Consolidated version from 1 January 2016 until 31 July 2016
REPUBLIC OF LITHIUANIA
LAW ON
WASTE MANAGEMENT
16 June 1998 No VIII-787
(As last amended on 23 June 2015 – No XII-1841)
Vilnius
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. This Law shall establish basic requirements for the prevention and management of waste with a view to preventing its adverse impact on public health and the environment; the conditions under which a substance or item may be regarded as not being waste; the state regulation of waste management; the basic principles of the organisation and planning of waste management schemes; requirements for waste holders and waste managers; economic and financial instruments of waste management; rights and duties of producers, importers and distributors of oils, electrical and electronic equipment, vehicles, taxable goods and packaging.
2. This Law shall not apply to:
1) gaseous effluents emitted into the atmosphere and carbon dioxide which are captured and transported for the purposes of geological storage and geologically stored in accordance with the provisions of the legal acts regulating geological storage of carbon dioxide or less than 100 000 tonnes of which are stored for the purposes of research and development or testing of new products and processes;
2) land (in situ), including unexcavated contaminated soil and buildings permanently connected with this land;
3) unpolluted soil and other naturally occurring substances excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated;
6) faecal matter other than animal by-products referred to in point 2 of paragraph 3 of this Article, also straw and other natural non-hazardous substances from agricultural production or forestry that are used in farming or forestry activities or for the production of energy from biomass through using processes or methods which do not harm the environment or endanger human health.
3. This Law shall not apply to the following specific waste streams or categories in so far as they are governed by other legal acts implementing European Union legislation or directly applicable European Union legislation:
2) animal by-products and derived products subject to Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal By-product Regulation) (OJ 2009 L 300, p. 1), as last amended by Regulation (EU) 1385/2013 of 17 December 2013 (OJ 2013 L 354, p. 86) (hereinafter: ‘Regulation (EC) No 1069/2009’), except if animal products and derived products are intended for incineration, disposal on landfills or transformation into biogas or composting;
3) carcases of animals that die other than by being slaughtered (including animals killed to eradicate epizootic diseases) which are managed in compliance with the requirements set forth by Regulation (EC) No 1069/2009;
4. This Law shall not apply to sediments relocated inside surface waters for the purposes of control of waters and waterways or flood prevention or mitigation of effects of floods and droughts or land reclamation, where sediments do not feature hazardous properties.
5. Requirements for management of specific waste streams or special requirements for waste management may be set forth by other laws and other legal acts.
6. This Law shall aim at ensuring the application of the EU legal acts listed in Annex 5 to this Law.
Article 2. Definitions
1. Oils means mineral, semi-synthetic or synthetic lubrication or industrial oils, such as combustion engine oils and gearbox oils, lubricating oils, turbines and hydraulic oils.
2. Waste oils means any mineral, semi-synthetic or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbine and hydraulic oils.
3. Regeneration of waste oils means any recycling operation whereby base oils can be produced by refining waste oils, in particular by removing the contaminants, the oxidation products and other additives contained in such oils.
4. Secondary raw materials means waste fit for direct processing and materials resulting from waste which are fit for processing.
5. Taxable goods means the goods subject to taxation according to the Law of the Republic of Lithuania on Pollution Tax (hereinafter: the ‘Law on Pollution Tax’).
6. Waste means any substance or item which the holder discards or intends or is required to discard.
7. Treatment of waste means recovery or disposal operations, including preparation prior to recovery or disposal.
8. Waste producer means anyone whose activities produce waste (original waste producer) or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste.
9. Waste exporter means an undertaking which accepts waste from the waste holder, ships and transfers it to the person in charge of waste recovery in the European Union Member States or states of the European Economic Area.
10. Storage of waste means the storage, prior to treatment, of waste pending recovery for a period not exceeding three years and the storage, prior to treatment, of waste pending disposal for a period not exceeding one year, except for temporary storage of waste on the site where it is produced pending its collection.
11. Recovery of waste means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. The Ministry of Environment of the Republic of Lithuania (hereinafter: the ‘Ministry of Environment’) shall set out a non-exhaustive list of recovery operations.
12. Recycling of waste means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic materials but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations.
13. Sorting of waste on the site where the waste is produced means the separation of waste on the site where it is produced by type and nature so as to ensure its separate collection.
14. Collection of waste means the gathering of waste from waste holders, including the preliminary sorting and preliminary storage of waste pending its collection in facilities where waste is unloaded for the purpose of its preparation for further transport to recovery or disposal facilities.
15. Waste production site means a facility or a territory where waste is generated through economic or other type of activity.
16. Disposal of waste means any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy. The Ministry of Environment shall set out a non-exhaustive list of disposal operations.
18. Waste management means the collection, transport, recovery and disposal of waste, including the organisation and supervision of such operations and the after-care of disposal sites, and including actions taken as a waste dealer or broker.
19. Waste management objects of national importance means the waste management objects meeting the criteria specified by the Government which are in operation or are being constructed.
20. Waste manager means any undertaking which collects and/or transports and/or recovers and/or disposes of waste, organises and supervises such operations and the after-care of disposal sites. Waste dealers or brokers engaged in such operations shall be considered as waste managers.
21. Waste transporter means any undertaking which accepts waste from the waste holder, transports it and transfers it to the person in charge of waste recovery or the person in charge of its disposal.
22. Transport of waste means acceptance of waste from its holder, transport and transfer to the person in charge of waste recovery or the person in charge of its disposal.
23. Battery (primary cell) or accumulator (hereinafter: a ‘battery or accumulator’) means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable) or consisting of one or more secondary battery cells (rechargeable).
24. Waste battery or accumulator means any battery or accumulator which is waste within the meaning of paragraph 6 of this Article.
25. Biodegradable waste means any waste that is capable of undergoing, or may be subjected to, anaerobic or aerobic decomposition.
26. Waste electrical and electronic equipment from households means waste from electrical and electronic equipment which comes from households and waste from electrical and electronic equipment which comes from commercial, industrial, institutional and other sources which, because of its nature or composition and quantity, is similar to that from households. Waste from electrical and electronic equipment which may be used by both households and users other than households shall be considered as waste electrical and electronic equipment from households.
27. Electrical and electronic equipment means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents or fields, falling within the categories specified by the Ministry of Environment and designed for use with a voltage rating not exceeding 1 000 volts for alternating current and 1 500 volts for direct current.
Version of paragraph 27 as of 15 August 2018:
27. Electrical and electronic equipment means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents or fields and designed for use with a voltage rating not exceeding 1 000 volts for alternating current and 1 500 volts for direct current. The list of categories of electrical and electronic equipment shall be approved by the Ministry of Environment.
28. Waste electrical and electronic equipment means electrical or electronic equipment which is waste within the meaning of paragraph 6 of this Article, including all components and sub-assemblies which are part of the electrical and electronic equipment at the time of disassembling
29. Product waste means wastes generated at the end of life of oils, electrical and electronic equipment and the goods subject to taxation in accordance with the procedure laid down by the Law on Pollution Tax, as well as end-of life vehicles.
30. Documentary evidence of product and/or packaging waste management means the documents, as specified by the Government or an institution authorised by it, which provide evidence of product and/or packaging waste management.
31. Product and/or packaging waste management means the collection and recycling of product and/or packaging or the collection and recovery of product and/or packaging waste in accordance with a task specified by the Government (disposal of product and/or packaging waste shall not be considered as management). Requirements for product and/or packaging waste management shall be set forth by the Government or an institution authorised by it.
32. Organisation of product and/or packaging waste management means the planning, as based on written contracts, of product and/or packaging waste collection, transport, preparation for recovery and transfer to waste managers and coordination of the execution of these activities.
33. Contract for organisation of product and/or packaging waste management means a tripartite contract between a municipality (or between a legal person established by a municipality/municipalities and assigned to administer the municipal waste management scheme) and the producer and/or the importer, and/or an organisation of producers and importers and the waste manager for the separate collection, transport, preparation for recycling and recovery and recycling and recovery of product and/or packaging waste generated in the municipal waste stream. This contract must include: the procedure for concluding the contract, its entry into force and termination; terms and conditions of the infrastructure development and use of the system of collection of product and/or packaging waste generated in the municipal waste stream; the procedure for and conditions of the provision of services; pricing arrangements; payment arrangements; rights, duties of the parties and liability for default on obligations; the procedure for lodging claims, their examination and dispute resolution; the term of validity of the contract, conditions of and the procedure for its amendment or termination. The standard form of the contract shall be approved by the Government or an institution authorised by it.
34. Product distributor means a person who, for business purposes, makes available to consumers oils, vehicles, electrical and electronic equipment and/or taxable goods.
35. Product use for own needs means the use of products (electrical and electronic equipment, vehicles, oils, taxable goods) shipped into the territory of the Republic of Lithuania or manufactured on the territory of the Republic of Lithuania in the course of one’s own operation, without passing them on to a third party.
36. Producer means a person established in the Republic of Lithuania in accordance with the procedure laid down in legal acts, who:
1) produces on the territory of the Republic of Lithuania oils, taxable goods (excluding batteries and accumulators) and/or packs products, or
2) makes available on the market of the Republic of Lithuania for the first time for business purposes batteries or accumulators (including the batteries or accumulators incorporated into appliances or vehicles) using any means of communication, including a means of distance communication, or
3) produces electrical and electronic equipment or commissions such equipment to be designed or produced and, under his own name or trademark, makes it available for payment to a third party using any means of communication, including a means of distance communication; or, under his own name or trademark, makes the equipment received from other suppliers available for payment to a third party using any means of communication, including a means of distance communication (the reseller shall not be considered as the producer if he makes the equipment available for payment to a third party under another producer’s trademark), or
37. Undertaking shall, in this Law, be defined as a natural person engaged in individual activity, a legal person or another organisation or divisions thereof.
38. Importer means a person established in the Republic of Lithuania in accordance with the procedure laid down in legal acts, who:
1) imports and/or ships into the territory of Lithuania from other states oils, taxable goods (excluding batteries and accumulators) and product filled packaging, or
2) imports and/or ships from other states batteries or accumulators (including the batteries or accumulators incorporated into appliances or vehicles) and makes them available on the market of the Republic of Lithuania for the first time for business purposes using any means of communication, including a means of distance communication, or
3) ships electrical and electronic equipment from another Member State or from a third country and makes it available on the market of the Republic of Lithuania for the first time for business purposes using any means of communication, including a means of distance communication, or
4) is established in a Member State or in a third country and who, using a means of distance communication, directly sells electrical and electronic equipment to household or non-household electrical and electronic equipment consumers of the Republic of Lithuania, or
5) ships vehicles from another Member State and makes them available on the market of the Republic of Lithuania for business purposes, or
6) acquires by way of leasing (financial lease) from a financial institution providing leasing (financial lease) services the products imported and/or shipped into the territory of the Republic of Lithuania and listed in points 1 to 5 and/or product filled packaging. In this case, the financial institution providing leasing (financial lease) services shall not be considered as the importer. If the leasing (financial lease) contract is terminated, the duties stipulated under this Law for the importer and arising after the termination of the contract and the recovery of assets from the former lessee shall be taken over by the financial institution providing leasing (financial lease) services.
39. Municipal waste means waste from households, as well as other waste which, because of its nature or composition, is similar to waste from household.
40. Service of municipal waste management means a public service including collection, transport, recovery and disposal of municipal waste, organisation, monitoring of such operations, and the after-care of disposal sites.
41. Administration of the provision of the service of municipal waste management means the activity of a municipality in setting rules for providing the service of municipal waste management, adopting other legislation governing municipal waste management, as well as control of the implementation of requirements of waste management rules of municipalities and other legal acts.
42. Municipal waste management region means an area which includes the territory of more than one municipality and in which municipalities cooperate in order to ensure the efficient functioning of the waste management scheme, the provision of high quality and affordable municipal waste management services to all regional municipal waste holders.
43. Municipal waste management scheme means the totality of organisational, technical and legal measures related to the implementation of functions of municipalities in the area of waste management.
44. Administrator of the municipal waste management scheme means a legal person which has been established by one, several or all municipalities included in a municipal waste management region and which, as assigned by a municipality/municipalities, performs the functions of organisation of the municipal waste management scheme and/or provides waste management services.
45. Temporary storage of waste means the storage of hazardous waste for a period not exceeding six months or of non-hazardous waste – for a period not exceeding one year on the site where it is produced pending its collection, while preparing the waste for transport to a recovery or disposal facility.
46. Permit means an integrated pollution prevention and control permit or a permit, as drawn up and issued in accordance with the procedure laid down by legal acts.
Version of paragraphs 48-63 before 15 August 2018:
49. Re-use means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived.
50. Packaging waste means any packaging or packaging material covered by the definition of waste, excluding production residues.
51. Packaging means a product made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods to the consumer or the user.
52. Preparing for re-use means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing.
53. Hazardous waste means waste which displays one or more of the hazardous properties listed in the Annex to Commission Regulation (EU) No 1357/2014 of 18 December 2014 replacing Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ 2014 L 365, p. 89).
54. Pre-treatment means physical, thermal, chemical or biological processes, including sorting, which result in change of waste properties with a view to reducing its volume or harmfulness and simplifying and improving waste recovery.
55. Waste dealer means any undertaking which acts in the role of principal to purchase and sell waste, including such undertakings which do not take physical possession of the waste.
56. Prevention means measures taken before a product or material has become waste that reduce:
1) the quantity of waste, including through the re-use of products or the extension of the life span of products;
57. Adverse impact means a change envisaged to occur in the environment and public health to prevent, reduce, offset the effect whereof or to eliminate effects whereof requires taking of appropriate measures.
58. Separate waste collection means the collection of waste where a waste stream is kept separately by type and nature so as to facilitate a specific treatment of the waste of such type and nature.
59. Landfill means a waste disposal facility for the deposit of the waste onto or into land (i.e. underground). Landfill shall also include a landfill where a producer of waste is carrying out its own waste disposal on the site where the waste is produced and a permanent facility (i.e. more than one year) which is used for temporary storage of waste, excluding facilities where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere, facilities for the storage of waste prior to recovery or treatment for a period less than three years, and facilities for the storage of waste prior to disposal for a period less than one year.
60. Broker means any undertaking arranging the recovery or disposal of waste on behalf of others, including such undertakings which do not take physical possession of the waste.
61. Making available on the internal market of the Republic of Lithuania for business purposes means the transfer, whether in return for payment or free of charge, to a third party within the territory of the Republic of Lithuania of batteries and accumulators, electrical and electronic equipment or vehicles shipped into the territory of the Republic of Lithuania or produced on the territory of the Republic of Lithuania or shipment into the territory of the Republic of Lithuania for own use of more than five batteries and accumulators, units of electrical and electronic equipment or vehicles, their production on the territory of the Republic of Lithuania in a calendar year.
62. Vehicle means any vehicle designated as category M1 (motor vehicles having at least four wheels used for the carriage of passengers and comprising no more than eight seats in addition to the driver’s seat) or N1 (motor vehicles having at least four wheels used for the carriage of goods and having a maximum weight not exceeding 3.5 metric tons) and three wheel motor vehicles, but excluding motor tricycles.
Version of paragraphs 48-67 as of 15 August 2018:
48. Non-road mobile machinery means machinery, with onboard power source, the operation of which requires either mobility or continuous or semi-continuous movement between a succession of fixed working locations while working.
50. Re-use means any operation by which products or components that are not waste are used again for the same purpose for which they were conceived.
51. Packaging waste means any packaging or packaging material covered by the definition of waste, excluding production residues.
52. Packaging means a product made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods to the consumer or the user.
53. Preparing for re-use means checking, cleaning or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing.
54. Hazardous waste means waste which displays one or more of the hazardous properties listed in the Annex to Commission Regulation (EU) No 1357/2014 of 18 December 2014 replacing Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ 2014 L 365, p. 89).
55. Pre-treatment means physical, thermal, chemical or biological processes, including sorting, which result in change of waste properties with a view to reducing its volume or harmfulness, simplifying and improving waste recovery.
56. Waste dealer means any undertaking which acts in the role of principal to purchase and sell waste, including such undertakings which do not take physical possession of the waste.
57. Prevention means measures taken before a product or material has become waste that reduce:
1) the quantity of waste, including through the re-use of products or the extension of the life span of products;
58. Adverse impact means a change envisaged to occur in the environment and public health to prevent, reduce, offset the effect whereof or to eliminate effects whereof requires taking of appropriate measures.
59. Separate waste collection means the collection of waste where a waste stream is kept separately by type and nature so as to facilitate a specific treatment of the waste of such type and nature.
60. Landfill means a waste disposal facility for the deposit of the waste onto or into land (i.e. underground). Landfill shall also include a landfill where a producer of waste is carrying out its own waste disposal on the site where the waste is produced and a permanent facility (i.e. more than one year) which is used for temporary storage of waste, excluding facilities where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere, facilities for the storage of waste prior to recovery or treatment for a period less than three years, and facilities for the storage of waste prior to disposal for a period less than one year.
61. Large-scale stationary industrial tools means a large size assembly of machines, equipment, and/or components, functioning together for a specific application, permanently installed and de-installed by professionals at a given place, and used and maintained by professionals in an industrial manufacturing facility or research and development facility.
62. Large-scale fixed installation means a large-size combination of several types of apparatus and, where applicable, other devices, which:
2) are intended to be used permanently as part of a building or a structure at a pre-defined and dedicated location;
63. Broker means any undertaking arranging the recovery or disposal of waste on behalf of others, including such undertakings which do not take physical possession of the waste.
64. Making available on the internal market of the Republic of Lithuania for business purposes means the transfer, whether in return for payment or free of charge, to a third party within the territory of the Republic of Lithuania of batteries and accumulators, electrical and electronic equipment or vehicles shipped into the territory of the Republic of Lithuania or produced on the territory of the Republic of Lithuania or shipment into the territory of the Republic of Lithuania for own use of more than five batteries and accumulators, electrical and electronic equipment or units of vehicles, their production on the territory of the Republic of Lithuania in a calendar year.
65. Vehicle means any vehicle designated as category M1 (motor vehicles having at least four wheels used for the carriage of passengers and comprising no more than eight seats in addition to the driver's seat) or N1 (motor vehicles having at least four wheels used for the carriage of goods and having a maximum weight not exceeding 3.5 metric tons) and three wheel motor vehicles, but excluding motor tricycles.
67. The concept ‘medical device’ shall be understood as a ‘medical device’ or an ‘accessory’ which is defined respectively in subparagraph (a) or subparagraph (b) of paragraph 2 of Article 1 of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices and which comprises electrical and electronic equipment. The concept ‘device used for in vitro diagnosis’ shall be understood as a ‘device used for in vitro diagnosis’ or an ‘accessory’ which is defined respectively in subparagraph (b) or subparagraph (c) of paragraph 2 of Article 1 of Council Directive 98/79/EEC of 27 October 1998 concerning medical devices and which comprises electrical and electronic equipment. The concept ‘active implantable medical device’ shall be understood as ‘active implantable medical device’ which is defined in subparagraph (c) of paragraph 2 of Article 1 of Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices and which comprises electrical and electronic equipment.
Article 3. Priority order in waste prevention and management
1. In the area of waste prevention and management, the following priority order shall apply:
2) preparing for re-use upon prior separation of products or their components which are unsuitable for re-use;
4) other recovery, e.g. energy recover, upon prior separation of wastes which are unsuitable for recycling or other recovery;
2. The priority order in waste prevention and management shall take into account the general environmental protection principles of precaution and sustainability, technical feasibility and economic viability, protection of resources as well as the overall environmental, public health, economic and social impacts.
3. Waste managers and waste producers must take all possible and economically justifiable measures to reduce the quantity of waste and its adverse impact on public health and environment, to develop and to implement low-waste technologies, and to sparingly use natural resources. Such undertakings must comply with the priority order in prevention and management referred to in paragraph 1 of this Article. Producers of products must manufacture and make available on the market the products that could be long-lasting or re-usable and, having reached the end of their useful life and having become waste, could be available for recycling or other recovery, thus reducing the quantity of waste and the risk to public health and the environment.
Article 31. By-products
1. A substance or item, resulting from a production process, the primary aim of which is not the production of that item, may be regarded as not being waste but as being a by-product only if the following conditions are met:
2) the substance or item can be used directly without any further processing other than normal industrial practice;
2. The Ministry of Economy of the Republic of Lithuania (hereinafter: the ‘Ministry of Economy’) and the Ministry of Environment shall, on the basis of the conditions laid down in paragraph 1 of this Article, determine the criteria to be met for specific substances or items to be regarded as a by-product and the procedure for regarding substances or items as such.
Article 32. End-of-waste status
Certain specified waste shall cease to be waste when it has undergone a recovery, including recycling, in accordance with the procedure laid down by EU legislation.
Article 4. Organisation of waste management
1. A waste holder must, in accordance with the procedure laid down by this Law and other legal acts, transfer waste to waste managers or may manage waste on its own. Municipal waste shall be managed in accordance with the procedure laid down by waste management rules of municipalities.
2. Waste holders must carry out sorting of waste on the site where the waste is produced. Having sorted waste on the site where the waste is produced, undertakings which collect waste must carry out separate collection of waste.
4. Undertakings which manage waste shall be guided by legislation in the area of safety and health of personnel.
5. Transit of waste, shipment of waste out of the Republic of Lithuania and shipment of waste into the Republic of Lithuania shall be governed by legal acts of the Republic of Lithuania and the European Union and international treaties. An institution authorised by the Ministry of Environment shall, within its remit, control compliance with the requirements for transit of waste, shipment of waste out of the Republic of Lithuania and shipment of waste into the Republic of Lithuania based on Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ 2006 L 190, p. 1), as last amended by Commission Regulation (EU) No 413/2010 of 12 May 2010 (OJ 2010 L 119, p. 1), and provisions of other legal acts of the Republic of Lithuania and the European Union and international treaties.
6. Objects of waste management conforming to the criteria specified by the Government shall be established and recognised as waste management objects of national importance in accordance with the procedure laid down by the Government. Municipal waste remaining after sorting and being unsuitable for recycling but having energy value may be used or planned to be used as fuel to generate energy solely at the waste management objects of national importance recognised by the Government.
7. The activities of waste treatment shall be subject to the requirements set forth for the activities of waste recovery and disposal.
8. Undertakings which collect and/or transport waste must deliver the waste collected and transported to appropriate waste treatment installations respecting the provisions of Article 41 of this Law.
9. Upon the transfer of waste to the waste dealer, the broker, the person in charge of waste recovery or the person in charge of its disposal, the waste holder must possess documentary evidence of the transfer of waste.
10. Undertakings which collect, transport and treat waste, waste dealers and brokers and undertakings which store hazardous waste for a period exceeding six months or non-hazardous waste – for a period exceeding one year on the site where the waste is produced may carry out these operations only if they are registered in the State Register of Waste Managers.
11. Undertakings which collect, transport, recover and dispose of hazardous waste shall insure their civil liability for damage which may be incurred through such operations to third parties and/or their property and the environment.
Article 41. Protection of public health and the environment
Waste management must be carried out:
1) without exceeding the normative standards of environmental protection specified by legal acts for water, air or soil pollution and without adversely affecting public health, plants or animals;
Article 6. Permits
1. Undertakings which intend to carry out waste treatment or recycling ships and undertakings which store hazardous waste for a period exceeding six months or non-hazardous waste – for a period exceeding one year on the site where the waste is produced must obtain a permit.
2. Permits shall be issued only to the undertakings recovering or disposing of waste that have in place plans for cessation of waste recovery or disposal activities drawn up in compliance with the requirements set forth in Article 11 of this Law.
3. The Ministry of Environment shall, having regard to the economic activity pursued by an undertaking, specify the type of waste treatment activities and the types and quantities of non-hazardous waste produced in the course of the economic activity of such undertaking which may be treated without a permit.
Article 61. State Register of Waste Managers
1. Objects of the State Register of Waste Managers shall be as follows:
2. The State Register of Waste Managers shall be set up and its regulations shall be approved by the Government.
Article 7. Waste record keeping and reporting
1. Records of waste shall be kept and reports on waste production and management shall be submitted to an institution authorised by the Ministry of Environment in accordance with the procedure laid down by the Ministry of Environment by:
1) undertakings which collect, transport or treat waste, waste dealers and brokers of hazardous waste;
2) undertakings which store hazardous waste for a period exceeding six months or non-hazardous waste – for a period exceeding one year on the site where the waste is produced;
Article 71. List of waste
Article 8. Storage of waste
1. Waste must be stored in a manner so as to prevent adverse human health and environmental impacts.
Article 9. Keeping of documentation on waste management
Documentation on hazardous waste management must be kept for a period not shorter than five years and documentation on non-hazardous waste management – for a period not shorter than three years in accordance with the procedure laid down by the Ministry of Environment.
Article 10. Technical regulation of waste recovery or disposal
1. An undertaking which recovers or disposes of waste must have in place a technical regulation of waste recovery or disposal providing a detailed description of all the operations of waste acceptance, storage, recovery and disposal, environmental monitoring and control ensuring protection of the environment and public health.
Article 11. Conditions of cessation of waste recovery or disposal activities
1. An undertaking which recovers or disposes of waste must cease waste recovery or disposal activities in such a way so as to prevent adverse human health and environmental impacts in the course of and following such cessation.
2. An undertaking which recovers or disposes of waste must have in place a plan for cessation of waste recovery or disposal activities drawn up in accordance with the procedure laid down by the Ministry of Environment. The plan must provide for:
1) the maximum quantity of waste permitted to be stored by the undertaking, the measures for and costs of its management;
3. An undertaking which recovers or disposes of hazardous waste and an undertaking which recovers or disposes of non-hazardous waste the list of which shall be determined by the Government or an institution authorised by it, must conclude a suretyship insurance contract or obtain a bank guarantee securing the funding of the measures provided for in a plan for cessation of waste recovery or disposal activities in the event of the undertaking’s bankruptcy or in other cases when the undertaking is required to cease waste recovery or disposal activities and does not possess the necessary funds. Documentary evidence of the conclusion of the suretyship insurance contract or granting of the bank guarantee shall be submitted together with the plan for cessation of waste recovery or disposal activities in accordance with the procedure laid down by the Ministry of Environment.
Article 111. Supervision
1. Officers of state control of environmental protection and of other authorised institutions shall, in accordance with the procedure laid down by legal acts, exercise supervision of undertakings which treat, collect or transport waste, brokers, waste dealers and waste producers, including their inspections.
2. In determining the frequency of inspections of the undertakings referred to in paragraph 1 of this Article, account shall be taken of the introduction, in the area of production, of the environmental management system (the ISO 14001 standard) and the Community eco-management and audit scheme (EMAS) in compliance with Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC(OJ 2009 L 342, p. 1).
3. Inspections of waste collection and transport shall cover verification of the origin, nature, quantity and destination of the waste collected and transported. Officers of state control of environmental protection and of other authorised institutions may, in accordance with the procedure laid down by legal acts, verify compliance with requirements of other legal acts.
Article 112. Competence of waste management professionals
1. Operation of landfill, collection, transport and treatment of hazardous waste and incineration of waste may be carried out exclusively by the waste management undertakings employing the persons, as referred to in paragraph 2 of this Article, who have completed training courses for waste management professionals under the Training Programmes for Waste Management Professionals approved by the Minister of Environment (hereinafter in this Article: ‘professionals’) and hold a certificate confirming their knowledge in the appropriate area of waste management (hereinafter: a ‘certificate’) or nationals of a Member State, other natural persons benefiting from the rights of movement in the Member States as granted to them by the European Union legislation under a document issued by a Member State and entitling them to engage in the waste management operations referred to in this paragraph.
2. The following persons must hold a permit:
1) heads of operators of landfills and other personnel appointed by them and responsible for the operation of landfills;
2) personnel of undertakings who are responsible for the collection, transport, storage and treatment of hazardous waste;
3. The Minister of Environment shall approve the Training Programmes for Waste Management Professionals and stipulate a procedure for training and developing the competence of professionals.
Article 12. Licensing of the management of hazardous waste
1. Undertakings which collect, store, dispose of or recover hazardous waste must obtain a licence for the management of hazardous waste.
2. A licence for the management of hazardous waste must indicate the types of hazardous waste which the licence holder is permitted to manage and methods of management of such waste.
3. Rules for licensing the management of hazardous waste shall be approved by the Minister of Environment. Licences for the management of hazardous waste shall be issued, refused, data of the licences shall be adjusted, their validity shall be suspended, the suspension of validity shall be lifted, the licences shall be revoked and a duplicate licence shall be issued by an institution authorised by the Minister of Environment.
4. State fees in the specified amount shall be levied for the issuance of a licence for the management of hazardous waste, adjustment of data of the licence or issuance of a duplicate licence.
5. A licence for the management of hazardous waste shall be issued to an undertaking which manages it where:
1) the undertaking which manages hazardous waste holds a permit referred to in Article 6 of this Law;
2) the competence of the responsible personnel of the undertaking which manages hazardous waste meets the requirements stipulated in Article 112 of this Law;
6. A licence for the management of hazardous waste shall be refused or shall not be adjusted where:
1) the competence of the responsible personnel of an undertaking which manages hazardous waste does not meet the requirements stipulated in Article 112 of this Law;
2) the undertaking which manages hazardous waste has submitted false data for the issuance or adjustment of the licence for the management of hazardous waste;
7. The validity of a licence for the management of hazardous waste shall be suspended where it transpires that:
2) the licence holder does not have the personnel whose competence meets the requirements stipulated in Article 112 of this Law;
8. A decision on suspension of the validity of a licence for the management of hazardous waste shall be withdrawn where the licence holder eliminates the violations referred to in paragraph 7 of this Article within the time limit laid down in a mandatory instruction issued by officers of state control of environmental protection.
9. A licence for the management of hazardous waste shall be revoked:
4) where, upon suspension of the validity of the licence, the violations referred to in paragraph 7 of this Article are not eliminated within a time limit specified in a mandatory instruction issued by officers of state control of environmental protection;
Article 121. Waste oils
1. In compliance with Articles 14, 15 and 17 of this Law, measures must be taken to ensure that:
1) waste oils are sorted on the site where such waste is produced and collected separately, where this is technically feasible;
Article 13. Identification and declaration of hazardous waste
The holder of hazardous waste must identify and declare the hazardous waste held in accordance with the procedure laid down by the Ministry of Environment.
Article 14. Mixing of hazardous waste
1. Hazardous waste may not be mixed, either with other categories of hazardous waste or with other waste, substances or materials, except for the cases specified in paragraph 2 of this Article. Mixing shall include the dilution of hazardous waste.
2. Mixing of hazardous waste with other waste, substances or materials may be allowed provided that all of the following conditions are met:
1) the mixing operation is carried out by an undertaking which has obtained a permit in accordance with Article 6(1) of this Law;
2) the provisions of Article 41 of this Law are complied with and the hazard posed by waste management on human health and the environment is not increased;
Article 15. Packaging and labelling of hazardous waste
In the course of temporary storage, storage, collection and transport, hazardous waste must be packaged and labelled. A procedure for packaging and labelling hazardous waste shall be established by the Ministry of Environment.
Article 16. Repealed as of 10 January 2012.
Article 17. Arrangements for shipment of hazardous waste
1. Hazardous waste shall be shipped in compliance with the requirements for the shipment of dangerous goods specified in legal acts of the Republic of Lithuania and the European Union and international treaties.
Article 18. Record keeping of transit, outgoing and incoming shipments of hazardous waste
Records of transit of of hazardous waste, its shipments into the Republic of Lithuania and shipments out of the Republic of Lithuania shall be kept by the Ministry of Environment.
Article 181. Hazardous waste produced by households
1. Requirements of Articles 7, 9, 13, 14, 15 and 17 of this Law shall not apply to mixed waste produced by households.
2. Requirements of Articles 7, 9, 15 and 17 of this Law shall not apply to hazardous waste produced by households until it is accepted by an undertaking engaged in the collection, disposal or recovery of waste which has obtained a permit and/or has been registered in the State Register of Waste Managers.
Article 182. Ship recycling and control of hazardous materials on board ships
1. Ship recycling shall be carried out in compliance with the requirements set forth in legal acts of the Republic of Lithuania, Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ 2013 L 330, p. 1) and international treaties.
Article 20. Functions of the Ministry of Environment
1. The Ministry of Environment shall regulate and administer the management of all waste and control the implementation of specified requirements and tasks.
Article 21. Functions of the Ministry of Health
1. The Ministry of Health shall perform expert examination of the impact of hazardous waste and its management operations on human and public health and set forth requirements, as applicable to health care institutions, for sorting on the site where the waste is produced, collection, packaging, labelling, pre-treatment and temporary storage of wastes from human health care and related research.
Article 22. Functions of the Ministry of Economy
1. The Ministry of Economy shall draft and approve programmes promoting waste prevention, also promoting the reduction of the volume of waste generated in the course of production, the introduction of low-waste technologies, and the creation of markets for products from secondary raw materials and shall coordinate the implementation of these programmes.
Article 23. Functions of the Ministry of Agriculture
The Ministry of Agriculture shall coordinate the activities of undertakings in the agriculture and food industry sector in setting up capacities of the management of waste generated during production and initiate the drawing up of projects of the development of such waste management capacities.
Article 24. Functions of the State Food and Veterinary Service
The State Food and Veterinary Service shall set forth requirements, as applicable to producers of wastes from animal health care and related research, for sorting on the site where the waste is produced, collection, packaging, labelling, pre-treatment, temporary storage and record keeping of such waste.
Article 25. Functions of municipalities
Municipalities shall organise municipal waste management schemes necessary for the management of municipal waste generated in their territories, ensure the functioning of these schemes, organise the management of wastes whose holders cannot be identified or do not exist and administer the provision of the service of municipal waste management.
Article 26. National Plan for Waste Management
1. The National Plan for Waste Management shall be drawn up for the implementation of the requirements stipulated in this Law. This Plan must be coordinated with the institutions concerned and the public in accordance with the procedure laid down by the Government or an institution authorised by it.
2. The National Plan for Waste Management shall specify tasks of waste management, strategic goals of waste managements and targets to implement them.
3. The National Plan for Waste Management and its implementing measures shall be drawn up by the Ministry of Environment and approved by the Government.
4. The National Plan for Waste Management must provide for goals and targets in respect of the reduction of the volume of biodegradable waste sent to landfill.
5. The Ministry of Environment shall assess the National Plan for Waste Management at least every six years and, if necessary, submit the adjusted National Plan for Waste Management to the Government for approval.
Article 27. Regional waste management plans
1. Regional waste management plans must stipulate measures for ensuring the implementation of the tasks specified in the National Strategic Plan for Waste Management.
2. The principal goal of regional waste management plans shall be to coordinate the activities of municipalities in organising municipal waste management schemes and setting up waste recovery or disposal facilities shared by several municipalities.
5. The drawing up of a regional waste management plan for a municipal waste management region shall be coordinated and the plan shall be approved by the regional development council of a higher level territorial administrative unit overlapping with the territory of the municipal waste management region. In the event that the municipal waste management region does not overlap with the boundaries of the higher level territorial administrative unit, the regional waste management plan shall be approved by the regional development council of the higher level territorial administrative unit wherein the majority of the population of the municipal waste management region, subject to approval by the municipalities located within the municipal waste management region.
6. Regional waste management plans must provide for measures reducing the volume of biodegradable waste sent to landfill.
7. Detailed requirements for regional waste management plans shall be specified by the Ministry of Environment.
8. The period of implementation of regional waste management plans must be synchronised with the period of implementation of the National Plan for Waste Management.
9. A regional development council shall, in accordance with the procedure established by the Government or an institution authorised by it, supply to the Ministry of Environment information on compliance with measures, as provided for in a regional waste management plan approved by it, for ensuring the implementation of the tasks set in the National Strategic Plan for Waste Management.
Article 28. Waste management plans of municipalities
1. Waste management plans of municipalities must stipulate measures ensuring the implementation of the tasks specified in the National Strategic Plan for Waste Management and in regional waste management plans.
2. The principal goal of waste management plans of municipalities shall be to identify the measures for organising municipal waste management schemes which would ensure the supply of the service of municipal waste management conforming to environmental, technical and economic and hygiene requirements for all persons within the territory of a municipality.
3. Waste management plans of municipalities shall be drawn up by municipalities and approved by municipal councils.
4. Waste management plans of municipalities must provide for measures reducing the volume of biodegradable waste sent to landfill.
5. Detailed requirements for waste management plans of municipalities shall be specified by the Ministry of Environment.
6. The period of implementation of waste management plans of municipalities must be synchronised with the period of implementation of the National Plan for Waste Management.
7. The executive body of a municipality shall be responsible for the implementation of measures of approved waste management plans of municipalities and for the organisation of the management of municipal waste and wastes whose holder cannot be identified or does not exist, where such wastes are within the territory of the municipality.
8. A municipality shall, in accordance with the procedure laid down by the Government or an institution authorised by it, provide the relevant regional environmental protection department under the Ministry of Environment information on the implementation of the requirements set forth for municipalities in laws and other legal acts and of the tasks specified in the National Strategic Plan for Waste Management in the field of waste management.
Article 29. Repealed as of 3 May 2011.
Article 291. National Waste Prevention Programme
1. In order to ensure the practical implementation of waste prevention, the National Waste Prevention Programme must be drawn up, coordinated with the authorities concerned and the public in accordance with the procedure laid down by the Government or an institution authorised by it, and approved.
2. The National Waste Prevention Programme must:
3. The National Waste Prevention Programme must be assessed every six years and, where necessary, adjusted.
Article 30. Organisation of municipal waste management schemes and ensuring of functioning thereof
1. Several or all municipalities within a municipal waste management region may, in order to increase the efficiency of a waste management scheme, cooperate and jointly set up a legal person, namely, the municipal waste management scheme administrator.
2. The duty of the municipal waste management scheme administrator to perform the functions assigned thereto shall be established in founding documents, a contract concluded between a municipality and the municipal waste management scheme administrator or another relevant administrative act.
3. The municipal waste management scheme administrator may perform the following functions of the organisation of a municipal waste management scheme:
1) organise a tender to select the waste manager for the provision of the service of municipal waste management;
2) carry out the supervision and control of the discharge of contractual obligations between the municipal waste management scheme administrator and the waste manager referred to in paragraph 12 of this Article;
3) present to a body of a municipality estimations of the amount of payment for municipal waste collection from waste holders and municipal waste management and, where the amount of the payment is approved by a municipal council, collect it;
5) collect and analyse information on municipal waste management in the territory of a municipality and/or a waste management region, the implementation of measures under a regional waste management plan approved by a regional development council and under a waste management plan of the municipality approved by a municipal council that ensure the implementation of the tasks specified in the National Strategic Plan for Waste Management;
6) submit proposals to a regional development council and to a municipal council regarding the improvement and development of the municipal waste management scheme;
7) implement public information, education and training measures in the area of municipal waste management;
4. A municipality shall perform the functions of the organisation of a municipal waste management scheme not assigned to the municipal waste management scheme administrator in accordance with the procedure laid down by law.
5. The municipal waste which is produced in the territory of municipalities within a municipal waste management region and which is disposed of in a landfill for non-hazardous waste shall be disposed of only in a landfill for non-hazardous waste set up in that municipal waste management region. Other non-hazardous waste generated in the course of economic activities and destined for disposal in a landfill for non-hazardous waste shall also be disposed of in the regional landfill for non-hazardous waste.
6. A municipality must ensure that all waste holders located in its territory would be provided access to the service of municipal waste management.
7. The quality of the service of municipal waste management shall, in compliance with the requirements set forth by legal acts and contracts for municipal waste management services, be ensured by the waste manager providing this service. The executive body of a relevant municipality shall be responsible for the supervision and control of the quality of the service provided by the waste manager and for the uninterrupted provision of this service.
8. Minimum quality requirements for the service of municipal waste management shall be specified by the Ministry of Environment.
9. Municipal waste management schemes of municipalities may manage all wastes, except for wastes of the undertakings whose permits stipulate such waste management requirements that cannot be met by these schemes.
10. Municipal waste management must be organised so as to promote the recovery and recycling of waste. For all holders of municipal waste, the following must be ensured at no additional cost, except for set local fees and charges for the collection of municipal waste from the waste holders and waste management (hereinafter: ‘fees and charges’) or another payment for the collection of municipal waste from the holders and municipal waste management:
3) the provision of measures for the sorting of secondary raw materials (paper and cardboard, glass, plastic, metal, including packaging waste) on the site where they are produced;
4) the possibility to hand over construction and demolition waste produced by households, waste furniture, electrical and electronic equipment, used tyres and other municipal waste;
11. A municipality or the municipal waste management scheme administrator on the assignment of the municipality shall select the waste managers providing the service of municipal waste management in accordance with the procedure laid down by laws and other legal acts.
12. The waste manager which provides the services of municipal waste management may engage in this activity in the territory of a municipality only if it is selected by the municipality or by the municipal waste management scheme administrator. Having selected the waste managers providing the service of municipal waste management in accordance with the procedure laid down in paragraph 11 of this Article, the municipality or, on the assignment of the municipality, the municipal waste management scheme administrator must, within five working days, inform the holders of municipal waste by announcing the names and contact details of these waste managers in accordance with the procedure laid down by the municipality.
13. A person (a natural person or a legal person registered in the Republic of Lithuania, a branch or representative office of the legal person or a branch or representative office, established in the Republic of Lithuania, of the legal person registered in the Member States) shall be considered a municipal waste holder, irrespective of its legal form or the nature of its activities, and must sort the municipal waste which is subject to sorting according to laws and other legal acts.
14. A municipality or, on the assignment of the municipality, the municipal waste management scheme administrator shall register holders of municipal waste in accordance with the procedure laid down by the Government or an institution authorised by it.
15. With a view to implementing the duty, as stipulated in this Law for producers and importers, to organise the management of waste produced in the course of using the products made available by producers and importers on the internal market of the Republic of Lithuania for business purposes (electrical and electronic equipment, packaged products) and fulfilling the tasks of the management of waste electrical and electronic equipment and/or packaging waste specified by the Government, the producers and importers or licensed organisations may set up waste collection schemes complementing a municipal waste management scheme organised by a municipality. In this case, the terms and conditions of setting up a waste collection scheme must be coordinated with the municipality in accordance with the procedure laid down by the Government or an institution authorised by it.
16. With a view to ensuring the provision of high-quality and accessible services of municipal waste management for all residents of the territory of a municipality and in organising the management of waste electrical and electronic equipment and packaging waste generated in the municipal waste stream, municipalities (or the legal persons established by the municipalities which are assigned the administration of a municipal waste management scheme) must conclude with producers and importers and the organisations established by them contracts for organisation of product and packaging waste management referred to in Articles 342 and 343 of this Law and Article 10 of the Law on the Management of Packaging and Packaging Waste. The municipalities must select the collectors of waste electrical and electronic equipment generated in the municipal waste stream in accordance with the procedure laid down by laws and other legal acts of the Republic of Lithuania.
17. Municipalities must implement the tasks set for them in the National Strategic Plan for Waste Management within the time limits laid down in the Plan and ensure compliance with the minimum requirements provided for in the Plan:
1) ensure that the service of municipal waste management is universal, of high quality, accessible/affordable and consistent with environmental, technical and economic and public health safety requirements;
2) ensure the access to and measures for the sorting of secondary raw materials for all municipal waste holders;
3) separately collect secondary raw materials (as a part of municipal waste) from undertakings, establishments and organisations in special containers and/or through the use of other measures for collection;
4) set up sites for the collection of bulky waste (furniture, construction and demolition waste, waste electrical and electronic equipment, used tyres, hazardous waste from households, etc.) and organise bulky waste collection by other means;
5) ensure the separate collection of hazardous waste produced by households (excluding waste batteries and accumulators) and acceptance of waste batteries and accumulators from residents in the municipal waste management schemes organised by the municipalities;
6) reduce the volume of municipal waste to be disposed which has been produced in the territory of a municipality;
Article 301. Contract for the provision of the service of municipal waste management and local fees and charges for the collection of municipal waste from waste holders and waste management
1. In organising municipal waste management, concluding a contract for the provision of the service of municipal waste management or paying the fees and charges specified by a municipality, waste holders shall be represented by the owner of an object of immovable property used by them or the legal representative of the owner of the object of immovable property or a person authorised by the owner of the object of immovable property or an association of owners of multi-apartment residential buildings, an association of owners of individual residential buildings, an association of garage owners, a gardeners' society or another association or the administrator of common use objects or the persons who have entered into a joint venture contract for the exercise of the right of several ownership (hereinafter: ‘authorised persons’).
2. The owner of objects of immovable property a list of types whereof is determined by the Ministry of Environment or authorised persons must pay specified fees and charges or, where fees and charges have not been specified in the territory of a municipality, enter into a contract for the provision of the service of municipal waste management with the municipal waste management scheme administrator of a municipality in the territory whereof an object of immovable property is located or with the municipality. Where fees and charges have not been specified in the territory of a municipality, the municipal waste management scheme administrator or the director of the municipal administration must submit a written offer to conclude a contract for the provision of the service of municipal waste management under individually discussed terms and conditions to the owner of the object of immovable property or to authorised persons. Where the owner of the object of immovable property or the authorised persons do not enter into the contract for the provision of the service of municipal waste management within a time limit not shorter than 45 days from the dispatch of the offer, it shall be considered that they have entered into the contract under the standard terms and conditions of a contract for the provision of the service of municipal waste management approved by the Government or an institution authorised by it. This provision must be indicated in the offer to conclude a contract for the provision of the service of municipal waste management under the individually discussed terms and conditions.
3. A contract for the provision of the service of municipal waste management shall be concluded, amended and terminated in accordance with this Law, the Civil Code and the standard terms and conditions of a contract for the provision of the service of municipal waste management approved by the Government.
4. Standard terms and conditions of contracts for the provision of the service of municipal waste management must indicate:
5. The owner of an item of immovable property or the authorised persons who have entered into contracts for the provision of the service of municipal waste management under standard terms and conditions of a contract for the provision of the service of municipal waste management or the persons to whom the offer referred to in paragraph 2 of this Article has not been submitted shall have the right to refer to a municipality requesting the conclusion of a contract for the provision of the service of municipal waste management under individually discussed terms and conditions. The municipality must consider such a request and conclude the contract for the provision of the service of municipal waste management not later than within 14 days from the receipt of the request.
Article 302. Pricing of services of municipal waste management
1. The pricing of services of municipal waste management shall be determined in compliance with the principles of solidarity, proportionality, non-discrimination and cost recovery and the polluter-pays principle.
2. The price of services of municipal waste management must be based on the necessary costs related to the management of municipal waste management. The price of services of municipal waste management must ensure the long-term operation of the infrastructure of municipal waste management and its renewal and provide to municipal waste holders appropriate conditions to participate in the management of municipal waste, as well as reduce environmental pollution.
3. Determination of the amount of fees and charges or other payment for the collection of municipal waste from waste holders and waste management shall be governed by the rules approved by the Government.
Article 31. Waste management rules of municipalities
1. Municipal councils must approve the rules governing the organisation of a municipal waste management scheme of a municipality and the provision of services of municipal waste management and ensuring compliance of these services with environmental, technical and economic and hygiene requirements and the conditions for the management of municipal waste stipulating the implementation of municipal and regional waste management plans.
2. Compliance with the requirements set forth in waste management rules of municipalities shall be controlled by municipal institutions.
Article 32. Polluter-pays principle
1. Waste management shall be subject to the polluter-pays principle, in accordance with which the costs of waste management must be borne by the original waste producer or by the current or previous waste holders and/or the producer or importer of the products from which the waste came.
Article 33. Additional sources of financing of waste management
Additional sources of financing of waste management shall be as follows:
Article 34. Waste Management Programme
1. The Waste Management Programme (hereinafter: the ‘Programme’) shall be introduced with a view to enhancing financing possibilities for waste management.
2. Funds of the Programme shall consist of the tax stipulated in the Law on Pollution Tax for pollution of the environment with waste of taxable goods and packaging waste and a tax for pollution of the environment with waste disposed of in landfills, also the funds received under the documents ensuring the financing of waste management and referred to in Article 341(7), Article 342(3), Article 345(2) and Article 3412(2) of this Law.
3. The funds of the Programme shall be used for the financing of:
1) the setting up, operation and development of waste management schemes, including the implementation of investment projects;
2) the training, education of and provision of information to the public and the staff of municipalities on the issues of waste management – not more than five per cent of annual receipts under the Programme;
3) the setting up, operation and development of waste management schemes in providing grants to municipalities and subsidies to economic entities;
4. Funds of the Programme shall be used during the current budget year for the financing of the measures provided for in paragraph 3 of this Article or, where that is not possible, shall be carried forward to the next budget year.
5. Municipalities and economic entities shall, in implementing the projects of setting up, operation and development of waste management schemes, use funds of the Programme in compliance with the Law of the Republic of Lithuania on Public Procurement.
6. A procedure for using funds of the Programme, goals, targets and results to be achieved by the measures financed under the Programme, criteria for the submission and evaluation of applications and a procedure for providing subsidies and grants shall be specified by the Ministry of Environment.
CHAPTER EIGHT1
SPECIFIC FEATURES OF THE MANAGEMENT OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT
Article 341. Rights and duties of participants of the management scheme for waste electrical and electronic equipment
1. The key duties of the producers and importers of electrical and electronic equipment shall be as follows:
2) to organise the collection, transport and treatment of waste produced in the course of using the electrical and electronic equipment made available on the internal market of the Republic of Lithuania for business purposes by producers and importers and/or participate in organising the management of such waste in the municipal waste management schemes organised by municipalities;
3) to educate and provide information to the public in accordance with the procedure laid down by the Minister of Environment on issues of the management of waste electrical and electronic equipment: the requirement to separate waste electrical and electronic equipment from other wastes; hazardous substances in electrical and electronic equipment; damage of inappropriate management of waste electrical and electronic equipment to the environment and human health; options of the management of electrical and electronic equipment waste and collection sites, etc.;
4) to meet the costs of the collection, transport and treatment of the electrical and electronic equipment specified in point 2 of this paragraph, as well as the costs of organising and implementing the education of and provision of information to the public indicated in point 3 of this paragraph;
5) to keep the records of electronic and electrical equipment and submit record-keeping reports in accordance with the procedure established by the Minister of Environment;
6) to fulfil the tasks of the management of waste electrical and electronic equipment specified by the Government. The Government shall determine the minimum quantity of waste electrical and electronic equipment to be managed according to minimum requirements for the recovery of waste electrical and electronic equipment by producers and importers, taking into account the quantity of electrical and electronic equipment made available on the internal market of the Republic of Lithuania for business purposes in the previous calendar year and minimum requirements for the quality of the waste electrical and electronic equipment collection schemes organised by the producers and importers.
2. The provisions of point 3 of paragraph 1 of this Article shall not apply to producers and/or importers who produce electrical and electronic equipment on the territory of the Republic of Lithuania or ship it into the territory of the Republic of Lithuania and use it for own needs.
3. The producer and/or importer of electrical and electronic equipment must, upon registering its activities in another Member State, appoint a legal or natural person established in the Republic of Lithuania as an authorised representative responsible for fulfilling the duties specified in paragraph 1 of this Article in the Republic of Lithuania. The producer and/or importer of electrical and electronic equipment and the authorised representative shall enter into a contract of mandate.
4. The producer and/or importer of electrical and electronic equipment must, upon registering its activities in the Republic of Lithuania and when transferring the equipment for payment by means of distance communication from the Republic of Lithuania directly to consumers of electrical and electronic equipment to be used by households or users other than households, appoint a natural or legal person established in that Member State as an authorised representative responsible for fulfilling the duties specified in legal acts on the territory of that Member State. The producer and/or importer of electrical and electronic equipment and the authorised representative shall enter into a contract of mandate.
5. Producers and importers of electrical and electronic equipment shall have the right to fulfil the duties specified in paragraph 1 of this Article (except for point 1 of paragraph 1):
1) on an individual basis – by organising the management of waste produced in the course of using the electrical and electronic equipment made available by them on the internal market of the Republic of Lithuania for business purposes;
2) on a collective basis – by establishing the organisation of producers and importers specified in Article 342 of this Law and/or becoming members of such organisation and assigning the organisation to organise the management of waste electrical and electronic equipment and fulfil all or a part of duties laid down for them by this Law, or assigning the organisation, on contractual terms, to organise the management of waste electrical and electronic equipment and fulfil all or a part of duties laid down by this Law without becoming members of the organisation.
6. With a view to fulfilling the duties laid down in points 2 and 6 of paragraph 1 of this Article, producers and importers of electrical and electronic equipment may set up waste electrical and electronic equipment collection schemes complementing the municipal waste management scheme organised by a municipality.
7. From 13 August 2005 making electrical and electronic equipment available on the internal market of the Republic of Lithuania for business purposes, registering and/or submitting record-keeping reports, producers and importers of electrical and electronic equipment for households must, in accordance with the procedure laid down by the Minister of Environment, submit the documentary evidence, as specified by the Government or an institution authorised by it, of the financing of the management of waste from all the electrical and electronic equipment for households made available by them on the internal market of the Republic of Lithuania for business purposes. The procedure for drawing up and submitting such documents and meeting the requirements thereof and the procedure for accumulation, use and repayment of the funds received under these documents shall be established by the Government or an institution authorised by it.
8. In addition to the documents referred to in paragraph 7 of this Article, producers and importers of electrical and electronic equipment, when registering and submitting record-keeping reports, and the organisations of producers and importers referred to in Article 342 of this Law, when submitting activity reports, must, in accordance with the procedure laid down by the Minister of Environment, also submit copies of contracts with waste managers for the collection, transport and treatment of waste electrical and electronic equipment.
9. Producers and importers of electrical and electronic equipment must organise the management of household waste electrical and electronic equipment collected in the waste electrical and electronic equipment management schemes organised by them, bulky waste collection sites set up by municipalities and from distributors in the following manner:
1) the management of all household waste of the electrical and electronic equipment made available on the internal market of the Republic of Lithuania for business purposes before 13 August 2005 (historical waste of electrical and electronic equipment) must be financed by producers and importers existing on the market in proportion to their respective share of the market by equipment in a specific category product group;
10. Producers and importers of electrical and electronic equipment must ensure the management of waste electrical and electronic equipment from users other than households in the following manner:
1) the management of waste of electrical and electronic equipment made available on the internal market of the Republic of Lithuania for business purposes before 13 August 2005 (historical waste of electrical and electronic equipment), where such waste is returned at the time of purchasing new electrical and electronic products having the same purpose, must be financed by producers and importers supplying such equipment;
11. The management of waste electrical and electronic equipment from users other than households, as regards the waste not referred to in paragraph 10 of this Article, must be ensured by holders of such waste by handing it over to the waste manager entitled to manage such waste.
12. Producers and importers may conclude agreements with waste holders and finance the management of waste electrical and electronic equipment from users other than households by methods other than indicated in paragraphs 10 and 11 of this Article. Such agreements must ensure that waste electrical and electronic equipment is collected and managed in compliance with the requirements of this Law and other legal acts.
13. In selling electrical and electronic equipment, producers and importers of electrical and electronic equipment may, in the sales documentation, separately show to users the costs of the management of waste from such equipment, that is, collection, treatment and disposal in an environmentally sound way. These costs may not exceed the actual costs of the management of waste electrical and electronic equipment.
14. Producers and importers of electrical and electronic equipment must, in accordance with the procedure laid down by the Minister of Environment, label with a mark in a standard form the electrical and electronic equipment made available on the internal market of the Republic of Lithuania for business purposes from 13 August 2005. Labelling must be such so as to permit, after making available on the internal market of the Republic of Lithuania for business purposes, identification without ambiguity of the producer and/or importer of electrical and electronic equipment and of the date of making available on the internal market of the Republic of Lithuania for business purposes and to inform users of the necessity of separate collection of waste electrical and electronic equipment. Where this is impossible because of the size or the function of electrical and electronic equipment, the symbol must be printed on the packaging, on the instructions for use and on the warranty of the electrical and electronic equipment.
15. Distributors of electrical and electronic equipment shall be prohibited from distributing electrical and electronic equipment where the producer and/or importer of such equipment is not registered in accordance with the procedure laid down by the Minister of Environment, also where the electrical and electronic equipment of the producer and/or importer is not labelled in accordance with the procedure laid down in Article 14 of this Law.
16. Distributors must accept free of charge the waste electrical and electronic equipment from households which is returned by users if the waste electrical and electronic equipment returned by the user has the same purpose as the electrical and electronic equipment sold by the distributor.
17. In addition to the duty referred to in paragraph 16 of this Article, distributors must accept at no charge the small waste electrical and electronic equipment returned by users whose exterior dimensions do not exceed 25 cm at retail stores whose sales area is at least 400 m2, within the territories belonging to or in the neighbourhood of the stores, but not more than 150 meters away from them, also in the case when the waste electrical and electronic equipment returned by the user has a different purpose than the electrical and electronic equipment sold by the distributor.
18. Distributors may act in derogation of the requirements set forth in paragraphs 16 and 17 of this Article and refuse to accept free of charge the waste electrical and electronic equipment returned by the user if such waste contains the electrical and electronic equipment lacking its essential components or contains waste other than waste electrical and electronic equipment and/or such waste poses a risk to the safety and health of personnel because of contamination. The procedure for accepting the waste electrical and electronic equipment posing a risk to the safety and health of personnel because of contamination shall be laid down by the Ministry of Environment.
19. Distributors shall have the following free of charge options related to waste electrical and electronic equipment from households returned by users:
20. Distributors must, in accordance with the procedure laid down by the Minister of Environment, provide information in writing to users at the point of sale about the possibility of handing over such waste to distributors.
21. At the request of the producer and importer, the distributor must show to the user costs of the management of waste electrical and electronic equipment.
22. Requirements of paragraphs 15, 16, 18, 19, 20 and 21 of this Article shall also apply to the distributors using means of distance communication to make electrical and electronic equipment available on the internal market of the Republic of Lithuania for business purposes. In this case, users must be provided conditions for returning waste electrical and electronic equipment to sites from which electrical and electronic equipment is picked up. The information which clearly indicates to whom and in what ways the user may return waste electrical and electronic equipment must be published in a prominent place on the website of the online store used by the distributor.
23. The waste holder must separate waste electrical and electronic waste from other waste, not mix it with other waste, substances or materials and not disassemble it.
24. The waste holder (user of electrical and electronic equipment) shall have the following options related to electrical and electronic equipment from households:
1) to deliver free of charge to the acceptance sites for such waste set up by producers and importers of electrical and electronic equipment, distribution sites for electrical and electronic equipment or bulky waste collection sites set up by municipalities;
25. Waste electrical and electronic equipment of the distributor or the consumer delivered to the acceptance sites for waste electrical and electronic equipment from households referred to in point 1 of paragraph 19 and point 1 of paragraph 24 of this Article may be refused for return free of charge if such waste contains the electrical and electronic equipment lacking its essential components or contains waste other than waste electrical and electronic equipment and/or such waste poses a risk to the safety and health of personnel because of contamination. The procedure for accepting the waste electrical and electronic equipment posing a risk to the safety and health of personnel because of contamination shall be laid down by the Ministry of Environment.
26. The waste holder shall have the following options related to waste electrical and electronic equipment from users other than households:
1) to deliver to the acceptance sites for such waste set up by producers and importers of electrical and electronic equipment;
27. Managers of waste electrical and electronic equipment must collect waste electrical and electronic equipment separately, not mix it with other waste, substances or materials and manage it in accordance with waste management priorities in a way that is safe for the environment and public health, applying the best available techniques for the management of waste electrical and electronic equipment.
Article 342. Additional requirements for the organisation of the management of waste electrical and electronic equipment on a collective basis
1. With a view to organising the management of waste electrical and electronic equipment on a collective basis, producers and importers may establish an organisation of producers and importers referred to in Article 3422 of this Law (hereinafter: the ‘Organisation’) and/or become members of the established Organisation or assign the Organisation, on contractual terms, to organise the management of waste electrical and electronic equipment and fulfil all or a part of duties laid down by this Law without becoming members of the Organisation.
2. A licence for organising the management of waste electrical and electronic equipment may be issued only to the Organisation assigned to organise the management of waste electrical and electronic equipment as its members or on contractual terms by at least ten per cent of producers and importers of all electrical and electronic equipment made available on the internal market of the Republic of Lithuania for business purposes.
3. With a view to obtaining a licence for organising the management of waste electrical and electronic equipment and in the course of carrying out activities on the basis of the licence issued, the Organisation must, in addition to the documents specified in Article 3423 of this Law, have a bank guarantee or a suretyship insurance contract securing the financing of the management of all the waste electrical and electronic equipment which may be generated within three months using the electrical and electronic equipment made available on the internal market of the Republic of Lithuania by its members and producers and importers who assigned the Organisation to organise the management of waste electrical and electronic equipment. The procedure for drawing up and submitting such documents and meeting the requirements thereof and the procedure for accumulation, use and repayment of the funds received under these documents shall be established by the Government or an institution authorised by it.
4. With a view to fulfilling the duties laid down in Article 341 of this Law for producers and importers of electrical and electronic equipment, the Organisation must conclude:
1) contracts with all municipalities (or legal persons established by the municipalities assigned to administer the municipal waste management scheme) for the collection of waste electrical and electronic equipment from households from bulky waste collection sites set up by the municipalities and partial financing of the operation of these sites. These contracts must provide for the procedure for collecting waste electrical and electronic equipment from bulky waste collection sites set up by the municipalities and for partial financing of the operational costs of these sites, the procedure for concluding contracts, their entry into force and termination, the conditions of infrastructure development of bulky waste collection sites set up by the municipalities and use thereof, the procedure for and conditions of the provision of services, payment arrangements, the rights, duties and liability of the parties for failure to discharge the obligations, the procedure for lodging and examining claims and settling disputes, the period of validity of the contract and conditions of and the procedure for its amendment or termination;
2) contracts with collectors of waste electrical and electronic equipment, selected by the Organisation in accordance with the procedure established by the Minister of Environment, for the collection of waste electrical and electronic equipment from households from bulky waste collection sites set up by the municipalities, transport of the collected waste and its preparing for recovery and contracts with persons in charge of recovery/recycling and/or exporters of waste electrical and electronic equipment, selected by the Organisation in accordance with the procedure established by the Minister of Environment, for the recovery of the collected waste electrical and electronic equipment;
3) contracts with distributors of electrical and electronic equipment and collectors of waste electrical and electronic equipment, selected by the Organisation in accordance with the procedure established by the Minister of Environment, for the collection of waste electrical and electronic equipment from distributors of electrical and electronic equipment, transport of such collected waste and its preparing for recovery and contracts with persons in charge of recovery/recycling and/or exporters of waste electrical and electronic equipment, selected by the Organisation in accordance with the procedure established by the Minister of Environment, for the recovery of the waste electrical and electronic equipment from households collected from distributors of electrical and electronic equipment. These contracts must provide for payment arrangements for the collection of waste electrical and electronic equipment from distributors of electrical and electronic equipment, transport of such collected waste and its preparing for recovery, recovery/recycling and the procedure for controlling the discharge of contractual obligations;
4) contracts with collectors of waste electrical and electronic equipment, selected by the Organisation in accordance with the procedure established by the Minister of Environment, for the collection of waste electrical and electronic equipment from users other than households, its transport and preparing for recovery and contracts with persons in charge of recovery/recycling and/or exporters of waste electrical and electronic equipment, selected by the Organisation in accordance with the procedure established by the Minister of Environment, for the recovery of the collected waste electrical and electronic equipment. These contracts must provide for payment arrangements for the collection of waste electrical and electronic equipment generated in the non-municipal waste stream, its transport, preparing for recovery, recovery/recycling and the procedure for controlling the discharge of contractual obligations.
5. The Organisation must finance the expenses referred to in point 1 of paragraph 4 of this Article in proportion to the market share held by its members and producers and importers who assigned it to organise the management of waste electrical and electronic equipment on contractual terms, which shall, in accordance with the procedure established by an institution authorised by the Government, be calculated based on the declared quantities of electrical and electronic equipment made available on the internal market of the Republic of Lithuania for business purposes during the reporting period by those producers and importers as well as the members.
Article 343. Organisation of the management of waste electrical and electronic equipment on an individual basis
1. In fulfilling the duties laid down in Article 341 of this Law, producers and/or importers who have been registered in accordance with the procedure established by the Minister of Environment and organise the management of waste electrical and electronic equipment from households on an individual basis must:
1) conclude contracts with all municipalities (or legal persons established by the municipalities assigned to administer the municipal waste management scheme) for collecting waste electrical and electronic equipment from households from bulky waste collection sites set up by the municipalities and partial financing of the operation of these sites. These contracts must provide for the procedure for the collection of waste electrical and electronic equipment from bulky waste collection sites set up by the municipalities and for partial financing of the operational costs of these sites, the procedure for concluding contracts, their entry into force and termination, the conditions of infrastructure development of bulky waste collection sites set up by the municipalities and use thereof, the procedure for and conditions of the provision of services, payment arrangements, the rights, duties and liability of the parties for failure to discharge the obligations, the procedure for lodging and examining claims and settling disputes, the period of validity of the contract and conditions of and the procedure for its amendment or termination;
2) conclude contracts with collectors of waste electrical and electronic equipment for the collection of waste electrical and electronic equipment from households from bulky waste collection sites set up by the municipalities, transport of the collected waste and its preparing for recovery and contracts with persons in charge of recovery/recycling and/or exporters of waste electrical and electronic equipment for the recovery of the collected waste electrical and electronic equipment;
3) conclude contracts with distributors of electrical and electronic equipment and collectors of waste electrical and electronic equipment for the collection of waste electrical and electronic equipment from households from distributors of electrical and electronic equipment, transport of such collected waste and its preparing for recovery and contracts with persons in charge of recovery/recycling and/or exporters of waste electrical and electronic equipment for the recovery of the waste electrical and electronic equipment from households collected from distributors of electrical and electronic equipment. These contracts must provide for payment arrangements for the collection of waste electrical and electronic equipment from distributors of electrical and electronic equipment, transport of such collected waste and its preparing for recovery, recovery/recycling and the procedure for controlling the discharge of contractual obligations;
2. Producers and/or importers of electrical and electronic equipment who organise the management of waste electrical and electronic equipment on an individual basis must finance the expenses referred to in point 1 of paragraph 1 of this Article in proportion to their market share, which shall, in accordance with the procedure established by an institution authorised by the Government, be calculated based on the declared quantities of electrical and electronic equipment made available on the internal market of the Republic of Lithuania for business purposes during the reporting period by the producer and/or importer.
3. In fulfilling the duties laid down in Article 341 of this Law, producers and/or importers which have been registered in accordance with the procedure established by the Minister of Environment and organise the management of waste electrical and electronic equipment from users other than households on an individual basis must:
1) conclude contracts with collectors of waste electrical and electronic equipment for the collection of waste electrical and electronic equipment from users other than households, its transport and preparing for recovery and contracts with persons in charge of recovery/recycling and/or exporters of waste electrical and electronic equipment for the recovery of the collected waste electrical and electronic equipment. These contracts must provide for payment arrangements for the collection of waste electrical and electronic equipment from distributors of electrical and electronic equipment, transport of such collected waste and its preparing for recovery, recovery/recycling and the procedure for controlling the discharge of contractual obligations;
4. The provisions of paragraphs 1, 2 and 3 of this Article shall not apply to producers and/or importers using electrical and electronic equipment for own needs. Such producers and/or importers must, in accordance with the procedure established by this Law and other legal acts, manage the waste electrical and electronic equipment used for own needs on their own or transfer the waste to the manager of such waste.
Article 344. Rights and duties of participants of the management scheme for end-of life vehicles
1. The duties of producers and importers of vehicles shall be:
2) to organise the collection, transport, preparing for recovery and recovery of end-of live vehicles generated in the course of using vehicles made available on the internal market of the Republic of Lithuania for business purposes by producers and importers;
3) to ensure conditions for a person whose end-of live vehicle owned by him has no market value or its value is negative to deliver this end-of life vehicle for management free of charge;
4) to educate and provide information to the public, in accordance with the procedure established by the Minister of Environment, on the issues of the management of end-of life vehicles: hazardous substances in vehicles; the impact of inappropriate management of end-of life vehicles on the environment and human health; the options of re-use of vehicle parts and management options of end-of life vehicles and parts thereof. Such information may be provided in promotional literature used when selling vehicles;
5) to meet the costs of collection, transport, preparing for recovery and recovery of end-of life vehicles specified in point 2 of this paragraph, as well as the costs of organising and implementing the provision of information to the public specified in point 4 of this paragraph;
2. Producers and importers of vehicles shall have the right to fulfil the duties specified in paragraph 1 of this Article (except for point 1 of paragraph 1):
1) on an individual basis – by organising the management of end-of life vehicles generated in the course of using vehicles made available by them on the internal market of the Republic of Lithuania for business purposes;
2) on a collective basis – by establishing the Organisation specified in Article 345 of this Law and/or becoming members of such Organisation and assigning the Organisation to organise the management of end-of life vehicles and fulfil all or a part of duties laid down for them by this Law, or assigning the Organisation, on contractual terms, to organise the management of end-of life vehicles and fulfil all or a part of duties laid down by this Law without becoming members of the Organisation.
3. In fulfilling the duties laid down in points 2 and 3 of paragraph 1 of this Article, producers and/or importers of vehicles must ensure the existence of at least one acceptance site for end-of life vehicles in each county and organise the transfer of end-of life vehicles accepted at such sites to the manager entitled to manage such waste.
4. It may be refused to accept an end-of life vehicle free of charge at the sites specified in paragraph 3 of this Article where:
1) the end-of life vehicle does not contain the essential components of a vehicle, in particular the engine and the coachwork;
6. The holder of generated waste end-of life vehicles shall have the following options:
1) to deliver them to the acceptance sites for end-of life vehicles specified in paragraph 3 of this Article;
7. Undertakings engaged in the technical maintenance and repair of vehicles must:
1) accept, free of charge, from passenger vehicle users (natural persons – residents), as far as technically feasible, waste used parts removed when their vehicles are repaired;
8. Managers of end-of life vehicles must manage the end-of life vehicles in accordance with waste management priorities in a way that is safe for the environment and public health, applying the best available techniques for the management of end-of life vehicles.
Article 345. Additional requirements for the organisation of the management of end-of life vehicles on a collective basis
1. With a view to organising the management of end-of life vehicles on a collective basis, producers and importers may establish the Organisation referred to in Article 3422 of this Law and/or become members of the established Organisation or assign the Organisation, on contractual terms, to organise the management of end-of life vehicles and fulfil all or a part of duties laid down by this Law without becoming members of the Organisation.
2. With a view to obtaining a licence for organising the management of end-of life vehicles and in the course of carrying out activities on the basis of the licence issued, the Organisation must, in addition to the documents specified in Article 3423 of this Law, have a bank guarantee or a suretyship insurance contract securing the financing of the management of all end-of life vehicles which may be generated within three months using the vehicles made available on the internal market of the Republic of Lithuania for business purposes by its members and producers and importers who assigned the Organisation to organise the management of end-of life vehicles. The procedure for drawing up and submitting such documents and meeting the requirements thereof and the procedure for accumulation, use and repayment of the funds received under these documents shall be established by the Government or an institution authorised by it.
3. With a view to fulfilling the duties laid down in points 2 and 3 of paragraph 1 of Article 344 of this Law for producers and importers of vehicles, the Organisation must conclude contracts with collectors of end-of life vehicles, selected by the Organisation in accordance with the procedure established by the Minister of Environment, for the collection, transport and preparing for recovery of end-of life vehicles and contracts with persons in charge of recovery/recycling and/or exporters of end-of life vehicles for the recovery of the collected end-of life vehicles. These contracts must provide for payment arrangements for collection, transport, preparing for recovery and recovery/recycling of end-of life vehicles and the procedure for controlling the discharge of contractual obligations.
Article 346. Organisation of the management of end-of life vehicles on an individual basis
1. In fulfilling the duties laid down in points 2 and 3 of paragraph 1 of Article 344 of this Law, producers and/or importers who have been registered in accordance with the procedure established by the Minister of Environment and organise the management of end-of life vehicles on an individual basis must:
1) conclude contracts with collectors of end-of life vehicles for the collection, transport and preparing for recovery of end-of life vehicles and contracts with persons in charge of recovery/recycling and/or exporters of end-of life vehicles for the recovery of the collected end-of life vehicles. These contracts must provide for payment arrangements for collection, transport, preparing for recovery and recovery/recycling of end-of life vehicles and the procedure for controlling the discharge of contractual obligations;
2. The provisions of paragraph 1 of this Article shall not apply to producers and/or importers using vehicles for own needs. Such producers and/or importers must, in accordance with the procedure established by this Law and other legal acts, manage the end-of life vehicles used for own needs on their own or transfer them to the manager of such waste.
Article 347. Rights and duties of producers and importers of oils and managers of waste oils
1. The duties of producers and importers of oils shall be:
2) to keep the records of oils made available on the internal market of the Republic of Lithuania and submit record-keeping reports in accordance with the procedure established by the Minister of Environment;
3) to educate and provide information to the public, in accordance with the procedure established by the Minister of Environment, on the risk posed by waste oils to the environment and management options of such waste. Such information may be provided in sales and transfer documentation of an undertaking, promotional material on oils or oil products as well as electronic media;
4) where waste oils have no market value or their value is negative, to reimburse the costs of collection and transport of waste for management purposes in the territory of the Republic of Lithuania to undertakings engaged in the technical maintenance and repair of vehicles or managers of waste, or to collect waste oils free of charge from the undertakings engaged in the technical maintenance and repair of vehicles, to transport such waste and to transfer to the managers of waste the quantities of waste oils not exceeding the quantities of oils made available on the internal market of the Republic of Lithuania by the producer and/or importer of oils.
2. Producers and importers of oils shall have the right to fulfil the duties specified in points 3 and 4 of paragraph 1 of this Article:
1) on an individual basis – by becoming managers of waste entitled to manage waste oils, or by concluding contracts with managers of waste entitled to manage waste oils;
2) on a collective basis – by establishing the Organisation specified in Article 3412 of this Law and/or becoming members of such Organisation and assigning the Organisation to organise the collection of waste oils from undertakings engaged in the technical maintenance and repair of vehicles and their transport and to fulfil all or a part of duties laid down for them by this Law, or assigning the Organisation, on contractual terms, to organise the collection of waste oils from the undertakings engaged in the technical maintenance and repair of vehicles and to fulfil all or a part of duties laid down by this Law without becoming members of the Organisation.
3. Managers of waste oils must:
1) collect waste oils separately, not mix them with other waste, substances or materials and manage them in accordance with waste management priorities in a way that is safe for the environment and public health, applying the best available techniques for the management of waste oils;
2) when applying to producers and/or importers of oils for the reimbursement of costs referred to in point 4 of paragraph 1 of this Article, to submit to them (the producers and/or importers of oils) documentary evidence of the economically justified costs of collection of waste oils from undertakings engaged in the technical maintenance and repair of vehicles and their transport.
Article 348. Duties of undertakings engaged in the technical maintenance and repair of vehicles
1. Undertakings engaged in the technical maintenance and repair of vehicles which replace or sell oils or which, in the course of their activities, produce or are likely to produce waste oils shall be holders of waste oils.
2. Undertakings engaged in the technical maintenance and repair of vehicles must be registered in accordance with the procedure established by the Minister of Environment in the list of undertakings engaged in the technical maintenance and repair of vehicles.
3. Undertakings engaged in the technical maintenance and repair of vehicles which are holders of waste oils must:
1) take back waste oils free of charge from persons to whom they provide the services of technical maintenance and repair of vehicles;
2) accumulate waste oils generated in the course of providing technical maintenance and repair of vehicles and store them in accordance with requirements laid down by legal acts;
3) keep the records of generated and accumulated waste oils and submit record-keeping reports in accordance with the procedure established by the Minister of Environment;
5) transfer the generated and accumulated waste oils to the waste manager entitled to manage such waste;
Article 349. Duties of legal persons using oils whose activities are not related to technical maintenance or repair of vehicles
1. Legal persons using oils whose activities are not related to technical maintenance or repair of vehicles (hereinafter in this Chapter: ‘industrial plants’) must:
1) accumulate waste oils generated in the course of their activities, store them in accordance with requirements laid down by legal acts, not mix them with other waste, substances or materials and transfer the waste oils to the waste manager entitled to manage such waste;
2) possess documentary evidence of the transfer of waste oils to the waste manager entitled to manage such waste;
Article 3410. Duties of holders of waste oils who are natural persons
1. Holders of waste oils who are natural persons (except for natural persons providing the services of technical maintenance and repair of vehicles on an individual basis) must transfer waste oils to the managers of waste entitled to manage waste oils or, in the case provided for in Article 348(3)(1) of this Law, to undertakings engaged in the technical maintenance and repair of vehicles.
2. Holders of waste oils who are natural persons (except for natural persons providing the services of technical maintenance and repair of vehicles on an individual basis) shall be prohibited from transferring waste oils to persons not specified in paragraph 1 of this Article.
Article 3411. Duties of distributors of oils and oil products
Distributors of oils and oil products must provide information to consumers and users on the adverse impact of the generated waste oils on the environment and management options of waste oils at points of distribution/sale of oils and oil products. Such information may be provided in sales documentation of oils and/or promotional literature used when selling oils.
Article 3412. Additional requirements for the organisation of the management of waste oils on a collective basis
1. With a view to fulfilling, on a collective basis, the duties laid down in points 3 and 4 of paragraph 1 of Article 347 of this Law, producers and/or distributors of oils may establish the Organisation referred to in Article 3422 of this Law and/or become members of the established Organisation or assign the Organisation, on contractual terms, to organise the management of waste oils and fulfil all or a part of duties laid down by this Law without becoming members of the Organisation.
2. With a view to obtaining a licence for organising the management of waste oils and in the course of carrying out activities on the basis of the licence issued, the Organisation must, in addition to the documents specified in Article 3423 of this Law, have a bank guarantee or a suretyship insurance contract securing the financing of the management of all waste oils which may be generated within three months using the oils made available on the internal market of the Republic of Lithuania by its members and producers and importers who assigned the Organisation to organise the management of waste oils. The procedure for drawing up and submitting such documents and meeting the requirements thereof and the procedure for accumulation, use and repayment of the funds received under these documents shall be established by the Government or an institution authorised by it.
3. In fulfilling the duty laid down in Article 347(1)(4) of this Law for producers and importers of oils, the Organisation must conclude contract/contracts for the reimbursement of costs of collection of waste oils from undertakings engaged in the technical maintenance and repair of vehicles and their transport with the collector/collectors of waste oils that have applied to it for that matter (where the waste oils have no market value or their value is negative and the above-mentioned costs have been incurred by the collector of waste oils who has applied to the Organisation for their reimbursement). The contract must provide for the procedure for reimbursing such costs and the procedure for controlling the discharge of contractual obligations.
Article 3413. Organisation of the management of waste oils on an individual basis
1. In fulfilling the duty laid down in Article 347(1)(4) of this Law, producers and/or importers of oils who have been registered in accordance with the procedure established by the Minister of Environment and organise the management of waste oils on an individual basis (unless they have registered as managers of waste oils) must conclude a contract for the reimbursement of costs of collection of waste oils from undertakings engaged in the technical maintenance and repair of vehicles and their transport with the manager/managers of waste oils that have applied to them for that matter (where the waste oils have no market value or their value is negative).
2. Producers and/or importers of oils who organise the management of waste oils on an individual basis must submit, in accordance with the procedure established by the Minister of Environment, on a yearly basis, an activity report on the organisation of the management of waste oils in relation to fulfilling the duties laid down in points 3 and 4 of paragraph 1 of Article 347 of this Law.
3. The provisions of paragraphs 1 and 2 of this Article shall not apply to producers and importers of oils using them for own needs. Such producers and importers must, in accordance with the procedure established by this Law and other legal acts, manage the waste oils used for own needs on their own or transfer the waste oils to the manager of such waste.
Article 3414. Exemptions from application of the provisions of points 3 and 4 of paragraph 1 of Article 347 of this Law and Articles 348 to 3413
1. The provisions of points 3 and 4 of paragraph 1 of Article 347 of this Law and Articles 348 to 3413 shall not apply to producers and importers of oils who make available on the internal market of the Republic of Lithuania oils that burn in the process of use (two-stroke oils) or self-degradable oils (biodegradable oils produced using vegetable oils) as well as to holders of waste oils who hold or use such oils.
2. At the request of institutions exercising state control of environmental protection, producers, importers and distributors of the oils referred to in paragraph 1 of this Article and holders of such waste oils must provide technical descriptions of the oils or other documentary evidence of compliance of the oils produced, imported, used or distributed by them with the purpose and/or chemical composition and/or physical characteristics specified in paragraph 1 of this Article.
Article 3415. Rights and duties of participants of the management scheme for waste batteries and accumulators
1. The duties of producers and importers of batteries and accumulators shall be:
2) to organise the collection, transport, preparing for recovery and recovery of waste generated in the course of using batteries and accumulators made available on the internal market of the Republic of Lithuania for business purposes by producers and importers, i.e. to organise the scheme for collection, treatment and recycling of waste batteries and accumulators in compliance with the environmental and public health protection requirements laid down in the EU reference documents on best available techniques;
3) to ensure that all the collected waste batteries and accumulators are treated and recycled in compliance with the environmental, public health safety and waste management requirements laid down in legal acts of the European Union and the Republic of Lithuania;
4) to ensure that, while recycling the collected waste batteries and accumulators as of 26 September 2011, the recycling efficiencies established by the Government are met;
5) to educate and provide information to the public, in accordance with the procedure established by the Minister of Environment, on the issues of the management of waste batteries and accumulators: the damage of substances contained in batteries and accumulators and inappropriate management of waste batteries and accumulators to the environment and human health, the management schemes for waste batteries and accumulators and collection sites, etc.;
6) to meet the costs of collection, transport, preparing for recovery and recovery of waste batteries and accumulators specified in point 2 of this paragraph, as well as the costs of organising and implementing the provision of information to the public specified in point 5 of this paragraph;
2. Producers and importers of batteries and accumulators shall have the right to fulfil the duties specified in paragraph 1 of this Article (except for point 1 of paragraph 1):
1) on an individual basis – by organising the management of waste batteries and accumulators generated in the course of using batteries and accumulators made available by them on the internal market of the Republic of Lithuania for business purposes;
2) on a collective basis – by establishing the Organisation specified in Article 3416 of this Law and/or becoming members of such Organisation and assigning the Organisation to organise the management of waste batteries and accumulators and fulfil all or a part of duties laid down for them by this Law, or assigning the Organisation, on contractual terms, to organise the management of waste batteries and accumulators and fulfil all or a part of duties laid down by this Law without becoming members of the Organisation.
3. With a view to fulfilling the duty laid down in point 2 of paragraph 1 of this Article, producers and importers of batteries and accumulators may set up waste batteries and accumulators collection schemes complementing the municipal waste management scheme organised by a municipality.
4. Producers and importers of batteries and accumulators shall be prohibited from making available on the internal market of the Republic of Lithuania for business purposes batteries and accumulators with mercury and cadmium content exceeding the quantities established by the Minister of Health.
5. Producers and importers of batteries and accumulators must, in accordance with the procedure established by the Minister of Economy, label batteries and accumulators made available on the internal market of the Republic of Lithuania for business purposes.
6. Producers and importers of industrial and automotive batteries and accumulators may conclude agreements with users of such batteries and accumulators stipulating the method of financing the management of waste industrial and automotive batteries and accumulators other than the one referred to in paragraph 1 of this Article. Such agreements must ensure that waste industrial and automotive batteries and accumulators are collected and managed in compliance with the requirements of this Law and other legal acts.
7. Producers and importers of portable batteries and accumulators must organise the collection scheme for waste portable batteries and accumulators so that waste portable batteries and accumulators are taken back from users free of charge and without requiring to buy a new battery or accumulator. The scheme must enable users to hand over waste portable batteries and accumulators at conveniently located collection sites, having regard to population density.
8. Producers and importers of industrial batteries and accumulators must take back waste industrial batteries and accumulators from users, regardless of chemical composition and origin.
9. Producers and importers of automotive batteries and accumulators must organise the collection scheme for waste automotive batteries and accumulators so that waste batteries and accumulators from private, non-commercial vehicles are collected free of charge and without requiring to buy a new battery or accumulator.
10. All economic entities, namely producers, importers and distributors of batteries and accumulators and managers of waste batteries and accumulators, shall have the right to participate in the collection, treatment and recycling schemes for waste batteries and accumulators specified in this Article.
11. The rules for managing waste batteries and accumulators, the procedure for classifying batteries and accumulators as portable, automotive, industrial or other types of batteries and accumulators and requirements for collections schemes for waste portable and automotive batteries and accumulators and density of collection sites shall be established by the Minister of Environment.
12. Distributors of portable batteries and accumulators must:
2) provide, in accordance with the procedure established by the Minister of Economy, information in writing to all users about the possibility of handing over waste portable batteries and accumulators at distribution sites of such batteries and accumulators;
13. It shall be prohibited to separately show the costs of collection, treatment and recycling of waste portable batteries and accumulators to users at the time of sale of portable batteries and accumulators.
14. In fulfilling the duty laid down in point 2 of paragraph 1 and paragraph 7 of this Article, producers and importers of portable batteries and accumulators must organise the collection of waste portable batteries and accumulators from distribution sites of such batteries and accumulators and the transfer of the collected waste portable batteries and accumulators to the waste manager entitled to manage such waste.
15. The waste holder must separate waste portable batteries and accumulators from other waste and deliver them to acceptance sites of such waste or transfer them to the waste manager entitled to manage such waste.
16. Managers of waste batteries and accumulators must collect waste batteries and accumulators separately, not mix them with other waste, substances or materials and manage them in accordance with waste management priorities in a way that is safe for the environment and public health, applying the best available techniques for the management of waste batteries and accumulators.
Article 3416. Additional requirements for the organisation of the management of waste batteries and accumulators on a collective basis
1. With a view to organising the management of waste batteries and accumulators on a collective basis, producers and importers may establish the Organisation referred to in Article 3422 of this Law and/or become members of the established Organisation or assign the Organisation, on contractual terms, to organise the management of waste batteries and accumulators and fulfil all or a part of duties laid down by this Law without becoming members of the Organisation.
2. With a view to obtaining a licence for organising the management of waste batteries and accumulators and in the course of carrying out activities on the basis of the licence issued, the Organisation must, in addition to the documents specified in Article 3423 of this Law, have a bank guarantee or a suretyship insurance contract securing the financing of the management of all waste batteries and accumulators which may be generated within three months using the batteries and accumulators made available on the internal market of the Republic of Lithuania for business purposes by its members and producers and importers who assigned the Organisation to organise the management of waste batteries and accumulators. The procedure for drawing up and submitting such documents and meeting the requirements thereof and the procedure for accumulation, use and repayment of the funds received under these documents shall be established by the Government or an institution authorised by it.
3. With a view to fulfilling the duties laid down in point 2 of paragraph 1 and paragraphs 7, 8 and 9 of Article 3415 of this Law for producers and importers of batteries and accumulators, the Organisation must conclude contracts with distributors of batteries and accumulators and collectors of waste batteries and accumulators, selected by the Organisation in accordance with the procedure established by the Minister of Environment, for the collection of waste batteries and accumulators from distributors, transport, preparing for recovery and recovery/recycling of the collected waste (or contracts for the collection of waste batteries and accumulators from distributors of batteries and accumulators, transport and preparing for recovery of such collected waste with collectors of waste batteries and accumulators and with persons in charge of recovery/recycling and/or exporters of waste batteries and accumulators for the recovery of the collected waste batteries and accumulators prepared for recovery). These contracts must provide for payment arrangements for the collection of waste batteries and accumulators from distributors of batteries and accumulators, transport of such collected waste, its preparing for recovery, recovery/recycling and the procedure for controlling the discharge of contractual obligations.
Article 3417. Organisation of the management of waste batteries and accumulators on an individual basis
1. In fulfilling the duties laid down in point 2 of paragraph 1 and paragraphs 7, 8 and 9 of Article 3415 of this Law, producers and/or importers who have been registered in accordance with the procedure established by the Minister of Environment and organise the management of waste batteries and accumulators on an individual basis must:
1) conclude contracts with distributors of batteries and accumulators and collectors of waste batteries and accumulators for the collection of waste batteries and accumulators, transport, preparing for recovery and recovery/recycling of the collected waste (or contracts for the collection of waste batteries and accumulators from distributors of batteries and accumulators, transport and preparing for recovery of such collected waste with collectors of waste batteries and accumulators and with persons in charge of recovery/recycling and/or exporters of waste batteries and accumulators for the recovery of the collected waste batteries and accumulators prepared for recovery). These contracts must provide for payment arrangements for the collection of waste batteries and accumulators from distributors of batteries and accumulators, transport of such collected waste, its preparing for recovery, recovery/recycling and the procedure for controlling the discharge of contractual obligations;
2. The provisions of paragraph 1 of this Article shall not apply to producers and/or importers using batteries and accumulators for own needs. Such producers and/or importers must, in accordance with the procedure established by this Law and other legal acts, manage the waste batteries and accumulators used for own needs on their own or transfer the waste to the manager of such waste.
CHAPTER EIGHT5
SPECIFIC FEATURES OF THE MANAGEMENT OF WASTE TAXABLE GOODS, EXCLUDING BATTERIES AND ACCUMULATORS
Article 3418. Rights and duties of participants of the management scheme for waste taxable goods, excluding batteries and accumulators
1. The duties of producers and importers of taxable goods, excluding batteries and accumulators (hereinafter in this Chapter: ‘taxable goods’) shall be:
2) to organise the collection, transport, preparing for recovery and recovery of waste generated in the course of using taxable goods made available on the internal market of the Republic of Lithuania by producers and importers;
3) to educate and provide information to the public, in accordance with the procedure established by the Minister of Environment, on the issues of the management of waste taxable goods: the damage of inappropriate management of waste taxable goods to the environment and human health, management options of waste taxable goods and collection sites, etc.;
4) to meet the costs of collection, transport, preparing for recovery and recovery of waste taxable goods specified in point 2 of this paragraph, as well as the costs of organising and implementing the provision of information to the public specified in point 3 of this paragraph;
2. Producers and importers of taxable goods shall have the right to fulfil the duties specified in paragraph 1 of this Article (except for point 1 of paragraph 1):
1) on an individual basis – by organising the management of waste generated in the course of using taxable goods made available by them on the internal market of the Republic of Lithuania;
2) on a collective basis – by establishing the Organisation specified in Article 3419 of this Law and/or becoming members of such Organisation and assigning the Organisation to organise the management of waste taxable goods and fulfil all or a part of duties laid down for them by this Law, or assigning the Organisation, on contractual terms, to organise the management of waste taxable goods and fulfil all or a part of duties laid down by this Law without becoming members of the Organisation.
3. With a view to fulfilling the duty laid down in point 2 of paragraph 1 of this Article, producers and importers of taxable goods may set up waste taxable goods collection schemes complementing the municipal waste management scheme organised by a municipality.
4. Distributors of tyres must:
1) accept, at no additional cost, waste tyres handed over by the user in the case where the waste tyres handed over are intended for the same type of vehicle and the number of waste tyres (per piece) corresponds to the number of tyres purchased by him;
2) transfer waste tyres taken back from users to the waste manager entitled to manage such waste or hand them over to producers or importers of tyres;
5. In fulfilling the duty laid down in point 2 of paragraph 1 of this Article, producers and/or importers of taxable goods, excluding tyres, must organise the collection of waste taxable goods from undertakings engaged in the technical maintenance and repair of vehicles and the transfer of the waste to the waste manager entitled to manage such waste.
6. In fulfilling the duty laid down in point 2 of paragraph 1 of this Article, producers and/or importers of tyres must organise the collection of waste tyres from their distribution sites and undertakings engaged in the technical maintenance and repair of vehicles and the transfer of waste to the waste manager entitled to manage such waste.
7. Producers and/or importers of taxable goods must, in accordance with the procedure laid down by the Law on Pollution Tax, pay the pollution tax for polluting the environment with waste taxable goods where producers and/or importers of taxable goods fail to perform the tasks of the management of waste taxable goods established by the Government or an institution authorised by it.
8. Undertakings engaged in the technical maintenance and repair of vehicles must:
1) take back, free of charge, from users of vehicles (natural persons – residents) waste taxable goods generated in the course of the technical maintenance and repair of vehicles; it shall be prohibited to hand over such waste, except for parts suitable for the re-use, to the users of vehicles;
9. The waste holder must separate waste taxable goods from other waste and deliver them to acceptance sites of such waste or transfer them to the waste manager entitled to manage such waste.
10. The waste holder may (optionally) deliver waste tyres to any acceptance site of such waste (a tyre distribution site, an undertakings engaged in the technical maintenance and repair of vehicles or a bulky waste collection site set up by a municipality).
11. Managers of waste taxable goods must collect waste taxable goods separately, not mix them with other waste, substances or materials and manage them in accordance with waste management priorities in a way that is safe for the environment and public health, applying the best available techniques for the management of waste taxable goods.
Article 3419. Additional requirements for the organisation of the management of waste taxable goods on a collective basis
1. With a view to organising the management of waste taxable goods on a collective basis, producers and importers may establish the Organisation referred to in Article 3422 of this Law and/or become members of the established Organisation or assign the Organisation, on contractual terms, to organise the management of waste taxable goods and fulfil all or a part of duties laid down by this Law without becoming members of the Organisation.
2. With a view to fulfilling the duties laid down in point 2 of paragraph 1 of Article 3418 of this Law for producers and importers of taxable goods, the Organisation must conclude contracts with collectors of waste taxable goods, selected by the Organisation in accordance with the procedure established by the Minister of Environment, for the collection, transport and preparing for recovery of waste taxable goods and contracts with persons in charge of recovery/recycling and/or exporters of waste taxable goods for the recovery of the collected waste taxable goods. These contracts must provide for payment arrangements for collection, transport, preparing for recovery and recovery/recycling of waste taxable goods and the procedure for controlling the discharge of contractual obligations.
Article 3420. Organisation of the management of waste taxable goods on an individual basis
1. In fulfilling the duties laid down in Article 3418(1)(2) of this Law, producers and/or importers who have been registered in accordance with the procedure established by the Minister of Environment and organise the management of waste taxable goods on an individual basis must:
1) conclude contracts with collectors of waste taxable goods for the collection, transport and preparing for recovery of waste taxable goods and contracts with persons in charge of recovery/recycling and/or exporters of waste taxable goods for the recovery of the collected waste taxable goods. These contracts must provide for payment arrangements for collection, transport, preparing for recovery and recovery/recycling of waste taxable goods and the procedure for controlling the discharge of contractual obligations;
2. The provisions of paragraph 1 of this Article shall not apply to producers and/or importers using taxable goods for own needs. Such producers and/or importers must, in accordance with the procedure established by this Law and other legal acts, manage the waste taxable goods used for own needs on their own or transfer the waste to the manager of such waste.
Article 3421. Rights and duties of participants of the management scheme for packaging waste
1. Managers of packaging waste must collect packaging waste separately, not mix them with other waste, substances or materials and manage them in accordance with waste management priorities in a way that is safe for the environment and public health, applying the best available techniques for the management of packaging waste.
CHAPTER EIGHT7
REQUIREMENTS FOR ORGANISING THE MANAGEMENT OF PRODUCT AND/OR PACKAGING WASTE ON A COLLECTIVE BASIS
Article 3422. Organisation of producers and importers
1. Producers and importers shall organise the management of product or packaging waste on a collective basis by establishing the Organisation and/or becoming members of the established Organisation or by assigning the Organisation, on contractual terms, to organise the management of product or packaging waste and fulfil all or a part of duties laid down by this Law without becoming members of the Organisation.
2. The Organisation shall be a non-profit public legal person established in accordance with the procedure laid down in the Law on Associations or the Law on Public Establishments. New members may join the Organisation.
3. The Organisation shall be established to fulfil the duty laid down in this Law for producers and importers to organise the management of waste generated in the course of using respective goods (electrical and electronic equipment, vehicles, oils, taxable goods, packaged products) made available by the producers and importers on the internal market of the Republic of Lithuania for business purposes and/or to participate in organising the management of such waste in municipal waste management schemes organised by municipalities and may only engage in activities intended to fulfil this duty and other duties laid down in this Law for producers and importers (except for the duty to be registered).
4. The Organisation may carry out its activities only upon receiving a respective licence for organising the management of product or packaging waste and must comply with the licensing conditions for the organisation of the management of product and/or packaging waste specified in Article 3423 of this Law.
5. A licence for organising the management of product or packaging waste shall be issued to the Organisation upon submission of documents referred to in Article 3423 of this Law, drawn up in accordance with requirements established by the Minister of Environment and coordinated with the institution issuing licences for organising the management of product and packaging waste, to the institution issuing licences for organising the management of product and packaging waste.
6. The Organisation must, on equal conditions, fulfil the duties of all members of the Organisation as well as producers and importers who assigned it, on contractual terms, to organise the management of product or packaging waste and fulfil all or a part of duties laid down in this Law (hereinafter: ‘assignors’).
7. Only producers and/or importers may be the founders and members of the Organisation (hereinafter: ‘members of the Organisation’) and assignors. The Organisation must accept all producers and/or importers who wish to join it or sign a contract with it regarding the fulfilment of all or a part of duties laid down by this Law for producers and importers and who undertake to fulfil the conditions set by the Organisation.
8. The producer and/or importer may not, at the same time, assign more than one Organisation to organise the management of the same product waste, including packaging.
9. The management body of the Organisation shall be elected at least every four years, ensuring the possibility for each member of the Organisation to become a member of the management body of the Organisation.
10. The Organisation must allocate at least three per cent of its income to educate and provide information to the public on the issues of waste management.
11. The Organisation shall not have the right to disclose to third parties or any member of the Organisation or to any assignor information on the goods made available by the member and/or assignor of the Organisation on the internal market of the Republic of Lithuania for business purposes and the quantity of packaging used for packaging the goods, except for the cases laid down in legal acts.
12. Members of the Organisation and assignors may not act for the benefit or in the interests of the waste manager or any related entities.
13. Members of the Organisation and assignors must allow the Organisation to carry out inspection of the documentary evidence of information on the products made available on the internal market of the Republic of Lithuania for business purposes and the quantity of packaging used for packaging the products.
14. The Organisation must carry out control of the discharge of contractual obligations by members of the Organisation, assignors and waste managers (waste collectors, persons in charge of waste recovery or exporters of waste) with whom it has concluded contracts for the management of product or packaging waste.
Article 3423. Licensing of activities of the organisation of the management of product and/or packaging waste
1. Licensing rules for the organisation of the management of product and/or packaging waste shall be approved by the Government, taking into account the specific features of the organisation of the management of product and packaging waste.
2. Licences for organising the management of product and/or packaging waste shall be issued and refused, a warning of the possible suspension of validity of the licences shall be issued, their validity shall be suspended, the licences shall be revoked, data of the licences shall be adjusted and a duplicate licence shall be issued by the Ministry of Environment or an institution authorised by it, which shall also control compliance with the requirements of the licensed activity.
3. A licence for organising the management of product and/or packaging waste shall be valid for an indefinite period. Documents for obtaining the licence for organising the management of product and/or packaging waste and the licence itself may be issued by electronic means provided for by legal acts of the Republic of Lithuania.
4. State fees shall be levied for the issuance of a licence for organising the management of product and/or packaging waste, adjustment of data of the licence or issuance of a duplicate licence.
5. The following types of licences for organising waste management shall be established:
5) a licence for organising the management of waste electrical and electronic equipment (lighting equipment);
6) a licence for organising the management of waste electrical and electronic equipment (large household appliances with refrigeration equipment);
7) a licence for organising the management of waste electrical and electronic equipment (television and monitor equipment);
6. A licence for organising the management of product and/or packaging waste (hereinafter: the ‘licence’) shall be issued for the activities of organising the management of respective product and/or packaging waste carried out in compliance with the requirements laid down in this Law and upon submitting to the institution issuing licences the following documents drawn up in accordance with requirements established by the Minister of Environment and coordinated with the institution issuing licences:
1) a plan for organising waste management activities providing for measures and actions ensuring the fulfilment of the duty laid down in this Law for producers and importers to organise the management of waste generated in the course of using respective goods (electrical and electronic equipment, vehicles, oils, taxable goods, packaged products) made available by the producers and importers on the internal market of the Republic of Lithuania for business purposes and/or to participate in organising the management of such waste in municipal waste management schemes organised by municipalities and the performance of the tasks of product or packaging waste management set for producers and importers by the Government;
2) the waste management financing scheme guaranteeing the financing of the management of product or packaging waste;
7. The same licence holder may be issued only one of the licences referred to in paragraph 5 of this Article, with the exceptions provided for in paragraphs 8 and 9 of this Article.
8. A licence holder whose members make available on the internal market of the Republic of Lithuania for business purposes not only vehicles but also taxable goods and/or oils may be issued the licences referred to in points 1 and/or 2 of paragraph 5 of this Article alongside the licence referred to in point 8 of paragraph 5 of this Article.
9. A licence holder whose members make available on the internal market of the Republic of Lithuania for business purposes not only electrical and electronic equipment but also batteries and accumulators may be issued the licence referred to in point 3 of paragraph 5 of this Article alongside the licence referred to in point 4 of paragraph 5 of this Article.
10. A licence holder must comply with the following conditions of the licensed activity:
1) to keep the records of products and/or packaging and their waste and submit record-keeping reports in accordance with the procedure established by the Minister of Environment;
2) to carry out the measures provided for in the plan for organising waste management activities, the financing scheme and the programme for educating and providing information to the public on the issues of waste management;
3) to organise the management of product or packaging waste and/or to participate in organising the management of product or packaging waste in municipal waste management schemes organised by municipalities and to perform the tasks of product or packaging waste management set for producers and importers by the Government;
4) to submit, in accordance with the procedure established by the Minister of Environment, to the institution issuing licences a report on the implementation of the plan for organising waste management activities and information on the implementation of the measures provided for in the financing scheme for waste management and the programme for educating and providing information to the public on the issues of waste management;
5) to submit, together with the report referred to in point 4 of this paragraph, to the institution issuing licences the terms of reference for inspection of the licence holder, approved by the Minister of Environment and coordinated with the Lithuanian Chamber of Auditors, a report on factual observations, drawn up by an independent auditor, regarding the compliance of activities of organisation of waste management with the measures provided for in the plan for organising waste management activities, the financing scheme for waste management and the programme for educating and providing information to the public on the issues of waste management;
6) to submit, together with the report referred to in point 4 of this paragraph, to the institution issuing licences the report of an independent auditor on the annual financial statements of the licence holder;
7) to provide, on a quarterly basis and in accordance with the procedure established by the Minister of Environment, to the institution issuing licences information on the measures carried out during the preceding quarter as provided for in the plan for organising waste management activities, the financing scheme for waste management and the programme for educating and providing information to the public on the issues of waste management.
11. A licence holder must, on a yearly basis, provide public access to the report on the implementation of the plan for organising waste management activities during the preceding year and submit it to the institution issuing licences in accordance with the procedure established by the Minister of Environment.
12. A licence shall not be issued if:
1) a person wishing to obtain the licence has failed to submit the documents referred to in paragraph 6 of this Article;
2) the documents referred to in paragraph 6 of this Article, submitted by the person wishing to obtain the licence, do not comply with the set requirements;
3) the documents referred to in paragraph 6 of this Article, submitted for obtaining the licence, contain insufficient justification that the fulfilment of the duty referred to in point 1 of paragraph 6 of this Article will be ensured;
4) it is established that the person wishing to obtain the licence has submitted misleading or false data to obtain the licence;
5) the person wishing to obtain the licence has tax arrears, in the amount set by the Government, to the state budget of the Republic of Lithuania, municipal budgets or funds the taxes paid whereto are administered by the State Tax Inspectorate (except for the cases where the payment of taxes, late payment interest and fines is deferred in accordance with the procedure laid down by legal acts of the Republic of Lithuania or a tax dispute is pending in relation to these taxes, late payment interest or fines), has debts to the budget of the State Social Insurance Fund or fails to fulfil the obligations to the customs;
13. A licence holder shall be warned of the possible suspension of validity of the licence if:
1) it is established that the licence holder does not comply with the conditions of licensed activity;
2) it transpires that upon the end of a reporting period the members of the licence holder and the assignors make available on the internal market of the Republic of Lithuania for business purposes less than ten per cent of the total quantity of electrical and electronic equipment made available on the internal market of the Republic of Lithuania for business purposes or make available on the internal market of the Republic of Lithuania for business purposes less than 25 per cent of the total quantity of packaging made available on the internal market of the Republic of Lithuania;
3) the licence holder has tax arrears, in the amount set by the Government, to the state budget of the Republic of Lithuania, municipal budgets or funds the taxes paid whereto are administered by the State Tax Inspectorate (except for the cases where the payment of taxes, late payment interest and fines is deferred in accordance with the procedure laid down by legal acts of the Republic of Lithuania or a tax dispute is pending in relation to these taxes, late payment interest or fines), has debts to the budget of the State Social Insurance Fund or fails to discharge the obligations to the customs.
14. When warning a licence holder of the possible suspension of validity of the licence, the institution issuing licences shall indicate reasons for the possible suspension of validity of the licence and a time limit not exceeding one year within which the licence holder must eliminate the causes of the possible suspension of validity of the licence.
15. A warning of the possible suspension of validity of the licence shall be withdrawn if the identified violations are eliminated within the time limit specified in the warning and the documentary evidence of the elimination of the violations is submitted to the institution issuing licences.
16. The validity of a licence shall be suspended if:
1) having been warned of the possible suspension of validity of the licence, the licence holder has failed to eliminate the identified violations within the time limit specified by the institution issuing licences;
18. A decision on the suspension of validity of a licence shall be repealed if the indicated violations are eliminated within the time limit specified by the institution issuing licences but not exceeding one year and the documentary evidence of the elimination of the violations is submitted.
19. A licence shall be revoked:
3) where, upon suspension of validity of the licence, the indicated violations are not eliminated within the time limit specified by the institution issuing licences and the time limit set for eliminating the violations has expired;
5) where it transpires that the licence holder has acted for the benefit or in the interests of waste managers or any related entities;
Article 3424. Application of Chapter Eight1 and Chapter Eight4
1. The provisions of Chapter Eight1 of this Law shall not apply to:
1) electrical and electronic equipment which is necessary for the protection of the essential interests of the security of the Republic of Lithuania, including arms, munitions and war material intended for specifically military purposes;
2) electrical and electronic equipment which is specifically designed and installed as part of another type of equipment that does not fall within the scope of Chapter Eight1 of this Law, and which can fulfil its function only if it is part of that equipment;
Version of paragraph 1 as of 15 August 2018:
1. The provisions of Chapter Eight1 of this Law shall not apply to:
1) electrical and electronic equipment which is necessary for the protection of the essential security interests of the Republic of Lithuania, including arms, munitions and war material intended for specifically military purposes;
2) electrical and electronic equipment which is specifically designed and installed as part of another type of equipment that does not fall within the scope of Chapter Eight1 of this Law, and which can fulfil its function only if it is part of that equipment;
6) large-scale fixed installations, except any equipment which is not specifically designed and installed as part of those installations;
7) means of transport for persons or goods, excluding electric two-wheel vehicles which are not type-approved;
9) equipment specifically designed solely for the purposes of research and development that is only made available on a business-to-business basis;
2. The provisions of Chapter Eight4 of this Law shall not apply to:
1) batteries and accumulators used in the equipment connected with the protection of the essential security interests of the Republic of Lithuania, arms, munitions and war material (with the exclusion of products that are not intended for specifically military purposes);
CHAPTER EIGHT10
REQUIREMENTS FOR WASTE MANAGERS ISSUING DOCUMENTARY EVIDENCE OF PRODUCT AND/OR PACKAGING WASTE MANAGEMENT
Article 3425. Requirements for waste managers issuing documentary evidence of product and/or packaging waste management
1. The right to issue documentary evidence of product and/or packaging waste management shall be granted to those persons in charge of recovery/recycling of product and/or packaging waste, exporters of product and/or packaging waste, collectors of product and/or packaging waste and/or waste managers who treat the collected mixed municipal waste separating the product and/or packaging waste for the purpose of recycling and/or other recovery who meet the requirements laid down in this Article and have, in accordance with the procedure established by the Government or an institution authorised by it, been entered on the List of Waste Managers Entitled to Issue Documentary Evidence of Product and/or Packaging Waste Management (hereinafter in this Article: the ‘List of Waste Managers’). The persons in charge of recovery/recycling of product and/or packaging waste, exporters of product and/or packaging waste, collectors of product and/or packaging waste and/or waste managers who treat the collected mixed municipal waste separating the product and/or packaging waste for the purpose of recycling and/or other recovery shall issue documentary evidence of product and/or packaging waste management in compliance with the procedure established by the Minister of Environment. Unauthorised issuance of documentary evidence of product and/or packaging waste management shall be prohibited.
2. It shall be considered that documentary evidence of product and/or packaging waste has been issued without authorisation where such evidence has been issued for:
1) the types of product and/or packaging waste for which a person is not entitled to issue such evidence;
2) the quantities of product and/or packaging waste collected outside the territory of the Republic of Lithuania;
4) the product and/or packaging waste generated in the municipal waste stream collected through municipal waste management schemes and the complementing waste collection schemes the organisers of which are not municipalities;
5) the product and/or packaging waste generated in the municipal waste stream collected by a person who has not concluded a contract in accordance with the procedure laid down by legal acts with the municipalities (or legal persons established by them and assigned to administer municipal waste management schemes) in whose municipal waste management schemes and the complementing waste collection schemes, organised by those municipalities, he collects waste electrical and electronic equipment and/or packaging waste from households;
6) the quantity of product and/or packaging waste which has not been managed at the time of issuance of documentary evidence of product and/or packaging waste management;
7) the quantity of exported product and/or packaging waste the shipment whereof has not been reported and/or no document received from the consignee has been submitted certifying the recovery of the shipped product and/or packaging waste in accordance with the procedure and within the time limits laid down by legal acts.
3. A decision on the recognition of the documentary evidence of product and/or packaging waste management as invalid shall, in compliance with the procedure established by the Minister of Environment, be adopted by an institution authorised by the Ministry of Environment.
4. The right to issue documentary evidence of product and/or packaging waste management shall be granted to persons in charge of recovery/recycling of product and/or packaging waste and they shall be entered on the List of Waste Managers where, in addition to other requirements laid down in this Law for waste recovery/recycling activities, they meet the following requirements:
1) they recover/recycle product and/or packaging waste applying the best available waste management techniques established by the Minister of Environment, i.e., the most effective waste management technologies developed in this industry which are not hazardous to public health and the environment or, where the impact is unavoidable, which have the smallest possible impact on public health and the environment;
2) in accordance with requirements of international and/or national standards, during the technological process, they produce from product or packaging waste a product which has demand or a market and is generally used for specific purposes and classified within the Combined Nomenclature approved by Commission Regulation (EU) No 861/2010 of 5 October 2010 (OJ 2010 L 284, p. 1);
3) they have installed on their territory wherein product and/or packaging waste is recovered/recycled a metrologically verified weighing device with a valid metrological verification certificate (hereinafter in this Article: the ‘weighing device’);
4) they carry out pre-treatment of product waste and recover/recycle its materials or components and/or carry out pre-treatment of product waste and transfer its materials or components to legally operating persons in charge of recovery/recycling of such waste or exporters under the contracts concluded with them for the recovery/recycling of materials or components of product waste or their shipment for recovery/recycling to the Member States and who can confirm that a product has been produced from the waste, as specified in point 2 of this paragraph.
5. The right to issue documentary evidence of product and/or packaging waste management shall be granted to exporters of product and/or packaging waste and they shall be entered on the List of Waste Managers where, in addition to other requirements laid down in this Law for waste shipment activities, they meet the following requirements:
1) they have the right to ship product and/or packaging waste in accordance with requirements laid down in Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ 2006 L 190, p. 1);
2) they carry out pre-treatment of product waste and ship its materials or components for recovery/recycling to the Member States or ship untreated product waste to the Member States for recovery/recycling or ship packaging waste to the Member States for recovery/recycling;
3) they have a contract for recovery/recycling of respective product and/or packaging waste with the waste manager to recover/recycle such waste in the Member States (hereinafter in this Article: the ‘consignee’) which specifies the name/names and code/codes of the product and/or packaging waste recovered/recycled by the consignee, the method of recovery/recycling of the product and/or packaging waste and the duration of the contract;
4) they hold documentary evidence that the consignee has the right and sufficient capacities to recover/recycle the shipped waste in accordance with requirements laid down in the European Union and/or national legislation regulating the environmental protection;
6. The right to issue documentary evidence of product and/or packaging waste management shall be granted to collectors of product and/or packaging waste and they shall be entered on the List of Waste Managers where, in addition to other requirements laid down in this Law for waste collection activities, they meet the following requirements:
1) they have concluded contracts in accordance with the procedure laid down by legal acts with the municipalities (or legal persons established by them and assigned to administer municipal waste management schemes) in whose municipal waste management schemes and the complementing waste collection schemes, organised by those municipalities, they collect waste electrical and electronic equipment and/or packaging waste from households;
2) they transfer the collected product and/or packaging waste to persons in charge of recovery/recycling of such waste or exporters of such waste under the contracts concluded with them for the recovery/recycling of product and/or packaging waste or its shipment for recovery/recycling to the states of the European Economic Area;
7. The right to issue documentary evidence of product and/or packaging waste management shall be granted to waste managers who treat the collected mixed municipal waste separating the product and/or packaging waste for the purpose of recycling and/or other recovery and they shall be entered on the List of Waste Managers where, in addition to other requirements laid down in this Law, they meet the following requirements:
1) they have concluded contracts in accordance with the procedure laid down by legal acts with the municipalities (or legal persons established by them and assigned to administer municipal waste management schemes) in whose municipal waste management schemes, organised by those municipalities, mixed municipal waste is collected and from which product and/or packaging waste is separated while treating the waste;
2) they transfer product and/or packaging waste separated while treating the mixed municipal waste to persons in charge of recovery/recycling or exporters or export such waste;
8. Persons in charge of recovery/recycling of product and/or packaging waste entered on the List of Waste Managers must weigh with a weighing device each quantity of product and/or packaging waste received in a single shipment and keep the records in accordance with the procedure established by the Minister of Environment in a manner that would enable the separation/identification of the source from which the waste came, the person from whom that shipment of waste was received and the weight and date of receipt of the shipment of waste.
9. Exporters of product and/or packaging waste entered on the List of Waste Managers must:
1) separately weigh with a weighing device each shipment of product and/or packaging waste received and prepared for dispatch and keep the records in accordance with the procedure established by the Minister of Environment in a manner that would enable the separation/identification of the source from which the waste came, the person from whom the shipment of waste was received, the person for whom that shipment of waste is intended and the weight and date of receipt and preparation for dispatch of that shipment of waste;
2) in accordance with the procedure and within the time limits established by the Minister of Environment, inform about the shipment of product and/or packaging waste and submit documentary evidence, received from the consignee, of the recovery/recycling of the shipped product and/or packaging waste.
10. Collectors of product and/or packaging waste entered on the List of Waste Managers must weigh with a weighing device each shipment of product and/or packaging waste received and prepared for recovery/recycling and keep the records in accordance with the procedure established by the Minister of Environment in a manner that would enable the separation/identification of the source from which the waste came and the weight and date of collection and/or preparing for recovery of that shipment of waste.
11. Waste managers who treat the collected mixed municipal waste separating the product and/or packaging waste for the purpose of recycling and/or other recovery must weigh with a weighing device each shipment of mixed municipal waste received and each shipment of product and/or packaging waste prepared for dispatch as well as the quantity of municipal waste left after the separation of the product and/or packaging waste and keep the records of received and dispatched shipments of mixed municipal waste and product and/or packaging waste in accordance with the procedure established by the Minister of Environment in a manner that would enable the identification of waste managers from whom the mixed municipal waste was received, the date of receipt and quantity of such waste, the quantity of mixed municipal waste left after treatment, consignees of the treated mixed municipal waste, the quantity of product and/or packaging waste left after the treatment of the mixed municipal waste and consignees thereof.
12. Persons in charge of recovery/recycling of product and/or packaging waste and exporters of product and/or packaging waste entered on the List of Waste Managers must obtain from persons delivering waste shipments documentary evidence of the origin of waste certifying that the received shipment of product and/or packaging waste is of that type and has only been collected in the territory of the Republic of Lithuania, as indicated in the documents submitted by the person who has delivered the waste. In fulfilling this duty, the persons in charge of recovery/recycling of product and/or packaging waste and the exporters of product and/or packaging waste must set the procedure for data control and describe the procedures for verification of the received shipments of waste (to ensure the accuracy of the data indicated in the documents submitted by the person who has delivered the waste) and appoint a person in charge of the implementation of this procedure.
13. Persons in charge of recovery/recycling of product and/or packaging waste, exporters of product and/or packaging waste, collectors of product and/or packaging waste and/or waste managers entered on the List of Waste Managers who treat the collected mixed municipal waste separating the product and/or packaging waste for the purpose of recycling and/or other recovery shall be warned of the possible removal from the List of Waste Managers if it is established that they:
14. When warning of the possible removal from the List of Waste Managers of persons in charge of recovery/recycling of product and/or packaging waste, exporters of product and/or packaging waste, collectors of product and/or packaging waste and/or waste managers who treat the collected mixed municipal waste separating the product and/or packaging waste for the purpose of recycling and/or other recovery, the institution drawing up the List of Waste Managers shall specify the reasons for their possible removal from the List of Waste Managers and the time limit during which the causes must be eliminated.
15. A warning of the possible removal from the List of Waste Managers shall be withdrawn if the indicated violations are eliminated within the time limit specified in the warning and documentary evidence of the elimination of the violations is submitted to the institution referred to in paragraph 14 of this Article.
16. Persons in charge of recovery/recycling of product and/or packaging waste, exporters of product and/or packaging waste, collectors of product and/or packaging waste and/or waste managers who treat the collected mixed municipal waste separating the product and/or packaging waste for the purpose of recycling and/or other recovery shall be removed from the List of Waste Managers:
1) at the request of the persons in charge of recovery/recycling of product and/or packaging waste, exporters of product and/or packaging waste, collectors of product and/or packaging waste and/or waste managers who treat the collected mixed municipal waste separating the product and/or packaging waste for the purpose of recycling and/or other recovery;
2) upon liquidation of the persons in charge of recovery/recycling of product and/or packaging waste, exporters of product and/or packaging waste, collectors of product and/or packaging waste and/or waste managers who treat the collected mixed municipal waste separating the product and/or packaging waste for the purpose of recycling and/or other recovery;
3) where, after warning of the possible removal from the List of Waste Managers, the indicated violations are not eliminated within the time limit set by the institution referred to in paragraph 14 of this Article and the set time limit for the elimination of violations has expired;
4) where the persons in charge of recovery/recycling of product and/or packaging waste, exporters of product and/or packaging waste, collectors of product and/or packaging waste and/or waste managers who treat the collected mixed municipal waste separating the product and/or packaging waste for the purpose of recycling and/or other recovery have been warned of the possible removal from the List of Waste Managers three times in the last two years;
5) where it transpires that the persons in charge of recovery/recycling of product and/or packaging waste, exporters of product and/or packaging waste, collectors of product and/or packaging waste and/or waste managers who treat the collected mixed municipal waste separating the product and/or packaging waste for the purpose of recycling and/or other recovery have submitted false data and/or falsified documents.
17. Where a violation is minor and no substantial damage is done to the interests protected by this Law and European Union legislation regulating waste management and no substantial damage is done to the environment and human health and a person in charge of recovery/recycling of product and/or packaging waste, an exporter of product and/or packaging waste, a collector of product and/or packaging waste and/or a waste manager who treats the collected mixed municipal waste separating the product and/or packaging waste for the purpose of recycling and/or other recovery have terminated the actions which violate the law, eliminated the consequences of the actions and compensated for the damage, while compliance with the requirements of this Law may be ensured by other means, the institution authorised by the Ministry of Environment shall be allowed, acting in accordance with the principles of fairness and reasonableness, not to warn the person in charge of recovery/recycling of product and/or packaging waste, the exporter of product and/or packaging waste and the collector of product and/or packaging waste of the possible removal from the List of Waste Managers and/or not to remove them from the List of Waste Managers.
Article 35. Liability
1. Persons in breach of requirements of this Law shall be held liable in accordance with the procedure established by laws of the Republic of Lithuania.
Article 36. Proposals to the Government
The Government or an institution authorised by it shall:
1) by 1 January 2003, establish requirements for the transit of waste, its shipments out of the Republic of Lithuania and into the Republic of Lithuania.
Article 37. Entry into force of the Law
This Law shall enter into force as of 1 January 2003, except for Article 12, which shall enter into force as of 1 March 2003.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
Annex 1 to
the Law of the Republic of Lithuania
on Waste Management
Repealed as of 3 May 2011.
Annex 4. Repealed as of 1 June 2015.
Annex 5 to
the Law of the Republic of Lithuania
on Waste Management
LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW
1. Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ 2004 special edition, Chapter 13, Volume 13, p. 349), as last amended by Directive 2005/20/EC of the European Parliament and of the Council of 9 March 2005 (OJ 2005 L 70, p.17).
2. Directive 96/61/EC of the European Parliament and of the Council of 24 September 1996 concerning integrated pollution prevention and control (OJ 2004 special edition, Chapter 15, Volume 3, p. 80), as last amended by Regulation (EC) No 166/2006/EC of the European Parliament and of the Council of 18 January 2006 (OJ 2006 L 33, p.1).
3. Directive 1999/31/EC of the European Parliament and of the Council of 26 April 1999 on the landfill of waste (OJ 2004 special edition, Chapter 15, Volume 4, page 228), as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 (OJ, 2004 special edition, Chapter 1, Volume 4, p. 447).
4. Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ 2004 special edition, Chapter 15, Volume 5, p. 224), as last amended by Council Decision 2005/673/EC of 20 September 2005 (OJ 2005 L 254, p. 69).
5. Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (OJ 2012 L 197, p. 38).
6. Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ 2006 L 190, p. 1), as last amended by Commission Regulation (EU) No 413/2010 of 12 May 2010 (OJ 2010 L 119, p. 1).
7. Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ 2006, L 266, p. 1).
8. Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ 2008 L 312, p. 1).
9. Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ 2009 L 140, p. 114).