13 July 2006 No X-764 Vilnius CHAPTER ONE GENERAL PROVISIONS Article
and regulate legal relationships between water suppliers and subscribers (consumers). 2. The purpose of the Law shall be to ensure uninterrupted functioning of the drinking water
sector as well as development thereof determined by public needs, creating conditions for natural and legal persons to, on acceptable terms, be supplied with suitable quality drinking water and receive good quality waste water management facilities. 3. The provisions of this Law shall apply to all persons supplying cold drinking water and providing waste water management facilities. Article 2. Definitions 1. Subscriber means a natural or legal person also a representative office or subsidiary of a foreign legal person registered in the Republic of Lithuania who has entered into a water supply agreement with a water supplier regarding the purchase and sale of drinking water and/or provision of waste water management facilities or has connected his facilities for the use of drinking water, the necessary communications for the supply of drinking water and/or waste water management facilities to the drinking water supply and/or waste water management infrastructure that is operated by the water supplier. 2. Individual waste water disposal means the treatment and disposal of own waste water to the natural environment by means of the waste water management infrastructure managed by the right of ownership or on other lawful grounds. 3. Individual water abstraction means the collection of water from natural sources using facilities managed by the right of ownership or on other lawful grounds and the use thereof to satisfy own needs but not for sale. 4. Uninterrupted water supply and/or waste water management means drinking water supply and/or waste water management complying with the terms and conditions of a water supply agreement based on the amount, pressure, regularity and quality or only in accordance with the requirements of legal acts, where no written agreement has been concluded with the subscriber (consumer) but the subscriber’s (consumer’
infrastructure development plan means a territorial planning document (special plan) prepared for the whole territory of a municipality that establishes the territories of public water supply as well as water
infrastructure development objectives.
sector and administering the State financial support for public water supply, based on the public water supply regions, the water
state regulation objectives laid down in Article 3 of this Law shall be implemented.
infrastructure posing threat to human health and/or the environment mean elements of drinking water
infrastructure that, due to energy accumulated therein and ongoing processes, may pose a threat to human life, health, the environment or property and that require to be under the supervision of professionals with qualifications laid down in this Law and other legal acts. CHAPTER TWO REGULATING WATER
. State Management and Regulation Objectives of Water
The state management and regulation objectives of water
shall be as follows: 1) to ensure that as many persons as possible could supply themselves with drinking water meeting public health protection requirements and to handle waste water in accordance with the environmental requirements; 2) to ensure that public water supply in the whole territory of the country is carried out in compliance with the set requirements; 3) to improve the efficiency of the public water supply sector and to carry out uninterrupted and long-term water
in the whole territory of the country; 4) to develop the drinking water
price regulation system that would ensure the optimal price for subscribers (consumers) and recovery of costs incurred by water suppliers necessary for the proper carrying out of public water supply as well as the implementation of the polluter pays principle; 5) to ensure the protection of legitimate interests of subscribers (consumers) and water suppliers and to protect consumer rights. Article 4. Water
Regulation Measures The development of water
sector and water
activity regulation measures shall be as follows: 1) licensing of public water supply activity; 2) setting requirements for public water supply; 3) setting rules for the use and maintenance of the water
infrastructure; 4) setting qualification requirements for persons operating the water
infrastructure; 5) administering State financial support intended for the development of the water
infrastructure, with a view to implementing the water
state regulation objectives laid down in Article 3 of this Law; 6) controlling the safety and quality of the supplied drinking water and waste water management; 7) state regulation of prices for the drinking water supplied by public water suppliers and waste water management facilities provided; 8) setting the standard terms and conditions of public water supply agreements. Article 5. Water
Regulation Institutions Water
shall be regulated in accordance with the procedure laid down by this Law and other laws by: 1) the Government; 2) the Ministry of Environment; 3) the Ministry of Health; 4) the State Food and Veterinary Service under the Government of the Republic of Lithuania; 5) the National Control Commission for Prices and Energy; 6) municipal institutions; 7) the State Consumer Rights Protection Authority under the Ministry of Justice. Article 6. Sphere of Competence of the Government in Water
Regulation The Government shall: 1) form and implement the policy of the state regulation of drinking water
; 2) approve the Rules for Licensing of Public Water Supply; 3) approve the standard terms and conditions of public water supply agreements; 4) establish the procedure for organising tenders for the selection of public water suppliers; 5) establish public water supply regions; 6) establish the procedure for payment for the supplied drinking water and provided waste water management facilities; 7) establish the procedure for buying out drinking water
infrastructure facilities; 8) perform other functions laid down by this Law and other laws. Article 7. Sphere of Competence of the Ministry of Environment in Water
Regulation The Ministry of Environment shall: 1) in compliance with this Law and other laws, prepare and approve legal acts establishing the environmental requirements for drinking water abstraction and waste water management and control the implementation thereof; 2) in accordance with the procedure laid down by the Law on Territorial Planning, prepare and approve the rules for preparing water
infrastructure development plans; 3) establish a list of elements of drinking water
infrastructure posing a threat to human health and/or the environment, qualification requirements for persons operating the elements of the drinking water
infrastructure posing a threat to human health and/or the environment and the procedure for issuance of qualification certificates and documents attesting to the relevant qualification; 4) set the quality requirements for public water
facilities; 5) set the rules for the use and maintenance of the drinking water
infrastructure; 6) co-ordinate the allocation of financial support from the State budget, European Union support funds and other sources of financing for the development of the drinking water
sector; 7) co-ordinate the activity of municipalities, while implementing the objectives of the state regulation of drinking water
; 8) perform other functions established by this Law and other laws or assigned by the Government. Article 8. Sphere of Competence of the Ministry of Health in Water
Regulation The Ministry of Health shall: 1) set the public health protection requirements for drinking water; 2) perform other functions established by the Law on Drinking Water and other laws or assigned by the Government. Article 9. Sphere of Competence of the State Food and Veterinary Service under the Government of the Republic of Lithuania in Water
Regulation The State Food and Veterinary Service under the Government of the Republic of Lithuania shall: 1) in accordance with the procedure laid down by the Law on Drinking Water, control the safety and quality of drinking water; 2) perform other functions established by the Law on Drinking Water and other laws or assigned by the Government. Article 10. Sphere of Competence of the National Control Commission for Prices and Energy in Water
Regulation The National Control Commission for Prices and Energy shall: 1) determine the methodology for fixing prices of the drinking water supplied by water suppliers and waste water management facilities and control the implementation thereof; 2) co-ordinate the prices of the drinking water supplied by water suppliers and waste water management facilities and control the implementation thereof; 3) have the right to, by its decision, unilaterally fix prices of drinking water and waste water management facilities to water supplier in the cases specified in paragraph 8 of Article 22 of this Law, indicating the period of validity of the decision; 4) in compliance with the Rules for Licensing of Public Water Supply Activity approved by the Government, issue public water supply licenses, register them, suspend their validity and revoke them, also control whether public water suppliers comply with the conditions of the licences; 5) set the amount of compensation to a public water supplier and the payment procedure thereof, where a subscriber terminates an agreement on his own initiative, except in cases where the agreement is terminated due to the fault of the public water supplier or the agreement is terminated by a consumer; 6) determine the methodology for calculating the connection fee for new subscribers, except consumers, for connecting to the public drinking water
infrastructure; 7) in accordance with the preliminary out-of-court procedure for settlement of disputes, consider disputes arising between water suppliers and subscribers regarding the prices and tariffs of drinking water
; 8) perform other functions established by this Law and other laws. Article 11. Sphere of Competence of the Municipalities in Water
Regulation The municipal: 1) institutions shall organise and co-ordinate the abstraction and supply of drinking water and provision of waste water management facilities in the territory of a municipality; 2) councils shall execute the rights and duties of the owners of the drinking water
infrastructure intended for public water supply or members of enterprises controlled by a municipality (municipalities) that own the infrastructure; 3) councils shall, in compliance with the methodology for fixing prices of drinking water and waste water management facilities established by the National Control Commission for Prices and Energy, set prices of the drinking water supplied by public water suppliers and waste water management facilities; 4) institutions shall set the connection fee for new subscribers, except consumers, for connecting to the public drinking water
infrastructure, based on the methodology approved by the National Control Commission for Prices and Energy; 5) councils shall approve development plans of the water
infrastructure in the territory of a municipality; 6) institutions shall, while carrying out territorial planning procedures, ensure that drinking water
infrastructure facilities and protection zones thereof are set within communications corridors or shall secure the possibilities to exercise the right of easement, where it is necessary to maintain, replace and otherwise use the drinking water
infrastructure facilities; 7) councils shall, in general or special territorial planning documents, approve the boundaries of public water supply territories without violating the boundaries of the territory of the municipality; 8) institutions shall approve agreements related to the activity of a public water supplier in the territory of a municipality; 9) institutions shall perform other functions established by this Law and other laws. Article 12. Sphere of Competence of the State Consumer Rights Protection Authority under the Ministry of Justice in Water
Regulation The State Consumer Rights Protection Authority under the Ministry of Justice shall: 1) in accordance with the preliminary out-of-court procedure for settlement of disputes, consider consumer complaints relating to the application of unfair terms and conditions in contracts for the purchase and sale of drinking water and provision of waste water management facilities, water measuring, water supply accidents, termination, suspension or restriction of water supply and consumer billing; 2) within the sphere of its competence, participate in co-ordinating the drafts of laws and other legal acts and standard terms and conditions of a public water supply agreement. CHAPTER THREE PLANNING AND ORGANISING WATER
. Public Water Supply Territories Public water supply territories shall be established in water
infrastructure development plans prepared in accordance with the procedure laid down in Article 14 of this Law. These territories shall consist of residential areas, parts thereof and individual residential buildings as well as other buildings, aiming to ensure that at least 95 per cent of the residents of each municipality are supplied with water supplied by a public water supplier and provided with waste water management facilities. The public water supply territories shall include the following residential areas, parts thereof and individual residential buildings and other premises: 1) where at least 50 persons are supplied with drinking water; 2) where there is suitable for use drinking water supply and/or waste water management infrastructure owned by the State, municipality or an enterprise controlled by a municipality (municipalities); 3) where local residents, due to the shortage of water resources, environmental requirements, economic or other reasons, have no possibility to be supplied with or supply themselves with suitable quality drinking water by other means except for the public water supply. Article 14. Water
Infrastructure Development Plans 1. The development of the drinking water
sector in the territory of a municipality shall be carried out in compliance with the water
infrastructure development plan. Water
infrastructure development plans shall be drawn up by municipalities, in compliance with the Law on Territorial Planning and rules for preparing water
infrastructure development plans approved by the Minister of Environment. 2. A water
infrastructure development plan shall specify the objectives of the development of water
infrastructure, ensuring the provision of safe to the public health drinking water to residents and other persons and water
facilities complying with the requirements laid down in subparagraph 4 of Article 7 of this Law. 3. A water
infrastructure development plan shall be reviewed and updated in accordance with the procedure established by the Law on Territorial Planning. Article
and activity not provided for in the public water supply licence.
infrastructure development plans have been approved, the public water supplier within one year (unless otherwise provided for in the agreement) from the date of concluding a preliminary agreement with a new subscriber (consumer) or within the period of time agreed upon by the parties in the preliminary agreement does not commence the supply of drinking water and/or provision of waste water management facilities to the subscriber (consumer). 7. In public water supply territories, individual water abstraction and/or individual waste water disposal shall be possible if the individual water abstraction and/or individual waste water disposal has been provided for in a water
infrastructure development plan and if it was carried out before establishing the public water supply territory and the individual water abstraction and/or individual waste water disposal complies with the drinking water and waste water management requirements laid down in this Law and other legal acts. 8. A public water supplier must: 1) provide information to subscribers (consumers) in accordance with the procedure laid down in Article 25 of this Law; 2) obtain, store, process and supply drinking water meeting the public health safety and quality requirements and other parameters set out in legal acts; 3) ensure the quality and uninterrupted supply of drinking water and other water supply requirements; 4) in accordance with the established procedure, operate and maintain the water
infrastructure managed by the right of ownership or on other lawful grounds and other managed assets. Article
, the Government shall, on the recommendation of the Minister of Environment, approve the division of the territory of the Republic of Lithuania into public water supply regions. A public water supply region may include territories of several or over ten municipalities, however, the border of the region may not cross the territories of the municipalities.
Infrastructure 1. State financial support may be assigned for the development of the public water
infrastructure complying with the objectives of state regulation of drinking water
laid down in Article 3 of this Law. When assigning financial support for the development of the drinking water
infrastructure, it must, first of all, be ensured that public water supply in the territory of all the country is carried out in compliance with the set requirements. 2. State financial support for the development of the water
infrastructure shall be planned and provided to public water suppliers operating in public water supply regions, to ensure the implementation of the environmental requirements and health protection requirements in the spheres of drinking water supply and/or waste water management. 3. State support funds for the development of the water
infrastructure shall be administered and the functions of payment and control thereof performed by the Ministry of Environment. The support for the development of the water
infrastructure shall be provided in compliance with this Law and in accordance with financial priorities set forth in strategic water
infrastructure development documents approved by the Seimas and the Government. The support from the funds assigned for the development of the water
infrastructure may be received by persons meeting the requirements set forth in legal acts regulating the allocation of support. Article 18. Water
Infrastructure 1. The use and maintenance of the drinking water
infrastructure shall be carried out in accordance with the rules for the use and maintenance of the drinking water
infrastructure and requirements set forth in other legal acts. 2. The public water
infrastructure shall be owned by the right of ownership by the municipality in the territory of which the public water supply is carried out or an enterprise controlled by this municipality (municipalities). The public water
infrastructure that is owned by the right of ownership by other persons and is required for the public water supply may, on the initiative of the municipality, be purchased into the ownership of the enterprise controlled by the municipality (municipalities) or the municipality in accordance with the procedure for the purchase of water
infrastructure facilities approved by the Government or agreements regarding the use (lease, loan for use, joint activities, etc.) of the drinking water supply and/or waste water management infrastructure facilities may be concluded. Where the agreement regarding the purchase of the public water
infrastructure or the agreement regarding the use of the infrastructure cannot be reached, the terms and conditions of the use of the public water
infrastructure may be established by the court or the infrastructure may be taken for public needs in accordance with the procedure set forth by laws and only in cases where the infrastructure is required for the public water supply. 3. A municipality must enable the public water supplier to use the public water
infrastructure owned by the right of ownership by the municipality and an enterprise controlled by the municipality. Where the public water supplier is an enterprise controlled by the municipality (municipalities), the public water
infrastructure owned by the municipality by the right of ownership shall be transferred to him by the right of trust. In the case of public water suppliers of other legal forms, the public water
infrastructure owned by the municipality by the right of ownership shall be leased or transferred awarding concession in accordance with the conditions specified in the documents of the tender for the selection of a public water supplier. Where the public water
infrastructure is owned by the right of ownership by the enterprise controlled by the municipality, it shall be leased to the public water supplier in accordance with the procedure established by the municipal council.
infrastructure facilities, where the contracting authority is not a public water supplier or municipality, shall be possible where there is a tripartite agreement between the municipality, public water supplier and contracting authority (constructor of the facility). The agreement must provide for the sources of financing the construction of the facility of the public drinking water
infrastructure, the conditions of use (operation) thereof and the terms and procedure for transferring the rights of ownership to the municipality or an enterprise controlled by the municipality, where the enterprise is a public water supplier, if this is not provided for in the Description of the Procedure for Buying Out Drinking Water
Infrastructure Facilities approved by the Government. 6. Subscribers, except for consumers, who wish to connect the networks or facilities managed by them to the water
infrastructure managed by a public water supplier must, in accordance with the procedure established by municipal institutions, pay the public water supplier a one-time connection fee set by the municipal institutions. These funds shall be used for the development of the water
infrastructure. CHAPTER FOUR LICENCING OF WATER SUPPLIERS QUALIFICATION REQUIREMENTS Article
and individual water abstraction and individual waste water disposal shall not be licensed. 2. An enterprise controlled by the State or municipality (municipalities) seeking to carry out public water supply: 1) must possess appropriate divisions (specialists) capable of organising and carrying out drinking water
in accordance with the set requirements or, to carry out an activity specified in the Rules for Licensing of Public Water Supply Activity related to drinking water
, must conclude an agreement with another enterprise that possesses the specified divisions (specialists) and agrees to carry out the drinking water
in accordance with the set requirements; 2) must win a tender to carry out public water supply; 3) must comply with other requirements set in the Rules for Licensing of Public Water Supply Activity established for a public water supplier.
; 5) if the public water supplier fails, within two months from the entry into force of prices of drinking water
, unilaterally set by the decision of the National Control Commission for Prices and Energy, to eliminate violations in setting the prices or other circumstances that led to the unilateral setting of prices; 6) if technological, financial and managerial capacities of the public water supplier prevent from carrying out licensed activity; 7) if the public water supplier fails to ensure the conformity with the supplied water and public health protection requirements; 8) if, within the specified period of time, the public water supplier whose licence has been suspended fails to eliminate violations due to which the licence has been suspended; 9) when the public water supplier acquires the legal status of a legal person under liquidation or reorganisation. 6. Where a public water supply licence is revoked, the public water supply shall be carried out in accordance with subparagraph 1 of Article 17 of the Law of the Republic of Lithuania on Concessions until a public water supplier is selected in accordance with the procedure established by this Law. Article 20. Qualification Requirements 1. Employees of water suppliers responsible for operating drinking water
infrastructure facilities posing a threat to human health and/or the environment must possess a qualification meeting the set requirements and a certificate attesting thereto.
infrastructure of the public water supplier, the public water supply agreement shall be considered concluded in accordance with the standard terms and conditions of the public water supply agreement established by the Government. CHAPTER SIX PRICING Article
facilities as well as to reduce environmental pollution and to rationally use water resources. 4. The pricing of drinking water
facilities provided by public water suppliers shall be established in accordance with the non-discrimination and cost recovery principles as well as the polluter pays principle. The prices may be differentiated based on individual categories of subscribers (consumers), taking into consideration the criteria related to the necessary costs required to supply water and/or provide waste water management facilities to subscribers (consumers) of a certain category. The prices of waste water management facilities must depend on the amount of pollutants released by the subscriber (consumer) and the nature of pollution. 5. Public water suppliers shall, in compliance with the price setting methodology for drinking water and waste water management facilities, calculate the prices of the supplied drinking water and provided waste water management facilities and, having co-ordinated them with the National Control Commission for Prices and Energy, shall submit them for approval to the councils of the municipalities on the territories whereof they supply drinking water and provide waste water management facilities. Other (non-public) water suppliers shall set the prices of the supplied drinking water and provided waste water management facilities in compliance with the price setting methodology for drinking water and waste water management facilities, having co-ordinated them with the National Control Commission for Prices and Energy. The prices of the drinking water and waste water management facilities must be calculated based on the costs of separate sections of the drinking water
activity established by the National Control Commission for Prices and Energy. The prices of the drinking water and waste water management facilities shall be set for the period of time not less than 3 years. The water supplier must, together with price calculations, submit to the National Control Commission for Prices and Energy the activity and development plans of the enterprise, prepared for the period of time not less than the period of validity of the prices. When co-ordinating the prices, the National Control Commission for Prices and Energy shall evaluate the recouping of investment and expediency of operational costs. In the event of non-compliance with or amendment of the activity and development plans, the water supplier must notify thereof the municipal council and the National Control Commission for Prices and Energy, which shall take a decision on the need to change the prices.
Infrastructure to install the waste water meter to enable to pay for the waste water management facilities according to its readings. In multi-dwelling buildings and other residential premises the waste water meters shall not be installed, even if installed, they shall not be used for settling the accounts, unless otherwise agreed by the parties in writing.
. Information on Public Water Suppliers All the information related to water supply shall be public, except for the information that may not be public information under the laws of the Republic of Lithuania. State and municipal institutions, organisations protecting the rights of water consumers, natural and legal persons shall have the right to obtain data from water suppliers regarding the water supply activity and to submit proposals. The information on the public water suppliers and their annual activity report shall be prepared and published in accordance with the procedure established by the Government or an institution authorized by it. Article
shall be settled by mutual agreement of the water supplier and subscriber (consumer) or in accordance with the procedure set forth by laws. CHAPTER NINE FINAL PROVISIONS Article 27. Entry into Force and Implementation of the Law The procedure for entry into force and implementation of this Law shall be laid down by the Law of the Republic of Lithuania on Entry into Force and Implementation of the Law on Drinking Water
. I promulgate this Law passed by the Seimas of the Republic of Lithuania PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
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