Basic information
Outline of the system
Import licensing system of petroleum products in bulk is regulated by the Article 13 of the Law on Enterprises of 16 March 1990, Article 17 of the Law on Energy of 28 March 1995 and the Government Resolution No. 1492 “On Licensing of Import, Export, Wholesale and Retail Trade of the Petroleum Products in Bulk” of 27 December 2000, and is administered by the Ministry of Economy.
Product coverage
The licensing covers:
No.Title of petroleum product in bulk(7) HS code
1. Motor spirit
1.1 Aviation spirit 2710.00.26.0
1.2 with an octane number (RON) of 80 (76) 2710.00.27.2
1.3 with an octane number (RON) of 92 2710.00.27.5, 2710.00.27.6
1.4 with an octane number (RON) of 95 2710.00.29.1, 2710.00.29.9
1.6 with an octane number (RON) of 98 2710.00.32.1, 2710.00.32.9
2. Jet fuel 2710.00.37.0, 2710.00.51.0
3. Diesel oils 2710.00.66.1, 2710.00.67.1, 2710.00.68.1
4. Stove fuels, other gasoline 2710.00.66.3, 2710.00.67.3, 2710.00.68.3, 2710.00.66.9, 2710.00.67.9, 2710.00.68.9
5. Heavy fuel oil (liquid fuel) 2710.00.74-2710.00.78, 2710.00.97.1
Import of petroleum products in bulk is subject to non-automatic import licensing.
(7) Petroleum products in bulk are all petroleum products but those poured out by producers into containers with capacity not exceeding 10 litres (fuels for car and motor-cycle racing poured out by producers into containers with capacity not exceeding 50 litres).
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The licencing is intended to serve the purposes of consumer protection and to maintain control over technical characteristics of the materials.
Questions for products under restriction as to the quantity or value of imports
No quantitative or value restrictions.
The system applies to products originating from which country?
The system applies to the products originating in and coming from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The licensing of import of petroleum products in bulk is based on the Article 13 of the Law on Enterprises of 16 March 1990, published in Official Gazette “Valstybes zinios” No. 28 – 756, 2000, the Article 17 of the Law on Energy of 28 March 1995, published in Official Gazette “Valstybes zinios” No. 28 – 757, 2000 and the Government Resolution No. 1492 “On Licensing of Import, Export, Wholesale and Retail Trade of the Petroleum Products in Bulk” of 27 December 2000 and published in Official Gazette “Valstybes zinios” No. 113-3623, 2000.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
The licencing may be eliminated only under adoption of relevant legislation.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All types of enterprises registered in Lithuania and subsidiaries of enterprises of foreign states, whose registration certificates or statutes provide for trade in petroleum products, as well as enterprises that consume petroleum products for the purpose of heating, electrical power or other production needs are eligible for licence issuance.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
An enterprise wishing to obtain a licence shall submit an application on an established form by the Ministry of Economy. The application shall include the following information: name of the enterprise, code, address, telephone number, sphere of commercial-economic activity for which a licence is applied, indication of which petroleum products in bulk the enterprise plans to import (HS codes).
What documents is the importer required to supply with the application?
An enterprise wishing to obtain a licence to import petroleum products in bulk shall submit the following documents along with the application:
• copies of the registration certificate and the statutes (except for enterprises operating without the statutes) of an enterprise certified by the stamp of the enterprise and the signature of its head;
• a declaration about the locations of storage of petroleum products in bulk and trading in them. The declaration shall contain address of the said locations, the number of tanks, their capacity (in cubic meters), the ownership form of warehouses (whether private or leased);*
• copies of documents of metrological monitoring (conducted in conformity with the procedure established by the State Metrology Service) certified by the stamp of the enterprise and the signature of its head. They shall be submitted by enterprises, which have not been the licence holders for import of petroleum products in bulk, as well as the enterprises, which are willing to enter additional addresses of the warehouses into the already issued licences;
• a copy of the agreement, pursuant to which a warehouse or a tank is made use of for petroleum products in bulk, approved by the stamp of the enterprise and the signature of its head, in case the warehouse or the tank is not owned by the enterprise by the ownership right;
• a payment order with bank stamps or a receipt that confirms that the state fees of an established size have been paid (presented upon taking a decision on a licence issuance).
The enterprise wishing to re-register the licence, shall submit the following documents to the institution that issues and re-registers licences:
• an application for re-registration of the licence;
• a payment order with bank stamps or a receipt that confirms that the state fees of an established size have been paid (presented upon taking a decision on a licence re-registration).
* Enterprises which do not own or lease warehouses for petroleum products in bulk, shall have to indicate that petroleum products in bulk are delivered directly to the purchaser.
Window of submission of an application
How far in advance of importation must application for a licence be made?
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 30 days of receipt of the application.
Are there any limitations as to the period of the year during which application for licence can 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.
Issuing the license
Can a licence be granted immediately on request?
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
An importer has to approach only one administrative organ in connection with an application, namely the Ministry of Economy.
Must the applications be passed on to other organs for visa, note or approval?
An importer has to approach only one administrative organ in connection with an application, namely the Ministry of Economy.
Are there any other conditions attached to the issue of a licence?
A licence shall not be issued if:
• not all the required documents are submitted;
• false data have been provided;
• the documents submitted are not in conformity with the established requirements;
• there is a written notice of the supervising state institution on imposition of penalties for violation of conditions of activity subject to licensing. In such a case the Ministry of Economy shall pass a final decision.
• an enterprise has outstanding tax arrears to the state budget, the municipal budgets or social insurance funds or does not fulfill its obligations to the Customs.
Licences shall not be re-registered if:
• not all the required documents are submitted;
• false data have been provided;
• the documents submitted are not in conformity with the established requirements;
• an enterprise shall not submit the information on import, export, sale volumes of petroleum products in bulk to the licence issuing and re-registering institution;
• there is a written notice of the supervising state institution on imposition of penalties for violation of conditions of activity subject to licensing. In such a case the Ministry of Economy shall pass a final decision;
• an enterprise has outstanding tax arrears to the state budget, the municipal budgets or social insurance funds or does not fulfill its obligations to the Customs.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
The state fee shall be collected for licence issuance in accordance with the Government Resolution No. 1458 “On Approval of the List of Entities Subject to Imposition of the State Fee, the Fee Rate and the Procedure for its Payment and Repayment” (Official Gazette “Valstybes zinios” No. 108-3463, 2000).
What is the amount of the fee or charge?
The state fee amounts to 2800 LTU (812 EUR).
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issuance of licence.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Under circumstances of failure to meet the licencing criteria the application for the licence may be refused.
Are the reasons for any refusal given to applicants?
In the event of refusal to issue or re-register a licence, the applicant shall be notified in writing.
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicant has a right to appeal against the decision in conformity with the procedure set forth by the relevant laws.
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations as to the period of the year during which application for licence and/or importation may be made.
What documents are required upon actual importation?
Licence holders importing petroleum products in bulk shall submit copies of approved import licences along with the general document while conducting customs procedures.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures applied for importation of petroleum products in bulk, apart from import licence required to be presented prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The Ministry of Economy shall issue import licences for petroleum products in bulk for an unrestricted time period and on an applicant’s request re-registered annually.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilisation of a licence.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange is automatically provided by the banking authorities for products to be imported.