Import Licensing Notification Portal

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.

The licensing of imports of dangerous chemical substances and preparations is regulated by the Government Resolution No. 718 “On the Restriction of Import of Certain Things (Goods) to the Republic of Lithuania, their Export and Transit” of 19 May 1995 and the Order of the Minister of Environment No. 351 “On the Procedure for Issuing Permits to Import into and Export from the Republic of Lithuania of Dangerous Chemical Substances” of 28 August 2000, and is administered by the Ministry of Environment.

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

The List of Chemical Substances Subject to Import Licensing approved by the Order of the Minister of Environment No. 351 “On the Procedure for Issuing Permits to Import into and Export from the Republic of Lithuania of Dangerous Chemical Substances” of 28 August 2000 covers:
· Chemical substances which are classified in the second – ninth (excluding the seventh) categories of danger, as well as fuel and other products classified in Chapter 27 of HS (except those referred to in paragraph 5 of the Order of the Ministry of Environment No. 351of 28 August 2000).
· Not used (hereinafter referred to as virgin) and used (recovered or reclaimed) substances controlled under the Montreal Protocol (appended).
Imports of these products are subject to non-automatic licensing.

Q3. The system applies to goods originating in and coming from which countries?

The system applies to the goods 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?

The purpose of the licensing is to control dangerous chemical substances imported into Lithuania, as well their quantities, in order to restrict use thereof in Lithuania in accordance with the national legislation and international treaties, as well as to control dangerous chemical substances exported from the country and the fulfilment of international obligations. With respect to Montreal Protocol (ozone depleting substances (ODS), quantitative import restrictions are established.

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?

The licensing of import of dangerous chemical substances and preparations is based on the Government Resolution No. 718 “On the Restriction of Import of Certain Things (Goods) to the Republic of Lithuania, their Export and Transit” of 19 May 1995, published in Official Gazette “Valstybes zinios” No. 44-1085, 1995, and the Order of the Minister of Environment No. 351 “On the Procedure for Issuing Permits to Import into and Export from the Republic of Lithuania of Dangerous Chemical Substances” of 28 August 2000, published in Official Gazette “Valstybes zinios” No. 77-2350, 2000.

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):

The annual quantity of virgin substances controlled under the Montreal Protocol, which are imported into Lithuania for use, is limited in accordance with the Montreal Protocol and the decisions adopted at the meetings of the Parties to the Montreal Protocol.

No quantity or value restrictions for chemical substances which are classified in the second – ninth (excluding the seventh) categories of danger, as well as fuel and other products classified in Chapter 27 of HS.

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?

Information related to quotas and formalities of filling applications form, exceptions and derogations are published in the Official Gazette “Valstybes zinios”. The annual quantity of virgin substances controlled under the Montreal Protocol, which are imported into Lithuania for use, is limited in accordance with the Montreal Protocol and the decisions adopted at the meetings of the Parties to the Montreal Protocol. The annual consumption limits set for virgin substances controlled under the Montreal Protocol, either alone or in a mixture, must not exceed the values set out the Order of the Minister of Environment No. 351 “On the Procedure for Issuing Permits to Import into and Export from the Republic of Lithuania of Dangerous Chemical Substances” of 28 August 2000.

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?

Quotas are determined on an annual 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.)

Licences are issued for certain chemical substances and preparations. Unused allocations are not added to quotas for the next year. As far as the licence is issued for single shipment, a list of importers to whom licences have been issued is not published.

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?

The annual import quotas for the year 2000 till 2003 were established in accordance with the requirements of the Montreal Protocol, taking into account the annual consumption limits of these substances set out for Lithuania at the meetings of the Parties to the Montreal Protocol, on the basis of the information about the amounts of the controlled substances imported during the recent three years. In order to get quotas an importer is obliged to apply to the Ministry of Environment and before 1 October of the current year, submitting the relevant documents.

Q6.V. What are the minimum and maximum lengths of time for processing applications?

Applications for licences are processed within 10 days.

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

Import licence are granted at least 30 days prior to 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?

One administrative body, namely the Ministry of the Environment, administers licensing procedures.

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?

If importer complies with all requirements (application, reporting, etc.) the licences are issued. A portion of the quota is allocated to all importers. Applications are examined on receipt. If necessary documents are not submitted as required, the licence may be not issued.

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?

To import into and export from Lithuania virgin substances controlled under the Montreal Protocol, a permit issued by the Ministry of Environment is required. A permit to export substances controlled under Montreal Protocol shall be issued, or a decision not to grant a permit is taken within ten working days.

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?

In cases where imports are allowed on the basis of export permits only, importer is required to submit the export permit along with application for a licence.

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

No 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, knowing that the document will be issued within a maximum of 5 days of receipt of the application.

Q7.b. Can a licence be granted immediately on request?

Under certain circumstances, a licence can be granted immediately on request, especially for substances not required strict regulation.

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?

An importer has to approach only one administrative organ in connection with an application for licence, namely the respective Regional Environment Protection Departments of the Ministry of Environment.

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?

Permits to import chemical substances, which are classified in the second – ninth (excluding the seventh) categories of danger, as well as fuel and other products classified in Chapter 27 of HS and virgin substances controlled under the Montreal Protocol shall not be issued in the case of failure to meet the criteria laid down in the Order of the Minister of Environment No. 351 “On the Procedure for Issuing Permits to Import into and Export from the Republic of Lithuania Dangerous Chemical Substances” of 28 August 2000.

Are the reasons for any refusal given to applicants?

After the reasons which prevent from obtaining a permit are eliminated, a repeat application to grant a permit may be submitted. There are exceptions for the cases if requesting to grant a permit to import a dangerous chemical substance the use whereof is banned by legal acts of Lithuania or international treaties and if the conditions of the import into or export from Lithuania do not comply with the requirements of the Montreal Protocol and the decisions adopted at the meetings of the Parties to the Montreal Protocol.

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 persons, firms and institutions are eligible to apply for import licences.

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?

There is no established standard application form.

What documents is the importer required to supply with the application?

The data to be indicated in an application and additional documents to be submitted applying for an import licence are provided in the Order of the Minister of Environment No. 351 “On the Procedure for Issuing Permits to Import into and Export from the Republic of Lithuania Dangerous Chemical Substances” of 28 August 2000.

Q11. What documents are required upon actual importation?

Upon actual importation, an importer is required to submit the approved import licence along with the 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?

The 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 state fee amounts to 44 LTU (12.74 EUR).

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 deposit or advance payment requirement associated with the issuance of licences.

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

The period of validity of a licence is established by the Ministry of Environment, within the calendar year on case-by-case basis. The validity can be extended if 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-utilization of a licence or a portion of it.

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?

There are no conditions attached to the issuance of a licence other than those stipulated in the Order.

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, apart from import licensing required prior to importation of certain chemical substances and preparations.

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 the products to be imported.

Dangerous chemical substances and preparations

Outline of Systems

Purposes and Coverage of Licensing