TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES (HS 24)
Draft Law on control of tobacco, tobacco products and related products of the Republic of Lithuania on amendment of Articles 1, 2, 3, 91,10, 11, 12, 14, 25, 26, title of the Chapter II, title of Section one of the Chapter II and title of the Chapter IV, No. XIIIP-5126(2) (11 page(s), in Lithuanian)
The Draft Law aims:
1. to establish licensing of wholesale of raw tobacco (unprocessed tobacco)*;
2. to establish requirements for persons wishing to acquire license of wholesale of raw tobacco;
3. to determine conditions of licensed activity, requirements for the wholesale, storage and transportation of raw tobacco;
4. to establish economic sanctions for non-compliance with the requirements for activities with raw tobacco.
The draft law suggests inter alia the ban of retail sale of raw tobacco, as raw tobacco could be processed very easily by inexpensive equipment to make manufactured tobacco that can be used for the illicit manufacture of tobacco products. Thus, the ban of retail sale of raw tobacco is intended to prevent the production of illegal tobacco products.
It should be noted that the definitions specified in Paragraphs 2, 3 and 4 of the Article 2 of the Draft Law No. XIIIP-5126(2) will be accordingly specified taking into account the Law on control of tobacco, tobacco products and related products of the Republic of Lithuania on amendment of Articles 2, 9, 9 (2), 9 (3), 9 (10), 9 (11), 14, 14 (1), 16, 18, 25 and 26, No XIV-295, adopted by the Parliament of the Republic of Lithuania on 13 May 2021 [https://www.e-tar.lt/portal/lt/legalAct/4cf6f7a0beaf11eba2bad9a0748ee64d, see the definitions of import, importer and entry, stated in the Article 1 of the Law No XIV‑295], by which the mentioned definitions were fully harmonized with Directive 2014/40/EU of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (having regard to the detailed opinion and comments of the European Commission (Message TRIS/(2020) 03590 and TRIS/(2021) 00304 on Notification 2020/0404/LT).
*Raw tobacco (or unprocessed tobacco) means tobacco leaves and other parts of tobacco which are uncut or otherwise unprocessed, except those which, pursuant to the Law of the Republic of Lithuania on Excise Duty, are treated as manufactured tobacco (according to the Law of the Republic of Lithuania on Excise Duty manufactured tobacco - cigarettes, cigars, cigarillos, smoking tobacco).