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REPUBLIC OF LITHUANIA LAW ON protection of the marine environment 13 November 1997 No VIII – 512 (As last amended on 22

Obsah (8)Article 30Article 32Article 35Article 37Article 38Article 39Article 41Article 42

REPUBLIC OF LITHUANIA LAW ON protection of the marine environment 13 November 1997 No VIII – 512 (As last amended on 22 May 2008 – No X-1560) Vilnius CHAPTER ONE GENERAL PROVISIONS Article 1. Objectiv

Article 30before 1 January 2009: Article 30.

Response to Pollution Incidents in the Maritime Area An institution authorised by the Government of the Republic of Lithuania shall be responsible for responding to the incidents of pollution by oil and other harmful substances in the maritime area.

Article 30after 1 January 2009: Article 30.

Response to Pollution Incidents

  1. The Lithuanian Army shall organise, co-ordinate and be in charge of actions in response to pollution incidents in the maritime area. The Lithuanian Army shall organise, co-ordinate and be in charge of the actions via the Marine Rescue Co-ordination Centre of the Lithuanian Naval Force (hereinafter referred to as the “Marine Rescue Co-ordination Centre”).
  2. Actions in response to pollution incidents shall be carried out in the maritime area, with the exception of the internal waters, by the Lithuanian Army, in the Curonian Lagoon – by the institutions authorised by the Ministry of the Interior, in the water areas of sea ports – by administrations of the sea ports.
  3. At the request of the head of the Marine Rescue Co-ordination Centre, resort may be made to the forces and arrangements of the State Border Guard Service under the Ministry of the Interior, the Fire and Rescue Department under the Ministry of the Interior, administrations of the sea ports, other state and municipal institutions in the carrying out of actions in response to pollution incidents, where they are assigned for the carrying out of these actions under the Plan for Response to Pollution Incidents in the Maritime Area (hereinafter referred to as the “Plan”) approved by the Minister of National Defence, the Minister of Environment and the Minister of the Interior. Where the forces and arrangements assigned under the Plan for the carrying out of actions in response to pollution incidents prove to be insufficient, resort may be made to the additional (i.e., not assigned under the Plan) forces and measures of the mentioned institutions.
  4. The duties and powers of the institutions indicated in this Article in organising, co-ordinating, being in charge of and carrying out actions in response to pollution incidents within the maritime area shall be established by the Government. The Plan must be complied with when organising, co-ordinating, being in charge of and carrying out these actions. Article
  5. Response to Pollution Incidents on Coastlines The cleaning and restoration of the Curonian Lagoon and coastlines of the Baltic Sea, if polluted by oil or other harmful substances, shall be organised by municipalities.

Article 32before 1 January 2009: Article 32.

Local Plans for Response to Pollution Incidents Installations, ships, oil and chemical terminals, other potential sources of pollution and municipalities must have in place the local plans for response to pollution incidents co-ordinated with an institution authorised by the Government of the Republic of Lithuania, which must also be co-ordinated with the national plan for response to pollution incidents drawn up according to Article 33 of this Law.

Article 32after 1 January 2009: Article 32.

Local Plans for Response to Pollution Incidents Installations, ships, oil and chemical terminals, other potential sources of pollution, administrations of sea ports and municipalities must have in place the local plans for response to pollution incidents co-ordinated with an institution authorised by the Government of the Republic of Lithuania. Article

  1. National Plan for Response to Pollution Incidents An institution authorised by the Government of the Republic of Lithuania must, in co-operation with the Contracting Parties to the Helsinki Convention, draw up and have in place a national plan for response to pollution incidents and a general pollution response scheme as approved by the Ministry of Environment, also be in charge of, organise and co-ordinate multilateral or national measures to be implemented in the event of significant pollution incidents. Article 33 shall be repealed on 1 January
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  3. Guidelines for the Drawing up of Plans for Response to Pollution Incidents The Ministry of Environment shall prepare guidelines for the drawing up or amending plans for response to pollution incidents and shall lay down the time limits for the drawing up or amending thereof.

Article 35before 1 January 2009: Article 35.

Preparedness for Response to Pollution Incidents The institutions and facilities referred to in Articles 30-33 of this Law must maintain constant preparedness to respond to pollution incidents. This preparedness shall include provision with the installations, ships, qualified manpower, etc. as provided for in the plan.

Article 35after 1 January 2009: Article 35.

Preparedness for Response to Pollution Incidents The institutions and facilities referred to in Articles 30-32 of this Law must maintain constant preparedness for response to pollution incidents. This preparedness shall include provision with the installations, ships, qualified manpower, etc. as provided for in the Plan. Article 36. Preventive Measures Administrations of sea ports of the Republic of Lithuania, owners or managers of ships, ship masters must implement the required measures to prevent accidents or minimise the likelihood thereof, enhance maritime safety and improve marine traffic.

Article 37before 1 January 2009: Article 37.

Emergency Action Where an accident or pollution incident occurring within the maritime area or outside it constitutes a grave and imminent threat to inhabitants, to the coastline and related interests, emergency actions may be taken (a ship’s removal, burning, drowning, etc.), provided this is the only way of averting, minimising or eliminating the threat. An institution authorised by the Government of the Republic of Lithuania must, prior to taking emergency actions, with the exception of highly urgent cases, consult the neighbouring states concerned, especially the flag state of the ship involved in the incident.

Article 37after 1 January 2009: Article 37.

Emergency Measures

  1. Where an accident or pollution incident occurring within the maritime area constitutes a grave and imminent threat to inhabitants, to the coastline and related interests, emergency measures may be taken (a ship’s removal, burning, drowning, etc.), provided this is the only way of averting, minimising or eliminating the threat. A decision on taking of the emergency measures shall be adopted in accordance with the procedure laid down by the Government.
  2. Emergency measures shall be carried out within the maritime area, with the exception of internal waters, by the Lithuanian Army, in the Curonian Lagoon – by the institutions authorised by the Ministry of the Interior, in the water areas of sea ports – by administrations of the sea ports. At the request of respectively the head of the Marine Rescue Co-ordination Centre, the institution authorised by the Ministry of the Interior or the administration of a sea port, resort maybe be made to the forces and arrangements of other institutions for the carrying out of the emergency measures. CHAPTER EIGHT REPORTING

Article 38before 1 January 2009: Article 38.

Mandatory Reporting of Unlawful Discharges The owners or managers of ships, ship masters or other persons having charge of the ships flying the flag of the State of Lithuania must, without delay, report to the nearest coastal state and administrations of sea ports of the Republic of Lithuania any event relating to discharges or probable discharges of harmful substances, where they violate provisions of Chapter Four and Chapter Six of this Law, other pollution incidents, including the cases referred to in Article 69, also any collision or stranding.

Article 38after 1 January 2009: Article 38.

Mandatory Reporting of Unlawful Discharges The owners or managers of ships, ship captains or other persons having charge of the ships must, without delay, report to the competent authority of the nearest coastal state, where sailing within the maritime area – to the Maritime Rescue Co-ordination Centre, any events relating to discharges or probable discharges of harmful substances, where they violate provisions of Chapter Four and Chapter Six of this Law, other pollution incidents, including the cases referred to in Article 69, also any collision or stranding.

Article 39before 1 January 2009: Article 39.

Mandatory Reporting of Observed Discharges The persons mentioned in Article 38 and pilots of aircraft must, without delay, report to administrations of the nearest coastal state and sea ports of the Republic of Lithuania any discharge of oil or other harmful substances observed at sea.

Article 39after 1 January 2009: Article 39.

Mandatory Reporting of Detected Disposals The persons referred to in Article 38 and pilots in command of aircraft must, without delay, report observed discharges to the competent authority of the nearest coastal state, where they are within the maritime area or above the maritime area – to the Maritime Rescue Co-ordination Centre, and where they are in the water area of a port or above the water area of the port – to the port’s administration. Article 40. Application of Articles 38 and 39 to Foreign Ships Provisions of Articles 38 and 39 must apply to foreign ships within the maritime area.

Article 41before 1 January 2009: Article 41.

Mandatory Reporting of Unlawful Disposal and Incineration Managers of ships, ship masters or other persons having charge of ships, pilots of aircraft, and managers of installations must, without delay, report to administrations of the sea ports of the Republic of Lithuania any unlawful disposal and incineration within the maritime area.

Article 41after 1 January 2009: Article 41.

Mandatory Reporting of Unlawful Disposal and Incineration Managers of ships, ship masters or other persons having charge of ships, pilots in command of aircraft, and managers of installations must, without delay, report any unlawful disposal and incineration within the maritime area to the Maritime Rescue Co-ordination Centre.

Article 42before 1 January 2009: Article 42.

Mandatory Reporting to Government Institutions Administrations of the sea ports of the Republic of Lithuania or other persons holding the powers of a port administration, operators of the installations loading oil or other harmful substances and other staff of port facilities must, without delay, report to the Ministry of Environment and an institution authorised by the Government any event referred to in Articles 38-41.

Article 42after 1 January 2009: Article 42.

Mandatory Reporting The Maritime Rescue Co-ordination Centre must, without delay, report to an institution authorised by the Ministry of Environment any event referred to in Articles 38-

  1. Article
  2. Reporting Rules Provisions of Articles 38-42 shall be implemented in compliance with the rules and reporting scheme drawn up and approved by the Ministry of Environment, the Ministry of Transport and Communications and an institution authorised by the Government. Article 43 shall be repealed on 1 January
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  4. Information on Loaded and Carried Materials If requested by the Ministry of Environment, trade agents, importers, exporters, recipients of cargo, senders of cargo, and administrations of sea ports must supply information on the composition and quantity of the materials loaded and unloaded in the sea ports of Lithuania and the ships involved in transport of harmful substances prior to arrival thereof. CHAPTER NINE MANAGEMENT OF OTHER ACTIVITIES WITHIN THE MARITIME AREA Article
  5. Regulation of Activities within the Maritime Area Protection of natural resources and utilisation thereof as well as other activities within the maritime area shall be regulated by this Law, the Law on Environmental Protection, the Law on the Environmental Impact Assessment of Planned Economic Activity and other laws and legal acts. Article
  6. Repealed on 5 March
  7. Article
  8. Repealed on 5 March
  9. Article
  10. Regulation of Other Activities Construction and reconstruction of hydrotechnical facilities, fish farms and ports, also excavation, drilling and explosive work, seismic research, military exercise and another planned activity likely to have adverse effects on the environment of the maritime area shall be conducted solely in compliance with the procedure laid down by the Law on Environmental Protection, the Law on the Environmental Impact Assessment of Planned Economic Activity, other legal acts, i.e., upon obtaining of a positive decision of the Ministry of Environment. Article
  11. Notification of Planned Activity Where the activity planned within the maritime area is likely to have a significant adverse effect on the environment of the Baltic Sea, the Ministry of Environment shall notify thereof the Helsinki Commission and the neighbouring states which are likely to be affected by this activity. Article
  12. Research of the Maritime Area The Ministry of Environment shall co-ordinate the scientific research conducted by natural and legal persons of the Republic of Lithuania in relation to the natural resources of the maritime area, utilisation thereof and environmental protection as well as specify, with the participation of the Ministry of Foreign Affairs and in compliance with the provisions of the Convention on Maritime Law, the conditions and issue permits to foreign natural and legal persons or to persons of Lithuania and foreign countries for conducting of joint research within the maritime area. Where research is related to the monitoring programme of the Baltic Sea being implemented by the Helsinki Commission in the exclusive economic zone, foreign persons or Lithuanian and foreign persons shall not be subject to obtaining of permits for conducting of joint research. Article
  13. Management of Abandoned or Sunken Facilities Managers or owners of ships, installations and cargoes, the persons authorised thereby must ensure that abandoned, disused, accidentally wrecked or sunken ships, installations or lost cargoes posing a threat to the marine environment or maritime safety are entirely removed from the maritime area and brought ashore, and that unused drilling wells are plugged. CHAPTER TEN PROTECTION OF THE COASTLINE OF THE MARITIME AREA Article
  14. Establishment of Protected Areas Protected areas may be established in accordance with the procedure laid down by the Law on Protected Areas in order to preserve the valuable or endemic complexes and species of the coastline of the maritime area, the migration, wintering and gathering sites of birds, fish spawning places. Article
  15. Establishment of the Coastal Strip and the Coastal Area For the purpose of preservation of the environment of the coastline of the maritime area, two areas of a different protection regime shall be established, namely, the coastal strip and the coastal area. The coastal area may also be established within the water area of the coastline. Article
  16. Use Regime of the Coastal Strip The use and protection regime of the coastal strip of the maritime area shall be established by the Law on the Coastal Strip and other legal acts. Article
  17. Protection Strips and Areas for Installations Protection strips and areas for the installations located within the maritime area or on the coastline thereof may be formed, and the regime thereof shall be specified by the Government or an institution authorised by it. Article
  18. Regulation of Management of the Coastal Area Management of the coastal area shall be regulated by the Regulations for Protection and Use of Coasts approved by the Government of the Republic of Lithuania or an institution authorised by it. Article
  19. Marking of the Coastal Strip and the Coastal Area The boundaries of the coastal strip and the coastal area shall be marked and the measures of use and protection thereof as well as coast management measures shall be specified in the territorial planning documents of all levels and all types as approved in accordance with the procedure laid down by the Law on Territorial Protection. Article
  20. Regulation of Other Activities on the Coastline The economic activities in the coastline area not discussed in this Chapter of the Law shall be regulated by the Law on the Environmental Impact Assessment of Planned Economic Activity and other legal acts. CHAPTER ELEVEN ASSESSMENT OF THE STATE OF MARINE ENVIRONMENT Article
  21. Assessment of the State of the Maritime Area Environment For the purposes of assessment of the state of the maritime area environment, the Ministry of Environment must: 1) develop and implement a national programme for marine monitoring; 2) in implementing a national and international monitoring programme of the Baltic Sea, co-operate with the Contracting Parties to the Helsinki Convention, competent international organisations; 3) submit to the Government of the Republic of Lithuania, the Helsinki Commission and other competent international organisations data and an annual report on the state of the maritime area; 4) implement approved international instructions to ensure the quality of monitoring data and participate in the performance of international calibrations; 5) promote the research necessary for the assessment of the state of the maritime area environment, expansion of knowledge of the marine environment and formation of scientific awareness; 6) take account of scientific progress, which may be beneficial for assessment of the state of the sea on the basis of achievements of individual researchers and research institutions and the results of national and international programmes; 7) assess the nature and quantity of harmful substances introduced into the maritime area from land-based sources, including pollution from the atmosphere and disposal of dredged material, create an early-warning system regarding the critical state of the marine environment; 8) prior to issuing permits, assess the effect of the planned activity on the environment and control the effect of the activity subject to a permit; 9) investigate the ecological and economic consequences of major accidental discharges of oil and other harmful substances; 10) taking account of the dynamic processes of water, littoral and coastal ecosystems, improve a programme for monitoring and develop an improved and complex monitoring system. Article
  22. Implementation of the Programme for Marine Monitoring The Programme for Marine Monitoring may be implemented solely by certified laboratories. A procedure for certifying laboratories shall be approved by the Ministry of Environment. CHAPTER TWELVE INTERDEPARTMENTAL CONSULTATIVE COUNCIL ON MARINE ENVIRONMENT PROTECTION Article
  23. Formation of the Interdepartmental Consultative Council on Marine Environment Protection The interdepartmental consultative council on marine environment protection shall be formed at the Ministry of Environment to resolve the issues of use and protection of the marine environment and the coastline. Article
  24. Functions of the Interdepartmental Consultative Council on Marine Environment Protection The main functions of the interdepartmental consultative council on marine environment protection shall be to prepare and analyse the information relating to protection of the marine and coastal environment and utilisation of natural resources to be discussed at international commissions and other organisations established under agreements on marine environment protection, also to provide recommendations. CHAPTER THIRTEEN CONTROL AND LIABILITY Article
  25. Control of Compliance with Requirements for Ship-Generated Pollution The institutions and officials exercising state control of environmental protection shall, in accordance with the procedure laid down by the Law of the Republic of Lithuania on State Control of Environmental Protection, control compliance of persons with the requirements for protection of the marine environment and utilisation of natural resources as set forth by this Law and other legal acts. Article
  26. Repealed on 19 May
  27. Article
  28. Repealed on 19 May
  29. Article
  30. Repealed on 19 May
  31. Article
  32. Repealed on 19 May
  33. Article
  34. Repealed on 19 May
  35. CHAPTER FOURTEEN PECULIARITIES OF APPLICATION OF THE LAW Article
  36. Reservations regarding Application of Chapter Four and Chapter Six Provisions of Chapter Four and Chapter Six of this Law shall not apply when the purpose of discharge or disposal of harmful substances is rescue of human life or ensuring the safety of operation of ships and installations. Article
  37. Conditions of Replacement or Revocation of Permits The permits issued under this Law or according to the regulatory documents drawn up on the basis of this Law may be replaced or revoked where necessary on the grounds of protection of the marine environment. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC algirdas brazauskas Annex to the Republic of Lithuania Law on Protection of the Marine Environment EU LEGAL ACTS IMPLEMENTED BY THIS LAW Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ 2005 L 225, p. 11).

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