Alcohol
- Document symbol
- G/LIC/N/3/LTU/1
- Original language
- English
- Published on
- 03/04/2003
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Import licensing of alcohol products is regulated by the Law on Alcohol Control of 18 April 1995 and the Government Resolution No. 559 “On Licensing of Import, Wholesale and Retail Trade of Alcohol Products” of 5 June 1997, and is administered by the State Tobacco and Alcohol Control Service under the Government of the Republic of Lithuania.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Import licensing of alcohol products is subject to non-automatic licensing. The licensing system covers:
• alcoholic beverages (HS Codes – 2203, 22.04, 22.05, 22.06, 22.08 (except 2208.90.69.3));
• other alcohol products (HS Codes – 2207.10.00.0, 2207.20.00.0, 2208.90.91.0, 2208.90.99.0, 2103.90.30.0, 2106.90.20, 3302.10.10, 3302.10.40.2, 3302.10.40.3, 3302.10.90.2, 3302.10.90.3, 3302.90.10.0).
Q3. The system applies to goods originating in and coming from which countries?
The licensing system applies to all alcohol products originating in and coming from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
Licensing aims to enforce of state control on importation and consumption of alcohol products.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Is the licensing statutorily required?
Licensing of importation of alcohol products is based on the Law on Alcohol Control of 18 April 1995 and published in Official Gazette “Valstybes zinios” No. 44-1073, 1995 and is administered by the Government Resolution No. 559 “On Licensing of Import, Wholesale and Retail Trade of Alcohol Products” of 5 June 1997, published in Official Gazette “Valstybes zinios” No. 53-1236.
Is it possible for the government to abolish the system without legislative approval?
Licensing may be eliminated only under adoption of relevant legislation.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
It is up to the applicant to decide when to apply for a licence, as the applicant is aware of the fact that the licence shall be issued within a maximum of 30 days from the day of receipt of the documents required to submit for issuance of the licence.
Q7.b. Can a licence be granted immediately on request?
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There are no limitations as to the period of the year during which application for licence and/or importation may be made.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The importer has to approach only one administrative body regarding consideration of the application, namely State Tobacco and Alcohol Control Service.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Under circumstances of failure to meet the licensing criteria the application for the licence may be refused.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event of refusal to issue the licence, the applicant has the right of appeal pursuant to the procedure provided for by the law.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All types of enterprises registered in Lithuania are eligible for issuance of the licence for importation of alcohol products. Licences for importation of non-denatured ethyl alcohol and raw materials containing ethyl alcohol shall be issued only to those enterprises that possess licences for manufacture of alcohol products, i.e. to use these products exclusively for their own production purposes.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
What information is required in applications?
An enterprise wishing to obtain a licence for import of alcohol products, shall submit a free form application specifying the following:
• the code, name, address, telephone number;
• names, surnames, addresses of the enterprise founders, heads of the administration and shareholders the nominal value of whose holdings exceeds 1/10 of the authorised capital;
• kinds and groups of alcohol products intended for importation and where their importation is intended from;
• addresses of warehouses from which wholesales of alcohol products will be performed.
What documents is the importer required to supply with the application?
Along with the application for a licence for importation of alcohol products, the following documents shall be submitted:
• copies of the enterprise incorporation document and the registration certificate certified by the signature of its head;
• a certificate issued by foreign economic entities to certify quality of alcohol products.
Besides:
1) enterprises wishing to import alcohol products (except for alcoholic beverages) shall submit the following documents:
• copies of purchase contracts for alcohol products concluded with foreign economic entities;
• the certificate issued by the Ministry of Health and the National Nutrition Centre attesting that alimentary alcohol solutions with flavoring substances are registered with the aforementioned Centre.
2) enterprises wishing to import alcoholic beverages shall submit the following documents:
• authorisations of representation (for the sale of products) granted by foreign enterprises manufacturing alcoholic beverages and on their assignment engaged in sales of alcoholic beverages;
• the certificate issued by the foreign registrar certifying the registration in the country of the manufacturing enterprise (or on its assignment engaged in sales of alcohol products enterprise) from which alcoholic beverages will be received;
• samples or catalogues of labels of alcoholic beverages to be imported;
• the certificate issued by the body regulating trade in a foreign state that the retail trade in alcoholic beverages (with the exception of beer) to be imported into the territory of Lithuania is allowed in that foreign state;
• copies of contracts for the lease of the warehouses from which wholesale trade in the imported alcoholic beverages will be carried on (in case the premises are leased) or copies of legal registration documents of the warehouses (if the premises are owned);
• the copy of the permit to establish the customs bonded-warehouse issued by the Customs Department (shall be presented by an enterprise wishing to obtain a licence for importation of alcoholic beverages (with the exception of beer)).
Q11. What documents are required upon actual importation?
Upon actual importation an importer is required to submit the approved import licence, quality certificate (certificate, conformity declaration) issued by the manufacturing enterprise, invoice and general document while conducting customs procedures.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Is there any licensing fee or administrative charge?
A state fee shall be collected for licence issuance in accordance with the Government Resolution No. 1458 “On Approval of the List of Entities Subject to Imposition of the State Fee, the Fee Rate and the Procedure for its Payment and Repayment” (Official Gazette “Valstybes zinios” No. 108-3463, 2000).
What is the amount of the fee or charge?
The fees are as follows:
• 80 000 LTL (23 188 EUR) for issuance of an import licence for alcoholic beverages;
• 20 000 LTL (5 797 EUR) for issuance of the import licence for alcoholic beverages the whose ethyl alcohol concentration volume does not exceed 22 percent;
• 2 500 LTL (725 EUR) for issuance of the import licence for beer;
• 700 LTL (203 EUR) for issuance of the import licence for non-denatured ethyl alcohol, import licence for denatured ethyl alcohol and technical (industrial) ethyl alcohol;
• 1000 LTL (290 EUR) for issuance of the import licence for raw materials containing ethyl alcohol;
• 500 LTL (145 EUR) for issuance of the import licence for alimentary (non-alimentary) alcohol solutions with flavouring substances.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There is no advance payment requirement associated with issuance of a licence.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Import licences for alcohol products shall be issued for an unrestricted time period. The validity can be extended if the applicant so request.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilisation of a licence or its portion.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
No other conditions for issuance of a licence shall be applicable.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures applied for importation of alcohol products, apart from import licence required to be presented prior to importation.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
Foreign exchange is automatically provided by the banking authorities for products to be imported.