LIETUVOS RESPUBLIKOS REPUBLIC OF LITHUANIA LAW ON Financial Instruments for Climate Change MANAGEMENT 7 July 2009 No XI-329 Vilnius CHAPTER ONE GENERAL PROVISIONS Article 1. Purpose of the Law 1. This

Article 5

of this Law shall apply to some operators according to the list of categories of activities as indicated in Annex 1 of this Law as of 1 January

1. Article
2. Proposal to the Government The Government shall, by 1 September 2012, submit to the Seimas for approval the National Strategy for Climate Change Management Policy. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF LITHUANIA DALIA GRYBAUSKAITĖ Annex 1 to the Republic of Lithuania Law on Financial Instruments for Climate Change Management LIST OF CATEGORIES OF ACTIVITIES
3. Requirements of the European Union greenhouse gas emission allowance trading scheme shall not apply to installations or parts of installations used for research, development and testing of new products and processes and installations exclusively using biomass.
4. The thresholds values given below generally refer to production capacities or outputs. Where several activities falling under the same category are carried out in the same installation, the capacities of such activities shall be added together.
5. When the total rated thermal input of an installation is calculated in order to decide upon its inclusion in the European Union greenhouse gas emission allowance trading scheme, the rated thermal inputs of all technical units which are part of it, in which fuels are combusted within the installation, shall be added together. These units could include all types of boilers, burners, turbines, heaters, furnaces, incinerators, calciners, kilns, ovens, dryers, engines, fuel cells, chemical looping combustion units, flares, and thermal or catalytic post-combustion units. Units with a rated thermal input under 3 MW and units which use exclusively biomass shall not be taken into account for the purposes of this calculation. “Units using exclusively biomass” includes units which use fossil fuels only during start-up or shut-down of the unit.
6. If a unit serves an activity for which the threshold is not expressed as total rated thermal input, the threshold of this activity shall take precedence for the decision about the inclusion in the European Union greenhouse gas emission allowance trading scheme.
7. When the capacity threshold of any activity in this Annex is found to be exceeded in an installation, all units in which fuels are combusted, other than units for the incineration of hazardous or municipal waste, shall be included in the greenhouse gas emission permit.
8. From 1 January 2012 all flights which arrive at or depart from an aerodrome situated in the territory of a Member State to which the Treaty establishing the European Community applies shall be included. No Categories of activities Greenhouse gas emitted Application of the Law to operators according to the categories of activities
9. Fuel combustion in the installations with the total rated thermal input exceeding 20 MW (with the exception of installations for the incineration of hazardous or municipal waste) Carbon dioxide Applied as of the entry into force of this Law
10. Refining of oil Carbon dioxide Applied as of the entry into force of this Law
11. Production of coke Carbon dioxide Applied as of the entry into force of this Law
12. Metal ore (including sulphide ore) roasting or sintering, including pelletisation Carbon dioxide Applied as of the entry into force of this Law
13. Pig iron or steel production (primary or secondary melting), including continuous casting, where production capacity exceeds 2.5 tonnes per hour Carbon dioxide Applied as of the entry into force of this Law
14. Production or processing of ferrous metals (including ferro-alloys) where combustion installations with a total rated thermal input exceeding 20 MW are operated. Processing includes rolling-mills, annealing furnaces, smitheries, foundries, coating and pickling. Carbon dioxide Requirements of Articles 5 (with the exception of paragraph 2), 7, 8, 13-21 of this Law shall apply to installations as of 1 January 2013.

Article 5of this Law shall apply as of 1 January 2010.

7. Primary aluminium production Carbon dioxide and perfluorocarbons Requirements of Articles 5 (with the exception of paragraph 2), 7, 8, 13-21 of this Law shall apply to installations as of 1 January 2013.

Article 5of this Law shall apply as of 1 January 2010.

8. Secondary aluminium production where combustion installations with a total rated thermal input exceeding 20 MW are operated. Carbon dioxide Requirements of Articles 5 (with the exception of paragraph 2), 7, 8, 13-21 of this Law shall apply to installations as of 1 January 2013.

Article 5of this Law shall apply as of 1 January 2010.

9. Production or processing of non-ferrous metals, including production of alloys, refining, foundry casting, etc., where combustion installations with a total rated thermal input (including fuels used as reducing agents) exceeding 20 MW are operated. Carbon dioxide Requirements of Articles 5 (with the exception of paragraph 2), 7, 8, 13-21 of this Law shall apply to installations as of 1 January 2013.

Article 5of this Law shall apply as of 1 January 2010.

1. Production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day Carbon dioxide Applied as of the entry into force of this Law
2. Production of lime or calcination of dolomite or magnesite in rotary kilns with a production capacity exceeding 50 tonnes per day Carbon dioxide Applied as of the entry into force of this Law
3. Manufacture of glass, including glass fibre, with a melting capacity exceeding 20 tonnes per day Carbon dioxide Applied as of the entry into force of this Law
4. Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day Carbon dioxide Applied as of the entry into force of this Law
5. Manufacture of mineral wool insulation material using glass, rock or slag with a melting capacity exceeding 20 tonnes per day Carbon dioxide Applied as of the entry into force of this Law
6. Drying or calcination of gypsum or production of plaster boards and other gypsum products, where combustion installations with a total rated thermal input exceeding 20 MW are operated. Carbon dioxide Requirements of Articles 5 (with the exception of paragraph 2), 7, 8, 13-21 of this Law shall apply to installations as of 1 January 2013.

Article 5of this Law shall apply as of 1 January 2010.

1. Production of pulp from timber or other fibrous materials Carbon dioxide Applied as of the entry into force of this Law
2. Production of paper and cardboard with a production capacity exceeding 20 tonnes per day Carbon dioxide Applied as of the entry into force of this Law
3. Production of carbon black involving the carbonisation of organic substances such as oils, tars, cracker and distillation residues, where combustion installations with a total rated thermal input exceeding 20 MW are operated. Carbon dioxide Requirements of Articles 5 (with the exception of paragraph 2), 7, 8, 13-21 of this Law shall apply to installations as of 1 January 2013.

Article 5of this Law shall apply as of 1 January 2010.

19. Production of nitric acid Carbon dioxide and nitrous oxide Requirements of Articles 5 (with the exception of paragraph 2), 7, 8, 13-21 of this Law shall apply to installations as of 1 January 2013.

Article 5of this Law shall apply as of 1 January 2010.

20. Production of adipic acid Carbon dioxide and nitrous oxide Requirements of Articles 5 (with the exception of paragraph 2), 7, 8, 13-21 of this Law shall apply to installations as of 1 January 2013.

Article 5of this Law shall apply as of 1 January 2010.

21. Production of glyoxal and glyoxylic acid Carbon dioxide and nitrous oxide Requirements of Articles 5 (with the exception of paragraph 2), 7, 8, 13-21 of this Law shall apply to installations as of 1 January 2013.

Article 5of this Law shall apply as of 1 January 2010.

22. Production of ammonia Carbon dioxide Requirements of Articles 5 (with the exception of paragraph 2), 7, 8, 13-21 of this Law shall apply to installations as of 1 January 2013.

Article 5of this Law shall apply as of 1 January 2010.

23. Production of bulk organic chemicals by cracking, reforming, partial or full oxidation or by similar processes, with a production capacity exceeding 100 tonnes per day Carbon dioxide Requirements of Articles 5 (with the exception of paragraph 2), 7, 8, 13-21 of this Law shall apply to installations as of 1 January 2013.

Article 5of this Law shall apply as of 1 January 2010.

24. Production of hydrogen (H2) and synthesis gas by reforming or partial oxidation with a production capacity exceeding 25 tonnes per day Carbon dioxide Requirements of Articles 5 (with the exception of paragraph 2), 7, 8, 13-21 of this Law shall apply to installations as of 1 January 2013.

Article 5of this Law shall apply as of 1 January 2010. 25. Production of soda ash (Na2CO3) and sodium bicarbonate (Na

HCO3) Carbon dioxide Requirements of Articles 5 (with the exception of paragraph 2), 7, 8, 13-21 of this Law shall apply to installations as of 1 January 2013.

Article 5of this Law shall apply as of 1 January 2010.

26. Capture of greenhouse gases from installations covered by Directive 2009/29/EC for the purpose of transport and geological storage in a storage site permitted under EU legislation Carbon dioxide Applied on a voluntary basis until 2020. 27. Transport of carbon dioxide by pipelines for geological storage in a storage site permitted under EU legislation Carbon dioxide Applied on a voluntary basis until 2020. 28. Geological storage of carbon dioxide in a storage site permitted under EU legislation Carbon dioxide Applied on a voluntary basis until 2020. 29. Aviation Flights which depart from or arrive in an aerodrome situated in the territory of a Member State to which the Treaty establishing the European Community applies. This activity shall not include:

1. a)flights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers, of a country other than a Member State, where this is substantiated by an appropriate status indicator in the flight plan;
2. b)military flights performed by military aircraft and customs and police flights;
3. c)flights related to search and rescue, fire-fighting flights, humanitarian flights and emergency medical service flights authorised by the appropriate competent authority;
4. d)any flights performed exclusively under visual flight rules as defined in Annex 2 to the Convention on International Civil Aviation (the Chicago Convention);
5. e)flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made;
6. f)training flights performed exclusively for the purpose of obtaining a licence, or a rating in the case of cockpit flight crew where this is substantiated by an appropriate remark in the flight plan provided that the flight does not serve for the transport of passengers and/or cargo or for the positioning or ferrying of the aircraft;
7. g)flights performed exclusively for the purpose of scientific research or for the purpose of checking, testing or certifying aircraft or equipment whether airborne or ground-based;
8. h)flights performed by aircraft with a certified maximum take-off mass of less than 5700 kg;
9. i)flights performed in the framework of public service obligations imposed in accordance with Regulation (EEC) No 2408/92 on routes within outermost regions, as specified in Article 299

Article 5of this Law shall apply as of 1 January 2010.

Annex 2 to the Republic of Lithuania Law on Financial Instruments for Climate Change Management IMPLEMENTED EU LEGAL ACTS

1. Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/E (OJ 2004 special edition, Chapter 15, Volume 7, p. 631) with the latest amendments done by Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 (OJ 2009 L 140, p. 63).
2. Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council (OJ 2004 L 386, p. 3) with the latest amendments done by Commission Regulation (EC) No 994/2008 of 8 October 2008 (OJ 2008 L 271, p. 3).
3. Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ 2009 L 140, p. 136).