Article 1. Amendment to Article 15

Article 15 shall be amended as follows:

‘Article 15. Planning of the economic activity likely to affect the environment and issue of permits

The organiser (developer) of the proposed economic activity intending to pursue an economic activity subject to the procedures prescribed by the Law of the Republic of Lithuania on Environmental Impact Assessment of the Proposed Economic Activity shall complete these procedures prior to the issue of the permit referred to in the third paragraph of this Article.

State institutions and the executive institution of a municipality participating, in accordance with the procedure laid down by laws, in the process of environmental impact assessment of the proposed economic activity (hereinafter in this Article: ‘environmental impact assessment’) or in the process of screening for environmental impact assessment of the proposed economic activity (hereinafter in this Article: ‘screening’) shall, in accordance with the procedure laid down by laws, assess submitted documents of environmental impact assessment and, within their remit, submit conclusions or a reasoned decision on the environmental impact assessment of the proposed economic activity or submit proposals regarding the screening information and/or the environmental impact assessment of the proposed economic activity.

The permits stipulated by laws (a construction permit, an authorisation to exploit subsurface resources or cavities, an integrated pollution prevention and control permit, a pollution permit and the permits specified by other laws) the issue whereof is subject to the obligation to submit, together with an application filed with the issuing authority, a decision of the competent authority regarding the environmental impact of the proposed economic activity according to which the proposed economic activity meets the requirements set out by legal acts (hereinafter in this Article: a ‘decision’) or a conclusion of a screening for environmental impact assessment that environmental impact assessment is not obligatory (hereinafter in this Article: a ‘screening conclusion’), with the exception of the cases when the integrated pollution prevention and control permit or the pollution permit is updated for reasons not related to the change to or extension of an installation in operation or the economic activity pursued therein, may be issued only subject to a valid decision of the competent authority or the screening conclusion. Where no permits specified by laws are required for the pursuit of the proposed economic activity, the economic activity may be commenced only upon the receipt of the decision or the screening conclusion.

Where a natural person, a legal person or a division thereof (including a foreign legal person or another organisation as well as a division thereof) (hereinafter in this Article, Articles 19, 19¹, 19² and 19³ of this Law: a ‘natural or legal person’) holds a valid construction permit or an authorisation to exploit subsurface resources or cavities issued during the period of validity of a decision or a screening conclusion by issuing an integrated pollution prevention and control permit, a pollution permit or another permit under which the economic activity indicated in the decision or the screening conclusion will be pursued, the provisions of the third paragraph of this Article shall not apply. The permits referred to in the third paragraph of this Article must comply with the conditions set out in the decision and the size and characteristics of the economic activity indicated in the decision and/or the screening conclusion, the measures provided in order to reduce and/or offset significant adverse effects on the environment, which must be implemented at a specific stage.

A natural or legal person planning, pursuing or completing economic activities must ensure the implementation of the conditions specified in a decision, of the measures specified in a decision and/or a screening conclusion in order to reduce and/or offset significant adverse effects on the environment during the stages of preparation for the pursuit of economic activities and/or the pursuit of economic activities and/or completion of economic activities.

A natural or legal person preparing the design documentation for the structures wherein the economic activity likely to affect the environment is to be pursued as specified in the Law of the Republic of Lithuania on Construction must envisage in a structure’s design documentation measures for the rational utilisation of natural resources, design measures to avoid significant adverse effects on the environment, to prevent, reduce and, if possible, to compensate for the effects and must follow the decision or the screening conclusion referred to in the third paragraph of this Article.

State institutions and the executive institution of a municipality which have examined environmental impact assessment documents or information for screening and are specified in the Law on Construction, when verifying the compliance of the design documentation of the construction or reconstruction of structures wherein the economic activity subject to an environmental impact assessment or a screening will be pursued, shall, within their remit, verify whether the conditions determined in the decision will be implemented and whether the measures provided for in the decision and/or the conclusion in order to reduce and/or compensate for significant adverse effects on the environment, if such must be implemented at a specific stage of construction, will be designed. In addition, the institution authorised by the Minister of Environment shall verify that the design documentation of the construction or reconstruction of the structures wherein the economic activity in respect whereof an environmental impact assessment or a screening has been carried out will be pursued:

1) correspond to the size and characteristics of the economic activity as set out in the decision or the screening conclusion;

2) whether the period of validity of the decision or the screening conclusion has not expired;

3) whether the design documentation of a structure complies with the requirements of environmental legislation.’

Article 2. Amendment to Article 19

1. Article 19(1) shall be amended as follows:

‘Prior to commencing the operation of an object of economic activities and pursuit of economic activities, a natural or legal person must, in the cases specified by 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. The natural or legal person must, in accordance with the procedure laid down by the Minister of Environment, notify an institution authorised by the Minister of Environment about the planned commencement of operation of the object of economic activities which has been issued the integrated pollution prevention and control permit or the pollution permit and pursuit of economic activities. Before the natural or legal person commences the operation of the object of economic activities and pursuit of economic activities, an institution authorised by the Minister of Environment shall, in accordance with the procedure laid down by the Minister of Environment, verify whether the conditions, as set out in the permit, which must be fulfilled prior to the commencement of the pursuit of economic activities have been fulfilled in the object of economic activities. The operation of the object of economic activities and/or the pursuit of economic activities may be commenced only after the institution authorised by the Minister of Environment, in accordance with the procedure laid down by the Minister of Environment, ascertains that the object of economic activities meets these conditions. Such verification shall not have the effect of reducing the responsibility of the natural or legal person in respect of compliance with the conditions set out in the permit.’

2. Article 19(2) shall be amended as follows:

‘A legal or natural person operating an object of economic activities or pursuing the economic activities subject to a permit must comply with the conditions set out in the permit and the normative standards of environmental protection and standards of environmental protection specified for the operation of such objects and/or pursuit of the economic activities. While pursuing the economic activities specified in the permit, solid substances (by-products referred to in the Law of the Republic of Lithuania on Waste Management, waste, raw materials and products) may be placed outside the territory wherein the economic activity specified in the permit is pursued only in the cases, in the amounts and in the ways provided for in the conditions of the permit and/or normative standards of environmental protection and standards of environmental protection.’

3. Article 19(5) shall be amended as follows:

‘A legal or natural person operating an object of economic activities or pursuing the economic activities not subject to a permit must comply with the conditions set out in the permit and the normative standards of environmental protection and standards of environmental protection specified for the operation of such objects and/or pursuit of the economic activities.

Article 3. Amendment to Article 19¹

Article 19¹ shall be amended as follows:

‘Article 19¹. Integrated pollution prevention and control permit

The Rules for the Issue, Updating and Revocation of Integrated Pollution Prevention and Control Permits (hereinafter: the ‘IPPC Rules’) shall be approved by the Minister of Environment upon coordination with the Minister of Health. The IPPC Rules shall stipulate a procedure for drafting, filed an application for the issue or the updating of an integrated pollution prevention and control permit (hereinafter: an ‘application for an IPPC permit’), making public, examining, coordinating and accepting the received application for an IPPC permit as carried out by an institution authorised by the Minister of Environment, drafting the integrated pollution prevention and control permit (hereinafter in this Article: an ‘IPPC permit’) , issuing the IPPC permit, reconsidering the 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 taking of a decision to issue the IPPC permit, a procedure for providing information to the public of another European Union Member State.

A natural or legal person shall have the right to operate an installation (a part of the installation, two or more installations or parts of the installations) referred to in the IPPC Rules 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 or legal person must operate the installation (the part of the installation, two or more installations or parts of the installations) referred to in the IPPC Rules in accordance with the following principles: take all the required preventive measures against pollution and odours; apply the best available production techniques as defined by the Minister of Environment upon coordination with the Minister of Agriculture and the Minister of the Economy and Innovation; 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 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 discontinuing economic activities, 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 Public Health Centre under the Ministry of Health (hereinafter: the ‘National Public Health Centre’) shall coordinate applications for an IPPC permit and, within its remit, determine and reconsider the conditions of an IPPC permit in performing the functions assigned to it under the Law of the Republic of Lithuania on Public Health and the Law of the Republic of Lithuania on Noise Management in the area of noise and odour management 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 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 taken by an 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 National Public Health Centre determining noise and odour management conditions for the IPPC permit, where such conditions must be determined, or when this decision or a decision 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 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 taken 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 the application for an IPPC permit shall be taken if at least one of the following conditions is fulfilled:

1) the application for an IPPC permit does not meet the requirements set out 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 set out the conditions of an IPPC permit contain(s) incorrect information;

2) the previously issued IPPC permit has been revoked in the cases referred to in point 5 or 8 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 mandatory for the issue or the 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 this decision ceases to be valid, where this conclusion or this decision is mandatory for the issue or the 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;

5) the application for an IPPC permit concerns an economic activity which is prohibited by law;

6) the application for an IPPC permit concerns an installation (a part of the installation, two or more installations or parts of the installations) or a substantial change to the installation referred to in the eleventh paragraph of this Article, where it has been established in accordance with the procedure laid down in the Law of the Republic of Lithuania on State Control of Environmental Protection that the installation (the part of the installation, two or more installations or parts of the installations) is already in operation or the substantial change to the installation has been carried out unlawfully and the infringement has not been brought to an end or the infringements detected, in accordance with the procedure laid down in the Law on State Control of Environmental Protection, in the installation (the part of the installation, two or more installations or parts of the installations) in respect whereof the application for an IPPC permit has been filed have not been brought to an end and/or consequences of the infringements have not been remedied;

7) the application does not provide for measures for the implementation of the conditions and measures to reduce and/or compensate for the significant adverse effect on the environment as specified in a decision regarding the environmental impact of the proposed economic activity, where they are to be implemented prior to the commencement of the economic activity, or for the implementation of the measures to reduce and/or compensate for the significant adverse effect on the environmental as specified in a conclusion of the screening for environmental impact assessment that environmental impact assessment is not obligatory, where they are to be implemented prior to the commencement of the economic activity;

8) a natural person, at the time of submission of the application, operates or operated an object of economic activities or an installation in respect whereof the pollution permit has been revoked on the grounds specified in point 9 of the eleventh paragraph of this Article and less than five years have lapsed from the revocation of the previously held pollution permit or the manager of a legal person at the time of submission of the application is or was the manager of a legal person which is or was operating the object or the installation in respect whereof the pollution permit has been revoked on the grounds specified in point 9 of the eleventh paragraph of this Article at the time of submission of the application and less than five years have lapsed from the revocation of the previously held pollution permit.

A decision to issue or update an IPPC permit or a decision not to issue or to update the IPPC permit must be taken by an institution authorised by the Minister of Environment not later than within 20 working days from the taking of the decision to accept an application for an IPPC permit.

A decision not to issue or to update an IPPC permit shall be taken if at least one of the following conditions is fulfilled:

1) following the taking of a decision to accept an application for an IPPC permit, it is established 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 the updating of the IPPC permit contain incorrect information on the basis whereof the conditions of the IPPC permit are to be determined;

2) following the taking of a decision to accept 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 mandatory for the issue or the updating of the IPPC permit;

3) a screening conclusion on environmental impact assessment or a decision on the proposed economic activity permitting the proposed economic activity at the selected location ceases to be valid, where this conclusion or this decision is mandatory for the issue or the updating of the IPPC permit, except for the cases where a construction permit, an authorisation permit 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;

4) following the taking of a decision to accept an application for an IPPC permit, it transpires that the application for an IPPC permit concerns an economic activity which is prohibited by law;

5) following the taking of a decision to accept an application for an IPPC permit, where the application for an IPPC permit concerns a new installation or substantial change to an installation referred to in the eleventh paragraph of this Article, it transpires that it has been established in accordance with the procedure laid down in the Law on State Control of Environmental Protection that the economic activity is already being pursued or the change of the economic activity has already been carried out unlawfully and the infringement has not been brought to an end.

A natural or legal person wishing to make a substantial change in the nature or functioning of an installation which has been issued an IPPC permit (i.e. to change the nature or functioning of the installation (a part of the installation, two or more installations or parts of the installations) or to extend it, where such a change or extension may have a significant adverse effect on human health or the environment as specified in the Law on Environmental Impact Assessment of the Proposed Economic Activity or where such a change or extension conforms to or exceeds the capacity limits of an installation as specified in the IPPC Rules) must apply for the updating of the IPPC permit. In order for the IPPC permit to specify the conditions related to the planned substantial change to the installation, the natural or legal person must, in accordance with the procedure laid down in the IPPC Rules, file with an institution authorised by the Minister of Environment an application for the updating of an IPPC permit. Where the planned change is not substantial, the natural or legal person must, in accordance with the procedure laid down in the IPPC Rules, notify in writing the institution authorised by the Minister of Environment about the planned changes in the nature or functioning or extension of the installation which may affect the environment, and the institution authorised by the Minister of Environment shall assess whether the changes are possible and take a decision on the need to update the permit conditions or the permit itself.

In order to ensure compliance with the principles referred to in the second paragraph of this Article and conformity of an IPPC permit conditions to the requirements of legal acts, an institution authorised by the Minister of Environment shall, in accordance with the procedure laid down in the IPPC Rules, reconsider the conditions of the IPPC permit and, upon detecting the emergence of at least one of the conditions of the IPPC permit updating referred to in this paragraph has emerged or upon receiving a notification from the National Public Health Centre that the IPPC permit conditions must be updated for the reasons referred to in points 3 and 4 of this paragraph, shall take a decision on the obligation to update the IPPC permit. A natural or legal person shall be notified of this decision in writing within three working days from the taking of the decision. Upon the receipt of the decision referred to in this point, the natural or legal person must, within the time limits specified in this decision, file with the institution authorised by the Minister of Environment an application for the updating of the IPPC permit. A time limit for filing the application must not be less than 20 working days, and in the cases referred to in points 4 and 5 of this paragraph – not less than 20 working days and not longer than 30 working days. The IPPC permit must be updated if at least one of the following conditions is fulfilled:

1) the issued IPPC permit contains the conditions and time limits due to which the IPPC permit must be updated;

2) the 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 governing environmental protection and their implementing legal acts, normative standards of environmental protection, standards of environmental protection, environmental quality standards or in the event of changes in such requirements, more stringent or additional conditions of an IPPC permit must be determined;

3) the National Public Health Centre, in performing the functions assigned to it by the Law on Public Health in the area of odour management, establishes that, in the event of amendment or entry into force of new legal acts governing public health, the pollution permit must determine more stringent or additional odour management conditions or other odour reduction measures must be applied;

4) the National Public Health Centre, in performing the functions in the area of noise and odour management assigned to it by the Law on Public Health and the Law on the Management of Noise, establishes twice a year that the natural or legal person has infringed the conditions of noise or odour management contained in the IPPC permit and submits a decision that the prevention of such infringements requires more stringent or additional conditions of the IPPC permit;

5) the natural or legal person violates, twice a year, the conditions of the IPPC permit relating to non-permitted introduction of pollutants into the environment, waste generation, storage or treatment or unlawful utilisation of natural resources, where the prevention of such violations requires more stringent or additional conditions of the IPPC permit;

6) the results of environmental monitoring or state control of environmental protection show that the pollution permitted by an installation has a significant adverse effect on the environment, therefore the emission limit values as specified in the IPPC permit need to be revised or to new limit values need to be included in the IPPC permit;

7) the existing production method does not ensure safe operation of an installation, therefore other production methods must be used for safe operation of the installation;

8) where the conditions of the permit do not conform to the modified or new best available production techniques applicable to an installation or are insufficient.

If an institution authorised by the Minister of Environment, upon reconsidering the conditions of an IPPC permit, does not detect at least one of the conditions for updating an IPPC permit as specified in the twelfth paragraph of this Article, it shall, in accordance with the procedure laid down in the IPPC Rules, take 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 taken if at least one of the following conditions is fulfilled:

1) at the request of the holder of the IPPC permit;

2) an institution authorised by the Minister of Environment takes, in accordance with the procedure laid down in the twelfth paragraph of this Article, a decision regarding the obligation to update the IPPC permit, the holder of the IPPC permit fails to file an application, conforming to the requirements set out in this decision, for the updating of the IPPC permit within the time limit set in the decision and in accordance with the procedure laid down in the IPPC Rules;

3) an institution authorised by the Minister of Environment having taken a decision not to accept an application for an IPPC permit in the case specified in point 1 of the eighth paragraph of this Article, the holder of the IPPC permit fails to file a revised application for an IPPC permit within a time limit set by the institution authorised by the Minister of Environment, where this is required in accordance with the conditions referred to in points 2, 3, 6, 7 and 8 of the twelfth paragraph of this Article;

4) an institution authorised by the Minister of Environment having taken a decision not to accept an application for an IPPC permit in the case specified in point 1 of the eighth paragraph of this Article, the holder of the IPPC permit fails to file a revised application for an IPPC permit within 20 working days, where this is required in accordance with the conditions referred to in points 4 and 5 of the twelfth paragraph of this Article;

5) it is proved by lawful means that the IPPC permit has been issued and/or updated upon provision of false information on the basis whereof the conditions of the IPPC permit have been determined;

6) the legal person holding the IPPC permit has been liquidated, the natural person holding the IPPC permit has deceased, the court has declared him incapacitated or of limited legal capacity in the area related to the operation of an installation (a part of the installation, two or more installations or parts of the installations) referred to in the second paragraph of this Article or has 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;

7) upon completing the reform or reorganisation of a legal person, the successor to the legal 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 contained in the IPPC permit;

8) 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 mandatory for the issue of the IPPC permit.

9) in accordance with the procedure laid down in the Law on State Control of Environmental Protection, it is established three times a year that the permitted pollution (levels and/or concentration), waste generation and storage normative standards as specified in the IPPC permit are exceeded, except for the cases which are considered minor infringements of requirements of legal acts under the Law of the Republic of Lithuania on Public Administration or where such an infringement of conditions of the IPPC permit is not brought to an end for a period exceeding six months from the detection of the infringement, with the exception of the cases when a mandatory instruction sets a longer time limit for the infringement to be brought to an end than the one referred to in this point or the National Public Health Centre, in performing its functions in the area of noise and odour management assigned to it by the Law on Public Health, detects three times a year infringements of the conditions of the IPPC permit relating to the exceedance of noise or odour norms, unless such revocation of the IPPC permit could cause more significant harm to the public interest (disruption of public water supply, waste water management, district heating or electricity supply, mixed municipal waste management) than the effects of continuing economic activities;

10) a mandatory instruction to suspend the operation of an installation or a part of the installation or to suspend the pursuit of activities given in accordance with the procedure laid down in the Law on State Control of Environmental Protection has not been complied with.

Upon detecting the circumstances referred to in points 2, 3, 4, 6, 7, 8 and 10 of the fourteenth paragraph of this Article, a natural or legal person shall, within three working days from the detection of the relevant circumstance and before the taking of a decision to revoke an IPPC permit, be warned of the possible revocation of the IPPC permit. In the cases referred to in points 2, 3, 4, 7 and 10 of the fourteenth paragraph of this Article, a time limit of 20 working days shall be set, and in the case referred to in point 8 of the fourteenth paragraph of this Article – a time limit of 6 months within which the person must remedy the deficiencies. If the natural or legal person remedies the deficiencies within this time limit, the IPPC permit shall not be revoked. Upon detecting the circumstances referred to in points 1, 5, and 9 of the fourteenth paragraph of this Article, the IPPC permit shall be revoked without giving a warning provided for in this paragraph. The natural or legal person shall be informed in writing about a taken decision to revoke the IPPC permit within three working days from the taking of the decision, with the exception of the cases when the IPPC permit has been revoked upon detecting the circumstances referred to in point 6 of the fourteenth paragraph of this Article, and the reasons for the revocation of the IPPC permit shall be indicated.’ Upon revoking the IPPC permit, the natural or legal person (economic operator) must safely discontinue the operation of an installation and implement the necessary measures required to prevent any adverse effect on the environment and threat of environmental damage.’

Article 4. Amendment to Article 19²

Article 19² shall be amended 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 upon coordination with the Minister of Health. These rules shall stipulate a procedure for drafting, filing an application for the issue or the 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, reconsidering the conditions of the pollution permit, updating and revoking the pollution permit.

A natural or legal person shall have the right to operate an installation (a part of the installation, two or more installations or parts of the installations) referred to in the Pollution Permit Rules 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 conditions specified therein. The natural or legal person must operate the installation (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 and odours; 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 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 may have one or more special parts determining environmental protection conditions for the operation of an installation according to a specific criterion specified 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 the updating of a pollution permit shall be taken by the institution authorised by the Minister of Environment upon evaluating the received application and establishing that it meets the requirements set out in the Pollution Permit Rules, contains all properly executed data and/or documents required to determine the conditions of the pollution permit. In the cases, in accordance with the procedure and within the time limits laid down in the Pollution Permit Rules, the Public Health Care Centre shall, in performing the functions assigned to it by the Law on Public Health in the area of odour management, coordinate applications, determine and reconsider, within its remit, the odour management conditions set out in the pollution permit.

A decision to accept an application for the issue or the updating of a pollution permit or not to accept the application shall be taken within 15 working days from the receipt of the application.

A decision not to accept an application for the issue or the updating of a pollution permit shall be taken if at least one of the following conditions is fulfilled:

1) the application does not meet the requirements set out 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 conditions of a pollution permit contain incorrect information;

2) the previously issued pollution permit has been revoked in the cases referred to in point 5 or 8 of the eleventh paragraph of this Article and the reasons for the revocation of the pollution permit have not been eliminated;

4) there is no screening conclusion on environmental impact assessment or no 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 mandatory for the issue or the 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;

5) the application concerns an economic activity which is prohibited by law;

6) the application concerns the operation of an installation (a part of the installation, two or more installations or parts of the installations) or a change to the installation referred to in the eighth paragraph of this Article, where it has been established in accordance with the procedure laid down in the Law on State Control of Environmental Protection that the installation (the part of the installation, two or more installations or parts of the installations) is already in operation or the change to the installation has been carried out unlawfully and the infringement has not been brought to an end or the infringements detected, in accordance with the procedure laid down in the Law on State Control of Environmental Protection, in the installation (the part of the installation, two or more installations or parts of the installations) in respect whereof the application has been filed have not been brought to an end and/or consequences of the infringements have not been remedied;

A decision to issue or to update a pollution permit or a decision not to issue or to update a pollution permit must be taken by an institution authorised by the Minister of Environment not later than within 20 working days from the taking of a decision to accept an application for the issue or the updating of a pollution permit.

A decision not to issue or to update a pollution permit shall be taken if at least one of the following conditions is fulfilled:

1) following the taking of a decision to accept an application for the issue or the updating of a pollution permit, it is established that the application for the issue or the updating of a pollution permit and/or other documents required to be submitted in accordance with the Pollution Permit Rules for the issue or the updating of the pollution permit contain incorrect information on the basis whereof the conditions of the pollution permit are to be determined;

2) following the taking of a decision to accept an application for the issue or the updating of 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 mandatory for the issue or the updating of the pollution permit;

3) a screening conclusion on environmental impact assessment or a decision on the proposed economic activity permitting the proposed economic activity at the selected location ceases to be valid, where this conclusion or this decision is mandatory for the issue or the updating of the pollution permit, except for the cases where a construction permit, an authorisation permit 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;

4) following the taking of a decision to accept an application for the issue of a pollution permit, it transpires that the application for the issue of a pollution permit has been filed for the pursuit of the economic activity prohibited by law;

5) following the taking of a decision to accept an application for the issue of a pollution permit, where the application for the issue of a pollution permit concerns the operation of a new installation or change to an installation referred to in the eighth paragraph of this Article, it transpires that it has been established in accordance with the procedure laid down in the Law on State Control of Environmental Protection that the economic activity is already pursued or the change of the economic activity has been carried out unlawfully and the infringement has not been brought to an end.

A natural or legal person wishing to change the nature or functioning of an installation (a part of the installation, two or more installations or parts of the installations) in respect whereof a pollution permit has been issued or 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 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, must apply for the updating of the pollution permit in accordance with the procedure laid down in the Pollution Permit Rules. For the conditions relating to the change to the installation referred to in this paragraph to be determined in the pollution permit, the natural or legal person must, in accordance with the procedure laid down in the Pollution Permit Rules, file with an institution authorised by the Minister of Environment an application for the updating of a pollution permit. Where a change to the installation other than that referred to in this paragraph is planned, the natural or legal person must, in accordance with the procedure laid down in the Pollution Rules, notify in writing the institution authorised by the Minister of Environment about the planned changes in the nature or functioning of the installation or extension thereof which may have an effect on the environment, and the institution authorised by the Minister of Environment shall assess whether the changes are possible and take a decision on the need to update the permit conditions or the permit itself.

Seeking to ensure compliance with the principles referred to in the second paragraph of this Article and conformity of the conditions of a pollution permit to the requirements of legal acts, an institution authorised by the Minister of Environment shall, in accordance with the procedure laid down in the Pollution Permit Rules, reconsider the conditions of the pollution permit and, upon establishing that at least one of the conditions of the updating of the pollution permit referred to in this paragraph has emerged or upon receiving a notification from the National Public Health Centre that the conditions of the pollution permit must be updated for the reasons specified in points 3 and 4 of this paragraph, take a decision on the obligation to update the pollution permit. A natural or legal person shall be notified of this decision in writing within three working days from the taking of the decision. Upon the receipt of the decision referred to in this point, the natural or legal person must, within the time limits specified in this decision, file with the institution authorised by the Minister of Environment an application for the updating of the pollution permit. A time limit for filing the application must not be less than 20 working days, and in the cases referred to in points 4 and 5 of this paragraph – not less than 20 working days and not longer than 30 working days. The pollution permit must be updated if at least one of the following conditions is fulfilled:

1) at the request of the natural or legal person, where due to a change in the economic activity the obligation to have a relevant special part/parts of the pollution permit is lifted;

2) the 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 governing environmental protection and their implementing legal acts, normative standards of environmental protection, standards of environmental protection, environmental quality standards or in the event of changes in such requirements, more stringent or additional conditions of a pollution permit must be determined;

4) the National Public Health Centre, in performing the functions in the area of odour management assigned to it by the Law on Public Health, establishes twice a year that the natural or legal person has violated the conditions of the pollution permit related to odour management and submits a decision that the prevention of such violations requires more stringent or additional conditions of the pollution permit;

5) the natural or legal person violates, twice a year, the conditions of the pollution permit relating to non-permitted emissions, waste generation, storage or treatment or unlawful utilisation of natural resources, where the prevention of such violations requires more stringent or additional conditions of the pollution permit;

6) the results of environmental monitoring or state control of environmental protection show that the pollution permitted by an installation has a significant adverse effect on the environment, therefore the emission limit values as specified in the pollution permit need to be revised or new limit values need to be included in the pollution permit.

If an institution authorised by the Minister of Environment, upon reconsidering the conditions of a pollution permit, does not detect at least one of the conditions for the updating of a pollution permit as specified in the ninth paragraph of this Article, it shall, in accordance with the procedure laid down in the Pollution Permit Rules, take 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 taken if at least one of the following conditions is fulfilled:

1) at the request of the holder of the permit;

2) an institution authorised by the Minister of Environment takes a decision regarding the obligation to update the pollution permit, the holder of the pollution permit fails to file an application for the updating of the pollution permit within the time limit set in the decision and in accordance with the procedure laid down in the Pollution Permit Rules;

3) an institution authorised by the Minister of Environment having taken a decision not to accept an application in the case specified in point 1 of the fifth paragraph of this Article, the holder of the pollution permit fails to file a revised application within a time limit set by the institution authorised by the Minister of Environment, where this is required in accordance with the conditions referred to in points 2, 3 and 6 of the ninth paragraph of this Article;

4) an institution authorised by the Minister of Environment having taken a decision not to accept an application in the case specified in point 1 of the fifth paragraph of this Article, the holder of the pollution permit fails to file a revised application within 20 working days, where this is required in accordance with the conditions referred to in points 4 and 5 of the ninth paragraph of this Article;

5) it is proved by lawful means that the pollution permit has been issued and/or updated upon provision of false information on the basis whereof the conditions of the pollution permit have been determined;

6) the legal person holding the pollution permit has been liquidated, the natural person holding the pollution permit has deceased, the court has declared him incapacitated or of limited legal capacity in the area related to the operation of an installation (a part of the installation, two or more installations or parts of the installations) referred to in the second paragraph of this Article or has declared him 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 contained in the pollution permit;

7) upon completing the reform or reorganisation of a legal person, the successor to the legal 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 contained in the pollution permit;

9) in accordance with the procedure laid down in the Law on State Control of Environmental Protection, it is established three times a year that the permitted pollution (levels and/or concentration), waste generation and storage normative standards as specified in the pollution permit are exceeded, except for the cases which are considered minor infringements of requirements of legal acts under the Law on Public Administration or where such an infringement of conditions of the pollution permit is not brought to an end for a period exceeding six months from the detection of the infringement, with the exception of the cases when a mandatory instruction sets a longer time limit for the infringement to be brought to an end than the one referred to in this point or the National Public Health Centre, in performing its functions in the area of odour management assigned to it by the Law on Public Health, detects three times a year infringements of the conditions of the pollution permit relating to the exceedance of odour norms, unless such revocation of the pollution permit could cause more significant harm to the public interest (disruption of public water supply, waste water management, district heating or electricity supply, mixed municipal waste management) than the effects of continuing economic activities;

Upon detecting the circumstances referred to in points 2, 3, 4, 6, 7, 8 and 10 of the eleventh paragraph of this Article, a natural or legal person shall, within three working days from the detection of the relevant circumstance and before the taking of a decision to revoke the pollution permit, be warned of the possible revocation of the pollution permit. In the cases referred to in points 2, 3, 4, 7 and 10 of the eleventh paragraph of this Article, a time limit of 20 working days shall be set, and in the case referred to in point 8 of the eleventh paragraph of this Article – a time limit of 6 months within which the person must remedy the deficiencies. If the natural or legal person remedies the deficiencies within this time limit, the pollution permit shall not be revoked. Upon detecting the circumstances referred to in points 1, 5 and 9 of the eleventh paragraph of this Article, the pollution permit shall be revoked without giving the warning provided for in this paragraph. The natural or legal person shall be informed in writing about a taken decision to revoke the pollution permit within three working days from the taking of the decision, with the exception of the cases when the pollution permit is revoked upon detecting the circumstances referred to in point 6 of the eleventh paragraph of this Article, and the reasons for the revocation of the pollution permit shall be provided. Upon revoking the pollution permit, the natural or legal person (economic operator) must safely discontinue the operation of an installation and implement the necessary measures required to prevent any adverse effect on the environment or threat of environmental damage.’

Article 5. Amendment to Article 47

Article 47(1) shall be amended as follows:

‘Where infringements provided for in Article 55(5), Article 57(1), (3) and (5), Article 76(1), Article 93(1) and (4), Article 94(1) and (4), Article 107(1) and (4), Article 109(3), (4), (6), (9), (10), (11), (12), (13), (15), (19) and (20) and Article 112(1) of this Law are detected, a legal person shall be warned in writing and a reasonable time limit shall be set for the detected infringements to be brought to an end, which may not be less than 7 calendar days and more than 30 calendar days. In exceptional cases, upon a reasoned request of a legal person and having regard to objective circumstances, the time limit for a detected infringement to be brought to an end may be extended once, but not longer than for 15 calendar days.’

Article 6. Amendment to Article 55

Article 55 shall be amended as follows:

‘Article 55. Liability of legal persons for pursuit of economic or other activities, use of objects in the absence of an integrated pollution prevention and control permit or a pollution permit or without registration of an installation

The pursuit of economic or other activities, the use of objects in the absence an integrated pollution prevention and control permit, where such a permit is required under legal acts, shall incur a fine in the amount from ten thousand euros up to thirty thousand euros.

A repeated infringement provided for in paragraph 1 of this Article shall incur a fine in the amount from thirty thousand euros up to fifty thousand euros.

The pursuit of economic or other activities, the use of objects in the absence of a pollution permit or without registering an installation, where such a permit is required under legal acts or such an installation must be registered under legal acts, shall be punished by a fine in the amount from five thousand euros up to ten thousand euros.

A repeated infringement provided for in paragraph 3 of this Article shall be punished by a fine in the amount from ten thousand euros up to fifteen thousand euros.

The pursuit of economic or other activities, the use of objects while failing to comply with the conditions determined 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 emissions into the environment in excess of the normative standards for emissions set out 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 set out for a registered installation shall, following a written warning of an infringement, be punished by a fine in the amount from one thousand euros up to two thousand euros.

A repeated infringement provided for in paragraph 5 of this Article shall be punished by a fine in the amount from two thousand euros up to five thousand euros.’

Article 7. Supplementation of the Law with Article 55¹

The Law shall be supplemented with Article 55¹ as follows:

‘Article 55¹. Liability of legal persons for unlawful placing of by-products referred to in the Law on Waste Management, waste, raw materials and products outside the territory wherein the economic activity specified in a permit is pursued, where an integrated pollution prevention and control permit or a pollution permit has been issued for the operation of an object of economic activities or pursuit of economic activities

Placing of by-products referred to in the Law on Waste Management, waste, raw materials and products outside the territory wherein the economic activity specified in a permit is pursued, where an integrated pollution prevention and control permit has been issued for the operation of an object of such economic activity or for the pursuit of such economic activity and where this is not provided for in the conditions of the permit, normative standards of environmental protection and standards of environmental protection, shall be punished by a fine in the amount from one thousand euros up to three thousand euros.

Placing of by-products referred to in the Law on Waste Management, waste, raw materials and products outside the territory wherein the economic activity specified in a permit is pursued, where a pollution permit has been issued for the operation of an object of such economic activity or for the pursuit of such economic activity and where this is not provided for in the conditions of the permit, normative standards of environmental protection and standards of environmental protection, shall be punished by a fine in the amount from five hundred euros up to one thousand five hundred euros.’

Article 8. Amendment to Article 126

Article 126 shall be amended as follows:

‘Article 126. Liability of legal persons for failure to comply with a mandatory instruction

Failure to timely comply with the requirements set out in a mandatory instruction given by an officer of state control of environmental protection in the event of a threat of infringement of laws or other legal acts governing environmental protection and utilisation of natural resources or failure to timely comply with the requirements set out in a mandatory instruction given by an officer of state control of environmental protection in the cases when a committed infringement of legal acts is likely to cause environmental damage and it is sought to avoid or reduce such infringement and/or environmental damage shall be punished by a fine in the amount from six hundred euros up to one thousand four hundred euros.

Failure to timely comply with the requirements set out in a mandatory instruction given by an officer of state control of environmental protection in the event of a threat of infringement of laws or other legal acts governing environmental protection and utilisation of natural resources, if repeated, or failure to timely comply with the requirements set out in a mandatory instruction given by an officer of state control of environmental protection in the cases when a committed infringement of legal acts is likely to cause environmental damage and it is sought to avoid or reduce such infringement and/or environmental damage, if repeated, shall be punished by a fine in the amount from one thousand four hundred euros up to three thousand euros.

Failure to timely comply with the requirements set out in a mandatory instruction given by an officer of state control of environmental protection in the event of a continuous infringement of laws and other legal acts governing environmental protection and utilisation of natural resources and setting a time limit for it to be brought to an end or failure to timely comply with the requirements set out in a mandatory instruction given by an officer of state control of environmental protection while setting a time limit for elimination of the causes of an infringement shall be punished by a fine in the amount from one thousand two hundred euros up to three thousand euros.

Failure to timely comply with the requirements set out in a mandatory instruction given by an officer of state control of environmental protection in the event of a continuous violation of laws and other legal acts governing environmental protection and utilisation of natural resources and setting a time limit for discontinuation thereof, if repeated, or failure to timely comply with the requirements set out in a mandatory instruction given by an officer of state control of environmental protection, where it was given while setting a time limit for elimination of the causes of an infringement, shall be punished by a fine from three thousand euros up to six thousand euros.

Failure to timely comply with the requirements set out in a mandatory instruction given by an officer of state control of environmental protection and setting a time limit for elimination of consequences arising from infringements of laws and other legal acts governing environmental protection and utilisation of natural resources or failure to timely comply with the requirements set out in a mandatory instruction given by an officer of state control of environmental protection, where it was given after causing damage to the environment and without implementing or improperly implementing remedial measures and establishes remedial measures and time limits for their implementation, shall be punished by a fine in the amount from two thousand euros up to five thousand euros.

Failure to timely comply with the requirements set out in a mandatory instruction given by an officer of state control of environmental protection and setting a time limit for elimination of consequences arising from infringements of laws and other legal acts governing environmental protection and utilisation of natural resources, if repeated, or failure to timely comply with the requirements set out in a mandatory instruction issued by an officer of state control of environmental protection, where it was issued after causing damage to the environment and without implementing or improperly implementing remedial measures and establishes remedial measures and time limits for their implementation, if repeated, shall be punished by a fine in the amount from three thousand euros up to eight thousand euros.

Article 9. Amendment to Article 127

Article 127 shall be amended as follows:

‘Article 127. Liability of legal persons for unlawfully resumed operation of an installation or a part of the installation or other activities discontinued under a mandatory instruction issued by an officer of state control of environmental protection

Unlawful resumption of the operation of an installation or a part of the installation or other activities (with the exception of the cases referred to in the third paragraph of this Article) discontinued under a mandatory instruction issued by an officer of state control of environmental protection shall be punished by a fine in the amount from eight hundred and fifty euros up to one thousand seven hundred euros.

Unlawful resumption of the operation of an installation or a part of the installation or other activities (with the exception of the cases specified in the third paragraph of this Article) discontinued under a mandatory instruction issued by an officer of state control of environmental protection, if repeated, shall be punished by a fine in the amount from three thousand euros up to ten thousand euros.

Resumption of the operation of an installation or a part of the installation or other activities discontinued in compliance with a mandatory instruction of an officer of state control of environmental protection given due to contamination of water, ambient air, land or other elements of the environment carried out by a legal person resulting in mass destruction of the fauna or flora and/or the legal person contaminating ambient air, land, water and thus posing a direct threat to human health or life shall, in the absence of acknowledgement by the officer of state control of environmental protection regarding the proper execution of the conditions or measures set out in the mandatory instruction, be punished by a fine in the amount from three thousand euros up to ten thousand euros.’

Article 10. Entry into force, implementation and application of the Law

1. This Law, except for Articles 2, 7 and paragraph 3 of this Article, shall enter into force on 1 May 2020.

2. Articles 2 and 7 of this Law shall enter into force on 1 January 2022.

3. The Minister of Environment of the Republic of Lithuania shall, by 30 April 2020, adopt legal acts implementing this Law.

4. Points 3 and 4 of Article 19²(9) the Law of the Republic of Lithuania on Environmental Protection specified in Article 4 of this Law, the provision of paragraph 3 concerning the obligation of the National Public Health Centre to coordinate applications and, within its remit, to determine and reconsider the odour management conditions contained in a permit and the provision of point 9 of paragraph 11 concerning infringements of the pollution permit conditions related to odour management shall apply from 1 January 2021 to installations for the operation whereof a pollution permit has been issued or an application for the issue of a pollution permit has been accepted.

5. The six-month time limit referred to in Article 191(14)(9) and Article 19²(11)(9) of the Law on Environmental Protection shall run from 1 May 2020 for the infringements of the permit conditions referred to in Articles 19¹ and 19² of the Law on Environmental Protection which have been detected and have not been brought to an end before the entry into force of this Law and which are related to the exceedance of the permitted pollution (levels and/or concentration), waste generation and storage normative standards as specified in the permit.

6. In the event of failure to implement, before the entry into force of this Law, a resolution to suspend environmentally harmful activities adopted in accordance with the procedure laid down in the Law of the Republic of Lithuania on State Control of Environmental Protection in force before 1 May 2020, the permits referred to in Articles 19¹ and 19² of the Law on Environmental Protection shall be revoked in compliance with the provision of Article 19¹(14)(5) of the Law on Environmental Protection in force before the entry into force of this Law or with the provision of Article 19²(11)(5) of the Law on Environmental Protection in force before the entry into force of this Law.

I promulgate this Law passed by the Seimas of the Republic of Lithuania

President of the Republic Gitanas Nausėda Gitanas Nausėda