Consolidated version valid from 1 January 2017 until 31 October 2019
REPUBLIC OF LITHUANIA
LAW ON FISHERIES
27 June 2000 No VIII-1756
(As last amended on 29 June 2016 No XII-2532)
Vilnius
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose and territorial application of the Law
1. This Law shall regulate public relations arising in the areas of fishing, management, conservation and recovery of fish stocks, aquaculture, fish processing and making available on the market of fisheries products.
2. The objective of this Law shall be to ensure sustainable fishing, conservation and recovery of fish stocks, taking into account the ecological conditions, fisheries economy and the interests of fishermen, fish farmers, processors and consumers.
3. The provisions of this Law shall apply on the land territory of the Republic of Lithuania, its inland waters, territorial sea and exclusive economic zone, and on board fishing vessels of the Republic of Lithuania – in marine waters.
4. This Law shall have the aim of harmonising the regulation of the fisheries sector with the legal acts of the European Union specified in the Annex to this Law.
Article 2. Definitions
1. Aquaculture shall mean the rearing and/or cultivation of aquatic organisms using techniques intended to increase the production beyond the natural capacity of the environment.
2. Aquaculture products shall mean aquatic organisms at any stage of their life cycle resulting from any aquaculture activity as well as products derived from such organisms.
3. Aquaculture producer organisation shall mean a legal person established by fish farmers for improving the marketing conditions of aquaculture products and recognised by the Ministry of Agriculture of the Republic of Lithuania (hereinafter: the ‘Ministry of Agriculture’) or an institution authorised by it.
4. Aquaculture pond shall mean an artificial water body set up on the surface of land, in its trench, pit or a river bed, containing embankments, fish harvesting pits, hydrotechnical constructions and equipment (equipment for the reinforcement of banks, hydrotechnical constructions for the discharge and intake of water and channels, locks, sills and culverts for the drainage of the bed) and used for aquaculture.
41. Selective commercial fishing shall mean commercial fishing aimed at catching certain sizes and/or species of fish without catching and harming other fishes.
42. Selective commercial fishing gear shall mean commercial fishing gear designed to catch certain sizes and/or species of fish but not catch and harm other fishes.
5. High seas shall be interpreted as defined in Article 2(22) of Regulation (EC) No 1005/2008.
51. European Union waters shall be interpreted as defined in Article 4(1)(1) of Regulation (EU) No 1380/2013.
6. European Union fishing vessel shall mean a fishing vessel flying the flag of a Member State of the European Union and registered in the European Union fishing fleet register.
7. Geographical fishing area shall mean a sea area that is considered as a unit for the purposes of geographical classification in fisheries expressed by reference to a FAO (Food and Agriculture Organization of the United Nations) sub-area, division or sub-division, or where applicable an ICES (International Council for the Exploration of the Sea) statistical rectangle, fishing effort zone, economic zone or area bounded by geographical coordinates.
8. Individual fishing opportunities shall mean a share of fishing opportunities established for the Republic of Lithuania which is allocated to an economic entity.
9. Intervention storage of fishery products shall mean an intervention mechanism for market stabilisation where the fishery products listed in Annex II to Regulation (EU) No 1379/2013 are not marketed below the trigger price fixed in compliance with Article 31 of Regulation (EU) No 1379/2013, but are stabilised or processed and stored and reintroduced from storage into the market at a later stage.
10. Marine waters shall mean the states’ territorial seas, contiguous zones, exclusive economic zones and the high seas.
11. Free fishing capacity shall mean the fishing capacity of vessels removed from the database of vessels fishing in marine waters, without applying the fishing capacity adjustment measure referred to in Article 22(5) of Regulation (EU) No 1380/2013; a vessel/vessels below such capacity are not included in the database of vessels fishing in marine waters.
12. Fishing vessel of the Republic of Lithuania shall mean a fishing vessel registered in the European Union’s Fisheries Fleet Register, flying the flag of the State of Lithuania and holding a licence of a fishing vessel of the Republic of Lithuania.
13. Licence of a fishing vessel of the Republic of Lithuania shall mean a document defined in Article 4(9) of Regulation (EC) No 1224/2009 issued by an institution authorised by the Ministry of Agriculture.
14. Passive gear shall mean any fishing gear for which the catch operation does not require an active movement of the gear.
141. Transferable right to fishing opportunities in marine waters (hereinafter: the ‘right to fishing opportunities’) shall mean an entitlement granted to an economic entity to the share (in percentage) of fishing opportunities for certain species in the marine waters established for the Republic of Lithuania, which is transferable to another economic entity.
15. Transferable right to a fishing quota in inland waters (hereinafter: the ‘right to a fishing quota’) shall mean an entitlement granted to an economic entity to obtain a certain commercial fishing quota in a body of inland water, which is transferable to another economic entity.
151. Transferable right to use commercial fishing gear for coastal fishing (hereinafter: the ‘right to use fishing gear’) shall mean an entitlement granted to an economic entity to use a certain amount of particular commercial fishing gear for fishing in a particular coastal fishing section, which is transferable to another economic entity.
16. First sale of fishery products shall mean the sale of fishery products caught, treated or processed on board and landed in a port or the sale of such products from fishing vessels and other vessels carrying fishery products.
17. Buyer of fishery products at first sale shall mean an economic entity or a fishery producer organisation buying fishery products at first sale in the territory of the Republic of Lithuania.
18. Buying-in of fishery products at first sale shall mean the buying-in of fishery products caught, treated or processed on board and landed in a port or the buying-in of such products from fishing vessels and other vessels carrying fishery products.
19. Industrial aquaculture pond farm shall mean a territory and a network of aquaculture ponds of different categories (spawning, rearing, grow-out, primary, wintering and quarantine) equipped therein, together with the constructions and equipment used for aquaculture.
20. Coastal fishing shall mean fishing in a coastal fishing zone, designated by an order of the Minister of Agriculture of the Republic of Lithuania, by vessels not exceeding 12 metres and using passive fishing gear or fishing gear operated from the shore.
21. Mandatory instruction shall mean an obligation on an economic entity by an officer of fisheries control to implement, within a certain time limit, the requirements of laws or other legal acts regulating the exploitation of fish stocks or to take measures to avoid infringements of the laws and other legal acts regulating the exploitation of fish stocks or damage to the fish stocks or to reduce such damage, or to eliminate the consequences arising from infringements of the laws or other legal acts regulating the exploitation of fish stocks, or to implement measures for recovery of fish stocks.
211. Regional fisheries management organisation shall mean a subregional, regional or a similar organisation with competence, as recognised under international law, to establish conservation and management measures for fish stocks placed under its responsibility by virtue of the convention or agreement by which it was established.
22. Special fishing shall mean fishing for scientific or veterinary research, monitoring, fish breeding, biological drainage and training purposes.
23. Directed commercial fishing shall mean commercial fishing in which the catch of a single species exceeds 50 per cent of the total weight of the catch and/or in which commercial fishing gear is used for catching certain species.
231. Fixed net shall mean commercial fishing gear made up of one or several pieces of net hung jointly in parallel on a single headline and held vertically in the water from above by floats or a floating rope (headline) and from below – by weights or a weighing down rope (headline) and which catches fish by entangling or enmeshing them in the netting. When using such a net in marine waters and the Curonian Lagoon, it shall be anchored at both ends of the net.
24. Inter-branch fishery organisation shall mean an association recognised by the Ministry of Agriculture or an institution authorised by it which unites economic entities engaged in the production, marketing and/or processing of fisheries products and which is established for developing the market and improving the marketing of fisheries products.
241. Distant fishing areas shall mean the exclusive economic zones of the states bordering the marine waters (except for the Baltic Sea) and the high seas, including the areas located further than the Baltic Sea and administered by regional fisheries management organisations.
25. Pond aquaculture shall mean the cultivation, rearing and capture of aquatic organisms in aquaculture ponds.
26. Economic entity shall mean a citizen of the Republic of Lithuania, another Member State of the European Union or any other natural person who enjoys the rights of movement within Member States conferred upon him by European Union legal acts, or a legal person established in the Republic of Lithuania or another Member State, any other organisation or their branches.
27. Closed aquaculture system shall mean an aquaculture system with a closed water cycle in which the necessary physical and chemical indicators of water are maintained.
28. Foreign state shall mean a state other than a Member State of the European Union.
29. Water body shall mean a body of marine or inland waters.
30. Means of waterborne transport shall mean a vessel or another waterborne device or tool.
31. Commercial fishing shall mean fishing using commercial fishing gear in accordance with the established procedure.
32. Commercial fishing gear shall mean the fishing gear listed in Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (hereinafter: ‘Regulation (EC) No 26/2004’) (OJ 2004 special edition, Chapter 4, Volume 7, p. 3), as last amended in Table 3 of Annex I to Commission Regulation (EC) No 1799/2006 of 6 December 2006 (OJ 2006 L 341, p. 26).
33. Inland waters shall mean all bodies of surface water and transitional waters within the land territory of the Republic of Lithuania.
331. Infringement of legislation regulating fisheries (hereinafter: an ‘infringement’) shall mean an infringement of legal acts laying down the requirements for fisheries which is subject to administrative liability provided for in the Code of Administrative Offences of the Republic of Lithuania and/or liability provided for in this Law.
34. Fisheries shall mean activities involving the management, conservation and recovery of fish stocks, also fishing, aquaculture, fish processing and first sale and buying-in of fisheries products at first sale.
35. Fisheries control shall mean activities of institutions and officials authorised by the State which are aimed at ensuring the legitimacy and procedure of use of fish stocks and which include the prevention of infringements of laws and legal acts regulating the use of fish stocks, termination of infringements, identification of natural persons and economic entities guilty of committing the infringements and initiation of proceedings against them in accordance with the procedure laid down by laws.
36. Fisheries products shall mean fishery and aquaculture products.
37. Production of fisheries products shall mean activities covering the primary production (production of fisheries products, including fish farming and catching) and primary processing (treatment during which the product obtained from the fisheries product without altering its chemical composition is also a fisheries product).
38. Processing of fisheries products shall be interpreted as defined in Article 4(21) of Regulation (EC) No 1224/2009.
39. Fish shall mean all species of fish, lamprey, crustaceans, molluscs and other aquatic invertebrates.
40. Fish breeding shall mean the breeding, nursing and transfer of fish from one water body into another, also catching and keeping the reproducers for the recovery, maintenance and increase of fisheries resource.
41. Fish farmer shall mean an economic entity farming fish in fresh or marine waters and creating artificial feeding and living conditions for them.
42. Fish trap shall mean stationary fishing gear of one or several compartments made so that fish does not become entangled therein but is directed into the compartments and remains alive.
43. Fish harvesting pit shall mean a special pit designed to harvest fish in which the fish concentrates when water is drained from an aquaculture pond.
44. Fish stocks shall mean all freshwater and marine fish which is used or may be used for human needs, except for artificially farmed fish.
45. Conservation and recovery of fish stocks shall mean legal, material and financial measures contributing to maintaining stable, naturally recovering fish populations or recovering the endangered fish populations.
46. User of fish stocks shall mean an economic entity entitled by the Ministry of Agriculture or the Ministry of Environment of the Republic of Lithuania (hereinafter: the ‘Ministry of Environment’) or by the owner of a private inland water body to use fish stocks in accordance with the procedure laid down by this Law or the owner of the private inland water body.
47. Fishing activity shall be interpreted as defined in Article 4(1) of Regulation (EC) No 1224/2009.
48. User of a fishing ground shall be interpreted as defined in the Law of the Republic of Lithuania on Recreational Fishing (hereinafter: the ‘Law on Recreational Fishing’).
49. Fishing area shall mean a part of a water body bounded by geographical coordinates.
50. Fishing opportunities shall mean an entitlement granted to a state to fish for certain species in a certain geographical fishing area, expressed in terms of allowable catches of certain species and/or fishing effort.
51. Fishing quota shall mean a fishing limit or a share thereof allocated to an economic entity in an inland water body or individual fishing opportunities in marine waters, expressed in terms of maximum allowable catches of certain species.
52. Fishing vessel shall be interpreted as defined in Article 4(31) of Regulation (EC) No 1224/2009.
53. Fishing authorisation shall mean a document entitling to carry out fishing activities under the conditions specific therein.
54. Fishing limit shall mean either the maximum allowable catch or the number of fishing gear, or fishing days, or fishing sites established for a body of inland water.
55. Fishing capacity shall mean a fishing vessel’s gross tonnage in GT and its power in kW. The fishing capacity of certain fisheries may be expressed in terms of the amount and/or size of fishing gear.
56. Fishing effort shall mean the product of the capacity and the duration of fishing activity of a fishing vessel. For a group of vessels, it shall mean the sum of fishing effort exerted by each vessel of the group.
57. Fishing surveillance shall mean the observation of fishing activities carried out by vessels or aircraft used for fisheries control, a satellite-based vessel monitoring system and also by using other technical detection and identification methods in order to ensure fisheries control.
58. Fishery products shall mean aquatic organisms resulting from any fishing activities as well as products derived from such organisms.
59. Fishery producer organisation shall mean a legal person established by users of fish stocks engaged in commercial fishing for improving the marketing conditions of fishery products and recognised by the Ministry of Agriculture or an institution authorised by it.
60. Fishery observer shall mean a natural person empowered by an institution authorised by the Ministry of Agriculture to monitor the compliance by the master of a fishing vessel of the Republic of Lithuania and other crew members with fisheries legislation.
61. Fishing zone shall mean a body of water or a part thereof in which certain fishing rules apply.
Article 3. State management of the fisheries sector
1. State management of the fisheries sector shall be carried out by the following:
1) the Ministry of Agriculture – shaping the fisheries policy of the Republic of Lithuania, organising, coordinating and controlling (monitoring) its implementation, participating in the shaping of the European Union’s common fisheries policy, organising, coordinating and controlling (monitoring) its implementation and fisheries research in the marine waters and exercising control (monitoring) of the use of fish stocks in marine waters;
2) the Ministry of Environment – shaping policy for the use and control (monitoring) of fish stocks in inland waters, organising, coordinating and controlling (monitoring) its implementation and fisheries research in inland waters;
3) the Ministry of Agriculture and the Ministry of Environment – shaping policy for the conservation and recovery of fish stocks in inland waters and organising, coordinating and controlling (monitoring) its implementation.
2. With a view to advising the Minister of Agriculture and the Minister of Environment and submitting proposals and recommendations on the shaping and implementation of fisheries policy, the Fisheries Board shall be established, composed of representatives delegated by the Government of the Republic of Lithuania (hereinafter: the ‘Government’), representatives of fisheries business and scientists. The regulations and composition of the Fisheries Board shall be approved by the Minister of Agriculture and the Minister of Environment.
Article 4. Production of fisheries products
The production of fisheries products shall be assigned to agricultural activities.
Article 5. State information systems of fisheries data
1. The Ministry of Agriculture or an institution authorised by it shall, in accordance with the procedure laid down in the Law of the Republic of Lithuania on Management of State Information Resources, set up a state information system of fisheries data or several systems, if necessary.
2. The functions of the administrator of state information systems of fisheries data shall be performed by an institution authorised by the Ministry of Agriculture and/or a state enterprise the rights of the owner whereof are exercised by the Ministry of Agriculture. Funds from the state budget (including EU funds) for the performance of these functions may, in accordance with the procedure laid down by laws, be allocated to the state enterprise the rights of the owner whereof are exercised by the Ministry of Agriculture.
3. The Ministry of Agriculture or an institution authorised by it shall perform the functions of the national correspondent responsible for the exchange of information with the European Commission on the drawing up and implementation of the Lithuanian National Fisheries Data Collection Programme.
4. Information on the use of fish stocks in inland waters, biological data of inland waters and other information shall be held, managed and used by the Ministry of Environment or an institution authorised by it.
5. The Government shall establish the departmental Register of Transferable Rights in the Fishing Sector, approve its regulations and appoint the administrator of this Register. The Ministry of Agriculture shall be the manager of the Register of Transferable Rights in the Fishing Sector, which shall be a part of the state information system of fisheries data.
6. The object of the Register of Transferable Rights in the Fishing Sector shall be the rights to a fishing quota, the rights to fishing opportunities and the rights to use fishing gear.
7. The Register of Transferable Rights in the Fishing Sector shall be financed from the state budget of the Republic of Lithuania (including EU funds) and other sources of financing indicated in the regulations of this Register.
8. Economic entities engaged in fisheries shall provide the data specified in the European Union legislation or the data necessary for the assessment of the state and performance of an analysis of the fisheries of the Republic of Lithuania in accordance with the procedure established by the Ministry of Agriculture or an institution authorised by it or the Ministry of Environment or an institution authorised by it, within their respective remit.
Article 6. Regulation of fishing activity
1. Regulatory measures for fishing activity shall be established and applied on the basis of fisheries research data and in order to ensure opportunities for the natural recovery of fish stocks, to maintain the optimal productivity of marine and inland water bodies and to avoid negative alterations to aquatic ecosystems.
2. Regulatory measures for fishing activity may be as follows:
1) fixing fishing opportunities or fishing limits for certain species;
2) fixing the allowed fishing gear, its number and fishing methods;
3) restricting fishing capacity in relevant geographical fishing areas;
4) fixing the minimum amount of catch;
5) prohibiting or restricting fishing activity at certain times and/or certain sites;
6) prohibiting fishing for certain species;
7) fixing the boundaries of the coastal and Curonian Lagoon fishing zone;
8) fixing the boundaries of the coastal and Curonian Lagoon fishing areas;
9) fixing the procedure for the marking of fishing gear.
3. Regulatory measures for fishing activity in marine waters shall be established by the European Union legislation, while measures which are not regulated by the European Union legislation shall be established by the Minister of Agriculture or an institution authorised by him. Regulatory measures for fishing in inland waters shall be established by the Minister of Environment. The Minister of Environment shall fix the fishing limits in inland waters, prohibit or restrict commercial fishing in inland waters at certain times (or at certain sites), or prohibit fishing for certain species only on the basis of data of fish stocks research carried out in accordance with the procedure laid down in paragraph 6 of this Article.
4. The procedure for granting the right to a fishing quota, its suspension, lifting of the suspension and withdrawal of the right to a fishing quota shall be established by the Minister of Agriculture. The right to a fishing quota shall, in compliance with the provisions of Article 141 of this Law, be granted by the Commission Granting the Transferable Right to a Fishing Quota in Inland Waters, which shall consist of representatives of the Ministry of Agriculture, the Fisheries Service under the Ministry of Agriculture of the Republic of Lithuania (hereinafter: the ‘Fisheries Service’) and the Ministry of Environment.
5. The procedure for allocating individual fishing opportunities in marine waters and commercial fishing quotas in inland waters shall be established by the Minister of Agriculture. Individual fishing opportunities and commercial fishing quotas in inland waters shall, on the basis of the granted right to a fishing quota, be allocated by an institution authorised by the Minister of Agriculture.
6. Research on fish stocks in the Baltic Sea and the Curonian Lagoon shall be carried out each year, and in other inland water bodies exceeding 200 hectares in which commercial fishing is permitted – at least every five years. Research on fish stocks in the remaining inland water bodies in which commercial fishing is permitted shall be carried at least every ten years. Research on fish stocks in inland waters shall be carried out in accordance with the procedure established by the Minister of Environment, while in marine waters – in accordance with the procedure established by the Minister of Agriculture. Economic entities carrying out research on fish stocks must, in accordance with the set procedure, submit the research data to the Ministry of Agriculture and the Ministry of Environment.
7. Research on fish stocks in water bodies of national significance shall be financed from the Environmental Protection Support Programme or funds from other programmes implemented by the Ministry of Environment or the Ministry of Agriculture or at the expense of economic entities in accordance with the procedure established by the Government.
CHAPTER TWO
RIGHTS AND DUTIES OF USERS OF FISH STOCKS
Article 7. Rights of users of fish stocks
1. Users of fish stocks shall have the following rights:
1) to engage in commercial fishing under the conditions specified in a fishing authorisation;
2) to use coastal protection strips for activities related to fishing on the basis of land servitudes;
3) receive compensation for losses where fishing opportunities are lost (also for a fixed period) due to the economic activities of the authorities, state or municipal enterprises or agencies, including the economic activities carried out on their behalf, except for the cases where fishing opportunities are lost due to the set regulatory measures for fishing activity.
2. The procedure and rates for calculating the losses incurred in marine waters shall be established by the Ministry of Agriculture and in inland waters – by the Ministry of Environment.
3. Where fishing opportunities are lost due to the fact that the users of fish stocks fail to comply with the requirements of legal acts, the losses incurred by such users shall not be compensated for.
Article 8. Duties of users of fish stocks
Users of fish stocks must:
1) rationally use and conserve fish stocks;
2) comply with international agreements regulating fishing activity and conservation of fish stocks, EU legislation, requirements of laws and other legal acts of the Republic of Lithuania and conditions set in fishing authorisations;
3) allocate funds for the recovery and conservation of fish stocks in inland waters, if engaged in commercial inland fishing. The procedure for allocating such funds shall be established by the Minister of Agriculture;
4) where it emerges that the fish stocks used are in danger, take measures to prevent it, and where adverse effects have occurred, eliminate them without delay and inform thereof the Ministry of Environment and the owners of private inland water bodies;
5) compensate for damage caused to the fish stocks through unlawful actions;
6) comply with the requirements of officials from the Ministry of Environment or an institution authorised by it and the Fisheries Service.
CHAPTER THREE
FISHING VESSELS OF THE REPUBLIC OF LITHUANIA
Article 9. Crew of a fishing vessel of the Republic of Lithuania
1. A fishing vessel of the Republic of Lithuania shall be crewed in accordance with the procedure laid down in the Law of the Republic of Lithuania on Maritime Shipping.
2. Masters of fishing vessels of the Republic of Lithuania shall have the rights and duties laid down in the legislation of the Republic of Lithuania and the EU as well as international treaties.
Article 10. Fishing vessels of the Republic of Lithuania
1. Fishing vessels of the Republic of Lithuania fishing in marine waters must be included in the data system of vessels fishing in marine waters, which is a part of the European Union Fishing Fleet Register.
2. A licence of a fishing vessel of the Republic of Lithuania shall be issued after the fishing vessel has been entered in the data system of vessels fishing in marine waters. The licence of a fishing vessel of the Republic of Lithuania shall be issued by an institution authorised by the Minister of Agriculture.
3. The fishing capacity of fishing vessels of the Republic of Lithuania included in the data system of vessels fishing in marine waters may not exceed the fishing capacity ceilings set for the Republic of Lithuania in Annex II to Regulation (EU) No 1380/2013.
Article 11. Fishing capacity
1. In the case of the bareboat charter of a fishing vessel belonging by the right of ownership to the owner of the fishing vessel of the Republic of Lithuania or to a citizen of the EU Member State or a foreign national, or a legal person or another organisation registered in a foreign state, the fishing capacity indicated in the licence of the fishing vessel of the Republic of Lithuania shall belong by the right of ownership to the charterer of the fishing vessel of the Republic of Lithuania, and in the case of removal of the fishing vessel from the data system of vessels fishing in marine waters, except for the case provided for in Article 22(6) of Regulation (EU) No 1380/2013, the corresponding free fishing capacity.
2. The free fishing capacity may be utilised by including a fishing vessel in the data system of vessels fishing in marine waters or by increasing the fishing capacity of a fishing vessel included in the data system of vessels fishing in marine waters.
3. Where a natural or legal person or another organisation acquires the right of ownership to a fishing vessel of the Republic of Lithuania, it shall be considered that the right of ownership to the fishing capacity of that fishing vessel as indicated in the licence of the fishing vessel of the Republic of Lithuania is transferred together with the fishing vessel of the Republic of Lithuania, unless otherwise provided for in the agreement. Where the right of ownership to the fishing capacity of the fishing vessel of the Republic of Lithuania is transferred together with the right of ownership to that fishing vessel, the licence of the fishing vessel of the Republic of Lithuania must be renewed. Where the right of ownership to the fishing vessel of the Republic of Lithuania is transferred without the fishing capacity of that fishing vessel as indicated in the licence of the fishing vessel of the Republic of Lithuania, the licence of that fishing vessel of the Republic of Lithuania must be withdrawn before the transfer of the right of ownership to the fishing vessel of the Republic of Lithuania.
4. The procedure for calculating fishing capacity shall be established by the Ministry of Agriculture. Records of the fishing capacity shall be kept by the Fisheries Service.
5. Natural and legal persons or other organisations not entitled to register a vessel in the Register of Seagoing Ships of the Republic of Lithuania or the Register of Inland Waterway Ships of the Republic of Lithuania may not acquire the right of ownership to the fishing capacity of a fishing vessel of the Republic of Lithuania and to the free fishing capacity.
6. The Ministry of Agriculture or an institution authorised by the Minister of Agriculture shall draw up and submit to the European Commission a report on the balance between the fishing capacity of fishing vessels of the Republic of Lithuania and fishing opportunities, as provided for in Article 22 of Regulation (EU) No 1380/2013.
Article 12. Certification of propulsion engine power of a fishing vessel of the Republic of Lithuania
1. An economic entity who has been issued a licence of a fishing vessel of the Republic of Lithuania shall, prior to installing a new propulsion engine or replacing or technically modifying an existing propulsion engine of the fishing vessel of the Republic of Lithuania, inform thereof the Fisheries Service in accordance with its established procedure.
2. The certification of the power of new propulsion engines of fishing vessels of the Republic of Lithuania, replacement propulsion engines and propulsion engines that have been technically modified whose power exceeds 120 kilowatts (kW), except for vessels using exclusively passive fishing gear, support vessels and vessels used exclusively in aquaculture, shall be carried out by the Fisheries Service or classification societies having technical capability to carry out the certification of engine power of fishing vessels (hereinafter: ‘classification societies’) or engine manufacturers.
3. After installing a new propulsion engine or replacing or technically modifying an existing propulsion engine, an economic entity shall apply to the Fisheries Service or a classification society or the engine manufacturer for a certificate attesting that the propulsion engine of a fishing vessel of the Republic of Lithuania is not capable of developing more than the maximum continuous engine power stated in the certificate.
4. Upon establishing that a new propulsion engine has been installed in a fishing vessel of the Republic of Lithuania or an existing propulsion engine has been replaced or technically modified while an economic entity does not hold a certificate of propulsion engine power of the fishing vessel of the Republic of Lithuania, the Lithuanian Maritime Safety Administration shall notify the Fisheries Service thereof.
5. The Fisheries Service shall approve a sampling plan for verification of the propulsion engine power of a fishing vessel of the Republic of Lithuania and shall perform verification of the propulsion engine power of fishing vessels of the Republic of Lithuania.
Article 13. Issuance of a licence of a fishing vessel of the Republic of Lithuania, suspension of the licence, lifting of the suspension, replacement of the licence and its withdrawal
1. A fishing vessel managed by an economic entity shall be included in the data system of vessels fishing in marine waters and the economic entity shall be issued a licence of the fishing vessel of the Republic of Lithuania if the economic entity complies with all the requirements specified in this paragraph:
1) the economic entity has submitted an application for the licence of the fishing vessel of the Republic of Lithuania;
2) the economic entity holds the fishing vessel by the right of ownership or manages it on some other legitimate basis;
3) the fishing vessel is registered in the Register of Seagoing Ships of the Republic of Lithuania or the Register of Inland Waterway Vessels of the Republic of Lithuania;
4) the economic entity has a valid authorisation for the vessel to fly the flag of the State of Lithuania or an authorisation for the vessel to temporarily fly the flag of the State of Lithuania;
5) the economic entity has a valid document attesting to the seaworthiness of the fishing vessel;
6) the economic entity holds no issued licence of the fishing vessel of the Republic of Lithuania the validity whereof has been suspended for the fishing vessel in respect of which an application has been submitted;
7) the fishing vessel is not registered in the European Union’s Fisheries Fleet Register in another Member State;
8) the fishing capacity ceilings set for the Republic of Lithuania are not exceeded upon inclusion of the fishing vessel in the data system of vessels fishing in marine waters;
9) the economic entity has free fishing capacity which is not less than the fishing capacity of the fishing vessel applying for the licence of the fishing vessel of the Republic of Lithuania;
10) the previously issued licence of the fishing vessel of the Republic of Lithuania has not been permanently withdrawn for the fishing vessels applying for the licence of the fishing vessel of the Republic of Lithuania, under the measure specified in Article 92(3) of Regulation (EC) No 1224/2009.
2. An application for a licence of a fishing vessel of the Republic of Lithuania and documentary evidence of compliance with certain requirements specified in paragraph 1 of this Article (hereinafter: ‘documents for the issuance of a licence’) may be submitted at a distance by electronic means through the point of single contact specified in the Law of the Republic of Lithuania on Services (hereinafter: the ‘point of single contact’) or by applying directly to an institution authorised by the Ministry of Agriculture. The institution authorised by the Ministry of Agriculture shall, within five working days from the date of receipt of the documents for the issuance of the licence, send an acknowledgement of receipt of the documents to the applicant.
3. The institution authorised by the Ministry of Agriculture shall, not later than within ten working days from the date of receipt of the documents for the issuance of a licence, issue the licence of a fishing vessel of the Republic of Lithuania or notify of refusal to issue it, specifying the reasons for refusal, in the manner in which the documents for the issuance of the licence were received or in any other manner indicated by the applicant in the application.
4. Where the applicant submits an incomplete set of documents for the issuance of a licence or an application is incomplete or not duly executed, the institution authorised by the Ministry of Agriculture shall, within five working days from the date of receipt of the documents for the issuance of the licence, notify the applicant thereof in writing and inform that the time limit for the issuance of the licence of a fishing vessel of the Republic of Lithuania will run from the date of receipt of all the missing documents or information.
5. A licence of a fishing vessel of the Republic of Lithuania shall be suspended, making a mark in the database of vessels fishing in marine waters as specified in Article 131(1) of Regulation (EU) No 404/2011, in the presence of at least one of the following conditions:
1) where a decision to detain the fishing vessel of the Republic of Lithuania in accordance with the procedure laid down in Article 51 of this Law is adopted;
2) the number of points indicated in Article 129(1) of Regulation (EU) No 404/2011 has been accumulated;
3) the economic entity submits information to the Fisheries Service about the envisaged installation of a new propulsion engine in the fishing vessel of the Republic of Lithuania or replacement or technical modification of the existing propulsion engine. In that case, the licence of the fishing vessel of the Republic of Lithuania shall be suspended from the start of the envisaged works on the installation of the new propulsion engine in the fishing vessel of the Republic of Lithuania or replacement or technical modification of the existing propulsion engine;
4) it is established that fishing activities are carried out with the fishing vessel of the Republic of Lithuania the fishing capacity whereof exceeds the capacity indicated in the licence of the fishing vessel of the Republic of Lithuania, or that the propulsion engine of the fishing vessel of the Republic of Lithuania has been replaced or technically modified and the economic entity holds no certificate of propulsion engine power of the fishing vessel of the Republic of Lithuania.
6. The suspension of a licence of a fishing vessel of the Republic of Lithuania shall be lifted when the circumstances that caused the suspension of the licence cease to exist:
1) a decision to detain the fishing vessel of the Republic of Lithuania is repealed or the decision to detain the fishing vessel of the Republic of Lithuania expires in accordance with the procedure laid down in Article 52 of this Law;
2) the time limit indicated in Article 92(3) of Regulation (EU) No 1224/2009 expires;
3) after carrying out certification of the power of a new propulsion engine of the fishing vessel of the Republic of Lithuania, or the power of the propulsion engine that has been replaced or technically modified, it is confirmed that the power of the new propulsion engine of the fishing vessel of the Republic of Lithuania or that of the replaced or technically modified propulsion engine has not changed and corresponds to the power indicated in the licence of the fishing vessel of the Republic of Lithuania.
7. A licence of a fishing vessel of the Republic of Lithuania must be renewed changing the data in the database of vessels fishing in marine waters accordingly in the presence of at least one of the following conditions:
1) the data on fishing capacity indicated in the licence of the fishing vessel of the Republic of Lithuania have changed due to modification of the fishing vessel of the Republic of Lithuania, where the economic entity has free fishing capacity which is used to increase the fishing capacity of the fishing vessel of the Republic of Lithuania and the requirements laid down in Article 12 of this Law have been fulfilled;
2) other data indicated in the licence of the fishing vessel of the Republic of Lithuania have changed (except for the data on the fishing capacity).
8. Upon replacement of a licence of a fishing vessel of the Republic of Lithuania, the licence of the fishing vessel of the Republic of Lithuania previously issued to the same fishing vessel shall be considered invalid.
9. A licence of a fishing vessel of the Republic of Lithuania shall be withdrawn without the right to apply for a new licence of the fishing vessel of the Republic of Lithuania, making a mark in the database of vessels fishing in marine waters as specified in Article 131(1) of Regulation (EU) No 404/2011, in the presence of at least one of the following conditions:
1) in the case specified in Article 22(5) of Regulation (EU) No 1380/2013;
2) the number of points indicated in Article 129(2) of Regulation (EU) No 404/2011 has been accumulated.
10. A licence of a fishing vessel of the Republic of Lithuania shall be withdrawn with the right to apply for a new licence of the fishing vessel of the Republic of Lithuania and the fishing vessel shall be removed from the database of vessels fishing in marine waters in the presence of at least one of the following conditions:
1) the fishing vessel of the Republic of Lithuania has been removed from the Register of Seagoing Ships of the Republic of Lithuania or the Register of Inland Waterway Vessels of the Republic of Lithuania;
2) prior to the transfer of the ownership right to the fishing vessel of the Republic of Lithuania without the fishing capacity of that fishing vessel indicated in the licence of the fishing vessel of the Republic of Lithuania;
3) at the written request of the economic entity;
4) upon the death of a natural person or cessation of a legal person or another organisation as well as a branch of the legal person or another organisation (hereinafter: the ‘legal person’) to whom the licence of the fishing vessel of the Republic of Lithuania has been issued.
11. The procedure for the issuance of a licence of a fishing vessel of the Republic of Lithuania, suspension of the licence, lifting of the suspension, replacement and withdrawal of the licence shall be established by the Ministry of Agriculture or an institution authorised by it. The licence of the fishing vessel of the Republic of Lithuania shall be issued, it shall be suspended, the suspension shall be lifted, the licence shall be renewed and withdrawn by an institution authorised by the Ministry of Agriculture.
CHAPTER FOUR
COMMERCIAL INLAND FISHING
Article 14. Commercial inland fishing
1. Directed fishing for vendace, smelt, river-lamprey and migratory eel and fishing activities using fish traps shall be allowed in state-owned inland water bodies in accordance with the procedure established by the Minister of Environment. Commercial fishing for other fish species shall only be allowed in polders, water bodies exceeding 200 hectares and in private inland water bodies.
2. The procedure for commercial inland fishing shall, including inland water bodies belonging to the State and economic entities by the right of joint shared ownership and excluding private inland water bodies and aquaculture ponds, be established by the Minister of Environment. Commercial fishing in private inland water bodies shall be allowed using the fishing gear and methods permitted by the Minister of Environment during the open season and in accordance with the procedure jointly established by all owners of the water body.
3. Economic entities, excluding users of fishing grounds, may engage in commercial fishing in state inland water bodies in which fishing limits apply only if they have the right to an inland fishing quota, a fishing quota and an authorisation for commercial inland fishing. Users of fishing grounds may engage in commercial fishing in the state inland water bodies in which fishing limits apply and in which they have a permit to use the fishing ground only after obtaining the authorisation for commercial inland fishing. Fishing limits shall be set and authorisations for commercial inland fishing shall be issued to users of fishing grounds for a period not exceeding the period of validity of the permit to use the fishing ground.
4. Authorisations for commercial inland fishing, except for private inland water bodies, shall be issued and withdrawn by an institution authorised by the Minister of Environment.
5. Economic entities may engage in commercial fishing in private inland water bodies only after obtaining the written consent of the owners of these inland water bodies.
6. Fishing limits expressed in terms of the amount of commercial fishing gear of a certain type/types and/or the number of fishing sites shall be established for a minimum period of five and a maximum period of ten calendar years. Fishing limits expressed in terms of the amount of the maximum allowable catch shall be established for a period ranging from one to five calendar years.
Article 141. Granting of the right to a fishing quota
1. The right to a fishing quota shall be granted by way of an auction or without an auction for a minimum period of five and a maximum period of ten calendar years.
2. The right to a fishing quota in lakes, polders and ponds shall be granted by way of an auction to a respective number of economic entities, taking into account the maximum number of economic entities which may be granted the right to a fishing quota: in lakes, polders and ponds whose area is smaller than 499 hectares – 1; whose area ranges from 500 to 999 hectares – 2; whose area ranges from 1 000 to 7 000 hectares – 3.
3. When granting the right to a fishing quota in other inland waters, the following restrictions shall be taken into account:
1) in the Curonian Lagoon, an economic entity may, by way of an auction or without an auction, be granted no more than 10 per cent of the total fishing limit expressed in terms of the amount of commercial fishing gear;
2) in rivers, an economic entity may, by way of an auction or without an auction, be granted up to 10 per cent of the total fishing limit for smelt or eel established for all rivers expressed in terms of the number of fishing sites;
3) for economic entities that had introduced eel at their own expense before 2013 in compliance with the eel introduction norms in force at the time and in accordance with the set procedure, the right to a fishing quota shall be granted without an auction in streams flowing from those inland water bodies for five consecutive years from the introduction of the eel;
4) for economic entities that have had fishing quotas in the Curonian Lagoon for the last three calendar years before the year in which the right to a fishing quota is granted, the right to a fishing quota shall be granted without an auction, granting each economic entity up to 3 per cent of the total fishing limit established by the Minister of Environment without exceeding the average of the fishing quotas held by that economic entity during the last three calendar years before the year in which the right to a fishing quota is granted;
5) for economic entities that have had fishing quotas for smelt for the last four calendar years before the year in which the right to a fishing quota is granted, the right to a fishing quota shall be granted without an auction, granting each economic entity up to 1 per cent of the total smelt fishing limit established by the Minister of Environment.
4. When granting the right to a fishing quota for commercial fishing in a certain inland water body by way of an auction, economic entities that have submitted applications for the right to a fishing quota for commercial fishing in a certain inland water body shall be selected, assessed and granted a share of the fishing limit and/or a fishing quota shall be established for those economic entities taking into account environmental, social and/or economic criteria (the committed infringements of commercial inland fishing, the amount of proposed funds to be allocated for the recovery and conservation of fish stocks in inland waters, involvement of the economic entity in the local community, etc.). The economic entity that is a successful bidder shall be established upon assessment of the total amount of points collected. One point shall be given for each euro allocated by the economic entity in accordance with point 3 of Article 8 of this Law for the recovery and conservation of fish stocks. The points shall be reduced or increased:
1) the points shall be increased by 5 per cent where the economic entity has, at least for the last three calendar years, been registered (where it is a legal person) or declared its place of residence (where it is a natural person) in the territory of the same municipality as the water body for fishing wherein the right to an inland fishing quota will be granted;
2) the points shall be increased by 10 per cent for each year within the last five years during which fishing activities were carried out in the water body (fishing site) for fishing wherein the right to inland fishing quotas will be granted;
3) the points shall be increased by 15 per cent where the economic entity has signed an agreement with the National Paying Agency under the Ministry of Agriculture on receiving support in the course of carrying out a project related to the use of fish stocks;
4) the points shall be reduced by 1 per cent for each infringement of legal acts regulating commercial inland fishing committed by the economic entity which is not considered to be serious and by 3 per cent for each serious infringement of the commercial inland fishing regime committed by the economic entity during the last three calendar years.
5. Economic entities that have been granted the right to a fishing quota without an auction shall, each year, allocate the initial auction price for the recovery and conservation of fish stocks, as established by the Minister of Agriculture and calculated taking into account the average efficiency of use of the fishing gear and average price of the first sale of fishery products. Economic entities that have won the right to a fishing quota by way of an auction shall, each year, allocate the price offered at the auction for the recovery and conservation of fish stocks.
6. When granting the right to a fishing quota, an economic entity shall be allocated a share of the fishing limit in percentage where the fishing limit is expressed in terms of the amount of the maximum allowable catch. After the fishing limits, expressed in terms of the amount of the maximum allowable catch, have been established in inland water bodies in which the rights to a certain type/types of commercial fishing gear quota have already been allocated, the right to a fishing quota, expressed in terms of the amount of the maximum allowable catch, shall be granted to the economic entity proportionately to the right to a certain type/types of commercial fishing gear quota held, based on the amount of the commercial fishing gear and its efficiency, as established by the Minister of Environment.
7. The Commission Granting the Transferable Right to a Fishing Quota in Inland Waters shall publish information on the meeting during which the rights to a fishing quota will be granted to economic entities on the websites of the Ministry of Agriculture and the Fisheries Service at least 15 working days prior to the meeting.
8. An application for the right to a fishing quota and documentary evidence of compliance with the requirements specified in paragraph 4 of this Article may be submitted by an economic entity at a distance by electronic means through the point of single contact specified in the Law of the Republic of Lithuania on Services (hereinafter: the ‘point of single contact’) or by applying directly to an institution authorised by the Minister of Agriculture. The institution authorised by the Minister of Agriculture shall, within five working days from the date of receipt of the specified documents, send an acknowledgement of receipt of the documents to the applicant.
9. Where the applicant submits an application which is incomplete or not duly executed or the other submitted documentation is not duly executed, the institution authorised by the Minister of Agriculture shall, within five working days from the date of receipt of the application, inform the applicant thereof in writing. If the applicant fails to provide the duly executed documents two working days prior to the meeting of the Commission Granting the Transferable Right to a Fishing Quota in Inland Waters during which the rights to a fishing quota will be granted, his application shall be rejected.
10. After a new fishing limit has been established or the right to a fishing quota has been withdrawn, the respective rights to a fishing quota shall be granted by way of an auction in accordance with the procedure established by the Minister of Agriculture.
11. The right to a fishing quota may not be granted or transferred to economic entities which, having benefited from the European Union support, have reoriented an inland fishing vessel managed by them to an activity other than fishing activity and to the associated economic entities.
12. Associated natural and legal persons shall be considered associated economic entities.
13. Spouses as well as parents/adoptive parents and their minor children/adopted children shall be considered associated natural persons. When defining the relations of a natural person with legal persons in this Article, spouses or parents/adoptive parents and their minor children/adopted children shall be considered associated with a legal person if at least one of the spouses or parents/adoptive parents and their minor children/adopted children is associated with that legal person.
14. Economic entities which directly or indirectly have a majority holding in a legal person or directly or indirectly exercise a dominant influence over the legal person shall be considered associated economic entities.
15. It shall be considered that an economic entity has a direct majority holding in a legal person if it is a participant of the legal person holding at least 1/2 of the voting rights at the meeting of participants of the legal person.
16. It shall be considered that an economic entity has an indirect majority holding in a legal person if another legal person in which this economic entity has a majority holding may exercise the rights listed in paragraph 15 of this Article.
17. It shall be considered that a dominant influence over a legal person may be directly exercised by an economic entity which:
1) exercising the rights held by it or under the agreements, may appoint or recall the single-person or collegial body or the majority of members of the collegial management body of the legal person or another legal person, or
2) is a participants of the legal person and under the agreements on the transfer of the voting right concluded with other participants holds at least 1/2 of the voting rights at the meeting of participants of the legal person.
18. It shall be considered that a dominant influence over a legal person is indirectly exercised by an economic entity if another legal person over which this economic entity exercises a dominant influence may exercise the rights listed in paragraph 17 of this Article.
19. Legal entities in which the same natural or legal person or the same persons hold at least 1/2 of the voting rights at the meeting of participants of the legal person or directly or indirectly exercise a dominant influence over the legal person shall also be considered associated economic entities.
20. The composition and rules of procedure of the Commission Granting the Transferable Right to a Fishing Quota in Inland Waters shall be established by the Minister of Agriculture.
21. The Commission Granting the Transferable Right to a Fishing Quota in Inland Waters shall consist of six to eight members from the employees of the Ministry of Environment (at least two), the Ministry of Agriculture (at least two) and the Fisheries Service (not more than two employees from the same structural unit).
22. Members of the Commission Granting the Transferable Right to a Fishing Quota in Inland Waters shall be appointed for a term of five years. The same person may be appointed a member of the Commission for not more than two successive terms.
23. Decisions of the Commission Granting the Transferable Right to a Fishing Quota in Inland Waters shall be published on the websites of the Fisheries Service and the Ministry of Agriculture.
24. Decisions of the Commission Granting the Transferable Right to a Fishing Quota in Inland Waters may be appealed against in accordance with the procedure laid down in the Law of the Republic of Lithuania on Administrative Proceedings.
Article 142. Allocation of inland fishing quotas
1. A fishing quota expressed in terms of the amount of commercial fishing gear of a certain type/types and/or the number of fishing sites shall be allocated to an economic entity upon granting to it the right to a fishing quota.
2. Each year commercial inland fishing quotas, expressed in terms of the maximum allowable catch, allocated to an economic entity shall be calculated based on the right to a fishing quota granted to it.
Article 143. Suspension of the right to a fishing quota, lifting of the suspension and withdrawal of the right to a fishing quota
1. The right to a commercial fishing quota in a certain inland water body shall be suspended in the presence of at least one of the following conditions:
1) a regulatory measure for fishing activity is applied – prohibition or restriction of commercial fishing in that inland water body. In the case of restriction of commercial fishing, where commercial fishing for certain species or fishing with particular commercial fishing gear is prohibited, the right to a fishing quota shall be partially suspended;
2) an economic entity has failed to allocate funds for the recovery and conservation of fish stocks in accordance with the procedure established by the Minister of Agriculture. Before the suspension of the right to a fishing quota, an institution authorised by the Minister of Agriculture shall issue a warning to the economic entity and shall establish a time limit of at least five working days for fulfilling this commitment, which may be extended at the request of the economic entity, but for not longer than 15 calendar days. If the economic entity fails to fulfil the commitment within the set time limit, its right to a fishing quota shall be suspended;
3) the economic entity has failed to provide data on the fishery products, fishing gear, the duration of fishing activity and the price of the first sale of the fishery products in accordance with the procedure established by the Minister of Environment;
4) the economic entity has committed:
a) two serious infringements of the commercial inland fishing regime within two years – the right to a fishing quota shall be suspended for one month;
b) three serious infringements of the commercial inland fishing regime within two years – the right to a fishing quota shall be suspended for two months;
c) four serious infringements of the commercial inland fishing regime within two years – the right to a fishing quota shall be suspended for one year.
2. The suspension of the right to a commercial fishing quota in a certain inland water body shall be lifted when the circumstances that caused the suspension of the right cease to exist:
1) prohibition or restriction of commercial fishing in that inland water body is lifted;
2) an economic entity has allocated funds for the recovery and conservation of fish stocks within five working days from the suspension of the right to a fishing quota. Having regard to objective circumstances, this time limit shall be extended, but for not longer than 15 calendar days;
3) the economic entity has provided data on the fishery products, fishing gear, the duration of fishing activity and the price of the first sale of the fishery products;
4) the period of suspension of the right to a fishing quota imposed for serious infringements has expired.
3. Upon withdrawal of the right to a fishing quota, an economic entity shall lose the right to a fishing quota and his authorisation for commercial inland fishing shall be withdrawn. The right to a commercial fishing quota in a certain inland water body shall be withdrawn in the presence of at least one of the following conditions:
1) at the written request of the economic entity;
2) it is established that when granting the right to a commercial fishing quota in that body of inland water, the economic entity submitted to the institution authorised by the Minister of Agriculture substantively incorrect data on the basis of which it was incorrectly assessed;
3) the economic entity has committed five and more serious infringements of the commercial inland fishing regime within two years, excluding the periods of suspension of the right to a fishing quota;
4) the economic entity has failed to allocate funds for the recovery and conservation of fish stocks within the period specified in point 2 of paragraph 2 of this Article.
4. An economic entity whose right to a commercial fishing quota in a certain inland water body has been withdrawn due to the conditions set in points 2, 3 and 4 of paragraph 3 of this Article may not be granted or transferred the right to a fishing quota for three years from the withdrawal of the right.
5. The right to a fishing quota shall be suspended, its suspension shall be lifted, the right to a fishing quota shall be withdrawn and the transfer of the right to a fishing quota shall be supervised by an institution authorised by the Minister of Agriculture.
Article 144. Transfer of the right to a fishing quota or transfer of a fishing quota
1. An economic entity may, in accordance with the procedure established by the Minister of Agriculture, transfer a fishing quota, expressed in terms of the maximum allowable catch, or a part thereof allocated to it to another economic entity entitled to a commercial fishing quota in the same water body or exchange fishing quotas with it. Where the fishing quota is expressed in terms of the amount of fishing gear or the number of fishing days, the economic entity may lease it or a share thereof, hand it over under loan for use or exchange fishing quotas for a period up to one calendar year in accordance with the procedure established by the Minister of Agriculture with another economic entity entitled to a commercial fishing quota in the same inland water body. Upon the expiry of the right to a fishing quota and when re-granting the right to a fishing quota to the economic entity that has leased, transferred or handed its fishing quota over under loan for use or has exchanged it, only the commercial fishing carried out by that economic entity shall be assessed.
2. An economic entity shall be entitled to transfer the right to a fishing quota granted to it together with the commitment to pay a respective amount of funds for the recovery and conservation of fish stocks to another economic entity in accordance with the procedure established by the Minister of Agriculture.
3. Upon the expiry of the right to a fishing quota and when re-granting the right to an economic entity that has been transferred the right to a fishing quota, the commercial fishing previously carried out by both that economic entity and the economic entity that has transferred the right to a fishing quota to it shall be assessed.
4. The right to a fishing quota and the fishing quota may not be transferred by an economic entity where:
1) the right to a fishing quota granted to it has been suspended;
2) it has exceeded its fishing quota in that calendar year;
3) the economic entity is subject to administrative liability for a serious infringement – pending the adoption of a resolution and payment of the fine imposed;
4) the economic entity to which the right to a fishing quota is transferred already has or will, upon transferring the right to a fishing quota to it, have over 10 per cent of the total fishing limit, in the cases where the restrictions set in points 1 and 2 of Article 141(3) of this Law apply.
Article 15. Issuance of authorisations for commercial inland fishing, their suspension, lifting of the suspension and withdrawal of the authorisations
1. The period of validity of an authorisation for commercial inland fishing shall coincide with the period of validity of the right to a fishing quota, except for authorisations for commercial inland fishing issued to users of fishing grounds.
2. An authorisation for commercial inland fishing shall be issued to an economic entity in the presence of all of the following conditions:
1) the economic entity has the right to a fishing quota and an inland fishing quota allocated to it, except for users of fishing grounds;
2) in case of a user of fishing grounds – where a fishing limit is established in the inland water body in which the user of fishing grounds holds an authorisation to use fishing grounds;
3) the economic entity has, in accordance with the procedure established by the Minister of Agriculture, allocated funds for the recovery and conservation of fish stocks in inland waters, where an authorisation for commercial inland fishing was previously issued to it, except for users of fishing grounds;
4) the economic entity has, in accordance with the procedure established by the Minister of Environment or an institution authorised by him, provided data on the fishery products, fishing gear, the duration of fishing activity and the price of the first sale of the fishery products, where an authorisation for commercial inland fishing was previously issued to it.
3. An application for an authorisation for commercial inland fishing may be submitted at a distance by electronic means through the point of single contact or by applying directly to an institution authorised by the Minister of Environment. The institution authorised by the Minister of Environment shall, within two working days from the date of receipt of the application for an authorisation for commercial inland fishing, send an acknowledgement of receipt of the application to the applicant.
4. The institution authorised by the Minister of Environment shall, not later than within five working days from the date of receipt of the application for an authorisation for commercial inland fishing, issue the authorisation for commercial inland fishing or notify of refusal to issue it, specifying the reasons for refusal, in the manner in which the application for an authorisation for commercial inland fishing was received or in any other manner indicated in the application.
5. Where the applicant fails to provide all of the required information in the application for an authorisation for commercial inland fishing, the institution issuing authorisations for commercial inland fishing shall, within two working days from the date of receipt of the application, notify the applicant thereof in writing and inform that the time limit for the issuance of the authorisation for commercial inland fishing will run from the date of receipt of the missing information.
6. An authorisation for commercial inland fishing shall be in electronic format or, at the request of an economic entity, in paper format.
7. An authorisation for commercial inland fishing shall be suspended in the presence of at least one of the following conditions:
1) the right to a fishing quota has been suspended;
2) the fishing quota allocated to an economic entity has been utilised;
3) the economic entity transfers to another economic entity all of its fishing quota.
8. The suspension of an authorisation for commercial inland fishing shall be lifted when the circumstances that caused the suspension of the authorisation cease to exist:
1) the suspension of the right to a fishing quota has been lifted;
2) the economic entity has been allocated a fishing quota;
3) the period of transfer of the fishing quota has expired.
9. Following the partial suspension of the right to a fishing quota or following the transfer or receipt of a share of a fishing quota or a part of the right to a fishing quota or following a change in the data and/or fishing conditions specified in an authorisation, the authorisation for commercial inland fishing must be renewed.
10. An authorisation for commercial inland fishing shall be withdrawn in the presence of at least one of the following conditions:
1) at the written request of the economic entity;
2) the right to a fishing quota granted to the economic entity has been withdrawn;
3) in the event of cessation of the legal person or death of the natural person whereto the authorisation for commercial inland fishing was issued;
4) the terms and conditions of the issuance of the authorisation for commercial inland fishing were violated when issuing the authorisation;
5) the economic entity transfers it to another economic entity for the duration of the whole period of validity of the right to a fishing quota.
11. Acting in compliance with the criteria of fairness and reasonableness, it may be refrained from withdrawing an authorisation for commercial inland fishing and a verbal warning or a written instruction may be issued instead, setting a reasonable time limit for the elimination of infringements which, having regard to objective circumstances, may be extended where the infringement of legal acts indicated in point 4 of paragraph 10 of this Article is minor, i.e. no damage has been caused to the public interest or interests safeguarded by this Law or the damage caused is minor.
12. The procedure for the issuance of authorisations for commercial inland fishing, suspension of the authorisations, lifting of the suspension, withdrawal and renewal of the authorisations shall be established by the Minister of Environment.
Article 16. Serious infringements of the commercial inland fishing regime
1. The following infringements shall be considered serious infringements of the commercial inland fishing regime which are subject to liability provided for in the Code of Administrative Offences of the Republic of Lithuania:
1) fishing activity without an authorisation for commercial inland fishing or exceeding, by the user of fish stocks, of the inland fishing quota allocated to it by more than 10 per cent;
2) fishing activity using prohibited fishing gear or fishing gear prohibited at the time, where the allowed parameters of the fishing gear are incompatible by more than 5 per cent, or the fishing gear where its parameters are incompatible with the parameters indicated in the authorisation for commercial inland fishing by more than 5 per cent, or a type of gear other than indicated in the authorisation for commercial inland fishing, or prohibited fishing methods, or a larger amount of gear;
3) fishing activity at prohibited sites or during closed seasons, including cases where the targeted species are those fishing for which is completely prohibited or prohibited only at that time;
4) failure to keep records of the incidentally caught species fishing for which is prohibited during closed seasons, where the value of damage rates to those fish stocks exceeds the value of 20 base penalties;
5) exceeding the margins of tolerance for the exact weight of the allowed catch by over 7 per cent, where the value of damage rates to the fish stocks exceeds the value of 20 base penalties;
6) the economic entity suspected of having committed an infringement conceals, alters or destroys the evidence relating to the investigation of the infringement.
2. Serious infringements of the commercial inland fishing regime shall also include violations of the rules for completion of inland fishing logbooks, as established by the Minister of Environment, without specifying the date of fishing activity or fishing gear, using prohibited fishing gear or fishing gear prohibited at the time, where the allowed parameters of the fishing gear are incompatible by less than 5 per cent, or the fishing gear where its parameters are incompatible with the parameters indicated in the authorisation for commercial inland fishing by less than 5 per cent if the infringement of the same nature is committed for a second time within a year.
CHAPTER FIVE
COMMERCIAL MARINE FISHING
Article 17. Commercial marine fishing
1. The procedure for commercial marine fishing shall be established by the Minister of Agriculture.
2. Economic entities shall be entitled to engage in commercial marine fishing, except for coastal fishing, only if holding an authorisation for commercial marine fishing issued individually for the operation of each fishing vessel of the Republic of Lithuania and individual fishing opportunities, except for the case provided for in paragraph 9 of this Article. Economic entities may engage in coastal fishing if holding the right to use fishing gear and an authorisation for commercial marine fishing issued individually for the operation of each fishing vessel of the Republic of Lithuania, save for the exception provided for in Article 4(5) of Regulation (EU) No 404/2011.
3. The procedure for granting the right to fishing opportunities and the right to use fishing gear, their suspension, lifting of the suspension and withdrawal of the right to fishing opportunities and the right to use fishing gear shall be established by the Minister of Agriculture. The right to fishing opportunities or the right to use fishing gear shall be granted to economic entities by the Commission Granting the Transferable Fishing Rights in Marine Waters (hereinafter: the ‘Commission Granting the Fishing Rights’), composed of representatives from the Ministry of Agriculture and the Fisheries Service.
4. The Commission Granting the Fishing Rights shall consist of six to eight members from among the employees of the Ministry of Agriculture (at least two) and the Fisheries Service (not more than two employees from the same structural unit).
5. Members of the Commission Granting the Fishing Rights shall be appointed for a term of five years. The same person may be appointed member of the Commission Granting the Fishing Rights for not more than two successive terms.
6. All economic entities meeting the conditions specified in paragraph 11 of this Article may appoint one representative to the Commission Granting the Fishing Rights to attend in an advisory capacity. The composition and rules of procedure of the Commission shall be approved by the Minister of Agriculture or an institution authorised by him.
7. Decisions of the Commission Granting the Fishing Rights may be appealed against in accordance with the procedure laid down in the Law of the Republic of Lithuania on Administrative Proceedings.
8. An economic entity shall make use of individual fishing opportunities for a certain species in the course of commercial fishing for that species or, having exchanged the individual fishing opportunities for that species with other economic entities, in the course of commercial fishing for other species the individual fishing opportunities for which it obtained after the exchange.
9. If on January 1 of a current year individual fishing opportunities have not yet been allocated to economic entities, but a Council Regulation has been adopted establishing fishing opportunities for the current year, or a decision has been adopted at the Council of the European Union regarding fishing opportunities for the current year, however the Council Regulation establishing fishing opportunities for the current year has not yet been published in the Official Journal of the European Union, an economic entity holding an authorisation for commercial marine fishing may engage in commercial marine fishing without having individual fishing opportunities where the previous year’s fishing opportunities and individual fishing opportunities allocated to the Republic of Lithuania had not been exceeded. In that case, the economic entity may engage in commercial fishing without exceeding the previous year’s individual fishing opportunities for which it would be eligible based on the right to fishing opportunities held by it until the current year’s individual fishing opportunities are allocated. However, if it is anticipated that the size of fishing opportunities allocated to the Republic of Lithuania will differ from the previous year’s fishing opportunities, the Minister of Agriculture or an institution authorised by him shall, not later than within five working days from January 1 of the current year, establish what share of the previous year’s individual fishing opportunities may not be exceeded by the economic entity engaged in commercial fishing until the individual fishing opportunities are allocated.
10. The Minister of Agriculture shall approve the List of Selective Commercial Fishing Gear and criteria for establishing natural habitat friendly fishing methods.
11. The right to fishing opportunities or the right to use fishing gear shall be granted or transferred and individual fishing opportunities shall be allocated to economic entities managing a fishing vessel of the Republic of Lithuania, unless the restriction of fishing capacity in a relevant geographical fishing area, as established by the Minister of Agriculture, is exceeded.
12. The Commission Granting the Fishing Rights shall publish information on the meeting during which the right to fishing opportunities or the right to use fishing gear will be granted on the websites of the Ministry of Agriculture and the Fisheries Service at least 20 working days prior to the meeting.
13. As of the date of publication of information on the meeting of the Commission Granting the Fishing Rights, economic entities may submit applications for the right to fishing opportunities or the right to use fishing gear at a distance by electronic means through the point of single contact or by applying directly to an institution authorised by the Minister of Agriculture. The institution authorised by the Minister of Agriculture shall, within five working days from the date of receipt of the application, send an acknowledgement of receipt thereof to the applicant. The applications for the right to fishing opportunities or the right to use fishing gear shall not be accepted five working days before the date of the meeting.
14. Where an application for the right to fishing opportunities or the right to use fishing gear submitted by the applicant is incomplete or not duly executed, the institution authorised by the Minister of Agriculture shall, within three working days from the date of receipt of the application, inform the applicant thereof in writing. If the applicant fails to submit a duly executed application five working days before the date of the meeting referred to in paragraph 12 of this Article, his application shall be rejected.
15. The right to fishing opportunities or the right to use fishing gear shall be granted on the date on which the meeting of the Commission Granting the Fishing Rights is held. Economic entities shall be informed of the adopted decision and it shall be published on the websites of the Ministry of Agriculture and the Fisheries Service not later than within five working days from the date of the meeting of the Commission Granting the Fishing Rights.
Article 171. Exchange of fishing opportunities
1. The Republic of Lithuania may, in cooperation with other EU Member States and foreign countries, exchange fishing opportunities on mutually beneficial terms. The procedure for exchanging the fishing opportunities of the Republic of Lithuania with the other EU Member States and foreign countries shall be established by the Minister of Agriculture.
2. An economic entity may apply to an institution authorised by the Minister of Agriculture regarding the exchange of individual fishing opportunities with a natural or legal person managing a fishing vessel flying a flag other than that of the State of Lithuania. In that case, the institution authorised by the Minister of Agriculture shall exchange the individual fishing opportunities of the economic entity with another EU Member State or a foreign country on behalf of the Republic of Lithuania and shall allocate the obtained fishing opportunities to that economic entity.
3. Economic entities may apply to an institution authorised by the Minister of Agriculture regarding the exchange of only the individual fishing opportunities which are of equal value with a natural or legal person managing a fishing vessel flying a flag other than that of the State of Lithuania, or regarding a share of the fishing opportunities accruing to the Republic of Lithuania which is of higher value. The value of the exchanged fishing opportunities may be levelled through several exchanges, if agreed upon in advance with another EU Member State or a foreign country or a natural or legal person managing a fishing vessel flying a flag other than that of the State of Lithuania.
4. The exchange of individual fishing opportunities with other EU Member States and foreign countries, as provided for in paragraph 2 of this Article, shall be impossible in the case where an economic entity has over 30 per cent of unused individual fishing opportunities allocated to it for the same species which it would additionally receive after the exchange. This requirement shall not apply if at least one of the following conditions is met:
1) the economic entity had previously transferred individual fishing opportunities obtained additionally for the same species under paragraph 6 of this Article;
2) the individual fishing opportunities allocated to the economic entity for a certain species are smaller in value than the average total cost of a trip of a fishing vessel from the territorial waters of the Republic of Lithuania to the geographical fishing area for the fishing in which the individual fishing opportunities have been allocated and of commercial fishing corresponding in volume;
3) the exchange of fishing opportunities for the same species is carried out in different geographical fishing areas.
5. The margin of tolerance for the value of exchanged fishing opportunities shall be up to 30 per cent.
6. An economic entity may apply to an institution authorised by the Minister of Agriculture regarding the transfer of its individual fishing opportunities to another EU Member State or a foreign country if there is agreement between the states on the shared use of fishing opportunities and subsequent transfer of equivalent or higher value fishing opportunities to the Republic of Lithuania is envisaged. The fishing opportunities obtained from another EU Member State or a foreign country shall be allocated to the economic entity which has transferred the individual fishing opportunities for a certain species.
7. The value of fishing opportunities shall be calculated on the basis of the average price of the first sale of fishery products of a certain species, during the previous calendar year in which commercial fishing for that fish species was carried out, in the territory of the Republic of Lithuania or other EU Member States or foreign countries, where the first sale of fishery products of that species was not carried out in the territory of the Republic of Lithuania. Where the fishery products are sold treated or processed, conversion shall be made into the fish live weight, as provided for in Article 50 of Regulation (EU) No 404/2011.
8. Economic entities meeting the conditions specified in Article 17(11) of this Law may exchange individual fishing opportunities in accordance with the procedure established by the Minister of Agriculture. Where economic entities exchange individual fishing opportunities which are not equivalent, the economic entity that, upon exchanging the individual fishing opportunities, has obtained individual fishing opportunities which are below the value allocated to it must, in accordance with the procedure established by the Minister of Agriculture for the recovery and conservation of fish stocks, pay 10 per cent of the difference between the values of the exchanged individual fishing opportunities.
9. Wishing to exchange individual fishing opportunities, economic entities which meet the conditions specified in Article 17(11) of this Law shall apply to an institution authorised by the Minister of Agriculture.
10. An institution authorised by the Minister of Agriculture shall, not later than within five working days from the date of an application for the exchange of individual fishing opportunities, calculate the values of the exchanged individual fishing opportunities, as indicated in paragraph 7 of this Article, and the amount payable for the recovery and conservation of fish stocks, in case of the difference between the values of the exchanged individual fishing opportunities, and inform thereof the economic entities seeking to exchange individual fishing opportunities.
11. Where the exchanged individual fishing opportunities are equivalent, an institution authorised by the Minister of Agriculture shall approve the exchange of individual fishing opportunities within the time limit specified in paragraph 10 of this Article. Where economic entities that meet the conditions specified in Article 17(11) of this Law exchange individual fishing opportunities which are not equivalent, the exchange shall be approved after payment of the amount of funds for the recovery and conservation of fish stocks, calculated by the institution authorised by the Minister of Agriculture.
Article 172. Individual fishing opportunities and the right to fishing opportunities
1. Each year individual fishing opportunities for certain species to be allocated to economic entities shall be calculated on the basis of the right to fishing opportunities granted thereto, except for coastal fishing; individual fishing opportunities may also be acquired by way of an auction. Where the right to fishing opportunities or individual fishing opportunities have been acquired by way of an auction, individual fishing opportunities shall be allocated only when an economic entity pays the price offered for them at the auction.
2. The right to fishing opportunities shall be allocated to economic entities for three calendar years.
3. Members of a fishery producer organisation may authorise the organisation to manage the rights to fishing opportunities or individual fishing opportunities held by the members upon informing the Fisheries Service thereof.
Article 173. Right to use fishing gear
1. The Minister of Agriculture shall, on the basis of fisheries research data, establish the maximum permitted amount of certain commercial fishing gear to be used in each coastal fishing section.
2. The right to fishing opportunities shall not be granted and individual fishing opportunities shall not be allocated to economic entities for coastal fishing. Economic entities having the right to use fishing gear shall utilise the total share of fishing opportunities, allocated pursuant to Article 175(3) of this Law, allocated to the Republic of Lithuania.
3. Having the right to use fishing gear, an economic entity may engage in coastal fishing with a fishing vessel of the Republic of Lithuania whose overall length does not exceed 12 metres in a coastal fishing section in which it has the right to use fishing gear when carrying out commercial fishing and in the territorial sea of the Republic of Lithuania beyond the limits of the coastal fishing zone.
4. One fishing vessel of the Republic of Lithuania may engage in commercial fishing in a coastal fishing zone using set nets with the overall length not exceeding four kilometres.
5. One economic entity, including the associated economic entities, may, as provided for in paragraphs 12-19 of Article 141 of this Law, have the right to use not more than 10 per cent of the total amount of commercial fishing gear permitted in coastal fishing.
6. Economic entities having the right to use fishing gear in one or several coastal fishing sections may, upon informing the Fisheries Service, enter into agreements concerning the shared use of these rights.
7. The right to use fishing gear shall be granted to economic entities for three calendar years.
Article 174. General principles of granting the right to fishing opportunities
1. When granting the right to fishing opportunities for a certain species to an economic entity, it shall be calculated what share, on average, during the selected three calendar years, of the fishing opportunities allocated to the Republic of Lithuania, was represented by the catch of that species by that economic entity during the same three years or, where the fishing opportunities allocated to the Republic of Lithuania were expressed in terms of the number of fishing days per fishing vessel or in terms of fishing effort, what share of the fishing opportunities allocated to the Republic of Lithuania was represented by the total number of days fished by each vessel managed by that economic entity (hereinafter: the ‘reference data’). The reference data of the economic entity shall be calculated based on the data contained in the state information system of fisheries data, submitted by that economic entity in accordance with the procedure established by the Minister of Agriculture or an institution authorised by him.
2. Each economic entity shall have the right to select any three calendar years based on which the reference data will be calculated (hereinafter: the ‘selected years’) from the last ten calendar years before the year in which the specific economic entity was granted the rights to fishing opportunities.
3. Where commercial fishing was prohibited for a certain period, the economic entity’s selected years may be chosen from the last ten calendar years in which commercial fishing was carried out.
4. Where, after the Republic of Lithuania exchanges fishing opportunities for certain species with another EU Member State or a foreign country, an economic entity used, during the selected years, the fishing opportunities for other species obtained from that state, the amount of catch of the other species shall be taken into account when calculating the reference data, recalculating it proportionately in terms of value into the amount of catch of the species for which the right to fishing opportunities has been granted, but not exceeding the individual fishing opportunities transferred to another EU Member State or the foreign country when exchanging. When calculating the reference data, it shall be considered that the economic entity first uses the individual fishing opportunities for a certain species allocated to it, and afterwards, upon exchanging fishing opportunities with the other EU Member States or foreign countries, the obtained fishing opportunities for the same species.
5. Where during the selected years an economic entity exceeded its individual fishing opportunities, the amount of catch exceeding the economic entity’s individual fishing opportunities shall not be included when calculating the reference data. The utilisation of fishing opportunities for the same species for which the right to fishing opportunities has been granted, obtained after the exchange of fishing opportunities for other species with an EU Member State or a foreign country, shall also not be included, except for the case provided for in paragraph 6 of this Article.
6. Where during at least one year from the selected years an economic entity used not only its own individual fishing opportunities but also those obtained from another EU Member State or a foreign country, which have been transferred to the Republic of Lithuania compensating for the individual fishing opportunities transferred by that economic entity to the respective EU Member State or foreign country in the previous years, when calculating the reference data, account shall be taken of the total amount of catch of that species if the other selected years are the years in which the economic entity transferred its individual fishing opportunities to the other EU Member State or foreign country.
7. The right to fishing opportunities granted to an economic entity shall equal the reference data, reduced or increased taking into account the economic and environmental criteria specified respectively in Article 175(1) or Article 176(1) of this Law and, where the sum of the rights to fishing opportunities calculated with regard to Article 175(4) to be granted to economic entities exceeds the total rights to fishing opportunities granted, the right to fishing opportunities granted to each economic entity shall be reduced proportionately. The economic entity shall be granted the right to fishing opportunities on the basis of the reference data where at least during one year from the two last calendar years before the year in which the rights to fishing opportunities are granted it used (except for the case where the economic entity has not used individual fishing opportunities due to force majeure) individual fishing opportunities for the species for which the right to fishing opportunities is granted, unless fishing for that species was prohibited during that period.
8. An economic entity that has transferred all of its right to fishing opportunities three or more calendar years before the expiry of the right to fishing opportunities shall, upon the expiry of the right to fishing opportunities, not be re-granted the right to fishing opportunities on the basis of the reference data. Where the economic entity has transferred a part of its right to fishing opportunities more than three calendar years before the expiry of the right to fishing opportunities, upon the expiry of the right to fishing opportunities and when re-granting the right to fishing opportunities its reference data shall be calculated on the basis of three selected calendar years after the transfer of the right, but no more than from the last ten calendar years before the expiry of the right to fishing opportunities. The reference data of the economic entity that has transferred a part or all of its right to fishing opportunities three or fewer calendar years before the expiry of the right to fishing opportunities shall be calculated on the basis of the last three calendar years before the expiry of the right to fishing opportunities.
9. The reference data of an economic entity to which the right to fishing opportunities has been transferred or which has acquired it by way of an auction shall, upon the expiry of the right to fishing opportunities and when re-granting the right to fishing opportunities, be calculated on the basis of three selected calendar years after obtaining of the right to fishing opportunities, but no more than from the last ten calendar years before the expiry of the right to fishing opportunities where the right to fishing opportunities was obtained over three calendar years ago, or on the basis of the last three calendar years before the expiry of the right to fishing opportunities where the right to fishing opportunities was obtained three or fewer calendar years ago.
10. The rights to fishing opportunities for the species that have never been caught by the fishing vessels of the Republic of Lithuania and the remaining rights to fishing opportunities that have not been granted on the basis of the reference data, except for the shares of fishing opportunities provided for in Article 175(2) or Article 176(2) of this Law, shall be granted by way of an auction in accordance with the procedure established by the Minister of Agriculture to economic entities meeting the criteria specified in Article 17(11) of this Law. The initial auction price shall be 1 per cent from the value of fishing opportunities for a certain species.
11. The data used for calculating the reference data may not be the subject of a transaction, except in case of reorganisation of an economic entity.
12. Upon reorganisation of an economic entity, the data of this economic entity for each year, used to calculate the reference data, proportionate to the part of the rights and duties of the reorganised economic entity taken over during the reorganisation shall, in accordance with the procedure established by the Minister of Agriculture, be included in the data of the economic entity/entities that has/have taken over the rights and duties (a part thereof) of the reorganised economic entity for a respective year, used to calculate the reference data.
Article 175. Principles of granting the right to fishing opportunities in the Baltic Sea
1. The right to fishing opportunities in the Baltic Sea granted to an economic entity shall equal the reference data calculated in accordance with Article 174 of this Law, which may be reduced or increased:
1) the reference data shall be increased by 0.3 per cent for each 1 per cent of the catch of the respective species sold in the territory of the Republic of Lithuania during the first sale auction of fisheries products in the last three calendar years, calculated from the total catch of that species caught by the economic entity in the same year;
2) the reference data shall be increased by 5 per cent where at least 50 per cent of the allocated individual fishing opportunities were spent in the last three calendar years fishing by using selective commercial fishing gear or natural habitat friendly fishing methods;
3) the reference data shall be reduced by 3 per cent for each serious infringement committed during the last three calendar years and by 1 per cent for each infringement committed during the last three calendar years which was not recognised as serious.
2. Economic entities shall not be granted the right to a share of fishing opportunities allocated to the Republic of Lithuania, i.e. the fishing opportunities shall be reserved for the purposes provided for in paragraph 3 of this Article:
1) 12 per cent of fishing opportunities for cod allocated to the Republic of Lithuania;
2) 13 per cent of fishing opportunities for herring allocated to the Republic of Lithuania;
3) 6 per cent of fishing opportunities for sprat allocated to the Republic of Lithuania;
4) 20 per cent of fishing opportunities for salmon allocated to the Republic of Lithuania.
3. Economic entities having the right to use fishing gear shall, by an order of the Minister of Agriculture, each year be allocated from the reserved fishing opportunities a share equal to the average of the fishing opportunities for a certain species used during the last three calendar years by the economic entities having the right to use fishing gear, increased by 20 per cent, but not less than 0.1 per cent of the fishing opportunities for the certain species allocated to the Republic of Lithuania. 1 per cent of the reserved fishing opportunities shall be allocated by way of an auction in accordance with the procedure established by the Minister of Agriculture to the economic entities meeting the conditions laid down in Article 17(11) of this Law. The remaining share of unallocated reserved fishing opportunities shall be allocated to the economic entities proportionately to the individual fishing opportunities for each species allocated in a current year, and where fishing opportunities remain unallocated to the economic entities proportionately to the individual fishing opportunities for each species allocated in a current year, they shall be allocated to the economic entities having the right to use fishing gear for shared use.
4. One economic entity, including the associated economic entities specified in paragraphs 12 to 19 of Article 141 of this Law, may have the right to not more than 40 per cent of the total fishing opportunities for each species in the Baltic Sea allocated to the Republic of Lithuania.
5. Where the right to fishing opportunities for a certain species in the Baltic Sea to be granted to an economic entity exceeds the limit set in paragraph 4 of this Article, the right to 40 per cent of the fishing opportunities for that species allocated to the Republic of Lithuania shall be granted, except for the case where a proportionate reduction of the right to fishing opportunities granted to each economic entity is applied, as specified in Article 174(7) of this Law.
Article 176. Principles of granting the right to fishing opportunities in distant fishing areas
1. The right to fishing opportunities in distant fishing areas granted to an economic entity shall equal the reference data calculated in accordance with Article 174 of this Law, which may be reduced or increased:
1) the reference data shall be increased by the share, multiplied by two, of the value of individual fishing opportunities obtained during the selected years, specified in Article 174(2) of this Law, which was paid by the economic entity into the state budget of the Republic of Lithuania during the same year as taxes linked to employment relations;
2) the reference data shall be increased by 5 per cent for using natural habitat friendly fishing methods;
3) the reference data shall be reduced by 3 per cent for each serious infringement committed during the last three calendar years and by 1 per cent for each infringement committed during the last three calendar years which was not recognised as serious.
2. The right to 5 per cent of fishing opportunities in distant fishing areas shall remain not granted to economic entities. This share of fishing opportunities shall be allocated each year by way of an auction in accordance with the procedure established by the Minister of Agriculture to the economic entities meeting the conditions laid down in Article 17(11) of this Law, except for the case of commercial fishing in distant fishing areas under the European Union agreements with foreign states. In case of commercial fishing in distant fishing areas under the European Union agreements with foreign states, 5 per cent of fishing opportunities shall be allocated by way of an auction for the duration of the whole period of validity of the protocol to the respective agreement.
3. Where fishing opportunities for a certain species allocated to the Republic of Lithuania for at least five last calendar years have been smaller in value than the average total cost of a trip of a long-distance fishing vessel from the territorial waters of the Republic of Lithuania to the relevant geographical fishing area and of commercial fishing corresponding in volume, economic entities shall, on the basis of the reference data, be granted the entire right to the fishing opportunities for that species.
Article 177. Suspension of the right to fishing opportunities, lifting of the suspension and withdrawal of the right to fishing opportunities
1. The right to fishing opportunities shall be suspended in the presence of at least one of the following conditions:
1) where an economic entity has exceeded individual fishing opportunities, its right to a share of fishing opportunities, equal to the overfished share of individual fishing opportunities multiplied by the multiplying factor specified in Article 105 of Regulation (EC) No 1224/2009, shall be suspended for one calendar year. Where the right to larger fishing opportunities than those to be allocated to the economic entity must be suspended, the suspension of the right to fishing opportunities shall be valid proportionately for two or more years, taking to account the reduced fishing opportunities allocated to the Republic of Lithuania and decreased individual fishing opportunities of other economic entities;
2) where the economic entity has failed to provide the data specified in Article 5(8) of this Law in accordance with the procedure established by the Minister of Agriculture or an institution authorised by him. Before the suspension of the right to fishing opportunities, the institution authorised by the Minister of Agriculture shall issue a warning to the economic entity and shall establish a time limit of ten working days for fulfilling this commitment, which may be extended at the request of the economic entity, having regard to objective circumstances, but for not longer than 15 calendar days. If the economic entity fails to fulfil the commitment within the set time limit, its right to fishing opportunities shall be suspended;
2. Upon suspension of the right to fishing opportunities, an economic entity shall not be granted individual fishing opportunities.
3. Where, due to an economic entity that has exceeded individual fishing opportunities, the fishing opportunities allocated to the Republic of Lithuania are reduced by a share larger than the share of individual fishing opportunities not allocated to the economic entity due to suspension of the right to fishing opportunities, smaller individual fishing opportunities shall be allocated to other economic entities that have used individual fishing opportunities for the same species under the right to fishing opportunities. In that case, in subsequent years these economic entities must, additionally and proportionately to their right to fishing opportunities, be allocated the amount of individual fishing opportunities that they have lost from the unallocated individual fishing opportunities to the economic entity that has exceeded its individual fishing opportunities after the suspension of its right to fishing opportunities has been extended.
4. The suspension of the right to fishing opportunities shall be lifted on the working day following that on which the circumstances that caused the suspension of the right cease to exist:
1) the exceeded individual fishing opportunities have been compensated for;
2) the economic entity has submitted the data specified in Article 5(8) of this Law.
5. An economic entity’s right to fishing opportunities or a part thereof shall be withdrawn without prior warning in accordance with the procedure laid down in this paragraph in the presence of at least one of the following conditions:
1) at the written request of the economic entity;
2) it is established that the economic entity submitted to an institution authorised by the Minister of Agriculture substantively incorrect data on the basis of which the right to larger fishing opportunities was granted than should have been granted. In that case, the right to that share of fishing opportunities shall be withdrawn for which the right should not have been granted;
3) a licence of the fishing vessel of the Republic of Lithuania managed by the economic entity has been permanently withdrawn under the measure specified in Article 92(3) of Regulation (EC) No 1224/2009 or the fishing vessel of the Republic of Lithuania managed by the economic entity is included on the EU list of vessels engaged in illegal, unreported and unregulated fishing, presented in the Annex to Commission Regulation (EU) No 468/2010 of 28 May 2010
establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing (OJ 2010 L 131, p. 22), for a serious infringement committed after granting the right to fishing opportunities. In such cases, the right to that share of fishing opportunities shall be withdrawn on the basis of which individual fishing opportunities have been calculated, used by the economic entity with that fishing vessel of the Republic of Lithuania during the last calendar year before committing the serious infringement.
6. The right to fishing opportunities shall be withdrawn in accordance with the procedure laid down in this paragraph upon written notice thereof issued to an economic entity at least 20 working days in advance in the presence of at least one of the following conditions:
1) where the economic entity has not, during three consecutive calendar years or six calendar years from the period of validity of the right to fishing opportunities, used over 50 per cent of the individual fishing opportunities for a certain species allocated to it on the basis of the right to fishing opportunities or, upon exchanging those individual fishing opportunities with other economic entities, would obtain individual fishing opportunities in return, except for commercial fishing in distant fishing areas under the European Union agreements with foreign states. In that case, the right to 50 per cent of the fishing opportunities for the certain species shall be withdrawn. Where the average utilisation rate of fishing opportunities for that species in the European Union is equal to or less than 50 per cent, the right to fishing opportunities shall not be withdrawn;
2) where the economic entity has not, during two consecutive calendar years or four calendar years from the period of validity of the right to fishing opportunities, used over 50 per cent of the individual fishing opportunities held for that species in distant fishing areas under the European Union agreements with foreign states. In that case, the right to 50 per cent of the fishing opportunities for the certain species shall be withdrawn. Where the average utilisation rate of fishing opportunities for that species in the European Union is equal to or less than 50 per cent, the right to fishing opportunities shall not be withdrawn;
3) where the economic entity has the right to larger fishing opportunities in the Baltic Sea than established in Article 175(4) of this Law, the part of the right to fishing opportunities in excess of the limit specified in Article 175(4) of this Law shall be withdrawn;
4) where it is established that the associated economic entities have the right to larger fishing opportunities than specified in Article 175(4) of this Law, the part of the right to fishing opportunities of each associated economic entity shall be proportionately withdrawn so that the limit specified in Article 175(4) of this Law is not exceeded;
5) where the economic entity has not, during two consecutive calendar years or three calendar years from the period of validity of the right to fishing opportunities, paid for the individual fishing opportunities allocated on the basis of the right to fishing opportunities granted by way of an auction. In such cases, the part of the right to fishing opportunities which has not been paid for shall be withdrawn.
7. Where an economic entity fails to eliminate the shortcomings specified in the warning within the time limit indicated in the first subparagraph of paragraph 6 of this Article, the right to fishing opportunities shall be withdrawn. The right to fishing opportunities shall not be withdrawn where it is established that, in the cases provided for in points 1 and 2 of paragraph 6 of this Article, the economic entity could not carry out commercial fishing due to force majeure.
8. Upon withdrawal of the right to fishing opportunities for a certain species, an institution authorised by the Minister of Agriculture shall, not later than on the following working day, inform thereof an economic entity.
9. Upon withdrawal of the right to fishing opportunities for a certain species, an economic entity shall lose all or a respective share (if a part of the right to fishing opportunities is withdrawn) of individual fishing opportunities for that species and its authorisation for commercial marine fishing shall be renewed or withdrawn. Its authorisation for commercial marine fishing shall be withdrawn where the right to all fishing opportunities for a certain species is withdrawn and the authorisation granted the right to engage in commercial fishing for only that species, or it shall be renewed where the authorisation granted the right to engage in commercial fishing also for other species and the right to fishing opportunities for other species is not withdrawn.
10. A withdrawn right to fishing opportunities shall be re-granted to economic entities by way of an auction in accordance with the procedure established by the Minister of Agriculture. Where economic entities do not acquire the right to fishing opportunities by way of an auction, the fishing opportunities calculated on the basis of the right to fishing opportunities which was withdrawn shall be put up for auction.
11. The right to fishing opportunities shall be suspended, its suspension shall be lifted, the right to fishing opportunities shall be withdrawn and the transfer of the right to fishing opportunities shall be supervised by an institution authorised by the Minister of Agriculture.
Article 178. Transfer of the right to fishing opportunities
1. An economic entity may transfer the right to fishing opportunities for the whole remaining period of validity of such a right to another economic entity that meets the conditions specified in Article 17(11) of this Law. The economic entity that has transferred the right to fishing opportunities shall not be allocated individual fishing opportunities on the basis of the transferred right to fishing opportunities.
2. The right to fishing opportunities for a certain species may not be transferred by an economic entity in the presence of at least one of the following conditions:
1) the validity of the right to fishing opportunities granted to the economic entity has been suspended, until the suspension is lifted;
2) upon drawing up of a record of an administrative offence (hereinafter: a ‘record’) specified in Article 54 of this Law for committing a serious infringement for which, upon assignation of the points provided for in Annex XXX to Regulation (EU) No 404/2011, the sum of points accumulated by the economic entity would equal or exceed the number of points indicated in Article 129(2) of Regulation (EU) No 404/2011, until the points are deleted in the case provided for in Article 92(4) of Regulation (EC) No 1224/2009;
3) the economic entity’s right to engage in commercial fishing has been withdrawn, until the period of withdrawal of the right to engage in commercial fishing is over.
3. The Minister of Agriculture shall establish the procedure for transferring the right to fishing opportunities.
Article 179. Principles of granting the right to use fishing gear
1. A coastal fishing section or sections in which an economic entity is granted the right to use fishing gear shall be established on the basis of the coastal fishing site of the economic entity during the three selected calendar years. Each economic entity shall have the right to select any three calendar years from the last ten calendar years before the year in which the rights to use fishing gear are granted.
2. The right to use a certain amount of fishing gear shall be granted by proportionately dividing the maximum permitted amount of certain commercial fishing gear based on the share of the amount of fishery products caught by the economic entity during the whole year selected in accordance with paragraph 1 of this Article in the total amount of fishery products caught by the economic entities engaged in coastal fishing in a certain fishing section during that year (hereinafter: the ‘reference data’). The right to use fishing gear granted to the economic entity shall be calculated on the basis of the data submitted by it, contained in the state information system of fisheries data. The calculated right to use fishing gear shall be reduced by 3 per cent for each serious infringement committed during the last three calendar years and by 1 per cent for each infringement which was not recognised as serious.
3. In case of expiry of validity of the right to use fishing gear of the economic entity that has transferred all of its right to use fishing gear more than three calendar years before the expiry of the right to use fishing gear, the right to use fishing gear on the basis of the reference data shall not be re-granted to the economic entity. Where the economic entity has transferred a part of its right to use fishing gear more than three calendar years before the expiry of the right to use fishing gear, when re-granting the right to use fishing gear, it shall be calculated on the basis of the reference data for three selected calendar years after the transfer of the right. Where the economic entity has transferred all or a part of its right to use fishing gear less than three calendar years before the expiry of the right to use fishing gear, the right to use fishing gear shall be re-calculated on the basis of the reference data for the last three calendar years before the expiry of the right to use fishing gear.
4. Upon the expiry of the right to use fishing gear of an economic entity to which the right to use fishing gear has been transferred or which has acquired it by way of an auction, when re-granting the right to use fishing gear it shall be calculated on the basis of three selected calendar years after obtaining the right to use fishing gear or on the basis of the reference data for the last three calendar years before the expiry of the right to use fishing gear where the right to use fishing gear was obtained less than three calendar years before the expiry of the right to use fishing gear.
5. The rights to use fishing gear which have not yet been granted on the basis of the reference data shall be granted by way of an auction in accordance with the procedure established by the Minister of Agriculture.
Article 1710. Suspension of the right to use fishing gear, lifting of the suspension and withdrawal of the right to use fishing gear
1. An economic entity’s right to use fishing gear shall be suspended without prior warning in the presence of at least one of the following conditions:
1) a regulatory measure for fishing activity is applied – prohibition of commercial fishing;
2) the economic entity has committed three infringements of the same nature of legal acts regulating fisheries within a period of three years.
2. The right to use fishing gear shall be suspended upon written notice thereof issued to an economic entity at least 20 working days in advance in the presence of at least one of the following conditions:
1) the economic entity has, in accordance with the procedure established by the Minister of Agriculture, failed to pay for a part or the entire right to use fishing gear acquired by way of an auction. In that case, its right to use fishing gear for which it has not been paid shall be suspended;
2) the economic entity has failed to provide the data specified in Article 5(8) of this Law in accordance with the procedure established by the Minister of Agriculture or an institution authorised by him.
3. The suspension of the right to use fishing gear shall be lifted when the circumstances that caused the suspension of the right cease to exist:
1) prohibition of commercial fishing in a coastal fishing zone is lifted;
2) after the lapse of 30 calendar days from the date of suspension of the right to use fishing gear for the commission of an infringement of the same nature of legal acts regulating fisheries for the third time within a period of three years;
3) the economic entity has paid for the right to use fishing gear acquired by way of an auction within three months from the date of suspension of the right to use fishing gear. This time limit may, having regard to objective circumstances, be extended at the request of the economic entity, but for not longer than six months;
5) the economic entity has submitted the data specified in Article 5(8) of this Law.
4. An economic entity’s right to use fishing gear shall be withdrawn without prior warning in the presence of at least one of the following conditions:
1) at the written request of the economic entity;
2) a licence of the fishing vessel of the Republic of Lithuania managed by the economic entity has been permanently withdrawn under the measure specified in Article 92(3) of Regulation (EC) No 1224/2009 or the fishing vessel of the Republic of Lithuania managed by the economic entity is included on the EU list of vessels engaged in illegal, unreported and unregulated fishing, presented in the Annex to Commission Regulation (EU) No 468/2010, for a serious infringement committed after granting the right to use fishing gear. In that case, the part of the right to use fishing gear held by the economic entity for an average of one fishing vessel of the Republic of Lithuania managed by it shall be withdrawn.
5. The right to use fishing gear shall be withdrawn upon written notice thereof issued to an economic entity at least 20 working days in advance in the presence of at least one of the following conditions:
1) the economic entity has not engaged in commercial fishing for three consecutive years or for six years during the whole period of validity of the right to use fishing gear;
2) the economic entity has failed to pay for the right to use fishing gear acquired by way of an auction within the time limit specified in point 3 of paragraph 3 of this Article when its right to use fishing gear was suspended, the part of the right to use fishing gear acquired by way of an auction which has not been paid for shall be withdrawn;
3) where the economic entity or the associated economic entities have the right to use over 10 per cent of the total amount of commercial fishing gear permitted in coastal fishing, the right to use fishing gear in excess of 10 per cent of the total amount of commercial fishing gear permitted in coastal fishing shall be withdrawn.
6. The right to use fishing gear shall not be withdrawn where it is established that, in the case provided for in point 1 of paragraph 5 of this Article, an economic entity could not carry out commercial fishing due to force majeure.
7. Upon withdrawal of the right to use part of fishing gear, an authorisation for commercial marine fishing must be withdrawn where it has been issued to an economic entity, or it must be renewed where a part of the right to use fishing gear has been withdrawn.
8. Upon withdrawal of an economic entity’s right to use fishing gear fishing, the right to use fishing gear that has not been granted to economic entities shall be granted by way of an auction to the economic entities meeting the conditions specified in Article 17(11) and Article 173(5) and (6) of this Law.
9. The right to use fishing gear shall be suspended, its suspension shall be lifted, the right to use fishing gear shall be withdrawn and the transfer of the right to use fishing gear shall be supervised by an institution authorised by the Minister of Agriculture.
Article 1711. Transfer or temporary transmission of the right to use fishing gear
1. An economic entity may transfer or temporarily transmit the right to use fishing gear to another economic entity managing a fishing vessel of the Republic of Lithuania, unless the restriction of fishing capacity in a coastal fishing area, as established by the Minister of Agriculture, is exceeded.
2. An economic entity may not transfer or temporarily transmit the right to use fishing gear in the presence of at least one of the following conditions:
1) the granted right to use fishing gear has been suspended, until the suspension is lifted;
2) upon drawing up of the record specified in Article 54 of this Law for committing a serious infringement for which, upon assignation of the points provided for in Annex XXX to Regulation (EU) No 404/2011, the sum of points accumulated by the economic entity would equal or exceed the number of points indicated in Article 129(2) of Regulation (EU) No 404/2011, until the points are deleted in the case provided for in Article 92(4) of Regulation (EC) No 1224/2009;
3) the economic entity for which the right to use fixed nets is sought to be transferred or temporarily transmitted has the right to use fixed nets with an overall length of four kilometres with each fishing vessel of the Republic of Lithuania managed by it.
3. The Minister of Agriculture shall establish the procedure for transferring or temporarily transmitting the right to use fishing gear.
Article 18. Issuance of authorisations for commercial marine fishing, their suspension, lifting of the suspension, renewal and withdrawal of the authorisations
1. The period of validity of an authorisation for commercial marine fishing shall coincide with the period of validity of the right to fishing opportunities or the right to use fishing gear, and if an economic entity only has individual fishing opportunities, the authorisation for commercial marine fishing shall be valid until the economic entity exhausts all of its individual fishing opportunities, but not longer than until the end of a calendar year.
2. Authorisations for commercial marine fishing shall be issued, suspended, their suspension shall be lifted and the authorisations shall be withdrawn by an institution authorised by the Minister of Agriculture.
3. An authorisation for commercial marine fishing shall be issued upon submission of an application by an economic entity in the presence of compliance with all of the following requirements:
1) the economic entity has the right to fishing opportunities for one or more species indicated in the application (except for the species for which fishing opportunities are not set out or not allocated to individual economic entities) or individual fishing opportunities or the right to use fishing gear, and in the case of commercial fishing under the European Union agreements with foreign states there is an effective protocol to that agreement and the economic entity holds a fishing authorisation issued by a competent authority of that foreign state;
2) in the case of commercial fishing in the exclusive economic zone of a foreign state, where the European Union has not concluded an agreement on commercial fishing with that foreign state, the economic entity holds a fishing authorisation issued by a competent authority of that foreign state and the foreign state is not identified as a non-cooperating state in fighting illegal, unreported and unregulated fishing pursuant to Article 31 of Regulation (EC) No 1005/2008;
3) the economic entity has, in accordance with the procedure laid down by legal acts, the right to fish with the fishing vessel of the Republic of Lithuania for the operation of which the authorisation for commercial marine fishing is sought and the authorisation for commercial marine fishing issued for the operation of the same fishing vessel of the Republic of Lithuania has not been suspended;
4) the fishing vessel of the Republic of Lithuania for the operation of which the authorisation for commercial marine fishing is sought is not included in the EU list of vessels engaged in illegal, unreported and unregulated fishing presented in the Annex to Commission Regulation (EU) No 468/2010;
5) the special conditions established by the European Union legislation have been met, where they are applicable for issuing the authorisation for commercial marine fishing for one or more species indicated in the application;
6) where an authorisation for commercial marine fishing indicated in Article 31(5) of Regulation (EU) No 1380/2013 is sought for the operation of the fishing vessel of the Republic of Lithuania which left the European Union’s Fisheries Fleet Register and which has subsequently returned to it within 24 months:
a) the economic entity submits documentation demonstrating that the fishing vessel was not engaged in commercial fishing, or a certificate from the competent authority of the foreign state that the fishing vessel was engaged in legal commercial fishing during the period when the fishing vessel was off the European Union’s Fisheries Fleet Register;
b) where the foreign state granting the flag during the period that the vessel was off the European Union’s Fisheries Fleet Register is not recognised as a non-cooperating state with regard to combating, deterring and eliminating illegal, unreported and unregulated fishing, or as a state allowing for non-sustainable exploitation of fish stocks (hereinafter: a ‘non-cooperating state’), or where the economic entity ceased commercial fishing activities from the date on which the foreign state was recognised as a non-cooperating state and not later than within two months removed the fishing vessel from the fleet register of that foreign state;
7) commercial fishing has not been closed in a certain geographical fishing area;
8) the economic entity is not suspected of or caught committing a serious infringement specified in Article 53 of this Law, due to which it would be sought to prevent the continuation of the serious infringement and to ensure the investigation of the serious infringement without allowing to carry out commercial fishing.
4. An application for an authorisation for commercial marine fishing may be submitted at a distance by electronic means through the point of single contact or by applying directly to an institution authorised by the Minister of Agriculture. The institution authorised by the Minister of Agriculture shall, within five working days from the date of receipt of the application for an authorisation for commercial marine fishing, send an acknowledgement of receipt of the application to the applicant.
5. An institution authorised by the Minister of Agriculture shall, not later than within 15 working days from the date of receipt of an application for an authorisation for commercial marine fishing, issue the authorisation for commercial marine fishing or notify of refusal to issue it, specifying the reasons for refusal, in the manner in which the application for an authorisation for commercial marine fishing was received or in any other manner indicated in the application.
6. Where the applicant fails to provide all of the required information in the application, the institution issuing authorisations for commercial marine fishing shall, within five working days from the date of receipt of the application, notify the applicant thereof in writing and inform that the time limit for the issuance of the authorisation for commercial marine fishing will run from the date of receipt of the missing information.
7. An authorisation for commercial marine fishing shall be suspended in the presence of at least one of the following conditions:
1) the competent authority of a foreign state suspends or withdraws the authorisation for commercial fishing issued by it or the validity thereof expires (in the case of commercial fishing under the European Union agreements with foreign states);
2) an economic entity is suspected of or caught committing a serious infringement specified in Article 53 of this Law, and it is sought to prevent the continuation of the serious infringement and to ensure the investigation of the serious infringement;
3) a licence of the fishing vessel of the Republic of Lithuania for the operation of which the authorisation for commercial marine fishing has been issued is suspended;
4) in the event of a natural disaster, works carried out in marine waters or a disaster due to human activities resulting in adverse effects on fish stocks and/or prohibition of fishing, or in the event of any other threat to the fish stocks;
5) the competent authority of the foreign state suspends the authorisation for commercial fishing issued by it (in the case of commercial fishing in the exclusive economic zone of the foreign state, where the European Union has not concluded an agreement on commercial fishing with that foreign state);
6) the entire right to fishing opportunities or the right to use fishing gear is suspended;
7) an infringement of the same nature of legal acts regulating fisheries is committed for the third time within a period of three years;
8) commercial marine fishing has been closed or prohibited in a certain geographical fishing area.
8. The suspension of an authorisation for commercial marine fishing shall be lifted when the circumstances that caused the suspension of the authorisation cease to exist:
1) the competent authority of a foreign state lifts the suspension of the authorisation for commercial fishing issued by it or issues a new authorisation for commercial fishing (in the case of commercial fishing under the European Union agreements with foreign states);
2) upon examination of the case of a serious infringement a decision is adopted to terminate the proceedings or to impose a sanction not related to withdrawal of the right to engage in commercial marine fishing where the fine imposed for the serious infringement committed has been paid and the damage caused to the fish stocks has been compensated for, if provided for by the resolution;
3) the suspension of a licence of the fishing vessel of the Republic of Lithuania for the operation of which the authorisation for commercial marine fishing has been issued is lifted;
4) the circumstances referred to in point 4 of paragraph 7 of this Article have been eliminated or no longer exist;
5) the competent authority of the foreign state lifts the suspension of the authorisation for commercial fishing issued by it (in the case of commercial fishing in the exclusive economic zone of the foreign state, where the European Union has not concluded an agreement on commercial fishing with that foreign state);
6) upon lifting of the suspension of the right to fishing opportunities or the right to use fishing gear;
7) after the lapse of 30 calendar days from the date of suspension of the authorisation for commercial marine fishing for the commission of an infringement of the same nature of legal acts regulating fisheries for the third time within a period of three years;
8) upon lifting of the suspension of commercial marine fishing or its prohibition in a certain geographical fishing area.
9. An authorisation for commercial marine fishing shall be renewed in the presence of at least one of the following conditions:
1) the fishing conditions indicated in the authorisation pursuant to Annex III to Regulation (EU) No 404/2011 change;
2) in the event of renewal of the authorisation for commercial marine fishing specified in Article 177(9) of this Law;
3) in the event of renewal of the authorisation for commercial marine fishing specified in Article 1710(7) of this Law.
10. An authorisation for commercial marine fishing shall be withdrawn in the presence of at least one of the following conditions:
1) at the written request of the economic entity;
2) a licence of the fishing vessel of the Republic of Lithuania for the operation of which the authorisation for commercial marine fishing has been issued is withdrawn;
3) the fishing vessel of the Republic of Lithuania for the operation of which the authorisation for commercial marine fishing has been issued is included in the EU list of vessels engaged in illegal, unreported and unregulated fishing presented in the Annex to Commission Regulation (EU) No 468/2010;
4) the competent authority of a foreign state withdraws the authorisation for commercial marine fishing issued by it (in the case of commercial fishing in the exclusive economic zone of the foreign state, where the European Union has not concluded an agreement on commercial fishing with that foreign state);
5) the terms and conditions of the issuance of the authorisation for commercial marine fishing were violated when issuing the authorisation;
6) in the event of cessation of the legal person or death of the natural person for the operation of the fishing vessel of the Republic of Lithuania managed by whom the authorisation for commercial marine fishing was issued;
7) upon withdrawal or transfer of the entire right held by the economic entity to fishing opportunities or the right to use fishing gear or upon the expiry thereof;
8) upon the expiry of individual fishing opportunities where the economic entity has no right to fishing opportunities.
CHAPTER SIX
RECREATIONAL AND SPECIAL FISHING
Article 19. Recreational fishing
Recreational fishing in inland and marine waters shall be permitted in accordance with the procedure laid down by the Law on Recreational Fishing.
Article 20. Special fishing
1. The procedure for special fishing in marine waters shall be established by the Ministry of Agriculture and in inland waters – by the Ministry of Environment. Owners of private inland water bodies shall be compensated for the fish caught during special fishing for fish breeding purposes by the persons engaged in special fishing in accordance with the procedure established by the Ministry of Environment.
2. Natural and legal persons may engage in special fishing only if holding an authorisation for special fishing.
3. Authorisations for special fishing required for fishing in private inland water bodies or in water bodies used as fishing grounds (under an authorisation for the use of a fishing ground) shall be issued only subject to receipt of a written consent of the owners of these water bodies or users of the fishing ground.
4. In addition to the written consent referred to in paragraph 3 of this Article, authorisations for special fishing may be issued only in cases of extraordinary ecological situations (an epizootic outbreak, emergence of unwanted animal species, etc.).
Article 21. Issuance of authorisations for special fishing, their suspension, lifting of the suspension and withdrawal of the authorisations
1. Authorisations for special marine fishing shall, in accordance with the procedure for special fishing in marine waters laid down by the Ministry of Agriculture, be issued, they shall be suspended, their suspension shall be lifted, and the authorisations shall be withdrawn by an institution authorised by the Ministry of Agriculture. Authorisations for special inland fishing shall, in accordance with the procedure for special inland fishing laid down by the Ministry of Environment, be issued, they shall be suspended, their suspension shall be lifted, and the authorisations shall be withdrawn by an institution authorised by the Ministry of Environment.
2. Authorisations for special fishing shall be issued to natural or legal persons where a natural or legal person meets all of the following conditions:
1) the applicant has submitted, in accordance with the procedure established by the Ministry of Environment or the Ministry of Agriculture within their respective remit, an application for the issuance of an authorisation for special fishing substantiating the need for and appropriateness of special fishing;
2) the applicant has provided, in accordance with the procedure established by the Ministry of Environment or the Ministry of Agriculture within their respective remit, data on the special fishing previously pursued, where he was previously issued an authorisation for special fishing;
3) the applicant does not have any imposed and unpaid fine for infringements of the legal acts regulating special fishing and has compensated for the damage caused to fish stocks, where he was under the obligation to compensate for the damage caused to fish stocks;
4) the applicant’s right to engage in special fishing has not been withdrawn, or the issued authorisation for special fishing has not been suspended;
5) where the authorisation for special fishing is required for fishing in private inland water bodies or in water bodies used as fishing grounds (under an authorisation for the use of a fishing ground), and the applicant presents a written consent of the owners of these water bodies or users of the fishing ground.
3. Authorisations for special fishing shall be issued for the purpose of catching a certain amount of fish or be valid over a period required to attain objectives of special fishing. The amount of fish allowed to be caught or the period required to attain objectives of special fishing shall be determined by an institution authorised by the Ministry of Agriculture or by the Ministry of Environment within their respective remit based on the substantiated need as indicated in the applicant’s application.
4. An application for the issuance of an authorisation for special fishing and the document referred to point 5 of paragraph 2 of this Article, if it is required (hereinafter: the ‘documents for the issuance of the authorisation’), may be submitted at a distance by electronic means through the point of single contact or by applying directly to an institution authorised by the Ministry of Environment or by the Ministry of Agriculture within their respective remit. The institution authorised by the Ministry of Environment or by the Ministry of Agriculture shall, within five working days from the date of receipt of the documents for the issuance of the authorisation for special fishing, send an acknowledgement of receipt of the documents to the applicant.
5. An institution authorised to issue an authorisation for special fishing shall, not later than within ten working days from the date of receipt of the documents for the issuance of the authorisation, issue the authorisation for special fishing or notify of refusal to issue it, specifying the reasons for refusal, in the manner in which the documents for the issuance of the authorisation were received or in any other manner indicated by the applicant in the application.
6. Where the applicant submits an incomplete set of documents for the issuance of an authorisation for special fishing or an application contains incomplete information that is required to be provided, an institution issuing authorisations for special fishing shall, within five working days from the date of receipt of the documents for the issuance of the authorisation, give a written notice thereof to the applicant and inform that the time limit for the issuance of the authorisation for special fishing will run from the date of receipt of all the missing documents or information.
7. An authorisation for special fishing shall be issued in electronic format or, at the applicant’s request, in a paper format.
8. An authorisation for special fishing shall be suspended pending examination, in accordance with the procedure laid down by the Code of Administrative Offences, of a case of an offence, where a natural or legal person is suspected of committing an infringement of the legal acts regulating special fishing resulting in damage to fish stocks.
9. Suspension of an authorisation for special fishing shall be lifted upon adoption of a resolution in a case of an offence and payment by the offender of a fine imposed thereon and compensation for the damage caused to fish stocks or upon adoption of a resolution to terminate proceedings.
10. An authorisation for special fishing shall be withdrawn if at least one of the following conditions is met:
1) at a written request of a natural or legal person;
2) terms and conditions of the issuance of the authorisation for special fishing were violated when issuing the authorisation;
3) in the event of cessation of the legal person or death of the natural person whereto the authorisation for special fishing was issued.
11. Repealed as of 1 January 2017.
CHAPTER SEVEN
CONSERVATION AND RECOVERY OF FISH STOCKS
Article 22. Conservation of fish stocks
1. The planning, design, building and operation of economic or other facilities which may adversely affect fish and its environment must envisage the measures ensuring favourable fish reproduction, migration and living conditions. If, due to such activities, adverse impact on fish and its environment is unavoidable, design documentation must provide for compensation for damage or for the compensation measures to be undertaken by contractors of the activities.
2. Conservation measures for protected species and their habitats and migration routes shall be established and their implementation shall be controlled by the Ministry of Environment. The activities of improvement of breeding, spawning and migration conditions for the protected species shall be organised by the Ministry of Agriculture or an institution authorised by it.
3. The State Food and Veterinary Service shall control the epizootiological status of water bodies and, in the event of mass emergence of communicable diseases of fish, perform diagnostic tests and organise treatment and prevention activities.
Article 23. Fish breeding
1. Fish breeding in state-owned water bodies shall be carried out under programmes approved by the Ministry of Agriculture and coordinated with the Ministry of Environment.
2. The procedure for fish breeding in state-owned water bodies shall be laid down by the Ministry of Agriculture in cooperation with the Ministry of Environment.
3. A programme for fish breeding in state-owned water bodies shall be implemented by an institution authorised by the Ministry of Agriculture.
CHAPTER EIGHT
AQUACULTURE
Article 24. Aquaculture
1. Fish stocks of aquaculture ponds and closed aquaculture systems shall belong by the right of ownership to owners or managers of the ponds or of the closed aquaculture systems, where the owners have transferred the rights of ownership to fish stocks to the managers or such rights have been acquired by other lawful means.
2. In the basis of the same water source, it shall be prohibited to equip new aquaculture ponds in the upstream direction above already existing aquaculture ponds without coordinating a preliminary description of the technological process with the State Food and Veterinary Service within its remit.
3. 20-meter wide protection strips shall be designated around aquaculture ponds (hereinafter: ‘protection strips of aquaculture ponds’).
4. In a protection strip of aquaculture ponds, the following shall be prohibited:
1) to build construction works (with the exception of hydrotechnical constructions and the construction works intended for the operation and maintenance of the aquaculture ponds);
2) to use pesticides and other chemical substances not intended for the operation and maintenance of the aquaculture ponds;
3) to cultivate land, to destroy turf, to pasture cattle;
4) to equip resting places, to make fires;
5) to place motor vehicles, except for the special vehicles required for the operation and maintenance of the aquaculture ponds;
6) to bury fallen stock and rubbish, to set up dumping grounds.
5. The aquaculture pond farms meeting the following criteria shall be considered as industrial aquaculture pond farms:
1) the area of the aquaculture ponds is not less than 60 hectares;
2) farming yield and fish sales volume amount to not less than 10 tons per year.
6. In industrial aquaculture pond farms, the following shall be prohibited:
1) to use pesticides and other chemical substances not intended for the operation and maintenance of the aquaculture ponds;
2) without a permission of the owner or manager of an industrial aquaculture pond farm, to place motor vehicles and to drive them, except for the special vehicles required for the operation and maintenance of the aquaculture ponds;
3) to move freely without a permission of the owner or manager of the industrial aquaculture pond farm.
7. The Ministry of Agriculture shall develop and the Minister of Agriculture shall approve a multiannual plan for the development of aquaculture activities in the Republic of Lithuania as provided for in Article 34 of Regulation (EU) No 1380/2013. The multiannual plan for the development of aquaculture activities in the Republic of Lithuania shall be implemented with funds of the state budget of the Republic of Lithuania, EU funds and other funds.
CHAPTER NINE
MARKETING OF FISHERY PRODUCTS AND SUPPORT FOR FISHERIES
Article 25. First sale and buying-in at first sale of fishery products caught in marine waters
1. The procedure for the first sale, buying-in at first sale and control of fishery products shall be laid down by the Ministry of Agriculture.
2. The first sale and buying-in at first sale of fishery products shall take place at the places of first sale of fishery products specified by the Ministry of Agriculture or at auctions. The buying-in at first sale of fishery products at the places of first sale of fishery products as specified by the Ministry of Agriculture may be carried out by the economic entities that have pre-notified the Fisheries Service of the intention to carry out the buying-in at first sale of fishery products or by fishery producer organisations.
3. Regulations of an auction for the first sale of fishery products shall be approved by the Ministry of Agriculture.
4. Requirements of paragraph 2 of this Article shall not apply in the case stipulated in Article 59(3) of Regulation (EC) No 1224/2009.
Article 26. Right to carry out the buying-in at first sale of fishery products
1. An economic entity wishing to carry out the buying-in at first sale of fishery products must notify the Fisheries Service regarding the commencement of the intended activities of the buying-in at first sale of fishery products (hereinafter: a ‘notice’). The notice may be submitted at a distance by electronic means through the point of single contact or by applying directly to the Fisheries Service.
2. The format of a notice and the procedure for submitting it shall be specified by the Fisheries Service. In determining the format of the notice and the procedure for submitting it, the Fisheries Service may require to provide only the information and documents needed for identification of an economic entity and its listing as a buyer of fishery products at first sale.
3. The Fisheries Service shall, within three working days from the receipt of a notice, enter an economic entity onto the list of buyers of fishery products at first sale, which shall be published on the website of the Fisheries Service.
4. An economic entity may commence the buying-in of fishery products at first sale on the next working day following the submission of the notice to the Fisheries Service.
5. Upon establishing that a notice does not contain all the required information or it is false, the Fisheries Service shall, not later than within one working day from the date of receipt of the notice, inform thereof the economic entity. If the missing information or the false data contained in the economic entity’s notice do not preclude identification of the economic entity and its listing as a buyer of fishery products at first sale, it may carry out the buying-in of fishery products at first sale as provided for in paragraph 4 of this Article, however it must, within three working days from the receipt of the information from the Fisheries Service, submit a revised notice.
6. In the event of termination of activities, the buyer of fishery products at first sale must notify thereof the Fisheries Service in accordance with the procedure laid down by it.
7. An economic entity shall forfeit the right to engage in buying-in of fishery products at first sale:
1) in the event of death of a natural person or cessation of a legal person listed as a buyer of fishery products at first sale;
2) the buyer of fishery products at first sale notifies of termination of its activities and/or at its request;
3) where the entity fails to submit a revised notice within the time limit laid down in paragraph 5 of this Article.
8. Requirements of this Article shall not apply to the fishery producer organisations intending to engage in buying-in of fishery products at first sale.
Article 27. Disposal of fisheries products
1. The procedure for landing fishery products from vessels fishing in marine waters and places of landing shall be determined by the Minister of Agriculture or an institution authorised by him, and the procedure and places of landing from vessels fishing in inland waters – by the Minister of Environment or an institution authorised by him.
2. The procedure for ensuring the traceability of fisheries products in line with provisions of the common fisheries policy shall be laid down by the Minister of Agriculture or an institution authorised by him.
3. It shall be prohibited to process, sell or buy the species of fresh fish for which fishing is prohibited or is prohibited at the time and the species which are not subject to the requirement set out in Article 15 of Regulation (EU) No 1380/2013 and which are below the minimum size specified by legal acts of the European Union and the Republic of Lithuania, with the exception of aquaculture products, under approval documentation, the fish intended for fish breeding and permitted inland water catches of the size below the specified minimum size.
4. The procedure for using the fishery products from marine waters whose processing, sale or buying-in is prohibited shall be laid down by the Minister of Agriculture. The procedure for using the fishery products from inland waters whose processing, sale or buying-in is prohibited shall be laid down by the Minister of Environment.
Article 28. Recognition and withdrawal of recognition of fishery producer organisations, aquaculture producer organisations and inter-branch fishery organisations
The procedure for recognition and withdrawal of recognition of fishery producer organisations, aquaculture producer organisations and inter-branch fishery organisations shall be laid down by the Ministry of Agriculture.
Article 29. Intervention storage of fishery products
In order to maintain the level of income of users of fish stocks and the stable market in fishery products, fishery producer organisations shall carry out the intervention storage of fishery products, as provided for in Article 30 of Regulation (EU) No 1379/2013. Supervision of the intervention storage of fishery products shall be exercised by an institution authorised by the Minister of Agriculture.
Article 30. Granting of the status of approved economic operator
1. The status of approved economic operator referred to in Article 16(2) of Regulation (EC) No 1005/2008 shall allow economic entities to take advantage of facilitated customs controls procedures in importing fisheries products. An institution authorised by the Ministry of Agriculture shall grant the status of approved economic operator to the economic entities that comply with the criteria referred to in points a, b, c, d, and e of Article 16(3) of Regulation (EC) No 1005/2008.
2. Having been granted the status of approved economic operator, an economic entity shall be issued a certificate of approved economic operator in compliance with the conditions for issuing certificates of approved economic operator stipulated in Article 9 of Regulation (EC) No 1010/2009.
3. The status of approved economic operator shall be suspended, the suspension shall be lifted and the certificate of approved economic operator shall be withdrawn by an institution authorised by the Ministry of Agriculture in compliance with the conditions stipulated in Regulation (EC) No 1010/2009.
4. The procedure for issuing a certificate of approved economic operator, suspending the status of approved economic operator, lifting the suspension and withdrawing the certificate of approved economic operators shall be laid down by the Ministry of Agriculture.
5. The number and volume of import operations sufficient for granting the status of approved economic operator shall be determined by the Ministry of Agriculture.
Article 31. Support of fisheries
1. Support shall be provided to fisheries from funds of the state budget of the Republic of Lithuania, European Union funds, and other funds.
2. State aid and European Union fisheries support measures shall be administered and implemented by the institutions authorised by the Government.
3. Priorities of state aid and European Union fisheries support measures shall be set by the Government or an institution authorised by it.
4. In implementing measures and programmes and enhancing control in the area of fisheries, the Ministry of Agriculture shall use targeted revenue comprising:
1) funds recovered, in accordance with the established procedure, for the damage incurred to fish stocks in the event of infringing the laws or other legal acts regulating commercial marine fishing, as well as the confiscated income obtained by committing a serious infringement, and income obtained from the disposal of confiscated fishery products and fishing gear;
2) funds of the European Union Member States, foreign states, organisations and the public, and international organisations intended for the recovery and conservation of fish stocks;
3) funds allocated by the persons whose economic activities have an adverse effect on marine fishing for remedying this effect;
4) funds from the sale of marine catches for research purposes and the fishery products produced from such catches;
5) voluntary contributions of persons;
6) funds for individual fishing opportunities allocated by way of an auction;
7) funds allocated for the recovery and conservation of fish stocks;
8) other lawfully obtained funds.
5. The targeted revenue funds provided for in paragraph 4 of this Article shall be used for:
1) the implementation of the measures compensating for the damage incurred to fisheries, the design, construction, reconstruction, and repair of the facilities related to fisheries, the recovery, increase, and conservation of fish stocks;
2) the development of programmes for the use and increase of fish stocks, drafting of laws and other legal acts in the area of fisheries;
3) the research work related to fisheries, monitoring of fish stocks and assessment of the impact on fish stocks;
4) the provision of the state bodies exercising control of fisheries with the devices, equipment, materials and other material means necessary to exercise control, as well as to develop, manage and maintain state information systems of fisheries data;
5) education and training in the area of fisheries control, improvement of professional qualifications, publishing, dissemination of information on control of fisheries, organisation of events and competitions, upholding of fishing traditions, covering of expenses for the implementation of international projects and agreements in the area of fisheries control.
CHAPTER TEN
FISHERIES CONTROL
Article 32. Organisation of fisheries control
1. Control/supervision of the implementation of the Common Fisheries Policy, this Law and other legal acts regulating fisheries shall, within the respective remit, be organised, coordinated and controlled by the Ministry of Environment or an institution authorised by it and the Ministry of Agriculture or an institution authorised by it and shall be exercised by institutions of state control of environmental protection and the Fisheries Service. In performing these functions, the Ministry of Environment or the institution authorised by it and the institutions of state control of environmental protection shall comply with the Law of the Republic of Lithuania on State Control of Environmental Protection and the Law of the Republic of Lithuania on Public Administration (hereinafter: the ‘Law on Public Administration’), while the Ministry of Agriculture and the Fisheries Service – this Law and the Law on Public Administration.
2. The State Food and Veterinary Service shall perform the following functions:
1) control/supervise, within its remit, the compliance of fisheries products with safety, quality, labelling, and other mandatory requirements at all stages of production, processing, and disposal of fisheries products;
2) additionally verify, at retail sales points of fisheries products, whether fresh fish marketed for consumption was caught during the closed season or by recreational fishing and whether fish catches of the size below the minimum size are marketed in accordance with provisions of Article 15(11) and (12) of Regulation (EU) No 1380/2013;
3) apply, within its remit, contagious animal disease monitoring, prevention and control measures in aquaculture ponds, water bodies and closed aquaculture systems.
3. The Fisheries Service shall exercise control/supervision of the implementation of the legal acts regulating fisheries at all stages of production, processing and disposal of marine fishery products, with the exception of the functions indicated in paragraph 2 of this Article.
4. Institutions of state control of environmental protection shall exercise control/supervision of the implementation of the legal acts regulating commercial inland fishing.
Article 33. Fishery observers
1. If required by international fisheries organisations, the fishing vessels of the Republic of Lithuania fishing in water areas under their jurisdiction must take on board fishery observers. The fishery observers may be appointed also to other fishing vessels of the Republic of Lithuania fishing in marine waters.
2. The procedure for carrying out activities of fishery observers on board fishing vessels of the Republic of Lithuania shall be established by the Ministry of Agriculture or an institution authorised by it.
3. Fishery observers shall be appointed to fishing vessels of the Republic of Lithuania by an institution authorised by the Ministry of Agriculture.
Article 34. Systems used to ensure fisheries control
1. The procedure for applying the systems used to ensure fisheries control, as required for the implementation of legal acts of the European Union, shall be established by the Ministry of Agriculture or an institution authorised by it.
2. The state-owned systems used to ensure fisheries control shall be managed, used, and disposed of by the Ministry of Agriculture or by an institution authorised by it, which shall establish a procedure for exercising ownership rights.
3. The equipment of the state-owned systems used to ensure fisheries control and other means may, in accordance with the procedure laid down by the Government, be transferred under a loan for use agreement for temporary gratuitous management and use to economic entities, provided that they need the equipment and other means to perform the functions related to fisheries control as long as they carry out the fisheries activities specified in the agreement or until the loan for use agreement is terminated in accordance with the procedure laid down by legal acts.
4. A decision on the transfer of state assets under a loan for use agreement to the entities referred to in paragraph 3 of this Article shall be taken and the loan for use agreement shall be concluded by the manager of state assets being transferred.
Article 35. Repealed as of 16 July 2016.
Article 36. Duties, rights and liability of officers of fisheries control
1. A civil servant of the Fisheries Service or an employee working under a contract of employment whose job descriptions include functions of fisheries control shall be considered to be an officer of fisheries control. The status of the officer of fisheries control shall be evidenced by his service card.
2. In exercising fisheries control, officers of the Fisheries Service shall:
1) verify economic entities’ compliance with provisions of the laws regulating fisheries and other legal acts;
2) check the documentation evidencing the lawfulness of acquisition of fishery products and examine the fishery products (whether the quantity, type, quality, and other characteristics are consistent with the data indicated in the documentation);
3) exercise supervision of fisheries and inspect fishing vessels of the Republic of Lithuania in waters and ports of the European Union, ports of foreign states, their economic zones (with the consent of the parties), water areas under the jurisdiction of international fishery organisations, in other international waters, as well as fishing vessels of the European Union Member States and foreign states in marine waters in compliance with provisions of international and European Union legal acts;
4) inspect vehicles of the persons suspected of committing infringements in order to prevent the infringements subject to liability;
5) in accordance with the procedure laid down by law, carry out personal search and inspect personal belongings, seize items and documents, also inspect the location whereat an offence was committed and, upon detecting elements of a criminal act, notify thereof the competent authorities;
6) detect infringements and identify the persons that have committed the infringements, impose liability thereon;
7) upon receiving a notice of an infringement, take all measures to ensure detection of the infringement and identification of the persons that have committed the infringement and, where they are not able to do it themselves, inform the competent state institution for it to take measures to detect the infringement and to identify the persons that have committed the infringement;
8) in accordance with the procedure laid down by law, examine cases of infringements and impose administrative penalties or economic sanctions;
9) bring, in the cases specified by law, a person subject to administrative liability to the police or to premises of a municipal ward in rural areas for identification and drawing up of a record;
10) be under the obligation to wear a uniform of the established model.
3. Officers of fisheries control shall, regardless of the location of their service, have the right:
1) to exercise control of fisheries in the whole of the territory of the Republic of Lithuania, its territorial sea and exclusive economic zone, on board fishing vessels of the Republic of Lithuania in ports of the European Union, ports of foreign states, their economic zones (with the consent of the parties), waters of the European Union, water areas under the jurisdiction of regional fisheries management organisations, in other international waters, as well as the fishing vessels of the European Union Member States and foreign states in marine waters in compliance with provisions of international and European Union legal acts;
2) to obtain from natural and legal persons documents and information necessary to prevent infringements, including the information which constitutes a state or official, commercial or industrial secret, to the extent that this is related to the use of fish stocks;
3) acting in accordance with international law and provisions of legal acts of the European Union and the Republic of Lithuania, to stop, inspect and detain fishing vessels of the Republic of Lithuania, other European Union Member States and foreign states, other means of waterborne transport in ports of the Republic of Lithuania, its territorial sea and exclusive economic zone, fishing vessels of Lithuania Republic – in waters of the European Union, fishing vessels of the European Union – in international waters and the waters of foreign states under international agreements;
4) to enter, in accordance with the procedure laid down in Article 39 of this Law, the territory used by an economic entity and the facilities located therein;
5) in accordance with the procedure laid down in laws, to carry out personal search and inspect belongings, seize items and documents, also to inspect the location whereat an infringement was committed;
6) when going to the location whereat an infringement was committed or when pursuing a fishing vessel or a vehicle which is driven or which carries the persons suspected of committing the infringement, to use blue flashing lights in accordance with the procedure laid down by the Government;
7) to stop and enter vehicles of the persons suspected of committing infringements and to inspect them;
8) to draw up records, statements, and other documents of the established format.
4. Officers of fisheries control who fail to take action to ensure compliance with the requirements stipulated in the laws or other legal acts regulating the use of fish stocks or who exceed the powers conferred on them shall be held liable in accordance with the procedure laid down in laws.
5. The procedure for carrying out inspections of the exercise of fisheries control by officers of fisheries control shall be laid down by the Minister of Agriculture or an institution authorised by him.
6. The provisions of this Article and Articles 37-52 of this Law related to fisheries control in respect of economic entities shall apply mutatis mutandis to foreign nationals, stateless persons and the legal persons registered in foreign states which export to the Republic of Lithuania fishery products and/or carry out commercial marine fishing. Provisions of this Article and Articles 37, 46, 47, 48, 49 and 50 of this Law related to fisheries control in respect of economic entities shall mutatis mutandis apply also to the persons engaged in recreational fishing in marine waters.
Article 37. Procedure for inspecting activities of economic entities
1. When directly inspecting activities of economic entities, an officer of fisheries control must:
1) introduce himself to the authorised representative of an inspected economic entity (hereinafter: the ‘economic entity’s representative’), present a service card and indicate the purpose of inspection;
2) explain to the economic entity’s representative his right to participate in the inspection and to submit the requests and proposals related to the inspection;
3) provide, at the request of the economic entity whose activities are subject to inspection, additional information directly related to the inspection;
4) upon detecting an infringement, briefly indicate the substance of the infringement to the representative of the economic entity which has committed the infringement and demand termination of the infringement;
5) upon completing the inspection, forthwith draw up an inspection report in the format specified by the Minister of Agriculture or an institution authorised by him, which must include the fact of the inspection and the infringement, if such has been committed, and a record, both of which shall be submitted for familiarisation and signature to the representative of the economic entity whose activities are being inspected. If the record cannot be drawn up at the place of commission of the infringement due to the absence of the person who is subject to liability or of the economic entity’s representative or due to the lack of suitable conditions for the drawing up of the record (due to adverse weather conditions, high waves while on board vessel, etc.), it must be drawn up not later than within 20 working days from the detection of the infringement. If during this period the person who is subject to administrative liability or the economic entity’s representative does not appear to participate in the drawing up of the record, the record shall be drawn up in the absence of the person who is subject to liability or the economic entity’s representative;
6) include in the inspection report the requests and complaints submitted by the representative of the inspected economic entity;
7) at the request of the economic entity’s representative, hear complaints, statements or, if they are submitted in writing, accept them.
2. When inspecting activities of economic entities at a distance and upon detecting an infringement, an officer of fisheries control must:
1) forthwith record the date of detection of the infringement and its nature in the state information system of fisheries data;
2) notify the person who has committed the infringement or the economic entity or representative thereof of the detected infringement, demand termination of the infringement, and appear to participate in the drawing up of a record;
3) accept infringement-related complains, statements, and clarifications of the person who has committed the infringement or the economic entity;
4) provide, at the request of the person who has committed the infringement or of the economic entity, additional information directly related to the detection of the infringement;
5) draw up the record not later than within 40 working days from the detection of the infringement. If during this period the person who is subject to administrative liability or the economic entity’s representative does not appear to participate in the drawing up of the record, the record shall be drawn up in the absence of the person who is subject to liability or the economic entity’s representative.
Article 38. Seizure of a tool or object of commission of a serious infringement
1. Upon recognising an infringement as serious in accordance with Article 54 of this Law, officers of fisheries control and authorised customs officers shall have the right to seize the fishing gear which is a tool of the infringement and/or the fishery products which are the object of the infringement. The fishery products which are the object of the infringement shall be seized if the economic entity fails to provide a guarantee in the amount of the value of the fishery products caught, determined in accordance with Article 57(4) of this Law.
2. Pending the examination of the case of a serious infringement, the fishing gear seized shall be kept with the officers who are entitled to seize items at specified places, and upon the completion of the examination of the case and based on the resolution adopted, the fishing gear shall be confiscated or returned to their rightful possessor.
3. Seized fishing products shall, by a resolution of an institution or officer examining the case of a serious infringement, be disposed of in accordance with the procedure for disposing of confiscated property laid down by the Government.
4. If a serious infringement is not subject to an additional sanction, namely, confiscation of the fishery products which were the direct object of the commission of the serious infringement, the rightful possessor shall be repaid the amount which has actually been received by the State for the sold fishery products (deducting the amounts paid to natural and legal persons for the storage and disposal of the fishery products and for other services which have been provided, also other fishery product-related costs which have been incurred and paid) or be returned the guarantee indicated in paragraph 1 of this Article.
5. A resolution to confiscate fishing gear, which is a tool of the commission of an infringement, and fishery products, which are the object of the infringement, shall be executed by way of gratuitous transfer of the seized fishing gear and funds received for the disposal of the seized fishery products into the ownership of the State.
6. Confiscated fishing gear shall be accounted for, returned to the rightful possessor or disposed of. Confiscated income obtained by committing a serious infringement, also income obtained from the confiscated fishery products that have been disposed of and from fishing gear shall be used for the purposes provided for in Article 31(5) of this Law.
Article 39. Entry into the territory used by an economic entity and the facilities located therein
1. Upon presenting a service card, an officer of fisheries control conducting an inspection of an economic entity may freely enter (on foot, in a vehicle) the territory used by the economic entity and the facilities located therein (construction works, installations, premises, etc.) during working hours.
2. An officer of fisheries control shall have the right to enter the territory used by an economic entity also outside working hours together with the economic entity’s administration representative, owner or a representative thereof, where there is a reasonable suspicion that infringements are being committed.
3. If officers of fisheries control have knowledge or reasonably suspect that an economic entity has committed a serious infringement, in the event that the administration representative or owner of the territory used by the economic entity cannot be found or they refuse to take part in the inspection and avoid to appoint an authorised representative or refuse to allow the officers of fisheries control to enter the territory used by the economic entity, where it is otherwise impossible to prevent an infringement or it is necessary to prevent the destruction of evidence of the infringement, the officers of fisheries control may enter the territory used by the economic entity outside working hours and carry out fisheries control in their absence.
Article 40. Cases of giving a mandatory instruction
A mandatory instruction shall be given in the cases when:
1) there is a threat that requirements of the laws regulating the use of fish stocks or other legal acts will be infringed;
2) an infringement is continuous, and upon detecting the infringement and imposing punishment on the guilty parties a time limit for terminating it is laid down;
3) a time limit for eliminating the causes of the infringement is laid down;
4) a time limit for eliminating the consequences arising out of the infringement is laid down;
5) damage has been incurred to fish stocks, and measures for recovery of fish stocks and time limits for their implementation are established.
Article 41. Content of a mandatory instruction
1. A mandatory instruction must indicate:
1) the name, surname, and job title of an officer of fisheries control giving the mandatory instruction;
2) the date and venue of drawing up of the mandatory instruction;
3) the person to whom the mandatory instruction is given – the name and registered office of a legal person or the name, surname, personal number, and the place of residence of a natural person;
4) the infringements or their consequences or the factors which create conditions for the infringements that the person to whom the mandatory instruction is given must eliminate, or the fish stock recovery measures that the person to whom the mandatory instruction is given must implement, and the time limit within which the person must do it;
5) the procedure for appealing against the mandatory instruction.
2. A mandatory instruction shall be presented for signature and delivered to the representative of a legal person or to a natural person to whom the mandatory instruction is given. Where the representative of the legal person or the natural person refuses to sign, this shall be recorded in the mandatory instruction, and it shall be sent to them by registered mail.
Article 42. Time limits for complying with a mandatory instruction
1. The time limit for complying with a mandatory instruction, which may not exceed three months, shall be laid down by an officer of fisheries control giving the mandatory instruction based on the period of time which, having regard to objective circumstances, is required to meet the requirements set in the mandatory instruction.
2. An officer of fisheries control may establish a longer time limit for complying with a mandatory instruction upon coordination with his immediate superior.
Article 43. Extension of time limits for complying with a mandatory instruction
1. At the written request of an economic entity which has been given a mandatory instruction, where due to objective reasons it is unable to timely comply with the instruction given, the time limit for complying with the instruction may be extended.
2. Extension of the time limit for complying with a mandatory instruction may be requested not later than seven days before the expiry of the time limit for complying with the mandatory instruction.
3. A decision on extension of the time limit for complying with a mandatory instruction, but not longer than for two more months, shall be taken by an officer who has given the mandatory instruction upon coordination with his immediate superior.
Article 44. Appeal against a mandatory instruction
1. A mandatory instruction may be appealed against by the economic entity whereto it is given.
2. A mandatory instruction may be appealed against to the head of the Fisheries Service within ten days from its service.
3. An appeal against a mandatory instruction must be examined within five working days from the registration of the appeal.
4. The head of the Fisheries Service shall, upon examining an appeal, take one of the following decisions:
1) leave the mandatory instruction unchanged;
2) amend the mandatory instruction by reducing the requirements stipulated therein or extending the time limit for complying with it;
3) withdraw the mandatory instruction and forward it to the officer who has given it for re-issuing;
4) withdraw the mandatory instruction.
5. A decision of the head of the Fisheries Service may be appealed against to court in accordance with the procedure laid down by the Law of the Republic of Lithuania on Administrative Proceedings (hereinafter: the ‘Law on Administrative Proceedings’).
Article 45. Actions of officers of fisheries control in the event of failure to comply with requirements of a mandatory instruction upon the expiry of the time limit for complying with the instruction
In the event of failure to timely comply with a mandatory instruction, an officer of fisheries control must impose administrative liability on the economic entity defaulting on the mandatory instruction for the failure to comply with the instruction, for infringements of the laws and other legal acts regulating the use of fish stocks in respect whereof the mandatory instruction has been given (if an infringement is continuous), also re-issue the mandatory instruction with time limits for compliance to be laid down in accordance with provisions of this Law or, where the mandatory instruction is given for the reasons indicated in point 5 of Article 40 of this Law, bringing a lawsuit for compensation for the damage caused to the fish stocks.
Article 46. Grounds for emergence of the right to stop, inspect vehicles and enter them
Officers of fisheries control shall have the right to stop, inspect vehicles and enter them in the cases when:
1) they have knowledge or reasonably suspect that in a vehicle, there are persons that have committed infringements;
2) the vehicle is a tool or means of commission of an infringement;
3) they have knowledge or reasonably suspect that the vehicle is carrying unlawfully acquired fisheries products.
Article 47. Requirements when stopping and inspecting a vehicle
1. An officer of fisheries control stopping a vehicle must wear an official uniform.
2. The requirement to stop a vehicle shall be expressed by giving the driver a signal with a traffic rod or a red reflector disk.
3. During the night, vehicles shall be stopped in accordance with the following requirements:
1) an officer of fisheries control must wear an official uniform with reflective elements and use only a car marked with special livery;
2) the car’s crew must consist of at least two officers of fisheries control, and when working together with officers from other institutions (police, etc.) – in addition to an officer of fisheries control, at least one more officer from another institution;
3) the vehicles shall be stopped using a traffic rod or a reflector disk, with blue flashing lights of the car marked with special livery turned on.
4. Upon stopping a vehicle, one of the officers of fisheries control working as a member of the crew must immediately approach the driver, explain the reason for stopping the vehicle, indicate his place of service, position, surname, and, at the person’s request, present a service card.
5. If the driver of a vehicle does not obey the requirement to stop it, an officer of fisheries control must chase the vehicle using a car of the Fisheries Service with blue flashing lights and special sound signals turned on and immediately inform the police about the direction of movement of the vehicle being chased.
6. Officers of fisheries control shall inspect a vehicle and items therein in the presence of the owner or user of the vehicle, except in the cases when the inspection cannot be postponed. In this case, two external persons must participate in the inspection.
Article 48. Grounds for emergence of the right to detain vessels and other means of waterborne transport
Officers of fisheries control shall have the right to detain vessels or other means of waterborne transport and initiate an investigation of an infringement where:
1) they reasonably suspect that a fishing vessel or another means of waterborne transport of the Republic of Lithuania, other European Union Member States in ports of the Republic of Lithuania, territorial sea or exclusive economic zone has infringed the laws or other legal acts regulating the use of fish stocks;
2) a notice has been received from foreign states, the European Union Member States, competent authorities of the European Union or regional fisheries management organisations that a vessel or another means of waterborne transport flying the flag of the State of Lithuania is suspected of having infringed the laws or other legal acts regulating the use of fish stocks of a foreign state or a European Union Member State in ports, territorial sea or exclusive economic zone of this foreign state or the European Union Member State;
3) a request has been received from foreign states, the European Union Member States, competent authorities of the European Union or regional fisheries management organisations to initiate an investigation in respect of a vessel or another means of waterborne transport entering a port of the Republic of Lithuania on a voluntary basis which has infringed the laws or other legal acts regulating the use of fish stocks in the territorial sea or exclusive economic zone of the requesting state.
Article 49. Stopping of vessels
1. An instruction to the master of a vessel to stop the vessel shall, taking into account the specific situation and weather conditions, be transmitted using the International Code of Signals, a Very High Frequency (VHF) radio station channel, international radio communications, light signals, pyrotechnic signals, flags, signal flares, and light signal devices.
2. In order to comply with an instruction of an officer of fisheries control, the master of a vessel must, without prejudice to the requirements of safe navigation, stop the vessel as soon as possible.
3. If officers of fisheries control stop a vessel using a vessel intended for fisheries control, the vessel must display distinctive marks in accordance with the procedure laid down in Article 102 of Regulation (EU) No 404/2011.
4. Upon stopping of a vessel, officers of fisheries control shall board the vessel in accordance with the procedure laid down in Article 103 of Regulation (EU) No 404/2011 and conduct an inspection without delay.
5. Officers of fisheries control may stop a vessel for not longer than required to conduct an inspection.
6. If a vessel does not stop when so required by officers of fisheries control, these officers shall inform thereof the authorities of the Republic of Lithuania authorised to forcibly stop vessels. These authorities must take the actions provided for in legal acts to stop the vessel as required by an officer of fisheries control.
7. Officers of fisheries control shall immediately inform the State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania (hereinafter: the ‘State Border Guard Service’) about the stopping of a vessel.
Article 50. Inspection of vessels
1. With a view to investigating infringements, officers of fisheries control shall have the right to inspect vessels in accordance with the procedure laid down in Article 104 of Regulation (EU) No 404/2011.
2. In inspecting a vessel, an officer of fisheries control must:
1) introduce himself to the master of the vessel or a member of the crew designated by him, present a service card, and explain the purpose of the inspection;
2) explain to the master of the vessel or the member of the crew designated by him his right to participate in the inspection and to submit the requests and proposals related to the inspection;
3) in the event of detection of an infringement, indicate the substance of the infringement to the master of the vessel or the member of the crew designated by him and require to terminate the infringement;
4) upon completing the inspection, draw up an inspection report in the format specified by the Ministry of Agriculture or an institution authorised by it;
5) record in the inspection report the requests and complaints of the master of the vessel subject to inspection or the member of the crew designated by him.
Article 51. Detention of a vessel
1. Upon collecting sufficient evidence to suggest that a vessel has committed an infringement, an officer of fisheries control shall have the right to detain the vessel in order to fully and objectively investigate this infringement
2. A vessel shall be detained by a decision of an officer of fisheries control. The format of the decision on detention of a vessel shall be specified by the Fisheries Service.
3. If an officer of fisheries control takes a decision on detention of a vessel, the vessel must proceed to a port. If the vessel refuses to proceed to the port, the officer of fisheries control shall inform thereof the authorities of the Republic of Lithuania authorised to forcibly take vessels to the port. These authorities must take actions, as stipulated in legal acts, to ensure the taking to the port of the vessel which has failed to comply with the demand of the officer of fisheries control to proceed to the port. The officer of fisheries control shall immediately inform the State Border Guard Service about the presence of a detained vessel or the forced taking of the vessel to the port.
4. An officer of fisheries control shall immediately inform the competent authorities of the state whose flag the vessel is flying, the State Border Guard Service and the seaport master about a decision on detention of a vessel.
5. A seaport master shall not allow a detained vessel to leave the port until he receives from an officer of fisheries control a written notice of termination of detention or expiry of the period of detention of the vessel.
6. A decision on detention of a vessel may be appealed against within ten days from the taking thereof to a district court of a region/city.
7. An appeal against a decision on detention of a vessel shall not suspend the enforcement of the decision.
8. The costs of stay of a detained vessel in a port shall be borne by the owner/operator of the vessel. A detained vessel must not leave the port until the outstanding costs of stay of the detained vessel in the port are paid or until the master or owner or operator of the detained vessel provides guarantees to an officer of fisheries control or the court or the prosecutor authorised by law to examine the infringement case or the court authorised by law to examine the criminal case whereto the case file has been forwarded that these costs will be paid after the vessel’s departure.
Article 52. Withdrawal and validity of a decision on detention of a vessel
1. An officer of fisheries control shall adopt a resolution in the format specified by the Fisheries Service to withdraw a decision on detention of a vessel in the following cases:
1) the suspicions indicated in the decision have not been confirmed;
2) the damage caused by an infringement of the laws or other legal acts regulating the use of fish stocks is compensated for and/or all the penalties imposed have been complied with, unless international treaties provide otherwise;
3) guarantees of compliance with the sanctions imposed for the infringement have been provided.
2. When an officer of fisheries control forwards a case file to the court authorised by law to hear an infringement case, the court shall verify the validity of the detention of a vessel and, if necessary, adopt a ruling on withdrawal of the decision on detention of the vessel.
3. When an officer of fisheries control forwards the collected material to a pre-trial investigation institution, a decision on detention of a vessel shall be valid for a period of five days from the date of forwarding of the material to the pre-trial investigation institution, except in the cases when a prosecutor adopts a resolution to terminate the detention of the vessel or adopts, in accordance with the procedure laid down by the Code of Criminal Procedure of the Republic of Lithuania, a resolution on temporary restriction of ownership rights. In this case, the decision on detention of the vessel shall be valid until adoption of the resolution on termination of the detention of the vessel or until adoption of the resolution on temporary restriction of ownership rights.
4. Copies of a resolution adopted by an officer of fisheries control to annul a decision on detention of a vessel or a ruling of the court authorised by law to hear an infringement case, a resolution of a prosecutor to terminate detention of the vessel or resolution on imposition of temporary restriction of ownership rights, a ruling of a pre-trial investigation judge on lifting or extension of the term of temporary restriction of ownership rights, a ruling of the court authorised by law to hear a criminal case on imposition, extension of the term or lifting of temporary restriction of ownership rights shall be despatched without delay to the master of the detained vessel, the competent authorities of the state whose flag the vessel is flying, the State Border Guard Service, and the seaport master.
5. Where a resolution on detention of a vessel ceases to have effect on the grounds provided for in paragraph 3 of this Article, a prosecutor shall immediately inform the institutions referred to in paragraph 4 of this Article and the master of the vessel about the expiry of the period of detention of the vessel.
6. The Fisheries Service and officers of fisheries control shall be subject to liability for the losses incurred due to an unlawful stopping or detention of a vessel in accordance with the procedure laid down by law.
CHAPTER ELEVEN
LIABILITY OF ECONOMIC ENTITIES FOR SERIOUS INFRINGEMENTS IN THE AREA OF FISHERIES
Article 53. Serious infringements
1. The following shall be considered as serious infringements in the area of fisheries:
1) the infringements indicated in Article 42(1) of Regulation (EC) No 1005/2008, where they are recognised as serious infringements by the officers referred to in Article 54(1) of this Law;
2) the infringements indicated in Article 90(1) of Regulation (EC) No 1224/2009, where they are recognised as serious infringements by the officers referred to in Article 54(1) of this Law.
2. The infringements indicated in paragraph 1 of this Article shall be recognised as serious infringements in the area of fisheries if they conform to at least one of the following criteria:
1) the damage caused to fish stocks as a result of an infringement exceeds the value of 50 base penalties;
2) storage, transport, processing, sale, and buying-in, including imports, of products of illegal, unreported and unregulated fishing referred to in Article 2 of Regulation (EC) No 1005/2008, if their value exceeds 10 base penalties;
3) the margin of tolerance of the quantities of fishing products indicated in accounting documentation as laid down in Regulation (EC) No 1224/2009 exceeds 10 per cent and the value of the fishery products whose share of the margin of tolerance is in excess of 10 per cent exceeds ten base penalties, or failure to keep accounts of fishery products;
4) discarding of fishery products or failure to land them from a fishing vessel in the cases where the requirement stipulated in Article 15 of Regulation (EU) No 1380/2013 must be complied with;
5) individual fishing opportunities have been exceeded by more than 10 per cent;
6) the maximum continuous power of the fishing vessel’s propulsion engine exceeds by more than 10 per cent the power of the fishing vessel indicated in the European Union’s Fisheries Fleet Register;
7) the documents referred to in Regulation (EC) No 1005/2008 are falsified, or such false or invalid documents are used, the evidence related to the investigation is concealed, falsified or destroyed, the officers referred to in paragraph 1 of this Article or fishery observers are prevented from performing their duties;
8) the fishing vessel’s identification marks, identity or registration data have been falsified or concealed;
9) commercial fishing in the absence of an authorisation for commercial marine fishing or commercial fishing in violation of the terms and conditions indicated in the authorisation for commercial marine fishing;
10) commercial fishing during a closed season or commercial fishing of the species whose fishing is prohibited or prohibited at the time;
11) use of prohibited commercial fishing gear or the gear whose allowed parameters have been exceeded by more than 10 per cent;
12) provision of support, supplies, trans-shipment or participation in joint fishing activities involving the fishing vessels which are included in the EU List of Vessels Engaged in Illegal, Unreported and Unregulated Fishing presented in the Annex to Regulation (EU) No 468/2010 or in the List of Vessels Engaged in Illegal, Unreported and Unregulated Fishing drawn up by at least one regional fisheries management organisation, or which are not authorised to engage in fishing in a certain geographical fishing area;
13) the value of the fishery products obtained in the course of the infringement or not included in accounts, as required by Regulation (EC) No 1224/2009, makes up more than 10 per cent of the economic entity’s average monthly income (the average of the last 12 months) from fishing or marketing of fishery products or, if the economic entity has commenced commercial fishing or marketing of fishery products over the last 12 months – average monthly income from fishing or marketing of fishery products for the period during which the commercial fishing or marketing of fishery products was carried out;
14) an infringement of the same nature is committed for the third time within a period of three years.
3. The provisions of this Chapter related to liability of economic entities for serious infringements shall apply mutatis mutandis also to foreign nationals, stateless persons and the legal persons registered in foreign states which export to the Republic of Lithuania fishery products and/or engage in commercial marine fishing.
Article 54. Recognition of serious infringements and drawing up of a record
1. Infringements shall be recognised as serious, and records shall be drawn up by:
1) officers of fisheries control of the Fisheries Service – in respect of the serious infringements referred to in Article 90(1) of Regulation (EC) No 1224/2009 and in Article 42(1)(a) of Regulation (EC) No 1005/2008 and in respect of a serious infringement referred to in Article 42(1)(c) of Regulation (EC) No 1005/2008, in the event of falsification and use of false documents or submission of invalid documents to the Fisheries Service;
2) authorised customs officers – in respect of a serious infringements referred to in Article 42(1)(b) of Regulation (EC) No 1005/2008 and in respect of a serious infringements referred to in Article 42(1)(c) of Regulation (EC) No 1005/2008, in the event of falsification and use of false documents or submission of invalid documents to the customs.
2. In order to terminate a serious infringement being committed, to prevent serious infringements, to drawn up records and to ensure the examination of cases and enforcement of resolutions, officers of fisheries control shall, in accordance with the procedure laid down by the Minister of Agriculture, apply one or more immediate enforcement measures:
1) give a mandatory instruction to terminate fishing;
2) order a fishing vessel to proceed to a port;
3) detain a vehicle for inspection;
4) seize the fishing gear which is a tool of the infringement and/or the fishery products which are the object of the infringement, or a guarantee in the amount equal to the value of the fishery products caught;
5) detain a fishing vessel;
6) suspend an authorisation for commercial marine fishing.
3. When taking a decision to apply an immediate enforcement measure/measures, officers of fisheries control shall, in selecting a specific immediate enforcement measure/measures and its/their scope, take into account the seriousness of a detected infringement, its impact on fish stocks, duration and recurrence of the infringement, previous infringements and the sanctions imposed, cooperation with offices, the amount of losses avoided or damage caused, and other relevant circumstances.
4. Upon drawing up a record in accordance with procedure laid down in Article 37 of this Law, one copy thereof together with other material of the case shall, not later than within three working days from the drawing up of the record, be forwarded for examination to the commission indicated in Article 55(1) of this Law or to an officer within their respective remit, and the other copy shall be immediately served upon the economic entity suspected of the commission of a serious infringement
5. A record shall include: the date and venue of drawing up thereof, the position, name and surname of the person who has drawn it up; data concerning the economic entity held liable; the place and time of commission of a serious infringement and subject matter thereof; the article, paragraph and point of Regulation (EC) No 1224/2009 or Regulation (EC) No 1005/2008 which has been infringed by the economic entity; the names, surnames and addresses of witnesses, if any; clarifications of the authorised representative of the economic entity held liable; other information necessary to examine the case.
6. A record shall be signed the person who has drawn it up and the economic entity which is held liable or its authorised representative; if there are witnesses, these persons may also sign the record. If the economic entity held liable or its authorised representative refuses to sign the record or is absent when drawing it up, this shall be entered in the record.
7. The economic entity held liable or its authorised representative shall be entitled to attach to a record clarifications and observations on the content of the record, as well as to state reasons for the refusal to sign the record.
8. When drawing up a record, the economic entity which is held liable or its authorised representative shall be explained the rights and duties of an economic entity provided for under this Law, which shall be entered in the record.
Article 55. Examination of a case of a serious infringement and adoption of a resolution
1. Cases of serious infringements shall be examined and one of the resolutions referred to in paragraph 8 of this Article shall be adopted by:
1) the commission formed from officers of fisheries control and other competent employees of the Fisheries Service by an order of the head of the Fisheries Service – in respect of the serious infringements referred to in Article 54(1)(1) of this Law;
2) a customs officer authorised to examine cases of the serious infringements stipulated in this Law – in respect of the serious infringements referred to in Article 54(1)(2) of this Law.
2. The rules of procedure of the commission referred to in point 1 of paragraph 1 of this Article shall be specified by the Fisheries Service.
3. Cases of serious infringements shall be examined and resolutions in a case of a serious infringement shall be adopted within 40 working days from the receipt of a record and other material of the case by the commission or the officer referred to in paragraph 1 of this Article. Sanctions for a serious infringement may not be imposed if from the commitment of the serious infringement or, in the event of a continuous serious infringement, from the transpiration thereof more than five years have lapsed and more than three years – from the detection of the serious infringement.
4. An economic entity suspected of committing a serious infringement shall be notified of the date, time and venue of examination of a case of the serious infringement not later than ten days in advance by registered mail at the address of the place of residence of a natural person or of the registered office of a legal person indicated in the Register of Legal Entities, except in the cases when the legal person indicates another address for correspondence or when the summons is sent to the electronic mail delivery address indicated in the Register of Legal Entities.
5. Cases of serious infringements shall be examined in accordance with the oral procedure. If an economic entity suspected of committing an infringement is given a timely and adequate notice of the date, time and venue of examination of the case, but the economic entity or his representative fails to appear and does not provide documentation to justify his absence, the case may be examined in his absence.
6. A meeting whereat parties to the case are heard and witnesses are examined shall be public. The commission or the officer referred to in paragraph 1 of this Article may, on its/his own initiative or at the request of the parties to the case, declare the meeting or a part thereof closed, if it is necessary to protect a state or official secret or a commercial secret of an economic entity.
7. If the commission or the officer referred to in paragraph 1 of this Article or another entity provides new evidence at any stage of the proceedings, an economic entity shall be entitled to immediately access it and to provide clarifications regarding it no less than within five working days from obtaining access to the evidence provided. In this case, the time limit for the examination of the case of a serious infringement and adoption of a resolution may be extended by five working days.
8. Upon examining a case of a serious infringement, one of the following resolutions shall be adopted:
1) to impose a sanction specified by this Law;
2) to terminate the proceedings;
3) to refer the case back for further investigation;
4) to forward, upon giving reasons therefor, the examination of the case to the commission or the officer referred to in paragraph 1 of this Article.
9. A resolution must indicate: the name of the commission or the name, surname and position of the officer that has adopted the resolution and is referred to in paragraph 1 of this Article; the date of the examination of the case; data on the economic entity whose case is under examination; data on other parties involved in the case; the circumstances established during the examination of the case and their reasoned assessment; the article, paragraph and point of Regulation (EC) No 1224/2009 or Regulation (EC) No 1005/2008 whose provisions have been infringed by the economic entity; a decision adopted in the case.
10. If the issue of imposition of sanctions for a serious infringement is considered along with compensation for damage caused by the serious infringement to fish stocks, a resolution shall indicate the amount of the damage to be recovered, the time limit and the procedure for effecting compensation for such damage.
11. If the economic entity whereto a licence of the fishing vessel of the Republic of Lithuania has been issued is assigned points for the commission of a serious infringement indicated in Annex XXX of Regulation (EU) No 404/2011, a resolution shall specify the number thereof.
12. A resolution must address the issue of seized tools or objects of commission of a serious infringement, also stipulate the procedure and the time limit for appealing against the resolution.
13. A resolution of the commission referred to in point 1 of paragraph 1 of this Article shall be adopted by simple majority vote of the members of the commission present at a meeting, provided that the meeting is attended by at least half of the members of the commission.
14. A resolution shall be signed by the chair and the secretary of a meeting of the commission referred to in point 1 of paragraph 1 of this Article or the officer referred to in point 2 of paragraph 1 of this Article.
15. A copy of a resolution shall, within three working days from the date of the adoption of the resolution, be sent by registered mail to or served on the economic entity in respect whereof it has been adopted.
Article 56. Rights of an economic entity in investigating and examining serious infringements
1. An economic entity held liable for a suspected serious infringement shall have the right to access the material of the case, provide clarifications regarding the serious infringement not less than 14 working days prior to examination of the case, to participate in the examination of the case, to present evidence, to submit requests, to avail of the legal assistance of a lawyer or another authorised representative in the course of the examination of the case, to express himself in his mother tongue or in the language which he understands, and to make use of the services of an interpreter, if he does not speak the Lithuanian language.
2. If witnesses are examined at a meeting of examination of a case, an economic entity shall have the right to pose questions to them, as well as to call own witnesses and to provide other evidence.
3. The economic entity in respect whereof a resolution has been adopted in a case of a serious infringement shall have the right, within 20 days from the service of a copy of the resolution, to appeal against the resolution to court in accordance with the procedure laid down by the Law on Administrative Proceedings.
Article 57. Sanctions for serious infringements
1. An economic entity that has committed a serious infringement shall be subject to the principal sanction – a fine.
2. A fine imposed for a serious infringement shall be not smaller than the value of the fishery products obtained by committing the serious infringement multiplied by two, but not larger than the value of the fishery products obtained by committing the serious infringement multiplied by five.
3. Where another serious infringement is committed within a period of five years from commission of a serious infringement, a fine imposed for it shall be not smaller than the value of the fishery products obtained by committing the serious infringement multiplied by five, but not larger than the value of the fishery products obtained by committing the serious infringement multiplied by eight.
4. The procedure for determining the value of fishery products caught by fishing vessels shall be established by an institution authorised by the Ministry of Agriculture. The value of imported fishery products shall be their customs value, which is determined in accordance with the European Union customs legislation.
5. Where no fishery products are obtained by committing a serious infringement, a fine shall be imposed ranging from 1 to 5 per cent of an economic entity’s annual gross income obtained from commercial fishing in the previous financial year preceding the infringement. Where the economic entity received no income during the previous financial year, the fine shall be calculated on the basis of the annual gross income from commercial fishing in the preceding financial year. Where the economic entity engaged in commercial fishing only in the year of committing the serious infringement, the fine shall be imposed ranging from 1 to 5 per cent of the economic entity’s potential annual gross income from commercial fishing in the year of committing the infringement, calculated upon the assessment of the average monthly income obtained in that year.
6. The amount of a fine to be imposed shall be determined according to the average of minimum and maximum amounts of the fine taking into account the mitigating or aggravating circumstances listed in paragraph 10 or 11 of this Article. In the presence of any mitigating circumstances, the amount of the fine shall be reduced from the average to the minimum, and in the presence of any aggravating circumstances the fine shall be increased from the average to the maximum amount. Substantiation of the reduction or increase of the amount of the fine shall be provided in a resolution in the case of the serious infringement.
7. The amount of a fine, calculated in accordance with the procedure laid down in paragraph 6 of this Article, shall be reduced taking into account the losses of an economic entity incurred due to the application of immediate enforcement measures.
8. The court investigating an appeal against a resolution adopted in a case of a serious infringement shall, taking into account the nature and extent of the committed infringement, mitigating and other relevant circumstances (due to which a respective fine imposed on an offender would be manifestly excessive and disproportionate/inadequate in respect of the committed infringement and therefore unfair) and acting in compliance with the principles of fairness and reasonableness, have the right to impose a fine in the amount smaller than the minimum amount stipulated in this Article.
9. An appeal to court against a resolution in a case of a serious infringement shall suspend enforcement of the resolution.
10. The circumstances mitigating liability for a serious infringement shall be as follows:
1) the economic entity that committed the serious infringement has assisted in detecting the infringement and cooperated with the institution or officer investigating the infringement in the course of investigation;
2) the economic entity that committed the serious infringement has taken action at his own initiative to prevent the harmful consequences of the infringement or eliminated the damage caused.
11. The circumstances aggravating liability for a serious infringement shall be as follows:
1) the economic entity that committed the serious infringement has concealed the committed infringement;
2) the economic entity that committed the serious infringement has interfered with investigation of the serious infringement;
3) the economic entity that committed the serious infringement continued the serious infringement disregarding the competent authority’s or officer’s instruction to terminate the unlawful actions;
4) the economic entity has been punished for commission of the same serious infringement within a period of five years before the commission of the serious infringement;
5) the economic entity has been punished twice or more times for commission of the serious infringement within a period of five years before the commission of the serious infringement;
6) the duration of a continuous serious infringement exceeds a period of 15 days;
7) the damage to respective fish stocks caused by the serious infringement exceeds the value of 1000 base penalties;
8) the economic entity has committed the serious infringement indicated in Annex XXX to Regulation (EU) No 404/2011 for which six or more points are assigned.
12. Application of the sanctions specified in this Law shall not relieve economic entities from the duty to compensate for damage to fish stocks caused by a serious infringement.
Article 58. Recovery of fines
1. Fines imposed in accordance with the procedure laid down in this Law must be paid to the state budget not later than within 40 days from the date of service of a resolution on the imposition of a fine on an economic entity and, where such a resolution is appealed against and the court does not uphold the appeal, not later than within 40 days from the date of service of a copy of the decision of the court on the economic entity.
2. Unpaid fines shall be recovered in accordance with the procedure laid down in the Code of Civil Procedure of the Republic of Lithuania.
Article 59. Assignation of points to economic entities
1. The appropriate number of points, as indicated in Annex XXX to Regulation (EU) No 404/2011, shall be assigned for commission of the serious infringement specified in Annex XXX to Regulation (EU) No 404/2011 to an economic entity which has been issued a licence of a fishing vessel of the Republic of Lithuania. The points shall be linked with the fishing vessel of the Republic of Lithuania managed by the economic entity, which served as a tool or means or direct object of commission of the serious infringement.
2. The procedure for assigning points to economic entities and their record keeping shall be established by the Ministry of Agriculture or an institution authorised by it.
3. Points shall be assigned to economic entities by the commission referred to in Article 55(1)(1) of this Law. The Fisheries Service shall keep the records of points assigned to the economic entities and ensure the transfer of the points to another economic entity in the case of sale or transfer of the fishing vessel of the Republic of Lithuania with which the points were linked, or in the case of any other change of the operator of the fishing vessel of the Republic of Lithuania.
4. Where a sanction for a serious infringement has been imposed by the competent authority of another EU Member State, points shall be assigned by the commission referred to in Article 55(1)(1) of this Law after receiving information on the imposition of the sanction from another EU Member State.
5. Where the commission referred to in Article 55(1)(1) of this Law has imposed a sanction for the serious infringement specified in Annex XXX to Regulation (EU) No 404/2011 to an economic entity of another EU Member State, it shall, within five working days, inform the competent authority of the respective Member State about the imposition of the sanction.
6. The assignation of points shall be documented in a resolution in a case of a serious infringement.
Article 60. Additional sanctions for serious infringements
1. Along with the principal sanction for a serious infringement, an economic entity may be imposed one or several of the following additional sanctions:
1) confiscation of the fishing gear which served as a tool or means of commission of the serious infringement, confiscation of the fishery products which are the direct object of commission of the serious infringement or confiscation of the income obtained by committing the serious infringement;
2) withdrawal of the right to engage in fishing activity with suspension or withdrawal of a licence of a fishing vessel of the Republic of Lithuania;
3) withdrawal of the status of approved economic operator.
2. An additional sanction may be imposed in the presence of two or more aggravating circumstances.
3. Each of the additional sanctions referred to in points 1 and 3 of paragraph 1 of this Article may be imposed in the following cases:
1) the fishing gear which served as a tool or means of commission of a serious infringement shall be confiscated if such fishing gear is prohibited by the European Union legislation or does not comply with the requirements thereof;
2) the fishery products which are the direct object of commission of the serious infringement or the income obtained from the disposal thereof shall be confiscated if such fishery products have not been declared in accordance with the procedure laid down in the European Union legislation;
3) the status of approved economic operator shall be withdrawn where the economic entity committed the serious infringement while importing the fishery products.
4. The additional sanction referred to in point 2 of paragraph 1 of this Article shall be imposed automatically as specified in Article 92(3) of Regulation (EC) No 1224/2009 where an economic entity accumulates the amount of points referred to in Article 129 of Regulation (EU) No 404/2011.
5. Each of the additional sanctions specified in paragraph 1 of this Article may be imposed along with the other additional sanctions.
Article 61. Assignation of points to masters of fishing vessels
1. The Fisheries Service shall, by a resolution in a case of an infringement, assign the appropriate number of points to the master of a fishing vessel, as indicated in Annex XXX to Regulation (EU) No 404/2011, for committing the infringements provided for in Article 301 of the Code of Administrative Offences.
2. The right to hold the post of master of a fishing vessel shall be withdrawn for commission of three or more serious infringements indicated in Annex XXX to Regulation (EU) No 404/2011 within a period of three years from the date of commission of the last serious infringement, the sum of points for which is as follows:
1) 18 to 35 points – the right shall be withdrawn for a period of two months;
2) 36 to 53 points – the right shall be withdrawn for a period of four months;
3) 54 to 71 points – the right shall be withdrawn for a period of eight months;
4) 72 and more points – the right shall be withdrawn for a period of one year.
3. Where the master of a fishing vessel commits no serious infringement within a period of three years from committing the last serious infringement, the Fisheries Service shall delete all of the points assigned to him.
4. The procedure for assigning points to masters of fishing vessels and their record keeping shall be established by the Minister of Agriculture or an institution authorised by him.
CHAPTER TWELVE
FINAL PROVISIONS
Article 62. Liability for infringements of this Law
The natural and legal persons that have infringed this Law shall be held liable under this Law and other laws of the Republic of Lithuania.
Article 63. Compensation for damage to fish stocks
1. The natural and legal persons that have caused damage to fish stocks must compensate for it in accordance with the procedure laid down by laws of the Republic of Lithuania and other legal acts.
2. The procedure for calculating the damage caused to fish stocks in marine waters shall be laid down by the Minister of Agriculture. The procedure for calculating the damage caused to fish stocks in inland waters shall be laid down by the Minister of Environment.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
Annex to
Republic of Lithuania
Law on Fisheries
LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW
1. Council Regulation (EC) No 2347/2002 of 16 December 2002 establishing specific access requirements and associated conditions applicable to fishing for deep-sea stocks (OJ 2004 special edition, Chapter 4, Volume 5, p. 391), as last amended by Council Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015 (OJ 2015 L 133, p. 1).
2. Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 779/97 (OJ 2007 L 248, p. 1), as last amended by Council Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015 (OJ 2015 L 133, p. 1).
3. Commission Regulation (EC) No 665/2008 of 14 July 2008 laying down detailed rules for the application of Council Regulation (EC) No 199/2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy (OJ 2008 L 186, p. 3).
4. Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ 2008 L 286, p. 1), as last amended by Commission Regulation (EU) No 202/2011 of 1 March 2011 (OJ 2011 L 57, p. 10).
5. Council Regulation (EC) No 1006/2008 of 29 September 2008 concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93 and (EC) No 1627/94 and repealing Regulation (EC) No 3317/94 (OJ 2008 L 286, p. 33).
6. Commission Regulation (EC) No 1010/2009 of 22 October 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (OJ 2009 L 280, p 5), as last amended by Commission Implementing Regulation (EU) No 865/2013 of 9 September 2013 (OJ 2013 L 241, p. 1).
7. Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ 2009 L 343, p. 1), as last amended by Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015 (OJ 2015 L 133, p. 1).
8. Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ 2011 L 112, p. 1).
9. Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ 2013 L 354, p. 1), as last amended by Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015 (OJ 2015 L 133, p. 1).
10. Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ 2013 L 354, p. 22), as last amended by Regulation (EU) 2015/812 of the European Parliament and of the Council of 20 May 2015 (OJ 2015 L 133, p. 1).