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LIETUVOS RESPUBLIKOS

LIETUVOS RESPUBLIKOS Translated from Lithuanian REPUBLIC OF LITHUANIA Law on the Burial of Human Remains 20 December 2007 – No X-1404 (As last amended on 1 December 2011 – No XI-1762) Vilnius CHAPTER ONE GENERAL PROVISIONS Article

  1. Purpose of the Law
  2. This Law shall regulate the conditions and procedure of burial of human remains.
  3. The procedure for cremating and burial of human embryos and foetuses up to the 22nd week of pregnancy shall be established in the Public Health Safety Regulation (Hygiene Norm).
  4. The procedure for utilising parts of the human body and medical waste generated by health care institutions shall be laid down in the Public Health Safety Regulation (Hygiene Norm).
  5. The provisions of this Law have been harmonised with the legal act of the European Union specified in the Annex to this Law. Article
  6. Definitions
  7. “Embalming” means the special preparation of the body of a deceased person (chemical fixation and preservation of human tissues) with the aim of preserving the body of the deceased person for a period exceeding one week.
  8. “Grave” means a place of burial of human remains in the ground.
  9. “Grave plot” means an area of land in the cemetery having fixed boundaries and intended for a grave, vault, columbarium or another place of burial wherein human remains, including those embalmed or cremated, are buried.
  10. “Cemetery” means an area of land for burying of human remains, including those embalmed or cremated, in graves, vaults, columbarium niches or other places in which the cremated human remains are scattered or buried in the ground.
  11. “Cemetery manager” means a natural person engaged in individual activities in accordance with the procedure laid down by legal acts, a legal person established in the Republic of Lithuania, a legal person or another organisation or their branch established in another EU Member State or a state of the European Economic Area who have been appointed by a municipality or a religious community or an association having legal personality to manage a cemetery.
  12. “Period of peace of a grave” means a period of time during which non-cremated human remains decompose to the bone. A specific period of peace of a grave in a cemetery shall be set by a cemetery manager, taking into account the soil composition and whether a person buried in the grave suffered from a dangerous or especially dangerous contagious disease, and based on the results of the hydrogeological analysis and the conclusion of the county public health centre. The period of peace of a grave may not be shorter than 25 years.
  13. “Coffin” means a box made from solid materials for burying of human remains in a grave, vault or a columbarium niche.
  14. “Columbarium” means a structure in a cemetery for burying of coffins containing human remains or urns containing cremated human remains.
  15. “Crematorium” means a building with facilities for cremation of human remains.
  16. “Cremation” means the incineration of human remains in a crematorium furnace. The incineration of the medical waste specified in paragraph 3 of Article 1 of this Law shall not be considered cremation.
  17. “Cremation company” means a legal person established in the Republic of Lithuania, a legal person or another organisation or their branch established in another EU Member State or a state of the European Economic Area offering cremation services who are in possession of a licence for cremation activities issued by the Ministry of Environment or an institution authorised by it.
  18. “Cremation services” means services involving the admission and storing of remains before cremation, their preparation for cremation and subsequent cremation, release of the cremated remains for burial (storing), accumulation and storage of data on cremation.
  19. “Cremation activities” means the activities involving the provision of cremation services referred to in this Law.
  20. “Person in charge of funeral arrangements” means a person appointed by the person who expressed his intention regarding the form of burial of his remains (burial, cremation, etc.) to execute his intention or, where such a person has not been appointed but the intention has been expressed in the will, the executor of the will or, in the cases prescribed by this Law, the spouse of the deceased or his children (adopted children) of the age of majority, parents (adoptive parents) and where there are no such persons, other close relatives and other persons specified in this Law and other laws who arrange the burial of the remains.
  21. “Burial” means the burial of human remains, including those embalmed or cremated, in a grave, placing them in a vault, a columbarium niche or another place intended for that purpose.
  22. “Funeral services” means services relating to the burial of human remains, covering the initial transportation of the human remains, storing of the human remains, preparation of the human remains for viewing, the viewing, transportation of the human remains for burying and burial.
  23. “Funeral director” means a natural person engaged in individual activities in accordance with the procedure laid down by legal acts, a legal person established in the Republic of Lithuania, a legal person or another organisation or their branch established in another EU Member State or a state of the European Economic Area who provide all or a part of funeral services in accordance with the procedure laid down by this Law.
  24. “New cemetery” means a cemetery established after the entry into force of this Law.
  25. “Plot for scattering of ashes” means a plot in a cemetery in which the cremated human remains are scattered on the soil surface.
  26. “Prematurely born foetus” means a foetus born between the end of the 22nd and 37th weeks of pregnancy, calculating from the first day of the last menstrual period, whose mass is not less than 500 grammes.
  27. “Viewing” means the provision of services pertaining to the paying of last respects to the deceased and/or the arrangement of provision of such services in funeral homes before the transportation of the human remains for burial.
  28. “Urn” means a box or a vessel with a solid capsule for burying or storing of cremated human remains.
  29. “Human remains” means the body of a deceased person, parts thereof or a prematurely born foetus.
  30. “Storage of human remains” means the storing of human remains at the premises and under the conditions conforming to the public health safety requirements laid down by legal acts after a post-mortem examination or forensic analysis and examination upon authorisation to bury the human remains or, where a post-mortem examination or forensic analysis and examination are not performed, upon transportation from the place of establishing the fact of death, unless other laws provide otherwise. The storage of human remains in personal health care institutions or the State Forensic Medicine Service under the Ministry of Justice of the Republic of Lithuania for a period established in laws and other legal acts shall not be considered storage of human remains.
  31. “Preparation of human remains for viewing” means the handling of human remains and clothing, including special preparation to protect the human remains from decomposition for up to a week, and placing in a coffin according to the request of the person in charge of funeral arrangements and the public health safety requirements laid down by legal acts, carried out at the premises intended for the preparation of human remains which are equipped in accordance with the requirements set forth in legal acts. Dressing and placing of the human remains in a coffin where, upon the request of the person in charge of funeral arrangements, this is done by the personnel of the personal health care institution or the State Forensic Medicine Service under the Ministry of Justice of the Republic of Lithuania, shall not be considered preparation of human remains for viewing.
  32. “Initial transportation of human remains” means the carrying of human remains without a coffin prior to the preparation for viewing and/or the viewing, except for carrying of human remains brought into the Republic of Lithuania from abroad, to the place of provision of other funeral services.
  33. “Transportation of human remains for burial” means the carrying of human remains and/or embalmed human remains after their preparation for viewing and/or the viewing to a cemetery for burial. CHAPTER TWO CREMATION Article
  34. Expression and Execution of a Person’s Intention Regarding Cremation
  35. Each capable person of the age of majority shall have the right to express his intention (consent or dissent) regarding the cremation of his remains in accordance with the procedure laid down by this Law.
  36. A person's intention (consent or dissent) regarding the cremation of his remains after death may be expressed in accordance with the procedure laid down by the Civil Code of the Republic of Lithuania in a will or another document of expression of will attested by a notary or another person authorised by law. When expressing the intention regarding the cremation of remains in a will or another document of expression of will, a person in charge of funeral arrangements who undertakes to ensure the execution of the expressed intention after the death of the person who expressed it may be appointed (specified). A person may not be appointed (specified) as a person in charge of funeral arrangements against his will. The person in charge of funeral arrangements appointed (specified) by the person who expressed his intention may not without valid reasons refuse the assumed duty to ensure the execution of the expressed intention after the death of the person who expressed it.
  37. Where a person’s consent regarding the cremation of his remains is expressed in a will in which a person in charge of funeral arrangements is not appointed, the intention regarding the cremation of the remains shall be executed by the executor of the will, unless the person who expressed his will has been buried prior to the announcement of the will. Where the person’s consent regarding the cremation of his remains is expressed in another document of expression of will in which a person in charge of funeral arrangements is not appointed, the intention regarding the cremation shall be executed by persons specified in paragraph 5 of this Article.
  38. A person may also express his consent regarding the cremation of his remains in writing by entering into a tripartite contract on the provision of cremation services after his death with a cremation company and a person in charge of funeral arrangements who undertakes to ensure the execution of the expressed intention after the death of the person who expressed it and the execution of the contract on the provision of cremation services. This contract shall be a consumer contract.
  39. Where upon the death of a person who expressed his consent regarding the cremation of his remains in accordance with the procedure laid down in paragraphs 2 and 4 of this Article, the whereabouts of the person in charge of funeral arrangements appointed in the will or another document of expression of will are unknown or where the person in charge of funeral arrangements, due to objective reasons, is unable to discharge the obligations or refuses to be the person in charge of funeral arrangements, the intention regarding the cremation shall be executed by capable persons who are the deceased person’s: 1) spouse; 2) where there is no person referred to in subparagraph 1 of this paragraph or where he does not execute the intention expressed by the person – children (adopted children) of the age of majority; 3) where there are no persons referred to in subparagraphs 1 and 2 of this paragraph or they do not execute the intention expressed by the person – parents (adoptive parents); 4) where there are no persons referred to in subparagraphs 1, 2 and 3 of this paragraph or they do not execute the intention expressed by the person – brothers and sisters (adoptive brothers and sisters) of the age of majority; 5) where there are no persons referred to in subparagraphs 1, 2, 3 and 4 of this paragraph or they do not execute the intention expressed by the person – grandparents or grandchildren of the age of majority; 6) where there are no persons referred to in subparagraphs 1, 2, 3, 4 and 5 of this paragraph or they do not execute the intention expressed by the person – other relatives;
  40. Where there are no persons referred to in subparagraphs 1-6 of paragraph 5 of this Article who are able to execute the intention expressed by the person regarding the cremation of his remains or the whereabouts of such persons are unknown, the cremation and burial of the cremated human remains shall be arranged by the municipality in the territory of which the person permanently resided. Where the person had no permanent place of residence, the cremation and burial shall be arranged by the municipality in the territory of which the fact of death was established. In that case, the person in charge of funeral arrangements is a person authorised by the municipal executive institution. Article
  41. Change of Intention Expressed by a Person Regarding the Cremation of His Remains
  42. A person may change the expressed intention regarding the cremation of his remains: 1) by amending the will or another document of expression of will; 2) by terminating the tripartite contract with the cremation company and the person in charge of funeral arrangements.
  43. Subsequent intention regarding cremation expressed in accordance with the procedure specified in paragraphs 2 and 4 of Article 3 of this Law shall repeal any previously expressed intention regarding the cremation. Article
  44. Cremation of Remains of a Person Who Did Not Expressed Intention Regarding the Cremation of His Remains
  45. The remains of a person who, while being alive, did not express his intention regarding the cremation of his remains in accordance with the procedure specified in paragraphs 2 and 4 of Article 3 of this Law may be cremated if the deceased person’s capable spouse of the age of majority or other capable persons of the age of majority specified in Article 3.135 of the Civil Code submit an application to a cremation company and acknowledge in writing that, while being alive, the person did not express his dissent regarding the cremation of his remains.
  46. In the event of disagreement among the persons referred to in paragraph 1 of this Article, the decision on whether to cremate the remains shall be taken by: 1) the spouse; 2) where there is no spouse – children (adopted children) of the age of majority; 3) where there are no persons referred to in subparagraphs 1 and 2 of this paragraph – parents (adoptive parents); 4) where there are no persons referred to in subparagraphs 1, 2 and 3 of this paragraph – brothers and sisters (adoptive brothers and sisters) of the age of majority; 5) where there are no persons referred to in subparagraphs 1, 2, 3 and 4 of this paragraph – grandparents and grandchildren of the age of majority.
  47. In the event of disagreement regarding the cremation of human remains among the persons referred to in the same subparagraph of paragraph 2 of this Article, the remains shall not be cremated. Article
  48. Procedure for Applying for Cremation
  49. The cremation of human remains shall be performed on the basis of an application for cremation of remains submitted by the person in charge of funeral arrangements and upon submission of the documents specified in paragraph 2 of this Article. The person in charge of funeral arrangements shall complete an application in the form established by the Government or an institution authorised by it at the cremation company.
  50. Together with an application for cremation of human remains, the person in charge of funeral arrangements must provide the following documents to the cremation company: 1) the death certificate of the person whose remains are cremated; 2) the identification document (passport, identity card) of the person in charge of funeral arrangements or the person entitled to act on behalf of the legal person where the person in charge of funeral arrangements is a legal person or a temporary or permanent residence permit in the Republic of Lithuania. Where the person in charge of funeral arrangements is a legal person or a person authorised by the municipal executive institution, the person entitled to act on behalf of the legal person or the person authorised by the municipal executive institution shall also provide a document attesting to their powers; 3) the consent of the person for the cremation of whose remains the application is made regarding the cremation of his remains, expressed in accordance with the procedure laid down in paragraphs 2 and 4 of Article 3 of this Law, where such consent has been expressed; 4) where the person for the cremation of whose remains the application is made did not express his consent regarding the cremation of his remains in accordance with the procedure laid down in paragraphs 2 and 4 of Article 3 of this Law, a marriage certificate, where the person in charge of funeral arrangements is a spouse, or a document attesting to blood relationship, where the person in charge of funeral arrangements is a close relative. In this case, the person in charge of funeral arrangements must also present a written confirmation (an agreement attested by the signatures of the close relatives and specify this in the application for cremation of remains) of the absence of disagreement among the close relatives of the deceased regarding the cremation of the remains; 5) a written authorisation from the prosecutor, where an application is made for the cremation of exhumed human remains.
  51. Repealed as of 1 January
  52. Article
  53. Restrictions on Cremation
  54. It shall be prohibited to cremate human remains: 1) where a person has expressed his dissent regarding the cremation of his remains in accordance with the procedure laid down in paragraph 2 of Article 3 of this Law; 2) where a disagreement referred to in paragraph 3 of Article 5 of this Law arose among the close relatives of the deceased regarding the cremation of his remains and the cremation company has been informed thereof in writing; 3) where the human remains have not been identified; 4) where it is known or suspected that the cause of death of the person has been a criminal act and a pre-trial investigation has been launched into it.
  55. Where human remains have not been identified or where it is suspected that the cause of death of the person may have been a criminal act and a pre-trial investigation has been launched into it, the human remains shall not be cremated but interred in the traditional way, by burying in the ground. Article
  56. Repealed as of 1 January
  57. Article
  58. Refusal to Cremate
  59. A cremation company must refuse to cremate human remains in the following cases: 1) in the presence of the circumstances specified in Article 7 of this Law; 2) if not all of the documents specified in Article 6 of this Law have been submitted.
  60. The decision on the refusal to cremate human remains must be taken by the cremation company within 24 hours from submission of the application and notify thereof the person in charge of funeral arrangements.
  61. Human remains the cremation whereof has been refused by the cremation company under subparagraph 2 of paragraph 1 of this Article may be cremated upon submission by the person in charge of funeral arrangements of the missing documents. Article
  62. Selection of the Site for a Crematorium
  63. The site for a crematorium shall be selected when preparing territorial planning documents in accordance with the procedure set forth by the Law of the Republic of Lithuania on Territorial Planning and other legal acts.
  64. When selecting the site for establishing a crematorium, the environmental impact of the activities of the crematorium shall be assessed under the Law of the Republic of Lithuania on Environmental Impact Assessment of the Proposed Economic Activity.
  65. The sanitary protection area of the crematorium shall be established in accordance with the procedure established by the Government. Article
  66. Requirements for a Cremation Company
  67. Legal persons established in the Republic of Lithuania, legal persons or other organisations or their branches established in another EU Member State or a state of the European Economic Area in possession of a licence for cremation activities issued by the Ministry of Environment or an institution authorised by it shall be allowed to engage in cremation activities under this Law. The Ministry of Environment or an institution authorised by it shall issue and replace the licence, issue duplicates thereof, refuse to issue the licence, warn of the possible suspension of the licence, suspend or revoke the licence, withdraw the warning of the possible suspension of the licence or lift the suspension of the licence in accordance with this Law and the Rules for Licensing of Cremation Activities approved by the Government.
  68. A cremation company must ensure that its activities do not pose a threat to human health and the environment.
  69. A cremation company must have personnel with the qualifications necessary for carrying out cremation activities, the required equipment and premises complying with the requirements of public health safety, health and safety at work as well as environmental requirements established by the Government or an institution authorised by it.
  70. A cremation company which terminates cremation activities must transfer the documents specified in paragraph 2 of Article 14 of this Law the storage period whereof has not yet expired for further storage in accordance with the procedure set forth by the Law of the Republic of Lithuania on Documents and Archives. Article
  71. Licensing of Cremation Activities
  72. Persons referred to in paragraph 1 of Article 11 of this Law who wish to obtain licences for cremation activities must meet the requirements specified in paragraph 3 of Article 11 of this Law and must possess a permit-hygiene passport for cremation activities issued in accordance with the procedure set forth by the Law of the Republic of Lithuania on Public Health and other legal acts.
  73. A person wishing to obtain a licence for cremation activities (hereinafter in this Article referred to as an “applicant”) must submit an application to the Ministry of Environment or an institution authorised by it in accordance with the procedure established in the Rules for Licensing of Cremation Activities. The application must be accompanied by the documents proving compliance of the applicant with the requirements specified in paragraph 1 of this Article referred to in the Rules for Licensing of Cremation Activities.
  74. Upon receipt of the documents referred to in paragraph 2 of this Article, the Ministry of Environment or an institution authorised by it shall, within five working days, apply in writing to territorial public health care institutions subordinate to the State Public Health Service under the Ministry of Health (hereinafter referred to as “public health centres”) requesting them to provide data on any permits-hygiene passports for cremation activities issued to the applicant in accordance with the procedure set forth by the Law of the Republic of Lithuania on Public Health and other legal acts. A public health centre must provide data on any permits-hygiene passports for cremation activities issued to the applicant within 10 working days from receipt of the letter from the institution issuing licences. Version of paragraph 3 as of 1 July 2012:
  75. Upon receiving the documents referred to in paragraph 2 of this Article, the Ministry of Environment or an institution authorised by it shall, within five working days, apply in writing to the county public health centres requesting them to provide data on any permits-hygiene passports for cremation activities issued to the applicant in accordance with the procedure set forth by the Law of the Republic of Lithuania on Public Health and other legal acts. The county public health centre must provide data on any permits-hygiene passports for cremation activities issued to the applicant within 10 working days from receipt of the letter from the institution issuing licences.
  76. Upon adopting a decision to issue a licence for cremation activities or a motivated decision to refuse to issue the licence, the Ministry of Environment or an institution authorised by it shall inform the applicant of the adopted decision in writing. A period during which the applicant eliminates the shortcomings specified by the Ministry of Environment or an institution authorised by it shall not be included in the time limit for issuing a licence for cremation activities and in that case the time limit for the adoption of the decision to issue the licence or refuse to issue the licence shall be calculated from the date of receipt of all the duly executed documents.
  77. Issuing of a licence for cremation activities shall be refused in the following cases: 1) where the applicant does not meet the requirements set in paragraph 1 of this Article; 2) where the applicant submits not all the documents specified in paragraph 2 of this Article or incorrectly filled in documents or submits documents which do not meet the set requirements or provides incorrect data and does not eliminate the shortcomings within the set time limit; 3) where the applicant’s licence for cremation activities has been revoked and a period of six months has not elapsed from the revocation of the licence. This provision shall not apply where the licence has been revoked at the request of the cremation company.
  78. A duplicate licence for cremation activities shall be issued in accordance with the procedure and within the time limits specified in the Rules for Licensing of Cremation Activities in cases where the cremation company loses or damages the original of the licence.
  79. Changes to the licence for cremation activities shall be made in accordance with the procedure and within the time limits specified in the Rules for Licensing of Cremation Activities in case of change of any data about the cremation company specified in the licence: the legal form, name, code.
  80. The Ministry of Environment or an institution authorised by it shall adopt a decision to warn the cremation company of the possible suspension of the licence for cremation activities and shall set a time limit not exceeding 20 working days for the elimination of the established violations where it transpires that the applicant has submitted incorrect data to obtain the licence for cremation activities.
  81. A licence for cremation activities shall be suspended in the following cases: 1) at the request of the cremation company; 2) where a decision has been adopted to warn the cremation company of the possible suspension of the licence and the cremation company has not submitted documents proving the elimination of the violations within the time limit specified in the decision or where the submitted documents are insufficient for establishing whether the violations have been eliminated and the time limit for the elimination of the violations has expired; 3) where a reasoned written proposal to suspend the licence for cremation activities due to the established violations of the cremation activities and documents containing a conclusion (conclusions) proving the reasons for the possible suspension of the licence have been received from the institutions of state supervision referred to in Article 30 of this Law which exercise control over the activities of cremation companies; 4) where the permit-hygiene passport referred to in paragraph 1 of this Article is suspended. Having suspended the permit-hygiene passport, the public health centre must within three working days inform thereof in writing the institution issuing licences and indicate the term of its suspension. Version of subparagraph 4 as of 1 July 2012: where the permit-hygiene passport referred to in paragraph 1 of this Article is suspended. Having suspended the permit-hygiene passport, the county public health centre must within three working days inform thereof in writing the institution issuing licences and indicate the term of its suspension.
  82. The Ministry of Environment or an institution authorised by it shall adopt a decision on the suspension of the licence within five working days from receipt of information about the occurrence of the circumstances specified in paragraph 9 of this Article and shall set a time limit not exceeding three months during which the cremation company must eliminate the violations which resulted in the suspension of the licence, except for the cases where the decision on the suspension of the licence is adopted in the cases referred to in subparagraphs 1 and 3 of paragraph 9 of this Article. In the case referred to in subparagraph 3 of paragraph 9 of this Article, the time limit for elimination of the violations shall be set on the basis of the time limit specified in the information received.
  83. A licence for cremation activities shall be revoked in the following cases: 1) at the request of the cremation company; 2) where a decision has been adopted to suspend the licence on the grounds specified in subparagraphs 2 or 3 of paragraph 9 of this Article and the cremation company has not submitted documents proving the elimination of the violations due to which the licence was suspended within the time limit specified in the decision to suspend the licence or the submitted documents are insufficient to establish whether the established violations have been eliminated and the time limit for the elimination of the violations has expired; 3) where it is established that the cremation company carries out cremation activities during the period of suspension of the licence; 4) where the cremation company is liquidated or reorganised; 5) where the permit-hygiene passport referred to in paragraph 1 of this Article is revoked. A public health centre shall inform thereof in writing the institution issuing licences within three working days from the date of revocation of the permit-hygiene passport. Version of subparagraph 5 as of 1 July 2012: where the permit-hygiene passport referred to in paragraph 1 of this Article is revoked. The county public health centre shall inform thereof in writing the institution issuing licences within three working days from the date of withdrawal of the permit-hygiene passport.
  84. The Ministry of Environment or an institution authorised by it shall inform the cremation company in writing of the adopted decision to warn the cremation company of the possible suspension of the licence for cremation activities or to suspend the licence or to revoke the licence indicating the reason (reasons) for adopting such a decision.
  85. Where the Ministry of Environment or an institution authorised by it adopt a decision to suspend the cremation licence or to revoke the licence, the cremation company must respectively suspend or terminate cremation activities not later than within five working days from the date of receipt (delivery based on the postmark) of the notification about the suspension or revocation of the licence.
  86. The warning of the possible suspension of the licence shall be withdrawn or suspension of the licence lifted upon submission by the cremation company, in accordance with the Rules for Licensing of Cremation Activities, of the documents proving the elimination of the violations which resulted in the adoption of the decision to issue a warning of the possible suspension of the licence or to suspend the licence.
  87. A legal person established in the Republic of Lithuania, a legal person or another organisation or their branch established in another EU Member State or a state of the European Economic Area whose licences for cremation activities have been revoked on the grounds specified in subparagraphs 2 and/or 3 of paragraph 11 of this Article may apply for the issuance of a new licence for cremation activities not earlier than after the lapse of six months from the date of revocation of the licence.
  88. State fees in the amount set by the Government shall be levied for the issuance and replacement of a licence or issuance of a duplicate licence.
  89. The Ministry of Environment or an institution authorised by it shall inform the Register of Legal Entities about the issuance, replacement, suspension, lifting of suspension and revocation of licences for cremation activities in accordance with the procedure established in the regulations of the Register of Legal Entities and shall publish information thereon in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios and on its website. Article
  90. Preparation of Human Remains for Cremation A cremation company must ensure that human remains are properly prepared for cremation. The rules for the preparation of human remains for cremation shall be approved by the Government or an institution authorised by it. Article
  91. Cremation Procedure Requirements
  92. It shall be forbidden to cremate human remains on the same day as the day of issuance of the medical certificate of death.
  93. The remains of not more than one person may be cremated in a cremation furnace at a time.
  94. The cremated human remains must be placed in a non-breakable air and liquid- tight capsule. The following data must be legibly imprinted on the capsule by the cremation company: 1) the name, surname and personal number of the deceased; 2) the date of birth and death of the deceased; 3) the code of the company which performed cremation and the date of cremation; 4) the registration number of cremation corresponding to the number in the cremation registration book. Article
  95. Accumulation and Storage of Cremation Data
  96. Cremation companies must register the cases of cremation in cremation registration books in accordance with the procedure established by the Government or an institution authorised by it.
  97. The cremation company shall store the applications for cremation of remains together with copies of the attached documents, applications for release of the cremated remains, tripartite contracts on the provision of cremation services, one copy of the cremation certificate proving the fact of cremation of the deceased and cremation registration books in accordance with the procedure set forth by the Law of the Republic of Lithuania on Documents and Archives. These documents shall be stored permanently, except for the cases specified in paragraph 4 of Article 11 of this Law. Article
  98. Release, Burial (Storage) of Cremated Remains
  99. The cremation company shall release the cremated remains to the person in charge of funeral arrangements or a person authorised by him to collect the cremated remains upon filling out of the application in the form set by the Government or an institution authorised by it. The cremation company shall indicate in the cremation registration book in which cemetery the cremated remains will be buried (stored) or note the fact that the cremated remains will not be buried (stored) pursuant to the rules for the upkeep of cemeteries, and shall also issue a certificate proving the fact of cremation of the deceased. Such a certificate shall contain the name, surname and personal number of the deceased, the date of cremation, the name, address and telephone number of the cremation company.
  100. The cremated remains shall be buried (stored) by placing them in a grave plot in a cemetery or a columbarium niche, and the ashes shall be scattered in the plot for scattering of the cremated remains in a cemetery or otherwise pursuant to the rules for the upkeep of cemeteries approved by the Government or an institution authorised by it, however, this must be carried out without violating the rights and legitimate interests of other persons and public order. The cremated human remains in an urn may be temporarily stored at home or other places suitable for storing. CHAPTER THREE EMBALMING Article
  101. Persons Performing Embalming
  102. Embalming may be performed by legal persons established in the Republic of Lithuania, legal persons or other organisations or their branches established in another EU Member State or a state of the European Economic Area holding a licence for embalming (hereinafter referred to a “holder of a licence for embalming”) issued by the institution authorised by the Government (hereinafter referred to as the “institution issuing licences”). The institution issuing licences shall issue and replace licences for embalming, issue duplicates thereof, refuse to issue the licence, warn of the possible suspension of the licence, suspend or revoke the licence, withdraw the warning of the possible suspension of the licence or lift the suspension of the licence in accordance with this Law and the Rules for Licensing of Embalming approved by the Government. Licences for embalming shall be issued to persons who fulfil the requirements specified in paragraph 1 of Article 161 of this Law.
  103. Human remains may be embalmed only after receiving the death certificate of the person. Article
  104. Licensing of Embalming
  105. Persons specified in paragraph 1 of Article 16 of this Law who wish to obtain a licence for embalming must: 1) be in possession of equipment and premises adapted for the performance of embalming as well as the personnel with the necessary qualifications. The requirements for the equipment, premises and qualifications of the personnel shall be established by the institution authorised by the Government; 2) hold a permit-hygiene passport for embalming issued in accordance with the procedure set forth by the Law of the Republic of Lithuania on Public Health and other legal acts.
  106. A person wishing to obtain a licence for embalming (hereinafter in this Article referred to as the “applicant”) must submit an application to the institution issuing licences in accordance with the Rules for Licensing of Embalming. The application shall be accompanied by the following: 1) documents proving that the available equipment for the performance of embalming and qualifications of the personnel are in compliance with the requirements specified in subparagraph 1 of paragraph 1 of this Article; 2) a letter indicating the address (addresses) of the premises in which the embalming is intended to be performed, validated by the applicant’s seal, where the applicant is required to possess such a letter, and signed by the person entitled to act on behalf of the applicant.
  107. Upon receiving the documents referred to in paragraph 2 of this Article, the institution issuing licences shall, within five working days, apply in writing to the public health centre requesting it to provide data regarding the permit-hygiene passport (permits-hygiene passports) for embalming issued to the applicant in accordance with the procedure set forth by the Law of the Republic of Lithuania on Public Health and other legal acts. The public health centre must provide data on any permits-hygiene passports for embalming issued to the applicant within 10 working days from receipt of the letter from the institution issuing licences. Version of paragraph 3 as of 1 July 2012:
  108. Upon receiving the documents referred to in paragraph 2 of this Article, the institution issuing licences shall, within five working days, apply in writing to the county public health centre requesting it to provide data regarding the permit-hygiene passport (permits-hygiene passports) for embalming activities issued to the applicant in accordance with the procedure set forth by the Law of the Republic of Lithuania on Public Health and other legal acts. The county public health centre must provide data on any permits-hygiene passports for embalming issued to the applicant within 10 working days from the date of receipt of the letter from the institution issuing licences.
  109. Upon adopting a decision to issue a licence for embalming or a reasoned decision to refuse to issue the licence for embalming, the institution issuing licences shall inform the applicant of the adopted decision in writing. A period during which the applicant eliminates the shortcomings specified by the institution issuing licences shall not be included in the time limit for issuing a licence for embalming and in that case the time limit for the adoption of the decision to issue the licence or refuse to issue the licence shall be calculated from the date of receipt of all the duly executed documents.
  110. It shall be refused to issue a licence for embalming in the following cases: 1) where the applicant does not meet the requirements set in paragraph 1 of this Article; 2) where the applicant submits not all the documents specified in paragraph 2 of this Article or incorrectly filled in documents or submits documents which do not meet the set requirements or provides incorrect data and does not eliminate the shortcomings within the set time limit; 3) where the applicant’s licence for embalming has been revoked and a period of six months has not elapsed from the revocation of the licence. This provision shall not apply where the licence has been revoked at the request of the applicant.
  111. A duplicate licence for embalming shall be issued in accordance with the procedure and within the time limits set in the Rules for Licensing of Embalming, in case of loss or damage of the original licence.
  112. Changes to the licence for embalming shall be made in accordance with the procedure and within the time limits specified in the Rules for Licensing of Embalming, in case of change of any data about the holder of the licence for embalming specified in the licence: the legal form, name, code, also in cases where the holder of the licence for embalming intends to change the data specified in subparagraph 2 of paragraph 2 of this Article.
  113. The institution issuing licences shall adopt a decision to warn the holder of the licence for embalming of the possible suspension of the licence for embalming and shall set a time limit not exceeding 20 working days for the elimination of the discovered violations where it transpires that the applicant has submitted incorrect data to obtain the licence for embalming.
  114. A licence for embalming shall be suspended in the following cases: 1) at the request of the holder of the licence for embalming; 2) where a decision has been adopted to warn the holder of the licence for embalming of the possible suspension of the licence and the holder of the licence for embalming has not submitted documents proving the elimination of the violations within the time limit specified in the decision or where the submitted documents are insufficient for establishing whether the violations have been eliminated and the time limit for the elimination of the violations has expired; 3) where a reasoned written proposal to suspend the licence for embalming due to the established violations of embalming and documents containing a conclusion (conclusions) proving the reasons for the possible suspension of the licence have been received from the institutions of state supervision referred to in Article 30 of this Law which exercise control over the activities of holders of licences for embalming; 4) where the permit-hygiene passport referred to in subparagraph 2 of paragraph 1 of this Article is suspended. Having suspended the permit-hygiene passport, the public health centre must within three working days inform thereof in writing the institution issuing licences and indicate the term of its suspension. Version of subparagraph 4 as of 1 July 2012: 4) where the permit-hygiene passport referred to in subparagraph 2 of paragraph 1 of this Article is suspended. Having suspended the permit-hygiene passport, the county public health centre must within three working days inform thereof in writing the institution issuing licences and indicate the term of its suspension.
  115. The institution issuing licences shall adopt a decision on the suspension of the licence within five working days from the receipt of information about the occurrence of the circumstances specified in paragraph 9 of this Article and shall set a time limit not exceeding three months during which the holder of the licence for embalming must eliminate the violations which resulted in the suspension of the licence, except for the cases where the decision on the suspension of the licence is adopted in the cases referred to in subparagraphs 1, 3 and 4 of paragraph 9 of this Article. In the case referred to in subparagraphs 3 and 4 of paragraph 9 of this Article, the time limit for the elimination of the violations shall be set on the basis of the time limit specified in the information received.
  116. A licence for embalming shall be revoked in the following cases: 1) at the request of the holder of the licence for embalming; 2) where a decision has been adopted to suspend the licence on the grounds specified in subparagraphs 2 or 3 of paragraph 9 of this Article and the holder of the embalming licence has not submitted documents proving the elimination of the violations due to which the licence was suspended within the time limit specified in the decision to suspend the licence or the submitted documents are insufficient to establish whether the established violations have been eliminated and the time limit for the elimination of the violations has expired; 3) where it is established that the holder of the licence for embalming performs embalming during the period of suspension of the licence; 4) where the holder of the licence for embalming is liquidated or reorganised; 5) where the permit-hygiene passport referred to in subparagraph 2 of paragraph 1 of this Article is revoked. A public health centre shall inform thereof in writing the institution issuing licences within three working days from revocation of the permit-hygiene passport. Version of subparagraph 5 as of 1 July 2012: 5) where the permit-hygiene passport referred to in subparagraph 2 of paragraph 1 of this Article is revoked. The county public health centre shall inform thereof in writing the institution issuing licences within three working days from revocation of the permit-hygiene passport.
  117. The institution issuing licences shall inform the holder of the licence for embalming in writing of the adopted decision to warn the holder of the licence for embalming of the possible suspension of the licence for embalming or the decision to suspend the licence or to revoke the licence, indicating the reason (reasons) for adopting such a decision.
  118. Upon adoption by the institution issuing licences of the decision to suspend the licence for embalming or to revoke the licence, the holder of the licence for embalming must respectively suspend or terminate embalming not later than within five working days from the date of receipt (delivery based on the postmark) of the notification about the suspension or revocation of the licence.
  119. The warning of the possible suspension of the licence for embalming shall be withdrawn or suspension of the licence lifted upon submission by the holder of the licence for embalming, in accordance with the Rules for Licensing of Embalming, of the documents proving the elimination of the violations which resulted in the adoption of the decision to issue a warning of the possible suspension of the licence or to suspend the licence.
  120. A legal person established in the Republic of Lithuania, a legal person or another organisation or their branch established in another EU Member State or a state of the European Economic Area whose licences for embalming have been revoked on the grounds specified in subparagraphs 2 and/or 3 of paragraph 11 of this Article may apply for the issuance of a new licence for embalming not earlier than after the lapse of six months from the date of revocation of the licence.
  121. State fees in the amount set by the Government shall be levied for the issuance and replacement of a licence or issuance of a duplicate licence.
  122. The institution issuing licences shall inform the Register of Legal Entities about the issuance, replacement, suspension, lifting of suspension and revocation of licences for embalming in accordance with the procedure established in the regulations of the Register of Legal Entities and shall publish information thereon in the supplement Informaciniai pranešimai to the official gazette Valstybės žinios and on its website. Article
  123. Use of Human Remains for Educational Purposes
  124. Where the cause of death is sufficiently clear and proved by the medical examination data, it is not suspected that the death might have been caused by a criminal act and the identity of the person has been established, human remains shall be transferred to universities entitled to perform embalming in the following cases: 1) where it is indicated in the will or another document of expression of will of the deceased person; 2) where the person did not express his intention before death and did not express prohibition to use his body or separate parts thereof for educational purposes, the consent for the use of the deceased person’s body or parts thereof may be given by the legally capable spouse of the deceased person or his children (adopted children) of the age of majority, parents (adoptive parents) or other close relatives specified in Article 3.135 of the Civil Code.
  125. Universities shall be responsible for storing and keeping records of the received human remains, management of documents related thereto and transfer of the remains to funeral directors or cremation companies.
  126. Human remains used for educational purposes shall be buried or cremated in accordance with the procedure set forth by this Law.
  127. Universities shall arrange the burial or cremation of human remains after their use for educational purposes at their own expense and shall maintain the burial sites of human remains used for educational purposes or cremated human remains. Article
  128. Procedure for Embalming of Human Remains The procedure for embalming of human remains shall be established by the Ministry of Health. Article
  129. Refusal to Perform Embalming Persons performing embalming must refuse to perform embalming in the following cases: 1) where the deceased person suffered from dangerous and especially dangerous contagious diseases entered on the list approved by the Ministry of Health or was the carrier of pathogens of these diseases; 2) the body of the deceased person is contaminated with radionuclides or other dangerous substances; 3) where persons performing embalming cannot ensure proper storage of human remains due to technical reasons. CHAPTER FOUR FUNERAL SERVICES Article
  130. Requirements for the Provision of Funeral Services
  131. The provider of funeral services for the provision whereof a permit-hygiene passport is required under the Law of the Republic of Lithuania on Public Health shall have the right to provide such services upon obtaining the permit-hygiene passport in accordance with the procedure set forth by the Law of the Republic of Lithuania on Public Health and other legal acts.
  132. Funeral services shall be provided without violating public health safety requirements set by the Minister of Health and quality requirements for the provision of funeral services set by the Minister of Environment. Funeral services shall not be provided on the premises of health care institutions.
  133. The provider of funeral services must: 1) provide funeral services in compliance with the public health safety requirements set by the Minister of Health; 2) provide the services of initial transportation of human remains and transportation of human remains for burial in vehicles complying with the requirements set by the Government or an institution authorised by it and in accordance with the procedure specified in paragraph 1 of Article 22 of this Law; 3) when communicating with the person in charge of funeral arrangements and the relatives of the deceased person, refrain from actions whereby their convictions are ignored and, keeping to the instructions of the person in charge of funeral arrangements, provide conditions for representatives of religious communities and associations registered in accordance with the procedure set forth by legal acts and other persons to take part in the funeral; 4) ensure that the provision of funeral services complies with the quality requirements for the provision of funeral services set by the Minister of Environment; 5) comply with other duties established for the provider of funeral services by legal acts. Article
  134. Rights and Duties of the Person in Charge of Funeral Arrangements
  135. Each capable person or a person of diminished capacity shall have the right to express his intention regarding the burial of his remains and appoint a person in charge of funeral arrangements who will arrange the burial after his death. A person may express his intention regarding the burial of his remains and appoint the person in charge of funeral arrangements: 1) in a will drawn up in accordance with the procedure set forth by the Civil Code, except for persons of diminished capacity; 2) in a written statement of intention attested by a notary or another person authorised by law in accordance with the procedure set forth by the Civil Code.
  136. Upon the death of a person who did not appoint the person in charge of funeral arrangements in accordance with the procedure specified in paragraph 1 of this Article or in case where the person in charge of funeral arrangements appointed by him could not arrange the burial for objective reasons or refused to arrange the burial, the burial shall be arranged: 1) where the person’s intention regarding the burial has been expressed in a will – by the executor of the will, unless the person who expressed his intention is buried prior to the announcement of the will; 2) the spouse of the deceased person, his children (adopted children) of the age of majority, parents (adoptive parents) and where there are no such persons, other relatives or other capable persons who are in a position to arrange the burial.
  137. Where there are no persons specified in paragraphs 1 and 2 of this Article who are in a position to arrange the burial or their whereabouts are unknown, the burial shall be arranged by the municipality in the territory of which the person permanently resided. Where the person had no permanent place of residence, the burial shall be arranged by the municipality in the territory of which the fact of death was established. In the cases specified in this paragraph, the person in charge of funeral arrangements is a person authorised by the municipal executive institution.
  138. The burial of unidentified human remains shall be arranged by the executive institution of the municipality in the territory of which the fact of death was established in accordance with the procedure established by the institution authorised by the Government.
  139. The person in charge of funeral arrangements shall have the right to receive a funeral allowance under the Law of the Republic of Lithuania on Assistance in the Case of Death and must bury human remains for the burial of which the funeral allowance has been paid out. Article
  140. Transportation of Human Remains
  141. In providing funeral services, human remains shall be transported in vehicles complying with the requirements set by the Government or an institution authorised by it. The procedure for transporting human remains for post-mortem examination or forensic analysis and examination shall be established by institutions authorised by the Government.
  142. The procedure for transporting the remains of persons who suffered from a dangerous or especially dangerous contagious disease entered on the list approved by the Ministry of Health or were the carriers of pathogens of these diseases shall be established by the Ministry of Health.
  143. For the purpose of transportation of human remains to the Republic of Lithuania from abroad, an authorisation to transport the remains of the deceased to Lithuania issued by the diplomatic missions or consular posts of the Republic of Lithuania shall be necessary. Such an authorisation shall be issued in compliance with the procedure established by the Minister of Health and the Minister of Foreign Affairs, unless otherwise provided for in the treaties of the Republic of Lithuania. CHAPTER FIVE CEMETERY Article
  144. Classification of Cemeteries
  145. Based on their purpose, cemeteries shall be divided into the following: 1) public; 2) denominational.
  146. Based on their status, cemeteries shall be divided into the following: 1) inactive; 2) restricted burial; 3) active. Article
  147. General Requirements for Cemeteries
  148. Cemeteries shall be established in compliance with this Law and other laws and legal acts. The area of newly established cemeteries may not exceed 40 hectares, including the green areas of common use;
  149. The boundaries of sanitary protection zones of newly established cemeteries shall be set in accordance with the procedure established by the Government; however, they may not be less than 100 metres.
  150. It shall be prohibited to establish cemeteries in sanitary protection zones.
  151. Prior to commencing the operation of a newly established cemetery, the infrastructure therein must be fully completed and public transportation service ensured.
  152. The procedure for installing memorials and gravestones and fencing of grave plots which are not assigned to construction works under the Law of the Republic of Lithuania on Construction shall be laid down in the rules for the upkeep of cemeteries.
  153. Requirements for cemeteries and their maintenance as well as other works relating to the upkeep of cemeteries and procedure for the provision of services shall be established by the Government in compliance with this Law and other laws. Article
  154. Burial of Human Remains in Grave Plots and Exhumation
  155. Grave plots in cemeteries shall be assigned free of charge.
  156. The burial of human remains shall be allowed not earlier than 24 hours after the pronouncement of death, unless religious convictions of the deceased or persons closely related to him are ignored thereby.
  157. Unidentified human remains may be buried only upon obtaining a written authorisation from the prosecutor.
  158. Human remains may be buried in unattended grave plots after the lapse of at least 25 years from the end of the period of rest of the grave and only upon obtaining an authorisation. The procedure for issuing such authorisations shall be established by the Government.
  159. Buried human remains may be exhumed before the end of the period of rest of the grave provided there is an application from the close relatives of the buried person and an authorisation has been obtained from the county public health centre in accordance with the procedure established by the State Public Health Service under the Ministry of Health or on the instruction of the prosecutor. The costs of exhumation shall be covered by the applicant. The authorisation from the county public health centre shall not be mandatory when transferring human remains buried in the vault unless the coffin is opened. Version of paragraph 5 as of 1 July 2012:
  160. Buried human remains may be exhumed before the end of the period of rest of the grave provided there is an application from the close relatives of the buried person and an authorisation has been obtained from the county public health centre in accordance with the procedure established by the Ministry of Health or on the instruction of the prosecutor. The costs of exhumation shall be covered by the applicant. The authorisation from the county public health centre shall not be mandatory when transferring human remains buried in the vault unless the coffin is opened.
  161. The cemetery manager shall ensure that public order is not disturbed during the exhumation of the remains and the possible spread of infection is avoided. Article
  162. Rights and Duties of a Cemetery Manager
  163. A cemetery manager must: 1) maintain the cemetery in compliance with the requirements of this Law and other legal acts; 2) when assigning grave plots, ensure the equality of all persons; 3) when communicating with the relatives of the deceased person, refrain from actions whereby their convictions would be ignored and, keeping to the instructions of the person in charge of funeral arrangements, provide conditions for religious communities and associations registered in accordance with the procedure set forth by legal acts and other persons to take part in the funeral; 4) manage documents relating to the maintenance of the cemetery; 5) where human remains buried in the cemetery do not decompose during the set general period of peace of a grave, forthwith address the issue of setting a new period of peace of the grave; 6) where a decision to close down a cemetery is taken, forthwith inform thereof in writing the close relatives of the persons buried therein, if their addresses are known to the manager, and the public in accordance with the procedure established by the Government; 7) when carrying out excavation works in cemeteries which have been closed down, ensure that all human remains are exhumed and buried in another grave at another cemetery, and that any items found in graves and vaults which are made from precious metals or any objects of cultural and/or historical value are transferred for storing to the competent state institutions in accordance with the procedure set forth by laws.
  164. A cemetery manager shall have the right to initiate the closing down of a cemetery. Article
  165. Data Accumulated by Cemetery Managers Cemetery managers shall accumulate the following data in accordance with the procedure established by the Government or an institution authorised by it: 1) the name, surname, place and date of birth and death and personal number of the person whose remains are buried in the cemetery, the date of issuance of the death certificate and its number; 2) the date and location of the burial of human remains (cemetery block, number and dimensions of the grave plot or columbarium niche, the plot for the scattering of ashes) and burial depth; 3) records of a dangerous or especially dangerous contagious disease entered on the list approved by the Ministry of Health if the person whose remains (expect for cremated remains) are buried in a grave or vault suffered from such a disease or was the carrier of pathogens of such a disease; 4) the dates of construction and reconstruction works in the grave plot, the dates of installation of other memorials, gravestones and fencing of the grave plot; 5) the reasons for the prohibition of burial, the beginning and duration of the prohibition; 6) the unique code in the Register of Cultural Property, where the grave has been entered in the Register of Cultural Property; 7) the data of the person in charge of funeral arrangements or another person responsible for the upkeep of the burial site or columbarium niche: in case of a natural person, the name, surname, address and telephone number, and in case of a legal person, the name, legal form, code, registered office and telephone number. Article
  166. Prohibition of Burial
  167. Burial in a cemetery shall be prohibited where further burial therein could pose a risk to public health.
  168. A decision on the prohibition of burial in a section of a cemetery or in the whole territory thereof shall be adopted by the director of the municipal administration in the territory whereof the cemetery is located, on the proposal of the State Public Health Service under the Ministry of Health. Version of paragraph 2 as of 1 July 2012:
  169. A decision on the prohibition of burial in a section of a cemetery or in the whole territory thereof shall be adopted by the director of the municipal administration in the territory whereof the cemetery is located, on the proposal of the county public health centre. Article
  170. Closing Down of a Cemetery
  171. A cemetery may be closed down in the event of danger to public health. The decision on the closing down of the cemetery shall be adopted by the council of the municipality in the territory whereof the cemetery is located, on the proposal of the State Public Health Service under the Ministry of Health. Version of paragraph 1 as of 1 July 2012:
  172. A cemetery may be closed down in the event of danger to public health. The decision on the closing down of the cemetery shall be adopted by the council of the municipality in the territory whereof the cemetery is located, on the proposal of the county public health centre.
  173. The cemetery may be closed down not earlier than after the end of the period of peace of the grave in which the last human remains were buried, except for the cases where it is necessary to close down the cemetery due to the danger to public health.
  174. Where it is necessary to close down the cemetery before the expiry of the period referred to in paragraph 2 of this Article, the local authorities must arrange for and cover the costs of exhumation and transportation of human remains buried therein as well as transfer to another cemetery of the soil and grass matting wherein the cremated human remains are scattered or buried in the ground.
  175. It shall be prohibited to remove graves and cemeteries entered in the Register of Cultural Property in accordance with the procedure established by laws. The graves and cemeteries of soldiers may be removed only where such a decision is supported by the Ministry of National Defence. CHAPTER SIX SUPERVISION AND CONTROL OF THE PROVISION OF CREMATION, EMBALMING AND FUNERAL SERVICES Article
  176. Competence of State Institutions in the Field of Supervision and Control of the Provision of Cremation Activities, Embalming and Funeral Services and Upkeep of Cemeteries
  177. The State Public Health Service under the Ministry of Health and territorial public health care institutions subordinate thereto shall, in accordance with the procedure established by the Minister of Health or an institution authorised by him, exercise state control over public health safety of cremation companies, holders of licences for embalming and funeral service providers offering the services of storage of human remains, preparation of human remains for viewing and the viewing, and also perform the functions of supervision and control of the provision of cremation activities, embalming and funeral services and the upkeep of cemeteries set forth by other laws. Version of paragraph 1 as of 1 July 2012:
  178. The county public health centres shall, in accordance with the procedure established by the Minister of Health or an institution authorised by him, exercise state control over public health safety of cremation companies, holders of licences for embalming and funeral service providers offering the services of storage of human remains, preparation of human remains for viewing and the viewing, and also perform the functions of supervision and control of the provision of cremation activities, embalming and funeral services and the upkeep of cemeteries set forth by other laws.
  179. The regional environmental protection departments under the Ministry of Environment and other institutions of state supervision shall, within the scope of their competence, supervise the activities of cremation companies, holders of embalming licences, funeral service providers and cemetery managers and control their compliance with the requirements of environmental protection and personal data management and protection laid down in this Law and other legal acts.
  180. Upon establishing violations of the requirements for cremation activities and embalming set forth by this Law and other legal acts, the institutions specified in paragraphs 1 and 2 of this Article may submit proposals to the institutions issuing licences for cremation activities and embalming on the suspension of the licence. Article
  181. Competence of Municipal Executive Institutions in the Field of Maintenance of Cemeteries Acting in compliance with this Law and other legal acts, the municipal executive institutions shall, in accordance with the procedure established by the Government, organise the maintenance of cemeteries, coordinate and control the activities of cemetery managers. Article
  182. Liability Natural and legal persons in breach of this Law shall be held liable under law. CHAPTER SEVEN FINAL PROVISIONS Article
  183. Entry into Force of the Law
  184. This Law, except for paragraph 2 of Article 20 and Article 34, shall enter into force on 1 March
  186. Managers of active cemeteries which do not comply with the requirements of this Law must, within one year from the entry into force of this Law, take all the necessary measures to ensure public health safety.
  187. By 1 January 2014, the inventory of cemeteries must be carried out in the territories of cemeteries and cemetery plots must be registered in the Real Property Register in accordance with the procedure set forth by the Law of the Republic of Lithuania on the Real Property Register and other legal acts, with priority given to the registration of cemetery plots of the cemeteries entered in the Register of Cultural Property.
  188. Paragraph 2 of Article 20 of this Law shall enter into force on 1 July
  189. Article
  190. Proposal to the Government The Government shall, by 1 July 2009, draw up and approve legal acts necessary for the implementation of this Law. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC Annex to Republic of Lithuania Law on the Burial of Human Remains EU LEGAL ACT IMPLEMENTED BY THIS LAW Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36). _______________ Translated by Jolanta Gamulevičiūtė-Napari [email protected]

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