– Since January of this year, NTAKD’s rights to control prohibited advertising of alcohol and tobacco products on the Internet, as well as tobacco products, e-mails, have been expanded. distance selling of cigarettes. What changed?
– The department constantly monitors the online space. But we lacked control tools. From now on, we have the right to give mandatory instructions to public electronic communication network service providers to block websites that violate the law.
This makes it possible to effectively fight against malicious lawbreakers who deliberately advertise illegal activities and make it possible to purchase tobacco products, e-mails. cigarettes and smoking herbal products remotely even to children and minors.
For example, after the ban on the sale of e-cigarettes and flavored refills came into force last July, it was in a difficult position.
Some business entities register their websites abroad, and trade in electronic cigarettes in Lithuania.
The Department, having received the permission of the Vilnius District Administrative Court, had the right to issue a binding instruction only to Lithuanian information hosting service providers. We are glad that this problem has been solved and we have gained a new, effective control tool.
After the change in legal regulation, the Department’s rights were expanded and it became possible to issue binding instructions to public electronic communication network service providers as well. In this way, the aim is to protect the Lithuanian market from prohibited advertising and distance trade.
– How exactly does this process work?
– Initially, economic entities are sent a call to voluntarily remove advertising or information that is related to the remote sale of tobacco products, e-mail. sale of cigarettes or smoking herbal products.
If the business entity does not take this into account and does not do so within the set deadline, the Department has the right to apply to the Vilnius County Administrative Court.
The court examines the request and adopts a reasoned ruling to issue permission to perform specific actions, i.e. to give a mandatory instruction to the hosting service provider and/or the public electronic communications network service provider to remove or delete the information stored by the hosting service provider and/or the public electronic communications network service provider the ability to access information that is considered advertising of alcoholic beverages, tobacco, tobacco products and related products, or information related to prohibited distance sales of tobacco products and related products.
We are already reaping the first fruits of the changed legal regulation. Since the beginning of January, 3 foreign economic entities have been warned, and a deadline has been set for them to remove distance trading e-mails. cigarette platforms. We went to court for 2 cases.
The monitoring of the Internet space is carried out by the specialists of the Department. We also receive reports from other institutions and complaints from residents.
– What does NTAKD do to prevent violations in general?
– We provide consulting for business entities focused on the prevention of violations. In this area, we can be proud of the obviously improving results.
I would like to emphasize that the purpose of consulting is to promptly and systematically, in response to the situation on the market, avoid possible violations of legal acts. The main priority in 2022 was not allocated to the application of economic sanctions, but to the counseling and training of economic entities, their associated structures and business newcomers, because such preventive activities effectively help to avoid possible violations of the AKI and TKI.
The numbers show that we have chosen the right direction, this type of activity has paid off. 41% succeeded. reduce the number of violations from 149 violations in 2021 to 88 – 2022
With the addition of additional functions in the field of supervision of raw tobacco and fiber hemp tobacco products and related products, the number of consultations provided by NTAKD increased to 6,000 both verbally and in writing.
As has become usual, many meetings were organized live and remotely with economic entities and associated business structures, during which relevant and useful information was exchanged and issues of concern to business were resolved.
– It is impossible to limit yourself to prevention alone. What other measures are used?
– During 2022, NTAKD conducted a total of 158 inspections of economic entities operating in the field of alcohol and tobacco production and trade, of which 71 were planned and 87 were unplanned. The main focus was on the prevention of violations and the development of a constructive dialogue with business.
Regarding the imposition of economic sanctions, it was considered that they should be applied only as a last resort, when all other measures have been exhausted and have not produced the results expected.
Last year, a lot of attention was paid to communication with associated business structures operating in the field of alcohol and tobacco production and trade – the Association of Lithuanian Trading Companies, the Association of Lithuanian Alcoholic Beverage Manufacturers and Importers, the National Association of Tobacco Manufacturers and others.
Another special direction is contact with business newcomers, that is, newly established companies. We organized training for them, during which methodical material related to the performance of activities was provided.
We realized that it works, we saw a huge need for such training. Therefore, NTAKD intends to carry them out further and in this way contribute to the early prevention of violations and the provision of methodological assistance.
– One of the activities of NTAKD is reducing the supply of alcohol, and at the same time promoting more moderate alcohol consumption. What are the trends?
– in 2022 only 60 violations of the Alcohol Control Law (ALC) were found when in 2021 – as many as 134. The more than doubled number of violations shows that the situation is improving and that the prevention measures applied by NTAKD are paying off. This is associated with noticeable benefits due to increased preventive work and consultations carried out by NTAKD, making business entities more responsible and aware.
The analysis of violations of the Code of Criminal Procedure showed that the problem areas in the supervision of economic entities remain the sale of alcoholic beverages during prohibited hours, restrictions related to the age of buyers and sale without proper documentation, i.e. without licenses or without the necessary permission or documents for the purchase of alcoholic beverages.
Violations related to the sale of alcoholic beverages during prohibited hours continue to lead, but in 2022 observed from 2021 the continuing decrease of these violations in the total number of violations from 35 percent. Up to 30 percent
This shows that the attention given to NTAKD and the measures applied for the prevention of this type of violation are yielding results and the work started should be continued.
Although violations related to the sale of alcoholic beverages to persons younger than 20 years of age are of great concern, the decrease in their number from 34 percent to 20 years of age is encouraging. in 2021 up to 23 percent in 2022
This shows that the meetings with the associated business structures operating in the field of alcohol trade were productive and economic entities began to more responsibly comply with the sales procedure established by the Chamber of Commerce and Industry.
It is worrisome that the number of violations related to trade without properly organizing the documentation, ie without licenses or without the necessary permission or documents for the purchase of alcoholic beverages, has doubled. If in 2021 there were a total of 12 percent of them, that is, in 2022 already 28 percent in the total number of AKI violations. This shows that some economic entities sometimes still negligently comply with legal acts and preventive work in this area should be continued.
– Do offenders always accept their guilt? Are you not trying to challenge NTAKD’s decisions in court?
– You won’t argue very much, because NTAKD always very responsibly and carefully conducts investigations into cases of violations of the AKI and the Tobacco Control Law (TKI).
in 2022 60 resolutions were adopted to apply economic sanctions to economic entities, of which 46 were resolutions regarding the AKI and 14 regarding violations of the TKI, when in 2021 there were 111 of them, of which 101 were for AKI, 10 for TKI.
Vilnius District Administrative Court and the Supreme Administrative Court of Lithuania in 2022. examined 15 administrative cases in which business entities disputed the legality and validity of decisions made by NTAKD – in all cases, the courts rejected the applicants’ complaints and upheld the decisions made by NTAKD, only in one case was the Department’s decision annulled, i.e. the rate of cases won in courts is 93 percent.
Every year, the percentage of cases won remains higher than 90%, business entities complain less and less about the adopted resolutions, which means the correct and professional application of legal acts by NTAKD specialists.
– NTAKD alone probably cannot control alcohol and tobacco trade in the entire territory of Lithuania. Who do you collaborate with?
– in 2022 a survey of all 60 Lithuanian municipalities was conducted, the purpose of which is to determine the role of municipal administrations in ensuring the 2021 Implementation of the provisions of the AKI and TKI.
Taking into account the received survey data and in order to help the municipalities more effectively implement the prevention measures specified in the legal acts, other suggestions were made for the improvement of activities.
Remote trainings were periodically organized for civil servants and employees of Lithuanian municipal administrations on topical issues related to the supervision of alcohol and tobacco products.
In the course of monitoring the licensing actions of municipal administrations, in 2021 licenses issued in 15 municipalities were assessed. After checking the submitted licensing documents, it can be said that every year the violations found in the municipalities when issuing licenses are decreasing, because the regular consultations, recommendations and training provided by NTAKD significantly contribute to the development of the competences of municipal employees.
From July 1 after the prohibition of flavors in e-cigarette liquids came into force, NTAKD actively cooperated and provided information to the State Consumer Rights Protection Service, which is entrusted with the supervision of the prohibition of this TKI.
In order for economic entities to experience a lower administrative burden, but for the supervision to be efficient and purposefully reducing the number of violations, NTAKD always gives priority to inspections together with other institutions performing supervision, especially with the Lithuanian Police, the State Tax Inspectorate, etc., so such inspections consisted of, as in previous years, the majority, ie 55 percent. of all 2022 performed inspections.
At the same time, joint control actions allowed the prompt exchange of relevant information and the sharing of good practices between institutions performing control functions.
in 2022 NTAKD actively cooperated and exchanged information with the EC and other member states, the reason for the increased cooperation remains the emergence of new products on the tobacco market and new problems to be solved.
We also participated in events organized by the World Health Organization on the harm caused by tobacco and alcohol and the search for solutions to this problem.
In addition, NTAKD in 2022 actively participated in the project “Joint Actions in Tobacco Control 2” co-financed by the European Commission, the main goal of which is to help EU member states implement the provisions of the Tobacco Products Directive and the Tobacco Advertising and Promotion Directive. NTAKD participates in 2 working groups – WP8 (creation of a smoke-free environment and legal regulation of tobacco advertising, promotion and sponsorship) and WP9 (development of good practices and effective and consistent tobacco “game strategy” (“endgame startegy”).
NTAKD remains the main institution in Lithuania that collects and submits data to the European Commission about the implementation of the Tobacco Products Directive in the country. The data provided will be analyzed by the European Commission and used to determine the relevance of the Tobacco Products Directive and possible changes.
After summarizing the implemented measures, it can be concluded that in the sector of alcohol, tobacco and products related to tobacco products, there is an effective mechanism for the supervision of business entities and the prevention of violations created by NTAKD, which is constantly being improved.
