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Government of the Republic of Lithuania Resolution No 12 of 13 January 2003 ON THE APPROVAL OF THE PROCEDURE FOR SUPPLYI

Government of the Republic of Lithuania Resolution No 12 of 13 January 2003 ON THE APPROVAL OF THE PROCEDURE FOR SUPPLYING CONSUMERS WITH ENERGY AND/OR ENERGY RESOURCES IN THE EVENT OF AN EMERGENCY IN THE ENERGY SECTOR Vilnius Acting pursuant to Article 5

(2)
(1)of the Law of the Republic of Lithuania on Energy (Valstybės Žinios (Official Gazette) No 56-2224, 2002), the Government of the Republic of Lithuania has resolved:
  1. To approve the Procedure for Supplying Consumers with Energy and/or Energy Resources in the Event of an Emergency in the Energy Sector (attached).
  2. To repeal Resolution No 1118 of the Government of the Republic of Lithuania of 13 October 1997 on the Provision of Services and Payment for them when Supplying Crude Oil and Petroleum Products in the Event of an Emergency (Valstybės Žinios (Official Gazette) No 94-2364, 1997). Prime Minister Algirdas Brazauskas Minister of Economy Petras Čėsna APPROVED by Resolution No 12 of the Government of the Republic of Lithuania of 13 January 2003 Procedure for Supplying Consumers with Energy and/or Energy Resources in the Event of an Emergency in the Energy Sector I. General provisions
  3. The Procedure for Supplying Consumers with Energy and/or Energy Resources in the Event of an Emergency in the Energy Sector (hereinafter referred to as the Procedure) regulates the supply of energy and/or energy resources to consumers in the event of an emergency in the energy sector (hereinafter referred to as an emergency), as well as preparedness for an emergency and its management.
  4. This Procedure shall be observed by state and municipal institutions and agencies, enterprises engaged in the extraction, processing, production, import, export, transit, storage, loading, transportation, transmission, distribution, supply of, and trade in energy resources or energy, the accumulation and maintenance of state stocks of petroleum products and crude oil, the operation of energy facilities and equipment (hereinafter referred to as energy enterprises), as well as other legal and natural persons using energy resources or energy (hereinafter referred to as consumers).
  5. The terms used in this Procedure correspond to the terms as defined in the Law of the Republic of Lithuania on Energy, the Law of the Republic of Lithuania on State Stocks of Petroleum Products and Crude Oil (Valstybės Žinios (Official Gazette) No 72-3008, 2002) and the Law of the Republic of Lithuania on Civil Protection (Valstybės Žinios (Official Gazette) No 115-3230, 1998). II. preparedness for an emergency and its management
  6. The matters of preparedness for an emergency and its management are regulated by the Law of the Republic of Lithuania on Civil Protection, legal acts implementing its provisions and this Procedure. Pursuant to this Procedure, an emergency shall be managed, within their competence, by: 4.
  7. the Government of the Republic of Lithuania; 4.
  8. the Emergency Commission of the Government of the Republic of Lithuania; 4.
  9. the Ministry of Economy; 4.
  10. county governors; 4.
  11. municipalities.
  12. The Government of the Republic of Lithuania shall perform the following functions: 5.
  13. take decisions on the declaration or recall of an emergency, determine the duration of an emergency; 5.
  14. take decisions on the extraction, processing, production, import, export, transit, storage, loading, transportation, transmission, distribution, supply of, and trade in energy resources or energy, the accumulation and maintenance of state stocks of petroleum products and crude oil, the operation of energy facilities and equipment, as well as the procedure for the consumption of energy resources and energy in the event of an emergency in the energy sector; 5.
  15. take decisions to use state stocks of petroleum products and crude oil. Decisions shall be taken on the proposal of the Ministry of Economy or in the event of the reduced supply of petroleum products or crude oil by more than 10% of the normal supply.
  16. The Emergency Commission of the Government of the Republic of Lithuania shall perform the following functions: 6.
  17. impose restrictions on the supply and consumption of energy resources and energy in respect of energy enterprises and consumers; 6.
  18. take decisions to freeze or regulate the prices of energy resources and energy, and of services; 6.
  19. put forward proposals to the Government of the Republic of Lithuania on the takeover of the administration of economic entities; 6.
  20. take decisions on authorisation to import, produce, sell and use petroleum products or other fuel that are not in compliance with the obligatory quality indicators, environmental requirements or standards which are in force in the country.
  21. The Ministry of Economy shall perform the following functions: 7.
  22. evaluate the state of the supply of energy resources and energy to energy enterprises and consumers on a national scale; 7.
  23. submit to the Government of the Republic of Lithuania draft resolutions on the declaration and recall of an emergency; 7.
  24. upon the decision of the Government of the Republic of Lithuania to use state stocks of petroleum products and crude oil, establish the quantities, nomenclature of stocks permitted to be consumed, as well as the procedure for their distribution; 7.
  25. in the event of an emergency, draw up and submit proposals to the Emergency Commission of the Government of the Republic of Lithuania on the implementation of the measures specified in point 6 of this Procedure.
  26. County governors and municipalities shall, in accordance with the provisions laid down in legal acts referred to in points 17, 18, 22 and 25 of this Procedure, draw up and co-ordinate with energy enterprises the lists of economic entities within the territories of counties and municipalities, where economic entities should be broken down by importance, as well as by priority of applying restrictions on the supply of energy resources and energy. In addition, municipalities shall control the implementation of the provisions laid down in point 10 of this Procedure.
  27. Energy enterprises shall be responsible for preparedness for an emergency. Upon the declaration of an emergency, energy enterprises must be prepared to act in accordance with the instructions of the Government of the Republic of Lithuania and the Emergency Commission of the Government of the Republic of Lithuania on the supply of energy resources or energy, restrictions on consumption and the freezing or setting of prices.
  28. Energy enterprises must draw up and submit to the municipalities within the territory whereof they are established plans for preparedness for an emergency (hereinafter referred to as plans). Plans must provide for the following measures: 10.
  29. ensuring of the activities of enterprises in the event of an emergency; 10.
  30. best possible supply of energy resources and energy to consumers; 10.
  31. use of alternative energy resources; 10.
  32. reducing the consumption of energy resources and energy in an enterprise; 10.
  33. restrictions on the supply of energy resources and energy to consumers.
  34. Energy enterprises of strategic importance to Lithuania’s security, as well as energy enterprises supplying energy resources or energy to consumers of more than one county or to energy enterprises supplying energy to consumers of more than one county, must submit the plans referred to in point 10 of this Procedure to the Ministry of Economy and the municipalities within the territory whereof they are established. III. regulation of an emergency
  35. An emergency may be declared on the entire territory of the country or on a particular part thereof.
  36. Grounds for declaring an emergency may be: 13.
  37. the declaration of a state of war; 13.
  38. the declaration of a state of emergency; 13.
  39. the state of war, military actions or the state of emergency in the neighbouring states; 13.
  40. the emergency in the energy sector in the neighbouring states; 13.
  41. economic blockades; 13.
  42. major accidents or disasters in energy facilities; 13.
  43. disruptions in the supply of energy resources or energy for reasons not depending on the activities of energy enterprises.
  44. Upon the declaration of an emergency, energy resources and energy shall be supplied in a restricted mode, taking into account all circumstances and condition of different energy sectors. Restrictions shall apply to the entire territory of the country or to a particular part thereof. During the period of the state of war and, where appropriate, during the period of the state of emergency, the supply of the national defence system with energy resources shall not be restricted in order to ensure the performance of the necessary functions of the national defence system.
  45. The responsibility for the implementation of the established measures restricting the supply and consumption of energy resources and energy in the event of an emergency shall lie with energy enterprises and consumers.
  46. Energy enterprises supplying energy resources or energy to consumers may not set unreasonably high prices of these resources or energy and their supply.
  47. In the event of an emergency, the supply of electricity shall be restricted or suspended in accordance with the Rules for the Electricity Supply and Consumption approved by Order No 398 of the Minister of Economy of 29 December 2001 (Valstybės Žinios (Official Gazette) No 3-88, 2002).
  48. In the event of an emergency, the supply of thermal energy shall be restricted or suspended in accordance with the Rules for the Heat Supply and Consumption approved by Order No 20 of the Minister of Economy of 12 January 2000 (Valstybės Žinios (Official Gazette) No 6-168, 2000).
  49. Energy enterprises may start using reserve fuel stocks during an emergency upon agreement with the Ministry of Economy.
  50. Energy enterprises shall have the right, on their own initiative, to suspend or restrict the supply of energy to consumers without delay, when accidents should be localised, when human life, health or property are threatened. In these cases energy enterprises must, within 24 hours, notify consumers of the reasons for and duration of any restriction or suspension of the supply. In the case of a sudden interruption in the supply of energy or energy resources energy enterprises must take all the necessary actions without delay, as well as notify thereof the Ministry of Economy and the Emergency Commission of the Government of the Republic of Lithuania.
  51. An emergency shall not be declared, while energy enterprises may apply restrictions when the supply of energy resources or energy is reduced for a short period of time due to necessary repairs.
  52. In the event of an emergency, the supply (sale, transmission, distribution) of gas shall be restricted or suspended in accordance with the Rules for the Transmission, Distribution, Storage and Supply of Natural Gas approved by Order No 43 of the Minister of Economy of 5 February 2002 (Valstybės Žinios (Official Gazette) No 15-598, 2002).
  53. In the event of an emergency, enterprises operating in the sector of crude oil and petroleum products (hereinafter referred to as oil enterprises) must take all the necessary measures to retain the network of the supply (trade and distribution) of petroleum products to consumers that was operational before the declaration of this emergency and to be able to supply petroleum products to the same territory of the country that was provided with supplies before the declaration of the emergency. Petroleum products that are sold in an emergency must be distributed evenly throughout the entire territory of the country.
  54. In the event of an emergency, tariffs on the loading and transportation of petroleum products shall not exceed the tariffs applied before the declaration of the emergency, and prices of petroleum products shall not exceed prices on the North West Europe (NWE) market or prices of Rotterdam region (taking into account transportation, loading and insurance costs).
  55. In the event of an emergency, restrictions on the supply and consumption of petroleum products shall apply to the minimum extent to special services and state authorities, as well as to enterprises producing, extracting, importing, loading or transporting petroleum products or crude oil for domestic use. The Ministry of Economy shall set a detailed plan for the application of restrictions on the supply and consumption of petroleum products to energy enterprises and other consumers.
  56. The state stocks of petroleum products and crude oil permitted to be used shall be distributed to oil enterprises operating a network for the supply (sale, distribution) of petroleum products to consumers, in proportion to the market share of these enterprises before the declaration of the emergency.
  57. In the event of an emergency, local resources shall be used for energy production, as well as for public and special transport needs.
  58. Enterprises exporting biofuel (wood, peat, straw and the following products of this biofuel: paper wood, briquettes, etc.) must suspend the export of these resources to ensure adequate supply to biofuel consumers, as well as increase stocks of this fuel.
  59. Enterprises supplying wood to wood processing enterprises must reduce and, if appropriate, suspend the supply of wood to satisfy the fuel demand.
  60. In the event of an emergency, restrictions on the supply of energy resources and energy to consumers, as well as restrictions on consumption shall be announced publicly through the mass media. Energy enterprises, municipalities, the county governor, the Emergency Commission of the Government of the Republic of Lithuania and other institutions must, within their competence, inform consumers thereof.
  61. The Ministry of Economy must notify the European Commission of decisions of the Government of the Republic of Lithuania to use state stocks of petroleum products and crude oil in accordance with the procedure established by law.
  62. State and municipal institutions and agencies shall have the right to receive information from energy enterprises that is necessary for the performance of the functions specified in this Procedure. IV. Final Provisions
  63. State and municipal institutions and agencies, energy enterprises and consumers shall be held liable under law for violations of this Procedure.
  64. In the event of an emergency, state control of energy enterprises shall be exercised, within their competence, by officials of the State Energy Inspectorate under the Ministry of Economy, the State Non Food Products Inspectorate under the Ministry of Economy, the Tax Inspectorate under the Ministry of Finance, the Customs Department under the Ministry of Finance, police, national defence and other state and municipal institutions and agencies. ––––––––––––––––

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