Translated by the Ministry of Energy
Summary version from 01/01/2016
New version of the Law from 2012-01-01:
No XI-1888, 2011-12-22, Official Gazette, 2011, No 160-7576 (2011-12-28)
Article 1. Purpose of the Law
1. 1. This Law shall establish the main aims of energy activities in the Republic of Lithuania as well as the legal basis of state management, regulation, supervision and control of the energy sector, the general criteria, conditions of and requirements for public relations, and the main areas of state energy policy.
2. Legal grounds for activities in specific energy sectors and specific features of public relations shall be established by other laws. Provisions of other laws regulating energy activities shall apply to the extent that they do not contradict this Law, with the exception of the case indicated in paragraph 3 of this Article.
3. The project on a new nuclear power plant referred to in the Law on the Nuclear Power Plant and the related issues shall be governed by the Law on the Nuclear Power Plant. Provisions of this Law shall apply to the relations pertaining to the project of the new nuclear power plant and the related issues to the extent that they are not regulated by the Law on the Nuclear Power Plant.
4. The provisions of this Law have been harmonised with the legal acts of the European Union listed in the Annex to this Law.
Amendments to the Article:
No XI-2093, 2012-06-21, Official Gazette, 2012, No 76-3936 (2012-06-30)
Article 2. Main Definitions
1. Person shall mean a citizen of a Member State or another natural person who benefits from the rights of movement within the Member States conferred upon him by European Union legal acts, or a legal person established in the Member State or another organisation or a branch thereof.
2. Household energy customer (hereinafter referred to as the ‘household customer’) shall mean any natural person purchasing energy for personal, family or household consumption not related to economic, business or professional activities.
3. Central supply of petroleum gas shall mean the activities of energy undertakings holding licences to engage in retail trade in liquefied petroleum gas that supply liquefied petroleum gas to household energy customers by pipelines from tanks or group gas cylinder installations.
4. Wholesale energy market participant shall have the meaning defined in Regulation (EU) No 1227/2011.
5. Energy emergency shall mean a situation occurred in the energy sector due to an emergency event when normal supply of energy sources or energy to energy undertakings and/or customers is disrupted, and the supply is disrupted to the extent that energy undertakings are unable to timely forecast and manage the disruptions by economic methods and the Government, an institution authorised by it and/or the director of the municipal administration must, within their remit, regulate the supply of energy sources or energy to the energy undertakings and/or the customers.
8. Energy equipment shall mean technical structures including mechanisms, machinery, apparatuses, lines and accessory devices and appurtenances thereof intended for the surveillance, extraction, processing, production, storage, transportation, transmission and/or distribution of energy sources and/or energy.
9. Operation of energy equipment shall mean the process control, maintenance, repairs, measurements, testing, starting-up and adjustment of energy-related equipment.
10. Energy facilities shall mean power plants and boiler houses; electrical grids and appurtenances thereof; main gas pipelines, natural gas systems, natural gas storage facilities, liquefied natural gas terminals and storage facilities; main oil pipelines (petroleum product pipelines); oil refineries, oil and oil product terminals and storage facilities, liquefied oil gas installations; heat supply networks and appurtenances thereof.
11. Energy sector shall mean an area of the energy industry including one of the types of energy or energy sources: electricity, nuclear energy, heat energy, cooling energy, energy from renewable sources or natural gas, solid fuels, oil, petroleum products.
12. State control and supervision of the energy industry shall mean control and/or supervision over the technical safety of energy facilities, operation of energy equipment, reliability and/or efficiency of transportation of energy sources or energy as exercised by authorised state institutions.
13. Energy activities shall mean economic activities including surveillance, extraction, processing, production, storage, transportation, transmission, distribution, supply, trading, and marketing of energy sources or energy and/or operation of energy facilities and installations.
14. 12. Energy shall mean electricity and/or heat. Energy shall be considered to be a commodity. For the purposes of this Law, natural gas and centrally supplied liquefied petroleum gas shall also be considered energy.
15. Energy sources shall mean natural resources and/or products of processing thereof used for energy generation or in the transport sector.
16. Energy transmission shall mean the transport of energy via transmission networks or transmission systems (main gas pipelines).
17. Energy distribution shall mean the transport of energy via distribution networks or distribution systems (gas distribution pipelines).
19. Energy transit shall mean the transport of energy and/or energy sources whereby energy or energy sources from one state are transported to the recipient of energy or energy sources located in another state using transmission networks or transmission systems (main gas pipelines) of an intermediary third country/countries.
20. Energy audit shall mean a procedure aimed at identifying and quantifying consumption of energy sources and/or energy by buildings, installations and processes, or total consumption of energy sources and/or energy necessary to provide public or private services; selecting and economically justifying the energy sources and/or energy saving solutions; and submitting a report to the client of energy audit.
21. Energy customer (hereinafter: ‘customer’) shall mean any person whose installations are connected to energy facilities controlled by energy undertakings and who purchases energy for consumption.
22. Smart grid shall mean an energy transportation, transmission and/or distribution network in which a two-way digital communication by and between the supplier and the customer takes place and in which a smart energy accounting, monitoring and control system has been implemented.
23. Smart energy accounting system means an electronic energy consumption and generation measuring system that enables the obtaining of more information compared to the use of a conventional energy meter and which is able to transmit and receive data by means of electronic communication.
24. Main gas pipeline shall mean a high-pressure pipeline and the related structures and installations including gas distribution stations for the transmission of gas from gas fields and liquefied natural gas systems to natural gas storage facilities, distribution pipeline or gas-consuming facilities, also structures and means ensuring the functioning of these pipelines.
25. Main oil pipeline (petroleum product pipeline) shall mean a high-pressure pipeline and the related structures and installations for the transmission of oil to oil terminals and storage facilities or to oil refineries and for the transmission of petroleum products to petroleum product terminals and storage facilities.
26. Regulated energy activities (hereinafter referred to as the ‘regulated activities’) shall mean energy activities which require licences, authorisations, certificates and/or which are subject to state-regulated prices.
27. Voluntary agreement shall mean a published agreement between the Ministry of Energy of the Republic of Lithuania and energy undertakings, the parties to which voluntarily set objectives in the areas of increasing the efficiency of consumption of energy sources and energy and/or environment protection, draw up schedules of implementation of these objectives, and set requirements for the monitoring of the carrying out of the agreement and reporting requirements.
28. Liquefied petroleum gas shall mean a mixture of saturated and unsaturated hydrocarbons that is obtained during the processing of petroleum products and exists in gaseous state under normal conditions.
29. Technical safety shall mean the entirety of measures and requirements specified by this Law and other legal acts and ensuring the reliability and security of energy facilities and installations.
30. Security of supply shall mean the reliability and technical safety of supply of energy sources and/or energy.
31. Third country shall mean a state other than a Member State of the European Union or a state of the European Economic Area.
32. Third parties shall mean energy producers, suppliers and customers entitled, in accordance with the procedure and under the terms and conditions laid down in this Law, to have access to transmission or distribution networks for transport of energy in accordance with the procedure prescribed by law.
33. Member State means a Member State of the European Union or a state of the European Economic Area.
34. Energy facilities of national importance shall mean power plants and boiler houses of the capacity of at least 50 MW; transmission networks for electricity with a voltage of at least 110 kV and appurtenances thereof; main gas pipelines; natural gas import terminals and storage facilities with a capacity of at least 25,000,000 cubic metres; liquefied natural gas import terminals and storage facilities with a liquefied gas re-gasification capacity of at least 0.5 billion cubic metres per annum; main oil pipelines (petroleum product pipelines); oil refineries processing at least 50,000 tonnes of crude oil per annum; crude oil and/or petroleum products terminals and storage facilities with a capacity of at least 10,000 cubic metres; nuclear energy facilities; energy facilities whose importance to the State is recognised according to a procedure laid down by the Government of the Republic of Lithuania.
35. Project on the development of an energy facility of national importance shall mean a document justifying the technical, financial and economic feasibility of the construction of a facility, prepared prior to the start of preparation of territorial planning documents in order to verify that the planned facility is in line with the strategic areas of the state policy and the measures of implementation of the National Energy Independence Strategy, and is compatible with the existing energy sector infrastructure of the Republic of Lithuania and its development.
Paragraph added:
No XII-1533, 2014-12-23, published in TAR on 2014-12-31, ID 2014-21290
36. Rated thermal input shall mean the maximum capacity of a combustion installation, as specified by the producer, that the installation can attain and maintain in the course of long-term uninterrupted operation of the installation.
Amendments to the numbering of paragraphs:
No XII-1533, 2014-12-23, published in TAR on 2014-12-31, ID 2014-21290
37. Customer energy equipment shall mean the energy-related equipment for electricity, heat, gas, and petroleum products designed for customer needs.
Amendments to the numbering of paragraphs:
No XII-1533, 2014-12-23, published in TAR (Register of Legal Acts) on 2014-12-31, ID 2014-21290
38. Public interest services shall mean the services provided by energy undertakings in the public interest in the cases prescribed by law, as instructed by the Government of the Republic of Lithuania in order to attain the strategic objectives of the national energy, economic and/or environmental protection policies in the energy sector and to defend the legitimate public interests.
Amendments to the numbering of paragraphs:
No XII-1533, 2014-12-23, published in TAR (Register of Legal Acts) on 2014-12-31, ID 2014-21290
39. Indigenous energy sources shall mean the energy sources found in the Republic of Lithuania, except imported energy sources or energy sources produced from such imported sources.
Amendments to the numbering of paragraphs:
No XII-1533, 2014-12-23, published in TAR (Register of Legal Acts) on 2014-12-31, ID 2014-21290
Amendments to the Article:
No XII-382, 2013-06-18, Official Gazette, 2013, No 68-3414 (2013-06-28)
No XII-576, 2013-11-07, Official Gazette, 2013, No 120-6048 (2013-11-23)
CHAPTER TWO
MANAGEMENT OF ENERGY ACTIVITIES
Article 3. General Objectives of Energy Activities
1. The general objectives of energy activities shall be as follows:
Article 4. Energy Policy Making and Management, Regulation, Supervision and Control of Energy Activities
1. The Seimas of the Republic of Lithuania (hereinafter referred to as the 'Seimas’) shall establish energy policies by approving the National Energy Independence Strategy and by enacting laws.
2. The following bodies shall, within their respective remit, be in charge of management, regulation, supervision and control of energy activities in the Republic of Lithuania:
1) the Government of the Republic of Lithuania (hereinafter referred to as the ‘Government’) or an institution authorised by it;
2) the Ministry of Energy of the Republic of Lithuania (hereinafter referred to as the ‘Ministry of Energy’);
3) the Ministry of Environment of the Republic of Lithuania (hereinafter referred to as the ‘Ministry of Environment’);
4) the Ministry of Transport and Communications of the Republic of Lithuania (hereinafter referred to as the ‘Ministry of Transport and Communications’;
5) the National Commission for Energy Control and Prices (hereinafter referred to as the ‘Commission’);
6) the State Energy Inspectorate under the Ministry of Energy (hereinafter referred to as the ‘State Energy Inspectorate’);
8) the Competition Council of the Republic of Lithuania (hereinafter referred to as the ‘Competition Council’);
3. In the process of decision-making, state and municipal institutions performing the functions of management, regulation, supervision and control of energy activities shall, within their remit:
3) instruct energy undertakings on ensuring uninterrupted supply of energy sources and energy and determining compliance with quality requirements;
7) ensure implementation of state policy in the field of protection of consumer rights in the energy sector;
8) ensure that the decisions adopted by them do not create preconditions for unjustified worsening of competition conditions in the energy sector;
Article 5. Remit of the Government or an Institution Authorised by It
1. The Government shall:
4) adopt a decision on the construction of energy facilities crossing the state border of the Republic of Lithuania;
6) establish a procedure for and terms and conditions of promotion of production and consumption of renewable energy sources;
2. The Government or an institution authorised by the Government shall:
1) co-operate with foreign state energy institutions and represent, within its remit, the Republic of Lithuania at international organisations;
2) establish a procedure for supplying customers with energy and/or energy sources in the event of an energy emergency;
6) have the right, in the cases prescribed by law, to obligate an energy undertaking to provide the public interest services;
7) establish a procedure for and the terms and conditions of promotion of production and/or consumption of electricity generated by combined heat and power generation plants;
8) approve, upon coordination with the Authority, the standard terms and conditions of energy purchase and sale contracts, energy transport service contracts and contracts on connection of new household customers concluded with household customers;
9) establish a procedure for and terms and conditions of verification of conformity to efficiency requirements;
Article 6. Remit of the Ministry of Energy
The Ministry of Energy shall:
1) formulate the state policy in the energy sector and organise, coordinate and control its implementation;
2) approve, within its remit, the legal acts regulating the issues of security of energy supply, the installation, operation, use, technical safety and efficient use of energy facilities and installations and of customer energy equipment and other technical issues;
4) draft a plan and programmes for implementation of the National Energy Independence Strategy and coordinate implementation thereof;
5) approve the rules for transmission, distribution, supply and consumption of energy and energy sources;
6) establish a procedure for the formation and management of stocks of energy sources and the accumulation and use of energy sources;
10) set, in cooperation with the Ministry of Environment and the Ministry of Transport and Communications, the requirements for the composition and quality of fuel and fuel for transport as used in the Republic of Lithuania;
11) give approvals to plans on the development of energy facilities of national importance;
Amendments to the point:
No XII-1533, 2014-12-23, published in TAR (Register of Legal Acts) on 2014-12-31, ID 2014-21290
12) establish a procedure for and terms and conditions of connection of energy facilities of customers and producers (networks, installations, systems) to operating facilities of energy undertakings (networks, installations, systems);
13) establish a procedure for the preparation and approval of projects on the development of energy facilities of national importance;
Amendments to the point:
No XII-1533, 2014-12-23, published in TAR (Register of Legal Acts) on 2014-12-31, ID 2014-21290
14) establish a procedure for exercising state control of the energy industry and control of customer energy equipment;
15) approve a list of positions and occupations of workers referred to in Article 28(1) of this Law, determine the qualification requirements for these workers, approve a list of the workers constructing and operating energy facilities and installations who are subject to certification and establish a procedure for their certification and skills improvement;
16) establish a procedure for and terms and conditions of certification of the persons authorised to operate energy equipment;
17) set, in cooperation with the Ministry of Economy of the Republic of Lithuania, the efficiency requirements for the installations referred to in Article 27 of this Law and a procedure for the efficiency monitoring;
18) establish a procedure for and terms and conditions of performing audit of energy consumption by buildings, installations and processes, approve methodologies of such audit, also rules for the training and certification of professionals conducting energy audits, organise certification of the professionals performing energy audits as referred to in Article 28 of this Law, or designate an institution in charge thereof;
19) establish a procedure for concluding voluntary agreements and enter into voluntary agreements with energy undertakings;
20) organise exchange of practical experience in the area of efficient consumption of energy sources and energy among state institutions, agencies, undertakings and organisations at national and international levels;
21) approve plans for the development of smart grids and smart energy accounting systems and set the requirements for such grids and systems (the plans and requirements may be set for each energy sector individually, where required for objective reasons). In implementing this function, the Ministry of Energy shall apply the criteria of efficient management and use of limited resources, technological neutrality, functional equality, proportionality, legal certainty under changing market conditions, economic development, effective competition, consumer rights protection and regulation, and shall follow the principles of objectivity of conditions and procedures, transparency and non-discrimination;
Article 7. Remit of the Ministry of Transport and Communications
The Ministry of Transport and Communications shall:
1) develop programmes for the increase in the energy source and energy efficiency at transport facilities and coordinate implementation thereof;
2) make recommendations and implement measures to increase the energy source and energy efficiency at transport facilities;
3) carry out, in cooperation with the Ministry of Energy, information and educational activities promoting the efficient use of energy sources and energy at transport facilities;
Article 8. National Commission on Energy Control and Prices
1. The activities of entities in the energy sector shall be regulated and state supervision thereof shall be exercised by the Commission. The Commission shall be the national regulatory authority provided for in the legal acts of the EU regulating public relations in the energy sector.
2. The Commission shall be a state institution financed from the state budget, having a bank account and a seal with the Lithuanian state emblem and the name of the institution inscribed therein. The Government shall exercise the rights and perform the duties of the owner of the Commission as a budgetary body. The Commission shall act according to laws and rules of procedure approved by the Commission. The Commission shall be headed by the chairperson of the Commission. The Commission may be reorganised or liquidated upon adoption of the relevant law.
3. The Commission shall consist of five members. The chairperson and four members of the Commission shall be appointed and dismissed by the Seimas on the recommendation of the President of the Republic for the term of five years. The chairperson of the Commission shall appoint a deputy chairperson from among the appointed members of the Commission. The chairperson and/or members of the Commission whose term of office has expired shall remain in office until appointment of the new chairperson and/or members of the Commission. The chairperson or a member of the Commission who ceases to hold office shall be paid a severance pay in the amount of two average monthly salaries. The severance pay shall not be paid where the chairperson of the Commission or a member thereof ceases to hold office on the grounds specified in points 2, 3, 4, 5, 6, 8 and 9 of paragraph 5 of this Article.
4. Only citizens of the Republic of Lithuania of good repute and with a university degree (at least a Master's Degree or a degree equivalent to it) may be members of the Commission. A member of the Commission shall be prohibited from performing the activities incompatible with the civil service. A member of the Commission may not be considered to be of good repute if he does not meet the criteria of good repute as established for civil servants by the Law of the Republic of Lithuania on Civil Service.
5. The chairperson and members of the Commission shall be dismissed from office only
6. Dismissal of a member of the Commission before the expiry of the term of office shall be proposed to the Seimas by the President of the Republic. The Seimas shall appoint other persons to the office of the members of the Commission dismissed before the expiry of the term of office on the recommendation of the President of the Republic for a period of five years.
7. The chairperson and members of the Commission shall be paid the salary set out in the Law of the Republic of Lithuania on the Remuneration of State Politicians and State Officials. The Labour Code of the Republic of Lithuania shall apply to the chairperson and members of the Commission to the extent that their status is not regulated by this Law and other laws. The chairperson and members of the Commission may be incentivised by one-off sums of money without exceeding the wage fund. The chairperson and members of the Commission may be incentivised in the following cases:
8. Decisions on incentives to the members of the Commission shall be taken by the chairperson of the Commission. A decision on incentives to the chairperson of the Commission shall be taken by a majority vote of the members present at the meeting, with the chairperson of the Commission excluded from voting. In each case referred to in paragraph 7 above the one-off sum shall be paid no more than once per year and may not exceed 100% of the salary.
9. The Commission shall perform the following functions:
2) approve methodologies for the setting of state-regulated prices, set state-regulated prices and price caps;
3) where necessary, draft and submit to the Government the principles of setting state-regulated prices;
5) approve the rates of connection of energy facilities (networks, systems, installations) acting in compliance with the general criteria of setting rates as specified by the laws regulating legal grounds of specific energy sectors;
6) unilaterally set state-regulated prices where energy undertakings fail to comply with the requirements for the setting of such prices;
7) estimate the costs of rendered services when setting state-regulated prices, subject to reasonable returns on investments;
8) issue licences for energy activities, replace the licences, suspend validity thereof, cancel suspension of validity, revoke the licences, supervise and control the licensed activity of energy undertakings;
9) set requirements for reliable transport of energy and quality of services and control compliance therewith;
10) set depreciation/amortisation rates for the fixed assets used by the energy undertakings engaged in the activities whose prices are regulated by the state in such activities;
11) submit proposals regarding the licensed activities of energy undertakings to the Government, the Ministry of Energy and municipalities;
12) obligate energy undertakings to enter into contracts on transmission, distribution or supply of energy where the energy undertakings refuse, without valid grounds, to provide services to third parties or to supply energy to customers;
13) exercise control over the effective unbundling in the energy sector, ensuring the independence of energy transmission and distribution activities from the commercial interests of energy activities in order to avoid cross-subsidisation;
14) supervise the extent and effectiveness of market opening and competition in wholesale and retail trade (including electricity and/or gas exchanges), the prices applicable to household customers (including advance payment systems), customer switching rates, rates of customer disconnection from electricity networks and gas systems, payments for supervisory services and provision of such services, also, within its remit, the cases of distortion or restriction of competition in the energy sector;
15) monitor the occurrence of restrictive contractual practices, including exclusivity clauses which, if applied to large non-household customers, may prevent them from contracting simultaneously with more than one supplier or restrict their choice to do so and inform thereof the Competition Council;
16) publish, at least annually, the recommendations in relation to compliance of prices of services in the energy sector to transparency, non-discrimination and other requirements specified by legal acts and provide those to the Competition Council;
17) have the right, in accordance with the procedure prescribed by law and within its remit, to verify the information provided by energy undertakings to state institutions and/or customers, assess reliability thereof without prejudice to the requirements set for the protection of information considered to be a commercial/industrial or professional secret;
18) ensure for each customer access to energy consumption data, also the provision of generalised energy consumption data of an easily understandable format specified by the Commission at national level without indicating personal data of the customer and access for all customers to such generalised data;
19) conduct market research aiming at ensuring effective competition in the energy sector and preventing entities with significant power in the respective market from abusing this power;
21) impose, within its remit, the sanctions provided for by the Code of Administrative Offences of the Republic of Lithuania for administrative offences;
10. In order to take actions referred to in Article 13(2) (d), (f) and (g) of the Regulation (EU) No 1227/2011, the Commission shall be entitled to file an application for the permission to take such actions to the Vilnius Regional Administrative Court. The application for the permission shall state the full name of the person that has committed the suspected violation, the type of the suspected violation, and actions planned. The Vilnius Regional Administrative Court shall consider the application for the permission and shall pass a well-founded decision to grant or to reject the application. The consideration of the application for the permission shall be completed and the decision shall be passed no later than within 72 hours from the moment of submission of the application. Should the Commission disagree with the decision of the Vilnius Regional Administrative Court to reject the application, the Commission shall have the right to file, within 7 days from the date of the decision of the Vilnius Regional Administrative Court, an appeal against the decision by filing an appeal to the Supreme Administrative Court of Lithuania. The Supreme Administrative Court of Lithuania shall complete the consideration of the appeal no later than within 7 days from the date of acceptance of the Commission‘s appeal. A representative of the Commission shall be entitled to participate in the consideration of the appeal. The decision passed by the Supreme Administrative Court of Lithuania shall be final and not subject to appeal. While considering applications and appeals related to the issuance of the permission shall ensure confidentiality of the information received and the actions planned. Where the Commission applies to court for the temporary restriction on activities on the wholesale energy market in the cases referred to in Article 36 of this Law, provisions of this paragraph shall apply mutatis mutandis.
11. In performing its functions, the Commission shall be independent and act impartially and transparently in the exercise of its powers. For this purpose:
1) the Commission shall be a legally separate and functionally independent of any other public or private person;
2) the chairperson of the Commission, members thereof, civil servants and employees of the administration of the Commission shall act independently of all market interests and, in performing their duties, shall not seek, nor execute, any direct instructions of the Government or any other public or private person. This requirement shall not affect implementation of the national strategy and national policy specified by the Seimas and the Government, also close cooperation with other state institutions;
3) the Commission shall adopt decisions at its own discretion, independently of any state or municipal institution, undertaking, agency or organisation, have separate annual budget appropriations and use them to independently implement the specified budget and dispose of the human and financial resources corresponding to its duties.
12. The Commission shall be responsible for the validity and legitimacy of its resolutions. Resolutions of the Commission shall be adopted in a roll call vote. A meeting of the Commission shall be valid if attended by at least four members of the Commission, including the chairperson. Decisions shall be taken by a majority vote of the members of the Commission participating in the meeting. In the event of a tie, the vote of the chairperson of the Commission shall be decisive.
13. After the end of a calendar year, the Commission shall, within four months, prepare a report on its activities for the previous year, publish it on its website and submit to the President of the Republic, the Seimas and the Government. The financial and performance audit of the Commission shall be carried out by the National Audit Office of the Republic of Lithuania.
14. The activities of the Commission shall be ensured by the administration of the Commission. The structure of the administration of the Commission, regulations, lists of positions and job descriptions of structural units shall be approved by the chairperson of the Commission. The maximum permissible number of civil servants and employees working under employment contracts for the administration of the Commission shall be set by the Board of the Seimas.
15. The sources of funding of the Commission shall be state budget appropriations, including the revenue of the Commission provided for in paragraph 16 of this Article. The Commission's programmes implemented to achieve the goals stipulated in Article 3 of this Law and to exercise the regulation and state supervision of the energy industry shall be funded from the revenue of the Commission received in accordance with the procedure laid down by paragraph 16 of this Article. In performing other functions stipulated by laws and subordinate legislation or in the cases when the funds specified in paragraph 16 of this Article prove insufficient to ensure the regulation and state supervision of the energy industry, the Commission may be additionally allocated other funds of the state budget.
16. The revenue of the Commission and the procedure for using it shall be as follows:
1) the revenue of the Commission for next year shall be calculated according to the annual revenue from energy transmission and/or distribution activities received over the past year in specific energy sectors: 1.1 % of revenue from heat transmission activities, 0.25 % of revenue from electricity transmission and distribution activities and 0.7 % of revenue from natural gas transmission and distribution activities;
2) the revenue of the Commission calculated in accordance with the procedure laid down in subparagraph 1 of this paragraph shall be recognised as reasonable costs incurred by energy undertakings when setting regulated prices of energy transmission and/or distribution or a part thereof;
3) the energy undertakings engaged in energy transmission and/or distribution activities must transfer one fourth of the amount calculated in accordance with the procedure laid down in subparagraph 1 of this paragraph to the Commission's account each quarter of the calendar year no later than by the last day of the first month of the next quarter;
4) persons failing to timely pay the amount calculated in accordance with the procedure laid down in subparagraph 1 of this paragraph shall pay penalty at the rate of 0.05 % of the outstanding amount for each day delayed day. Penalty shall not be deemed to be reasonable costs of the persons. Payment of penalty shall not release the person from the obligation to pay the total amount due;
5) the Commission shall pay the revenue received under this paragraph to the state budget and manage it in accordance with the procedure prescribed by the Law of the Republic of Lithuania on the Budget Structure;
17. In performing its functions of the regulation, supervision and control of energy activities, the Commission shall act in accordance with the Lithuanian legislation and the European Union legislation and shall comply with all the legally binding decisions of the the Agency for the Cooperation of Energy Regulators (ACER) acting under the Regulation of the European Parliament and of the Council (EC) No 713/2009 of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators and of the European Commission, and shall implement such decisions. The principles for the provision of consulting by the Commission and both national and international cooperation are set in Article 26 of this Law and the laws governing activities of individual energy sectors.
Amendments to the Article:
No XII-576, 2013-11-07, Official Gazette, 2013, No 120-6048 (2013-11-23)
Article 9. State Energy Inspectorate
1. The State Energy Inspectorate shall exercise state control of the energy industry in accordance with the procedure prescribed by law. State control of energy facilities and installations shall be exercised on the entire territory of the Republic of Lithuania irrespective of the ownership form.
2. 2. The State Energy Inspectorate shall be a ministerial body. The founder thereof shall be the Ministry of Energy. The regulations of the State Energy Inspectorate shall be approved by the Ministry of Energy.
3. The State Energy Inspectorate shall:
1) issue, in accordance with the established procedure and within its remit, certificates for the operation of energy equipment, replace them, suspend the validity of the certificates, lift the suspension of validity, revoke the certificates and control compliance with the requirements prescribed by law;
2) control, in accordance with the established procedure, technical safety of energy facilities and energy equipment, operation thereof, reliability of production, transmission, distribution, and supply of energy and energy sources and energy efficiency;
3) organise verification of conformity to the efficiency requirements stipulated in Article 27(5) and (6) of this Law. The conformity verification service shall be provided to household customers free of charge;
4) investigate breakdowns and disruptions in the operation of energy facilities and installations, participate in the investigation of accidents related to the use of energy that occur at work and at home;
5) control compliance with special requirements for the installation and reconstruction of energy equipment as well as compliance of energy equipment with the specified requirements and suitability for use;
7) control compliance with the specified requirements set for the quality of energy and energy sources;
9) have the right, in accordance with the procedure prescribed by law and within its remit, to verify the information provided by energy undertakings to state institutions and/or customers, assess reliability thereof without prejudice to the requirements set for the protection of information considered to be a trade/industrial or professional secret;
Article 10. State Nuclear Power Safety Inspectorate
The State Nuclear Power Safety Inspectorate shall exercise control and state supervision of the safety of nuclear facilities and the accounting for nuclear materials. The remit of the State Nuclear Power Safety Inspectorate shall be defined by the Law of the Republic of Lithuania on Nuclear Energy, the Law of the Republic of Lithuania on Nuclear Safety, the Law of the Republic of Lithuania on Radiation Protection, and the Law of the Republic of Lithuania on the Management of Radioactive Waste.
Article 11. Remit of the Competition Council
The Competition Council shall, within its remit, control compliance by economic entities with statutory requirements for ensuring fair competition in the energy sector. In performing its functions the Competition Council shall enjoy the powers specified by the Law of the Republic of Lithuania on Competition (hereinafter referred to as the ‘Law on Competition’) and this Law.
Article 12. Remit of the State Consumer Rights Protection Authority
The Authority shall ensure protection of the rights of customers of energy and/or energy sources, deal with consumer complaints and perform other functions assigned to it in the area of protection of consumer rights under the Law of the Republic of Lithuania on Consumer Protection and in accordance with the procedure prescribed by this Law.
Article 13. Remit of the Director of a Municipal Administration
The director of a municipal administration shall, within the territory of a municipality:
2) issue authorisations to engage in the wholesale and retail trade in bulk petroleum products and liquefied petroleum gas, suspend the validity of such authorisations, lift the suspension of the authorisations, revoke the authorisations and replace the authorisations in accordance with the procedure laid down by the Government or an institution authorised by it;
4) in the event of a national level energy emergency, implement a plan for provision of customers with energy and/or energy sources as approved by the Government or an institution authorised by it, ensure the implementation of other decisions of the Government;
5) participate in applied research projects and in the preparation of public awareness and education campaigns promoting the efficient use of energy and energy sources;
Article 14. National Energy Independence Strategy
1. The National Energy Independence Strategy (hereinafter referred to as the ‘Strategy’) shall define the strategic directions of the national policy in the energy sector.
3. The Strategy shall cover all energy sectors and shall be subject to review
on a five-year basis. The preparation, review and implementation of the Strategy shall be financed by the state budget and other funds.
4. The Strategy shall contain provisions on the:
5. Acting pursuant to the Strategy approved by the Seimas, the Government shall approve the National Programme on the Development of the Use of Renewable Energy Sources in accordance with the Law of the Republic of Lithuania on Energy from Renewable Sources. The Government shall ensure compatibility of the Strategy and the National Programme on the Development of the Use of Renewable Energy Sources.
6. The Government or an institution authorised by it shall approve a five-year Strategy implementation plan and programmes.
Article 15. Construction, Development and Reconstruction of Energy Facilities and Installations
1. Energy facilities shall be constructed in accordance with the procedure prescribed by the Law of the Republic of Lithuania on Construction, the Law of the Republic of Lithuania on Territorial Planning, the Law of the Republic of Lithuania on Environmental Protection and other legal acts. Energy facilities of national importance shall be developed in compliance with provisions of the Strategy. The planned energy facilities of national importance shall be in line with the strategic directions of the state policies and the Strategy’s implementation measures and shall balance the development of the energy sector in the Republic of Lithuania, with the facilities’ development projects to be completed prior to the start of preparation of territorial planning documents. General and special plans for the provision of customers with energy and energy sources shall be prepared in compliance with the Strategy. Customers’ energy facilities shall be installed according to the procedure established by the Ministry of Energy.
Amendments to the paragraph:
No XII-1533, 2014-12-23, published in TAR (Register of Legal Acts) on 2014-12-31, ID 2014-21290
2. Energy undertakings shall participate in preparing and developing plans for balanced and efficient energy supply, distribution and transmission as well as in the planning of the development of energy facilities of national importance. Energy undertakings transmitting and distributing energy shall develop energy transmission and distribution installations within the area of their activities.
3. Energy undertakings engaged in the activities that are subject to price regulation shall coordinate their planned investments with the Commission. Where such investments of the energy undertakings are not coordinated with the Commission, they may not be recognised as justifiable for the review of prices regulated by the State.
4. Energy facilities owned by an energy undertaking that a customer, producer or any other person wishes to reconstruct or to transfer as they hinder the construction of buildings or for any other reason, shall be reconstructed or transferred under an agreement between the customer, the producer any other person and the energy undertaking according to the procedure and under the terms and conditions prescribed by law. In such cases, the customer, the producer or any other person at whose request an energy facility is to be reconstructed or transferred shall pay the energy undertaking for the costs of reconstruction or transfer of the energy facility. The ownership of the transferred or reconstructed energy facilities shall not be changed.
Article 16. Energy Activities
1. Energy undertakings shall operate in a way that ensures a safe, efficient and environmentally friendly energy production, energy supply, transmission, and distribution to a transmission or distribution system's connection point with the customer's system not exceeding state-regulated prices. The energy undertakings supplying heat to multi-apartment buildings shall supply heat to houses and/or flats, unless customers request otherwise.
2. Energy undertakings shall transmit, distribute and supply energy to customers according to energy transmission, distribution, supply and consumption rules. The energy undertakings shall have the right, in accordance with the procedure prescribed by law, to suspend the provision of customers with energy solely in the cases prescribed by law.
3. Energy undertakings shall, within their activity area and in accordance with the specified procedure, connect energy producers' or customers' installations producing and/or using energy to operating energy transmission or distribution networks or systems. Connection costs shall, in compliance with the set rates and subject to evaluation of necessary connection costs in accordance with the procedure laid down by the Commission, be borne by producers and/or customers, unless the law stipulates cost allocation between a network/system operator and a producer or a customer. Connection works shall be carried out under a services contract on connection of installations concluded in a mandatory manner between an energy undertaking and the energy producer or the customer.
4. Energy undertakings that control, by the right of ownership or on other lawful grounds, energy transmission or distribution networks or systems shall, in accordance with the procedure prescribed by law, provide the energy transmission or distribution services to third parties under objective and non-discriminatory conditions having regard to the technical capacity of the transmission and distribution networks and/or systems.
5. Energy undertakings that control, by the right of ownership or on other lawful grounds the energy facilities operating in the common energy system shall cooperate and work in a common synchronised mode and carry out instructions of a network/system operator. The operator shall be designated when issuing a licence in accordance with the procedure and under the terms and conditions prescribed by law.
6. Relations among energy undertakings and their relations with energy customers shall be built on a contractual basis. Service contracts on energy transmission and distribution, also contracts on the purchase and sale of energy concluded with household customers shall be public contracts. The services of energy transmission and distribution and of energy supply to household customers shall be provided subject to conclusion of a relevant contract on standard terms and conditions approved by the Government or an institution authorised by it. Requirements for the conclusion of specific types of energy supply contracts shall be stipulated by the laws laying down legal grounds for activity in specific energy sectors.
7. Energy undertakings transmitting and/or distributing energy shall, in accordance with the established procedure, have the right to verify compliance of customers’ energy facilities with specified installation, operation, use and technical safety requirements.
8. Energy undertakings operating in electricity, heat and/or natural gas sectors shall ensure the performance of a review of costs of an energy undertaking's licensed activity and audit of the undertaking's financial statements and submission of the auditor’s opinion to the Commission within four months after the end of each financial year.
9. Energy undertakings shall participate in the drafting of regulated pricing methodologies, procedures for and conditions and terms of connection of energy facilities, rules for determination of rates, energy transmission, distribution and supply, other legal acts governing the installation, operation, use, safety of and other technical issues related to the energy facilities.
Article 17. Specific Features of Energy Activities, Quality and Composition of Energy Sources
1. The territory of the activity of the energy undertaking engaged in energy transmission, distribution or supply activities, with the exception of the activities of independent supply of electricity or natural gas, shall be indicated in the licence or authorisation issued to an energy undertaking.
Article 18. Granting of Immovable Property for Use
1. Land shall be leased or otherwise granted for use for the purpose of constructing energy facilities in accordance with the procedure prescribed by law. Land owned by the State by the right of ownership shall be sold or leased for the purpose of constructing energy production, transmission and distribution facilities intended for the implementation of the objectives and measures of the Strategy and ensuring of the energy system development in accordance with the procedure laid down by the Government and in compliance with the requirements specified by law for land sale or lease by auction, and in the cases prescribed by law – without an auction.
2. Private land may be used for the construction of energy facilities under an agreement between an energy undertaking and the owner of land. In the absence of agreement, private land may, in accordance with the procedure prescribed by law, be taken for public needs, or a servitude may be established by a law or an administrative act.
3. Protection zones shall be set up for the protection and operation of energy facilities. Construction, greenery planting and earthworks in such areas shall be limited. Servitudes of land and other immovable items within a protection zone shall be established in accordance with the procedure and under the terms and conditions prescribed by law. Owners of the immovable property located within the protection zone and users thereof must enable the energy undertakings to access to the energy facilities owned or operated by them and to perform modernisation or operation works. Damages arising from the operation of energy undertakings in the protection zones shall be compensated by an energy undertaking that owns the energy facility located in the immovable property within the protection zone.
Article 19. Energy Prices
1. In the energy sector, prices shall be contractual and state-regulated. Prices shall be regulated when approving the prices of services or energy or setting price caps or establishing a procedure for regulating prices. Principles of regulation of state-regulated prices shall be established by this Law and the laws regulating individual energy sectors.
2. When setting state-regulated prices, the necessary costs of extraction of energy sources, energy production, purchase, transmission, distribution, supply and the costs referred to in Article 8(15) of this Law must be provided for, the reasonable return on investment and/or return on equity must be evaluated, account may also be taken of the development of the energy sector and energy efficiency, and the provision of the public interest services.
3. State-regulated prices shall be published no later than one month prior to the start of application thereof, unless other laws stipulate otherwise, and apply from the first date of the month.
Amendments to the Article:
No XII-382, 2013-06-18, Official Gazette, 2013, No 68-3414 (2013-06-28)
Article 191. Prices for Centrally Supplied Liquefied Petroleum Gas
2. Prices for the centrally supplied liquefied petroleum gas shall be based on the indispensable costs of purchase, storage, distribution and supply of the liquefied petroleum gas incurred by an energy undertaking as well as its costs related to the installation, maintenance, checking and recording of metering equipment, having regard to a reasonable return on investments. The price for the centrally supplied liquefied petroleum gas shall ensure long-term operation and rehabilitation of the liquefied petroleum gas facilities designed for such activities and shall enable customers to use the centrally supplied liquefied petroleum gas on acceptable terms. In determining the price for the centrally supplied liquefied petroleum gas, the ratio between wholesale prices and retail prices for such gas shall be taken into account. Prices may be differentiated depending on customer categories having regard to the liquefied petroleum gas consumption volumes. Cross-subsidisation of customer groups in the price differentiation process shall be prohibited.
3. Procedure for the setting of prices for the centrally supplied liquefied petroleum gas:
1) an energy undertaking holding an authorisation to engage in retail trade in liquefied petroleum gas shall prepare, in accordance with the Methodology for the Setting of Prices for Centrally Supplied Liquefied Petroleum Gas, a draft calculation of the price for centrally supplied liquefied petroleum gas, and submit it to the Commission together with a substantiation of the price. The draft calculation and the price substantiation shall be submitted to the Commission no later than 60 days prior to the end of the price validity term;
2) the Commission shall approve, within 30 calendar days from registration of the request at the Commission, the price for the centrally supplied liquefied petroleum gas submitted by the energy undertaking. The Commission shall not approve the price if it finds, in accordance with the Methodology for the Setting of Prices for Centrally Supplied Liquefied Petroleum Gas, violations in the draft calculation and the price substantiation. The energy undertaking shall rectify the violations no later than within 15 calendar days. Should the energy undertaking fail to rectify the violations found by the Commission or fail to submit the draft calculation and the price substantiation in due time, the Commission shall set the specific prices on a unilateral basis;
4. Energy undertakings shall prepare and submit income and cost statements to the Commission within 30 days after the end of a calendar quarter of the year according to a procedure laid down by the Commission.
Article added:
No XII-382, 2013-06-18, Official Gazette, 2013, No 68-3414 (2013-06-28)
Article 20. Licences, Authorisations and Certificates of Energy Activities
1. In respect of licensed activities and activities requiring authorisations or certificates, the procedures for the issuance, suspension of validity, cancellation of suspension of validity and revocation of licences, authorisations or certificates shall be laid down by this Law, other laws regulating individual energy sectors and/or implementing legal acts.
2. Persons wishing to obtain a licence, authorisation or certificate established by this Law and/or other laws regulating individual energy sectors may be subject to requirements for a legal form and/or other requirements restricting the freedom of establishment, provided that such requirements are based on overriding public interest and conform to the principles of necessity and proportionality.
Article 21. Issuance, Suspension of Validity, Lifting of Suspension, Revocation and Replacement of Licences, Authorisations and Certificates of Energy Activities
1. A person seeking to obtain a licence, authorisation or certificate for the pursuit of energy activities shall, according to the procedure prescribed by law, submit an application for the issuance of the licence, authorisation or certificate and the documents referred to in the legal acts to an institution issuing the licence, authorisation or certificate. Requirements for the persons seeking to obtain the licence, authorisation or certificate shall be prescribed by this Law and/or laws regulating individual energy sectors. The licence, authorisation or certificate shall be issued to a person or a reasoned written refusal to issue the licence, authorisation or certificate shall be submitted to the applicant no later than within 30 calendar days from the registration of an application for the issuance of the licence, authorisation or certificate and all properly executed documents with the institution issuing licences, authorisations or certificates in accordance with the procedure prescribed by law.
2. If no response is given to a properly filed application for the issuance of a licence, authorisation or certificate within the time limit set in paragraph 1 of this Article, it shall be deemed that a positive decision has been adopted regarding the issuance of the licence, authorisation or certificate.
3. The provision specified in paragraph 2 of this Article shall not apply if disputes are pending in court with third parties over the conditions of licensed activities (territories) or on other grounds based on the vital public interest, and the applicant is notified thereof in accordance with the procedure prescribed by law. In this case, a licence, authorisation or certificate shall be issued or a reasoned written refusal to issue the licence, authorisation or certificate shall be provided to the applicant no later than 30 calendar days after the completion of the relevant legal proceedings or upon disappearance of other grounds based on the vital public interest which delayed the taking of the decision on the issuance of the licence, authorisation or certificate.
4. For violations of the conditions of and requirements for a regulated activity, an energy undertaking holding a licence, authorisation or certificate for pursuit of energy activities shall be notified, according to the procedure prescribed by law, of a potential suspension of validity of the licence, authorisation or certificate on the grounds specified in paragraph 5 of this Article or of the revocation of the licence, authorisation or certificate on the grounds specified in paragraph 7 of this Article, and a time limit for elimination of the violations of the regulated activity shall be established. This period may not exceed 30 calendar days, with the exception of the cases when for objective reasons the elimination of the violation requires a longer period.
5. Having regard to the requirements set by this Law and other laws for the issuance of a licence, authorisation or certificate, the validity of the licence, authorisation or certificate shall be suspended by a decision of the issuing authority in accordance with the procedure prescribed by law where:
1) it transpires, upon issuing the licence, authorisation or certificate, that the application for the issuance of the licence, authorisation or certificate contains false data, and following a warning an energy undertaking fails to provide revised data within a time limit set by the issuing authority;
2) during a calendar year, an energy undertaking violates the specified conditions of operation, and the energy undertaking has been warned of a possible suspension of validity of the licence, authorisation or certificate in accordance with the procedure laid down in paragraph 4 of this Article, but fails to eliminate the violations within the time limit specified by the issuing institution;
3) the technological, financial and/or managerial capacities of an energy undertaking prevent it from pursuing a regulated activity, and the energy undertaking has been warned of a possible suspension of validity of the licence, authorisation or certificate in accordance with the procedure laid down in paragraph 4 of this Article, but fails to eliminate the violations within the time limit specified by the issuing institution. The requirements for the technological, financial and managerial capacities of the energy undertakings operating in specific energy sectors shall be set by the laws governing the relevant energy sectors;
4) it transpires that a natural person who holds the authorisation or the head or owner of a legal person who holds the authorisation and/or a participant of the legal person who is a natural person holding at least 10 % of shares, member shares or stakeholders' contributions has a conviction that has not expired or has not been quashed, or a conviction was handed down and took effect during the past five years with respect to a legal person holding the authorisation or a participant of the legal person which is a legal person holding at least 10 % of shares, member shares or shareholders' contributions, for the following offences: participation in a criminal association, organisation of criminal associations or directing them, bribery, bribery of an intermediary, graft, fraud, credit fraud, money or asset laundering, unlawful engagement in economic, commercial, financial or professional activities;
6. Where an energy undertaking submits, in accordance with the established procedure, the documents proving that violations have been eliminated, suspension of the validity of a licence, authorisation or certificate shall be cancelled by a decision of the issuing authority not later than within 10 calendar days from registration of these documents with the issuing authority.
7. Having regard to the requirements set by this Law and other laws for the issuance of a licence, authorisation or certificate, the licence, authorisation or certificate shall be revoked by a decision of the issuing authority in accordance with the procedure prescribed by law where:
1) an energy undertaking whose licence, authorisation or certificate has already been suspended violates the conditions of activities covered by the licence, authorisation or certificate repeatedly within the period of twelve months from suspension of the validity of its licence, authorisation or certificate;
2) an energy undertaking the validity of whose licence, authorisation or certificate has been suspended fails to eliminate violations of conditions of regulated activities within the time limit specified by the issuing authority;
3) an energy undertaking the validity of whose licence, authorisation or certificate has been suspended continues to pursue the activities covered by the licence, authorisation or certificate;
4) a legal person holding the licence, authorisation or certificate ceases to exist as a result of liquidation or reorganisation;
5) an energy undertaking does not pursue the activities covered by the licence, authorisation or certificate for a period exceeding three years;
6) an energy undertaking authorised to engage in retail trade in bulk petroleum products transfers the title to a petrol station to other persons or a contract serving as a basis for the use of the petrol station expires or the undertaking ceases to pursue activities at the petrol station;
8. The licences, authorisations or certificates issued may be replaced on the initiative of the issuing authority in case of a change in requirements set by law for regulated activities or on the initiative of a person holding a licence, authorisation or certificate in case of a change in personal data contained in the licence, authorisation or certificate or the area in which regulated activities are carried out. In case of a change in personal data contained in the licence, authorisation or certificate or the area in which regulated activities are carried out, the person must give a written notice thereof to the issuing authority not later than within 10 working days from the emergence of such changes.
9. Licences, authorisations and certificates shall be issued in an electronic format specified by the issuing authority and may be issued at the request of the applicant also in writing, in a format specified by legal acts.
10. State dues in the amount specified by the Government shall be levied for the issuance or replacement of a licence, authorisation or certificate.
11. State supervision and/or control institutions shall, in accordance with the procedure prescribed by law and within their remit, exercise control of activities of energy undertakings holding licences, authorisations or certificates and supervise their compliance with the conditions of regulated activities. State supervision and/or control institutions must forthwith give a written notice to the issuing institution of established violations in the regulated activities of energy undertakings.
Article 22. Certificates of Operation of Energy Equipment and Requirements for the Certificate Holders
1. Certificates of operation of energy equipment shall be of the following types:
2. Certificates of operation of energy equipment shall be issued to natural persons holding a residence permit in the Republic of Lithuania or to legal persons established in the Republic of Lithuania, divisions of legal persons of other Member States or of other organisations, where the divisions are established in the Republic of Lithuania. The certificates shall be issued for a period of time not exceeding five years. Specific periods of validity of the certificates and criteria for determination thereof, also cases of and procedures for amending the data contained in the certificates shall be established by this Law and by the Rules for the Certification of Persons Authorised to Operate Energy Equipment approved the Ministry of Energy.
3. Certificates of operation of energy equipment shall be issued to persons
referred to in paragraph 2 of this Article, provided that they comply with the following requirements:
1) possess technological equipment, devices and other instruments necessary to carry out actions needed for operation of energy equipment;
2) hold technological and technical documents indicating specifications of energy equipment in operation and recommending operating procedures;
4. A person holding a certificate of operation of energy equipment must comply with the following requirements:
4. A person holding a certificate of operation of energy equipment must comply with the following conditions:
1) comply with the requirements set by legal acts when providing the services of operation of the energy equipment indicated in the certificate;
2) may not authorise other persons to pursue regulated activities indicated in the certificate or transfer the right to authorise under a contract;
3) provide to the issuing authority information required for the performance of duties specified by laws and other legal acts;
5. The State Energy Inspectorate shall issue certificates of operation of energy equipment as referred to in paragraph 1 of this Article, suspend the validity thereof, lift the suspension, revoke the certificates, replace the certificates and control regulated activities of operation of energy equipment.
Article 23. Authorisations for Trade in Liquefied Petroleum Gas
1. Authorisations for trade in liquefied gas shall be of the following types:
2. Authorisations for retail trade in liquefied petroleum gas shall be issued to natural persons holding a residence permit in the Republic of Lithuania or to legal persons established in the Republic of Lithuania, divisions of legal persons of other Member States or of other organisations, where the divisions are established in the Republic of Lithuania. The authorisations for retail trade in liquefied petroleum gas shall indicate a specific sales outlet/outlets.
3. Authorisations for wholesale trade in liquefied petroleum gas shall be issued to persons indicated in Article 2(1) of this Law.
4. Cases of and procedures for the amendments to the data contained in authorisations for trade in liquefied petroleum gas shall be specified by the Rules for Issuing Authorisations for Trade in Petroleum Products as approved by the Ministry of Energy.
5. Authorisations for trade in liquefied petroleum gas shall be issued to persons indicated in paragraphs 2 and 3 of this Article, provided that they meet the following requirements:
1) possess the technological, financial and managerial capacities allowing for fulfilment of conditions of this activity, as specified by the Rules for Issuing Authorisations for Trade in Petroleum Products;
2) have an emergency response unit or a contract with an energy undertaking authorised, in accordance with the procedure prescribed by law, to carry out accident/disruption localisation and response works;
3) a natural person who wishes to obtain the authorisation or the head or owner of a legal person who wishes to obtain the authorisation and/or a participant of the legal person who is a natural person holding at least 10 % of shares, member shares or stakeholders’ contributions does not have a conviction that has not expired or has not been quashed, or no conviction has been handed down and became effective over the past five years with respect to a legal person holding the authorisation or a participant of the legal person which is a legal person holding at least 10 % of shares, member shares or shareholders' contributions for the following offences: participation in a criminal association, organisation of criminal associations or directing them, bribery, bribery of an intermediary, graft, fraud, credit fraud, money or asset laundering, unauthorised engagement in economic, commercial, financial or professional activities, provided that such criminal acts have been committed while disposing of petroleum products.
6. An energy undertaking holding an authorisation for trade in liquefied petroleum gas shall comply with the following requirements
1) may not sell, store or transport liquefied petroleum gas unless acquisition thereof is supported by legally valid documents;
2) may not sell liquefied petroleum gas not meeting minimum and environmental quality indicators, also may not sell liquefied petroleum gas for sale in the internal market without documents confirming the quality of gas;
3) use for trade in liquefied petroleum gas cylinders and other compressed gas equipment meeting the requirements specified by legal acts;
4) provide to the issuing authority the information required for the performance of duties specified by laws and other legal acts;
5) may not authorise other undertakings to pursue regulated activities indicated in the authorisation or transfer the right to authorise under a contract or otherwise delegate the pursuit of this activity;
7) may not discriminate against certain customers or classes of customers, provide information to customers and consult them in accordance with the procedure prescribed by law;
8) centrally provide liquefied petroleum gas at prices set in accordance with Article 191(3) of this Law;
9) keep accounting for the income from and costs of the central supply of liquefied petroleum gas that is separate from the accounting for other types of activities; conduct audits of income and costs of regulated activities;
7. Directors of a municipal administrations shall issue authorisations for trade in liquefied petroleum gas as referred to in paragraph 1 of this Article, suspend the validity thereof, lift the suspension, revoke the certificates, replace the certificates and control regulated activities in accordance with the procedure and terms specified in the Rules for Issuing Authorisations for Trade in Petroleum Products.
8. The procedure for and conditions of trading in liquefied petroleum gas shall be specified in the Rules for Trading in Petroleum Products as approved by the Ministry of Energy in compliance with general requirements laid down in this Law.
Amendments to the Article:
No XII-382, 2013-06-18, Official Gazette, 2013, No 68-3414 (2013-06-28)
Article 24. Authorisations for Trade in Bulk Petroleum Products
1. Authorisations for trade in bulk petroleum products shall be of the following types:
2. Authorisations for retail trade in bulk petroleum products shall be issued to natural persons holding a residence permit in the Republic of Lithuania or to legal persons established in the Republic of Lithuania, divisions of legal persons of other Member States or of other organisations, where the divisions are established in the Republic of Lithuania. An authorisation for retail sale in bulk petroleum products shall indicate each sales outlet (petrol station) whereat a person holding the authorisation pursues the relevant activity.
3. Authorisations for wholesale trade in bulk petroleum products shall be issued to persons indicated in Article 2(1) of this Article.
4. Authorisations for trade in bulk petroleum products shall be issued to persons indicated in paragraphs 2 and 3 of this Article, provided that they meet the following requirements:
1) possess the technological, financial and managerial capacities allowing for fulfilment of conditions of regulated activities, as specified by the Rules for Issuing Authorisations for Trade in Petroleum Products;
2) a natural person who wishes to obtain the authorisation or the head or owner of a legal person who wishes to obtain the authorisation and/or a participant of the legal person who is a natural person holding at least 10 % of shares, member shares or stakeholders' contributions does not have a conviction that has not expired or has not been quashed, and no conviction was handed down and took effect during the past five years with respect to a legal person holding the authorisation or a participant of the legal person which is a legal person holding at least 10 % of shares, member shares or shareholders' contributions for the following offences: participation in a criminal association, organisation of criminal associations or directing them, bribery, bribery of an intermediary, graft, fraud, credit fraud, money or asset laundering, unauthorised engagement in economic, commercial, financial or professional activities, provided that such criminal acts have been committed while disposing of petroleum products.
5. An energy undertaking holding an authorisation for trade in bulk petroleum products must comply with the following requirements:
1) engage in the trade in bulk petroleum products indicated in the authorisation in compliance with the requirements set by legal acts
2) provide to the issuing authority the information required for the performance of duties specified by laws and other legal acts;
3) accumulate petroleum products at the national level in accordance with the established procedure if such duty is prescribed by law;
4) may not authorise other undertakings to pursue regulated activities indicated in the authorisation or transfer the right to authorise under a contract or otherwise delegate the pursuit of this activity;
5) may not discriminate against certain customers or classes of customers, provide information to customers and consult them in accordance with the procedure prescribed by law;
6) may not sell, store or transport bulk petroleum products unless acquisition thereof is supported by legally valid documents;
7) may not sell counterfeit bulk petroleum products intended for sale in the internal market and not meeting minimum and environmental quality indicators without documents confirming the quality;
6. Directors of municipal administrations shall issue the authorisations for trade in bulk petroleum products as referred to in paragraph 1 of this Article, suspend the validity thereof, lift the suspension, revoke the certificates, replace the certificates and control this regulated activities in accordance with the procedure and terms specified by the Rules for Issuing Authorisations for Trade in Petroleum Products.
Article 25. Provision of Information
1. State and municipal institutions and agencies shall have the right to obtain from energy undertakings information required for the performance of their functions. Energy undertakings shall, in accordance with the procedure laid down by the Government or an institution authorised by it, provide information to state and municipal institutions, agencies and/or other persons entitled to receive such information in accordance with the procedure prescribed by law.
2. The Government, the Ministry of Energy or any other authorised institution shall, in accordance with the procedure prescribed by law and within its remit, provide information to the European Commission, other states and international organisations.
3. The energy undertakings that control, by the right of ownership or on other legal grounds, energy facilities of national importance must give a notice of commencement of construction and operation of such facilities to the Ministry of Energy.
4. Energy undertakings shall furnish, according to a procedure laid down by the Government or an institution authorised by it, energy customers and municipal institutions within the territory of their activities with the information on efficient consumption of energy sources and energy, safe and efficient use of energy facilities and equipment, energy facilities and equipment under construction and reconstruction, state-regulated energy prices and services provided to energy customers.
5. Information provided by energy undertakings about the costs related to activities licensed in accordance with the procedure prescribed by law or to activities subject to state-regulated prices shall be public. Energy undertakings that carry out licensed activities or provide services at state-regulated prices shall publish the data on remuneration received by members of management bodies of the undertakings and other payments to them in relation to the functions performed in the management bodies.
6. Subsidiaries or associates of an energy undertaking the operations of which are subject to the price regulation by the State shall submit to the Commission, at the Commission‘s request, information on the costs of provision of services or of supply of goods to the energy undertaking, revenues, contractual obligations and pricing that affect the State-regulated prices in cases where the energy undertaking the operations of which are subject to the price regulation by the State enter into contracts for the internal provision of services or supply of goods, or where such services and goods are purchased from the energy undertaking‘s subsidiary or associate as the sole service provider/supplier. In exercising its right to obtain information from subsidiaries or associates of energy undertakings, the Commission shall ensure confidentiality of the information/data received when this is requested by the information/data provider, however, this duty shall not restrict the Commission‘s right to publish or otherwise use the information/data upon its summarisation or depersonalisation, provided that it is impossible to identify specific persons from the information/data.
Article 26. Consultations and Cooperation
1. The Commission shall, in performing the functions of regulation, supervision and control of energy activity as delegated to it, consult and closely cooperate with the Ministry of Energy, the Competition Council, other state and/or municipal institutions, enterprises, agencies and organisations. In preparing information on the issues of consumer rights, the Commission shall cooperate with the Authority.
2. The Commission shall closely cooperate with the Agency for the Cooperation of Energy Regulators (ACER), acting on the basis of Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators, as well as with the regulatory authorities of other Member States and with the European Commission.
3. The Commission, acting in compliance with the powers granted to it by this Law and other legal acts, shall pursue the following general objectives, acting either independently or in cooperation with the competent institutions, agencies and organisations of the Republic of Lithuania, other Member States or the European Union:
1) promote the creation of a competitive, secure and environmentally friendly internal market in electricity and natural gas in the European Union, effective market opening for all customers and suppliers of the European Union, also ensure proper conditions for the effective and reliable operation of electricity grids having regard to long-term goals;
2) develop competitive and properly functioning regional markets in electricity and natural gas in the European Union and, in particular, the Baltic Sea Region;
3) eliminate restrictions on trade in electricity and natural gas between the Member States, including development of appropriate cross-border electricity and gas transmission capacities to meet demand and enhance integration of national markets, which may facilitate transmission of electricity and natural gas in the European Union;
4) develop, in the most cost-effective manner, secure, reliable and efficient networks/systems to be used on a non-discriminatory basis and with a focus on customers, promote the suitability of the networks/systems and energy efficiency in line with the general energy policy goals, also integration of production and distributed production of energy from renewable sources on a large and small scale in both transmission and distribution networks or systems;
5) facilitate access of new production capacities to networks/systems, in particular by removing barriers to new market entrants and production of energy from renewable sources;
6) ensure, in order to increase the efficiency of the system and to promote market integration, that network/system operators and network/system users are provided with appropriate incentives in both short and long term;
7) ensure that customers benefit from the efficient functioning of national markets, promote effective competition and help to ensure consumer protection;
4. The Commission shall have the right to approach the Agency for the Cooperation of Energy Regulators (ACER) requesting to deliver an opinion on compliance of decisions made by the Commission with requirements of legal acts of the European Union and/or guidelines approved by the European Commission.
5. The Commission shall be entitled to send to the European Commission a notice informing about a decision adopted by a regulatory authority of another EU Member State that is relevant to the cross-border electricity exchange and which, in the Commission‘s view, is not compliant with the provisions of Regulation of the European Parliament and of the Council (EC) No 714/2009 of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 or the Regulation of the European Parliament and of the Council No 2009/72/EC of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC. Such notice shall be submitted to the European Commission within two months from the date of adoption of the relevant decision by the regulatory authority.
6. Should the European Commission acting in accordance with the procedure laid down in Article 39 of the Regulation of the European Parliament and of the Council No 2009/72/EC of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, instruct to revoke a decision adopted by the Commission, the Commission shall revoke or amend the decision concerned no later than within two months having regard to the provisions of European Union legal acts, and shall notify the European Commission accordingly.
Amendments to the Article:
No XII-576, 2013-11-07, Official Gazette, 2013, No 120-6048 (2013-11-23)
Article 27. Efficient Consumption of Energy Sources and Energy
1. The main lines for the efficient consumption of energy and energy sources shall be established by the Strategy, and measures implementing these liens shall be specified in the energy efficiency programmes and other programmes.
2. Any imported, manufactured and sold household appliance that uses electricity and other forms of energy shall be provided with energy efficiency labelling.
3. Any imported, manufactured and sold energy-related product that has a significant direct or indirect impact on the consumption of energy and/or other resources shall be provided with energy efficiency labelling and a standard product fiche.
4. The undertakings operating boilers and equipment fired by other energy sources with an effective rated output of no less than 0.4 MW shall verify the energy efficiency of this equipment in accordance with the established procedure.
6. Starting from 9 January 2013 in public buildings and from 9 July 2013 in all other buildings, compliance with specified energy efficiency requirements shall be verified:
1) heating systems with boilers installed in buildings, where the boiler rated output is over 20 kW, – once in five years;
2) heating systems with boilers installed in buildings, where the boiler rated output is over 100 kW, – once in two years. Gas-fired boilers shall be checked at least once in four years;
7. During the checks referred to in subparagraphs 1, 2 and 3 of paragraph 5 and subparagraphs 1 and 2 of paragraph 6 of this Article, the efficiency coefficient of the boilers and the boiler size compared to the building‘s heating requirements shall be assessed. The assessment of the correspondence of the boiler size to the building‘s heating requirements shall not be repeated if no changes have been made in the heating system or the building‘s heating requirements have not changed over the relevant period.
8. During the checks referred to in subparagraph 4 of paragraph 5 and subparagraph 3 of paragraph 6 of this Article, the efficiency coefficient of the air conditioning system and the system‘s size compared to the building‘s cooling requirements shall be assessed. The assessment of the correspondence of the air conditioning system‘s size to the building‘s cooling requirements shall not be repeated if no changes have been made in the air conditioning system or the building‘s cooling requirements have not changed over the relevant period.
Article 28. Qualifications and Certification of the Personnel and Energy Auditors
1. The personnel constructing and operating energy facilities and equipment and energy auditors must be properly qualified and appropriately trained to perform the tasks assigned to them. Requirements for the improvement of qualifications of the personnel constructing and operating energy facilities and equipment and energy auditors and the procedure for certifying them shall be laid down by the Ministry of Energy in accordance with the qualification requirements established in this Article and general certification requirements.
2. The personnel constructing and operating energy facilities and equipment and energy auditors must meet the requirements set for education, work experience, including work experience in the field of energy, and knowledge of energy technological processes, also qualification requirements. General and special qualification requirements for the personnel constructing and operating energy facilities and equipment and energy auditors shall be laid down by the Ministry of Energy.
3. Heads of energy undertakings that operate energy facilities of national importance or the persons authorised by them and being directly in charge of the operation of energy equipment must have a university degree or an equivalent degree, at least three years of work experience in the field of energy, also must periodically improve their qualifications, have knowledge of regulatory enactments regulating requirements for the installation, operation, and technical safety of energy equipment and fire safety of energy facilities.
4. Heads of energy undertakings that do not operate energy facilities of national importance or the persons authorised by them and being directly in charge of the operation of energy equipment must have at least a non-university degree in the relevant field of energy, adequate work experience in the field of energy, provided that such a requirement is set by a job description or regulations, also must periodically improve their qualifications, have knowledge of regulatory enactments regulating requirements for the installation, operation, and technical safety of energy equipment and fire safety of energy facilities.
Article 29. Reserves of Energy Sources
1. Energy undertakings possessing heat and/or electricity production equipment with the total capacity exceeding 5 MW and producing heat and/or electricity for sale shall hold reserves of energy sources during the cold period of the year. This provision shall not apply to energy undertakings that produce electricity from such energy sources that, due to the technical characteristics of production sources, cannot be accumulated or maintained, such as solar energy, wind energy, hydro energy, geothermal energy or industrial and/or municipal waste suitable for energy generation, where the technology employed by the waste incineration facility does not allow incinerating fuel of another type separately. Those energy undertakings that produce heat from sources of such types that, due to the technical characteristics, cannot be accumulated or maintained, such as geothermal energy or industrial and/or municipal waste suitable for energy generation, where the technology employed by the waste incineration facility does not allow incinerating fuel of another type separately, shall enter into a contract with another heat generation undertaking, operating within the same heat provision system, for the generation of the heat quantity required in case of disruptions in the fuel supply during the period referred to in paragraph 3 of this Article and for the accumulation and storage of the relevant reserves.
2. The reserve stocks of energy sources shall be accumulated, stored and replenished from the funds of those energy undertakings that are obliged to have reserves of energy sources. In case if an energy undertaking is obliged to enter into a contract with another heat generation undertaking operating within the same heat provision system under paragraph 1 above, the costs of accumulation and storage of the reserves shall be compensated to the heat generation company on the terms stipulated in the contract.
3. The amount of reserves of energy sources during the cold period shall be at least equal to the amount consumed by an energy undertaking on average during 10 calendar days, calculated according to the average 10-day consumption over the preceding three calendar years during the cold season. The cold season shall be the period from 1 November until 31 March inclusively.
4. The requirement for and the amount of reserve stocks of energy sources for the warm period of the year (from 1 April until 31 October inclusively) shall be set by energy undertakings.
TAR Note: The obligation under Article 29(1) for those energy undertakings that produce heat from sources of such types that, due to the technical characteristics of production sources, cannot be accumulated or maintained to enter into contracts with another heat generation undertaking operating within the same heat provision system, set out in Article 1 of this Law, applies from 1 January 2014 (Law No XII-554).
Amendments to the Article:
No XII-554, 2013-10-15, Official Gazette, 2013, No 111-5490 (2013-10-24)
Article 30. Energy Accounting
1. Accounts shall be kept of the energy produced, transmitted, distributed, sold, exported, imported or the energy transmitted in transit.
2. Energy meatering equipment for which a legal metrological verification has been completed according to a procedure prescribed by the Republic of Lithuania Law on Metrology shall be used for the energy accounting referred to in paragraph 1 of this Article.
3. Energy metering equipment shall be installed and operated at their own expense by the energy undertakings that control the transmission, distribution or storage energy facilities by the right of ownership or on other legitimate basis.
Article 31. Data Storage
1. Energy undertakings engaged in the activities of supply of energy or energy sources shall store for not less than five years and provide to competent state authorities, including the Commission and the Competition Council, at their request data on all their transactions with customers (excluding household customers) and transmission system operators concluded under electricity or gas supply contracts and derivative financial instruments in the electricity or gas markets.
2. The data referred to in paragraph 1 shall consist of detailed data on transactions with customers, including the term of validity of the transaction, the terms of delivery and payment, obligations of the parties, the dates and time limits of execution of the transaction, transaction prices, means of identification of the relevant wholesale customer as well as detailed information on all unfulfilled contracts for electricity or gas supply and derivative financial instruments in the electricity or gas markets.
3. The Commission may decide to make some details of transactions received from energy undertakings available to market participants, provided that the information about individual market participants or individual transactions which is deemed a commercial/industrial or professional secret is not disclosed.
Article 32. Energy Transit
1. Transit of energy or energy sources shall take place under contracts concluded between the consignor of energy or energy sources, the consignee, and energy undertakings that control the transmission energy facilities and shall be comply with the provisions of the Energy Charter Treaty having regard to the capacity of the existing transmission facilities and the priorities of meeting of the party’s needs.
Article 33. Energy Emergency
1. An energy emergency shall be declared when the supply of electricity, natural gas or petroleum products is reduced to the extent that a threat is posed to security and health of the population or the functioning of the country's economy.
2. A national level energy emergency shall be declared and lifted by a resolution of the Government. In the event of declaration of a state of emergency or state of war in accordance with the procedure prescribed by law, an energy emergency shall be declared without a separate resolution of the Government.
3. A municipal level energy emergency shall be declared and lifted by a decision of the director of a municipal administration.
4. In the event of occurrence of the circumstances specified in paragraph 1 of this Article, energy undertakings must, in accordance with the procedure laid down by the Government or an institution authorised by it, inform the Ministry of Energy and the director of a municipal administration of the reduction of energy supply and measures taken to restore energy supply.
5. Upon declaration of an energy emergency, the supply of energy and/or energy sources to customers may be restricted or suspended in accordance with the procedure laid down by the Government or an institution authorised by it. During the energy emergency, the energy undertakings carrying out the instructions of the Government, the state institutions authorised by it and/or the director of a municipal administration shall not be liable for the losses inflicted on customers due to the restriction or termination of the supply of energy or energy sources.
6. During an energy emergency, customers shall be provided with energy sources using the petroleum products accumulated at the national level in accordance with the procedure prescribed by law.
7. Upon declaration of an energy emergency, the undertakings producing, transmitting, distributing, transporting, loading and unloading oil and petroleum products, natural gas, fuels, electricity and/or heat must first meet needs of domestic customers of the Republic of Lithuania, giving priority to needs of forces of the civil protection system, as well as to facilities of strategic importance to national security and to other facilities of importance to ensuring national security.
8. Upon declaration of an energy emergency, persons must comply with the instructions of the Government, the institutions authorised by it and/or the director of a municipal administration. Where during an energy emergency energy undertakings fail to comply with the instructions, the Government or the municipal council shall have the right, throughout the duration of the energy emergency, to remove the management bodies of these undertakings and to temporarily appoint their own representatives to control the undertakings. Representatives of the Government or the municipality shall, in performing the functions of the energy undertakings' management bodies, be guided by the laws of the Republic of Lithuania and other legal acts. The representatives of the Government or the municipality shall, in acting in accordance with their respective mandates, be granted the rights, duties and responsibilities established by laws of the Republic of Lithuania for management bodies of energy undertakings, unless this Law or other legal acts governing energy emergencies provide otherwise.
9. Upon declaration of an energy emergency, the Government or the state institutions authorised by it shall have the right to regulate the export, import of and trade in oil, petroleum products, energy, and energy sources and to control and, taking into account market conditions, to set caps on the prices of petroleum products, energy sold, energy sources and services provided, where the prices are unreasonably increased.
10. Upon declaration of an energy emergency, energy sector regulation measures and other measures applied, including the measures causing market restrictions, must cause the least possible disturbance to the functioning of the internal market and may be no wider in scope than is strictly necessary to manage the threats that have arisen.
11. The Government or an institution authorised by it shall notify, without delay, the measures taken following declaration of an energy emergency to other Member States and to the European Commission. The European Commission may decide that such measures must be amended or abolished if they distort competition and adversely affect trade in a manner that is not in line with the interests of the European Union.
CHAPTER SIX
EXAMINATION OF COMPLAINTS AND DISPUTES. LIABILITY
Article 34. Settlement of Disputes Out Of Court
1. Any customer that considers that an energy undertaking, in carrying out its activities, has infringed his rights or legitimate interests related to a consumption agreement, shall first of all apply to the energy undertaking in writing, specifying his demands.
2. The energy undertaking shall consider the customer‘s application and provide a well-founded response no later than within 30 days from the date of receipt of the application. The energy undertaking shall consider the application according to its internal procedures, which shall be published on its website, and shall enable customers to familiarise themselves with such procedures by other methods.
3. Should the energy undertaking fail to satisfy the customer‘s demands or satisfy them in part, the response to the customer shall contain information about the institution for out-of-court settlement of consumer disputes or another competent authority for the settlement of the dispute. Should the customer apply to an entity for out-of-court settlement of consumer disputes, the customer shall not forfeit the right to apply to court. Customers shall be entitled to defend their rights also by other legitimate methods not specified in this Law.
4. Disputes between customers and energy undertakings shall be considered on out-of-court basis by:
1) The State Energy Inspectorate: disputes over the use of energy facilities, energy equipment and metering equipment and the termination, suspension or restriction of energy supply;
2) The Commission: disputes over actions or omissions of energy undertakings in the supply, distribution, transmission and storage of energy; connection; payments for energy consumption or services; application of state-regulated prices and/or tariffs; balancing of the flows of supply of energy and energy sources; other disputes between customers and energy undertakings in the energy area that do not fall within the scope of competence of the State Energy Inspectorate.
5. Disputes between household customers and energy undertakings shall be considered according to a procedure prescribed by the Republic of Lithuania Law on Protection of Consumer Rights (hereinafter referred to as the ‘Law on Consumer Rights Protection‘). Disputes between other (non-household) customers and energy undertakings shall be considered on out-of-court basis according to the relevant dispute settlement rules of the State Energy Inspectorate or of the Commission.
6. The State Energy Inspectorate and the Commission, having considered a dispute on out-of-court basis and having decided to satisfy the customer‘s demands in full or in part, shall also decide on the matter of obligating the energy undertaking to refund/compensate the customer for the costs incurred and the terms of such refund/compensation.
7. Decisions adopted by the State Energy Inspectorate and the Commission upon consideration of disputes between customers and energy undertakings shall take effect and be binding provided that neither party to the dispute has filed, within 30 days from the date of the decision adopted by the State Energy Inspectorate and the Commission, a lawsuit in a general court according to a procedure prescribed by the Code of Civil Procedure of the Republic of Lithuania (hereinafter referred to as the ‘Code of Civil Procedure‘) requesting a trial on the merits. Filing of an application to a general court upon adoption of the decision on the dispute by the State Energy Inspectorate or the Commission shall not be deemed to be an appeal against the decision.
8. An effective decision by the State Energy Inspectorate and the Commission shall be deemed to be a writ of execution. In case of failure to execute the decision it can be enforced according to a procedure prescribed by the Code of Civil Procedure.
9. Procedural decisions adopted by the State Energy Inspectorate and the Commission in the process of consideration of a dispute between a customer and an energy undertaking including a decision to refuse to consider a dispute or to suspend or terminate the consideration that prevent further consideration of the dispute may be appealed against by filing an appeal to a general court within 7 days from the moment of serving of the decision upon the interested party. Court decisions handed down regarding decisions referred to in this paragraph shall not be subject to appeal.
10. The Commission shall consider, on an out-of-court basis, disputes between energy undertakings arising from actions or omissions of energy undertakings in the supply, distribution, transmission and storage of energy, the failure to grant the right to energy undertakings to use networks and systems, the balancing of the flows of supply of energy and energy sources, and the application of prices and tariffs. Such disputes shall be considered according to the rules for the settlement of disputes between energy undertakings approved by the Commission. Furthermore, energy undertakings shall have the right, under the Republic of Lithuania Law on the Conciliatory Mediation in Civil Disputes, to apply to the State Energy Inspectorate or the Commission requesting to act as intermediaries and/or reconciliators in an amicable resolution of a dispute over the relations regulated by this Law or other energy laws. The State Energy Inspectorate and the Commission shall set their respective rules for conciliatory mediation.
TAR Note. Any disputes between customers and energy undertakings as well as customer complaints the consideration of which had been started before 31 December 2015 will be settled and decisions thereon will be adopted and executed according to the legal provisions that were valid until 31 December 2015.
Amendments to the Article:
No XII-576, 2013-11-07, Official Gazette, 2013, No 120-6048 (2013-11-23)
Amendments to the Article:
No XII-2089, 2015-11-26, published in TAR (Register of Legal Acts) on 2015-12-07, ID 2015-19367
Article 341. Consideration of Complaints
1. The Authority shall consider, according to the procedure prescribed by the Law on Consumer Protection, complaints filed by household customers regarding unfair terms and conditions of energy purchase and sale contracts and contracts for the connection of new household customers. The Authority shall consider, according to the procedure prescribed by the Law on Prohibition of Unfair Business-to-Consumer Commercial Practices (hereinafter referred to as the ‘Law on Prohibition of Unfair Commercial Practices’), as well as complaints of household customers regarding unfair commercial practices of energy suppliers. Upon identifying unfair commercial practices, an energy undertaking shall be held liable according to a procedure prescribed by the Law on Prohibition of Unfair Commercial Practices.
2. The State Energy Inspectorate shall consider, within the remit set in this Law and the laws governing individual energy sectors, complaints and disputes between customers and energy undertakings regarding technical safety and operation of energy facilities, energy equipment and metering equipment, energy quality requirements, technical conditions of connection to/disconnection from the energy facilities or equipment, and compliance with other statutory requirements set for the regulated energy activities.
3. The Commission shall consider, within the remit set in this Law and the laws governing individual energy sectors, complaints regarding the supply, distribution, transmission, storage of energy by energy undertakings, failure to grant the right to use networks and or/systems by energy undertakings, and compliance with other statutory requirements set for the regulated energy activities.
4. Complaints by customers referred to in paragraph 2 of this Article shall be considered according to a procedure prescribed by the Republic of Lithuania Law on Public Administration (hereinafter referred to as the ‘Law on Public Administration‘) and the Ministry of Energy of the Republic of Lithuania. Complaints by customers referred to in paragraph 3 of this Article shall be considered according to a procedure prescribed by the Law on Public Administration and the Commission.
5. Decisions made by the State Energy Inspectorate and the Commission upon consideration of complaints may be appealed against according to a procedure prescribed by the Republic of Lithuania Law on Administrative Proceedings.
TAR Note. Any disputes between customers and energy undertakings as well as customer complaints the consideration of which had been started before 31 December 2015 will be settled and decisions thereon will be adopted and executed according to the legal provisions that were valid until 31 December 2015.
Article added:
No XII-2089, 2015-11-26, published in TAR (Register of Legal Acts) on 2015-12-07, ID 2015-19367
Article 35. Liability
Persons who do not comply with or do not fulfil the requirements of this Law shall be held liable according to a procedure prescribed by this Law and other laws.
Article 36. Fines and Fine Imposition Procedure
1. To ensure compliance with the conditions of regulated activities set in legal acts, the Commission shall impose fines on energy undertakings for violations in the regulated activities except for the violations referred to in paragraph 2 of this Article:
1) for a failure to publish the information on the regulated activities of an energy undertaking to be published in a mandatory manner, a failure to provide the information specified by legal acts to the persons referred to in Article 25(1) of this Law, also for the provision of inaccurate or incomplete information, provided that these violations were not eliminated within a reasonable term, not longer than two months, set by the Commission – a fine from two hundred eighty-nine euro to an amount equal to 0.5 percent of the energy undertaking‘s income received in previous financial year from specific regulated activities in which the violation was committed;
2) for a violation of the conditions of the licensed activity as specified by other laws or a failure to comply therewith, non-performance of the Commission's orders/instructions to discontinue unlawful activities and to eliminate violations of the conditions of the licensed activity or a failure to perform them in a timely manner or a failure to fulfil with the commitments assumed – a fine from two hundred eighty-nine euro to an amount equal to 1.0 percent of the energy undertaking‘s income received in previous financial year from specific regulated activities in which the violation was committed;
3) for an infringement of the principles of security and reliability of operations, fair competition and non-discrimination of customers, with the exception of the cases referred to in paragraph 2 of this Article, for a repeated violation of the conditions of the regulated activity over the calendar year – from five hundred seventy-nine euro to 2.0 percent of the energy undertaking‘s income received in previous financial year from specific regulated activities in which the violation was committed;
4) for a failure to comply or improper compliance with the requirements of the independence of energy transmission or distribution activities and unbundling, where, within a reasonable term, not longer than two months, set by the Commission, these violations were not eliminated, a vertically integrated undertaking and/or network operator shall be subject to a fine in the amount of up to 10 percent of the energy undertaking‘s income received in previous financial year from specific regulated activities in which the violation was committed.
Amendments to the paragraph:
No XII-1176, 2014-09-25, published in TAR 2014-10-03, ID 2014-13570
2. The Commission shall impose the following fines on wholesale market participants for violations of the provisions of the Regulation (EU) No 1227/2011:
1) for a failure to provide data on wholesale energy market transactions including an order to trade, trading on a wholesale market without registration with the Commission or a national regulatory authority of another Member State, failure to timely inform the Commission about the possibility that a transaction may be in violation of Article 3 or Article 5 of the Regulation (EU) No 1227/2011, or a violation of the transparency and integrity of the wholesale energy market except for the conditions referred to in subparagraph 2 of paragraph 2 of this Article - a fine from two hundred eighty-nine euro to an amount equal to 2.0 percent of the person‘s income received in previous financial year from specific regulated activities in which the violation was committed, and if a person has not had income from such activities in previous financial year – a fine of up to fourteen thousand eighty-one euro, or the Commission shall apply to court for a temporary restriction on the person‘s activities in the wholesale energy market;
2) for trading using inside information, failure to properly disclose information and/or wholesale market manipulation/abuse – a fine from five hundred seventy-nine euro to an amount equal to 10 percent of the person‘s income received in previous financial year from specific regulated activities in which the violation was committed, and if a person has not had income from such activities in previous financial year – a fine of up to two hundred eighty-nine thousand six hundred twenty euro, or the Commission shall apply to court for a temporary restriction on the person‘s activities in the wholesale energy market.
Amendments to the paragraph:
No XII-1176, 2014-09-25, published in TAR (Register of Legal Acts) on 2014-10-03, ID 2014-13570
3. Should the person receive income or other property benefits, or avoid losses, or cause damage as a result of the violations referred to in points 1 and 2 of paragraph 2 of this Article, and the amount of such income or other property benefits, or losses, or damages exceeds the amounts of fines referred to in the said points, the Commission shall be entitled to impose a fine equal to the double amount of the income or other property benefits, or losses, or damages resulting from the violations referred to in points 1 and 2 of paragraph 2 of this Article.
4. The Commission shall apply to court for a temporary restriction on the person‘s activities in the wholesale energy market if, upon imposition of the fine by the Commission, the person has not stopped the violations referred to in points 1 and 2 of paragraph 2 of this Article within the reasonable term, no longer than two months, set by the Commission, or, under the circumstances, the temporary restriction on activities is a more effective measure than the imposition of the fine. The Commission shall impose the fine referred to in paragraph 3 of this Article in all cases where a person has received income or other property benefits, or avoided losses, or caused damage as a result of the violations referred to in points 1 and 2 of paragraph 2 of this Article.
5. In cases where actions of unfair competition or an infringement of the principle of non-discrimination against customers in the energy sector is being investigated by the Competition Council within the scope of its competence, the investigation shall be conducted, mandatory instructions to energy undertakings – wholesale energy market participants shall be given, and liability for violations shall be established including sanctions applied to energy undertakings –wholesale energy market participants, according to the procedures prescribed by the Law on Competition. For this purpose, the Commission and the Competition Council shall cooperate in order to effectively determine the scope of actions of unfair competition or infringements of the principle of non-discrimination against customers in the energy sector as well as their impact on energy customers and/or other energy undertakings – wholesale energy market participants. Energy undertakings – wholesale energy market participants shall be liable for the violations only under this Law or only under the Law on Competition depending on the remit of the Commission or the Competition Council, respectively.
6. In all cases, when imposing a fine and/or applying to court for a temporary restriction on activities in the wholesale energy market, the Commission shall set a reasonable term, no longer than two months, for the rectification of violations. Where the violation is of low significance, i. e. an energy undertaking – wholesale energy market participant has not caused substantial damage to other persons‘ interests, has stopped the violation and has rectified the consequences of the violation, and compliance with this Law can be ensured, in the circumstances, by other methods and/or means, the Commission may, applying the criteria of fairness and reasonableness, apply a penalty – a warning without imposing a fine and/or without applying to court for a temporary restriction of activities in the wholesale energy market.
7. The fines imposed on energy undertakings - wholesale energy market participants shall be differentiated taking into consideration:
8. The fact that an energy undertaking – a wholesale energy market participant that has committed a violation voluntarily prevents the harmful consequences of the violation, assists in clarifying the circumstances of the infringement and takes immediate steps to eliminate the infringement shall be regarded as mitigating circumstances.
9. The fact that an energy undertaking - a wholesale energy market participant that has committed a violation hindered the establishment of the circumstances of a violation, conceals the violation committed by it, continues the violation ignoring the Commission's instruction to terminate the unlawful activity or commits a violation for which a penalty (warning, fine, temporary restriction on activities on the wholesale market) has been imposed on the undertaking during the past 12 months shall be regarded as aggravating circumstances.
10. In determining the size of a fine, the Commission may recognise as mitigating circumstances also other circumstances not referred to in this Law.
11. The size of a fine to be imposed shall be determined according to the circumstances referred to in points 1, 2 and 3 of paragraph 7 of this Article. The size of the fine shall be reduced if mitigating circumstances exist, or increased if aggravating circumstances exist. In case if both mitigating and aggravating circumstances exist, the size of the fine shall be determined taking into account their number and significance.
12. The head and/or authorised representative of an energy undertaking – a wholesale energy market participant which is suspected of the commission of a violation and which is subject to a fine shall participate in the consideration of the imposition of the fine by the Commission and shall have the right to be heard and to provide explanations. If these persons are not present, the issue of the imposition of the fine may be considered only in the cases where there is evidence that they have been informed of the venue and time of the consideration of this issue in a timely manner and have not submitted any request to postpone the consideration of the issue. Where the request to postpone the consideration of the issue has been submitted, the issue may be considered in the absence of the person if the Commission, upon recognising the reasons for the absence of the person as invalid, rejects the person's request to postpone the consideration of the issue.
13. A decision of the Commission on imposition of a fine must be adopted within six months from the date when the violation was found. In case of a continuous violation, the fine shall be imposed no later than within six months from the establishment of the violation. No fine shall be imposed for a violation if more than five years have passed since the day of commission thereof.
14. Any violation may be subject to a fine only once. The imposition of a fine shall not release the person from the performance of the duty for a failure to comply wherewith the fine is imposed.
15. A fine imposed by the Commission shall be paid to the state budget in accordance with the procedure and within the time limit set by the Commission.
16. A decision of the Commission on imposition of a fine may be appealed against to court within 30 days from its adoption in accordance with the procedure prescribed by the Law of the Republic of Lithuania on Administrative Proceedings.
17. A decision of the Commission on imposition of a fine shall become effective upon expiry of 30 days from adoption thereof, unless it is appealed against to court within this period according to a procedure prescribed by law.
18. A decision of the Commission on imposition of a fine shall be an enforceable and enforcement document. The decision of the Commission shall be enforced in accordance with the procedure prescribed by the Code of Civil Procedure.
Article 37. Procedure for Implementing the Law
1. On receipt of a request from a customer (a natural or a legal person), energy undertakings shall buy out or operate, in accordance with the procedure and under the conditions specified by the Government or an institution authorised by it, the jointly operated energy facilities owned by the customers and installed at the customers’ cost prior to the entry into force of this Law and intended for energy transmission and/or distribution. An energy undertaking and a customer that has filed the request shall, by mutual agreement, coordinate the procedure for and conditions of buying out or taking over of the energy facilities for operation purposes, to the extent that this does not contradict the requirements set by the Government or an institution authorised by it. If the energy undertaking and the customer fail to agree on the procedure for and the terms and conditions of the buying out or takeover of the energy facilities, the energy undertaking and/or the customer may approach the Commission for the setting of such terms and conditions. In setting the terms and conditions for the buying out or takeover of the energy facilities, the Commission shall follow the principles of fairness, reasonableness and good faith and shall act in accordance with the relevant energy legislation.
2. The jointly used energy facilities owned by the State or a municipality and intended for the transmission and/or distribution of energy shall be transferred to energy undertakings entitled to engage in the relevant energy activities, according to a procedure prescribed by the Government or an institution authorised by it, at a price set on the basis of the value of the energy facility determined in accordance with legal acts governing property and business valuation. The valuation of an energy facility being sold may also be initiated by an energy undertaking provided that persons controlling the energy facility owned by the State or a municipality on a trusteeship basis give their consent. The price for the energy facilities being sold may be reduced having regard to depreciation during the period from the property valuation date until the signature of the sale contract, property valuation costs incurred by the energy undertaking or other objective value-reducing factors that were assessed during the property valuation and have changed thereafter. The energy facilities owned by the State or a municipality shall be transferred to an energy undertaking after a person controlling the facility on a trusteeship basis concludes a sale-purchase contract (‘the contract’) with the energy undertaking. The contract shall stipulate the method of compensation for the energy facility transferred, the time limits, and the purpose of use of the energy facility. The contract may only be concluded the sale of the energy facility and the draft contract are approved by the Government or a municipal council, respectively. The draft contract submitted to the Government or the municipal council for approval shall be accompanied by a substantiation of the necessity to sell the energy facility to the energy undertaking and the energy facility’s valuation report. The person that had controlled the State- or municipality-owned energy facility on a trusteeship basis shall transfer the sale revenue to the State budget or a municipal budget upon deduction of costs of valuation of the facilities sold.
3. 3. Energy undertakings shall, and in accordance with the procedure and under the terms specified by the Government, provide to an institution authorised by the Government or to the director of a municipal administration within their remit information on the operating energy facilities that have not been included in the accounting records as they have no owner or their owners are unknown (hereinafter: 'energy facilities for which no owner can be found'). The institution authorised by the Government or the director of the municipal administration shall enter the energy facilities for which no owner can be found in records in accordance with the procedure laid down by the Government and undertake measures to identify the owners of such facilities. The institution authorised by the Government or the director of the municipal administration shall lodge an application for transfer of an energy facility for which no owner can be found into the ownership of the State or a municipality with court after the lapse of four months from the entry of the facility in the records. Energy facilities for which no owner can be found and which the court transfers into the ownership of the State or a municipality shall, by a decision of the Government or a municipal council, be sold, rented or be otherwise made available for use to an energy transmission or distribution undertaking operating in the area thereof.
4. The provisions of paragraph 3 of this Article shall not apply to energy facilities which have been acquired in good faith and are lawfully operated, although their managers have not yet acquired title to such facilities on usucapion basis.
I promulgate this Law enacted by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
Annex
to the Republic of Lithuania
Law on Energy
EUROPEAN UNION LEGAL ACTS IMPLEMENTED BY THIS LAW
1. Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels (OJ 2004 special edition, Chapter 13, Volume 11, p. 186), as last amended by Directive 2008/28/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2005/32/EC establishing a framework for the setting of ecodesign requirements for energy-using products, as well as Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC, as regards the implementing powers conferred on the Commission (OJ 2008 L 81, p. 48).
2. Council Directive 92/75/EEC of 22 September1992on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances (OJ 2004 special edition, Chapter 13, Volume 11, p. 216), as last amended by Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (OJ 2010 L 153, p. 1).
3. Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (OJ 2004 special edition, Chapter 12, Volume 2, p. 168), as last amended by Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ 2010 L 153, p. 13).
4. Directive 2005/89/EC of the European Parliament and of the Council of 18 January 2006 concerning measures to safeguard security of electricity supply and infrastructure investment (OJ 2006 L 33, p. 22).
5. Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services and repealing Council Directive 93/76/EEC (OJ 2006 L 114, p. 64), as last amended by Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny (OJ 2008 L 311, p. 1).
6. Commission Regulation (EC) No 245/2009 of 18 March 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for fluorescent lamps without integrated ballast, for high intensity discharge lamps, and for ballasts and luminaires able to operate such lamps, and repealing Directive 2000/55/EC of the European Parliament and of the Council (OJ 2009 L 76, p. 17), as last amended by Commission Regulation (EU) No 347/2010 of 21 April 2010 amending Commission Regulation (EC) No 245/2009 as regards the ecodesign requirements for fluorescent lamps without integrated ballast, for high intensity discharge lamps, and for ballasts and luminaires able to operate such lamps (OJ 2010 L 104, p. 20).
7. Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ 2009 L 140, p.16).
8. Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ 2009 L 211, p. 55).
9. Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ 2009 L 211, p. 94).
10. Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (OJ 2009, L 211, p. 1).
11. Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (EC) No 2560/2003 (OJ 2009 L 211, p. 15).
12. Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ 2009 L 211, p. 36), as last amended by Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ 2009 L 309, p. 87).
13. Commission Regulation (EC) No 643/2009 of 22 July 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for household refrigerating appliances (OJ 2009 L 191, p. 53), as last amended by Commission Regulation (EC) No 643/2009 of 22 July 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for household refrigerating appliances (OJ 2009 L 226, p. 23).
14. Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (OJ 2010 L 153, p. 1).
15. Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ 2010 L 153, p. 13).
Amendments:
1.
Seimas of the Republic of Lithuania, Law
No IX-1644, 2003-06-24, Official Gazette, 2003, No 69-3118 (2003-07-10)
LAW AMENDING AND SUPPLEMENTING ARTICLES 6, 12, 16, 17 AND 18 OF THE LAW ON ENERGY
2.
Seimas of the Republic of Lithuania, Law
No X-387, 2005-11-15, Official Gazette, 2005, No 142-5104 (2005-12-03)
LAW SUPPLEMENTING ARTICLES 1, 5 AND 20 OF AND ADDING THE ANNEX TO THE LAW ON ENERGY
The Law takes effect on 1 January 2006.
3.
Seimas of the Republic of Lithuania, Law
No X-1108, 2007-05-03, Official Gazette, 2007, No 55-2124 (2007-05-19)
LAW AMENDING AND SUPPLEMENTING ARTICLES 5, 19 AND 20 OF AND THE ANNEX TO THE LAW ON ENERGY
4.
Seimas of the Republic of Lithuania, Law
No X-1767, 2008-11-06, Official Gazette, 2008, No 135-5228 (2008-11-25)
LAW AMENDING AND SUPPLEMENTING ARTICLES 2, 4, 6, 16, 17, 21, 27 AND 28 OF AND THE ANNEX TO THE LAW ON ENERGY AND ON ADDING ARTICLE 7(1) TO THE LAW
The Law except for its Article 6 takes effect on 1 January 2009.
5.
Seimas of the Republic of Lithuania, Law
No XI-130, 2009-01-12, Official Gazette, 2009, No 10-352 (2009-01-27)
LAW AMENDING ARTICLES 4, 6, 7, 8, 10, 17, 18, 24 AND 25 OF THE LAW ON ENERGY
The Law takes effect on 1 February 2009.
6.
Seimas of the Republic of Lithuania, Law
No XI-827, 2010-05-20, Official Gazette, 2010, No 67-3337 (2010-06-10)
LAW AMENDING AND SUPPLEMENTING ARTICLES 2, 6, 7(1), 16, 19, 21 AND 26 OF THE LAW ON ENERGY
7.
Seimas of the Republic of Lithuania, Law
No XI-1542, 2011-06-28, Official Gazette, 2011, No 91-4319 (2011-07-19)
LAW AMENDING ARTICLE 18 OF THE LAW ON ENERGY
The Law takes effect on 1 October 2011.
8.
Seimas of the Republic of Lithuania, Law
No XI-1888, 2011-12-22, Official Gazette, 2011, No 160-7576 (2011-12-28)
LAW AMENDING THE LAW ON ENERGY
New version of the Law
The Law except for Article 27(6) of the Law on Energy as set in its Article 1 takes effect on 1 January 2012.
Article 27(6) of the Law on Energy as set in Article 1 of this Law takes effect on 9 January 2013.
Article 27(5) of the Law on Energy as set in Article 1 becomes invalid on 9 July 2013.
Provisions of Article 27(5) of the Law on Energy as set in Article 1 of this Law apply, from 9 January 2013, to the verification of compliance with the set energy efficiency requirements of all buildings except for public buildings.
9.
Seimas of the Republic of Lithuania, Law
No XI-2093, 2012-06-21, Official Gazette, 2012, No 76-3936 (2012-06-30)
LAW AMENDING AND SUPPLEMENTING ARTICLE 1 OF THE LAW ON ENERGY
10.
Seimas of the Republic of Lithuania, Law
No XII-382, 2013-06-18, Official Gazette, 2013, No 68-3414 (2013-06-28)
LAW AMENDING ARTICLES 2, 19 AND 23 OF AND ADDITNG ARTICLE 19(1) TO THE LAW ON ENERGY
The Law except for Article 5(4) takes effect on 1 July 2013.
Prices for centrally supplied liquefied petroleum gas set by energy undertakings are valid until 1 December 2013. Requirements of Article 30 (2) and (3) of the Republic of Lithuania Law on Energy apply to the energy undertakings that centrally supply liquefied petroleum gas to customers from 1 July 2014.
11.
Seimas of the Republic of Lithuania, Law
No XII-554, 2013-10-15, Official Gazette, 2013, No 111-5490 (2013-10-24)
LAW AMENDING ARTICLE 29 OF THE LAW ON ENERGY
The obligation under Article 29(1) of the Republic of Lithuania Law on Energy for those energy undertakings that produce heat from sources of such types that, due to the technical characteristics of production sources, cannot be accumulated or maintained to enter into contracts with another heat generation undertaking operating within the same heat provision system, set out in Article 1 of this Law, applies from 1 January 2014.
12.
Seimas of the Republic of Lithuania, Law
No XII-576, 2013-11-07, Official Gazette, 2013, No 120-6048 (2013-11-23)
LAW AMENDING AND SUPPLEMENTING ARTICLES 2, 8, 26, 34 AND 36 OF AND THE ANNEX TO THE LAW ON ENERGY
The provision of Article 36(1) of the Republic of Lithuania Law on Energy to the effect that the Commission, in order to ensure compliance with the conditions of regulated activities set in legal acts, shall apply sanctions to energy undertakings for violations committed in the regulated activities without setting the time limit for the rectification of violations, set out in Article 5 of this Law, applies only to violations committed by energy undertakings after this Law takes effect.
Amendments:
1.
Seimas of the Republic of Lithuania, Law
No XII-1176, 2014-09-25, published in TAR 2014-10-03, ID 2014-13570
Law Amending Article 36 of the Republic of Lithuania Law on Energy No IX-884
2.
Seimas of the Republic of Lithuania, Law
No XII-1533, 2014-12-23, published in TAR 2014-12-31, ID 2014-21290
Law Amending Articles 2, 6 and 15 of the Republic of Lithuania Law on Energy No IX-884