REPUBLIC OF LITHUANIA
LAW
AMENDING ARTICLES 1, 6, 19, 191, 192 AND 55 OF AND THE ANNEX TO LAW NO I-1223 ON ENVIRONMENTAL PROTECTION AND SUPPLEMENTING THE LAW WITH ARTICLE 193
7 November 2017 No XIII-704
Vilnius
Article 1. Amendment to Article 1
Point 24 of Article 1 shall be amended and set forth to read as follows:
“24) pollution permit shall mean a written authorisation to operate all installation fulfilling the criteria set out in the Rules for the Issue, Updating and Revocation of Permits as approved by the Minister of Environment or, in accordance with the procedure laid down by the Minister of Environment, a part of such an installation or two or more such installations or parts of the installations which are not subject to the requirement to hold a permit referred to in point 23 of this Article, where such a permit stipulates environmental protection conditions for the operation of the installation;”.
Article 2. Amendment to Article 6
Point 8 of the fifth paragraph of Article 6 shall be amended and set forth to read as follows:
“8) establish and control emission (discharge, dispersal) standards for contaminants (except radionuclides) and a procedure for accounting for them, lay down a procedure for issuing permits to emit (discharge, disseminate) the contaminants (except radionuclides) and registering installations;”.
Article 3. Amendment to Article 19
Article 19 shall be amended and set forth to read as follows:
“Article 19. Operation of objects of economic activities
Before commencing the operation of an object of economic activity and the pursuit of economic activities, a natural person, a legal person or a division thereof (including a foreign legal person and another organisation, also a division thereof) (hereinafter in this Article and in Articles 191, 192 and 193 of this Law: a ‘natural person or a legal person’) must, in the cases stipulated in this Law and other laws, obtain an integrated pollution prevention and control permit, a pollution permit or another permit (hereinafter: a ‘permit’) or register an installation.
A legal person or a natural person shall operate an object of economic activities under the conditions established in a permit and not exceeding the normative standards and standards of environmental protection.
When operating an object of economic activities whose operation is related to a harmful effect on the environment, a legal person or a natural person must, at own expense, monitor the degree of environmental pollution and its environmental impact, ensure that information thereon be available to the public, and provide conditions for pollution control.
When operating an object of economic activities, a legal person or a natural person must, in accordance with the established procedure, keep records of the exploitation of natural resources and the contaminants emitted (discharged, dispersed) to the environment.
A legal person or a natural person operating an object of economic activities or pursuing the economic activities not subject to a permit must comply with the normative standards and standards of environmental protection established for such objects and the activities.
Article 4. Amendment to Article 191
Article 191 shall be amended and set forth to read as follows:
“Article 191. Integrated pollution prevention and control permit
The Rules for the Issue, Renewal and Revocation of Integrated Pollution Prevention and Control Permits (hereinafter in this Article: an ‘IPPC permit’) (hereinafter: the ‘IPPC Rules’) shall be approved by the Minister of Environment. These Rules shall stipulate a procedure for drafting, submitting an application for the issue or updating of an IPPC permit (hereinafter: an ‘application for an IPPC permit’), making public, examining, coordinating and accepting the received application for an IPPC permit, drafting the IPPC permit, issuing the IPPC permit, reviewing the terms and conditions of the IPPC permit, updating and revoking the IPPC permit, also a procedure for providing information to another European Union Member State, holding consultations with another European Union Member State and providing information about the adoption of a decision to issue the IPPC permit, a procedure for providing information to the public of another European Union Member State.
A natural person or a legal person shall have the right to operate an installation referred to in the IPPC Rules (a part of the installation, two or more installations or parts of the installations) and operated or managed by this person by the right of ownership, rent, loan for use, trust or on other legal grounds solely subject to being in possession of a valid IPPC permit and under the terms and conditions specified therein. The natural person or the legal person must operate the installation referred to in the IPPC Rules (the part of the installation, two or more installations or parts of the installations) in accordance with the following principles: take all the required preventive measures against pollution; apply the best available production techniques as defined by the Minister of Environment upon coordination with the Minister of Agriculture and the Minister of Economy; cause no significant pollution; prevent the generation of waste and, where waste is generated, ensure, in accordance with the order of priorities of waste management stipulated in the Law of the Republic of Lithuania on Waste Management, that it is prepared for re-use, recycled, recovered or, when this is technically and economically impossible, disposed of while seeking to avoid or reduce any effect on the environment; use energy efficiently; take the necessary measures to prevent accidents and/or limit their consequences; when definitively ceasing operations, take the necessary measures to avoid any risk of pollution and return the site of operation to the satisfactory state.
IPPC permits shall be issued, updated and revoked by an institution authorised by the Minister of Environment.
The National Health Centre under the Ministry of Health shall coordinate IPPC applications and, within its remit, participate in determining IPPC permit conditions in performing the functions assigned thereto in the area of management of noise and odour control under the Law of the Republic of Lithuania on Public Health and the Law of the Republic of Lithuania on the Management of Noise in accordance with the procedure and within the time limits laid down in the IPPC Rules.
An institution authorised by the Minister of Environment shall give to the executive institution of a municipality a notice of the receipt of an application for an IPPC permit and the possibilities of making the application for an IPPC permit available to the public. Where the executive institution of the municipality has comments regarding the application for an IPPC permit, it shall, within seven working days from the receipt of the information referred to in this paragraph, submit the comments to the institution authorised by the Minister of Environment.
A decision to accept an application for an IPPC permit shall be adopted by the institution authorised by the Minister of Environment upon completing the procedures of making public and coordination of the received application for an IPPC permit in the presence of a decision of the body referred to in the fourth paragraph of this Article to coordinate the application for an IPPC permit or when the decision of this body to coordinate or not to coordinate the application for an IPPC permit has not been submitted within the time limit laid down in the IPPC Rules and upon establishing that the application contains all properly executed data and/or documents required to determine the terms and conditions of an IPPC permit.
A decision to accept an application for an IPPC permit or not to accept the application for an IPPC permit shall be adopted within 30 working days from the receipt of the application for an IPPC permit. If the operation of the installation may have a significant effect on the environment of another European Union Member State or if a European Union Member State which is likely to be significantly affected requests to provide information on the received application for an IPPC permit, the decision to accept the application for an IPPC permit or not to accept the application for an IPPC permit may be extended for a period of two months.
A decision not to accept an application for an IPPC permit shall be adopted if at least one of the following conditions is fulfilled:
1) the application for an IPPC permit does not meet the requirements stipulated in the IPPC Rules, the application for an IPPC permit contains incomplete or inappropriately executed data and/or documents or the application for an IPPC permit and/or other documents used to determine the terms and conditions of an IPPC permit contain incorrect information;
2) the previously issued IPPC permit has been revoked in the cases referred to in point 2 or 5 of the fourteenth paragraph of this Article and the reasons for the revocation of the IPPC permit have not been eliminated;
3) there is an effective judgment overturning a screening conclusion on environmental impact assessment or a decision regarding the proposed economic activity permitting the proposed economic activity at the selected location, where this conclusion or this decision is required for the issue or updating of the IPPC permit;
4) there is no screening conclusion on environmental impact assessment or a decision regarding the proposed economic activity permitting the proposed economic activity at the selected location, or this conclusion or decision is no longer valid, where this conclusion or this decision is required for the issue or updating of the IPPC permit, except in the cases when a construction permit, an authorisation to exploit subsurface resources or cavities or a permit specified in other laws has been issued for the period of validity of this decision or this screening conclusion.
A decision to issue or update an IPPC permit or a decision not to issue or to update the IPPC permit must be adopted by an institution authorised by the Minister of Environment not later than within 20 working days from the adoption of a decision to accept the application for an IPPC permit.
A decision not to issue or to update an IPPC permit shall be adopted if at least one of the following conditions is fulfilled:
1) following the adoption of a decision to accept the application for an IPPC permit, it is proved by lawful means that the application for an IPPC permit and/or other documents required to be submitted in accordance with the IPPC Rules for the issue or updating of the IPPC permit contain false information;
2) following the acceptance of an application for an IPPC permit a judgment has become effective overturning a screening conclusion on environmental impact assessment or a decision regarding the proposed economic activity permitting the proposed economic activity at the selected location, where this conclusion or this decision is required for the issue or updating of the IPPC permit;
3) a screening conclusion on environmental impact assessment or a decision regarding the proposed economic activity permitting the proposed economic activity at the selected location is no longer valid, where this conclusion or this decision is required for the issue or updating of the IPPC permit, except in the cases when a construction permit, an authorisation to exploit subsurface resources or cavities or a permit specified in other laws has been issued for the period of validity of this decision or this screening conclusion.
An IPPC permit must be updated if at least one of the following conditions is fulfilled:
1) a major change is being planned (i.e. it is planned to change the nature or functioning of an installation for which an IPPC permit has been granted (a part of the installation, two or more installations or parts of the installations) or it is planned to extend it, where such a change or extension may have significant adverse effects on human health or the environment, as stipulated by the Law of the Republic of Lithuania on Environmental Impact Assessment of the Proposed Economic Activity, or where such a change or extension is equal to or exceeds the capacity thresholds of the installation as specified in the IPPC Rules);
2) the issued IPPC permit contains the terms and conditions and time limits due to which the IPPC permit must be updated;
3) an institution authorised by the Minister of Environment establishes, in accordance with the procedure laid down in the IPPC Rules, that upon the entry into force of new requirements of European Union environmental legislation, the laws regulating environmental protection and their implementing legal acts, normative standards of environmental protection, standards of environmental protection, environmental quality standards or upon the change of such requirements, more stringent or additional terms and conditions of an IPPC permit must be stipulated or that it is possible to apply other emission reduction measures in accordance with the procedure laid down in the IPPC Rules.
In the cases referred to in the eleventh paragraph of this Article, a natural person or a legal person must, in accordance with the procedure laid down in the IPPC Rules, submit to an institution authorised by the Minister of Environment an application for the updating of an IPPC permit:
1) in the cases referred to in point 1 or 2 of the eleventh paragraph of this Article – on his/its own initiative, or
2) when the institution authorised by the Minister of Environment, while seeking to ensure compliance with the principles referred to in the second paragraph of this Article and conformity of the terms and conditions of the IPPC permit to requirements of legal acts, reviews the terms and conditions of the IPPC permit in accordance with the procedure laid down in the IPPC Rules, establishes that there is at least one of the conditions for the updating of the IPPC permit referred to in the eleventh paragraph of this Article and adopts a decision regarding the obligation to update the IPPC permit – upon the receipt of this decision. The natural person or the legal person shall be notified of this decision in writing within three working days from the adoption of the decision. Upon the receipt of the decision referred to in this point, the natural person or the legal person must, within the time limits specified in this decision, submit to the institution authorised by the Minister of Environment an application for the updating of the IPPC permit. The time limit for submitting the application must be not less than 20 working days.
If an institution authorised by the Minister of Environment, upon reviewing the terms and conditions of an IPPC permit, does not determine at least one of the conditions for the updating of the IPPC permit as stipulated in the eleventh paragraph of this Article, it shall adopt a decision not to update the IPPC permit. This decision shall be considered to be an integral part of the IPPC permit.
A decision to revoke an IPPC permit shall be adopted if at least one of the following conditions is fulfilled:
1) upon adopting a decision by an institution authorised by the Minister of Environment regarding the obligation to update the IPPC permit, the holder of the IPPC permit fails to submit an application for the updating of the IPPC permit in accordance with the procedure laid down in the IPPC Rules within the time limit specified in the decision;
2) it is proved by lawful means that the IPPC permit has been obtained and/or updated upon provision of false information on the basis whereof the terms and conditions of the IPPC permit have been determined;
3) at the request of the holder of the IPPC permit;
4) the legal person holding the IPPC permit has been liquidated, the natural person holding the IPPC permit has deceased, the court has declared him as incapacitated or of limited legal capacity in the area related to the operation of an installation referred to in the second paragraph of this Article (a part of the installation, two or more installations or parts of the installations) or has been declared missing, where the successor to the person’s rights fails, within six months from the emergence of the circumstances referred to in this point, to apply in accordance with the procedure laid down in the IPPC Rules for the adjustment of the formal data specified in the IPPC permit;
5) in the event of a failure to implement a resolution to discontinue environmentally harmful activities adopted in accordance with the procedure laid down by the Law of the Republic of Lithuania on State Control of Environmental Protection;
6) there is an effective judgment overturning a screening conclusion on environmental impact assessment or a decision regarding the proposed economic activity permitting the proposed economic activity at the selected location, where this conclusion or this decision is required for the issue of the IPPC permit.
Upon determining the circumstances referred to in points 1, 4 and 5 of the fourteenth paragraph of this Article, a natural person or a legal person shall, within three working days from the determination of the relevant circumstance and before the adoption of a decision to revoke an IPPC permit, be warned of the possible revocation of the IPPC permit and set a time limit of 20 working days within which the person must remedy the deficiencies. If the natural person or the legal person remedies the deficiencies within this time limit, the IPPC permit shall not be revoked. Upon determining the circumstances referred to in points 2, 3, and 6 of the fourteenth paragraph of this Article, the IPPC permit shall be revoked without giving a warning provided for in this paragraph. The natural person or the legal person shall be informed in writing about an adopted decision to revoke the IPPC permit within three working days from the adoption of the decision, unless the IPPC permit has been revoked upon determining the circumstances referred to in point 4 of the fourth paragraph of this Article, and the reasons for the revocation of the IPPC permit shall be indicated.”
Article 5. Amendment to Article 192
Article 192 shall be amended and set forth to read as follows:
“Article 192. Pollution permit
The Rules for the Issue, Updating and Revocation of Pollution Permits hereinafter: the ‘Pollution Permit Rules’) shall be approved by the Minister of Environment. These rules shall stipulate a procedure for drafting, submitting an application for the issue or updating of a pollution permit, making public, examining and accepting the received application carried out by an institution authorised by the Minister of Environment, drafting the pollution permit, issuing the pollution permit, reviewing the terms and conditions of the pollution permit, updating and revoking the pollution permit.
A natural person or a legal person shall have the right to operate an installation referred to in the Pollution Permit Rules (a part of the installation, two or more installations or parts of the installations) and operated or managed by this person by the right of ownership, rent, loan for use, trust or on other legal grounds solely subject to being in possession of a valid pollution permit and under the terms and conditions specified therein. The natural person or the legal person must operate the installation (a part of the installation, two or more installations or parts of the installations) in accordance with the following principles: take all the required preventive measures against pollution; cause no significant pollution; prevent the generation of waste and, where waste is generated, ensure, in accordance with the order of priorities of waste management as stipulated in the Law of the Republic of Lithuania on Waste Management, that it is prepared for re-use, recycled, recovered or, where that is technically and economically impossible, disposed of while seeking to avoid or reduce any effect on the environment; use energy efficiently; take the necessary measures to prevent accidents and/or limit their consequences.
A pollution permit to be issued may have one or more special parts determining environmental protection conditions for the operation of an installation according to a specific criterion stipulated by the Pollution Permit Rules, where the operation of the installation meeting such a criterion is subject to being in possession of the pollution permit. Pollution permits shall be issued, updated and revoked by an institution authorised by the Minister of Environment. A decision to accept an application for the issue or updating of a pollution permit shall be adopted by the institution authorised by the Minister of Environment upon establishing that the application meets the requirements specified in the Pollution Permit Rules, contains all properly executed data and/or documents required to determine the terms and conditions of a pollution permit.
A decision to accept an application for the issue or updating of a pollution permit or not to accept the application shall be adopted within 15 working days from the receipt of the application.
A decision not to accept an application for the issue or updating of a pollution permit shall be adopted if at least one of the following conditions is fulfilled:
1) the application does not meet the requirements stipulated in the Pollution Permit Rules, the application contains incomplete or inappropriately executed data and/or documents or the application and/or other documents used to determine the terms and conditions of a pollution permit contain incorrect information;
2) the previously issued pollution permit has been revoked in the cases referred to in point 2 or 5 of the eleventh paragraph of this Article and the reasons for the revocation of the pollution permit have not been eliminated;
3) there is an effective judgment overturning a screening conclusion on environmental impact assessment or a decision regarding the proposed economic activity permitting the proposed economic activity at the selected location, where this conclusion or this decision is required for the issue or updating of the pollution permit;
4) there is no screening conclusion on environmental impact assessment or a decision regarding the proposed economic activity permitting the proposed economic activity at the selected location, or this conclusion or decision is no longer valid, where this conclusion or this decision is required for the issue or updating of the pollution permit, except in the cases when a construction permit, an authorisation to exploit subsurface resources or cavities or a permit specified in other laws has been issued for the period of validity of this decision or this screening conclusion.
A decision to issue or update a pollution permit or a decision not to issue or update the pollution permit must be adopted by an institution authorised by the Minister of Environment not later than within 20 working days from the adoption of a decision to accept an application for the issue or updating of a pollution permit.
A decision not to issue or update a pollution permit shall be adopted if at least one of the following conditions is fulfilled:
1) following the adoption of a decision to accept an application to issue or update a pollution permit, it is proved by lawful means that the application to issue or update a pollution permit and/or other documents required to be submitted in accordance with the Pollution Permit Rules for the issue or updating of the pollution permit contain false information;
2) following the acceptance of an application to issue or update a pollution permit a judgment has become effective overturning a screening conclusion on environmental impact assessment or a decision regarding the proposed economic activity permitting the proposed economic activity at the selected location, where this conclusion or this decision is required for the issue or updating of the pollution permit;
3) a screening conclusion on environmental impact assessment or a decision regarding the proposed economic activity permitting the proposed economic activity at the selected location is no longer valid, where this conclusion or this decision is required for the issue or updating of the pollution permit, except in the cases when a construction permit, an authorisation to exploit subsurface resources or cavities or a permit specified in other laws has been issued for the period of validity of this decision or this screening conclusion.
A pollution permit must be updated if at least one of the following conditions is fulfilled:
1) it is planned to change the nature or functioning of an installation referred to in the Pollution Permit Rules (a part of the installation, two or more installations or parts of the installations) or it is planned to extend it, where such a change or extension may have significant adverse effects on human health or the environment, as stipulated by the Law of the Republic of Lithuania on Environmental Impact Assessment of the Proposed Economic Activity, or where the obligation to have another special part/parts of the pollution permit emerges as a result of such a change or extension;
2) an institution authorised by the Minister of Environment establishes, in accordance with the procedure laid down in the Pollution Permit Rules, that upon the entry into force of new requirements of European Union environmental legislation, the laws regulating environmental protection and their implementing legal acts, normative standards of environmental protection, standards of environmental protection, environmental quality standards or upon change of such requirements, more stringent or additional terms and conditions of a pollution permit must be stipulated or that it is possible to apply other emission reduction measures in accordance with the procedure laid down in the Pollution Permit Rules.
3) at the request of a natural person or a legal person, where due to a change in activity the obligation to have a relevant special part/parts of the pollution permit is lifted.
In the cases referred to in the eighth paragraph of this Article, a natural person or a legal person must, in accordance with the procedure laid down in the Pollution Permit Rules, submit to an institution authorised by the Minister of Environment an application for the updating of a pollution permit:
1) in the cases referred to in point 1 or 2 of the eighth paragraph of this Article – on his/its own initiative, or
2) when the institution authorised by the Minister of Environment, while seeking to ensure compliance with the principles referred to in the second paragraph of this Article and conformity of the terms and conditions of the pollution permit to requirements of legal acts, reviews the terms and conditions of the pollution permit in accordance with the procedure laid down in the Pollution Permit Rules, establishes that there is at least one of the conditions for the updating of the pollution permit referred to in the eighth paragraph of this Article and adopts a decision regarding the obligation to update the pollution permit – upon the receipt of this decision. The natural person or the legal person shall be notified of this decision in writing within three working days from the adoption of the decision. Upon the receipt of the decision referred to in this point, the natural person or the legal person must, within the time limits specified in this decision, submit to the institution authorised by the Minister of Environment an application for the updating of the pollution permit. The time limit for submitting the application must be not less than 20 working days.
If an institution authorised by the Minister of Environment, upon reviewing the terms and conditions of a pollution permit, does not determine at least one of the conditions for the updating of the pollution permit as stipulated in the eighth paragraph of this Article, it shall adopt a decision not to update the pollution permit. This decision shall be considered to be an integral part of the pollution permit.
A decision to revoke a pollution permit shall be adopted if at least one of the following conditions is fulfilled:
1) upon adopting a decision by an institution authorised by the Minister of Environment regarding the obligation to update the pollution permit, the holder of the pollution permit fails to submit an application for the updating of the pollution permit within the time limit specified in the decision and in accordance with the procedure laid down in the Pollution Permit Rules;
2) it is proved by lawful means that the pollution permit has been obtained and/or updated upon provision of false information on the basis whereof the terms and conditions of the pollution permit have been determined;
3) at the request of the holder of the pollution permit;
4) the legal person holding the pollution permit has been liquidated, the natural person holding the pollution permit has deceased, the court has declared him as incapacitated or of limited legal capacity in the area related to the operation of an installation referred to in the second paragraph of this Article (a part of the installation, two or more installations or parts of the installations) or has been declared missing, where the successor to the person’s rights fails, within six months from the emergence of the circumstances referred to in this point, to apply in accordance with the procedure laid down in the Pollution Permit Rules for the adjustment of the formal data specified in the pollution permit;
5) in the event of a failure to implement a resolution to discontinue environmentally harmful activities adopted in accordance with the procedure laid down by the Law of the Republic of Lithuania on State Control of Environmental Protection;
6) there is an effective judgment overturning a screening conclusion on environmental impact assessment or a decision regarding the proposed economic activity permitting the proposed economic activity at the selected location, where this conclusion or this decision is required for the issue of the pollution permit.
Upon determining the circumstances referred to in points 1, 4 and 5 of the eleventh paragraph of this Article, a natural person or a legal person shall, within three working days from the determination of the relevant circumstance and before the adoption of a decision to revoke a pollution permit, be warned of the possible revocation of the pollution permit and set a time limit of 20 working days within which the person must remedy the deficiencies. If the natural person or the legal person remedies the deficiencies within this time limit, the pollution permit shall not be revoked. Upon determining the circumstances referred to in points 2, 3 and 6 of the eleventh paragraph of this Article, the pollution permit shall be revoked without giving a warning provided for in this paragraph. The natural person or the legal person shall be informed in writing about an adopted decision to revoke the pollution permit within three working days from the adoption of the decision, unless the pollution permit has been revoked upon determining the circumstances referred to in point 4 of the eleventh paragraph of this Article, and the reasons for the revocation of the pollution permit shall be indicated.”
Article 6. Supplementation of the Law with Article 193
The Law shall be supplemented with Article 193 as follows:
“Article 193. Registration of installations
An installation using organic solvents (hereinafter: an ‘installation’) shall be understood in this Article as a stationary technical unit where one or more activities listed in the Rules for the Limitation of Emissions of Volatile Organic Compounds from Certain Activities Operated within Installations and Registration of the Installations as approved by the Minister of Environment (hereinafter: the ‘VOC Rules’) are carried out and any other directly associated activities which have a technical connection with the activities carried out on that site and which result in emissions of volatile organic compounds, where the consumed amount of organic solvent complies with the value set out in the VOC Rules. These Rules stipulate a procedure for registering the installations, providing and adjusting registration data and removing the installations from the register.
The installations which may be operated without an integrated pollution prevention and control permit referred to in point 23 of Article 1 of this Law or a pollution permit referred to in point 24 of Article 1 of this Law must be registered.
The installations shall be registered, the registration data shall be adjusted and the installations shall be removed from the register by an institution authorised by the Minister of Environment.
In order to register an installation, a natural person or a legal person must submit to the institution authorised by the Minister of Environment the installation’s registration data specified in the VOC Rules. It shall be prohibited to operate an installation removed from the register.
A natural person or a legal person shall acquire the right to operate an installation complying with the VOC Rules on the next day after submission of the installation’s registration data to an institution authorised by the Minister of Environment or from the date specified in the submission form for the installation’s registration data, if this date is later than the next day after submission of the installation’s registration data to the institution authorised by the Minister of Environment.
An institution authorised by the Minister of Environment shall publish on its website a list of registered installations and available installation registration data.
An installation’s registration data must be adjusted if at least one of the following conditions is fulfilled:
1) a major change in the installation is being planned (i.e. it is planned to increase the amount of organic solvents consumed by the installation in such a way that the volume of volatile organic compound emissions would increase above the percentage specified in the VOC Rules) and/or it is planned to change the activity carried out within this installation as referred to in the VOC Rules;
2) upon performing the assessment of the operational compliance of the installation with the requirements of the VOC rules, it is determined that it is necessary to set stricter or additional operating conditions of the installation or to ensure compliance with a new or updated normative standard of environmental protection or standard of environmental protection and/or conformity with the new or updated environmental quality standard;
3) it is determined that the installation’s registration data submitted by a natural person or a legal person or the submitted adjusted registration data of the installation are inaccurate, incomplete or false, but these deficiencies are not such as to recognise that the installation is not required to be registered.
When the circumstances indicated in the seventh paragraph of this Article are determined by an institution authorised by the Minister of Environment in accordance with the procedure established in the VOC Rules, it shall inform a natural person or a legal person in writing of the obligation to adjust an installation’s registration data and set a reasonable time limit for the submission of adjusted data. When the circumstances indicated in the seventh paragraph of this Article are determined by the natural person or the legal person, he must, in accordance with the procedure and under the terms and conditions specified in the VOC Rules, submit to the institution authorised by the Minister of Environment the adjusted registration data of the installation.
An institution authorised by the Minister of Environment shall remove an installation from the register if at least one of the following conditions is fulfilled:
1) at the request of a natural person or a legal person submitting the installation’s registration data, if the obligation of the registration of the installation is lifted due to a change of activity;
2) in the event of a failure to implement a resolution to discontinue environmentally harmful activities adopted in accordance with the procedure laid down by the Law of the Republic of Lithuania on State Control of Environmental Protection;
3) the legal person submitting the installation’s registration data has been liquidated, the natural person submitting the installation’s registration data has deceased or the court has declared him as incapacitated or of limited legal capacity in the area related to the operation of the installation or has been declared missing, where the successor to the person’s rights fails, within six months from the emergence of the circumstances referred to in this point, to apply for the adjustment of the registration data;
3) it transpires that the installation’s registration data submitted by a natural person or a legal person and/or the adjusted registration data of the installation are such as to recognise that the installation is not required to be registered;
5) a natural person or a legal person has failed, in the cases indicated in the eighth paragraph of this Article, to submit adjusted registration data of the installation within the time limit laid down by an institution authorised by the Minister of Environment.”
Article 7. Amendment to Article 55
1. The title of Article 55 shall be amended and set forth to read as follows:
2. The third paragraph of Article 55 shall be amended and set forth to read as follows:
“The pursuit of economic or other activities, the use of objects in the absence of a pollution permit or without registration of an installation, where such a permit is required by legal acts or such an installation is required by legal acts to be registered, shall be subject to a fine in the amount from six hundred euros up to one thousand four hundred euros.”
3. The fifth paragraph of Article 55 shall be amended and set forth to read as follows:
“The pursuit of economic or other activities, the use of objects while failing to comply with the terms and conditions specified in a permit referred to in paragraph 1 or 3 of this Article (except for requirements for the submission of a programme for environmental monitoring of an economic entity to competent authorities in accordance with the procedure established by legal acts, requirements for pollutant emissions into the environment in excess of the normative standards for pollutant emissions specified in an integrated pollution prevention and control permit or a pollution permit and requirements for water extraction in excess of the amount of extracted water specified in the integrated pollution prevention and control permit or the pollution permit) or failing to comply with the requirements specified for a registered installation shall, following a written warning of a breach, be subject to a fine in the amount from one hundred and fifty euros up to six hundred euros.”
Article 8. Amendment to the Annex to the Law
The Annex to the Law shall be supplemented with point 5 as follows:
“5. Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ 2015 L 313, p. 1).”
Article 9. Entry into force and implementation of the Law
2. The Minister of Environment of the Republic of Lithuania shall, by 31 December 2017, adopt legal acts implementing this Law.
3. Based on applications for the issue or updating of an integrated pollution prevention and control permit or a pollution permit accepted prior to the entry into force of this Law, pollution prevention and control permits or pollution permits shall be issued or updated in accordance with the requirements applicable prior to the entry into force of this Law.
4. If an integrated pollution prevention and control permit was issued until 1 July 2014 for the operation of the installation referred to in the second paragraph of Article 192 of the Law of the Republic of Lithuania on Environmental Protection (a part of the installation, two or more installations or parts of the installations), the permit must be updated within four years from the entry into force of this Law with a pollution permit confirming to requirements of the Rules for the Issuance, Updating and Revocation of Pollution Permits referred to in Article 192 of the Law of the Republic of Lithuania on Environmental Protection (hereinafter: the ‘Pollution Permit Rules’) and containing the relevant special parts. The updating of the integrated pollution prevention and control permit with the pollution permit shall be initiated by an institution authorised by the Minister of Environment, which, based on data of the integrated pollution prevention and control permit and the data received from a natural person or a legal person referred to in Article 192 of the Law of the Republic of Lithuania on Environmental Protection and submitted in accordance with the procedure established by this institution, draft a pollution permit in accordance with requirements of the Pollution Permit Rules and familiarise with the draft pollution permit the natural person or the legal person referred to in Article 192 of the Law of the Republic of Lithuania on Environmental Protection. An institution authorised by the Minister of Environment shall, having received in accordance with the procedure and within the time limits established by it a written confirmation from a natural person or a legal person referred to in Article 192 of the Law of the Republic of Lithuania on Environmental Protection that the activity being pursued remains unchanged and confirms to the environmental protection conditions for the operation of an installation (a part of the installation, two or more installations or parts of the installations) specified in a draft pollution permit, issue the pollution permit free of charge.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.