G/TBT/N/LTU/50  
27 July 2023  
(23-5139) Page: 1/3 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  LITHUANIA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Ministry of Health of the Republic of Lithuania  
Vilniaus str. 33, LT -01506 Vilnius, Lithuania, tel. +370 5 2661402, e -mail: 
ministerija@sam.lt , http://sam.lrv.lt/  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
National WTO TBT Enquiry point:  
Lithuanian Standards Board, Algirdo str. 31, 03219 Viln ius, Lithuania tel.: +370 5 279 
1152; e -mail: enquiry@lsd.lt  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  TOBACCO 
AND MANUFACTURED TOBACCO SUBSTITUTES; PRODUCTS, WHETHER OR NOT 
CONTAINING NICOTINE, INTENDED FOR INHALATIO N WITHOUT COMBUSTION; OTHER 
NICOTINE CONTAINING PRODUCTS INTENDED FOR THE INTAKE OF NICOTINE INTO THE 
HUMAN BODY (HS code(s): 24); Tobacco, tobacco products and related equipment (ICS 
code(s): 65.160)  
5. Title, number of pages and language(s) of the notif ied document:  Draft Law on 
control of tobacco, tobacco products and related products of the Republic of Lithuania on 
amendment of Articles 2, 92, 95 and 30  No. XIVP -2590(3), (hereinafter – Draft Law); (2 
page(s), in Lithuanian)  
6. Description of content:  The Draft Law was prepared in order to fill the gaps in the 
existing regulation when in the presence of the ban introduced from 07/01/2022 (on 
placing on the Lithuanian market electronic cigarettes and electronic cigarette refills with 
a liquid adapted for  filling electronic cigarettes, if this liquid contains flavoring substances, 
except for the smell and (or) taste of tobacco), electronic cigarettes, electronic cigarette 
refills with a certain smell and (or) taste, other than tobacco, are still supplied t o the 
Lithuanian market. The suggested amendments of the Law will allow smoother application 
of the provisions of the Law and smoother examination of cases for violation of the 
provisions of this Law, in order to reduce attractiveness and consumption of e -cigarettes 
and electronic cigarette refills (especially to young people). Considering the fact that it is 
not appropriate to indicate that the product contains nicotine on a product that does not 
contain nicotine, and in order to avoid misleading of users of electronic cigarettes and 
their refills, in draft Law it is suggested not to apply the requirement established in the G/TBT/N/LTU/50  
 
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  Law for a warning about possible harm to health to electronic cigarettes and electronic 
cigarette refills that do not contain nicotine.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  In order to reduce attractiveness and rapidly growing consumption 
(especially among young people) [1] of electronic cigarettes, it is necessary to take 
appropriate meas ures. The first step, which has already been taken in Lithuania with the 
ban introduced on 07/01/2022 on placing on the Lithuanian market electronic cigarettes 
and electronic cigarette refills with a liquid adapted for filling electronic cigarettes, if thi s 
liquid contains flavoring substances other than of the smell and/or taste of tobacco. But 
the existing regulation is not sufficient and provides opportunities for business entities to 
circumvent the bans by supplying the market with electronic cigarettes  that have 
properties of a certain smell and/or taste, other than tobacco.  
The definition of the characterising flavour (added smell or taste), stated in the Law, 
currently is applied only to tobacco products, but is not applied to electronic cigarettes 
and electronic cigarette refills, the popularity of which is increasing rapid ly, especially 
among young people [1]. Currently, the Law prohibits the placing on the market of 
electronic cigarettes and electronic cigarette refills with a liquid adapted for filling 
electronic cigarettes, if this liquid contains flavoring substances, e xcept for the smell 
and/or taste of tobacco. There is no legally approved list of either permitted or prohibited 
tobacco flavoring substances, what enables economic operators to argue the fact that 
tobacco tastes are different and to interpret the concept of "tobacco taste and smell" 
differently, thus supplying the market with electronic cigarettes and electronic cigarette 
refills with certain non -tobacco smell and/or taste characteristics. Therefore, the Draft 
Law proposes to supplement the concept of the characterising flavour (added smell or 
taste) so that it also applies to electronic cigarettes and their refills. It is proposed to 
establish that it is prohibited to place into Lithuania market electronic cigarettes and their 
refills with an added smell o r taste, except for the smell and/or taste of tobacco (the same 
regulation provision as in case of tobacco products). It is likely that this will prevent 
different treatment of the provisions of the Law. The Draft Law proposes to indicate 
specific permitte d chemical substances that give electronic cigarettes, electronic cigarette 
refills the taste and smell of tobacco in secondary legal acts and to indicate the CAS 
numbers of these substances. This would limit economic operators from circumventing 
the prohi bitions of the Law and would limit the possibility of supplying the Lithuanian 
market with electronic cigarettes and electronic cigarette refills with certain non -tobacco 
smell and/or taste and thus contribute to reduction of the attractiveness and use of 
electronic cigarettes (especially for young people for whom flavored vaping products are 
particularly attractive), which becomes especially relevant in the context of worrying 
increase of use of electronic cigarette (especially among young people) in Lithu ania [1].  
On 05/01/2022, amendments to the Law entered into force, by which electronic cigarettes 
and electronic cigarette refills, which do not contain nicotine, also entered the scope of 
the Law regulation. After the amendments to the Law entered into force on 05/01/2022, 
single packs of electronic cigarettes and electronic cigarette refills or any external 
packaging must contain a warning about possible health damage "This product contains 
nicotine, which is an extremely addictive substance. It is  not recommended for non -
smokers." It is not appropriate to indicate that the product contains nicotine on a product 
that does not contain nicotine, and it also misleads the users of electronic cigarettes and 
their refills. Therefore, it is proposed not to  apply the requirement regarding a above 
mentioned warning about possible health damage to electronic cigarettes and their refills 
that do not contain nicotine.  
Draft Law suggests to extend the period of examination of cases on violation of the Law 
and eco nomic sanctions from two to six months, as this will allow to avoid situations when 
cases of violation of the Law are prepared after the deadline for appealing documents 
establishing market restriction measures. As the Draft Law proposes establishing the 
possibility of hearing cases regarding the violation of the Law by written procedure, at 
the request of the party to the hearing process, this will reduce the administrative burden 
of the state institutions examining cases for violation of the provisions of  the Law and 
increase the operational efficiency of the process of the pending cases.  G/TBT/N/LTU/50  
 
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  [1] 
https://ntakd.lrv.lt/uploads/ntakd/documents/files/2022%20metinis%20 (galutinis).pdf  
(Drugs, tobacco and alcohol control department „Psychoactive substances: trends and 
changes 2022", p. 119, picture 4.1.8 (according to the European School Survey Project 
on Alcohol and Other Drugs (ESPAD), t he use of electronic cigarettes among 15 -16 years 
old youth in Lithuania is one of the largest in the Europe (in Lithuania last month 
prevalence is – 31%, while average of ESPAD countries – 14%), picture 4.1.7 (with the 
increasing time trend of such consum ption) and table 4.1.2 to the national General 
population representative survey 2021 (the highest prevalence of e -cigarettes is among 
people of 15 -34 years old age group, life time prevalence is 41,9%, last month prevalence 
- 16%).; Protection of human hea lth or safety  
8. Relevant documents:   
Draft Law:  
https://e -
seimas.lrs.lt/portal/le galAct/lt/TAP/ee3bc7b00aa911eeb489c7d891071d0a?positionInSe
archResults=1&searchModelUUID=ef9b665c -ccb6-4f34-8df1-4bb02db456c1  
Draft Law (comparative version):  
https://e -
seimas.lrs.lt/portal/legalAct/lt/TAK/3ec96c520aaa11eeb489c7d891071d0a?positionInSe
archResults=3&searchModelUUID=ef9b665c -ccb6-4f34-8df1-4bb02db456c1  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
National WTO TBT Enquiry point:  
Lithuanian Standards Board, Algirdo str. 31, 03219 Vilnius, Lithuania tel.: +370 5 279 
1152; enquiry@lsd.lt