Official translation Official translation GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION No. 848 17 July 2000 Vilnius The Government of the Republic of Lithuania h a s r e s o l v e d: To approve the Regulations (appended) of the Recognition of National Significance of Economic and Important Public Projects Intended for Implementation. Prime Minister Andrius Kubilius Minister of Economy Valentinas Milaknis APPROVED by Resolution No. 848 of 17 July 200 of the Government of the Republic of Lithuania REGULATIONS OF THE RECOGNITION OF NATIONAL SIGNIFICANCE OF ECONOMIC AND IMPORTANT PUBLIC PROJECTS INTENDED FOR IMPLEMENTATION I. GENERAL PROVISIONS
- The present Regulations shall regulate the recognition of national significance of economic and important public projects intended for implementation (hereinafter referred to as the Projects) and set forth the criteria for the recognition of their national significance.
- In accordance with the procedure established by these Regulations, Projects (structures or facilities of national significance intended to be built, or other structures and facilities) may be recognised as having national significance provided they meet the criteria set forth by the present Regulations.
- The Regulations shall apply if important for the State projects are intended to be implemented by legal or natural persons of the Republic of Lithuania or of foreign countries as well as companies without the rights of a legal person, which in accordance with the procedure established by the laws of the Republic of Lithuania shall invest their own, borrowed or held and used in trust assets or funds.
- The present Regulations shall not apply, provided (if any of the following conditions exists): 4.
- the national significance of projects is recognised by the decision of the Seimas of the Republic of Lithuania; 4.
- state or municipal property, budgetary funds or other funds assigned to it pursuant to the laws of the Republic of Lithuania are being invested; 4.
- other additional or special criteria and procedure for the recognition of national significance of special projects are set forth by other laws and legal acts of the Republic of Lithuania.
- The national significance of projects may be recognised provided they are not in conflict with the strategic interests of the State and are in compliance with the objectives of its regional development policy: promote economic development and modernisation, reduce unemployment, develop rural regions – restructure their economy, reform agricultural production, processing industry, promote the development of new businesses and services, reduce the social and economic disparities between regions. II. CRITERIA FOR THE RECOGNITION OF NATIONAL SIGNIFINACE OF PROJECTS
- The national significance of projects shall be recognised by a resolution of the Government of the Republic of Lithuania.
- Projects may be recognised as having national significance provided they meet the following criteria: 7.1 the assets or funds invested over a three - year period: the amount of assets and funds is not less than 1 million litas per 1 000 (one thousand) population of this town or district, or not less than 200 million litas irrespective of the number of the population; 7.2 the new jobs created over a three-year period: not less than 4 new jobs are created per 1 000 (one thousand) population of this town or district, or not less than 500 new jobs are created irrespective of the number of the population. The amount of invested funds or the number of created jobs specified in paragraphs 7.1 and 7.2, which depend on the number of the population may be reduced by 50 per cent in the regions where the unemployment and employment in agriculture is above the country’s average or the industrial output (the volume of industrial production sold) is below the country’s average. In the regions where at least one indicator –unemployment or employment in agriculture is above the country’s average, the amount of invested funds and the indicators of newly created jobs, which depend on the number of the population may be reduced by 30 per cent. For the purposes of establishment of evaluation criteria, the indicators of the number of the population, unemployment, industrial output (the volume of industrial production sold) shall be recorded according to the data of the Department of Statistics under the Government of the Republic of Lithuania, published in the latest official bulletins prior to the submission of the draft resolution concerning this issue to the Government of the Republic of Lithuania for approval. III. RECOGNITION OF NATIONAL SIGNIFICANCE OF PROJECTS The preparation and submission for approval of Projects that could be proposed to be recognised as projects of national significance, may be initiated by a ministry, a county governor and/or, pursuant to the Law on Local Self-Government of the Republic of Lithuania, an authorised local authority (hereinafter called ‘the Authority’). For this purpose, the Authority shall develop long-term plans for the implementation of Projects (the operation and construction of facilities) and suggest measures for the implementation of these Projects. The long-term plan for the implementation of the Projects and the measures for the implementation of these Projects shall contain the following details: 9.
- the concept and the nature (either an economic project of significance for the State or an important public project) of the Project, the characteristics of the product or service, marketing, and efficiency indicators; 9.
- funding possibilities, the stages of and the time frame for the implementation of the Project, the level of export of manufactured goods, products and services, risk factors and measures to avoid them; 9.
- the qualifications of staff, the duration of and funds for training the staff to work in new positions; 9.
- the employment of services provided by design and construction companies and utilisation of local resources, as well as the development of ecologically sound production practices, and environmental aspects; 9.
- the suggested size of the land lot intended for the implementation of the Project, as well as location and maintenance conditions provided for in the regulations on territory planning applicable to that location; 9.
- the effects of the implementation of the Project (construction and operation) on environmental protection and the protection of cultural heritage, as well as on the security and health of the public, and on meeting the requirements for the conditions of life and other social requirements, with regard to the interests of the municipality, county (region) or the State; Where the preparation and submission for approval of Projects that are intended for implementation is initiated by a ministry or a county governor, they shall submit the details pursuant to paragraph 9 to the council of the relevant municipality in order for the latter to express its opinion on the recognition of national significance of an economic project or an important public project intended to be implemented in the territory of the municipality. The council of the municipality, having regard to the criteria indicated in paragraph 7, shall examine the material submitted and take a relevant decision in accordance with the procedure prescribed by laws. The Authority shall, upon receipt of the decision by the council of the municipality, submit it along with the long-term plan for the implementation of the Project (the operation and construction of the facility), the measures for the implementation of the Project, the comments by interested authorities, a draft resolution by the Government of the Republic of Lithuania on this matter, and an explanatory note to the Ministry of Economy. The Ministry of Economy shall, within the period of not more than 30 days, examine the material submitted to it and, in accordance with the procedure prescribed by legislation, submit it to the Government of the Republic of Lithuania for consideration. The Ministry of Economy shall return the material along with a justified explanation to the authority that has submitted it, if (where any of the following conditions exist): 13.
- the Project being submitted does not meet the prescribed criteria for the recognition of national significance of projects; 13.
- the Project has been prepared and submitted for approval in violation of the requirements of these Regulations; 13.
- not all required documents have been submitted or they do not comply with the requirements of these Regulations.