RESOLUTION No 35

(3)of the Law of the Republic of Lithuania on Competition (Valstybės žinios (Official Gazette) No 30-856, 1999; No 63-2244, 2004), Article 4

(4)of Chapter 4 of the Law of the Republic of Lithuania Amending and Supplementing the Law on Competition, Repealing the Law on Monitoring State Aid to Undertakings, and Amending Article 1 of the Code of Civil Procedure (Valstybės žinios (Official Gazette) No 63-2244, 2004), Article 6

(2)of the Law of the Republic of Lithuania on State Registers (Valstybės žinios (Official Gazette) No 86-2043, 1996; No 124-4488, 2004), the Consolidated Version of the Treaty establishing the European Community (Valstybės žinios (Official Gazette) No 2-2, 2004) (hereinafter referred to as “the EC Treaty”), Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 of the Consolidated Version of the Treaty establishing the European Community to certain categories of horizontal State aid (OJ 2004 Special edition Chapter 8 Volume 1 p. 312) (hereinafter referred to as “Council Regulation (EC) No 994/98”), Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ 2004 Special edition Chapter 8 Volume 1 p. 339) (hereinafter referred to as “Council Regulation (EC) No 659/1999”), Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ 2004 Special edition Chapter 8 Volume 4 p. 3) (as last amended by Commission Regulation (EC) No 1935/2006 of 20 December 2006 (OJ 2006 L 407, p. 1)) (hereinafter referred to as “Council Regulation (EC) No 794/2004”), Commission Regulation (EC) No 1860/2004 of 6 October 2004 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the agriculture and fisheries sector (OJ 2004 L 325, p. 4) (as last amended by Commission Regulation (EC) No 1998/2006 of 15 December 2006 (OJ 2006 L 379, p. 5)) (hereinafter referred to as “Council Regulation (EC) No 1860/2004”), Commission Decision No 2005/842/EC of 28 November 2005 on the application of Article 86

(2)of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (OJ 2005 L 312, p. 67) (hereinafter referred to as “Commission Decision No 2005/842/EC”), and Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 to de minimis aid (OJ 2006 L 379, p. 5) (hereinafter referred to as “Council Regulation (EC) No 1998/2006”), the Government of the Republic of Lithuania has resolved:

1. To set up the Register of State Aid;
2. To approve the Regulations of the Register of State Aid (as appended);
3. To set the commencement date for the operation of the Register of State Aid as 1 October 2005;
4. To designate the Competition Council of the Republic of Lithuania (hereinafter referred to as “the Competition Council”) as the leading register management body and the register management body for the Register of State Aid;
5. To propose that the Competition Council develop and adopt the Rules of Registration of State Aid and the Regulations on the Protection of Data in the Register of State Aid;
6. To set, with a view to ensuring a proper control of provision of de minimis aid as set out in Commission Regulation (EC) No 69/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid (OJ 2004 Special edition Chapter 8 Volume 2 p. 138) and in Commission Regulation (EC) No 1860/2004 of 6 October 2004 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the agriculture and fisheries sector (OJ 2004 L 325, p. 4) and to implementing Article 48

(3)of the Law of the Republic of Lithuania on Competition, that providers of State aid shall notify the Competition Council, by 1 June 2005 in writing and electronically (or in a computer file), of the State aid which falls under Article 87 of the EC Treaty and de minimis aid as well as de minimis aid in the agriculture and fisheries sector awarded by them in 2004, and, by 1 October 2005, of de minimis aid and de minimis aid in the agriculture and fisheries sector awarded by them in January-September

1. Prime Minister Algirdas Brazauskas Minister of the Economy Viktor Uspaskich APPROVED by Resolution No 35 of the Government of the Republic of Lithuania of 19 January 2005 REGULATIONS OF THE REGISTER OF STATE AID I. General provisions
2. The Regulations of the Register of State Aid (hereinafter referred to as “these Regulations”) shall regulate the purpose of the Register of State Aid (hereinafter referred to as “the Register”), the objects, the register management body and its rights and obligations, the management of the Register and its interaction with other registers, the protection, publication and transmission of data of the Register, and the reorganisation and liquidation of the Register.
3. The purpose of the Register is to register State aid and de minimis aid as well as de minimis aid in the agriculture and fisheries sector, and to collect, store, process, systematise, protect, use and transmit data specified in these Regulations.
4. The Register shall be set up pursuant to the Law of the Republic of Lithuania on Competition (Valstybės žinios (Official Gazette) No 30-856, 1999). The purpose of the Register is to collect information about the aid awarded to undertakings by state administration and local government institutions or other legal persons as set out in Article 48 of the Law.
5. The objects of the Register are State aid and de minimis aid as well as de minimis aid in the agriculture and fisheries sector.
6. The Register shall be kept pursuant to the Law of the Republic of Lithuania on State Registers (Valstybės žinios (Official Gazette) No 86-2043, 1996; No 124-4488, 2004), the Law of the Republic of Lithuania on Legal Protection of Personal Data (Valstybės žinios (Official Gazette) No 63-1479, 1996; No 15-597, 2003), these Regulations, and other legal acts that regulate operations of State registers.
7. The Register data shall be stored in a single Register database.
8. Definitions of terms as used in these Regulations: State aid shall mean any measure that meets the criteria of Article 87

(1)of the EC Treaty. De minimis aid shall mean aid in gross grant equivalent, not exceeding EUR 200 000 per beneficiary over the relevant fiscal year and the previous two fiscal years or not exceeding EUR 100 000 per beneficiary over the relevant fiscal year and the previous two fiscal years when the aid is granted to an undertaking active in the road transport sector, as defined in Commission Regulation (EC) No 1998/

1. De minimis aid in the agriculture and fisheries sector shall mean aid in gross grant equivalent, not exceeding EUR 3 000 per beneficiary over any period of three years and not exceeding the value set for the Republic of Lithuania, as defined in Commission Regulation (EC) No 1860/
2. Providers of State aid shall mean state administration and local government institutions or other legal persons providing State aid and de minimis aid as well as de minimis aid in the agriculture and fisheries sector (hereinafter referred to as “aid providers” and “data providers”). State aid scheme shall mean a plan establishing for a group of beneficiaries certain conditions under which they are eligible for State aid for the achievement of specific objectives, as defined in Council Regulation (EC) No 659/
3. Individual aid shall mean State aid that is not awarded on the basis of a State aid scheme and State aid that is awarded on the basis of a State aid scheme and is notifiable to the European Commission, as defined in Council Regulation (EC) No 659/
4. State aid intensity shall mean the ratio (expressed as a percentage) of State aid and eligible costs. II. register management Body
5. The leading register management body shall be the Competition Council of the Republic of Lithuania (hereinafter referred to as “the Competition Council”). It shall also act as the register management body, the data controller and the data processor.
6. The Competition Council shall have the duty to: 8.
7. ensure interaction between the Register and the related registers, adequate and uninterrupted operation of the Register and security of data in the Register; 8.
8. control execution of the annual and prospective budgets of the Register; 8.
9. ensure that the Register is managed in compliance with the Law of the Republic of Lithuania on State Registers, these Regulations and other legal acts; 8.
10. plan the annual and prospective budgets of the Register; 8.
11. provide information on operations of the Register to the persons concerned; 8.
12. organise training of civil servants of the Competition Council who are responsible for the management of the Register, develop training and qualification-enhancement programmes and prepare other methodological documents related to training; 8.
13. approve the forms in which data shall be delivered to the Register; 8.
14. register State aid and de minimis aid as well as de minimis aid in the agriculture and fisheries sector; 8.
15. transmit data to data recipients in accordance with laws of the Republic of Lithuania, these Regulations and other legal acts; 8.
16. ensure that data are entered in the Register in sufficient detail and that the data in the Register correspond to those delivered by data providers; 8.
17. ensure that Register data received from the related registers are regularly updated; 8.
18. ensure that false, inaccurate and incomplete Register data, also changed data, are immediately rectified, updated or supplemented; 8.
19. ensure that data recipients who were provided with incorrect, inaccurate or incomplete data are informed about the rectification of such data; 8.
20. perform other actions set out in these Regulations.
21. The Competition Council shall have the right to: 81.
22. draw up and adopt legal acts concerning management of the Register and protection of its data; 81.
23. organise the acquisition of computer hardware and software as well as communication facilities, set their maintenance requirements, deal with Register upgrading and development issues; 81.
24. request that data providers write the data to be entered in the Register properly and deliver them on time and that the data correspond to the data in the related registers; 81.
25. set a deadline within which data providers shall eliminate any faults where it is established that the data delivered to the Register are inaccurate or do not comply with the requirements laid down in legal acts; 81.
26. set the principles and the procedure for organising operation of the Register; 81.
27. perform other actions set out in these Regulations. III. register data
28. The following data shall be entered in the Register: 9.
29. data about the State aid awarded in the previous reporting period (data on State aid exempted from the notification procedure as laid down in group exemption regulations adopted on the basis of Article 1 of Council Regulation (EC) No 994/98 or Commission Decision No 2005/842/EC (hereinafter referred to as “State aid covered by exemption”) shall be entered separately): 9.1.
30. State aid identification number; 9.1.
31. aid provider (name of the legal person, legal form, address, company code); 9.1.
32. reporting period (the period covered by the data being reported); 9.1.
33. title of the State aid scheme or individual aid (when the aid is not awarded on the basis of a scheme); 9.1.
34. State aid number assigned by the European Commission (if it is a State aid covered by exemption, a reference to the applicable legal instrument of the European Commission on the application of the exemption shall be given instead of the State aid number assigned by the European Commission); 9.1.
35. legal basis of the State aid; 9.1.
36. amount of the State aid; 9.1.
37. other conditions of the application of the State aid (as set out in the forms of annual reports on State aid approved by Commission Regulation (EC) No 794/2004); 9.1.
38. State aid registration and deregistration dates; 9.
39. data about de minimis aid: 9.2.
40. de minimis aid identification number; 9.2.
41. beneficiary of the de minimis aid (name of the legal person, legal form, address, company code or name of the natural person, address (permanent residence), personal ID number); 9.2.
42. code of the supported economic activity of the beneficiary of the de minimis aid, in accordance with the Classification of Economic Activities; 9.2.
43. form of the de minimis aid; 9.2.
44. legal basis of the de minimis aid; 9.2.
45. amount of the de minimis aid; 9.2.
46. date of award of the de minimis aid; 9.2.
47. aid provider (name of the legal person, legal form, address, company code); 9.2.
48. de minimis aid registration and deregistration dates; 9.2.
49. the amount of guaranteed loan (when loan guarantee is provided); 9.2.
50. the beginning of the fiscal year of the beneficiary (where the fiscal year of the beneficiary does not coincide with the calendar year); 9.
51. data about de minimis aid in the agriculture and fisheries sector; 9.3.
52. identification number of the de minimis aid in the agriculture and fisheries sector; 9.3.
53. beneficiary of the de minimis aid in the agriculture and fisheries sector (name of the legal person, legal form, address, company code or name of the natural person, address (permanent residence), personal ID number); 9.3.
54. code of the supported economic activity of the beneficiary of the de minimis aid in the agriculture and fisheries sector, in accordance with the Classification of Economic Activities; 9.3.
55. form of the de minimis aid in the agriculture and fisheries sector; 9.3.
56. legal basis of the de minimis aid in the agriculture and fisheries sector; 9.3.
57. amount of the de minimis aid in the agriculture and fisheries sector; 9.3.
58. date of award of the de minimis aid in the agriculture and fisheries sector; 9.3.
59. aid provider (name of the legal person, legal form, address, company code); 9.3.
60. registration and deregistration dates of the de minimis aid in the agriculture and fisheries sector;
61. The identification code of State aid, de minimis aid as well as de minimis aid in the agriculture and fisheries sector shall be assigned by the register management body when it enters the data of the object in the Register. The code shall be an eight-digit number. IV. registration of State aid, de minimis aid as well as de minimis aid in the agriculture and fisheries sector
62. Data for the Register shall be provided by aid providers (i.e. data providers). Data providers shall be responsible for the accuracy and correctness of the data provided for registration, in accordance with laws of the Republic of Lithuania.
63. A data provider shall have the data provider code assigned by the register management body.
64. State aid and de minimis aid as well as de minimis aid in the agriculture and fisheries sector shall be registered in the following procedure: 13.
65. Data for the registration of aid shall be provided by the aid provider who has awarded the State aid and/or the de minimis aid as well as de minimis aid in the agriculture and fisheries sector. Data about natural persons shall be provided by the data provider only if the aid is given to support economic activities of natural persons. Data shall be transmitted by electronic means, in the forms approved by the Competition Council and in accordance with the requirements set out in these Regulations. Data shall be provided: 13.1.
66. for the State aid – once a year, after the end of the reporting year, by 1 June of the next year; 13.1.
67. for de minimis aid as well as de minimis aid in the agriculture and fisheries sector – no later than within three working days of the award decision. 13.
68. Before awarding de minimis aid as well as de minimis aid in the agriculture and fisheries sector, the data provider shall check in the Register, by entering the company code of the beneficiary if the beneficiary is a legal person or the personal ID number if the beneficiary is a natural person, whether the de minimis aid or the de minimis aid in the agriculture and fisheries sector to be awarded by him will not exceed the ceiling as laid down in Commission Regulation (EC) No 1998/2006 or Commission Regulation (EC) No 1860/2004, respectively. The data provider shall ensure that de minimis aid or de minimis aid in the agriculture and fisheries sector to be awarded by him does not exceed the ceiling. In the failure to meet this requirement, the data provider shall be notified by electronic means that once he awards the new de minimis aid or new de minimis aid in the agriculture and fisheries sector, the ceiling will be exceeded. 13.
69. If the data delivered by the data provider meet the requirements set out in Chapter III of these Regulations, a decision to register the state aid, the de minimis aid as well as the de minimis aid in the agriculture and fisheries sector shall be made, an identification code shall be assigned to the aid, data shall be entered into the Register and the data provider shall be notified, by electronic means no later than within five working days of the date of delivery of the data to the Register, about registration of the aid. 13.
70. If the data delivered by the data provider do not meet the requirements set out in Chapter III of these Regulations or are incomplete, the data provider shall be notified, by electronic means no later than within five working days of the date of delivery of the data to the Register, about the refusal to register the data. In this case the data provider shall receive an error report describing the errors made. Having rectified the errors, the data provider shall redeliver the data in the same manner as described in point 13.1 of these Regulations.
71. The right to make a decision to register or refuse to register data shall be vested in authorised civil servants of the Competition Council in accordance with laws and other legal acts of the Republic of Lithuania, these Regulations and their job descriptions.
72. Persons involved in the processing of data shall keep the data confidential for the period prescribed by laws and other legal acts of the Republic of Lithuania.
73. Aid, including de minimis aid as well as de minimis aid in the agriculture and fisheries sector, shall be deregistered upon expiry of the period of registration of the aid concerned. The period of registration of de minimis aid as well as de minimis aid in the agriculture and fisheries sector shall be 10 years from the date on which the aid is awarded. The period of registration of State aid shall be 10 years from the date on which the last aid based on a State aid scheme is awarded or from the date on which individual aid (when the aid is not based on a scheme) is awarded.
74. At the data provider’s request, the register management body may cancel the registration where the decision on the basis of which the aid has been awarded is repealed. The data of the deregistered object shall be stored in the Register’s database five years after deregistration.
75. Having found that the data in the Register are false, inaccurate or incomplete, the register management body shall notify the relevant data provider and all data recipients to whom the data have been transmitted thereabout not later than within one working day.
76. If the data entered in the Register do not correspond, through the fault of the register management body, to the actual data, the register management body shall rectify the errors no later than within three working days and notify all data recipients and data providers thereabout free of charge, by posting this information in the Register.
77. If an inconsistency between data in the related registers is found, the registration procedure shall be suspended and the related register management body and the data provider shall be notified thereabout.
78. If the data of the object of the Register change, the data provider shall notify the register management body thereabout within three working days. V. INTERACTION WITH other registers
79. To ensure the functioning of the Register, information of the following registers shall be used: 22.
80. The Register of Legal Persons; 22.
81. The Population Register of the Republic of Lithuania.
82. Information of these registers shall be linked with the information in the Register via the company code, if a legal person, or the personal ID number, if a natural person, of the aid provider and the beneficiary and shall be used in checking and updating the data specified in points 9.1.2, 9.2.2, 9.2.8, 9.3.2 and 9.3.8 of these Regulations against the data of the aforementioned related registers.
83. If an inconsistency between data in the related registers is found, the false, inaccurate and incomplete data together with explanations shall be immediately transmitted to the related register management body.
84. Having received information about inaccurate data and the explanations from the related register, the register management body shall immediately check the information provided and rectify the data if the inaccuracy really exists. Having rectified the data, the register management body shall immediately notify the related register management body and data recipients thereabout, by posting this information in the Register. VI. transmission and use of register data
85. Register data shall be transmitted to the following data recipients: 24.
86. to state administration and local government institutions and other institutions concerned of the Republic of Lithuania for their direct functions, as well as to related registers in accordance with laws and other legal acts. Data shall be transmitted under a data transmission agreement between the Competition Council and the data recipient (in case of multiple transmission ) or at the data recipient’s request (in case of single transmission ). The data transmission agreement shall state the intended use, conditions and procedures for the use of the data. The data recipient’s request shall state the intended use of the data; 24.
87. to legal and natural persons (beneficiaries), whose data are the object of the Register, at their written requests meeting the requirements set out in these Regulations.
88. Register data shall be transmitted in the following ways: 25.
89. by issuing a statement (within five working days of receipt of the request); 25.
90. by automated means; 25.
91. via e-mail.
92. Every data provider shall have the right of access to the data stored in the Register; a beneficiary shall have the right of access to his data stored in the Register.
93. The data provider and the data recipient at the data provider’s written consent shall have the right to request that the register management body rectify false, inaccurate and incomplete data and destruct unlawfully stored data (a written consent shall not be required when the data recipient wishes to change his address). The register management body shall satisfy the request no later than within three working days of receipt of the request and of supporting documents and shall notify the data provider and data recipients thereabout. The beneficiary shall be notified of whether his personal data have been rectified, destroyed or processing suspended as requested. Having concluded that the request is unjustified, the register management body shall refuse to rectify the data and shall notify the requester thereabout in writing within ten working days, specifying the reasons for the refusal.
94. Register data shall be transmitted free of charge in the manner and cases specified in these Regulations and in the Law on State Registers of the Republic of Lithuania.
95. Data recipients shall use the data received from the Register only for the purpose, to the extent and in the manner specified at the time of receipt of the data. Violations of the requirements set out in this point shall carry liability in accordance with laws of the Republic of Lithuania.
96. Information about the object and purposes of the Register, also about the management body and the management of the Register shall be made available on the Competition Council’s website. VII. Transmission of register data to Foreign States
97. Register data shall be transmitted to legal or natural persons of the European Union’s Member States in the same manner as they are transmitted to legal or natural persons of the Republic of Lithuania.
98. Register data shall be transmitted to legal or natural persons of third states in compliance with laws and other legal acts of the Republic of Lithuania and international treaties. VIII. security of Register data
99. Security of data in the Register shall be ensured in accordance with the Law of the Republic of Lithuania on Legal Protection of Personal Data, the General Data Protection Requirements approved by Resolution No 952 of the Government of the Republic of Lithuania of 4 September 1997 (Valstybės žinios (Official Gazette) No 83-2075, 1997; No 2-45, 2003), the Regulations on the Protection of Data in the Register of State Aid adopted by the Competition Council and other legal acts on data protection.
100. To protect data in the Register against accidental or unlawful destruction, alteration, disclosure as well as any other unlawful processing, electronic, technical, administrative and building security measures shall be applied.
101. Personal data shall be processed in accordance with the Law of the Republic of Lithuania on Legal Protection of Personal Data and other legal acts.
102. The register management body shall be responsible for security of the data in the Register. The register management body shall ensure that the data stored in the Register are protected against internal and external effects. IX. financing of the register
103. The setting-up and maintenance of the Register shall be financed from the state budget of the Republic of Lithuania and other sources of funding laid down in the legal acts. X. liquidation (reorganisation) of the register
104. The Register may be liquidated or reorganised in accordance with laws and other legal acts of the Republic of Lithuania.
105. Register data shall be transferred to another register management body or destroyed in accordance with laws and other legal acts of the Republic of Lithuania. ––––––––––––––––