, the opinion of residents, societies, communities or representatives thereof, public organisations or other institutions as stated in writing, proposals of police commissioner’s offices, adopts a reasoned decision not to issue a licence. Article 183. Refusal to Issue an Authorisation Authorisations to purchase non-denatured ethyl alcohol and authorisations to purchase and/or use denatured ethyl alcohol shall not be issued in the following cases: 1) the undertaking, European legal person or its branch submits not all necessary documents, documents which are insufficiently or incorrectly filled in and fails to meet the requirements of the body issuing authorisations to submit the lacking documents or to address these shortcomings; 2) the undertaking, European legal person or its branch furnish false data and fails to meet the requirement of the body issuing authorisations to furnish correct data; 3) a judgment of conviction has become effective or a judgment or a decision of the court, a decision of the customs, the State Tax Inspectorate, the police, the State Food and Veterinary Service or the Drug, Tobacco and Alcohol Control Department concerning the imposition of a fine or penalty has become effective in respect of the undertaking, European legal person or its branch or their heads (if they acted on behalf or in the interest of the undertaking, European legal person or its branch) for contraband of alcohol products, unlawful stocking, transportation or sale of alcoholic beverages without tax stamps and also for sale, transportation or stocking of counterfeit alcohol products (licences shall not be issued at all); 4) the ethyl alcohol specified in the application of the undertaking, European legal person or its branch does not meet the fields of use of formulas of denaturation of ethyl alcohol as set out in legal acts; 5) the licence has been revoked for the undertaking, European legal person or its branch in the cases specified in paragraph 20 of Article 34 of this Law (licences shall not be issued for one year from the date of the revocation thereof); CHAPTER IV REDUCTION AND CONTROL OF ALCOHOLIC BEVERAGE CONSUMPTION SECTION ONE ORGANISATIONAL MEASURES TO REDUCE GENERAL CONSUMPTION OF ALCOHOL Article 19. Planning of Reduction in General Consumption of Alcohol Long-term indicators of reduction in the general consumption of alcohol must be established in a programme of the Government of the Republic of Lithuania. Article 20. Statistics of the Harm Caused to Health and Economy through the Consumption of Alcohol products 1. Monitoring of the consumption of alcohol and the harm caused by it to health and the economy shall be conducted in the Republic of Lithuania according to the procedure established by the Government of Lithuania and co-ordinated with the National Health Council. 2. The Republic of Lithuania Law on Statistics shall establish the legal grounds of organisation of selective statistical research on alcohol consumption and the harm caused by it to health and the economy. Article 21. Peculiarities of Determination of Minimum Standard of Living It shall be prohibited to include alcoholic beverages in the minimum assortment of food products and non-food products and services in order to estimate the minimum standard of living. Article 22. Restriction of Alcoholic Beverage Consumption 1. In the Republic of Lithuania, consumption of alcoholic beverages shall be prohibited in: 1) places of confinement, the premises housing military and equated services, the police and other statutory, health care, education establishments and areas thereof; 2) state and municipal institutions and agencies. This provision shall not apply to official receptions, other functions involving protocol, ceremonies of registration of marriages carried out on the premises of the said institutions and agencies, as well as to the catering establishments set up in these institutions and agencies, where the undertakings have licences to engage in retail trade in alcoholic beverages; 3) all types of public transport, except for international trains, narrow-gauge railway trains and the ships which contain separate catering establishments, and also the aircrafts flying beyond the borders of the Republic of Lithuania; 4) in public places, except for the catering establishments holding licences to engage in retail trade in alcoholic beverages, and at exhibitions, fairs and mass events where undertakings, European legal …