📄 Įstatymo tekstas
DEL LIETUVOS RESPUBLIKOS VYRIAUSYBES 2004 M
Official translation
22 July 2008
GOVERNMENT OF THE REPUBLIC OF LITHUANIA
RESOLUTION No 21
of 9 January 2004
ON THE COORDINATION OF EUROPEAN UNION AFFAIRS
Vilnius
The Government of the Republic of Lithuania has r e s o l v e d:
1. To approve the Rules on the Coordination of European Union Affairs (as appended).
2. To charge state institutions and agencies of the Republic of Lithuania, specified in Annex 4 to the Rules on the Coordination of European Union Affairs approved by this Resolution, with appointing, by 16 May 2005, their representatives to attend the meetings of the managing bodies of the European Communities agencies referred to in Annex 4 to the Rules approved by this Resolution“.
Prime Minister Algirdas Brazauskas
Minister of Foreign Affairs Antanas Valionis
APPROVED by
Resolution No 21 of the Government of the Republic of Lithuania
of 9 January 2004
(as amended by Resolution No 478
of the Government of the Republic of Lithuania of 29 April 2005)
RULES ON THE COORDINATION OF EUROPEAN UNION AFFAIRS
I. GENERAL PROVISIONS
1. Positions of the Republic of Lithuania on the matters discussed in European Union (hereinafter referred to as “EU”) institutions shall be formulated, coordinated and presented, and the European Union law (the acquis communautaire) shall be transposed into national law of the Republic of Lithuania (hereinafter referred to as “national law”) and implemented in accordance with the Constitution of the Republic of Lithuania, the laws of the Republic of Lithuania, other legal acts adopted by the Seimas of the Republic of Lithuania, the international treaties of the Republic of Lithuania, the decrees of the President of the Republic of Lithuania, the resolutions of the Government of the Republic of Lithuania, the ordinances of the Prime Minister of the Republic of Lithuania, other legal acts and these Rules.
2. These Rules shall apply to the ministries, government agencies and agencies under the ministries which participate in the decision-making and implementation process on the matters discussed in EU institutions. Other state institutions and agencies which participate in the decision-making and implementation process on the matters discussed in EU institutions shall be recommended to follow these Rules.
3. The ministries, government agencies and agencies under the ministries, other state institutions and agencies (hereinafter referred to as the “state institutions and agencies”) in charge of the relevant areas of EU law (the acquis communautaire) may, if appropriate, discuss the positions of the Republic of Lithuania or the matters related to the transposition of EU law and/or the implementation thereof, covering the competence of two or more state institutions and agencies, in the working groups on EU affairs (hereinafter referred to as the “working groups”). The state institutions and agencies examining issues in the working groups shall follow the Rules on the Formation of Working Groups on EU Affairs and the Rules of Procedure Thereof (Annex 1 to these Rules) and refer to the list of the Working Groups on EU Affairs (Annex 2 to these Rules).
4. Positions of the Republic of Lithuania and other documents shall be submitted for discussion at the meeting of State Secretaries of the ministries or for consideration at a meeting of the Government of the Republic of Lithuania or a sitting of the Government of the Republic of Lithuania, in compliance with these Rules and the Rules of Procedure of the Government of the Republic of Lithuania, approved by Resolution No 728 of the Government of the Republic of Lithuania of 11 August 1994 (Valstybės žinios (Official Gazette), No 63-1238, 1994; No 27-1089, 2003).
5. state institutions and agencies shall work with classified documents of EU institutions in accordance with the laws and other legal acts of the Republic of Lithuania regulating the protection of classified information.
6. EU documents shall be registered and processed, the work of formulation and coordination of the positions of the Republic of Lithuania, as well as the work of transposition and implementation of EU law (the acquis communautaire), except for the work referred to in Chapters VI and VII of these Rules, shall be performed using the information system designed for the registration and processing of EU documents, work on the positions of the Republic of Lithuania, coordination of the transposition of EU law (the acquis communautaire) into national law and its implementation (hereinafter referred to as the “information system for Lithuania’s membership in the EU”). In cases where the use of this system is not possible due to reasons related to the protection of information (in cases where the information is related to the EU Common Foreign and Security Policy), the relevant work shall be performed in writing; in cases where the use of this system is not possible due to technical reasons related to the operation of the system, the relevant work shall be performed in writing and/or by electronic mail, unless these Rules stipulate otherwise.
7. Members of the European Parliament elected in Lithuania, and public establishments, non-governmental organisations and Lithuanian social partners concerned shall be provided with the possibility to use a partial copy of the information system for Lithuania’s membership in the EU enabling them to see which EU documents are received by the Government of the Republic of Lithuania; which state institutions and agencies formulate the positions of the Republic of Lithuania and deadlines set for them; and, to verify the existence of the formulated positions of the Republic of Lithuania. The social partners and non-governmental organisations shall participate in the formulation of positions of the Republic of Lithuania, in accordance with the procedure laid down in Annex 1 to these Rules.
II. formulation OF A POSITION OF THE REPUBLIC OF LITHUANIA
8. The EU documents sent by the General Secretariat of the Council of the EU shall be received and registered at the Office of the Government of the Republic of Lithuania. The Office of the Government of the Republic of Lithuania shall submit, without delay, the registered EU documents to the relevant state institutions and agencies (hereinafter referred to as the “institutions responsible for the formulation of a position of the Republic of Lithuania” and “lead institutions”) according to their competence and notify the Ministry of Foreign Affairs thereof. EU legislative proposals shall also be sent to the Seimas of the Republic of Lithuania, the European Law Department under the Ministry of Justice (hereinafter referred to as the “European Law Department”) and the Ministry of Foreign Affairs. The documents related to the EU Common Foreign and Security Policy, the European Security and Defence Policy, and other documents, sent through the COREU (Correspondance Européenne) and ESDP (European Security and Defence Policy Network) networks, shall be managed by the Ministry of Foreign Affairs under the procedure laid down in laws and other legal acts.
9. A position of the Republic of Lithuania shall be formulated on EU legislative proposals and, when appropriate, other EU documents which are discussed at EU Council working groups and committees, the Permanent Representatives Committee of the EU Council (hereinafter referred to as the “Coreper”), the EU Council Special Committee on Agriculture (hereinafter referred to as the “Special Committee on Agriculture”), the EU Council and the European Council. Such a position of the Republic of Lithuania shall be formulated, coordinated and presented in accordance with the procedure laid down in paragraph 12 and Chapters III and IV of these Rules.
10. The institution responsible for the formulation of a position of the Republic of Lithuania shall, if appropriate, formulate a position of the Republic of Lithuania on matters discussed at the committees of the Commission of the European Communities (hereinafter referred to as the “European Commission”), as well as in the committees, groups and other bodies referred to in Article 52 of the Act Concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is Founded annexed to the Treaty between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic Concerning the Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, the Slovak Republic to the European Union (Valstybės žinios (Official Gazette) No 1-1, 2004) (hereinafter referred to as the “Treaty of Accession to the European Union” and the “committees of the European Commission and other committees”, respectively). Such a position of the Republic of Lithuania shall be formulated, coordinated and presented in accordance with the procedure laid down in paragraph 12 and Chapters III and IV of these Rules.
11. A position of the Republic of Lithuania on the EU documents concerning pre-trial procedure in instances where a Member State fails to fulfil an obligation under EU law, in accordance with Articles 226-228 of the Consolidated Version of the Treaty Establishing the European Community (Valstybės žinios (Official Gazette) No 2-2, 2004) (hereinafter referred to as the “EU law infringement procedure”) shall be formulated, coordinated and presented in accordance with the procedure laid down in paragraph 12 and Chapter VI of these Rules.
A position of the Republic of Lithuania on the EU documents concerning the cases before the Court of Justice of the European Communities, the Court of First Instance of the European Communities, specialised courts or the judicial panels attached to the Court of First Instance, and the European Free Trade Association Court (hereinafter referred to as the “European judicial institutions” and the “position of the Republic of Lithuania on the cases before the European judicial institutions”, respectively) shall be formulated, coordinated and presented in accordance with the procedure laid down in Chapter VII of these Rules.
a position of the Republic of Lithuania on other EU documents shall also be formulated, if appropriate. Such a position of the Republic of Lithuania shall be formulated, coordinated and presented in accordance with the procedure laid down in paragraph 12 and Chapters III and IV of these Rules.
12. A position of the Republic of Lithuania shall be formulated in accordance with the typical structure of a position of the Republic of Lithuania on the matters discussed in European institutions (Annex 3 to these Rules), except for the cases specified in subparagraphs 2 and 3 of this paragraph.
A position of the Republic of Lithuania on the EU documents referred to in paragraph 11 of these Rules may be formulated following the typical structure of a position of the Republic of Lithuania on the matters discussed in the European institutions, unless these Rules stipulate otherwise.
A position of the Republic of Lithuania on an EU legislative proposal, for the adoption of which the EU Council uses a written procedure and which is adopted by a written vote, shall be formulated in a free form.
When appropriate, the institution responsible for the formulation of a position of the Republic of Lithuania shall submit observations regarding the translation of an EU legislative proposal or another EU document into Lithuanian to the divisions of EU institutions responsible for the translation of an EU legislative proposal or another EU document, and shall indicate the submission of observations in the information system for Lithuania’s membership in the EU.
III. COORDINATION, discussion and presentATION OF A position of the republic of lithuania
13. A state institution or agency shall, within the deadlines set by it and in writing or using the information system for Lithuania’s membership of the EU, coordinate a position of the Republic of Lithuania on an EU legislative proposal or another EU document which covers the competence of two or more state institutions or agencies with other state institutions or agencies concerned. this position shall be coordinated by a relevant working group, if appropriate.
14. when the institution responsible for the formulation of a position of the Republic of Lithuania formulates a position of the Republic of Lithuania on an EU legislative proposal concerning foreign policy, national security and matters discussed at the European Council, it shall coordinate the position with the President of the Republic.
15. The institution responsible for the formulation of a position of the Republic of Lithuania shall submit a formulated and, if appropriate, coordinated position of the Republic of Lithuania on an EU legislative proposal to the Ministry of Justice and the European Law Department. The latter institutions shall examine the position of the Republic of Lithuania and, if appropriate, within the deadline established by the lead institution, which shall not be shorter than one working day, make comments on the compliance of the EU legislative proposal with the principle of subsidiarity, as well as on the proposed amendments to the legislation of the Republic of Lithuania.
16. Unless the Office of the Government of the Republic of Lithuania sets another deadline, the institution responsible for the formulation of a position of the Republic of Lithuania shall submit the formulated and coordinated position of the Republic of Lithuania (pursuant to paragraphs 12-15 of these Rules) to the Office of the Government of the Republic of Lithuania and to the Ministry of Foreign Affairs within 15 working days of the date of submission of the EU legislative proposal or another EU document to the institution responsible for the formulation of a position of the Republic of Lithuania but not later than 3 working days prior to the meetings of EU Council working groups or committees, the EU Council and the European Council.
17. Unless the Office of the Government of the Republic of Lithuania sets another deadline, the institution responsible for the formulation of positions of the Republic of Lithuania shall revise, formulate, if appropriate, and submit the positions of the Republic of Lithuania on the assigned items on the agendas of the meetings of Coreper and the Special Committee on Agriculture to the Office of the Government of the Republic of Lithuania and to the Ministry of Foreign Affairs: regarding the meetings of Coreper within one working day of the submission of the Coreper agenda to the institution responsible for the formulation of the position of the Republic of Lithuania, and regarding the meetings of the Special Committee on Agriculture within 3 working days (but not later than one day prior to the meeting) of the submission of the agenda of the meeting of the Special Committee on Agriculture to the institution responsible for the formulation of the position of the Republic of Lithuania.
18. The institutions concerned shall formulate comments and proposals on a draft agenda of a meeting of the European Council, the EU Council and Coreper, and notify the Office of the Government of the Republic of Lithuania and the Ministry of Foreign Affairs within one working day of the transmission of agendas to the institutions concerned.
19. state institutions and agencies shall, using the information system for Lithuania’s membership of the EU, notify the Office of the Government of the Republic of Lithuania, the Ministry of Foreign Affairs and other state institutions and agencies of important additional information which is submitted to the European Commission, its committees, the EU Council, its working groups and committees, other EU institutions and which is related to the EU legislative proposals or other EU documents discussed. state institutions and agencies shall notify, in writing or by electronic means, the Office of the Government of the Republic of Lithuania and the Ministry of Foreign Affairs of the agendas, their items and handouts of important meetings between representatives of the state institutions and agencies and representatives of EU institutions and EU Member States (where EU legislative proposals and other EU documents are discussed), and of correspondence with the EU institutions.
20. A formulated and coordinated position of the Republic of Lithuania on EU legislative proposals which are negotiated at the meetings of EU Council working groups and committees, Coreper and the Special Committee on Agriculture, as well as a position of the Republic of Lithuania on other EU documents may be discussed at the meeting of State Secretaries of the ministries, on the basis of the proposal of a state institution or agency within its competence. this position may, if appropriate, be considered at the meeting of the Government of the Republic of Lithuania or the sitting of the Government of the Republic of Lithuania upon the proposal of the relevant minister or the Prime Minister.
21. A position of the Republic of Lithuania on an EU legislative proposal or another EU document which covers the competence of two or more state institutions or agencies and on which the state institutions or agencies concerned failed to reach an agreement, shall be coordinated at the meetings held by the Office of the Government of the Republic of Lithuania (attended by the state institutions and agencies concerned, as well as by the representatives of the Ministry of Foreign Affairs and the European Law Department), and shall be discussed at the meeting of State Secretaries of the ministries, considered at the meeting of the Government of the Republic of Lithuania or the sitting of the Government of the Republic of Lithuania, if appropriate.
22. positions of the Republic of Lithuania formulated by an institution responsible for the formulation of a position of the Republic of Lithuania on the matters negotiated in a meeting of the European Council and the EU Council except for the positions of the Republic of Lithuania which, for objective reasons, cannot be formulated at least 2 working days prior to the meeting of the Government of the Republic of Lithuania or the sitting of the Government of the Republic of Lithuania in question (positions of the Republic of Lithuania on the matters negotiated in an extraordinary meeting of the EU Council, positions of the Republic of Lithuania on the EU documents which are not submitted within the set deadline, etc.), and, if appropriate, also other positions of the Republic of Lithuania shall be considered at a meeting of the Government of the Republic of Lithuania, or, if appropriate, at a sitting of the Government of the Republic of Lithuania. These positions of the Republic of Lithuania shall be considered at the meeting of the Government of the Republic of Lithuania prior to the presentation thereof in the plenary sitting of the Seimas of the Republic of Lithuania, the Committee on European Affairs or the Committee on Foreign Affairs of the Seimas of the Republic of Lithuania.
Where positions of the Republic of Lithuania on the matters considered in a meeting of the European Council and the EU Council which are submitted to the Government of the Republic of Lithuania at least 2 working days prior to the relevant meeting of the Government of the Republic of Lithuania or the relevant sitting of the Government of the Republic of Lithuania are not considered at the relevant meeting of the Government of the Republic of Lithuania or at the relevant sitting of the Government of the Republic of Lithuania by the deadline for presentation of the positions of the Republic of Lithuania in the Committee on European Affairs or the Committee on Foreign Affairs of the Seimas of the Republic of Lithuania preceding the meeting of the European Council or the EU Council in question, the persons referred to in paragraph 24 of these Rules shall have the right to present such positions of the Republic of Lithuania to the committees of the Seimas of the Republic of Lithuania mentioned above.
23. positions of the Republic of Lithuania on the use, during the transposition and/or implementation of EU legislation, of derogations and/or exemptions contained in that legislation shall, upon the proposal of a state institution or agency, within its competence, be considered at a meeting of the Government of the Republic of Lithuania and, if appropriate, at a sitting of the Government of the Republic of Lithuania.
24. positions of the Republic of Lithuania on EU legislative proposals or other EU documents shall be presented in a plenary sitting of the Seimas, the Committee on European Affairs or the Committee on Foreign Affairs of the Seimas of the Republic of Lithuania by the Prime Minister or the relevant minister. In exceptional cases, the relevant minister may charge a vice-minister with presenting the positions of the Republic of Lithuania on EU legislative proposals or other EU documents.
25. In cases where, after the discussion at the meetings of EU Council working groups and committees, the Special Committee on Agriculture and Coreper, a position of the Republic of Lithuania, substantially differs from the previously agreed position, the lead institution, together with a working group, shall, if appropriate, discuss a newly formulated position of the Republic of Lithuania, which shall be submitted to the Office of the Government of the Republic of Lithuania and the Ministry of Foreign Affairs not later than 3 working days prior to its repeated deliberation at the meetings of EU Council working groups and committees, the Special Committee on Agriculture, Coreper or the EU Council. the Office of the Government of the Republic of Lithuania may shorten the term of 3 working days to one working day on a substantiated request by an institution responsible for the formulation of a position of the Republic of Lithuania. Such a position of the Republic of Lithuania shall be coordinated and, if appropriate, discussed in accordance with paragraphs 13, 20-24 and 24 of these Rules.
26. Meetings held by the Office of the Government of the Republic of Lithuania may also be proposed by state institutions and agencies by submitting a substantiated proposal to the Office of the Government of the Republic of Lithuania. These meetings shall be attended by representatives of the Ministry of Foreign Affairs, the European Law Department, and other state institutions and agencies concerned. An institution responsible for the formulation of a position of the Republic of Lithuania (or the Ministry of Foreign Affairs, if appropriate) shall present the summary of the positions of EU Member States.
27. The Office of the Government of the Republic of Lithuania shall normally draft an agenda for a meeting of State Secretaries of the ministries on the matters for discussion concerning positions of the Republic of Lithuania not later than one working day prior to the meeting of State Secretaries of the ministries and shall communicate it together with the positions of the Republic of Lithuania to state institutions and agencies using the information system for Lithuania’s membership of the EU. the Ministry of Foreign Affairs shall submit to the Office of the Government of the Republic of Lithuania, not later than one working day prior to the meeting of State Secretaries of the ministries, and, if appropriate, the meeting of the Government of the Republic of Lithuania or the sitting of the Government of the Republic of Lithuania, a draft agenda for the aforementioned meetings on the matters negotiated at Coreper II meetings together with the positions of the Republic of Lithuania..
28. The Office of the Government of the Republic of Lithuania, in cooperation with the Ministry of Foreign Affairs, shall keep the minutes of a meeting of State Secretaries of the ministries or of the Government of the Republic of Lithuania, which shall contain provisions regarding the position of the Republic of Lithuania on an EU legislative proposal or another EU document. The minutes of the meeting of State Secretaries of the ministries on the matters discussed at Coreper shall be signed by representatives of the Office of the Government of the Republic of Lithuania and the Ministry of Foreign Affairs. On the basis of the approved minutes, the Ministry of Foreign Affairs shall issue instructions to the head of the Permanent Representation of Lithuania to the EU (hereinafter referred to as “the Permanent Representation of Lithuania”) regarding the positions of the Republic of Lithuania to be taken in Coreper and shall notify the Office of the Government of the Republic of Lithuania of the instructions. Official instructions of state institutions and agencies to the Head of the Permanent Representation of Lithuania shall be issued through the Ministry of Foreign Affairs.
IV. PRESENTation of a POSITION OF THE REPUBLIC OF LITHUANIA IN EU INSTITUTIONS
29. A position of the Republic of Lithuania in the sittings of working groups and committees of the EU Council, the committees of the European Commission and other committees shall be presented by representatives of state institutions, agencies, and, if appropriate, other institutions, according to the list approved by the ordinance of the Prime Minister of the Republic of Lithuania, or by representatives of the Permanent Representation of Lithuania. The list shall specify the institutions responsible for the presentation of a position in each working group and committee of the EU Council, committee of the European Commission or another committee, and, if appropriate, the participating institution (institutions) and the number of the institution representatives. Under this ordinance, heads of state institutions and agencies, as well as other institutions, within 20 working days of the ordinance coming into force, shall appoint persons to participate in the activities of the working groups and committees of the EU Council, the committees of the European Commission and other committees, and forward the copies of relevant orders, ordinances and other legal acts or amendments thereof to the Office of the Government of the Republic of Lithuania and to the Ministry of Foreign Affairs.
30. At the meetings of the management bodies of the agencies of the European Communities, a position of the Republic of Lithuania shall be presented by state institutions and agencies according to the approved list (Annex 4 to these Rules). Heads of state institutions and agencies shall appoint persons to participate in the activities of these management bodies, and forward the copies of relevant orders, ordinances or other legal acts and amendments thereof to the Office of the Government of the Republic of Lithuania and the Ministry of Foreign Affairs.
31. A position of the Republic of Lithuania shall be presented in Coreper by the Head of the Permanent Representation of Lithuania or his deputy, and in the Special Committee on Agriculture by a responsible representative of the Ministry of Agriculture and/or a representative of the Permanent Representation of Lithuania in charge of agriculture.
32. At a meeting of the EU Council, the Government of the Republic of Lithuania shall be represented and a position of the Republic of Lithuania shall be presented by the Head of the Lithuanian Delegation, minister or his authorised representative, according to the list of ministers responsible for attending the meetings of the EU Council and presenting a position of the Republic of Lithuania (Annex 5 to these Rules).
The Head of the Lithuanian delegation shall decide on the composition of the Lithuanian delegation attending a meeting of the EU Council pursuant to the EU Council’s Rules of Procedure and shall notify without delay the Office of the Government of the Republic of Lithuania and the Ministry of Foreign Affairs thereof.
33. a position of the Republic of Lithuania, if appropriate and with respect to the circumstances, may be changed by the Prime Minister representing the Government of the Republic of Lithuania and presenting a position of the Republic of Lithuania at a meeting of the European Council, or by the Head of the Lithuanian Delegation (a minister or his authorised representative) representing the Government of the Republic of Lithuania and presenting a position of the Republic of Lithuania at a meeting of the EU Council. The Prime Minister or the Head of the Lithuanian Delegation (a minister or his authorised representative) shall report on such a change of the position at the next meeting of the Government of the Republic of Lithuania, and, if appropriate, at a sitting of the Government of the Republic of Lithuania.
34. the representatives of the Republic of Lithuania who attended the meetings of the EU Council, EU Council working groups and committees shall prepare their reports following the typical structure for a report on attendance at the sittings of EU institutions, their working groups and committees as well as meetings with representatives of EU institutions and Member States (Annex 6 to these Rules) and, in accordance with the procedure laid down in paragraph 6 of these Rules, shall submit it together with important information discussed to the institution responsible for the formulation of a position of the Republic of Lithuania, to the Office of the Government of the Republic of Lithuania, to the Ministry of Foreign Affairs, to the Permanent Representation of Lithuania and, if appropriate, shall also provide it to the members of the relevant working group not later than within one working day of the meeting. This report shall be prepared by the institution responsible for attending the meeting. The Permanent Representation of Lithuania shall report on the outcome of the meetings of Coreper.
the representatives of the Republic of Lithuania who attended the meetings of committees of the European Commission and other committees as well as individual meetings with officials of EU institutions and permanent representations of Member States, shall prepare their report following the typical structure for a report on attendance at the sittings of EU institutions, their working groups and committees as well as meetings with representatives of EU institutions and Member States (Annex 6 to these Rules) and, in accordance with the procedure laid down in paragraph 6 of these Rules, shall submit it together with important information discussed to the institution responsible for formulation of a position of the Republic of Lithuania, to the Office of the Government of the Republic of Lithuania, to the Ministry of Foreign Affairs, to the Permanent Representation of Lithuania and, if appropriate, shall also provide it to the members of the relevant working group not later than within 5 working days of the meeting. This report shall be prepared by the institution responsible for attending the meeting.
35. state institutions and agencies shall provide their representatives attending meetings of EU Council working groups and committees as well as meetings of committees of the European Commission and other committees with technical equipment necessary for the preparation of the reports referred to in paragraph 34 of these Rules. The Permanent Representation of Lithuania shall facilitate immediate transmission of the reports to the state institutions and agencies specified in paragraph 34 of these Rules.
36. Reports on attendance at the meetings of EU institutions, their working groups and committees as well as meetings with representatives of EU institutions and Member States shall be discussed, if appropriate, in the working groups or at the meetings held by the Office of the Government of the Republic of Lithuania, the meeting of State Secretaries of the ministries or the meeting of the Government of the Republic of Lithuania. the Prime Minister, ministers and other representatives of the Government of the Republic of Lithuania, who have attended meetings of the European Council and the EU Council, shall present the results thereof at a meeting of the Government of the Republic of Lithuania, the Committee on European Affairs and the Committee on Foreign Affairs of the Seimas of the Republic of Lithuania or at a plenary sitting of the Seimas of the Republic of Lithuania.
37. The state institutions or agencies which have formulated the positions of the Republic of Lithuania referred to in the third subparagraph of paragraph 12 and paragraph 23 of these Rules shall submit them to EU institutions in writing through the Permanent Representation of Lithuania.
V. Coordination of Transposition of EU LAW Into National LAW and Implementation THEREOF
38. State institutions and agencies shall, according to their competence, be in charge of the transposition of EU law (the acquis communautaire) into national law and the implementation thereof. The Office of the Government of the Republic of Lithuania shall coordinate the transposition of EU law (the acquis communautaire) into national law and the implementation thereof.
39. The Permanent Representation of Lithuania shall forward the originals of the EU legislation the publication of which in the EU Official Journal is not obligatory under EU law and which is addressed by EU institutions directly to Member States, to the Office of the Government of the Republic of Lithuania, while the copies shall be submitted (by electronic mail) to the Ministry of Foreign Affairs and other state institutions concerned.
40. The Office of the Government of the Republic of Lithuania shall distribute the adopted EU legal acts whose publication in the EU Official Journal is obligatory (except those that are related to the routine management of agricultural matters and are generally valid for a limited period), also the EU legal acts received from the Permanent Representation of Lithuania whose publication is not obligatory under the EU law and, if appropriate, other EU legal acts to appropriate state institutions and agencies according to their competence.
Disagreements on the distribution of the EU legal acts shall be settled at the meetings held by the Office of the Government of the Republic of Lithuania and, if appropriate, at a meeting of State Secretaries of the ministries or at a meeting of the Government of the Republic of Lithuania.
41. Unless another deadline is set by the Office of the Government of the Republic of Lithuania, within 3 weeks after the Office of the Government of the Republic of Lithuania communicates the information on the newly adopted EU legal acts listed in the first subparagraph of paragraph 40 of these Rules to the state institutions and agencies, the latter shall present the Office of the Government of the Republic of Lithuania with the following:
41.1. with regard to directives of EU institutions (hereinafter referred to as the “directives”) and regulations, decisions and other legal acts of EU institutions (hereinafter referred to as “other EU legal acts”):
41.1.1. the title(s) of legal act(s) of the Republic of Lithuania which is (are) intended to transpose and/or implement a directive, as well as to implement any other EU legal act in the national law;
41.1.2. the expected date(s) of the adoption of the legal act(s) which is intended to transpose and/or implement a directive and to implement any other EU legal act in the national law, as well as the expected date(s) of its (their) submission to the Government of the Republic of Lithuania and, in the case of a draft law, the expected date of the approval of the draft by the Government of the Republic of Lithuania;
41.2. with regard to other EU legal acts:
41.2.1 proposals for ensuring other measures necessary for the implementation of other EU legal acts;
41.2.2 EU legislation provisions the implementation of which will require drafting Republic of Lithuania legislation and/or other measures, along with the dates set by the EU legislation for the implementation of the said provisions;
42. Unless another deadline is set by the Office of the Government of the Republic of Lithuania, the expected date of the adoption of a legal act of the Republic of Lithuania which is intended to transpose and/or implement a directive in national law shall not be later than a month prior to the implementation deadline set in the directive. When state institutions and agencies establish that a law of the Republic of Lithuania should be drafted to transpose and/or implement a directive in national law, the expected date on which the Government of the Republic of Lithuania should approve this draft law shall be not later than 6 months prior to the implementation deadline set in the directive (unless another deadline is set by the Office of the Government of the Republic of Lithuania), except the cases when the period between the implementation deadline of the directive and its publication in the EU Official Journal is shorter than 8 months.
43. The type of a national legal act according to its legal effect, the deadlines for its adoption that is necessary in order to transpose and/or implement a directive or any other EU legal act and any other related issues shall, if appropriate, be discussed in a working group or at the meetings held by the Office of the Government of the Republic of Lithuania.
44. According to the proposals made by state institutions and agencies, the Office of the Government of the Republic of Lithuania shall draft and regularly update the plan of EU law transposition and implementation, which shall consist of the plan of transposition and implementation of directives and the plan of implementation of other EU legal acts.
45. A state institution or agency, having decided to draft a legal act that transposes and/or implements an EU legal act not included into the plan of EU law transposition and implementation, shall notify the Office of the Government of the Republic of Lithuania thereof and propose a supplement to the plan of EU law transposition and implementation giving the information referred to in paragraph 41 of the Rules.
46. By the 28th day of every calendar month, state institutions and agencies shall present the Office of the Government of the Republic of Lithuania with the information on the status of drafting legal acts and preparing other measures within their competence that are included into the plan of EU law transposition and implementation.
47. The Office of the Government of the Republic of Lithuania shall analyse drafting work of the planned legal acts and other measures and, at the beginning of every calendar month, shall present generalised information to a meeting of State Secretaries of the ministries and, if appropriate, to a meeting of the Government of the Republic of Lithuania.
48. At the beginning of every calendar month, the Office of the Government of the Republic of Lithuania shall notify the Committee on European Affairs of the Seimas of the Republic of Lithuania on the course of drafting the laws necessary for transposition and/or implementation of EU legal acts by state institutions and agencies.
49. With regard to every article of the directives assigned according to their competence, state institutions and agencies shall fill a correlation table of directives (other EU legal acts) and national legal acts of the Republic of Lithuania (draft legal acts) (hereinafter referred to as the “correlation table”) (Annex 7 to these Rules). The correlation tables shall be filled and submitted to the Office of the Government of the Republic of Lithuania, after the adoption of the national legislation transposing or implementing the directive's provisions, at least a month prior to the implementation deadline set in a directive, unless another deadline is set by an order of the Office of the Government of the Republic of Lithuania.
50. Following the procedure set by the Rules of Procedure of the Government of the Republic of Lithuania, the correlation tables shall also be filled when drafting, coordinating and presenting to the Government of the Republic of Lithuania draft legal acts that transpose and/or implement the provisions of directives or other EU legal acts as well as when drafting the orders of ministers as well heads of other state institutions and agencies transposing and/or implementing directives.
When drafting a legal act that transposes and/or implements several directives, the state institution drafting the legal act, shall fill a separate correlation table for every directive. With regard to all articles of the relevant directive assigned according to its competence, the institution drafting the legal act shall present relevant provisions of the legal act being drafted, as well as the provisions of adopted legal acts that ensure transposition and implementation of the directive and/or titles of the legal acts planned to be adopted in future. With regard to other articles of the relevant directive, the institution drafting the legal act, following the plan of transposition and implementation of EU law, shall indicate the state institution the competence of which shall cover these articles.
When drafting a law or a resolution of the Government of the Republic of Lithuania that implements other EU legal acts, the correlation tables shall be filled in accordance with the second subparagraph of this paragraph but only for those articles of the relevant EU legal act that are being implemented by the relevant draft law or draft resolution of the Government of the Republic of Lithuania.
The correlation tables filled when, in accordance with the procedure prescribed in the Rules of Procedure of the Government of the Republic of Lithuania, the legislation transposing and/or implementing the provisions of directives or other EU legislation is being drafted, coordinated and submitted to the Government of the Republic of Lithuania shall be entered into the information system for Lithuania’s membership in the EU the next working day after the said drafts are sent for coordination to the institutions concerned and the next working day after they are submitted to the Government. The correlation tables filled when drafting orders by ministers and heads of other state institutions and agencies shall be entered into the information system for Lithuania’s membership in the EU in the course of the legislation drafting process. Entering of a correlation table into the information system for Lithuania’s membership in the EU is the responsibility of the state institution or agency drafting the legal act.
51. The Office of the Government of the Republic of Lithuania shall draw up recommendations on filling of the correlation tables and shall provide consultations to state institutions and agencies on the related issues.
52. State institutions and agencies shall enter the information on national legal acts that transpose and implement the provisions of a directive into the electronic notification database within 3 days after the publication of the relevant national legal act in the Valstybės žinios (Official Gazette). Following the information correctly entered into the electronic notification database by state institutions and agencies, the Office of the Government of the Republic of Lithuania shall, not later than within 3 days notify the European Commission of the transposition of directives into national law and their implementation. When amending or repealing provisions of the notified national legal acts that transpose and/or implement the provisions of the relevant directive, state institutions that are in charge of the transposition and implementation of the relevant directive shall enter information about that into the electronic notification database without delay.
53. To ensure a smooth and effective process of the transposition of EU law (the acquis communautaire) into national law and its implementation, the Office of the Government of the Republic of Lithuania may request that state institutions and agencies submit in writing the information referred to in these Rules and any other additional information on the course of transposition of EU law (the acquis communautaire) into national law and/or its implementation.
54. State institutions and agencies shall coordinate replies to EU institutions on the compliance of the legal acts of the Republic of Lithuania with the EU law requirements with the European Law Department and the Office of the Government of the Republic of Lithuania, which, within their competence, shall make their comments and proposals concerning replies of state institutions and agencies within 5 working days, unless a state institution or agency sets another deadline, which shall not be shorter than 3 working days. Copies of replies of state institutions and agencies to EU institutions on the compliance of the legal acts of the Republic of Lithuania with the EU law requirements shall be submitted to the Office of the Government of the Republic of Lithuania and to the Ministry of Foreign Affairs at least within 5 working days after communication of such replies to EU institutions.
55. Following the procedure and frequency laid down by the EU legal acts, state institutions and agencies shall submit reports, statements and other information (hereinafter referred to as the “reports”) to EU institutions on the course of the implementation of EU legal acts and other EU membership obligations covered by their competence. A report shall be drafted following the formality and deadline requirements set in the related EU legal act(s); account should also be taken of the recommendations and guidelines of EU institutions, previous reports on the same subject, as well as conclusions and recommendations received with regard to previous reports. A report, except routine information informally provided to EU institutions that has no effect on the official position of the Republic of Lithuania, shall be drafted, coordinated and submitted to EU institutions following the procedure laid down in paragraphs 56 to 59 of these Rules.
56. The state institution that drafts the report may ask other competent state institutions for relevant information covering the competence of two or more state institutions, and such institutions shall supply the requested information within 10 working days (within 15 working days when the information is of a broad scope), unless the lead institution sets another deadline which shall not be shorter than 3 working days. If appropriate, such a report may be drafted and coordinated in a relevant working group on EU affairs or at the meetings of institutions held by the institution that drafts the report; representatives of the Office of the Government of the Republic of Lithuania, the Ministry of Foreign Affairs and other state institutions concerned shall be invited to such meetings.
57. When an institution that drafts a report considers that the information included into the drafted report may concern major interests of the Republic of Lithuania related to the contents of the drafted report, it shall submit the draft report to the Office of the Government of the Republic of Lithuania, the Ministry of Foreign Affairs and other competent state institutions, which shall make their comments within 5 working days of the receipt of the draft. On the initiative of the institution that drafts the report, the Office of the Government of the Republic of Lithuania or the Ministry of Foreign Affairs, such a report may be discussed at a meeting of State Secretaries of the Ministries and, if appropriate, it may be considered at a meeting of the Government of the Republic of Lithuania or a sitting of the Government of the Republic of Lithuania.
58. A report approved by the head of a state institution or agency or a person authorised by the head shall be communicated to a relevant EU institution (the Secretariat thereof) through the Permanent Representation of Lithuania. By an order of the Ministry of Foreign Affairs, the Permanent Representation of Lithuania shall immediately transfer the report approved by the Government of the Republic of Lithuania to the relevant EU institution (the Secretariat thereof).
59. When the contents of a report need to be presented and explained, representatives of state institutions that have taken part in the drafting of the report should take part in the consideration of the report at an EU institution and shall give explanations within their competence. The group of representatives of the Republic of Lithuania shall be led by a representative of the institution that drafts a report.
60. State institutions and agencies shall provide written and electronic information for the Office of the Government of the Republic of Lithuania and the Ministry of Foreign Affairs on significant additional information supplied to the European Commission, its committees, the EU Council and its working groups and committees and other EU institutions that is related to the transposition and/or implementation of EU law, as well as information on important meetings of representatives of state institutions and agencies with representatives of EU institutions and EU Member States (at which issues of EU legislation transposition and/or implementation are discussed), handouts and correspondence with EU institutions on the issues of EU law transposition and/or implementation.
VI. Coordination of THE EU LAW INFRINGEMENT PROCEDURE
61. State institutions and agencies shall, within their competence, be in charge of submission of replies and other documents related to the pre-trial procedure of the EU law infringement (before the case is transferred to the Court of Justice of the European Communities) and, if appropriate, of their delivery and explanation to EU institutions.
62. The Office of the Government of the Republic of Lithuania shall coordinate actions of state institutions and agencies related to the pre-trail procedure of the EU law infringement.
63. The Permanent Representation of Lithuania shall send the documents of the European Commission related to the pre-trial procedure of the EU law infringement (official notices, reasoned opinions, and other documents) to the Office of the Government of the Republic of Lithuania and shall send their copies (by electronic mail) to the Ministry of Foreign Affairs, the European Law Department, and other state institutions and agencies concerned.
64. The Office of the Government of the Republic of Lithuania shall present an official notice, a reasoned opinion or any other document of the European Commission on the alleged failure to transpose or implement an EU legal act or failure to fulfil any other obligation under the EU law (hereinafter referred to as the “EU law infringement”) received from the Permanent Representation of Lithuania to the state institution or agency that is in charge of transposition and/or implementation of the relevant EU legal act. Disagreement over the responsible institution shall be solved at the meetings held by the Office of the Government of the Republic of Lithuania and, if appropriate, at a meeting of State Secretaries of the ministries or a meeting of the Government of the Republic of Lithuania.
65. With regard to an official notice or another document, the state institution or agency that is in charge of the transposition and/or implementation of the relevant EU legal act shall draft a reply to the European Commission. With regard to a reasoned opinion, the state institution or agency that is in charge of transposition and/or implementation of the relevant EU legal act together with the European Law Department shall draft the position of the Republic of Lithuania on the EU law infringement and a reply to the European Commission.
66. Unless the Office of the Government of the Republic of Lithuania sets another deadline, the state institution or agency that is in charge of transposition and/or implementation of the relevant EU legal act (hereinafter referred to as the “state institution that drafts a reply”) shall submit a drafted position of the Republic of Lithuania on the EU law infringement and/or a draft reply to the European Commission for coordination to the Office of the Government of the Republic of Lithuania within a month of the receipt of an official notice, a reasoned opinion or any other document from the Office of the Government of the Republic of Lithuania but not later than 2 weeks prior to the date of submission of the reply to the European Commission set in the official notice, reasoned opinion or any other document.
67. Before being submitted for coordination to the Office of the Government of the Republic of Lithuania, a position of the Republic of Lithuania on an EU law infringement and/or a draft reply to the European Commission shall be coordinated with the Ministry of Foreign Affairs (which, if appropriate, shall make a summary of positions of other EU Member States on a similar EU law infringement), the European Law Department, as well as other state institutions the competence of which covers the EU law infringement, or a position of the Republic of Lithuania on the EU law infringement and/or a reply to the European Commission shall be drafted.
68. State institutions shall present their comments and the required information to the state institution that drafts a reply within 5 working days, unless the state institution that drafts a reply sets another deadline that shall be at least 3 working days.
69. If appropriate, a position and/or a reply shall be drafted and coordinated in an appropriate working group on EU affairs or at the meetings of state institutions held by the state institution that drafts a reply, with the participation of representatives of the Office of the Government of the Republic of Lithuania, the Ministry of Foreign Affairs, and other state institutions concerned.
70. The reply to the European Commission shall include an opinion on the proof of the EU law infringement given in the official notice, reasoned opinion or any other document presented by the European Commission, indicate when and with the help of what measures the undisputed EU law infringements established by the European Commission will be eliminated, and provide any other information requested by the European Commission and/or considered necessary by the state institution that drafts a reply.
71. A position of the Republic of Lithuania on the EU law infringement shall be drafted following the typical structure of the position of the Republic of Lithuania on the issues considered by EU institutions (Annex 3 to these Rules) by filling its points 1, 4, 7.2, 8, 9, 11, 14.1, 14.2, 15, and 17-20.
72. If appropriate, a draft reply to the European Commission on an official notice or another document shall be presented for consideration at the meeting of State Secretaries of the ministries at least one week prior to the date of submission of the reply to the European Commission given in an official notice or another document.
A state institution that drafts a reply to the European Commission on an official notice or another document signed by the minister of the respective administrative field and, if appropriate, discussed at the meeting of State Secretaries of the ministries shall submit it to the European Commission (its General Secretariat) through the Permanent Representation of Lithuania not later than on the date of submission to the European Commission set in the official notice or another document; a copy of the reply shall be sent to the Office of the Government of the Republic of Lithuania, the Ministry of Foreign Affairs and the European Law Department.
73. A position of the Republic of Lithuania on the EU law infringement and a draft reply to the European Commission on a reasoned opinion shall be submitted for consideration at a meeting of the Government of the Republic of Lithuania at least a week prior to the date of submission of a reply to the European Commission given in the reasoned opinion. The state institution that drafts the reply shall submit the reply considered at the meeting of the Government of the Republic of Lithuania and signed by the minister of the relevant administrative field to the European Commission (the General Secretariat) through the Permanent Representation of Lithuania not later than on the date of submission given in the reasoned opinion; a copy of the reply should be sent to the Office of the Government of the Republic of Lithuania, the European Law Department and the Ministry of Foreign Affairs.
74. If appropriate, the Office of the Government of the Republic of Lithuania shall inform the Committee on European Affairs of the Seimas of the Republic of Lithuania on the documents received from the European Commission that are related to the pre-trial procedure of the EU law infringement, as well as on the related replies given to the European Commission by state institutions and agencies of the Republic of Lithuania.
VII. DRAFTING, COORDINATION, APPROVAL, SUBMISSION AND REPRESENTATION OF A POSITION OF THE REPUBLIC OF LITHUANIA ON CASES HEARD IN EUROPEAN JUDICIAL INSTITUTIONS AND IMPLEMENTATION OF DECISIONS PASSED BY EUROPEAN JUDICIAL INSTITUTIONS
75. The position of the Republic of Lithuania on cases heard in European judicial institutions shall be drafted in order to ensure adequate representation of the Republic of Lithuania in interpretation and application of EU law in European judicial institutions, as well as protecting legal interests and rights of the Republic of Lithuania in the EU.
A position of the Republic of Lithuania on cases heard in European judicial institutions (hereinafter in this Chapter referred to as the “position of the Republic of Lithuania”) means the position of the Government of the Republic of Lithuania on intervening, submission of observations, also action brought or another document presented on behalf of the Republic of Lithuania, or statement of defence. When the Republic of Lithuania intends to bring an action or acts as a defendant, the position of the Republic of Lithuania shall contain principal legal and factual arguments. When drafting the position of the Republic of Lithuania under the present Chapter, Annex 3 to these Rules shall not apply.
76. The procedure laid down in this Chapter shall apply to positions of the Republic of Lithuania drafted on the points of law of a case being heard at any European judicial institution and/or on the facts of the case, on any issue of the case being heard (concerning substantive matters, court jurisdiction, interim measures, lega …
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