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Draft official translation LAW ON STANDARDIZATION 11 April 2000 No. VIII-1618 CHAPTER ONE GENERAL PROVISIONS Article 1. The Scope and the Purpose of the Law 1. The Law shall establish the basic object

Article 4

of this Law performing the function of public administration – implementing this Law and upgrading and developing national standardization in the Republic of Lithuania.

  1. The purpose of activities, basic functions and objectives of the Lithuanian Standards Association must be related to the sphere of activities or needs of the Association members and must be specified in the statute of the Association.
  2. The Lithuanian Standards Association shall enjoy freedom of action, initiative and decision-making granted to it by and have duties imposed on it under the Constitution of the Republic of Lithuania, this and other laws of the Republic of Lithuania and resolutions of the Government of the Republic of Lithuania, whereas in its activities it shall abide by the Statute of the Lithuanian Standards Association (hereinafter referred to as the Association Statute) registered in accordance with the procedure established by laws.
  3. The Law on Associations shall apply to the Lithuanian Standards Association to the extent it is not provided for otherwise under this Law.
  4. The Lithuanian Standards Association shall have the right to use a seal, document forms, covers of publications and title pages bearing the state emblem of Lithuania.
  5. The Lithuanian Standards Association is a legal person who shall be liable for its obligations by way of all its property and shall not be liable for the obligations assumed by the Association members, whereas its members shall not be liable for the obligations of the Lithuanian Standards Association. Article
  6. Main Objectives and Functions of the Lithuanian Standards Association
  7. The main objective of the Lithuanian Standards Association shall be the implementation and development of national standardization in the Republic of Lithuania.
  8. The Lithuanian Standards Association shall perform the following functions of the National Standards Body: 1) draft the Lithuanian standards; 2) participate in the activities of international and European standards organizations represent the interests of the national economy; 3) provide information about the technical regulations, standards and conformity assessment procedures of the Republic of Lithuania in the manner prescribed by the Government of the Republic of Lithuania, also information on the issues of standardization to the public as well as state and municipal institutions; 4) co-ordinate the standardization work in all spheres of activities, upgrade and develop national standardization; 5) establish technical committees and provide conditions for all interested parties to participate in their work; 6) create the terms used in the Lithuanian standards, carry out expert examination of the terms and their management; 7) organize and conduct courses of in-service training on the issues of standardization for the specialists, provide services for payment in the manner prescribed by the Association Statute, establish media facilities, enterprises and organizations which function in accordance with the laws applicable to enterprises and organizations of the appropriate type, perform other functions prescribed by the Association Statute. Article
  9. Members of the National Standards Association
  10. State and municipal institutions of the Republic of Lithuania, legal persons of the Republic of Lithuania and other states, and enterprises without the rights of a legal person may become members of the Lithuanian Standards Association upon making a decision to become Association members and acting as representatives of the interested parties

Article 4of this Law.

The Association Statute may restrict Association membership for foreign state legal persons and enterprises without the rights of a legal person.

  1. The procedure for the admission of members of the Lithuanian Standards Association and for the termination of membership shall be established by the Association Statute.
  2. Members of the Lithuanian Standards Association (hereinafter referred to as members) must abide by the Association Statute and shall have equal rights in participating in the activities of the Lithuanian Standards Association and recommending its representatives to managing bodies.
  3. Members of the Lithuanian Standards Association shall have the right to: 1) make use of the services provided and information accumulated by the Lithuanian Standards Association; 2) receive information on the activities of the Lithuanian Standards Association; 3) contest in court the resolutions and decisions adopted by the managing bodies of the Lithuanian Standards Association; 4) withdraw from the Lithuanian Standards Association.
  4. The Lithuanian Standards Association shall have the right to expel its members. The rights to a share of property of the Lithuanian Standards Association of the members who have withdrawn or have been expelled shall be exercised according to the procedure laid down in the Association Statute.
  5. Members of the Lithuanian Standards Association shall pay when due membership fees of the established amount at a fixed date.
  6. Other rights and duties of the members shall be defined in the Association Statute. Article
  7. Establishment of the Lithuanian Standards Association
  8. The Lithuanian Standards Association shall be established on the initiative of the Lithuanian Standards Board and the subjects reffered to in paragraph 1 of Article 13 of this Law.
  9. The initiators of establishment of the Lithuanian Standards Association must convene the constituent assembly at which the persons listed in paragraph 1 of Article 13 of this Law or their authorised representatives, who have declared in writing their desire to become members of the Lithuanian Standards Association which is being established, shall have the right to vote. The constituent assembly shall adopt a resolution on the establishment of the Lithuanian Standards Association, its Statute and shall elect a collegiate managing body – the Standardization Council.
  10. The constituent assembly shall have all the rights of the general meeting of members. Article
  11. Managing Structure of the Lithuanian Standards Association The managing bodies of the Lithuanian Standards Association shall be: 1) the General Assembly; 2) the Standardization Council; 3) the Management. Article
  12. General Assembly of the Lithuanian Standards Association
  13. The supreme managing body of the Lithuanian Standards Association shall be the General Assembly. It is the general meeting of the representatives of the Lithuanian Standards Association members. The procedure for convening the General Assembly and for adopting decisions as well as the procedure of their coming into force shall be set out in the Association Statute. Every member of the Lithuanian Standards Association shall have one decisive vote at the General Assembly .
  14. The General Assembly shall fulfil the following functions: 1) adopt, amend and supplement the Association Statute; 2) elect and recall the president, vice-presidents and the auditing commission of the Lithuanian Standards Association; 3) elect from its members the Standardization Council and make decisions on the formation and activities of the commissions by the Lithuanian Standards Association; 4) approve the reports of the Standardization Council, commissions, the Management, auditing commission as well as other reports prescribed by the Association Statute; 5) determine the strategy and trends of activities of the Lithuanian Standards Association; 6) approve the budget of the Lithuanian Standards Association; 7) fix the amount of initial contributions and membership fee and set forth the payment procedure; 8) establish media facilities, enterprises and organizations, liquidate the Lithuanian Standards Association; 9) fulfil other functions prescribed by the Association Statute. Article
  15. Standardization Council of the Lithuanian Standards Association
  16. The Standardization Council shall be the managing body directing the activities of the Lithuanian Standards Association during the period between the General Assemblies. The procedure for convening the Standardization Council, for adopting decisions as well as the procedure of their coming into force shall be laid down the Association Statute. The president of the Lithuanian Standards Association shall preside over the General Assembly and meetings of the Standardization Council.
  17. The number of the Standardization Council members shall be fixed in the Association Statute. The Standardization Council shall consist of the Lithuanian Standards Association president, vice-presidents, director general and not less than 12 - 15 members. One-third of the members shall be representatives of state and municipal institutions having an interest in standardization, delegated by state and municipal institutions. Other members of the Standardization Council shall be elected in the manner and for the term prescribed by the Association Statute.
  18. The Standardization Council shall perform the following functions: 1) submit draft amendments and supplements to the Association Statute for the General Assembly ; 2) implement the policy of activities of the Lithuanian Standards Association pursuant to the resolutions of the General Assembly ; 3) approve the standards programmes of the Lithuanian Standards Association; approve the general reguirements for the establishment and activity of the technical committees; 5) approve the established technical committees and their statute and abolish the same; 6) fulfil other functions prescribed by the Association Statute. Article
  19. Management of the Lithuanian Standards Association
  20. Operative activities of the Lithuanian Standards Association shall be organised and carried out by the Management which operates in compliance with laws, the Association Statute, its own working regulations, division regulations and job descriptions, resolutions adopted by the managing bodies of the Lithuanian Standards Association and the orders issued by the director general.
  21. The Management shall be directed by the director general whose competence and functions shall be specified in the Association Statute. The director general and the chief financier (accountant) shall be appointed on the basis of employment contracts and dismissed by the Standardization Council which shall also fix their official salaries. The director general shall attend the General Assembly and meetings of the Standardization Council with the right of deliberative vote.
  22. The director general shall: 1) head the directorate; 2) be responsible for the work of the Management, budget performance and implementation of the General Assembly resolutions and decisions of the Standardization Council; 3) conclude transactions in the name of the Lithuanian Standards Association within the scope of powers granted to him by the Standardization Council; 4) be accountable for his activities to the Standardization Council; 5) recruit and dismiss the Management staff, draw up the staff list and fix the official salaries of the staff; 6) fulfil other functions specified in the Association Statute.
  23. The president and the director general of the Lithuanian Standards Association shall represent the Lithuanian Standards Association in various institutions and shall conclude contracts.
  24. The president, vice-president and Management staff shall be remunerated for their work from the funds of the Lithuanian Standards Association. Article
  25. Technical Committees of the Lithuanian Standards Association
  26. The Lithuanian Standards Association shall establish technical committees in which all interested parties

Article 4of this Law shall participate on a voluntary basis and with equal rights.

A technical committee may have separate headquarters for secretariat. A technical committee shall not have the status of a legal person and in its activities shall use the name of the Lithuanian Standards Association as a legal person.

  1. The main function of the technical committees shall be the elaboration of the Lithuanian draft standards and the adoption thereof by consensus as well as participation in the elaboration of the international and European draft standards.
  2. The procedure for the establishment of the technical committees shall be prescribed by the Association Statute.
  3. Natural persons, also legal persons, enterprises without the rights of a legal person, state and municipal institutions may participate in the work of the technical committees in the manner prescribed by the Association Statute, even if they are not members of the Lithuanian Standards Association. Article
  4. Commissions of the Lithuanian Standards Association
  5. The commissions of the Lithuanian Standards Association representing the interested parties

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of this Law shall be established for the purpose of co-ordinating and developing the activities of the Lithuanian Standards Association.

  1. The Standardization Council shall establish permanent Electrical Engineering and Consumers Commissions. The Standardization Council may also appoint other permanent and ad hoc commissions.
  2. The procedure for the establishment of the commissions and their working procedure shall be prescribed by the Association Statute. Article
  3. Property of the Lithuanian Standards Association
  4. The Lithuanian Standards Association may own buildings, means of transportation and other fixed and short-term tangible assets required in their activities provided for in the Association Statute, which may have been: 1) transferred to it as the initial contribution; 2) acquired from the sources of funds provided for in Article 22 of this Law.
  5. State and municipal institutions may transfer fixed assets, except for real property, and short-term tangible property to the Lithuanian Standards Association as the initial contribution.
  6. Upon the liquidation of the Lithuanian Standards Association and after a settlement with creditors has been effected, the property transferred to the Lithuanian Standards Association as the initial contribution shall be returned to the legal persons who were the transferors.
  7. The state-owned real property may be transferred to the Lithuanian Standards Association under a loan for use agreement. The Lithuanian Standards Association may transfer in the manner prescribed by law the real property used by it under a loan for use agreement for the use of the legal persons founded by it. Article
  8. Sources of Funds of the Lithuanian Standards Association
  9. The sources of funds of the Lithuanian Standards Association shall be as follows: 1) initial contributions of the members, membership fees and special-purpose contributions for carrying out works related to standardization; 2) target allocations from the State Budget to finance the programmes supported by the State, which are referred to in Article 23 of this Law and state funds transferred by other assignment owner’s for the performance of the work connected with the programmes implemented by them; 3) funds of clients for the drafting of the Lithuanian standards and performance of other works related to standardization; 4) funds and property transferred without consideration by natural and legal persons; 5) profit of the enterprises founded by the Association; 6) income from the distributed standards and other publications; 7) funds received through sponsorship or as a donation or inherited by will; 8) other legally acquired funds.
  10. An estimate of expenditure shall be drawn up for the use of the funds received from the State Budget, and these funds shall be kept in a separate account.
  11. Funds received through sponsorship or inherited by will shall be used for carrying out activities provided for in the Association Statute on the instruction of the sponsor or the testator and shall be kept in a separate account. Article
  12. Target Allocations from the State Budget Target allocations from the State Budget shall be made for the following purposes provided for in the programmes supported by the State: 1) drafting of the Lithuanian standards if this type of work is related to the implementation of legislation, or when international and European standards are to be adopted as the Lithuanian standards; 2) payment of membership fees in international and European standards organizations and participation in the activities of the said organizations; 3) provision of information on Lithuania’s technical regulations, standards and conformity assessment procedures in the manner prescribed by the Government of the Republic of Lithuania; 4) co-ordination of the standardization work in all spheres of activities, upgrading and development of national standardization; 5) creation, examination and management of the terms used in the Lithuanian standards; 6) performance of other activities related to standardization provided for in the programmes supported by the State. Article
  13. Control of Financial Activities of the Lithuanian Standards Association
  14. Financial activities of the Lithuanian Standards Association shall be audited at least once a year by the auditing commission.
  15. Members of the Standardization Council and Management staff may not be on the auditing commission.
  16. The procedure for controlling the financial activities of the Lithuanian Standards Association shall be set out in the Association Statute.
  17. The right to inspect the use of funds received from the State shall be vested on the institution of State Control. Article
  18. Supervision of Legality of the Activities of the Lithuanian Standards Association
  19. The legality of activities of the Lithuanian Standards Association shall be supervised by the institution authorised by the Government (hereinafter referred to as the authorised institution).
  20. The Lithuanian Standards Association must submit to the authorised institution the annual report in the form established by the Standardization Council.
  21. The authorised institution shall have the right to have its own representative in the Standardization Council.
  22. The authorised institution shall represent the Government of the Republic of Lithuania in international and regional institutions dealing with standardization issues at government level.
  23. The authorised institution shall submit to the Government of the Republic of Lithuania drafts of the legal acts prepared in the field of standardization, the drafting of which shall be initiated by the Lithuanian Standards Association. Article
  24. Liquidation of the Lithuanian Standards Association The Lithuanian Standards Association shall be liquidated according to the association liquidation procedure prescribed by the laws of the Republic of Lithuania and the Association Statute. CHAPTER SIX FINAL PROVISIONS Article
  25. Liability for Violations of the Law on Standardization Natural and legal persons shall be liable for the violation of this Law in the manner prescribed by the laws of the Republic of Lithuania. Article
  26. Succession to the Rights of the Lithuanian Standards Board
  27. Before the establishment and registration of the Lithuanian Standards Association in the manner prescribed by law, the functions of the National Standards Body shall be performed by the Lithuanian Standards Board.
  28. Upon the establishment and registration of the Lithuanian Standards Association in the manner prescribed by law, the Lithuanian Standards Board shall be liquidated according to the procedure prescribed by the Law on the Institutions Maintained from the State Budget.
  29. Following the liquidation of the Lithuanian Standards Board: 1) the Government of the Republic of Lithuania shall transfer to the Lithuanian Standards Association as the initial contribution of the state the fixed and short-term tangible property held by the Lithuanian Standards Board, except for the real property which shall be transferred according to the procedure specified in subparagraph 2 of paragraph 3 hereof, and shall appoint institutions to represent the interests of the state in the Lithuanian Standards Association; 2) the Government of the Republic of Lithuania, seeking to ensure public interests in the field of standardization and having regard to public administration functions being fulfilled by the Lithuanian Standards Association, shall transfer non-residential premises held and used by the Lithuanian Standards Board to be held in trust by the authorised institution specified in Article 25 of this Law and, after the authorised institution takes over the premises, transfer them to the Lithuanian Standards Association to be used without consideration under a loan for use agreement. The loan for use agreement shall terminate when the loanee terminates the activity for which the loan for use agreement was concluded and in the performance whereof he used state-owned property; 3) the Lithuanian Standards Association shall commence fulfilling the functions of the National Standards Body upon taking over the property specified in subparagraphs 1 and 2 of paragraph 3 hereof. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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