v GOVERNMENT OF THE REPUBLIC OF LITHUANIA R E S O L U T I O N No. 1302 ON THE APPROVAL OF REGULATIONS ON LICENSING CARRY

v GOVERNMENT OF THE REPUBLIC OF LITHUANIA R E S O L U T I O N No. 1302 ON THE APPROVAL OF REGULATIONS ON LICENSING CARRYING TRAVELLERS AND CARGOES BY SHIPS IN THE REPUBLIC OF LITHUANIAN AND ON INTERNATIONAL ROUTES 5 November 1998 Vilnius Following Paragraph Article 13 of the Republic of Lithuania Law on Enterprises (Official Gazette Valstybės žinios No. 14-395, 1990; No. 96-2419, 1997) the Government of the Republic of Lithuania resolves:

1. To approve the Regulations on Licensing Carrying Travellers and Cargoes by Ships in the Republic of Lithuania and on International Routes (attached).
2. To establish that: 2.
3. The Ministry of Transport shall issue and re-register licenses to engage in carrying travellers by ships in the Republic of Lithuania, as well as in carrying travellers and cargoes by ships on international routes, shall carry out supervision of the licensed activities, and, in case of need, suspend and cancel validity of these licenses; 2.
4. enterprises that have licenses to carry travellers and cargoes by ships on international routes or licenses to carry travellers by ships on the territory of the Republic of Lithuania, issued prior to coming into effect of this Resolution, may engage in this activity as long as the validity term of the license expires.
5. To recognise as null and void paragraphs 1, 2 and 3 of Resolution No, 232 of the Government of the Republic of Lithuania of 9 February 1996 “On the Approval of the Regulations on Issuance of Licenses to Carry Travellers and Cargoes by Ships, to Provide Factoring and Forwarding Services in Water Transport, to Engage in Towing of Vessels, Provide Pilot Services, to Engage in Rescuing and Underwater Technical Works, Operate Sea Ports According to their Functional Purpose” (Official Gazette Valstybės žinios No. 15–397, 1996). Prime Minister Gediminas Vagnorius Minister of Transport Algis Žvaliauskas APPROVED by Resolution No. 1302 of the Government of the Republic of Lithuania of 5 November 1998 REGULATIONS ON LICENSING CARRYING TRAVELLERS AND CARGOES BY SHIPS IN THE REPUBLIC OF LITHUANIA AND ON INTERNATIONAL ROUTES GENERAL PROVISIONS
6. These Regulations shall regulate the procedure and terms and conditions of issuing licenses to engage in carrying travellers by ships in the Republic of Lithuania, as well as carrying travellers and cargoes on international routes.
7. Definitions used for the purpose of these Regulations: vessel means a self-propelled and non-self-propelled sailing construction that has a name, the crew and the national flag; carrier means an enterprise, which has been granted the right to carry travellers and cargoes in the procedure established by the laws of the Republic of Lithuania or other legal acts.
8. Licenses shall be issued to the enterprises, which are registered in the Republic of Lithuania irrespective of their type or the form of ownership. The enterprises shall have the right to have licenses of several types. TYPES OF LICENSES
9. An enterprises, which wants to engage in carrying travellers by ships in the Republic of Lithuania, as well as carry travellers and cargoes by ships on international routes, must obtain a license in the manner prescribed by these Regulations.
10. The following types of licenses shall be established: 5.
11. to engage in carrying travellers by ships in the Republic of Lithuania. This license shall grant the carrier the right to carry travellers by ships on the territory of the Republic of Lithuania; 5.
12. to engage in carrying travellers and cargoes by ships on international routes. This license shall grant the carrier the to carry travellers and cargoes when crossing the state border of the Republic of Lithuania. INSTITUTION THAT ISSUES LICENSES AND ITS POWERS
13. The Ministry of Transport shall issue licenses specified in Paragraph 5 and shall manage their Register. The Register of licenses must specify the number of the license, the license holder (the name, code and the address of the enterprise), the name of an economic activity to engage in which the license has been issued, names of vessels and their data (total tonnage, the number of travellers, the port of registration of the vessel, the registration number and the date of registration), the date of issuance of the license, the date of re-registration of the license, the date of suspending the validity of the license, the date of cancelling suspension of the validity of then license, the day of cancellation of the validity of the license. Interested persons, in the procedure established by the Ministry of Transport, shall have the right to receive information about whether the specific enterprise has a license and if that license is valid (if its validity has not been suspended or cancelled).
14. In cases specified in Paragraphs 19, 27, 29 and 30 the Ministry of Transport shall have the right to: 7.
15. refuse to issue or re-register the license; 7.
16. suspend the validity of the license and cancel suspension of its validity; 7.
17. to cancel the validity of the license. REQUIREMENTS SET TO ENTERPRISES SEEKING TO OBTAIN A LICENSE
18. The following requirements shall be set to the enterprises seeking to obtain a license: 8.
19. the vessels whereby it is planned to carry out the licensed activity, must comply with the requirements set forth in legal acts of the Republic of Lithuania and international documents of maritime law and must have valid documents confirming that; 8.
20. enterprises must have relevant divisions (specialists), which could organise and ensure safe transportation of travellers and cargoes by ships, as well as safe operation of vessels; 8.
21. the crew of the vessels whereby it is intended to engage in the licensed activity, must be formed of the seafarers (river transport workers) who have valid documents confirming speciality acquired by seafarers (river transport workers) and the right to do corresponding duties on board a vessel. ISSUANCE AND RE-REGISTRATION OF LICENSES
22. The enterprise, seeking to obtain a license to engage in carrying travellers by ships in the Republic of Lithuania or a license to engage in carrying travellers and cargoes on international routes shall submit an application of an established form to the Ministry of Transport. The following documents shall be submitted together with the application: 9.
23. copies of the Articles of Association of the enterprise (for which they are mandatory) and the registration of the enterprise certified by a notary. The Articles of Association must specify the kind of the activity related to carrying out travellers and cargoes by water transport; 9.
24. a certificate about the divisions (specialists) of the enterprise in charge of safe transportation of travellers and cargoes by ships , as well as safe operation of vessels, or a copy of the contract with another navigation company (enterprise), which must the said divisions (specialists) and agrees to ensure safe navigation to that carrier certified by a notary; 9.
25. a certificate about one’s own and hired vessels whereby it is intended to engage in the licensed activity (documents confirming the right of ownership or the fact of hire shall be attached). The certificate must contain the names of vessels, total tonnage, the number of seats for travellers, the port of registration of the vessel, the number and date of registration.
26. After the enterprise has submitted the application to obtain a license and the necessary documents, the Ministry of Transport must, within 30 days from their receipt, consider them and take a decision to issue a license or to present a reasoned refusal to the applicant to do that. Refusal to issue a license cannot be based on inexpedience of the activity of the enterprise.
27. Upon receipt of the documents, which are necessary to obtain a license, the Ministry of Transport shall commission the Master of the Klaipėda State Sea Port or the State Internal Waters Navigation Inspectorate, within 5 working days, to issue a certificate about the divisions (specialists) within the enterprise that have the right and are able to organise and ensure safe navigation of vessels, transportation of travellers and cargoes by ships, as well as compliance of the vessels, their crews with the requirements set forth in relevant international conventions, the laws of the Republic of Lithuania and resolutions of the Government of the Republic of Lithuania.
28. The stamp duty of the established amount shall be paid for issuance and re-registration of the license. After the decision to issue or to re-register the license has been adopted, the enterprise shall submit the money order bearing the stamps of the bank or a receipt confirming that the stamp duty has been paid.
29. The license shall specify the following: 13.
30. the institution, which has issued the license; 13.
31. the number of the license; 13.
32. the license holder (the name, code and address of the enterprise) 13.
33. the name of the economic-commercial activity to engage in which the license is being issued; 13.
34. the date of issuance of the license; 13.
35. the date of re-registration of the license; 13.
36. the official who has issued the license; 13.
37. names of vessels and their data (total tonnage, the number of seats for travellers, the port of registration of the vessel, the number and date of registration). The Ministry of Transport shall establish the form of the license.
38. The license shall be issued for an unlimited period of time, however, it shall be re-registered annually.
39. The license holder who wants to re-register the license, within not less than 30 days prior to the data of re-registration, must submit an application to the Ministry of Transport to re-register the license. Upon receipt of the application the Ministry of Transport shall commission the Master of Klaipėda State Sea Port or the State Internal Waterways Navigation Inspectorate, within 5 working days, to provide a certificate about compliance of vessels and their crews with the requirements set forth in the laws of the Republic of Lithuania and international conventions, violations of the requirements of safe navigation registered during the past year, as well as compliance of divisions (specialists) of the enterprise, which ensure safe navigation with the requirements set forth in the conventions, as well as their performance results.
40. The Ministry of Transport, not later than within 30 days from submission of the application specified Paragraph 15, shall adopt the decision to re-register or refuse to re-register the license and shall notify the applicant thereof in writing. Refusal to re-register the license must be reasoned.
41. The enterprise that has a license and that has additionally acquired or hired a vessel whereby it is planned to carry out the licensed activity, shall submit an application to the Ministry of Transport to enter that vessel in the license issued, and shall attach the license obtained to the application. Upon receipt of the application, the Ministry of Transport shall commission the Master of Klaipėda State Sea Port or the State Internal Waterways Navigation Inspectorate, within 5 working days, to provide a certificate about compliance of vessels and their crews with the requirements set forth in the laws of the Republic of Lithuania and international conventions, violations of the requirements of safe navigation registered during the past year, as well as compliance of divisions (specialists) of the enterprise, which ensure safe navigation with the requirements set forth in the conventions, as well as their performance results. Upon receipt of the said certificate, the Ministry of Transport must, within 3 working days to enter the vessel in the license or following Point 19.5 present reasoned refusal to the applicant to do that.
42. Upon losing the licence, the license holder must announce about it in one of the dailies of the Republic of Lithuania and present a reason explanation to the Ministry of Transport. The Ministry of Transport shall issue a duplicate of the license bearing the label “a duplicate”. REFUSAL TO ISSUE OR RE-REGISTER THE LICENSE
43. The Ministry of Transport shall have no right to issue or re-register the license if: 19.
44. not all the documents specified in these Regulations are submitted; 19.
45. documents prepared in an improper manner are submitted; 19.
46. false data are presented in the documents submitted; 19.
47. the documents submitted fail to comply with the requirements set to them; 19.
48. the qualification of the members of the crew of the vessels of the enterprise fail to comply with the requirements set to the activity to engage in which a license is needed; 19.
49. the requirements for safe navigation have been violated twice during a year (in case of re-registration of the license only).
50. After the decision to refuse to issue or re-register the license has been adopted, the applicant shall be notified thereof in writing specifying the reasons of refusal to issue of re-register the license. The enterprise shall have the right to appeal against this decision in court.
51. In case of refusal to issue or re-register the license, the enterprise shall have the right to apply again in the established procedure. TERMS AND CONDITIONS OF THE LICENSED ACTIVITY
52. The activity of the enterprises, which engage in the licensed activity, shall be controlled and terms and conditions of the licensed activity shall be monitored by the Ministry of Transport and its authorised state supervisory agencies, within the scope of their competence.
53. License holders must constantly comply with the requirements set forth in Paragraph 8, the laws of the Republic of Lithuania, international treaties, resolutions of the Government of the Republic of Lithuania and other legal acts regulating the licensed activities.
54. License holders shall have no right in their name to authorise other enterprises or permit other enterprises to carry out the licensed activities.
55. The enterprise, which has a license, shall have the right to carry out the activity specified in the license only by means of the vessels specified in the license.
56. The originals of all kinds of licenses shall be kept at the enterprise, and the copies of the licenses certified by the Head of the enterprise shall be kept in vessels. SUSPENSION AND CANCELLATION OF THE VALIDITY OF LICENSES
57. The validity of the license shall be suspended in case: 27.
58. the enterprise had terminated the licensed activity for more than 6 months or if it failed to commence the activity within 6 months after the license was issued; 27.
59. it turns out that false data have been presented to obtain a license; 27.
60. the terms and conditions of the licensed activity specified in these Regulations are not fulfilled; 27.
61. the enterprise fails to ensure safe transportation of travellers and cargoes, as well as safe operation of the vessels; 27.
62. The State Tax Inspectorate or a state insurance enterprise informs that the enterprise has failed to submit a tax declaration in time and in the manner prescribed by the Law on Taxes or avoids paying taxes in any other way, prevents the Tax Administrator from properly fulfilling his/her duties and implementing the rights granted by the law.
63. Upon suspension of the validity of the license, the Ministry of Transport shall, within 3 working days, notify thereof the license holder and established the time during which the license holder must eliminate violations of the terms and conditions of the licensed activity. This period of time may be extended if the license holder present a reasoned request.
64. Having eliminated the violations the license holder shall inform the Ministry of Transport thereof in writing, and the latter shall verify that information, and within 3 working days shall adopt the decision to cancel suspension of the validity of the license or to cancel the validity of the license provided that the violation has not been eliminated within the specified period of time.
65. The validity of the license shall be cancelled if: 30.
66. the license holder terminates the licensed activity and submit an application to the Ministry of Transport to cancel the validity of the license; 30.
67. the enterprise whose validity of the license has been suspended, fails to eliminate the violations of the licensed activity within the established period of time; 30.
68. the validity of the license issued to the license holder has been suspended and the license holder committed a violation related to the licensed activity for the second time within the period of one year; 30.
69. the enterprise ended its activity as an independent economic entity; 30.
70. the license holder failed to re-register the license at the established time in the manner prescribed by these Regulations. In that case the Ministry of Transport, prior to cancelling the validity of the license, must notify the license holder thereof and to fix the time within which the validity of the license shall not be cancelled in the event the license holder has re-registered the license.
71. The enterprise shall be notified of the cancellation of the validity of the license and its reasons in writing within 3 working days from the day of adopting the decision to cancel the validity of the license. Upon receipt of the notification about cancellation of the validity of the license, the license holder must, within 15 days, return the original of the license to the Ministry of Transport.
72. In the event the validity of the license has been cancelled due to the reasons specified in Point 30.3, a new license may be issued not earlier than within one year after the day on which the decision to cancel the validity of the license was adopted. INFORMATION ABOUT ISSUANCE, RE-REGISTRATION, SUSPENSION OR CANCELLATION OF THE VALIDITY OF THE LICENSE
73. The Ministry of Transport, having issued, re-registered the license, suspended its validity, cancelled the suspension of the validity or cancelled the validity of the license shall announce about it in the Official Gazette Valstybės žinios. The announcement shall contain the following data: 33.
74. the name, code and address of the enterprise; 33.
75. the activity to engage in which the license has been issued; 33.
76. the license number; 33.
77. dates of issuing the license, suspending its validity, cancelling suspension of the validity and cancelling the validity of the license. ____________________