Official translation

Official translation Official translation REPUBLIC OF LITHUANIA LAW ON BIOFUEL, BIOFUELS FOR TRANSPORT AND BIO-OILS 18 July 2000 No VIII-1875 Vilnius (Last amended on 12 January 2009 – No XI-138) Article

1. Purpose of the Law
2. This Law shall regulate legal conditions of the production and use of biofuel, biofuels for transport and bio-oils.
3. The purpose of this Law shall be to ensure the application of the legal act of the European Union specified in the annex to this Law. Article
4. Objectives of the Law The objectives of this Law shall be as follows: 1) to promote the production and use of biofuel, biofuels for transport and bio-oils, taking into account the requirements of the legal acts of the European Union and the international commitments of the Republic of Lithuania 2) to reduce the dependence of the national energy sector on fuels produced from mineral resources and imported raw materials; 3) to increase the efficient use of local, renewable and alternative energy resources and the security energy supply; 4) to reduce greenhouse gas emissions levels; and 5) to implement the provisions of the legal act of the European Union, specified in the Annex to the Law. Article
5. Main Definitions of this Law
6. “Bio-oils" means lubricants and oils produced from vegetal or animal substances.
7. “Biofuels for transport” means biofuel suitable for use in internal-combustion engines as fuels. At least the products listed below shall be considered biofuels for transport (biofuel): 1) "bioethanol": ethanol (ethyl alcohol) produced from biomass and/or the biodegradable fraction of waste, to be used as biofuel; 2) "biodiesel": a methyl (ethyl)-ester produced from vegetable or animal oil, of diesel quality, to be used as biofuel; 3) "biogas": a fuel gas produced from biomass and/or from the biodegradable fraction of waste, that can be purified to natural gas quality, to be used as biofuel, or woodgas; 4) "biomethanol": methanol produced from biomass, to be used as biofuel; 5) "biodimethylether": dimethylether produced from biomass, to be used as biofuel; 6) "bio-ETBE (ethyl-tertio-butyl-ether)": ETBE produced on the basis of bioethanol. The percentage by volume of bio-ETBE that is calculated as biofuel is 47 %; 7) "bio-MTBE (methyl-tertio-butyl-ether)": a fuel produced on the basis of biomethanol. The percentage by volume of bio-MTBE that is calculated as biofuel is 36 %; 8) "synthetic biofuels for transport (biofuel)": synthetic hydrocarbons or mixtures of synthetic hydrocarbons, which have been produced from biomass; 9) "biohydrogen": hydrogen produced from biomass, and/or from the biodegradable fraction of waste, to be used as biofuel; 10) "pure vegetable oil": oil produced from oil plants through pressing, extraction or comparable procedures, crude or refined but chemically unmodified, when compatible with the type of engines involved and the corresponding emission requirements.
8. “Biofuel” means flammable gaseous, liquid and solid products produced from biomass and used to produce energy.
9. “Biomass” means products and waste from agriculture (including vegetal and animal substances), forestry and related industries or the biodegradable fraction of such products and waste, as well as the biodegradable fraction of industrial and municipal waste.
10. “Energy content” means the lower calorific value of a fuel or fuels for transport.
11. “Producer” means a natural or legal person producing biofuel, biofuels for transport or bio-oils.
12. “User” means a natural or legal person using biofuel or energy converted from biofuel.
13. “Pilot project” means a pilot project, prepared by legal and/or natural persons and approved by a resolution of the Government of the Republic of Lithuania, for the promotion of the production, technological development and use of biofuel or a blend of biofuel and mineral fuels; such project shall meet the conditions laid down in paragraph 1 (a) of Article 15 of Council Directive 2003/96/EC. Article
14. Promotion of the Production and Use of Biofuel, Biofuels for Transport and Bio-oils
15. Production of biofuel, biofuels for transport and bio-oils from the raw material originating in the Republic of Lithuania shall be promoted through programmes approved by the Government and financed from the state budget.
16. Tax exemption established by law shall apply to producers and users of biofuel, biofuels for transport and bio-oils.
17. Production and processing of agricultural products as the raw material for the production of biofuel, biofuels for transport and bio-oils shall be promoted.
18. Production of biofuel shall be assimilated to the development of new, environmentally friendly technologies by using renewable energy sources. The status of a pilot project may be accorded to such activities by a resolution of the Government. Article
19. Competence of State Institutions
20. The Government shall: 1) approve measures and programmes designated to promote the production and use of biofuel, biofuels for transport and bio-oils; such measures and programmes shall be financed from the state budget; 2) in the national investment programme provide for support for pilot projects relating to the production of biofuel; 3) set a permitted or compulsory share of biofuel or biofuels for transport blended in fuels produced from oil.
21. The Ministry of the Environment shall: 1) carry out monitoring of the pollution of biofuel, biofuels for transport and bio-oils as compared to that of mineral fuel; 2) set down pollution requirements for the equipment using biofuel or biofules for trapsort; 3) evaluate the potential of products and waste from forestry and related industries, from which biofuel is produced; 4) together with municipalities promote the use of biofuel, biofuels for transport and bio-oils in protected territories; 5) in conjuction with the Ministry of Science and Education support research and educational programmes relating to the production and use of biofuel, biofuels for transport and bio-oils.
22. The Ministry of Energy shall: 1) be responsible for the development of production and use of flammable gaseous products (biogas), waste from forestry and wood wastes, straw, peat, other types of fuel of biological origin (waste from agriculture and plants used to produce energy); 2) lay down rules concerning the trade in biofuel, biofuels for transport and bio-oils; 3) be responsible for the implementation of this Law, the co-ordination of the approved support programmes, and furnish to the Government the summarised information about the state of the use of biofuel, biofuels for transport and bio-oils originating in the Republic of Lithuania.
23. The Ministry of Agriculture shall: 1) be responsible for the development of the production of flammable liquid products received from biomass; 2) taking into account the common agricultural policy and international obligations of the Republic of Lithuania, support the growing of plants from which biofuel, biofuels for transport and bio-oils are produced; 3) evaluate the potential of biomass from which biofuel, biofuels for transport and bio-oils are produced, by developing the co-ordinated use of crop areas; 4) draw up programmes for the support of producers of agricultural production whose production is used to produce biofuel, biofuels for transport and bio-oils originating in the Republic of Lithuania, and submit the said programmes to the Government for approval.
24. Organisers of the measures designated to promote the production and use of biofuel, biofuels for transport and bio-oils shall evaluate economic efficiency of the prepared measures. Article
25. Competence of Municipalities
26. Municipalities shall prepare and implement measures designated to promote the use of biofuel, biofuels for transport and bio-oils.
27. Municipalities shall promote the use of biofuel, biofuels for transport and bio-oils for public transport and the transport used in national parks, reserves and other protected and environmentally sensitive areas. Article
28. Informing
29. By co-ordinating their actions and with the participation of municipalities and scientific and educational institutions, the Ministry of the Environment, the Ministry of Energy, the Ministry of Transport and Communications, the Ministry Education and Science, and the Ministry of Agriculture shall prepare public education and informing measures promoting the use of biofuel, biofuels for transport and bio-oils.
30. The Government or an institution authorised by it shall lay down the procedure for reporting to the European Commission on the use of biofuel.
31. For the fulfilment of the assigned functions, state institutions and agencies shall have the right to obtain from municipalities, agencies and enterprises the necessary information about the production and use of biofuel, biofuels for transport and bio-oils. Enterprises shall furnish information about the production and use of biofuel, biofuels for transport and bio-oils to municipal institutions and agencies for the fulfilment of the functions assigned to them. Article
32. Quality and Placing on the Market of Biofuel, Biofuels for Transport and Bio-oils
33. Biofuel, biofuels for transport and bio-oils sold in the Republic of Lithuania must comply with the mandatory quality requirements and other set requirements, standards and European norms.
34. For percentages of biofuels for transport, blended in oil derivatives, when the amount of biofuels for transport exceeds the limit value of 5 %, a specific labelling at the sales points shall be imposed. The procedure for labelling shall be established in the rules concerning the trade in oil products, biofuel, biofuels for transport and bio-oils.
35. The Government or an institution authorised by it shall prepare the measures to ensure that by 31 December 2005 the proportion of biofuels for transport shall amount to at least 2 %, calculated on the basis of energy content, of all petrol and diesel for transport purposes placed on the national markets, and by 31 December 2010 – at least 5,75 %.
36. Confiscated alcohol products may be used in the production of biofuels for transport. The Government or institutions authorised by it shall lay down the procedure for the use of confiscated alcohol products in the production of biofuels for transport. Article
37. Liability Persons who have violated this Law shall be held liable in accordance with the procedure established by law. Annex to the Law of the Republic of Lithuania on Biofuel, Biofuels for Transport and Bio-oils THE LEGAL ACT OF THE EUROPEAN UNION WHICH IS BEING IMPLEMENTED Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport.