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LIETUVOS RESPUBLIKOS APLINKOS MINISTRO

LIETUVOS RESPUBLIKOS APLINKOS MINISTRO Oficialus vertimas 2007 08 27 CURRENT VERSION Technical Construction Regulation STR 1.02.07:2004 The description of the procedure to QUALIFY FOR the right OF THE designer of a construction works, contractor of construction, manager of DESIGN or construction and contractor of expert examination of design documentation or construction works. THE RULES OF RECOGNISING IN THE REPUBLIC OF LITHUANIA THE DOCUMENTS ISSUED IN A FOREIGN STATE SUBMITTED BY NATURAL PERSONS, LEGAL PERSONS OR OTHER FOREIGN ORGANISATIONS CONFIRMING THE RIGHT TO WORK IN THE MAIN AREAS OF TECHNICAL CONSTRUCTION ACTIVITIES IN THE COUNTRY OF ORIGIN CHAPTER I. General provisions

  1. On the basis of the Law on Construction [4.1] and in accordance with the authority granted to the Ministry of Environment by subparagraphs 1.1.9 and 1.1.3 of Resolution No 280 of the Government of the Republic of Lithuania of 26 February 2002 On the Implementation of the Law on Construction of the Republic of Lithuania [4.2], this Technical Construction Regulation (hereinafter referred to as “the Regulation”) specifies the mandatory requirements to qualify for a right to perform the following activities in the Republic of Lithuania (hereinafter referred to as “Right”): 1.
  2. designer of a non-exceptional significance construction works; 1.
  3. designer of an exceptional significance construction works; 1.
  4. contractor of construction of a non-exceptional significance construction works; 1.
  5. contractor of construction of an exceptional significance construction works; 1.
  6. manager of design of a construction works; 1.
  7. manager of construction of a construction works; 1.
  8. contractor of expert examination of the design documentation of a construction works or contractor of expert examination of a construction works.
  9. The procedure to acquire the Right to perform the activities specified in paragraph 1 of the Regulation is established in Chapters IV-VI of the Regulation. The Right to be the designer, contractor of construction or contractor of expert examination of an exceptional significance construction works acquired in accordance with the procedure established in the Regulation grants a right to perform the respective activities in a non-exceptional significance construction works as well. The provisions of the Regulation shall also be applicable when qualifying for the right to be the designer, contractor of construction of a construction works or contractor of expert examination of the design documentation of a construction works in a cultural heritage construction works.
  10. The provisions of the Regulation shall be mandatory to all participants of a construction process, public administration bodies as well as legal and natural persons whose principles of activities in the construction sector are established by the Law on Construction [4.1]. CHAPTER II. References
  11. The following documents are referenced in the Regulation: 4.
  12. The Law on Construction of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 32-788, 1996; No 101-3597, 2001; No 124-5625, 2002; No 104-4649, No 123-5592, 2003; No 73- 2545, 2004); 4.
  13. Resolution No 280 of the Government of the Republic of Lithuania of 26 February 2002 On the Implementation of the Law on Construction of the Republic of Lithuania (Valstybės žinios (Official Gazette), No 22-819, 2002; No 30-983, No 103-3787, 2004); 4.
  14. The Law on Protection of Immovable Cultural Properties of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 3-37, 1995; No 153-5571, 2004); 4.
  15. Technical Construction Regulation STR 1.01.09:2003 “Classification of Buildings According to the Purpose of Their Use” (Valstybės žinios (Official Gazette) No 58-2611, 2003); 4.
  16. Technical Construction Regulation STR 1.05.06:2005 “Design of a Construction Works” (Valstybės žinios (Official Gazette) No 4-80, 2005); 4.
  17. Technical Construction Regulation STR 1.08.02:2002 “Construction Work” (Valstybės žinios (Official Gazette) No 54-2150, 2002); 4.
  18. Technical Construction Regulation STR 1.06.03:2002 “Expert Examination of the Design Documentation of a Construction Works and Expert Examination of a Construction Works” (Valstybės žinios (Official Gazette) No 55-2200, 2002); 4.
  19. Technical Construction Regulation STR 1.02.06:2005 “The Description of the Procedure to Qualify for the Right to Serve as a Head in the Main Areas of Technical Construction Activities. The Rules of Recognition of Foreign Civil Engineering Diplomas in the Republic of Lithuania.” CHAPTER III. The main definitions
  20. The definitions applicable to the Regulation are defined in the Law on Construction [4.1] and the Law on Protection of Immovable Cultural Properties of the Republic of Lithuania [4.3]. The definitions that apply only to this Regulation are defined in this Chapter: 5.
  21. member state shall mean any member state of the European Union, the Swiss Confederation or a state party to the Agreement on the European Economic Area; 5.
  22. another country shall mean any country except for the Republic of Lithuania or a member state; 5.
  23. foreign state shall mean any state except for the Republic of Lithuania; 5.
  24. Applicant shall mean a legal person, Another Organisation, an architect or a civil engineer registered in the Republic of Lithuania or a foreign state seeking a right to be the designer, contractor of construction, manager of design or construction of a construction works or the contractor of expert examination of design documentation or a construction works in the Republic of Lithuania; 5.
  25. Another Organisation shall mean an organisation established in a member state or another country without the status of a legal person but with legal capacity in civil matters under the laws of that state; 5.
  26. Certificate of Competence shall mean a document issued by the Ministry of Environment granting a right the be the designer or the manager of construction of an exceptional significance construction works or the contractor of expert examination of design documentation or a construction works; 5.
  27. Scientific Institution shall mean an establishment of science and education in the area of construction, architecture or another related area. 5.
  28. Essential solutions of design documentation shall mean the solutions of the design documentation of a construction works related to the location of a construction works on the land plot, the purpose of the land plot, construction works or its parts, the permissible construction density of the land plot, the permissible construction intensity of the land plot and the permissible height of a construction works, and related to the requirements set by a regulation on the protection of a protected territory or a temporary regulation on the protection of a cultural heritage construction works, as well as to the requirements of heritage protection. CHAPTER IV. The right ACQUIRED BY legal and natural persons of the Republic of Lithuania
  29. A legal person, Scientific Institution, an architect or a civil engineer shall acquire the Right to be the designer of a non-exceptional significance construction works in accordance with the laws and other legislation of the Republic of Lithuania [4.1].
  30. A legal person or a Scientific Institution shall acquire the Right to be the designer of an exceptional significance construction works by certification and issuance of a Certificate for the respective activities. The qualification requirements are listed in Appendix 1 of the Regulation. The procedure of certification is described in Chapter VIII of the Regulation.
  31. A legal person or a civil engineer shall acquire the Right to be the contractor of construction of a non-exceptional significance construction works in accordance with the laws and other legislation of the Republic of Lithuania [4.1].
  32. A legal person shall acquire the Right to be the contractor of construction of an exceptional significance construction works by certification and issuance of a Certificate for the respective activities. The qualification requirements are listed in Appendix 1 of the Regulation. The procedure of certification is described in Chapter VIII of the Regulation.
  33. A legal person, an architect or a civil engineer shall acquire the Right to be the manager of design of a construction works (non-exceptional and exceptional) in accordance with the laws and other legislation of the Republic of Lithuania [4.1].
  34. A legal person or a civil engineer shall acquire the Right to be the manager of construction of a construction works (non-exceptional and exceptional) in accordance with the laws and other legislation of the Republic of Lithuania [4.1].
  35. A legal person shall acquire the Right to be the contractor of expert examination of the design documentation of a construction works (non-exceptional, exceptional, or the one included in the State Investment Programme) or expert examination of a construction works by certification and issuance of a Certificate for the respective activities. The qualification requirements are listed in Appendix 1 of the Regulation. The procedure of certification is described in Chapter VIII of the Regulation. Chapter V. the right ACQUIRED BY legal persons, other organisations and natural persons of member states
  36. The provisions of this Chapter are not applicable to legal and natural persons of the Republic of Lithuania.
  37. A legal person, a Scientific Institution, Another Organisation, an architect or a civil engineer shall acquire the Right to be the designer of a non-exceptional significance construction works when the Ministry of Environment recognises the documents they have submitted proving their right to perform these activities in the country of origin (hereinafter referred to as “the Documents”) and issues a Right Recognition Certificate. The Rules of the Recognition of Documents and the Right are set out in Chapter VII of the Regulation.
  38. A legal person, a Scientific Institution, Another Organisation, an architect or a civil engineer shall acquire the Right to be the designer of an exceptional significance construction works when the Ministry of Environment recognises their Documents and issues a Right Recognition Certificate. The rules of the recognition of Documents and the Right are set out in Chapter VII of the Regulation. If a legal person, a Scientific Institution or Another organisation fail to submit the Documents or the Ministry of Environment does not recognize them, the Right specified in this paragraph shall be acquired by certification and issuance of a Certificate of Competence in accordance with the procedure established in the Regulation. The qualification requirements are listed in Appendix 1 of the Regulation. The procedure of certification is described in Chapter VIII of the Regulation.
  39. A legal person, Another organisation or a civil engineer shall acquire the Right to be the contractor of construction of a non-exceptional significance construction works when the Ministry of Environment recognises their Documents and issues a Right Recognition Certificate. The rules of the recognition of Documents and the Right are specified in Chapter VII of the Regulation.
  40. A legal person, Another organisation or a civil engineer shall acquire the Right to be the contractor of construction of an exceptional significance construction works when the Ministry of Environment recognises their Documents and issues a Right Recognition Certificate. The rules of the recognition of Documents and the Right are specified in Chapter VII of the Regulation. If a legal person, a Scientific Institution or Another organisation fails to submit the Documents or the Ministry of Environment does not recognize such Documents, they shall acquire the Right specified in this paragraph by certification and issuance of a Certificate of Competence in accordance with the procedure established in the Regulation. The qualification requirements are listed in Appendix 1 of the Regulation. The procedure of certification is described in Chapter VIII of the Regulation.
  41. A legal person, Another Organisation, an architect or a civil engineer shall acquire the Right to be the manager of design of a construction works (non-exceptional and exceptional) when the Ministry of Environment recognises their Documents and issues a Right Recognition Certificate. The rules of the recognition of Documents and the Right are set out in Chapter VII of the Regulation.
  42. A legal person, Another Organisation and a civil engineer shall acquire the Right to be the manager of construction of a construction works (non-exceptional and exceptional) when the Ministry of Environment recognises their Documents and issues a Right Recognition Certificate. The rules of recognition of Documents and the Right are set out in Chapter VII of the Regulation.
  43. A legal person, Another Organisation, an architect and a civil engineer shall acquire the Right to be the contractor of expert examination of the design documentation of a construction works (non-exceptional, exceptional or the one included in the State Investment Programme) or expert examination of a construction works when the Ministry of Environment recognises their Documents and issues a Right Recognition Certificate. The rules of the recognition of Documents and the Right are set out in Chapter VII of the Regulation. If a legal person or Another organisation fails to submit the Documents or the Ministry of Environment does not recognize such Documents, they shall acquire the Right specified in this paragraph by certification and issuance of a Certificate of Competence in accordance with the procedure established in the Regulation. The qualification requirements are listed in Appendix 1 of the Regulation. The procedure of certification is described in Chapter VIII of the Regulation. Chapter VI. The right ACQUIRED BY legal persons, other Organisations aND natural persons of another country
  44. A legal person, a Scientific Institution, Another Organisation, an architect or a civil engineer shall acquire the Right to be the designer of a non-exceptional significance construction works when the Ministry of Environment recognises their Documents and issues a Right Recognition Certificate. The rules of the recognition of Documents and the Right are set out in Chapter VII of the Regulation.
  45. A legal person or Another Organisation shall acquire the Right to be the designer of an exceptional significance construction works by certification and issuance of a Certificate of Competence for the respective activities. The qualification requirements are listed in Appendix 1 of the Regulation. The procedure of certification is described in Chapter VIII of the Regulation.
  46. A legal person, Another Organisation or a civil engineer shall acquire the Right to be the contractor of construction of a non-exceptional significance construction works when the Ministry of Environment recognises their Documents and issues a Right Recognition Certificate. The rules of the recognition of Documents and the Right are set out in Chapter VII of the Regulation.
  47. A legal person or Another Organisation shall acquire the Right to be the contractor of construction of an exceptional significance construction works by certification and issuance of a Certificate of Competence for the respective activities. The qualification requirements are listed in Appendix 1 of the Regulation. The procedure of certification is described in Chapter VIII of the Regulation.
  48. A legal person, Another Organisation, an architect or a civil engineer shall acquire the Right to be the manager of design of a construction works (non-exceptional and exceptional) when the Ministry of Environment recognises their Documents and issues a Right Recognition Certificate. The rules of the recognition of Documents and the Right are set out in Chapter VII of the Regulation.
  49. A legal person, Another Organisation or a civil engineer shall acquire the Right to be the manager of construction of a construction works (non-exceptional and exceptional) when the Ministry of Environment recognises their Documents and issues a Right Recognition Certificate. The rules of the recognition of Documents and the Right are set out in Chapter VII of the Regulation.
  50. A legal person or Another Organisation shall acquire the Right to be the contractor of expert examination of the design documentation of a construction works (non-exceptional, exceptional, included in the State Investment Programme) or expert examination of a construction works by certification and issuance of a Certificate of Competence for the respective activities. The qualification requirements are listed in Appendix 1 of the Regulation. The procedure of certification is described in Chapter VIII of the Regulation. Chapter VII. THE RULES OF RECOGNISING IN THE REPUBLIC OF LITHUANIA THE DOCUMENTS ISSUED IN A FOREIGN STATE THAT ARE SUBMITTED BY NATURAL PERSONS, LEGAL PERSONS, OTHER FOREIGN ORGANISATIONS AND THAT CONFIRM THE RIGHT TO WORK IN THE MAIN AREAS OF TECHNICAL CONSTRUCTION ACTIVITIES IN THE COUNTRY OF ORIGIN
  51. In the cases specified in Chapters V and VI of the Regulation, the Right shall be granted by recognising the Documents of an Applicant in the Republic of Lithuania which are required to legalize the respective activities or to perform those activities according to the current legislation of the country in which the Applicant is established or of which he is a citizen (hereinafter referred to as “the country of origin”) and which prove a right of the Applicant to perform those activities in the country of origin.
  52. Technical work related to the procedures of recognition of Documents shall be performed by the state enterprise Statybos produkcijos sertifikavimo centras (Certification Centre of Building Products), Linkmenų g. 28, LT-08217 Vilnius (hereinafter referred to as “SPSC”).
  53. An Applicant shall file an application addressed to the Ministry of Environment with SPSC for the recognition of the Right held by the Applicant in the country of origin and of the submitted Documents as well as for a Right Recognition Certificate (hereinafter referred to as “Certificate on the Right”). The following documents shall be attached to the application: 30.
  54. copies of the Documents with their translation into the state language; 30.
  55. a copy of an ID document (passport or another document) and a document on surname change (if the surname was changed) – applies only to natural persons; 30.
  56. for Applicants from the countries which have signed and ratified the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents of 5 October 1961: the Documents proving qualification and the fact of establishment with an Apostille; 30.
  57. for Applicants from the countries that have signed agreements on legal assistance or other international or intergovernmental agreements with the Republic of Lithuania: an authentication of Documents (copies or translations) following the procedure on the recognition of documents specified in such agreements. 30.
  58. copies of the constituent instruments of the Applicant; 30.
  59. a certificate confirming the payment of taxes; 30.
  60. a filled in data card of the company (see Appendix 3 of the Regulation); 30.
  61. a certificate on the heads working in the Applicant’s organisation (see Appendix 4 of the Regulation); 30.
  62. the list of works performed by the Applicant (see Appendix 5 of the Regulation).
  63. Having received an Applicant’s application and the documents specified in paragraph 30 of the Regulation, SPSC shall check them and: 31.
  64. if all the required documents have been submitted, shall register the application within 5 workdays and inform the Applicant in writing about the registration; 31.
  65. if any of the required documents are missing, shall inform the Applicant in writing about the missing documents within 5 workdays and state that the application is not registered; 31.
  66. having received the missing documents, shall register the application within 5 workdays and inform the Applicant in writing about the registration.
  67. Having registered an Applicant’s application, SPSC shall pass the application and the Documents to the Certification Commission. The Minister of Environment shall appoint the Certification Commission by an order and approve its rules of procedure.
  68. The Certification Commission shall be responsible for the justification and objectiveness of its decisions and for keeping an Applicant’s commercial secrets.
  69. Having analysed the submitted documents, the Certification Commission shall make one of the following decisions: 34.
  70. to recognise the Documents and to issue a Certificate; 34.
  71. not to recognize the Documents and not to issue a Certificate if it is determined that the Applicant: 34.2.
  72. committed the violations specified in paragraphs 51.1–51.2 of the Regulation within the last year; 34.2.
  73. committed the violations specified in paragraph 51.3 of the Regulation within the last two years.
  74. The decision of the Certification Commission shall be recorded in the minutes. If a decision is made to recognise the Documents, SPSC shall send the Certificate to the Applicant within 45 days after the registration of the application. The Certificate shall be signed by the Undersecretary of the Ministry of Environment who supervises the certification of specialists and construction companies working in the main areas of construction (hereinafter referred to as “the Undersecretary of the Ministry of Environment”) and the Chairperson of the Certification Commission. The Certificate shall be valid up to 5 years. The Certificate shall include: 35.
  75. the date of issuing and the reference number of the Certificate; 35.
  76. the holder of the Documents (the name of a legal person or Another Organisation, the name and surname of a natural person); 35.
  77. the activities (one or several) in respect of which the right of the Applicant is recognised in the Republic of Lithuania (according to the list in paragraph 1 of the Regulation); the right (from the ones listed in paragraphs 1.2, 1.4 or 1.7 of the Regulation) to perform the respective activities in a cultural heritage construction works may be specified additionally; 35.
  78. the groups of construction works: from the ones listed [4.4]; 35.
  79. the areas of work: the areas of design and expert examination (except for expert examination of a construction works) – according to the parts of solutions of design documentation specified [4.5]; the areas of expert examination of a construction works – according to the parts of design documentation specified [4.5], except for the following parts: general, architectural, preparation for construction and organisation of construction work, determination of the estimated price of construction, economic, and the list of input amounts; the areas of construction work – according to the ones specified [4.6]; 35.
  80. data about the recognised Documents: 35.6.
  81. the titles and reference numbers of the Documents; 35.6.
  82. the dates of issuing and reference numbers of the Documents; 35.6.
  83. holder of the Documents; 35.6.
  84. the name of a foreign state and the names of the institutions that issued the Documents, and the right granted by the Documents; 35.
  85. the date and reference number of the minutes of the Certification Commission; 35.
  86. the expiry date of the Certificate; 35.
  87. the functions, names, signatures of the persons who signed the Certificate.
  88. Should the Certification Commission decide to not to issue a Certificate, SPSC shall inform the Applicant about the fact in writing within 30 days from the registration of the Applicant’s application. Chapter VIII. The description of the procedure OF certification of designers of Construction works, contractors of construction of construction WORKS, contractors of expert examination of THE design documentation of construction WORKS AND CONTRACTORS OF EXPERT EXAMINATION OF CONSTRUCTION WORKS
  89. The provisions of this Chapter shall be applicable when the Right is acquired by certification in the cases specified in Chapters IV, V and VI of the Regulation, as well as when certification is not mandatory in the cases specified in those Chapters but an Applicant desires to receive a Certificate of Competence of the designer or contractor of construction of a non-exceptional significance construction works. An Applicant shall file an application addressed to the Ministry of Environment with SPSC for a Certificate of Competence. The application must include: 37.
  90. the date when the application was submitted; 37.
  91. the name of the Applicant; 37.
  92. the types of activities: design of a construction works (its part); construction of a construction works (general construction operations, special construction operations); expert examination of the design documentation of a construction works (general, partial); expert examination of a construction works; activities in a cultural heritage construction works (from the ones specified in paragraphs 1.2, 1.4 or 1.7 of the Regulation) may be specified additionally; 37.
  93. categories of construction works: non-exceptional significance construction works, exceptional significance construction works; construction works included in the State Investment Programme (in the case of expert examination of the design documentation of a construction works); 37.
  94. groups of construction works: according to the ones listed [4.4]; 37.
  95. areas of work: according to the ones listed in paragraph 35.5 of the Regulation; 37.
  96. the list of documents attached to the application (according to paragraph 39).
  97. The application shall be printed on the Applicant’s letterhead.
  98. The following documents shall be included with the application: 39.
  99. copies of the Applicant’s constituent instruments and the Articles of Association; 39.
  100. a data card (Appendices 2 and 3 of the Regulation); 39.
  101. a certificate about the heads working in the organisation of the Applicant (Appendix 4 of the Regulation) who have obtained a Certificate of Competence, a Right Recognition Certificate or a Right Granting Certificate [4.8] of the Ministry of Environment according to the procedure established [4.8], copies of the certificates of such heads and copies of their employment agreements with the Applicant; 39.
  102. the list of work performed (services provided) within the last year (Appendix 5 of the Regulation). Newly established Applicants seeking a Certificate of Competence in the category of a non-exceptional significance construction works must provide the lists of construction works designed, constructed or examined by the heads [4.8] working in the organisation of the Applicant; 39.
  103. copies of annual reports about the activities of the Applicant in the area of design or expert examination of construction works (for last two years) submitted to the Ministry of Environment (reports are not required when an Applicant is newly established and has not performed any expert examinations) – applies only to Applicants established in the Republic of Lithuania; 39.
  104. references (at least two) from builders (clients), associations (if the Applicant is a member of an association), Scientific Institutions or creative unions about the designed or constructed construction works, examined construction works or the design documentation of construction works. If an Applicant wants to extend a Certificate of Competence after its expiry, at least one reference (in a free form) shall be presented – applies only to Applicants established in the Republic of Lithuania; 39.
  105. a declaration confirmed by the Applicant or a certificate of the State Tax Inspectorate confirming the payment of taxes, including the cases specified in paragraphs 47.1.1–47.1.3; 39.
  106. the list of workers according their professions and copies of the certificates of workers who need qualification certificates (high-scalers, welders, slingers, crane operators, elevator maintenance personnel etc. and occupational safety specialists); 39.
  107. a document proving the registration in the Ministry of Environment of construction rules (procedural rules for design work in the case of design; construction rules in the case of construction; procedural rules for expert examination work in the case of expert examination) approved according to the procedure established and registered in the Ministry of Environment – applies only to Applicants registered in the Republic of Lithuania; 39.
  108. information from the institutions of state supervision of construction about past accidents in construction works in the construction process [4.1] of which the applicant participated – applies only to Applicants registered in the Republic of Lithuania.
  109. Having received an Applicant’s application and the documents listed in paragraph 39, SPSC shall check them and: 40.
  110. if all required documents have been submitted, shall register the application within 5 workdays and inform the Applicant in writing about the registration; 40.
  111. if some of the required documents are missing, shall inform the Applicant about the missing documents in writing within 5 workdays and state that the application is not registered. 40.
  112. having received the missing documents, shall register the application within 5 workdays and inform the Applicant in writing about the registration; 40.
  113. shall prepare recommendations on certification of the Applicant and present them to the Certification Commission.
  114. Having analysed the documents and recommendations submitted by SPSC, the Certification Commission shall make one of the following decisions: 41.
  115. to issue a Certificate of Competence to the Applicant; 41.
  116. not to certify the Applicant if it is established that the Applicant: 41.2.
  117. committed the violations specified in paragraphs 51.1–51.2 of the Regulation within the last year; 41.2.
  118. committed the violations specified in paragraph 51.3 of the Regulation within the last two years.
  119. The decision of the Certification Commission shall be recorded in a separate minutes. The Certification Commission has a right: 42.
  120. to obtain additional information about the Applicant from state and municipal institutions, economic operators, science and education establishments, associations, independent specialists and institutions of state supervision of requirements applicable to the safety and purpose of construction and construction works; 42.
  121. to invite science and education establishments, public organisations involved in the areas of construction and certified companies of expert examination to provide the Certification Commission with conclusions on expert examination acts submitted by the Applicant.
  122. The Certification Commission shall be responsible for the justification and objectiveness of its decisions and for keeping an Applicant’s commercial secrets.
  123. Should the Certification Commission make a decision to issue a Certificate of Competence, SPSC shall issue the Certificate of Competence to the Applicant within 45 days after the registration of the application. The Certificate of Competence shall be signed by the Undersecretary of the Ministry of Environment and the Chairperson of the Certification Commission.
  124. Should the Certification Commission decide not to certify the Applicant, SPSC shall inform the Applicant about the fact in writing within 30 days from the registration of documents.
  125. The Certificate of Competence shall include: 46.
  126. the reference number of the Certificate of Competence; 46.
  127. the name, code, address of the Applicant; 46.
  128. types of activities according to paragraph 37.3 of the Regulation; 46.
  129. categories of construction works – according to paragraph 37.4 of the Regulation; 46.
  130. groups of construction – from the ones listed [4.4]; 46.
  131. areas of work – according to the ones specified in paragraph 35.5 of the Regulation; 46.
  132. no longer valid; 46.
  133. the expiry date of the Certificate of Competence; 46.
  134. the date and reference number of the minutes of the Certification Commission;
  135. A Certificate of Competence shall be valid for: 47.
  136. one year if: 47.1.
  137. the Applicant fails to pay the value added tax to the budget due to late income for work or services funded from the state budget of the Republic of Lithuania or municipal budgets, the Privatisation Fund or the Road Fund – when Resolution No 1291 of the Government of the Republic of Lithuania of 23 November 1999 On the Term of Payment of the Value Added Tax (Valstybės Žinios (Official Gazette) No 102-2926, 1999) is applicable; 47.1.
  138. the Applicant covers the debts by shares or assets – when Resolution No 1218 of the Government of the Republic of Lithuania of 13 October 1998 “On the Procedure of Tax Payer Payments by Shares and Assets to State and Municipal Budgets of the Republic of Lithuania and the Budget of the State Social Insurance Fund (Valstybės Žinios (Official Gazette) No 91-2520, 1998; No 77-2342, 2000) is applicable; 47.1.
  139. the term of debt payment has been extended for the applicant – when the provision of Article 52-1 (deference of the discharge of arrears in payments to the budget and funds) of the Law on Tax Administration of the Republic of Lithuania of 28 June 1995 (Valstybės Žinios (Official Gazette) No 61-1525, 1995; No 68-1978, 1998) is applicable; 47.
  140. two years, if issued for the first time; 47.
  141. five years, when extending a Certificate of Competence.
  142. A control copy of the Certificate of Competence signed by the technical secretary of the Certification Commission and the documents on the certification of an Applicant shall be kept by SPSC for five years after the expiry of the Certificate of Competence.
  143. A Certificate of Competence may be extended if an Applicant files an application and documents specified in paragraph 39 of the Regulation with SPSC at least two months prior to the expiry of the Certificate of Competence, under condition that no violations specified in paragraph 51 of the Regulation have been made and the Applicant meets the qualification requirements specified in Appendix 1 of the Regulation.
  144. If name and/or place of registration of a legal person holding of a Certificate of Competence or Certificate on the Right changes but the type of activities and the code of the legal person do not change, the holder of a Certificate of Competence or Certificate on the Right shall file an application addressed to the Ministry of Environment for a new Certificate of Competence or a new Certificate on the Right with SPSC. The following documents must be attached to the application: a notarised copy of the new registration certificate of the legal person, a copy of the Articles of Association, and a certificate of the State Tax Inspectorate confirming the payment of taxes issued for the company of the old name. The previous Certificate of Competence or Certificate on the Right shall be valid for up to two months from the change of a company’s name and/or place of registration. The new Certificate of Competence or Certificate on the Right must be issued within one month from the submission of documents; the previous Certificate of Competence or Certificate on the Right shall be taken without changing the registration number of the previous Certificate of Competence or Certificate on the Right. Chapter IX. suspension or cancellation of a Certificate of Competence or Certificate on THE Right
  145. At the request of public administration bodies involved in state supervision of territory planning and construction or other persons, the Certification Commission may take a decision, which must be published by SPSC on its website (www.spsc.lt) and in the supplement Informaciniai Pranešimai (Information Bulletin) of Valstybės Žinios (Official Gazette) within 5 days from the decision making, to: 51.
  146. suspend a Certificate of Competence or Certificate on the Right for one year in the following cases: 51.1.
  147. for violations of the requirements of normative construction technical documents and normative documents on the safety and purpose of a construction works, when the violations are unrelated to the requirements for the essential solutions of design documentation or the essential requirements for a construction works; 51.1.
  148. for performance of construction operations in the absence of: 51.1.2.
  149. industrial design documentation when it is mandatory [4.5], [4.6]; 51.1.2.
  150. positive findings of an expert examination of industrial design documentation (when mandatory [4.7]); 51.1.2.
  151. industrial design documentation amended according to mandatory remarks of expert examination of industrial design documentation; 51.1.2.
  152. design documentation of the technology of construction work when it is mandatory [4.6]; 51.1.
  153. for violations related to construction waste management; 51.1.
  154. for performance of construction work in the absence of mandatory documents for construction work, except for the documents specified in paragraph 51.2.5 [4.6]; 51.1.
  155. for failure to comply with reasonable instructions of officers from the institutions of state supervision of requirements related to construction and the safety and purpose of a construction works; 51.1.
  156. for failure to remove construction defects during the warranty term of a construction works; 51.1.
  157. if the contractor of expert examination fails to deliver the annual report about the activities of the expert examination to the Ministry of Environment [4.7], [4.10]; 51.1.
  158. if expert examination was performed in violation of the requirements applicable to the procedure of expert examination; 51.
  159. cancel a Certificate of Competence or a Certificate on the Right specifying that an application for a new Certificate of Competence or Certificate on the Right can be filed no sooner than in one year after the day of cancellation, in the following cases: 51.2.
  160. for performance of design work when the essential solutions of the prepared design documentation fail to comply with the requirements as well as the essential requirements for a construction works. 51.2.
  161. for positive evaluation of design documentation of a construction works in the expert examination act of the design documentation of the construction works, when the design documentation of the construction works was prepared in violation of the requirements for essential solutions of design documentation or the essential requirements for a construction works; 51.2.
  162. for inadequate instructions in the findings in an expert examination act of a construction works, when the instructions caused an accident in the construction works or its part; 51.2.
  163. for performance of construction work in violation of the essential solutions of design documentation or the essential requirements for a construction works; 51.2.
  164. for performance of construction work without a construction permit obtained according to the procedure established or with an expired permit (in the case of a simple construction works, without the mandatory document specified in normative construction technical documents or with an expired one); 51.2.
  165. for a repeated failure to comply with reasonable instructions of officers from institutions of state supervision of requirements related to construction or the safety and purpose of a construction works; 51.2.
  166. if the contractor of design, construction or expert examination no longer meets at least one of the qualification requirements specified in paragraph 1.3 of Appendix 1 of the Regulation; 51.2.
  167. when construction or expert examination work is directed by persons without the right to do that [4.8]; 51.2.
  168. when the contractor of design, construction or expert examination concludes a sub-contraction agreement with an entity that does not have a right to perform sub-contraction work specified in that agreement; 51.2.
  169. when occupational safety, fire safety, environmental safety or occupational hygiene requirements are violated by the contractor of construction in a construction site or in a construction works and people are injured due to such violations; 51.
  170. cancel a Certificate of Competence or Certificate on the Right specifying that an application for a new Certificate of Competence or Certificate on the Right can be filed no sooner than in two years after the day of cancellation, in the following cases: 51.3.
  171. the data submitted for a Certificate on the Right or certification turns out to be false; 51.3.
  172. when a fact of destruction of a cultural heritage construction works (its part) is determined; 51.3.
  173. when occupational safety, fire safety, environmental safety or occupational hygiene requirements are violated by the contractor of construction in a construction site or in a construction works and the construction works collapses or people are killed due to such violations; 51.
  174. declare a Certificate of Competence or Certificate on the Right invalid in the following cases: 51.4.
  175. reorganisation of the holder of a Certificate of Competence or Certificate on the Right; 51.4.
  176. the holder of a Certificate of Competence or Certificate on the Right terminates its activities; 51.4.
  177. a Certificate of Competence or Certificate on the Right is cancelled by a court order; 51.
  178. issue a duplicate of a Certificate of Competence or a Certificate on the Right, if the original Certificate of Competence or Certificate on the Right is lost or destroyed. In that case the holder of a Certificate of Competence or a Certificate on the Right must file a reasoned written explanation with SPSC within 10 days. The Ministry of Environment shall issue a duplicate Certificate of Competence or Certificate on the Right signed by the Undersecretary of the Ministry of Environment and the Chairperson of the Certification Commission. Chapter X. Registers of RIGHT RECOGNITION and CERTIFICATES OF Competence
  179. Registers of Right Recognition and Certificates of Compete shall be managed by SPSC. Information about the issued Certificates of Competence or Certificates on the Right shall be published on SPSC’s website www.spsc.lt.
  180. The Register of Right Recognition shall include the following data: 53.
  181. the holder of the Certificate on the Right; 53.
  182. the date of issuing and the reference number of the Certificate on the Right; 53.
  183. types of activities; 53.
  184. groups of construction works; 53.
  185. areas of work; 53.
  186. the date and reference number of the minutes of the Certification Commission; 53.
  187. the expiry date of the Certificate on the Right; 53.
  188. the date and term of the suspension of the Certificate on the Right; information about the suspension of the Certificate on the Right shall be removed from SPSC’s website when the suspension of the Certificate on the Right expires; 53.
  189. the date of cancellation of the Certificate on the Right.
  190. The Register of Certificates of Competence shall include the following data: 54.
  191. the holder of the Certificate of Competence; 54.
  192. the reference number of the Certificate of Competence; 54.3 types of activities; 54.
  193. categories of construction works; 54.
  194. groups of construction works; 54.
  195. areas of work; 54.
  196. the date and the reference number of the minutes of the Certification Commission; 54.
  197. the expiry date of the Certificate of Competence; 54.
  198. the date and term of the suspension of the Certificate of Competence; information about the suspension of the Certificate of Competence shall be removed from SPSC’s website when the suspension of the Certificate of Competence expires; 54.
  199. the date of cancellation of the Certificate of Competence. Chapter XI. Final provisions
  200. For the technical services related to the recognition of Documents and certification procedures, the Applicant shall pay SPSC according to the rates approved by the Minister of Environment prior to the meeting of the Certification Commission. If certification is postponed or denied, the paid sum shall not be refunded.
  201. The right to be the designer of a construction works or the contractor of construction of a construction works granted or recognised according to the procedure established by the Regulation shall not eliminate the obligation to have at least one head of the same main area of technical construction activities during design or construction [4.3], [4.8].
  202. A decision of the Commission not to issue, to suspend or to cancel a Certificate of Competence or a Certificate on the Right, as well as reasoned requests of the institutions of state supervision of construction to cancel or to change a decision of the Certification Commission related to the issuance of Certificates of Competence or Certificates on the Right, their extension, amendment, suspension or cancellation, may be appealed against within one month from the day the decision of the Commission is made (hereinafter referred to as “Appeal”) before the Commission of Appeal appointed by the Minister of Environment. All other claims shall be heard by the Commission.
  203. Appellants shall be informed in writing within one month from the day the Appeal was filed about the decision made after hearing the Appeal. The decision of the Commission of Appeal must be implemented within the term specified by the Commission of Appeal but no later than within one month from the day the decision of the Commission of Appeal is made.
  204. Decisions made after hearing the Applicant’s Appeal or failure to make a decision may be appealed against according to the procedure established by the Law on Administrative Proceedings of the Republic of Lithuania. ______________ STR 1.02.07:2004 Appendix 1 Qualification requirements for certification
  205. Applicants meeting the following requirements shall be certified: 1.
  206. an Applicant must be established according to the set procedure; 1.
  207. an Applicant’s financial condition, capacity and possibility to perform work: 1.2.
  208. permanent administrative-technical personnel to perform certified activities are available; 1.2.
  209. no bankruptcy cases or bankruptcy proceedings have been instituted against the Applicant; 1.2.
  210. the Applicant has paid taxes or other contributions to the state (municipal) budget and other funds in time according to the procedure established by laws, except when it is exempted from the payment taxes and of other contributions according to the procedure established by laws or the payment term is postponed; 1.
  211. the qualification of specialists working in the main areas of technical construction activities. The work must be directed by specialists working under an employment agreement. The mandatory number of such specialists is specified below when the following types of activities are indicated in the application for certification of an Applicant: 1.3.
  212. design of an exceptional significance construction works: 1.3.1.
  213. at least one head of the design documentation of an exceptional significance construction works; 1.3.1.
  214. at least one head of a part of the design documentation of an exceptional significance construction works for each main part of the design documentation of a construction works [4.5], [4.9] which the Applicant plans to complete using its own capacities; 1.3.1.
  215. when an exceptional significance construction works included in the State Investment Programme is being designed, at least one head for the economic part of the design documentation of a construction works is required; 1.3.
  216. design of a part of an exceptional significance construction works: 1.3.2.
  217. at least one head of a part of the design documentation of an exceptional significance construction works; 1.3.2.
  218. when seeking to be the designer of the economic part of an exceptional significance construction works included in the State Investment Programme, at least one head of the economic part of the design documentation of a construction works is required; 1.3.
  219. general expert examination of the design documentation of a construction works: 1.3.3.
  220. at least two heads of general expert examination of the design documentation of a construction works; at least one of them must be a specialist in the area of structures; 1.3.3.
  221. at least one head of partial expert examination of the design documentation of a construction works for each area of work which the Applicant plans to perform using its own capacities; 1.3.3.
  222. if a construction works is included in the State Investment Programme, a head of expert examination of the part of the determination of the estimated price of construction is required; 1.3.
  223. partial expert examination of design documentation of a construction works: 1.3.4.
  224. at least two heads of partial expert examination of the design documentation of a construction works; 1.3.4.
  225. if a construction works is included in the State Investment Programme, a head of expert examination of the part of design documentation relating to the determination of the estimated price of construction is required; 1.3.
  226. expert examination (general) of a construction works: at least two heads of expert examination of a construction works; at least one of them must be a specialist in the area of structures; in the case of partial expert examination of a construction works, a head of a part of a construction works according to the respective part of the design documentation of the construction works [4.5] is required. 1.3.
  227. construction of an exceptional significance construction works: at least one head of construction of an exceptional significance construction works; 1.3.
  228. special construction operations of an exceptional significance construction works: at least one head of special construction operations of an exceptional significance construction works; 1.
  229. an Applicant must have the required normative documentation to perform the work specified in the application; 1.
  230. technical facilities are available to perform the work specified in the application; 1.
  231. in order to perform the respective activities in a cultural heritage construction works, a Contractor must have entered into employment agreements with the respective heads holding such a right [4.8]; 1.
  232. Contractors seeking Certificates of Competence in the category of exceptional significance construction works must have at least a one-year experience in a respective area of technical construction activities. It shall be deemed that a Contractor meets this requirement if, after reorganisation, the rights and liabilities of a Contractor which met this requirement prior to reorganisation are transferred to it. 1.
  233. Contractors seeking Certificates of Competence for design or construction in the category of non-exceptional significance construction works must have entered into employment agreements with the number of heads specified in paragraphs 1.3.1, 1.3.2, 1.3.6 or 1.3.7 who hold the right to manage a respective area in the category of non-exceptional significance construction works. STR 1.02.07:2004 Appendix 2 Data card of an applicant from the republic of lithuania
  234. Full and short name of the Applicant
  235. Address, postal code
  236. Telephone and fax numbers, e-mail
  237. Bank data
  238. Type of activities
  239. Date of the Applicant’s establishment
  240. Main activities according to the Articles of Association
  241. Volume of performed design (construction, expert examination) work within the last year LTL __________ thousand, including: 8.
  242. using its own capacities LTL _________ thousand; 8.
  243. using subcontractors LTL _________ thousand.
  244. Breakdown of work: 9.
  245. construction of new construction works: exceptional ______ %; non-exceptional ______ %; 9.
  246. reconstruction of construction works: exceptional ______ %; non-exceptional ______ %; 9.
  247. repair of construction works: exceptional ______ %; non-exceptional ______ %; 9.
  248. general expert examination of the design documentation of construction works: exceptional ______ %; non-exceptional ______ %; 9.
  249. partial expert examination of the design documentation of construction works: exceptional ______ %; non-exceptional ______ %; 9.
  250. expert examination of construction works: exceptional ______ %; non-exceptional ______ %; 9.
  251. special work _______ %
  252. Authorised capital of the Applicant: LTL _________ thousand.
  253. Total number of employees: _______.
  254. References from builders, builder associations and others about the construction works designed (constructed, being constructed, examined or being examined by an expert) by the Applicant (appended). APPENDICES: Applicant (Head of a legal person or Scientific Institution) (name, surname and signature) Card filled in on (date) ______________ STR 1.02.07:2004 Appendix 3 Data card of a foreign applicant
  255. Full and short name of the Applicant
  256. Address and postal code
  257. Telephone and fax numbers
  258. Bank data
  259. Type of activities
  260. Date of establishment and reference number of the Applicant
  261. Main activities specified in the Articles of Association
  262. Volume of performed design (construction, expert examination) work within the last year EUR __________ thousand, including: 8.
  263. using its own capacities EUR _________ thousand; 8.
  264. using subcontractors EUR _________thousand.
  265. Authorised capital of the Applicant EUR _________thousand.
  266. Total number of employees: _________.
  267. Other legal persons, Scientific Institutions, Organisations that provide services to or perform work for the Applicant and data about their certification or Right Recognition. Applicant (name, surname and signature) Card filled in on (date) ______________ STR 1.02.07:2004 Appendix 4 CERTIFICATE ON THE HEADS WORKING IN THE APPLICANT’S ORGANISATION No Name and surname Specialization, education Position Work record Right granted by Certificate of Competence or Certificate on the Right No and date of Certificate of Competence or Certificate on the Right Validity term and expiry date of Certificate of Competence or Certificate on the Right
  270. Applicant (name, surname and signature) The date of drawing up the certificate ______________ STR 1.02.07:2004 Appendix 5 THE LIST OF WORKS (SERVICES) PERFORMED IN CONSTRUCTION WORKS BY THE APPLICANT No Title of construction works Client Performed work Date Applicant (name, surname and signature) The date of compiling the list (Official stamp)

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