6)for provision of information to the public, its education, consulting and training on the issues of introduction of technologies of the use of renewable energy sources,
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7)for administration of municipal programmes for funding the development of the use of renewable energy sources.
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4.The projects provided for by the national programme for funding the development of the use of renewable energy sources and municipal programmes for funding the development of the use of renewable energy sources shall be implemented by the persons who exercise, in accordance with the established procedure, the rights of movement granted to them by legal acts of the European Union and the Republic of Lithuania, as well as the freedom of establishment or the right of the free movement of services and conform to the requirements set forth by the relevant programme for funding the development of the use of renewable energy sources. The requirements for these programmes shall be set forth in compliance with non-discriminatory principles and effective competition principles.
\n
5.Funds of the national programme for funding the development of the use of renewable energy sources and municipal programmes for funding the development of the use of renewable energy sources may not be used to finance the projects benefiting from fixed tariff support schemes.
\n
6.General provisions of management of the funds of the national programme for funding the development of the use of renewable energy sources shall be as follows:
\n
1)the annual estimates of and reports on the use of funds of the national programme for funding the development of the use of renewable energy sources shall be approved by the Ministry of Energy;
\n
2)the annual estimates of and reports on the use of funds of the national programme for funding the development of the use of renewable energy sources shall be drawn up and the funds of the national programme for funding the development of the use of renewable energy sources shall be administered by the Ministry of Energy or a state institution, agency, enterprise or organisation authorised by the Ministry of Energy in accordance with the procedure laid down by legal acts.
\n
7.The estimates of and reports on the use of funds of the Special Programme for Climate Change shall be drawn up in accordance with the procedure laid down by the Law of the Republic of Lithuania on Financial Instruments for Climate Change Management and implementing legal acts.
\n
8.General provisions of management of the funds of municipal programmes for funding the development of the use of renewable energy sources shall be as follows:
\n
1)the annual estimates of and reports on the use of funds of municipal programmes for funding the development of the use of renewable energy sources shall be drawn up and the funds of the municipal programmes for funding the development of the use of renewable energy sources shall be administered by the administration of the respective municipality;
\n
2)the annual estimates of and reports on the use of funds of municipal programmes for funding the development of the use of renewable energy sources shall be approved by municipal councils.
\n
9.The funds of programmes for funding the development of the use of renewable energy sources may not be used for general needs of the State and municipalities.
\n
Article 43Provision of Information
\n
National programmes for funding the development of the use of renewable energy sources and the persons implementing projects under municipal programmes for funding the development of the use of renewable energy sources, also state institutions and agencies performing the functions of state regulation and supervision within their remit shall, in accordance with the procedure laid down by the Government, provide the entire required information on the activities pursued to the institutions exercising supervision of implementation of the programmes and managing the use of funds of the programmes.
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CHAPTER NINE REQUIREMENTS FOR PRODUCERS OF ENERGY FROM RENEWABLE SOURCES
\n
Article 44Licences, Authorisations and Certificates
\n
1.Licences, authorisations or certificates for pursuit of activities in the field of renewable energy sources shall be established by this Law, the Law on Energy, the Law on Electricity, the Law on Heat Sector, the Law on Natural Gas and other laws regulating the energy sector. The types of licensed activities, issuance, suspension, lifting of suspension and withdrawal of licences, authorisations or certificates shall be specified by the Law on Energy, the Law on Electricity, the Law on Heat Sector, the Law on Natural Gas and other laws regulating the energy sector and other laws. The persons wishing to obtain a licence, authorisation or certificate established by the Law on Energy, the Law on Electricity, the Law on Heat Sector, the Law on Natural Gas and/or other laws regulating the energy sector may be subject to requirements for a legal form and/or other requirements restricting the freedom of establishment, provided that such requirements are based on overriding public interest and conform to the principles of necessity and proportionality. Issued licences, authorisations or certificates may be replaced at the initiative of the issuing institution upon changing the terms of licensed activities as specified by the Law on Energy, the Law on Electricity, the Law on Heat Sector, the Law on Natural Gas and/or other legal acts.
\n
2.Pursuit of activities in the field of renewable energy sources without a licence, authorisation or certificate, where such have been prescribed, shall be prohibited. Pursuit of licensed activities in the event of suspension of a licence, authorisation or certificate shall be prohibited.
\n
Article 45Qualifications and Performance Appraisal of Fitters of Installations for Production of Energy from Renewable Sources
\n
1.Fitters of installations for production of energy from renewable sources must have appropriate qualifications and be duly prepared to perform the tasks assigned to them. A procedure for training and appraising the performance of fitters of installations for production of energy from renewable sources shall be approved by the Government or an institution authorised by it in compliance with the general requirements set forth in this Article.
\n
2.A procedure for training and appraising the performance of fitters of installations for production of energy from renewable sources must be laid down in compliance with transparent, proportionate and non-discriminatory principles.
\n
3.Vocational training or qualification improvement programmes for fitters of renewable energy installations must contain the issues of technological and economic benefits of renewable energy sources and their use.
\n
4.Performance of fitters of the following renewable energy installations must be appraised in accordance with the established procedure:
\n
1)biomass boilers and non-masonry stoves;
\n
2)solar photovoltaic and solar thermal installations;
\n
3)geothermal systems and heat pumps.
\n
5.Information on training and certification procedures applicable to fitters of renewable energy installations and a list of certified fitters shall be publicly available.
\n
6.Certificates issued to the fitters referred to in paragraph 4 of this Article by another Member State and conforming to the criteria specified in the procedure indicated in paragraph 1 of this Article shall be recognised in the Republic of Lithuania.
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Article 46Requirements for Installations Using Energy from Renewable Sources and Benefiting from Support Schemes
\n
1.Installations using energy from renewable sources and benefiting from a support scheme must conform to the technical requirements established for these installations and approved by the Ministry of Energy or another institution authorised by the Government.
\n
2.Where installations using energy from renewable sources benefit from a support scheme, the terms of granting support shall contain technical specifications prescribing technical requirements for installations using renewable energy sources.
\n
3.Where European standards exist, including eco-labels, energy labels and other technical reference systems established by the European standardisation bodies, the technical specifications referred to in paragraph 2 of this Article shall be expressed in terms of those standards. The technical specifications shall not prescribe where the installations are to be certified.
\n
Article 47Requirements for Individual Installations
\n
1.The support schemes specified by this Law and other legal acts shall aim at promoting the use of heating and cooling installations using energy from renewable sources and substantially reducing consumption of energy. Such installations shall be granted eco-labels or other relevant certificates or standards specified at national or EU level, provided that they have been specified.
\n
2.Support schemes shall apply to biomass conversion technologies for heating and cooling where:
\n
1)the conversion efficiency of biomass conversion technologies for heating and cooling, where these technologies are used for household and commercial needs, is at least 85 per cent;
\n
2)the conversion efficiency of biomass conversion technologies for heating and cooling, where these technologies are used for industrial needs, is at least 70 per cent.
\n
3.Support schemes shall apply to heat pumps and their installation provided that the heat pumps meet the criteria specified by Commission Decision 2007/742/EC of 9 November 2007 establishing the ecological criteria for the award of the Community eco-label to electrically driven, gas driven or gas absorption heat pumps (OJ 2007 L 301, p.14).
\n
4.Support schemes shall apply to solar heat installations provided that they have been certified in compliance with EU standards, if such have been specified, including eco-labels, energy labels and other technical reference systems established by the European standardisation bodies.
\n
5.In evaluating, under paragraphs 1-4 of this Article, the conversion efficiency of installations and the cost-production relationship, EU procedures or, in the absence of such procedures, international procedures, provided that such procedures have been established.
\n
6.Closed-loop geothermal systems whose installed capacity is less than 30 kW and which are intended for households shall be registered without an authorisation for operation.
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CHAPTER TEN TERRITORIAL PLANNING AND CONSTRUCTION
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Article 48Territorial Planning Requirements
\n
1.When planning public, industrial or residential areas, designing, building, reconstructing and/or renovating (modernising) public, industrial or residential buildings, account must be taken of the possibilities to use installations and systems intended for the use of electricity, heating and cooling from renewable energy sources, also for district heating and cooling supply. Planning of city infrastructure must, taking into account public interests, provide for the use of heating from renewable energy sources.
\n
2.The Ministry of Environment shall, in co-operation with the Ministry of Energy, develop and publish recommendations for designers, architects and other professionals concerning integration of renewable energy technologies, high energy-efficiency technologies and district heating and/or cooling supply systems when planning, designing, building and renovating (modernising) public, industrial or residential areas.
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Article 49Requirements for Design and Construction of Electricity Installations Using Energy from Renewable Sources
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1.Renewable energy installations and facilities shall be designed and construction work shall be carried out in compliance with the procedure and requirements stipulated by the Republic of Lithuania Law on Environmental Protection, Law on Environmental Impact Assessment of the Proposed Economic Activity, Law on Territorial Planning, Law on Construction and other legal acts.
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2.The Government or institutions authorised by it shall ensure that any descriptions and rules regulating authorisation, certification and licensing procedures and applicable to installations producing electricity, heating and cooling from renewable energy sources, associated transmission and distribution grid infrastructures and the processes of transformation of biomass into biofuels or other energy products are objective, transparent, proportionate and necessary, do not discriminate between applicants and take full account of the particularities of individual renewable energy technologies.
\n
3.Taking into account the limited size and potential impact of small installed capacity power plants (not exceeding 350 kW) and in order to avoid a disproportionate financial and administrative burden, competent authorities shall ensure that simplified requirements are applied to design and building of the small installed capacity power plants, with the exception of reservoir-type hydropower plants, not requiring preparation of detailed plans and changing of the main purpose of land use, unless this contradicts territorial management and use regulations.
\n
4.The following requirements shall be set for hydropower plants to be built:
\n
1)priority must be given, in accordance with the procedure laid down by the Government, to building of hydropower plants other than reservoir-type hydropower plants;
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2)where a hydropower plant’s pool floods an area, compensation shall be paid in accordance with the procedure laid down by legal acts to the owner or manager of the area or land shall be bought out subject to their mutual agreement;
\n
3)hydropower plants must be equipped with fish-ladders and provide for a possibility to periodically remove silt accumulated in pools of the hydropower plant and in dammed lakes;
\n
4)other environmental protection requirements for the hydropower plants to be built shall be set forth in accordance with the procedure laid down by legal acts.
\n
5.As regards building of individual wind power plants and/or solar light energy plants with the installed capacity not exceeding 350 kW in rural areas, it shall not be required to change the purpose of land use, prepare detailed plans and change solutions of a general plan, unless this contradicts territorial planning and use regulations.
\n
6.The following simplified requirements shall apply to wind power plants whose installed capacity is less than 30 kW, solar light plants, solar heat collectors and heat pumps:
\n
1)solar light power plants, solar heat collectors and heat pumps shall not be subject to requirements for compliance with the purpose of land use, the procedure of environmental impact assessment, a permit to build and a public health impact assessment;
\n
2)the arrangement of wind power plants in a land plot must be such as to ensure that the shortest distance from the boundary of the plot exceeds the length, width or height of the installation, depending on which of the three measurements is the largest. These installations shall be installed in compliance with the installation and operation rules drawn up by the producer of the installations concerned. They shall not be subject to requirements for compliance with the purpose of land use, the procedure of environmental impact assessment, a permit to build and a public health impact assessment. The noise level of wind power plants in adjacent residential areas must comply with the noise limit values specified by the Minister of Health;
\n
3)the installations may be moved to another location in accordance with the procedure laid down by legal acts. In this case, documentation on monitoring of variation of efficiency and environmental parameters of the installations must be drawn up.
\n
7.The solar light power plants, solar heat collectors, wind power plants whose installed capacity does not exceed 30 kW, where they comply with the noise level requirements specified by legal acts, shall be installed without an authorisation for construction.
\n
8.Wind power plants design works and construction sites in the areas which may be subject to certain restrictions taking into account the issues of national security shall be co-ordinated in advance, in the course of territorial planning with the Lithuanian Army and other institutions in accordance with the procedure laid down by law and other legal acts.
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Article 50Use of Energy from Renewable Sources in Buildigns
\n
1.The Government or institutions authorised by it shall prepare and implement the measures promoting the use of energy from all types of renewable sources in buildings, substantially increasing energy efficiency and relating to gross production of energy and low-energy buildings.
\n
2.Since 31 December 2014, new buildings and existing buildings that are subject to major renovation must comply with requirements for using energy from renewable sources. Compliance with these requirements may be ensured also through district heating and cooling produced using a significant proportion of renewable energy sources.
\n
3.From 1 January 2012 onwards, new buildings and existing buildings that are subject to major renovation, used by state and municipal institutions, agencies and enterprises, must comply with requirements for using energy from renewable sources.
\n
4.The Government or an institution authorised by it shall set forth the requirements referred to in paragraphs 2 and 3 of this Article and lay down a procedure for controlling implementation thereof.
\n
5.The Government or an institution authorised by it shall develop and approve financial support schemes to support construction of low-energy buildings.
\n
6.Municipalities shall include measures for increased use of renewable energy sources in buildings in their action plans for the promotion of the use of energy from renewable sources.
\n
7.The Government or an institution authorised by it shall develop and approve a programme for the use of roofs for energy generation from solar heat energy and solar light energy.
\n
8.The requirements of this Article shall apply to the Lithuanian Army only to the extent that their application does not cause any conflict with the nature and primary aim of the activities of the Lithuanian Army and with the exception of material used exclusively for military purposes.
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CHAPTER ELEVEN PROVISION OF INFORMATION, EDUCATION, RESEARCH AND TRAINING
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Article 51Provision of Information
\n
1.State and municipal institutions, agencies and enterprises shall, within their remit, prepare, provide and publish information on the procedure for issuing authorisations, licences or certificates, the procedure for processing certification applications relating to renewable energy installations and on the assistance provided to the applicants.
\n
2.State and municipal institutions, agencies and enterprises shall, within their remit, prepare, provide and publish information on support schemes applicable to the use and production of renewable energy sources.
\n
3.The Ministry of Environment, the Ministry of Energy, the Ministry of Transport and Communications, the Ministry of Education and Science, the Ministry of Agriculture, the state enterprise Energy Agency and municipal institutions shall, co-ordinating their activities and within their remit, develop and implement suitable information, awareness-raising measures, provide advice and develop education programmes in order to inform about the practicalities and benefits of developing and using renewable energy sources, including the availability and environmental benefits of all different renewable energy sources for transport.
\n
4.The Ministry of Energy shall organise exchange of practices in the field of use of renewable energy sources among state and municipal institutions, agencies, enterprises, organisations and private entities and make best practices public.
\n
5.The Lithuanian Army shall, in accordance with the procedure laid down by the Government, provide information on the territories of the Republic of Lithuania where, taking into consideration national security requirements, certain restrictions may apply to designing and construction of wind power plants.
\n
6.The state enterprise Energy Agency shall prepare, provide and publish information on systems and installations using renewable energy sources, their benefits, costs and consumption efficiency.
\n
7.State institutions and agencies shall have the right, for the purpose of performance of functions assigned to them, to obtain from municipalities, agencies and enterprises the required information on the areas designated for the building of renewable energy installations and the use of renewable energy sources. Enterprises shall provide information on the use of renewable energy sources to state and municipal institutions and agencies for the purpose of performance of the functions assigned to them. Information shall be provided in accordance with the procedure established by the Government or an institution authorised by it.
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Article 52Education and Research
\n
1.The Ministry of Education and Science shall incorporate knowledge and capacities in the field of possibilities, benefits and technological solutions of the use of renewable energy sources into reviewed general programmes of formal education.
\n
2.The Government shall promote research, education of the public, training of civil servants and vocational training in the field of renewable energy sources in accordance with the procedure laid down by legal acts.
\n
3.The Government shall support the implementation of pilot projects in the field of the use of renewable energy sources in accordance with the procedure laid down by legal acts.
\n
4.The Ministry of Energy shall, in conjunction with the Ministry of Environment, the Ministry of Education and Science and the Ministry of Agriculture, develop educational and research programmes for the production and use of renewable energy sources.
\n
Article 53Reporting to the European Commission
\n
1.The Government or an institution authorised by it shall lay down a procedure for draft and submitting reports to the European Commission on progress in the promotion and use of energy from renewable sources.
\n
2.The Ministry of Energy shall, in accordance with the procedure laid down in paragraph 1 of this Article, submit a report to the European Commission on progress in the promotion and use of energy from renewable sources not later than by 31 December 2011, and every two years thereafter. The sixth report, to be submitted by 31 December 2021, shall be the last report required.
\n
3.The Government or an institution authorised by it shall establish a procedure for collecting information on the use of biocombustibles and submitting it to the European Commission.
\n
CHAPTER TWELVE ACTION PLANS FOR THE DEVELOPMENT OF THE USE OF ENERGY FROM RENEWABLE SOURCES
\n
Article 54National Action Plan for the Development of the Use of Energy from Renewable Sources
\n
1.The National Action Plan for the Development of the Use of Energy from Renewable Sources shall be approved by the Government or an institution authorised by it acting in compliance with the National Programme for the Development of the Use of Renewable Energy Sources as referred to in Article 40 of this Law and approved by the Government.
\n
2.The National Action Plan for the Development of the Use of Energy from Renewable Sources must indicate:
\n
1)the estimated gross final consumption of energy in electricity, heating and transport in 2020, taking into account the effects of policy measures relating to energy efficiency on consumption of energy;
\n
2)national targets for the share of energy from renewable sources consumed in electricity, heating and transport in 2011-2020, taking into account the effects of other policy measures relating to energy efficiency on final consumption of energy;
\n
3)adequate measures to be taken to achieve those national overall targets, including cooperation between state and municipal institutions, planned statistical transfers or joint projects, national policies to develop existing biomass resources and mobilise new biomass resources for different uses;
\n
4)the measures relating to facilitation of administrative procedures, provisions of regulations and other legal acts relating to promotion of the use of renewable energy sources, information and training in the field of renewable energy sources, guarantees of origin for electricity, heating and cooling produced from renewable energy sources, access to energy grids or systems and facilitation of their operation for producers, implementation of a system of sustainability criteria for biofuels for transport and bioliquids;
\n
5)assessment of the contribution which specific renewable energy technologies and energy efficiency and energy saving measures can make to achieving national targets for the share of energy from renewable sources in electricity, heating and transport in 2020;
\n
6)assessment of the necessity to build new infrastructure for district heating and cooling produced from renewable energy sources in order to achieve the 2020 national targets. Subject to that assessment, the Republic of Lithuania shall, where relevant, take steps with a view to developing a district heating infrastructure to accommodate the development of heating and cooling production from large biomass, solar and geothermal facilities.
\n
3.The quantities of energy planned to be produced from renewable energy sources, as specified in the National Action Plan for the Promotion of the Use of Energy from Renewable Sources, must comply with the aims and tasks stipulated in Article 1 of this Law.
\n
Article 55National Targets
\n
1.National overall targets must, by 2020, comply with the aims and tasks stipulated in Article 1 of this Law.
\n
2.Interim national targets shall be as follows:
\n
1)in 2011-2012, the average share of energy from renewable sources must account for at least 16.6 per cent of the gross final consumption of energy;
\n
2)in 2013-2014, the average share of energy from renewable sources must account for at least 17.4 per cent of the gross final consumption of energy;
\n
3)in 2015-2016, the average share of energy from renewable sources must account for at least 18.6 per cent of the gross final consumption of energy;
\n
4)in 2017-2018, the average share of energy from renewable sources must account for at least 20.2 per cent of the gross final consumption of energy.
\n
3.National overall targets and national interim targets shall be calculated in accordance with the procedure laid down by the Ministry of Energy.
\n
4.The Lithuanian Department of Statistics shall ensure collection of statistical data on energy from renewable sources produced and/or consumed in the country and/or energy produced from renewable energy sources. These data must also include aerothermal energy, geothermal energy, hydrothermal energy, solar heat energy, solar light energy consumed in the sectors of final consumption of energy.
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Article 56Implementation of the National Action Plan for the Development of the Use of Energy from Renewable Sources
\n
1.The National Action Plan for the Development of the Use of Energy from Renewable Sources shall be implemented by state and municipal institutions, agencies, enterprises, organisations and private entities within their remit.
\n
2.Where over the past two years the share of energy from renewable sources has fallen below the national interim targets specified in Article 55 of this Law, the Government shall, not later than within 18 months from the end of the period concerned, approve the amended National Action Plan for the Development of the Use of Energy from Renewable Sources setting out adequate and proportionate measures to ensure that the share of energy from renewable sources complies, within a reasonable timetable, with the national targets established in Article 55 of this Law and shall ensure the submission of the amended National Action Plan for the Development of the Use of Energy from Renewable Sources to the European Commission.
\n
3.Where the Republic of Lithuania considers that, due to force majeure, it is impossible for it to achieve the national target set out in Article 1(4) of this Law, the Government or an institution authorised by it shall notify the European Commission thereof without delay.
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Article 57Municipal Action Plans for the Development of the Use of Energy from Renewable Sources
\n
1.Municipal action plans for the promotion of the use of energy from renewable sources shall pursue the aim of establishing the measures to be implemented by municipalities with a view to achieving the national targets specified in Article 55 of this Law.
\n
2.The Government or an institution authorised by it shall establish to each municipality minimum mandatory targets for the use of energy from renewable sources, which must be achieved by 2020. The municipalities shall include the targets and measures to achieve them in municipal action plans for the promotion of the use of energy from renewable sources. The municipalities shall set interim targets for the use of energy from renewable sources for 2011-2012, 2013-2014, 2015-2016 and 2017-2018.
\n
3.Municipalities shall approve and publish action plans for the development of the use of energy from renewable sources for 2011-2020 assessing the current situation and establishing the goals of the use of renewable energy sources and the measures to attain these goals.
\n
4.Municipalities shall co-ordinate draft municipal action plans for the development of the use of energy from renewable sources with an institution authorised by the Government.
\n
5.Not later than by 31 August 2012, and subsequently – on an annual basis, municipalities shall draft and publish reports on the implementation of action plans for the development of the use of energy from renewable sources.
\n
6.Where over the past two years a municipality’s share of energy from renewable sources has fallen below the interim targets for the use of energy from renewable sources specified in the municipal action plan for the development of the use of energy from renewable sources, the municipality shall, not later than within 18 months from the end of the projected period, approve the amended action plan for the development of the use of energy from renewable sources setting out adequate and proportionate measures to ensure that the share of energy from renewable sources complies, within a reasonable timetable, with the established national targets.
\n
7.Municipalities shall, within their remit, submit proposals for the purpose of drafting and amending the National Action Plan for the Development of the Use of Energy from Renewable Sources.
\n
8.The implementation of municipal action plans for the development of the use of energy from renewable sources shall be financed from the general appropriations approved by municipal budgets, municipal programmes for funding the development of the use of renewable energy sources and other sources of funding and funds.
\n
9.Municipal action plans for the development of the use of energy from renewable sources must ensure that conditions inhibiting the development of the use of renewable energy sources are not created in territories of municipalities.
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CHAPTER THIRTEEN INTERNATIONAL CO-OPERATION IN THE RENEWABLE ENERGY SECTOR
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Article 58Statistical Transfers between the Republic of Lithuania and Other Member States
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1.The Government or an institution authorised by it may make arrangements for the statistical transfer of a specified amount of energy from renewable sources from the Republic of Lithuania to another Member State or from another Member State to the Republic of Lithuania.
\n
2.Arrangements on statistical transfers shall be made in accordance with the procedure laid down by the Government.
\n
3.The Republic of Lithuania may execute a statistical transfer of a specified amount of energy from renewable sources to another Member State, where the amount of energy produced by the Republic of Lithuania from renewable sources exceeds the national interim targets specified in Article 55(2) of this Law.
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4.If the forecasted amount of energy from renewable sources to be consumed in the Republic of Lithuania is less than the national interim targets specified in Article 55(2) of this Law, and it is not possible to achieve these targets otherwise, the Seimas of the Republic of Lithuania may adopt a resolution permitting the Government to accept a statistical transfer of the amount of energy from renewable sources from another Member State.
\n
5.The transferred quantity of renewable energy sources shall be:
\n
1)deducted from the amount of energy from renewable energy sources that is taken into account in measuring compliance by the Republic of Lithuania with the national interim targets specified in Article 55(2) of this Law, when making statistical transfers of energy from the Republic of Lithuania to another Member State;
\n
2)added to the amount of energy from renewable energy sources that is taken into account in measuring compliance by the Republic of Lithuania with the national interim targets specified in Article 55(2) of this Law, when making statistical transfers of energy from another Member State to the Republic of Lithuania.
\n
6.The statistical transfers of energy made by the Republic of Lithuania may not affect to the detriment the achievement of the national interim targets specified in Article 55(2) of this Law.
\n
7.The arrangements referred to in paragraph 1 of this Article may have a duration of one or more years. The effected arrangements shall be notified to the European Commission in accordance with the procedure established by the Government no later than three months after the end of each year in which they have effect. The information sent to the European Commission shall include, inter alia, the quantity and price of the energy involved.
\n
8.Statistical transfers of energy shall become effective only after all Member States involved in the transfer have notified the transfer to the European Commission.
\n
9.The income received under arrangements on statistical transfers of energy shall be transferred to the State Treasury account of the national programme for funding the development of the use of energy from renewable sources.
\n
10.A transfer of the amount of energy from renewable sources by the Republic of Lithuania from another Member State under arrangements for statistical transfers of energy shall be funded from the state budget.
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Article 59Joint Projects between Member States
\n
1.The Government or an institution authorised by it may initiate, implement and/or participate in the implementation of all types of joint projects between the Republic of Lithuania and another Member State (or other Member States) regarding the production of electricity or heating or cooling from renewable energy sources. Such joint projects with other Members States may involve private operators.
\n
2.Agreements on joint projects with other Member States shall be concluded in accordance with the procedure laid down by the Government.
\n
3.An institution authorised by the Government shall, in accordance with the procedure laid down by the Government, notify the European Commission of the proportion or amount of electricity, heating or cooling from renewable energy sources produced by any joint project in the territory of the Republic of Lithuania, that became operational after 25 June 2009, or by the increased capacity of an installation that was refurbished after that date, which is to be regarded as counting towards the national overall target of another Member State. The units of energy from renewable energy sources produced by the increased capacity of the installation shall be considered as having been produced by a separate installation which became operational with the increase of the capacities of the installation.
\n
4.The notification to the European Commission referred to in paragraph 3 of this Article shall:
\n
1)describe the proposed installation or identify the refurbished installation;
\n
2)specify the proportion or amount of electricity or heating or cooling produced from the installation which is to be regarded as counting towards the national overall target of another Member State;
\n
3)identify the Member State in whose favour the notification is being made;
\n
4)specify the period, in whole calendar years, during which the electricity or heating or cooling produced from the installation is to be regarded as counting towards the national overall target of another Member State. This period may not extend beyond 2020.
\n
5.A notification made under paragraph 4 of this Article may not be varied or withdrawn without the joint agreement of the Republic of Lithuania and the Member State referred to in Article 59(4)(3).
\n
6.The duration of a joint project between the Republic of Lithuania and another Member State (or other Member States) may extend beyond 2020.
\n
7.The joint projects of the Republic of Lithuania with other Member States may not negatively affect the implementation of the national interim targets specified in Article 55(2) of this Law.
\n
Article 60Effects of Joint Projects between Member States
\n
1.Within three months of the end of each year falling within the period specified under Article 59(4)(3) of this Law, an institution authorised by the Government shall, in accordance with the procedure laid down by the Government, issue a letter of notification stating:
\n
1)the total amount of electricity or heating or cooling produced during the year from renewable energy sources by the installation which was the subject of the notification issued to the European Commission for the purposes of a joint project;
\n
2)the amount of electricity or heating or cooling produced during the year from renewable energy sources by that installation which is to count towards the national overall target of another Member State in accordance with the terms of the notification.
\n
2.An institution authorised by the Government shall send the letter of notification referred to in paragraph 1 of this Article to the Member State in whose favour the notification was made and to the European Commission.
\n
3.The amount of electricity or heating or cooling notified for the purposes of joint projects between the Republic of Lithuania and another Member State (or other Member States) in accordance with the procedure laid down by this Article shall be:
\n
1)deducted from the amount of energy from renewable energy sources that is taken into account, in measuring compliance by the Republic of Lithuania with the national interim targets specified in Article 55(2) of this Law, where the specified amount of electricity or heating or cooling is produced in the Republic of Lithuania for the benefit of another Member State;
\n
2)added to the amount of energy from renewable energy sources that is taken into account, in measuring compliance by the Republic of Lithuania with the national interim targets specified in Article 55(2) of this Law, where the specified amount of electricity or heating or cooling is produced in another Member State for the benefit of the Republic of Lithuania.
\n
Article 61Joint Projects with Third Countries
\n
1.The Government or an institution authorised by it may initiate, implement and/or participate in the implementation of all types of joint projects between the Republic of Lithuania and a third country (third countries) regarding the production of electricity from renewable energy sources. Such projects may involve also other Member States. Such joint projects with third countries may involve private operators.
\n
2.Agreements on joint projects with third countries shall be concluded in accordance with the procedure laid down by the Government.
\n
3.Electricity from renewable energy sources produced in a third country in the course of implementation of joint projects shall be counted towards the national overall target of the Republic of Lithuania if the following conditions are met:
\n
1)the electricity is consumed in the European Union;
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2)the electricity is produced by a newly constructed installation that became operational after 25 June 2009 or by the increased capacity of an installation that was refurbished after that date, under a joint project as referred to in paragraph 1 of this Article. The units of electricity from renewable energy sources produced by the increased capacity of the installation shall be considered as having been produced by a separate installation which became operational with the increase of the capacities of the installation;
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3)the amount of electricity produced and exported has not received support from a support scheme of a third country other than investment aid granted to the installation 4. The requirement set forth in subparagraph 1 of paragraph 3 of this Article shall be deemed to be met if:
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1)an equivalent amount of electricity to the electricity accounted for has been firmly nominated to the allocated interconnection capacity by all responsible transmission system operators in the country of origin, the country of destination and, if relevant, each third country of transit;
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2)an equivalent amount of electricity to the electricity accounted for has been firmly registered in the schedule of balance by the responsible transmission system operator on the European Union side of an interconnector;
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3)the nominated capacity and the production of electricity from renewable energy sources by the installation referred to in subparagraph 2 of paragraph 3 of this Article refer to the same period of time.
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5.The Government or an institution authorised by it may apply to the European Commission, for the purposes of estimating compliance with the national overall targets of the Republic of Lithuania when calculating the share of renewable energy sources, for account to be taken of electricity from renewable energy sources produced and consumed in a third country, in the context of the construction of an interconnector with a very long lead-time between the Republic of Lithuania and a third country if the following conditions are met:
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1)construction of the interconnector must be started by 31 December 2016;
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2)it is not possible for the interconnector to become operational by 31 December 2020;
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3)it is possible for the interconnector to become operational by 31 December 2022;
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4)after it becomes operational, the interconnector will be used for the export to the European Union, in accordance with paragraph 4 of this Article, of electricity generated from renewable energy sources;
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5)the application relates to a joint project that fulfils the criteria in subparagraphs 2 and 3 of paragraph 3 of this Article and that will use the interconnector after it becomes operational, and to a quantity of electricity that is no greater than the quantity that will be exported to the European Union after the interconnector becomes operational.
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6.The proportion or amount of electricity produced by any installation in the territory of a third country, which is to be regarded as counting towards the national overall target of the Republic of Lithuania and possibly another Member State (or other Member States), shall be notified to the European Commission by an institution authorised by the Government in accordance with the procedure laid down by the Government. When more than one Member State is concerned, the distribution between Member States of this proportion or amount shall be notified to the European Commission This proportion or amount shall not exceed the proportion or amount actually exported to, and consumed in, the European Union, corresponding to the amount referred to in subparagraphs 1 and 2 of paragraph 4 and meeting the conditions as set out in paragraph 4 of this Article.
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7.The notification to the European Commission referred to in paragraph 6 of this Article shall:
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1)describe the proposed installation or identify the refurbished installation;
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2)specify the proportion or amount of electricity produced from the installation which is to be regarded as counting towards the national target of the Republic of Lithuania as well as, subject to confidentiality requirements, the corresponding financial arrangements;
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3)specify the period, in whole calendar years, during which the electricity produced from the installation is to be regarded as counting towards the national overall target of Republic of Lithuania. This period may not extend beyond 2020;
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4)include a written acknowledgement of paragraph 4(2) and (3) by the third country in whose territory the installation is to become operational and the proportion or amount of electricity produced by the installation which will be used domestically by that third country.
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8.A notification made under paragraph 7 of this Article may not be varied or withdrawn without the joint agreement of the Republic of Lithuania and the third country that has acknowledged the joint project in accordance with subparagraph 4 of paragraph 7 of this Article.
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9.The duration of a joint project between the Republic of Lithuania and third countries may extend beyond 2020.
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10.The joint projects of the Republic of Lithuania with third countries may not negatively affect the implementation of the national interim targets specified in Article 55(2) of this Law.
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Article 62Effects of Joint Projects with Third Countries
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1.Within three months of the end of each year falling within the period specified under Article 61(7)(3) of this Law, an institution authorised by the Government shall, in accordance with the procedure laid down by the Government, issue a letter of notification stating:
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1)the total amount of electricity produced during the year from renewable energy sources by the installation which was the subject of the notification issued to the European Commission for the purposes of a joint project;
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2)the amount of electricity produced during the year from renewable energy sources by that installation which is to count towards the national overall target of the Republic of Lithuania in accordance with the terms of the notification;
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3)proof of compliance with the conditions set out in Article 61(3) of this Law.
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2.An institution authorised by the Government shall send the letter of notification referred to in paragraph 1 of this Article to the third country which has acknowledged the joint project in accordance with Article 61(7)(4) of this Law and to the European Commission.
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3.For the purposes of measuring national interim target compliance with the requirements of Article 55(2) of this Law, the amount of electricity produced from renewable energy sources notified in accordance with subparagraph 2 of paragraph 1 of this Article shall be added to the amount of energy from renewable sources that is taken into account, in measuring compliance by the Member State issuing the letter of notification.
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Article 63Joint Support Schemes with Other Member States
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1.The Government or an institution authorised by it may, in co-operation with competent authorities of another Member State (or other Member States), take decisions on joining of a national support scheme of the Republic of Lithuania with a support scheme of another Member State (or other Member States) or on partial co-ordination of operation of these schemes.
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2.In the cases specified in paragraph 1 of this Article, a certain amount of renewable energy produced in the territory of a Member State participating a support scheme may count towards the national overall target of another participating Member State, if the Member States concerned:
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1)make a statistical transfer of specified amounts of energy from renewable sources from one Member State to another Member State in accordance with Article 58 of this Law; or
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2)set up a distribution rule agreed by participating Member States that allocates amounts of energy from renewable sources between the participating Member States. Such a rule shall be notified to the European Commission by an institution authorised by the Government in accordance with the procedure laid down by the Government no later than three months after the end of the first year in which it takes effect.
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3.Where a notification under subparagraph 2 of paragraph 2 of this Article is made on behalf of the Republic of Lithuania, an institution authorised by the Government shall, within three months of the end of each year and in accordance with the procedure laid down by the Government, issue a letter of notification stating the total amount of electricity or heating or cooling from renewable energy sources produced during the year which is to be the subject of the distribution rule.
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4.The amount of electricity or heating or cooling from renewable energy sources notified in accordance with paragraph 2 of this Article shall be reallocated in accordance with the rule referred to in paragraph 2.
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5.Joint support schemes with other Member States may not negatively affect the implementation of the national interim targets specified in Article 55(2) of this Law.
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CHAPTER FOURTEEN LIABILITY AND EXAMINATION OF COMPLAINTS
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Article 64Examination of Complaints
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1.The National Control Commission for Prices and Energy shall, in accordance with the non-mandatory preliminary out-of-court procedure, examine complaints of the parties concerned over acts or omissions of electricity grid operators, heat suppliers and gas system operators when applying for connection of installations of these parties to respective grids or systems, connecting the installations, receiving produced energy to energy grids or systems and/or performing other duties specified by this Law and related to the use of renewable energy sources for production of energy.
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2.The complains lodged with the National Control Commission for Prices and Energy shall be examined in accordance with the procedure and under the conditions specified by the Law on Energy.
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CHAPTER FIFTEEN FINAL PROVISIONS
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Article 65Scope of the Law
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1.The persons engaged in economic and commercial activities in the sector of renewable energy sources shall, to the extent that this Law does not stipulate otherwise, be subject to requirements for activities in the electricity, heat or gas sectors as stipulated by the Law on Energy, the Law on Electricity, the Law on Natural Gas, the Law on Heat Sector and implementing legal acts.
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2.The provisions of Article 14(16) of this Law shall apply also to the producers which will not conclude a services contract on a power plant’s connection to electricity grids with the electricity grid operator under the authorisations issued for development of capacities of electricity production from renewable energy sources until the entry of this Law into force, but are eligible for support under the support schemes specified in Article 20 of this Law.
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3.Biofuels, biofuels for transport, biogas, bio lubricants and bio oils shall be traded under bilateral purchase and sale contracts and in other ways specified by legal acts. The procedure for trading in biofuels, biofuels for transport, biogas, bio lubricants and bio oils shall be established by the Rules for Trade in Biofuels, Biofuels for Transport, Biogas, Bio Lubricants and Bio Oils as approved by the Ministry of Energy, having regard to requirements for feeding-in of biogas specified in this Law and implementing legislation. Centralised trade in biofuels shall be organised in accordance with the procedure and under the terms and conditions specified by the Law of the Republic of Lithuania on Market of Energy Sources.
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Article 66Implementation of the Law
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1.By 1 July 2011, the Government shall draft and submit to the Seimas the draft amendments to the laws required for implementation of this Law.
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2.The Government or institutions authorised by it, municipalities, other persons referred to in this Law shall, not later than by 1 July 2011, draft and approve the legal acts implementing this Law, with the exception of Article 45 and Articles 58-62, and co-ordinate other related legal acts.
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3.The legal acts required for implementation of provisions of Article 45, Articles 58-62 of this Law shall be drafted and approved, and other related legal acts shall be co-ordinated by 31 December 2012.
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4.The Government or an institution authorised by it shall, not later than by 1 July 2011, draft the Law Amending the Law on Pollution Tax regarding methane pollution.
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Article 67Entry into Force of the Law
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1.This Law, with the exception of Articles 3, 16, 17, 19, 23, 24, 25, 32, 36, 39, 41, 44, 45, 48, 49 and 50, shall enter into force upon publication in the official gazette Valstybės Žinios.
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2.Articles 3, 16, 17, 19, 23, 24, 25, 32, 36, 39, 41, 44, 48, 49 and 50 of this Law shall enter into force on 31 December 2011.
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3.Article 45 of this Law shall enter into force on 31 December 2012.
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I promulgate this Law passed by the Seimas of the Republic of Lithuania.
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PRESIDENT OF THE REPUBLIC DALIA GRYBAUSKAITĖ Annex to the Republic of Lithuania Law on Energy from Renewable Sources LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW 1. Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ 2009 L 140, p.16).
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2.Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ 2009 L 211, p. 55).
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3.Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ 2009 L 211, p. 94).