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GOVERNMENT OF THE REPUBLIC OF LITHUANIA

GOVERNMENT OF THE REPUBLIC OF LITHUANIA Oficialus vertimas 2007 12 18 GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION No 1474 of 5 December 2001 ON THE APPROVAL OF THE LEGAL ACTS NECESSARY FOR THE IMPLEMENTATION OF THE LAW OF THE REPUBLIC OF LITHUANIA ON ELECTRICITY (As amended by Resolution No 1257 of 10 August 2002, Resolution No 588 of 12 May 2003, Resolution No 25 of 12 January 2004, Resolution No 627 of 8 June 2005, Resolution 777 of 4 August 2006, Resolution No 897 of 18 September 2006, Resolution No 1366 of 28 December 2006) Vilnius Acting pursuant to the Law of the Republic of Lithuania on Electricity (Valstybės žinios (Official Gazette) No 64-1984, 2000) and for the purpose of implementing paragraph 1.1 of Resolution No 1031 of the Government of the Republic of Lithuania of 24 August 2001 on the granting of powers for implementing the Law of the Republic of Lithuania on Electricity (Valstybės žinios (Official Gazette) No 74-2601, 2001), the Government of the Republic of Lithuania has resolved:

  1. To approve the following documents (as appended): 1.
  2. Licensing Rules in the Electricity Sector; 1.
  3. (Repealed); 1.
  4. List of Activities in the Electricity Sector Subject to Authorization; 1.
  5. Electricity Import Conditions; 1.
  6. Procedure for the Promotion of Generation and Purchase of Electricity Generated from Renewable Energy Sources; 1.
  7. Procedure for Recognising Electricity Facilities as Energy Facilities of National Importance.
  8. To authorise the Ministry of Economy to: 2.
  9. grant the licence of the electricity market operator by way of tender; 2.
  10. grant authorizations for electricity import.
  11. To establish that: 3.
  12. at the close of each month, not later than by the 15th day of the next month, county state tax inspectorates and territorial state social insurance institutions must notify the National Control Commission for Prices and Energy about tax arrears (status on the 1st day of each month) owed by enterprises holding licences for activities in the electricity sector to the State Budget of the Republic of Lithuania, municipal budgets and funds or to the budget of the State Social Insurance Fund; 3.
  13. having received the request of the National Control Commission for Prices and Energy, county state tax inspectorates and territorial state social insurance institutions must, within 10 days, submit to the Commission the requested information about the enterprises seeking to obtain licences for activities in the electricity sector; 3.
  14. at the initial stage of implementing the Law of the Republic of Lithuania on Electricity (pending the issuance of licences in the established procedure), Lietuvos Energija AB and new enterprises set up after its reorganisation shall carry out the following licensed activities: 3.3.
  15. activities of the electricity market operator; 3.3.
  16. electricity transmission activities; 3.3.
  17. electricity distribution activities; 3.3.
  18. public supply of electricity; 3.
  19. public and independent suppliers, market operators, transmission and distribution network operators who have been granted activity licences as well as eligible customers importing electricity shall provide services according to the list of public service obligations in the electricity sector.
  20. This Resolution shall become effective as of 1 January
  21. Prime Minister Algirdas Brazauskas Minister of Economy Petras Čėsna APPROVED by Resolution No 1474 of the Government of the Republic of Lithuania of 5 December 2001 (as amended by Resolution No 588 of the Government of the Republic of Lithuania of 14 May 2003) Licensing Rules in the Electricity Sector I. General Provisions
  22. The Licensing Rules in the Electricity Sector (hereinafter referred to as the Rules) shall regulate the issue, change, suspension, lifting of the suspension and revocation of licences for activities of the electricity market operator, electricity transmission activities, electricity distribution activities, public supply activities and independent supply activities (hereinafter referred to as a licence) for electricity enterprises (hereinafter referred to as an enterprise).
  23. For the purposes of these Rules, the audit of the costs of the licensed activity shall mean the verification and identification of the costs related to the specific licensed activity of an enterprise holding a licence for the respective activity. Other definitions used in these Rules are described in the Law of the Republic of Lithuania on Electricity (Valstybės žinios (Official Gazette) No 66-1984, 2000; No 107-3964, 2004).
  24. The activities of the electricity market operator, electricity transmission activities, electricity distribution activities, public supply activities and independent supply activities referred to in Article 10

(1)of the Law of the Republic of Lithuania on Electricity shall be carried out only by enterprises holding appropriate licences. II. TYPES OF LICENCES
  1. Licences shall be of the following types: 4.
  2. electricity transmission; 4.
  3. electricity distribution; 4.
  4. electricity public supplier; 4.
  5. electricity independent supplier; 4.
  6. electricity market operator.
  7. A separate licence shall be issued for each type of activity.
  8. Licences for electricity transmission may be sought by an enterprise managing transmission networks in the territory of the Republic of Lithuania.
  9. Licences for electricity distribution may be sought by an enterprise managing distribution networks in the specified territory that are directly connected to the transmission network.
  10. The market operator’s licence may be sought by a legal person having: 8.
  11. technical facilities to connect to the information system of the transmission network operator; 8.
  12. adequate software required to carry out trade in electricity and settlement procedures (including calculations of the amount of electricity traded in and its distribution among market participants); 8.
  13. means of communication for receiving notifications from electricity market participants and dispatching notifications to them. III. LICENSING AUTHORITIES AND THEIR POWERS
  14. Licences shall be issued by the National Control Commission for Prices and Energy (hereinafter referred to as the Commission).
  15. The licensing authority shall have the right to: 10.
  16. issue or change licences; 10.
  17. refuse to issue or change licences; 10.
  18. suspend licences; 10.
  19. lift the suspension of licences; 10.
  20. revoke licences; 10.
  21. receive other information from enterprises that is required to examine their applications to grant authorisations for the licensed activity or to verify reports on the licensed activity as regards compliance with the conditions of the licensed activity; 10.
  22. receive additional information about the licensed activity from state institutions supervising the activities of the enterprise.
  23. The Commission shall: 11.
  24. establish the form of applications to issue or change a licence; 11.
  25. establish the forms of licences, upon agreement with the Ministry of Economy; 11.
  26. issue or change a licence or give a justified written refusal to issue or change a licence to the applicant; 11.
  27. record licences in a special register; 11.
  28. exercise control over compliance with the conditions of the licensed activity; 11.
  29. hear complaints concerning breaches of the conditions of the licensed activity; 11.
  30. control compliance with the quality requirements for activities set by the Ministry of Economy; 11.
  31. provide information about the issue, change, suspension, lifting of the suspension and revocation of licences to state institutions and agencies which need this information to perform the functions assigned to them, as well as to other interested parties.
  32. The Ministry of Economy shall set the requirements for the reliability of electricity supply and the quality of services.
  33. Information about the issue, change, suspension, lifting of the suspension and revocation of licences shall be published by the licensing authority in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios. Such notices shall contain the following information: the name, code and registered address of the enterprise, the type of the licensed activity, the number of the licence, the date of the issue, change, suspension, lifting of the suspension or revocation of the licence, and the territory of the licensed activity. IV. SUBMISSION AND EXAMINATION OF DOCUMENTS
  34. An enterprise seeking to obtain a licence shall file an application of the prescribed form with the licensing authority.
  35. The application must contain the following information: the name, code, registered address, telephone and fax numbers of the enterprise, the name of the activity which a licence is applied for, the intended territory of the licensed activity, the name, surname, position and telephone number of the chief executive of the enterprise.
  36. An enterprise seeking to obtain a licence for electricity distribution or transmission shall specify in its application the intended territory of the licensed activity delineated in the accompanying grid maps and/or by other means which would allow determining the boundaries of the networks managed by ownership right, as well as submit the documents certifying the right of ownership or legitimate use of the electricity distribution or electricity transmission equipment.
  37. The application of the enterprise must be accompanied by the following documents: 17.
  38. copies of the registration certificate and the by-laws of the enterprise, duly signed by the chief executive of the enterprise and sealed, when the enterprise is required to possess the seal; 17.
  39. information about the divisions, branches and managing bodies of the enterprise; 17.
  40. the commitment to comply with the conditions of the licensed activity; 17.
  41. the list of licences and authorisations for activities in the electricity sector specified in legal acts, which are held by the enterprise and its branches; 17.
  42. the audit report on the activities and the balance sheet of the enterprise for the last two years (if the enterprise carried out its activities for a period less than two years – for the last year). This requirement shall not apply to enterprises which did not carry out any activities prior to the submission of the application.
  43. The application of the enterprise seeking to obtain a licence for electricity distribution or electricity transmission must by accompanied by authorisations for the operation of energy equipment granted by the State Energy Inspectorate under the Ministry of Economy.
  44. The licensing authority must ascertain whether the enterprise seeking to obtain or change a licence pays taxes administered by the State Tax Inspectorate under the Ministry of Finance, fulfils its commitments to the customs and pays taxes to the budget of the State Social Insurance Fund. To this end, the licensing authority shall submit a request to the responsible state institutions and agencies to provide the required information about enterprises seeking to obtain or change licences. Having received the request to provide the required information about enterprises seeking to obtain or change licences, the state institutions and agencies must provide the information specified in the request of the licensing authority within 15 days,
  45. Having received the documents specified in this Chapter, the licensing authority shall check whether these documents and information contained therein satisfy the condition for issuing licences specified in paragraph 23 of these Rules and take a decision to issue, change or refuse to issue a licence not later than within the time limit set in paragraph
  47. If there are any grounds to suspect that incorrect information has been submitted, or information is insufficient to establish whether the documents satisfy the condition for issuing licences, the licensing authority shall have the right to request additional information or documents within 15 days from the submission of the documents. In this case a new time limit shall be set for taking a decision on the issue of a licence, i.e. from the date of the submission of additional information or documents.
  48. Where the enterprise seeking to obtain a licence submits additional or revised information or documents to the licensing authority thereby eliminating the circumstances precluding the issue of a licence, and this is done before the licensing authority takes a decision to issue, change or refuse to issue a licence, the time limit set in paragraph 29 of these Rules shall be counted anew from the date of the submission of additional or revised information or documents. V. ISSUE OF LICENCES
  49. The licensing authority shall base its decision to issue or change a licence on the conformity of the received documents and information with the technological, financial and managerial capabilities of the enterprise enabling compliance with the conditions of the licensed activity set out in Chapter VIII of these Rules, as specified in the application.
  50. Licences shall be issued for an indefinite period.
  51. The issued licences may be changed at the request of the enterprise when the enterprise is under restructuring, or when the territory specified in the current licence of the enterprise or other conditions are changed. Following changes in the requisites of the enterprise or the territory where the licensed activity is carried out, the licence holder must notify the licensing authority thereof not later than within 30 days and submit an application to change the licence accompanied by the documents certifying the changed data of the enterprise.
  52. The issued licences may be changed on the initiative of the respective licensing authority, upon the conditions of the licensed activities specified in Chapter VIII of these Rules being changed by the Government of the Republic of Lithuania.
  53. The licence shall specify the following information: 27.
  54. the type of the licensed activity; 27.
  55. the licensing authority; 27.
  56. the number of the licence; 27.
  57. the requisites of the licence holder: the name, code (registration number) and registered address of the enterprise; 27.
  58. the grounds for and the date of the issue or change of the licence; 27.
  59. the territory where the licensed activity is carried out; 27.
  60. (repealed) 27.
  61. the procedure for setting and revising price and tariff caps for the services of the licensed activity (in the licence of the electricity market operator, electricity transmission, electricity distribution and the public supplier).
  62. The licences of the electricity market operator, electricity transmission, electricity distribution and the public supplier shall be issued only to one enterprise in a particular territory.
  63. The licensing authority must, within 30 days from the receipt of the required documents, issue or change a licence or give a justified written refusal to issue or change a licence to the applicant. When the applicant fails to submit all the information or documents, the time limit shall be counted from the date of the submission of all the information or documents.
  64. When the original licence is lost, the enterprise, after providing a reasonable explanation thereof and a copy of the notice about the loss of the licence placed in a major Lithuanian daily, shall be issued by the licensing authority a duplicate licence within 10 working days bearing the mark “Duplicate”.
  65. Taking into account the financial status of enterprises, the licensing authority shall take a decision to issue or change licences, as well as not to suspend or revoke licences for enterprises, where due to the refusal to issue or change licences or the suspension or revocation of licences electricity will be cut off for customers.
  66. State fees shall be levied on the issue or change of licences on the initiative of enterprises, as well as on the issue of duplicate licences in accordance with the procedure established by the Law of the Republic of Lithuania on Fees and Charges (Valstybės žinios (Official Gazette) No 52-1484, 2000) and the Government of the Republic of Lithuania. VI. REGISTRATION OF LICENCES
  67. The licensing authority shall record licences in the licence register which may also be stored in the computerised media. All the licences which have been issued, changed, revoked or suspended or whose suspension has been lifted, as well as all the applications to issue, change or revoke licences shall be recorded in this register.
  68. Entries in the licence register must be made so as to prevent any indistinguishable corrections to the entries made, replacement of sheets, new entries in the register violating their chronological order.
  69. The licence register must specify the following information: 35.
  70. the number of the entry; 35.
  71. the date of the entry; 35.
  72. the date of the issue or change of the licence; 35.
  73. the number of the licence; 35.
  74. the type of the licence; 35.
  75. the holder of the licence; 35.
  76. where the licence is issued to change the previous one, the number of the previous licence; 35.
  77. the employee who examined the application to issue a licence; 35.
  78. the date of the suspension of the licence; 35.
  79. the date of the lifting of the suspension of the licence; 35.
  80. the date of the revocation of the licence; 35.
  81. the signature of the person responsible for making entries in the licence register.
  82. The licensing authority shall establish the procedure for making entries in the licence register in accordance with the requirements set out in these Rules. VII. REFUSAL TO ISSUE LICENCES
  83. A licence shall not be issued or changed on the application where: 37.
  84. not all the required documents and information are submitted within the additional time limit set by the licensing authority; 37.
  85. incorrect information is submitted; 37.
  86. the submitted documents do not comply with the set requirements; 37.
  87. the condition for issuing licences specified in paragraph 23 of these Rules is not satisfied. VIII. CONDITIONS OF THE LICENSED ACTIVITIES
  88. Licences shall be issued in accordance with the following principles: 38.
  89. safety and reliability of activities; 38.
  90. efficiency of activities; 38.
  91. compliance with the principles of fair competition; 38.
  92. compliance with the principle of non-discrimination; 38.
  93. fulfilment of obligations set in legal acts; 38.
  94. publicity of activities and provision of information; 38.
  95. responsibility.
  96. Licence holders must comply with the requirements set by laws and other legal acts of the Republic of Lithuania.
  97. Licence holders shall not authorise on their behalf other enterprises to carry out the activity specified in the licence or transfer this right under agreement.
  98. The original licence shall be kept at the registered address of the enterprise indicated in the licence. A copy of the licence shall be kept in the branches of the enterprise; this copy shall be duly signed by the chief executive of the enterprise and sealed, when the enterprise is required to possess the seal.
  99. Licence holders must regularly submit reports on the licensed activity to the licensing authority at the time set by this authority.
  100. It shall be prohibited in the Republic of Lithuania to transmit, distribute and supply electricity and capacity without legally valid documents certifying their acquisition.
  101. Licence holders shall not provide services of the licensed activity at prices and tariffs exceeding the price and tariff caps set by the Commission, where these price and tariff caps are set by the Commission.
  102. The enterprise engaged in electricity transmission activities must: 45.
  103. perform the functions of the transmission system operator. Where a transmission system enterprise is vertically integrated, the transmission system operator must be independent in terms of its legal form, organisational structure and decision making from other types of activities of the transmission system enterprise not relating to transmission and must have the possibility of making decisions relating to the assets necessary for the operation, maintenance and development of the transmission network independently from the transmission system enterprise. Persons responsible for the management of the transmission system operator must have the possibility of acting independently; they may not participate in the management structures of the vertically integrated transmission system enterprise; 45.
  104. provide the electricity transportation service to users of transmission networks; 45.
  105. operate, maintain, manage and develop transmission networks and interconnections; 45.
  106. dispatch electricity generating capacities in the Lithuanian territory and electricity flows in transmission networks having regard to electricity exchange with other interconnected systems; 45.
  107. dispatch electricity generating capacities according to the priorities set at the last electricity trade auction or under contracts; 45.
  108. perform the national balancing function by providing uniform, non-discriminatory and competitive conditions for all market participants; 45.
  109. perform the reservation function by providing uniform, non-discriminatory and competitive conditions for all market participants; 45.
  110. ensure the efficient, reliable and environment-friendly functioning of transmission networks in the territory of the Republic of Lithuania; 45.
  111. organise and install the electricity metering system in transmission networks, as well as operate and maintain its equipment; 45.
  112. deliver electricity meter readings to the market and distribution system operators and suppliers; 45.
  113. connect the equipment of customers, distribution system operators and producers to the transmission system in accordance with the requirements of the relevant technical regulations; 45.
  114. give justified reasons in writing for refusal to provide the existing and potential customers with the electricity transportation service. Such refusal must be based on non-discriminatory technical restriction criteria; 45.
  115. fulfil public service obligations; 45.
  116. keep separate accounts for transmission activities; 45.
  117. at the close of the year, conduct an independent audit of the costs of the licensed activity and inform the Commission of its findings; 45.
  118. within 40 days after the end of the reporting quarter, submit information and reports on the licensed activity to the Commission; 45.
  119. grant the third party access right to transmission networks to electricity suppliers and eligible customers; 45.
  120. avoid discriminating against users of transmission networks. In order to prevent discrimination against users of networks, when a transmission system enterprise is vertically integrated, the transmission system operator must approve an appropriate programme providing for measures and obligations for employees, and ensure the adequate supervision of the implementation of these measures and obligations, as well as draw up, make public and submit to the Commission annual reports on the measures undertaken to implement this programme.
  121. The enterprise engaged in electricity distribution activities must: 46.
  122. perform the functions of the distribution system operator. Where a distribution system enterprise is vertically integrated and serves at least 100 000 customers, the distribution system operator must have the possibility of making decisions relating to the assets necessary for the operation, maintenance and development of the network independently from the distribution system enterprise. Persons responsible for the management of the distribution system operator must have the possibility of acting independently; they may not participate in the management structures of the vertically integrated distribution system enterprise serving at least 100 000 customers. Not later than from 1 July 2007, the distribution system operator must be independent in terms of its legal form, organisational structure and decision making from other types of activities of the vertically integrated distribution system enterprise serving at least 100 000 customers not relating to distribution. 46.
  123. provide the electricity transportation service to users of distribution networks; 46.
  124. operate, maintain, manage and develop distribution networks and interconnections with other networks, ensuring reliable operation of the distribution system equipment, efficient and safe supply in compliance with the environmental requirements; 46.
  125. organise, install, operate and control the metering of electricity transported through the distribution networks managed by ownership right or any other right, as well as operate and maintain such metering equipment; 46.
  126. deliver electricity meter readings to the transmission system and market operators and suppliers; 46.
  127. connect the equipment of customers and producers located in the territory specified in the licence for distribution activities to the distribution system in accordance with the relevant technical regulations and technical conditions; 46.
  128. give justified reasons in writing for refusal to provide the existing and potential customers with the electricity transportation service. Such refusal must be based on non-discriminatory technical restriction criteria; 46.
  129. fulfil public service obligations; 46.
  130. keep separate accounts for distribution activities; 46.
  131. at the close of the year, conduct an independent audit of the costs of the licensed activity and inform the Commission of its findings; 46.
  132. within 40 days after the end of the reporting quarter, submit information and reports on the licensed activity to the Commission; 46.
  133. grant the third party access right to distribution networks to electricity suppliers and eligible customers; 46.
  134. avoid discriminating against users of distribution networks. In order to prevent discrimination against users of distribution networks, when a distribution system enterprise is vertically integrated and serves at least 100 000 customers, the distribution system operator must approve an appropriate programme providing for measures and obligations for employees, and ensure the adequate supervision of the implementation of these measures and obligations, as well as draw up, make public and submit to the Commission annual reports on the measures undertaken to implement this programme.
  135. The enterprise engaged in electricity public supply activities must: 47.
  136. upon the request of any customer within the territory specified in the licence for distribution activities, supply electricity at the public electricity prices approved in accordance with the procedure established in Article 44 of the Law of the Republic of Lithuania on Electricity; 47.
  137. fulfil public service obligations, should such obligations be imposed; 47.
  138. keep separate accounts for electricity public supply activities; 47.
  139. at the close of the year, conduct an independent audit of the costs of the licensed activity and inform the Commission of its findings; 47.
  140. within 40 days after the end of the reporting quarter, submit to the Commission information and reports on the licensed activity, as well as information on the status of the settlement of payments with producers and suppliers; 47.
  141. avoid discriminating against customers or categories of customers.
  142. The enterprise engaged in electricity independent supply activities must: 48.
  143. supply electricity to eligible customers under bilateral contracts; 48.
  144. in order to trade in electricity with foreign countries, obtain separate authorisations for electricity import activities and electricity export activities; 48.
  145. fulfil public service obligations, should such obligations be imposed; 48.
  146. keep separate accounts for electricity independent supply activities; 48.
  147. at the close of the year, conduct an independent audit of the costs of the licensed activity and inform the Commission of its findings; 48.
  148. within 40 days after the end of the reporting quarter, submit to the Commission information and reports on the licensed activity, as well as information on the status of the settlement of payments with producers and suppliers.
  149. The enterprise engaged in the activities of the electricity market operator must: 49.
  150. perform the functions of the market operator; 49.
  151. ensure the operation of the electricity market of the Republic of Lithuania and organise trade in electricity; 49.
  152. make public the purchasing and selling prices of balancing energy and electricity traded in at auction by means accessible for market participants, as well as organise procedures for the settlement of payments by market participants for electricity traded in at auction; 49.
  153. ensure that electricity imports do not exceed the electricity import quotas set by the Government of the Republic of Lithuania; 49.
  154. ensure uniform and non-discriminatory conditions for all suppliers; 49.
  155. keep separate accounts for the activities of the market operator; 49.
  156. at the close of the year, conduct an independent audit of the costs of the licensed activity and inform the Ministry of Economy of its findings; 49.
  157. within 40 days after the end of the reporting quarter, submit information and reports on the licensed activity to the Ministry of Economy and the Commission.
  158. The enterprise engaged in the activities of the electricity market operator, electricity transmission activities, electricity distribution activities, electricity public supply activities and electricity independent supply activities must: 50.
  159. prepare and agree with the Commission the procedure for registering and investigating customer complaints or requests and taking decisions; 50.
  160. at the close of the year, conduct an analysis of complaint investigation and submit a report on complaint investigation to the Commission; 50.
  161. conduct an annual analysis of the operation of electricity transmission and electricity distribution systems, electricity supply to customers (electricity market) and provide the Ministry of Economy and the Commission with information about development prospects for electricity transmission and distribution systems and the electricity market.
  162. The enterprise intending to terminate the licensed activity must inform the licensing authority thereof at least six months in advance.
  163. The licensing authority must, at least once a year, or upon the receipt of a complaint, check how the enterprise complies with the conditions of the licensed activity: examine the reports on the licensed activity submitted by the enterprise and the findings of the costs audit, request explanations and additional documents or information. The authority may request the required information from state institutions and agencies, other enterprises holding licences and authorisations for activities in the electricity sector. On the basis of the findings of such checks, the authority must require the enterprise to remedy the identified breaches of the activity.
  164. Licence holders shall have: 53.
  165. the right to engage in the activity specified in the licence; 53.
  166. the right to demand explanations from the licensing authority for any delay or refusal to issue or change a licence, as well as for the suspension or revocation of the licence; 53.
  167. the right to appeal to court in accordance with the procedure established by laws against the actions and decisions of the licensing authority regarding the issue, change, suspension, lifting of the suspension or revocation of licences; 53.
  168. other statutory rights. IX. LIABILITY FOR BREACHES OF THE CONDITIONS OF THE LICENSED ACTIVITIES
  169. The licence may be suspended, revoked or a penalty may be imposed on the enterprise for breaches of the conditions of the licensed activity specified in the licence.
  170. A decision regarding the suspension of the licence, the lifting of the suspension of the licence or the revocation of the licence shall be taken by the respective licensing authority within 10 days from the completion of the check on the licensed activity. The enterprise must be notified in writing of such a decision within five days from the adoption of the decision.
  171. The licence may be suspended where: 56.
  172. it is discovered that incorrect information has been presented in the application to issue a licence; 56.
  173. the enterprise breaches the conditions of the licensed activity more than once a year; 56.
  174. (repealed) 56.
  175. the licence holder violates the time limits set for payment for electricity and services; 56.
  176. the enterprise does not satisfy the condition for issuing licences specified in paragraph 23 of these Rules.
  177. When taking a decision regarding the suspension of the licence, the licensing authority shall set a period of time after the date of the entry into force of this decision during which the enterprise should remedy the breaches of the conditions specified in the licence. The notification about such a decision to the enterprise shall specify the date of its entry into force and the set period of time (duration).
  178. The licence may be revoked where: 58.
  179. the enterprise whose licence has been suspended fails to remedy the identified breaches of the conditions of the licensed activity within the set period of time; 58.
  180. the enterprise whose licence has already been suspended repeatedly breaches the conditions of the licensed activity; 58.
  181. the enterprise is being liquidated or reorganised upon termination of its operation as an independent legal entity; 58.
  182. the enterprise submits an application to revoke the licence.
  183. When decisions regarding the suspension or revocation of licences have effects on electricity supply to customers, they may become effective not earlier than two months after their adoption. The Commission must inform the Ministry of Economy and the Government of the Republic of Lithuania about such prospective decisions.
  184. The revoked licence must be returned by the enterprise to the respective licensing authority within five working days from the date of publication in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios. X. FINAL PROVISIONS
  185. The respective licensing authority, the State Tax Inspectorate under the Ministry of Finance, territorial state tax inspectorates, the Police Department under the Ministry of the Interior, other state surveillance institutions shall, within their competence, exercise control over the activities of the enterprises holding licences of the electricity market operator, electricity transmission, distribution or supply, as well as supervise compliance with the conditions of the licensed activities.
  186. The state surveillance institutions must without delay inform the respective licensing authority in writing of any breaches of the conditions of the licensed activities discovered at enterprises.
  187. Complaints concerning breaches of the conditions of the licensed activities shall be heard by the respective licensing authority. APPROVED by Resolution No 1474 of the Government of the Republic of Lithuania of 5 December 2001 ACTIVITIES IN THE ELECTRICITY SECTOR SUBJECT TO AUTHORIZATION
  188. Electricity generation.
  189. Expansion of electricity generating capacities.
  190. Electricity export.
  191. Electricity import.
  192. Construction of a direct line. Notes:
  193. An authorization to engage in the activities specified in this list shall be necessary according to Articles 5, 10, 12, 14, 32, 33 and 34 of the Law of the Republic of Lithuania on Electricity (Valstybės žinios (Official Gazette) No 66-1984, No 113-3606, 2000).
  194. Authorizations to engage in the activities specified in this list shall be granted by the Ministry of Economy in accordance with the Rules for Granting Authorizations for Activities in the Electricity Sector. APPROVED by Resolution No 1474 of the Government of the Republic of Lithuania of 5 December 2001 (as amended by Resolution No 25 of the Government of the Republic of Lithuania of 12 January 2004) PROCEDURE FOR THE PROMOTION OF generation and PURCHASe OF ELECTRICITY GENERATED FROM RENEWABLE ENERGY SOURCES I. GENERAL PROVISIONS
  195. The Procedure for the Promotion of Generation and Purchase of Electricity Generated from Renewable Energy Sources (hereinafter referred to as this Procedure) shall establish the general criteria, conditions and requirements for promoting the generation and purchase of electricity produced in the Republic of Lithuania from renewable energy sources.
  196. This Procedure shall be binding on: 2.
  197. natural or legal persons generating or intending to generate electricity in a power plant using renewable energy sources (hereinafter referred to as producers); 2.
  198. persons who connect the electrical equipment of producers to the electricity grid and/or purchase electricity generated by producers into distribution and transmission grids.
  199. For the purposes of this Procedure, the following definitions shall apply: ”Hydropower plant” shall mean an energy facility designed to generate electricity from the potential energy of the water. ”Wind power plant” shall mean an energy facility designed to generate electricity from the kinetic energy of the wind. ”Biomass power plant” shall mean an energy facility designed to generate electricity from biomass and/or biogas; an energy facility designed to generate electricity in the co-generation mode by combined heat and power generating equipment, where the nominal power to heat ratio of the power plant is not less than 0.
  200. “Solar power plant” shall mean an energy facility designed to generate electricity from the radiant energy of the sun. ”Geothermal power plant” shall mean an energy facility designed to generate electricity from the internal heat (geothermal) energy of the earth. ”Power plant” shall mean a hydropower plant, biomass power plant, wind power plant, solar power plant or geothermal power plant managed by the producer by ownership right or any other right and consisting of one or more process-related electric power generators connected to transmission or distribution grids at one point of the operator’s grid. Other definitions used in this Procedure are described in the Law of the Republic of Lithuania on Energy (Valstybės žinios (Official Gazette) No 56-2224, 2002), the Law of the Republic of Lithuania on Electricity (Valstybės žinios (Official Gazette) No 66-1984, 2000; No 107-3964, 2004), the Law of the Republic of Lithuania on Biofuel, Biofuels for Transport and Bio-oils (Valstybės žinios (Official Gazette) No 64-1940, 2000; No 28-870, 2004).
  201. This Procedure, with the exception of paragraphs 5, 6, 24 and 25, shall not apply to producers, where: 4.
  202. electricity generated or to be generated by them is used or will be used by the producer for own purposes; 4.
  203. electricity is generated or is intended to be generated by them in: 4.2.
  204. biomass power plants, when the share of biomass and biogas accounts for less than 70 per cent in the fuel balance; 4.2.
  205. other types of power plants, when the share of renewable energy sources accounts for less than 90 per cent in the fuel balance; 4.2.
  206. wind power plants, when the total (aggregate) installed capacity of all generators (hereinafter referred to as capacity) is over 250 kW and when such a wind power plant is built or planned to be built in zones other than those indicated in Annex 1 to this Procedure, or exceeding the maximum capacity established for these zones.
  207. A power plant with a capacity below 6 MW shall be connected only to the distribution grid. Power plants with 6 MW and higher capacity shall be connected to the transmission grid or the distribution grid, subject to the technical capabilities of the distribution grid. II. PROMOTIOn OF generation AND PURCHASE
  208. The accounting of electricity generated from renewable energy sources and the transparency of accounts must comply with Articles 33 and 34 of the Law of the Republic of Lithuania on Electricity and the requirements set forth in other legal acts. The Ministry of Economy or an institution authorised by it shall manage the overall accounts of the generation and purchase of electricity generated from renewable and waste energy sources.
  209. Pursuant to this Procedure, the generation of electricity in wind power plants, biomass power plants and solar power plants, as well as hydropower plants with a capacity of up to 10 MW, and the purchase of such electricity, with the exception of electricity generated as specified in paragraph 4 of this Procedure, shall be promoted.
  210. The procedure and conditions for promoting the purchase of electricity generated in geothermal power plants or hydropower plants with a capacity over 10 MW, as well as for connecting these power plants to grids may be established by the Government of the Republic of Lithuania.
  211. Prior to hourly trade in electricity with suppliers being introduced by the Minister of Economy, electricity generated in the power plants referred to in paragraph 7 of this Procedure shall be purchased from producers at the rates approved by Resolution No 7 of the National Control Commission for Prices and Energy of 11 February 2002 on Prices of Public Service Obligations in the Electricity Sector (Valstybės žinios (Official Gazette) No 16-648, 2002), which shall be differentiated on the basis of the type of renewable energy source, without exceeding the annual volume for each type of energy source specified in Annex 2 to this Procedure. Upon the introduction of hourly trade in electricity with suppliers, until 31 December 2020, electricity generated in the power plants referred to in paragraph 7 of this Procedure shall be purchased at contractual prices, compensating producers for the difference between the revenue level calculated on the basis of the rate set by the National Control Commission for Prices and Energy for that type of energy source and the revenues actually received from the sales of electricity at contractual prices, without exceeding the annual volume for each type of energy source specified in Annex 2 to this Procedure. The procedure and conditions for purchasing, calculating and compensating for the difference in prices shall, not later than three months prior to the introduction of hourly trade in electricity with suppliers, be set forth in the Rules for Imposing Public Service Obligations approved by Order No 380 of the Minister of Economy of 18 December 2001 (Valstybės žinios (Official Gazette) No 110-4010, 2001). Starting from 2010, the purchase of electricity generated from renewable energy sources shall be promoted by introducing the Green Certificate system.
  212. The market operator, taking into consideration the actual amount of electricity generated during the current year and the dates on which new power plants (under construction or planned to be constructed) will be put into operation, shall, before 15 July of each year, present to the Ministry of Economy forecasts for electricity generation from renewable energy sources by each type of energy source for the following year. When forecasts predict that the volume of electricity generation in power plants using one type of energy source in the following year will exceed the annual volume of electricity generation from this type of energy source specified in Annex 2 to this Procedure, which is covered by the provisions of this Procedure, the Ministry of Economy, taking into account the forecasted total volume of electricity generation from renewable and waste energy sources specified in Annex 2 to this Procedure, shall, not later than by 1 September of the current year, establish purchase quotas for electricity generated in these power plants for the following year. Quotas shall be established with respect to all power plants of producers using this type of energy source pro rata to their capacity. The provisions of this Procedure shall not apply to electricity generated above the established purchase quotas. Producers shall trade in electricity generated in excess of the quotas under bilateral contracts and at auctions. The provisions of this paragraph shall not apply to producers generating electricity in wind power plants, when the capacity of one power plant does not exceed 250 kW. The provisions of this Procedure shall apply to all electricity generated in these power plants.
  213. Producers shall, on a monthly basis, submit to the energy enterprise purchasing electricity generated by them information on the fuel balance for the previous month at the power plant in which the electricity was generated, as requested by the Ministry of Economy. Where, pursuant to paragraph 4.2 of this Procedure, the procedure for the promotion of purchase does not apply to electricity generated and supplied to the grid by producers last month, such electricity shall be purchased at contractual prices established in contracts concluded between producers and the transmission grid operator or public supplier for the purchase and sales of electricity the purchase whereof is promoted. The State Energy Inspectorate under the Ministry of Economy shall control the correctness of submitted information. Having discovered that a producer has presented incorrect information on the fuel balance at the power plant for the previous month or previous periods, the energy enterprise shall have the right to require the producer to compensate for the losses incurred and the purchase of electricity generated in this power plant shall not be promoted for 12 months from the date of the establishment of the violation. The provisions of this paragraph shall not apply to producers generating electricity in power plants that may use only one type of energy source. III. EXPANSION OF GENERATION AND CONNECTION OF POWER PLANTS TO THE GRIDS
  214. The power plants referred to in paragraph 7 of this Procedure shall be connected to the existing grids of energy enterprises in accordance with the procedure established by legal acts, applying a 40 per cent connection fee discount to producers, which shall be considered as the purchase of public service obligations and compensated to the operators who have connected these power plants in the following year.
  215. The extent of support to the expansion of new electricity generating capacities from renewable energy sources is specified in Annex 2 to this Procedure.
  216. Authorisations to expand electricity generating capacities (hereinafter referred to as authorisations) shall be issued to producers who intend to build wind power plants with a capacity of up to 250 kW, hydropower plants, biomass power plants, solar power plants or geothermal power plants in accordance with the procedure established by legal acts.
  217. Wind power plants with a capacity over 250 kW shall be built in the zones specified in Annex 1 to this Procedure, without exceeding the maximum capacity established for each zone and the total capacity of 200 MW for all zones. Producers intending to build such power plants shall be issued authorisations by tender.
  218. Tenders for authorisations, irrespective of the grid to which a power plant will be connected, shall be organized and carried out by the transmission grid operator, in accordance with the following conditions: 16.
  219. a tender commission consisting of representatives of the Ministry of Economy, the National Control Commission for Prices and Energy, the State Energy Inspectorate under the Ministry of Economy and electricity grid operators shall be set up; 16.
  220. a separate call or calls for tenders shall be issued for each zone specified in Annex 1 to this Procedure, or a part thereof; 16.
  221. with regard to the technical and expansion capabilities of the electricity grid, a call for tenders may be issued for one or several authorisations (for a zone); 16.
  222. upon issuing a call for tenders, all producers wishing to participate in the tender shall receive preliminary technical conditions for the connection of power plants to the grid or the revised version thereof and the intended price of connection to the grid; 16.
  223. the tender evaluation criterion shall be the highest additional payment offered per one megawatt (MW) of the power plant to be built by a tenderer, which the tenderer undertakes to pay to the operator as an extra fee for the connection of the power plant to the grid; 16.
  224. where several tenderers offer the same additional payment per one megawatt (MW) of the power plant to be built by a tenderer, the authorisation shall be awarded to the tenderer intending to build a power plant with higher capacity, but not exceeding the capacity specified in tender conditions; 16.
  225. if no winner is selected according to the criteria specified in paragraphs 16.5 and 16.6, a repeat call for tenders shall be issued in which the lowest additional payment offered per one megawatt (MW) of the power plant to be built by a tenderer must be equal to the best offer of the previous tender; 16.
  226. tender conditions shall be established by the tender commission.
  227. After the completion of the tender, the transmission grid operator shall, not later than within three working days, submit to the Ministry of Economy the minutes of the meeting of the tender commission and copies of the documents submitted to the tender by the successful tenderer.
  228. The successful producer shall, not later than within three months after the completion of the tender, apply to the Ministry of Economy with a request to issue an authorisation.
  229. An authorisation issued on the basis of the tender results shall be valid for 24 months from the issue date and may be extended for another six months if the power plant design works have been completed, the connection fee specified in paragraph 21.2 of this Procedure has been paid and not less than 50 per cent of works specified in the construction estimate have been carried out. If the producer fails to fulfil its obligations undertaken during the tender procedures or fails to construct the power plant within the specified time limits, the connection fee discount established in this Procedure shall not be granted to that producer and the procedure for promoting the purchase of electricity shall not apply to electricity generated in that power plant.
  230. If the successful tenderer fails to submit a request to issue an authorisation within three months or has been refused such an authorisation on reasonable grounds, or the power plant is not put into operation within the time specified in paragraph 19 of this Procedure, a new call for tenders for authorisation shall be issued.
  231. The producer, having received the authorisation, shall in accordance with the procedure established by legal acts apply for designing conditions necessary for connecting the power plant and conclude a contract with the grid operator for connection. The contract shall specify the following: 21.
  232. the rate of the fee for the connection of the power plant to the operator’s electricity grid calculated in accordance with the Procedure and Conditions for Connecting Energy Facilities (Networks, Equipment, Systems) of Electricity Customers and Producers to the Existing Facilities (Networks, Equipment, Systems) of Energy Enterprises approved by Order No 326 of the Minister of Economy of the Republic of Lithuania of 17 September 2002 (Valstybės žinios (Official Gazette) No 94-4061, 2002); 21.
  233. the amount of the connection fee actually paid by the producer, which is calculated taking into account the discount established in paragraph 12 of this Procedure; 21.
  234. the amount of additional payment undertaken to be paid by the successful tenderer, calculated depending on the tender results.
  235. The additional payment referred to in paragraph 21.3 of this Procedure shall be paid by the successful tenderer to the operator connecting the power plant to the grid not later than within one month from the signature of the contract for connection.
  236. The additional payment paid by the successful tenderer to the operator shall be considered as the sales of public service obligations paid for by the operator who has connected the power plant. IV. PROVISION OF INFORMATION
  237. Producers must provide information about electricity generated and sold by them.
  238. The scope of information, time limits and periodicity of its provision as well as institutions to which this information is provided shall be established by the Ministry of Economy. V. FINAL PROVISIONS
  239. Complaints lodged by producers concerning the justification of the preliminary technical conditions for the connection of the power plant to the grid and/or designing conditions for the connection of the power plant to the grid issued by operators shall be heard by a commission set up by the Minister of Economy. If the commission decides that the complaint of the producer is well-founded, the operator must revise the issued conditions not later than within two month.
  240. The cultivation of biomass intended for biomass power plants (including combined heat and power plants) shall be promoted by granting a concession in accordance with the procedure established by Law of the Republic of Lithuania on Concessions (Valstybės žinios (Official Gazette) No 92-2141, 1996; No 70-3163, 2003), by allotting land necessary for its cultivation from the stock of the unoccupied state land under concession.
  241. Persons in violation of this Procedure shall be held liable in accordance with the procedure established by laws of the Republic of Lithuania. ___________________ Annex 1 to the Procedure for the Promotion of Generation and Purchase of Electricity Generated from Renewable Energy Sources ZONES OF THE CONNECTION OF WIND POWER PLANTS TO THE GRIDS Zone Total maximum capacity of wind power plants (MW) Position of zone Reconstruction works of substations and grids required for connection Comments Zone 1 30 Distribution grids Producer has the right to choose a place Zone 2 40 110 kV overhead transmission line Klaipėda–Pagėgiai, Juknaičiai substation Expansion of Juknaičiai substation Zone 3 45 110 kV overhead transmission line Klaipėda–Palanga–Šventoji Construction of one new transformer substation Zone 4 30 110 kV overhead transmission line Šventoji–Židikai Construction of one new transformer substation Zone 5 35 Section Klaipėda–Rietavas of 110 kV overhead transmission line Construction of one new transformer substation Zone 6 20 Transmission grids Construction of one new transformer substation Producer has the right to choose a place outside the boundaries of zones 2, 3, 4 and 5 –––––––––––––––– Annex 2 to the Procedure for the Promotion of Generation and Purchase of Electricity Generated from Renewable Energy Sources MAXIMUM VOLUME of electricity generation from renewable energy sources COVERED BY the PROCEDURE FOR THE PROMOTION OF PURCHASe No Units 2004 2005 2006 2007 2008 2009
  242. Planned maximum volume of electricity generation from renewable energy sources covered by the procedure for the promotion of purchase, in total GWh 71.4 130.5 241.4 375.5 482.2 572.7 Of which: 1.
  243. Wind power plants: 1.1.
  244. Planned electricity generation volume GWh 1.4 27.4 96.2 182 259.6 320.4 1.1.
  245. Forecasted capacity of power plants at the beginning of year MW 0.85 0.85 31 82 132 173 1.1.
  246. Total capacity of power plants planned to be constructed in the zones specified in Annex 1 to this Procedure MW 30 50 50 40 30 1.1.
  247. Total capacity of power plants planned to be constructed with the total installed capacity of up to 250 kW MW 0.5 1 0.5 1 0.5 1.
  248. Hydropower plants: 1.2.
  249. Planned electricity generation volume GWh 65 90 106 114 118 122 1.2.
  250. Forecasted capacity of power plants at the beginning of year MW 19 20 25 28 29 30 1.2.
  251. Total capacity of power plants planned to be constructed MW 1 5 3 1 1 1 1.
  252. Biomass power plants: 1.3.
  253. Planned electricity generation volume GWh 5 13.1 39.1 79.1 103.1 127.1 1.3.
  254. Forecasted capacity of power plants at the beginning of year MW 2.3 2.3 6.8 18.8 20.8 30.8 1.3.
  255. Total capacity of power plants planned to be constructed MW 4.5 12 2 10 2 1.
  256. Solar and geothermal power plants: 1.4.
  257. Planned electricity generation volume GWh 0.4 1.4 3.2 1.4.
  258. Forecasted capacity of power plants at the beginning of year MW 0.2 0.6 1.4.
  259. Total capacity of power plants planned to be constructed MW 0.2 0.4 1
  260. Planned volume of electricity generation from renewable energy sources not covered by the procedure for the promotion of purchase (for own purposes, Kaunas HPP), in total GWh 362.5 333.4 336.4 339.4 380.4 422.4 Of which: 2.
  261. Hydropower plants: 2.1.2 Planned electricity generation volume GWh 360 330 330 330 330 330 2.1.
  262. Forecasted capacity of power plants at the beginning of year MW 100.8 100.8 100.8 100.8 100.8 100.8 2.1.
  263. Total capacity of power plants planned to be constructed MW 2.
  264. Biomass power plants: 2.2.
  265. Planned electricity generation volume GWh 2.5 3.4 6.4 9.4 50.4 92.4 2.2.
  266. Forecasted capacity of power plants at the beginning of year MW 0.6 0.6 1.1 2.1 2.6 22.6 2.2.
  267. Total capacity of power plants planned to be constructed MW 0.5 1 0.5 20 1
  268. Forecasted electricity consumption GWh 11556 11666 11818 12166 12506 12896
  269. Share of electricity generated from renewable energy sources in the total domestic electricity consumption percentage 3.8 4 4.9 5.9 6.9 7.7 ––––––––––––––––––––––––––– APPROVED by Resolution No 1474 of the Government of the Republic of Lithuania of 5 December 2001 PROCEDURE FOR RECOGNISING ELECTRICITY FACILITIES AS ENERGY FACILITIES OF NATIONAL IMPORTANCE I. GENERAL PROVISIONS
  270. This Procedure shall set general and specific requirements for electricity facilities which may (must) be recognised as energy facilities of national importance, as well as regulate recommendation to recognise them as facilities of national importance (establish the methodology).
  271. Definition used for the purposes of this Procedure: electricity facilities of national importance shall mean objects, buildings, constructions or installations of the energy sector, which may be chosen as targets of destruction in case of military conflicts and therefore may become disaster areas, as well as energy facilities irrespective of their ownership the failure or disruption of control, functioning or normal operation of which would pose a threat or inflict serious damage to the national security of the Republic of Lithuania – would disrupt State government and administration, the functioning of the economic system and a branch of economy or infrastructure important to the State, cause environmental pollution, or mass human casualties; hazardous energy facilities shall mean buildings, constructions or installations where one or several hazardous substances or their waste are constantly or temporarily manufactured, kept, re-loaded, used, stored or neutralised, as well as hydropower constructions; emergency shall mean a situation caused by natural, technical, ecological or social reasons or military actions and posing a sudden and grave hazard to human life or health, their property, nature or causing death and mutilation of people or property losses; energy installation shall mean a technical construction (mechanism, machinery, apparatus, line, their auxiliary equipment) intended for electricity generation, transmission and distribution; producer shall mean a person generating electricity.
  272. This Procedure shall be binding on: 3.
  273. state institutions and economic entities whose competence covers the issues of electricity generation, transmission, distribution and supply; 3.
  274. municipalities within the territory of which electricity generation, transmission, supply and distribution enterprises are located. II. CRITERIA FOR RECOGNISING ELECTRICITY FACILITIES AS ENERGY FACILITIES OF NATIONAL IMPORTANCE AND THEIR ACCOUNTING
  275. The following facilities shall be regarded as energy facilities of national importance: 4.
  276. power plants with the total installed capacity of all generators over 50 MW; 4.
  277. electricity transmission networks if voltage is 110 kV and more, and associated equipment; 4.
  278. nuclear energy facilities; 4.
  279. hydropower plants with the total installed capacity of all generators over 10 MW, and their hydro-technical constructions; 4.
  280. other energy facilities recognised as facilities of national importance by decisions of the Ministry of Economy.
  281. Energy facilities of national importance shall be recorded in the Register of Facilities of National Importance and Hazardous Facilities, which shall be managed by the Civil Protection Department under the Ministry of National Defence in accordance with the provisions laid down in Article 10
(2)
(4)of the Law of the Republic of Lithuania on Civil Protection (Valstybės žinios (Official Gazette) No 115-3230, 1998) and Resolution No 1386 of the Government of the Republic of Lithuania of 8 November 2000 on the Reorganisation of the Register of Hazardous Facilities of Lithuanian Economy into the Register of Facilities of National Importance and Hazardous Facilities (Valstybės žinios (Official Gazette) No 98-3117, 2000).
  1. The Ministry of Economy together with other state institutions shall: 6.
  2. consider applications of municipalities or respective enterprises (register data suppliers) to grant the energy enterprise (facility) the status of the energy facility of national importance; 6.
  3. within one month from the receipt of the application and the information specified in paragraph 7.1, take decisions on the recognition of the enterprise as an energy facility of national importance (executed by the order of the Minister).
  4. A municipality or an enterprise shall submit the following information with its written application to grant the enterprise the status of the energy facility of national importance: 7.
  5. to the Ministry of Economy: 7.1.
  6. the full name, address and identification code (if any) of the facility; 7.1.
  7. main data about probable accidents at the facility (about possible effects on ensuring the stability of electricity supply to customers (settlements)); 7.1.
  8. the number of the population (customers) in possible zones of impact; 7.1.
  9. data about the available emergency response forces; 7.
  10. to the Civil Protection Department under the Ministry of National Defence (Civil Protection Department of the Administration of the County Governor): 7.2.
  11. a copy of the order of the Minister of Economy granting the status of the energy facility of national importance to the respective facility; 7.2.
  12. copies of the data specified in paragraph 7.1; 7.2.
  13. data in accordance with the requirements set for the registration data (paragraph 15) in the provisions of the Register of Facilities of National Importance and Hazardous Facilities approved by Resolution No 1386 of the Government of the Republic of Lithuania of 8 November 2000, provided that such data, taking into account their specific nature, are available or may be accumulated. III. FINAL PROVISIONS
  14. Persons in violation of this Procedure shall be held liable in accordance with the procedure established by laws of the Republic of Lithuania.
  15. The Ministry of Economy, the Ministry of National Defence and the Ministry of Environment shall exercise control over compliance with the provisions of this Procedure in accordance with the procedure established by laws. ___________________

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