G/TBT/N/LTU/39  
6 July 2020  
(20-4625) 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:   
EC TBT Enquiry Point: ec-tbt@cec.eu.int   
National TBT Enquiry Point: enquiry@lsd.lt  
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Tobacco, 
tobacco products and related equipment (ICS 65.160)  
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 Articles 2, 9, 9(2), 9(3), 9(10), 9(11), 14, 14(1), 16, 18, 25 and 26, 
No. XIIIP-4620(2) (7 page(s), in Lit huanian)  
6. Description of content:  (1) The provisions of the Law are ame nded in accordance with 
the Directive 2014/40/EU of the European Parliament and of the Council of 3  April 2014 on 
the approximation of the laws, regulations and administrative provisions of the Member 
States concerning the manufacture, presentation and sal e of tobacco and related products 
and repealing Directive 2001/37/EC  (hereinafter – the Tobacco Products Directive).  
(2) A ban on the publication of price reductions for tobacco products, products related to 
tobacco products* (hereinafter – tobacco related  products) and equipment intended for the 
use of such products is introduced. Additional bans that encourage/promote the purchase 
and consumption of tobacco products and tobacco related products were introduced (e.g. 
ban on the free distribution of tobacco  related products and equipment intended for the 
use of tobacco products and tobacco related products and / or new samples thereof; ban of 
the supply of tobacco related products and equipment intended for the use of tobacco 
products and tobacco related pro ducts as prizes for lotteries, competitions, games or in 
conjunction with them; ban on the organization of games and competitions and lotteries to 
promote the purchase and / or use of tobacco related products and equipment intended for 
the use of tobacco p roducts and tobacco related products; ban on the manufacture and / 
or sale of toys, foodstuffs and other goods the design of which imitates tobacco related 
products, equipment for the use of tobacco products and tobacco related products, etc.). 
Ban on the sale of equipment for the use of tobacco products and tobacco related products 
to persons under the age of 18 is introduced.  G/TBT/N/LTU/39  
 
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  * A product related to tobacco products means  an electronic cigarette, a refill container for 
electronic cigarettes or a herbal product for smoking.  
(3) In relation to term of electronic cigarette amended in accordance with the Tobacco 
products directive, the general requirements for the composition and quality of nicotine -
free electronic cigarettes and their cartridges are set accordingly:  
- only ingredients which do not pose a risk to human health in heated or unheated 
form, with the exception of nicotine in a e -liquid containing nicotine, may be used in the 
manufacture of the e -liquid;  
- only ingredients of high purity sha ll be used in the manufacture of the e -liquid. 
Substances other than the constituents of the product and the emissions resulting from 
its use may only present in the e -liquid in quantities which are technologically 
unavoidable during manufacture;  
- placing  on the market of electronic cigarettes and their cartridges is prohibited if the 
liquid contains the following additives:  
1) vitamins or other additives that create the impression that a electronic 
cigarettes o r its cartridge has a health benefit or prese nts reduced health risks;  
2) caffeine or taurine or other additives and stimulant compounds that are 
associated with energy and vitality;  
3) additives having colouring properties for emissions;  
4) additives that have CMR properties in unburnt form.  
(4) A provision suggested to be established in the Law that the Government of the 
Republic of Lithuania or an institution authorized by it shall approve the order applicable to 
natural persons regarding the storage and transportation of tobacco related product s. 
7. Objective and rationale, including the nature of urgent problems where 
applicable:  The draft law aims: (1) To adjust the provisions of the Law in accordance with 
the relevant provisions of the Tobacco Products Directive. This will contribute to the 
harmonization of EU and national law, reduction of administrative burdens for economic 
operators due to optimized processes for fulfilling economic operators' information 
obligations and more effective tobacco control to ensure safety and quality of tobacco 
related products. (2) The extension of the bans on the promotion of tobacco related 
products and equipment intended for the use of tobacco products and tobacco related 
products is suggested in the line of the decisions of the 6th, 7th and 8th Conferences of the 
Parties to the World Health Organization (WHO) Framework Convention on Tobacco Co ntrol 
(FCTC) (COP6(9) 4 p., COP7(11) 29(c) p. ir COP8(22) 5(h) p.), the recommendations of 
the WHO FCTC Secretariat's experts mission to Lithuania on the implementation of 
Article  13 of the Convention. This will undoubtedly contribute to the aim establishe d in 
Paragraph  2 of Article 1 of the Law "to reduce the consumption of tobacco products and 
tobacco related products in the Republic of Lithuania, their accessibility (especially for 
minors)...", as promotion of the acquisition of tobacco related products and equipment 
intended for the use of tobacco products and tobacco related products by various means 
(inter alia through the publication of reduced prices) increases the availability and 
encourages the initiation and the use of tobacco products and tobacco  related products 
(especially for minors who are particularly affected by marketing tactics, e. g. through free 
distribution of products and equipment or their new samples distributed for free). The legal 
loophole allowing the announcement of price reducti ons for tobacco products, related 
products and equipment intended for the use of such products will be eliminated (this gap, 
currently actively used by traders, was highlighted in the Report of the WHO FCTC 
Secretariat's experts mission to Lithuania). The announcement of price reductions gives 
the impression of the economic benefits to the consumer, is treated as a means of 
promotion of sales and consumption, and in turn - the prohibition of tobacco promotion 
means is recommended by the Convention. The abse nce of a ban of sale of equipment 
intended for the use of tobacco products and tobacco related products to persons under 
the age of 18 and the legal inconsistency will be eliminated, as the Law prohibits the use, 
sale and possession of tobacco and tobacco related products by persons under the age of 
18. (3) To regulate the general requirements for the composition and quality of nicotine -
free electronic cigarettes and electronic cigarette cartridges, what is a prerequisite for the G/TBT/N/LTU/39  
 
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  control, safety and quality  of such products. The proposed regulation is determined after 
evaluation of the Latvian and Estonian regulation of the quality and composition of these 
products and the recommendation provided by the experts of the WHO FCTC Secretariat's 
mission in Lithua nia. (4) To specify in the law that the Government of the Republic of 
Lithuania or an institution authorized by it shall approve the order on the storage and 
transportation of the tobacco related products. Establishing this legal basis in the Law 
would pro vide an opportunity to set order on transportation and storage of tobacco related 
products in the territory of the Republic of Lithuania, approved by the Minister of Economy 
and Innovation. The suggested provision is included only in order to provide in th e Law a 
legal basis for the approvement of the order, and the order of the Minister of Economy and 
Innovation will be prepared and notified separately. The draft law will contribute to more 
effective tobacco control in order: - to protect important public interests - personal and 
public health, which is especially relevant in the context of unfavourable prevalence of 
smoking habits of the Lithuanian population (especially young people), unfavourable 
smoking -related morbidity and mortality as well significan t smoking -attributable social and 
economic harm to Lithuanian economy [1]; - to protect the interests of consumers by 
ensuring products quality and safety; - to establish a legal basis for more effective 
management of the criminogenic situation by preventi ng the illicit possession and 
transportation of the tobacco related products.  
[1] https://www.lsmuni.lt/media/dynamic/files/18418/disertacijaliutkute -gumarov.pdf  
8. Relevant documents:   
• Draft Law:  https://e -
seimas.lrs.lt/portal/legalAct/lt/TAP/5bb98e70ab1d11ea8aadde924aa85003?jfwid=
4q7c48sf4  
• Draft Law (comparative version): https://e -
seimas.lrs.lt/portal/legalAct/lt/TAK/7b783c20ab1d11ea8aa dde924aa85003 ? 
• Law on control of tobacco, tobacco products and related products of the Republic of 
Lithuania: https://www.e -tar.lt/portal/lt/legalAct/TAR.F8090E375DA0/asr  
9. Proposed date of adoption:  Adoption wil l be made by the Parliament after notification of 
the Draft Law to the European Commission and to the WTO.  
Proposed date of entry into force:  Proposed date of entry into force 1 November 2020 
(except of Article 3, whose proposed date of entry into force is  1 January 2021 (electronic 
cigarettes and cartridges of electronic cigarettes manufactured and supplied to the market 
of the Republic of Lithuania may remain on the market of the Republic of Lithuania until 
they are sold out, but not longer than until 1 M ay 2022).  
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:   
https://e -
seimas.lrs.lt/portal/legalAct/lt/TAP/5bb98e70ab1d11ea8aadde924aa85003?jfwid=4q7c48sf
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