G/TBT/N/LTU/42  
9 July 2021  
(21-5435) 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 addres s (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:   
EC TBT Enquiry Point: ec-tbt@cec.eu.int   
National TBT Enquiry Point: enquiry@lsd.lt   
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other  [X]:  
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 (HS 24)  
5. Title, number of pages and language(s) of the notified document:  Draft Law on 
control  of tobacco, tobacco products and related products of the Republic of Lithuania on 
amendment of Article 9(2), No. XIIIP -3849(3), 1 page, Lithuanian (hereinafter – Draft 
Law). (1 page(s), in Lithuanian)  
6. Description of content:  The Draft Law aims to proh ibit the placing on the market of the 
Republic of Lithuania of electronic cigarettes and refills with a liquid adapted for filling 
electronic cigarettes (hereinafter - electronic cigarette refills), if the liquid (both with 
nicotine and nicotine -free) cont ains flavorings and (or) taste other than tobacco flavoring 
and (or) taste.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  The main objective of the Draft Law is to prohibit the placing on the market 
of the Republic of Lithuania of electronic cigarettes and electronic cigarette refills, if the 
liquid (both with nicotine and nicotine -free) contains flavorings and (or) taste other than 
tobacco flavoring and (or) taste, and thus reduce the attractiveness and demand for 
electronic cigarette and electronic cigarette refills (especially for young people for whom 
flavored products for vaping are particularly attractive), which becomes especially 
relevant in the face of worrying increase of use of electronic cigarette (especia lly among 
young people) in Lithuania.[1],[2], [3], [4]  
As stated recital 47 in the  preamble  to the  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 repeal ing Directive 2001/37/EC (hereinafter 
– the Tobacco Products Directive):  G/TBT/N/LTU/42  
 
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  "(47) This Directive does not harmonise all aspects of electronic cigarettes or refill 
containers. For example, the responsibility for adopting rules on flavours remains with 
the Member States.  It could be useful for Member States to consider allowing the placing 
on the market of flavoured products. In doing so, they should be mindful of the potential 
attractiveness of such products for young people and non smokers . <…>"  
Following  a request from the European Commission, the Scientific Committee on Health, 
Environmental and Emerging Risks (SCHEER) issued the Opinion on electronic 
cigarettes[5] (2021), concluding " <…> that there is moderate evidence that ele ctronic 
cigarettes are a gateway to smoking for young people. There is strong evidence that 
nicotine in e -liquids is implicated in the development of addiction and that flavours have 
a relevant contribution for attractiveness of use of electronic cigarette  and initiation. " 
According to the Study "The role of flavors in vaping initiation and satisfaction among 
U.S. adults" results:  
Most current e -cigarette users (62.9%) typically used flavors other than tobacco 
(including fruit, mint/menthol, sweet, candy, coffee and other), 24.2% typically used 
tobacco flavors, and 12.9% typically used non -flavored e -cigarettes. Flavor was a 
common reason for vaping initiation, selected by 29.5% of the sample. Flavor, particularly 
fruit flavor, was more likely to motivate y oung adults 18 –24 to initiate vaping compared 
adults 35 –44. Those who used flavors, particularly mint/menthol and flavors other than 
tobacco flavor, had higher odds of reporting high satisfaction with vaping and had higher 
odds of perceived addiction to va ping than respondents who did not use flavored e -
cigarettes.  
As stated in the Report from the Commission to the European Parliament, the Council, 
the European Economic and Social Committee and the Committee of the Regions on the 
application of the Tobacco  Products Directive[6], issued on 20 May, 2021: "There is strong 
evidence that flavours in e -liquids are attractive to youths and adults. Significantly, young 
people use non -traditional flavours  in particular, such as candy and fru it. These flavours 
strongly influence young people by decreasing harm perception and increasing the will to 
try. Member States are increasingly banning flavours for e -cigarettes ."  
[1] 
https://ntakd.lrv.lt/uploads/ntakd/documents/files/Eurobarometras%202020%20Lietuv
a.pdf  
[2] https://ntakd.lrv.lt/uploads/ntakd/documents/file s/HBCS2018_LT.pdf  (p. 42)  
[3] http://www.espad.org/sites/espad.org/files/2020.3878_EN_04.pdf  
[4] https://ntakd.lrv.lt/lt/naujienos/lietuvoje -kinta-rukymo -iprociai -jauni-zmones -vis-
dazniau -renkasi -elektronines -cigaretes -bei-naujoviskus -bedumius -tabako -produktus -
vietoje -iprastu -tabako -gaminiu  
[5] 
https://ec.europa.eu/health/sites/default/files/scientific_committ ees/scheer/docs/scheer
_o_017.pdf  
[6] https://eur -lex.europa.eu/legal -
content/EN/TXT/?qid=1621500846386&uri=COM%3A2021%3A249%3AFIN  
Other  
8. Relevant documents:   
• Draft Law: https://e -
seimas.lrs.lt/portal/legalAct/lt/TAP/fc4af810ce7111eb91e294a1358e77e9?jfwid
=19qe94pe8n  
• Draft Law (comparative version): https://e -
seimas.lrs.lt/portal/legalAct/lt/TAK/1cf7d650ce7211eb91e294a1358e77e9?jfwid
=19qe94pe8n  G/TBT/N/LTU/42  
 
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  9. Proposed date of adoption:  1 July 2022  
Proposed date of entry into force:  1 November 2021  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
enquiry@lsd.lt