Foodstuffs
- 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.
For the products which are listed below the automatic import licensing system are applied and is administered by the Ministry of Agriculture. Automatic licensing for foodstuffs is regulated by the Government Resolution No. 268 “On the Procedure of Export and Import Regulation in the Republic of Lithuania” of 24 March 1997, the Order of the Minister of Agriculture No. 240 “On the Automatic Licensing Procedure for the Import and Export of Agriculture and Food Products” of 9 November 1998, and the Government Resolution No. 264 “On the Sugar Regime” of 7 March 2001.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The imports of foodstuffs are subject to automatic licensing. The following products are covered:
- Since 1 February 1999 for imported meat of bovine animals (HS 02.01-02.02), meat of swine (HS 02.03), meat and edible meat offal (HS 02.06,02.10), meat and edible offal of the poultry (HS 02.07), fish (HS 03.02-03.03), cereals (HS 1001.90-1004.00.00.0), buckwheat (HS 1008.10.00.0), products of the milling industry, malt, starches, inulin, wheat gluten (HS 1001.00-11.06, 11.08, 1109.00.00.0), rape, colza or mustard oil (HS 15.14), margarine (HS 15.17), preserved meat (HS 16.02), preserved fish (HS 16.04), products, which are not subject to Sugar regime set up by Government (HS 1702.11.00.0, 1702.19.00.0, 1702.30.51.0-1702.30.99.0, 1702.40.90.0, 1702.50.00.0, 1702.90.10.0, 1702.90.50.0, 1702.90.70.0,1702.90.79.0).
- Since 1 May 2001 for imported fresh cut flowers (HS 0603.10), potatoes (HS 0701.90), tomatoes (HS 07.00.00.2-0702.00.00.6), onions (HS 0703.10.19.0), other cabbages (0704.90.10.0), carrots, turnips (HS 0706.10.00.0), cucumbers (0707.00.05.2-0707.00.05.5), mushrooms (HS 0709.51.10.0), apples (HS 0808.10.10.0, 0808.10.20.1, 0808.10.20.4-0808.10.50.1, 0808.10.50.4- 0808.10.90.1, 0808.10.90.4).
- Since 1 July 2001 for imported products, which are subject to Sugar regime set up by Government Resolution No. 264 of 7 March 2002 (HS 1212.91, 1212.92.00.0, 1701, 1702.20, 1702.60.95, 1702.90.99, 1702.90.60, 1702.90.71, 1702.30.10.0, 1702.40.10, 1702.60.10, 1702.90.30, 1702.60.80, 1703, 2106.90.30, 2106.90.59, 2303.20).
Q3. The system applies to goods originating in and coming from which countries?
The system applies to foodstuffs 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 licensing is needed only for statistical purposes.
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?
The automatic import licensing of foodstuffs is maintained under the Order of the Minister of Agriculture No. 240 “On the Automatic Licensing Procedure for the Import and Export of Agriculture and Food Products” of 9 November 1998, published in Official Gazette “Valstybes zinios” No. 98-2730, 1998. This Order is based on the Government Resolution No. 268 “On the Procedure of Export and Import Regulation in the Republic of Lithuania” of 24 March 1997 and published in Official Gazette “Valstybes zinios” No. 27-645, 1997. In the year 2001 the system of the automatic licensing was supplemented by the Government Resolution No. 264 “On the Sugar Regime” of 7 March 2001, published in Official Gazette “Valstybes zinios” No. 21-702, 2001.
Is it possible for the government to abolish the system without legislative approval?
As the system is under Government regulation the Government is authorized to abolish the system without legislation amendments. Notice of such action is published in the Official Gazette.
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, knowing that the document will be issued within a maximum of 10 working days of receipt of the application.
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?
An importer has to approach only one administrative body in connection with an application, namely Ministry of Agriculture.
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 no circumstances other than failure to meet the ordinary criteria may an application for a licence be refused.
Are the reasons for any refusal given to applicants?
The reasons for any refusal are given to the applicant in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
In the event of refusal to issue a licence, the applicant has a right of appeal pursuant to the procedure provided by 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 persons, firms and institutions are eligible to apply for import licences.
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 application for the licensing should contain the name, address, telephone number and fax number of the applicant, the number of commercial register or non-profit associations and foundations register or identity code, the list, HS codes, quantity and price of imported foodstuff, way to purchase and country from which it is imported.
What documents is the importer required to supply with the application?
For the issuance of the licence an importer is required to submit the application form and following documents:
• A copy of commercial register card in the case of an operating company;
• A copy of foodstuff importers register card;
• A copy of the articles of association and register card in the case of non-profit association or foundation;
• A certificate from the local customs office submitting the conclusions about the fulfillment of the obligations;
• A copy of contract signed by the foreign partner.
Licences are not issued if:
• not all documents are provided;
• previous expired one-off licence are not returned;
• economic entities have debts to customs.
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?
There is no licensing fee or administrative charge.
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.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
A licence for all foodstuffs is valid for three months, except fish, for which a licence is valid for six months.
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 other conditions attached to the issuance of a licence.
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, apart from automatic import licensing required prior to importation of foodstuffs.
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.