Goods of vegetable origin
- 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.
The licensing in imports of goods of vegetable origin 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 and the Government Resolution No. 599 “On Approval of Vegetable Quarantine Regulations for Import and Export of Goods of Vegetable Origin to and from the Republic Lithuania and their Transit through the Territory of the Republic of Lithuania” of 3 August 1993, and is administered by the State Plant Protection Service under the Ministry of Agriculture.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
07.01 potatoes, fresh or chilled
07.02 tomatoes, fresh or chilled4
07.03 onions, garlic, shallots, leeks and other alliaceous vegetables, fresh or chilled4
07.04 cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled
07.05 lettuce and chicory fresh or chilled
07.06 carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled4
07.07 cucumbers and gherkins, fresh or chilled4
07.08 leguminous vegetables, including unshelled, fresh or chilled4
07.09 other vegetables, fresh or chilled4
07.11 vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption
07.12 dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared
07.13 dried leguminous vegetables, unshelled, whether or not skinned or split4
07.14 manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh or dried, whether or not sliced or in the form of pellets, sago pith4
08.01 coconuts, Brazil nuts and cashew nuts, fresh or dried, whether or not shelled or peeled4
08.02 other nuts, fresh or dried, whether or not shelled or peeled4
08.03 bananas, including plantains, fresh or dried4
08.04 dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried4
08.05 citrus fruit, fresh or dried4
08.06 grapes, fresh or dried4
08.07 melons (including watermelons) and papaws (papayas), fresh4
08.08 apples, pears and quinces, fresh4
08.09 apricots, cherries, peaches (including nectarines), plums and sloes, fresh4
08.10 other fruit (berries), fresh4
08.13 fruit, dried, other than that of headings Nos. 08.01-08.06; mixtures of nuts or dried fruits of this Chapter
09.01 coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion
09.02 tea, whether or not flavoured
09.03 mate
09.09 seeds of anise, badian, fennel, coriander, cumin, caraway or juniper
09.10 ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices
10.01 wheat and meslin5
10.02 rye5
10.03 barley5
10.04 oats5
10.05 maize (corn) 5
10.06 rice5
10.07 grain sorghum5
10.08 buckwheat, millet and canary seed; other cereals5
11.01 wheat or meslin flour
11.02 cereal flours other than of wheat or meslin
11.03 cereal groats, meal and pellets
11.04 cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbled), except rice of heading No. 10.06; germ of cereals, whole, rolled, flaked or ground
11.06 flour and meal of the dried leguminous vegetables of heading No. 07.13, of sago or of roots of tubers of heading No. 07.14; flour, meal and powder of the products of Chapter 8
11.07 malt, whether or not roasted
12.01 soya beans, whether or not broken5
12.02 ground-nuts, not roasted or otherwise cooked, whether or not shelled or broken5
12.03 copra
12.04 linseed, whether or not broken5
12.05 rape seeds, whether or not broken5
12.06 sunflower seeds, whether or not broken5
12.07 other oil seeds and oleaginous fruits, whether or not broken5
12.08 flours and meals of oil seeds or oleaginous fruits, other than those of mustard
12.09 seeds, fruit and spores, of a kind used for sowing5
12.10 hop cones, fresh or dried, whether or not ground, powdered or in the form of pellets; lupulin
12.11 plants and parts of plants (including seeds and fruits), of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purpose, fresh or dried, whether or not cut, crushed or powdered
12.12 locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety ) of a kind used primarily for human consumption, not elsewhere specified or included5
12.13 cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets
12.14 swedes, mangolds, fodder roots, fodder swedes, hay, lucerne (alfalfa), clover, sainfoin, forage kale, lupines, vetches and similar forage products, whether or not in the form of pellets5
14.01 vegetable materials of a kind used primarily for plaiting (for example, bamboos, rattans, reeds, rushes, osier, raffia, cleaned, bleached or dyed cereal straw, and lime bark)
14.02 vegetable materials of a kind used primarily as stuffing or as padding (for example, kapok, vegetable hair and eelgrass), whether or not put up as a layer with or without supporting material
14.03 vegetable materials of a kind used primarily in brooms or in brushes (for example, broomcorn, piassava, couchgrass and istle), whether or not in hanks or bundles
18.01 cocoa beans, whole or broken, raw or roasted
18.02 cocoa shells, husks, skins and other cocoa waste
20.03 mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid
23.02 bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals or of leguminous plants
24.01 unmanufactured tobacco; tobacco refuse
27.03 peat (including peat litter), whether or not agglomerated
44.01 fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms
44.03 wood in the rough, whether or not stripped of bark or sapwood, or roughly squared6
44.04 hoopwood; split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise; wooden sticks, roughly trimmed but not turned, bent or otherwise worked, suitable for the manufacture of walking-sticks, umbrellas, tool handles or the like; chipwood and the like
44.06 railway or tramway sleepers (cross-ties) of wood
44.07 wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or finger-jointed, of a thickness exceeding 6 mm
44.09 wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges or faces, whether or not planed, sanded or finger-jointed
44.13 densified wood, in blocks, plates, strips or profile shapes
44.15 packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood
45.01 natural cork, raw or simply prepared; waste cork; crushed, granulated or ground cork
46.01 plaits and similar products of plaiting materials, whether or not assembled into strips; plaiting materials, plaits and similar products of plaiting materials, bound together in parallel strands or woven, in sheet form, whether or not being finished articles (for example, mats, matting, screens)
53.01 flax, raw or processed but not spun; flax tow and waste (including yarn waste and garneted stock)
53.02 true hemp, raw or processed but not spun; tow and waste of true hemp (including yarn waste and garnetted stock)
97.05 collections and collectors' pieces of zoological, botanical, mineralogical, anatomical, historical, archaeological, paleontological, ethnographic or numismatic interest
4 All these products are imported to the Republic of Lithuania in line with the Article 5 of the Government Resolution No. 599 “On Approval of Vegetable Quarantine Regulations for Import and Export of Goods of Vegetable Origin to and from the Republic Lithuania and their Transit through the Territory of the Republic of Lithuania” of 3 August 1993.
5 All these products are imported to the Republic of Lithuania in line with the Article 5 of the Government Resolution No. 599 “On Approval of Vegetable Quarantine Regulations for Import and Export of Goods of Vegetable Origin to and from the Republic Lithuania and their Transit through the Territory of the Republic of Lithuania” of 3 August 1993.
6 All these products are imported to the Republic of Lithuania in line with the Article 5 of the Government Resolution No. 599 “On Approval of Vegetable Quarantine Regulations for Import and Export of Goods of Vegetable Origin to and from the Republic Lithuania and their Transit through the Territory of the Republic of Lithuania” of 3 August 1993.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to 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?
The purpose of the licensing and quarantine checking is to avoid the spreading of agricultural pests, vegetable diseases and weeds.
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 imports of goods of vegetable origin is based on and is maintained under the Government Resolution No. 268 “On the Procedure of Export and Import Regulation in the Republic of Lithuania” of 24 March 1997, published in Official Gazette “Valstybes zinios” No. 27-645, 1997 and the Government Resolution No. 599 “On Approval of Vegetable Quarantine Regulations for Import and Export of Goods of Vegetable Origin to and from the Republic Lithuania and their Transit through the Territory of the Republic of Lithuania” of 3 August 1993, published in Official Gazette “Valstybes zinios” No. 35-800, 1993.
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 organ in connection with an application, namely State Plant Protection Service under the 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.
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 registered in the State Plant Protection Service as importers 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?
A free-form application for licence should contain the name, address and the enterprise number of the importers, the list of imported goods of vegetable origin with the quantity and HS codes.
What documents is the importer required to supply with the application?
The application shall be accompanied by the phytosanitary certificate issued by the plant quarantine or vegetable protection service of the exporting country.
Q11. What documents are required upon actual importation?
Upon actual importation, an importer is required to submit approved import licence and the phytosanitary certificate 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 is a non-recurrent certificate issued for a certain period.
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 import licensing and quarantine checking required prior to importation of goods of vegetable origin.
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.