SEIMAS OF THE REPUBLIC OF LITHUANIA
RESOLUTION
ON THE INTRODUCTION OF A STATE OF EMERGENCY
10 March 2022 No XIV-932
Vilnius
having regard to the open military aggression launched by the Russian Federation against Ukraine and its people on 24 February 2022,
having regard to the fact that the military aggression in Ukraine is resulting in crimes against humanity, war crimes, state terrorism, and persistent violations of international humanitarian law, which have led to a humanitarian and refugee crisis in Ukraine,
having regard to the hostile policies of the Russian Federation and the Republic of Belarus towards their own population, which increase the likelihood of people fleeing the Russian Federation and the Republic of Belarus,
recalling Resolution No XIV-930 of 24 February 2022 of the Seimas of the Republic of Lithuania on the Aggression of Russia and Belarus against Ukraine which states that the actions of the Russian Federation have a significant negative impact not only on the security of the EU and NATO, in particular, of its eastern members, but also on the security of Europe as a whole,
having regard to the fact that this situation creates favourable conditions for conducting hybrid attacks and provocations of various kinds against the Republic of Lithuania at the direction or with the knowledge of the authorities of the Russian Federation and the Republic of Belarus,
noting the active involvement of Alexander Lukashenko’s regime in the Russian Federation’s strategy of aggression against the Ukrainian state, the build-up of Russian troops on the territory of the Republic of Belarus, and the growing risk that the Belarusian regime will become more active in instrumentalizing migrants as a means of hybrid aggression against the Republic of Lithuania,
having regard to the fact that this situation threatens the primary interests of national security of the Republic of Lithuania,
having regard to the fact that the President of the Republic of Lithuania introduced a state of emergency by Decree No 1K-872 of 24 February 2022 on the Declaration of a State of Emergency and the Seimas of the Republic of Lithuania endorsed the President’s decision by Resolution No XIV-929 of 24 February 2022 on the Approval of the Decision of the President to Declare a State of Emergency,
considering that the current situation does not only remain a threat to public peace, but that this threat has significantly increased since the adoption of the said Resolution by the Seimas of the Republic of Lithuania and it is impossible to eliminate the threat without imposing temporary restrictions on the exercise of certain constitutional rights and freedoms and without introducing emergency measures,
pursuant to Article 67(20), Article 144(1), and Article 145 of the Constitution of the Republic of Lithuania and Article 5, Article 6(1), Article 7(1), and Article 28 of the Law of the Republic of Lithuania on a State of Emergency, hereby resolves:
Article 1.
1. A state of emergency shall be introduced on the whole territory of the Republic of Lithuania on 11 March 2022 at 12.00 a.m.
2. The state of emergency shall be introduced due to the unprecedented build-up of military forces of the Russian Federation and the Republic of Belarus, which have been engaged in the military aggression against the neighbouring state of Ukraine, have caused a humanitarian and refugee crisis, threaten the security of NATO, the European Union, and other European countries, and jeopardise the primary interests of national security of the Republic of Lithuania; furthermore, potential hybrid attacks and provocations of various kinds pose a threat to public peace and this threat cannot be eliminated without imposing proportionate restrictions, provided for in the Constitution and the Law on a State of Emergency, on the exercise of rights and freedoms and without introducing specific emergency measures.
3. The purpose of the introduction of the state of emergency shall be to eliminate the threat posed by the actions of the Russian Federation and the Republic of Belarus and by the processes resulting therefrom to the primary interests of national security and public peace in the Republic of Lithuania by imposing the restrictions on the exercise of the rights and freedoms, introducing the emergency measures, and taking the decisions as specified in this Resolution.
4. The duration of the state of emergency shall run from the moment of its introduction referred to in paragraph 1 of this Article until 20 April 2022, 11.59 p.m.
Article 2.
During the state of emergency, the following restrictions on the exercise of the rights and freedoms specified in Articles 25 and 36 of the Constitution shall be imposed on the whole territory of the Republic of Lithuania:
1) it shall be prohibited to take photographs, film, or otherwise record and/or collect information on site about enterprises, facilities and assets critical to ensuring national security and belonging to the energy sector and about the movement of military equipment of the Lithuanian and allied armed forces, with the exception of the cases where this is done by the entities ensuring the protection of these critical elements or upon obtaining their authorisation;
2) it shall be prohibited to retransmit and/or distribute via the Internet on the territory of the Republic of Lithuania radio and television channels and/or individual channels of entities established, directly or indirectly managed, controlled, or funded by the Russian Federation or the Republic of Belarus, with the exception of the cases where the Radio and Television Commission of Lithuania grants an authorisation or when the channels are retransmitted/distributed from the Member States of the European Union or the countries that have ratified the European Convention on Transfrontier Television;
3) dissemination of the information referred to in Article 19(1)(1) and/or Article 19(1)(3) of the Law of the Republic of Lithuania on the Provision of Information to the Public in relation to the circumstances in respect whereof the state of emergency has been introduced shall be restricted. The restriction shall be enforced by a court decision taken within 72 hours at the request of the Inspector of Journalist Ethics or the Lithuanian Police Department pursuant to, mutatis mutandis, Article 52 of the Law on the Provision of Information to the Public. An appeal against the decision of a court of first instance shall not suspend its execution. Until the court decision is issued, but for a period not exceeding 72 hours, the Lithuanian Police Department or the Inspector of Journalist Ethics may issue binding instructions to providers of electronic information hosting services and providers of Internet access services to deny access to media outlets and binding instructions to sellers of publications, providers of publication delivery or other distribution services to suspend the sale, delivery or distribution of publications; for the period exceeding 72 hours, such instructions shall be given by a court decision;
Article 3.
During the state of emergency, the following emergency measures referred to in Article 28 of the Law on a State of Emergency shall apply:
1) use of the state reserve in order to ensure appropriate reception conditions for foreigners fleeing military aggression and/or persecution, the provision of assistance to Ukraine, and the financing of activities of the institutions involved in the management of the state of emergency and in order to eliminate the threat posed to the primary interests of national security of the Republic of Lithuania and public peace;
2) enhanced protection of enterprises, facilities and assets critical to national security (hereinafter: ‘critical elements’). Ministries with critical elements under their remit, together with operators and/or managers of critical elements, shall organise enhanced protection of critical elements, including the introduction of organisational and/or technical measures, the provision of enhanced cyber-security, as well as the establishment of protection zones around critical elements, where access of unauthorised persons is prohibited. The Public Security Service under the Ministry of the Interior and the Lithuanian Police Department shall ensure enhanced response to security incidents at critical elements and enhanced patrols of critical elements;
3) enhanced state border protection. The protection of the external border of the European Union shall be strengthened through measures provided for in laws and special plans. Persons intending to cross or crossing the external border of the European Union in places other than those designated for that purpose shall be refused admission to the territory of the Republic of Lithuania. This provision shall not apply with a view to ensuring the humanitarian access of foreigners who flee military aggression and/or persecution, including those who do not have a valid travel document;
4) the transit of foreigners travelling under the special transit scheme through the territory of the Republic of Lithuania shall take place in accordance with the conditions established by the Ministry of Foreign Affairs of the Republic of Lithuania and agreed upon with the State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania;
5) tightened visa regime for foreigners. Under the tightened visa regime, acceptance of visa applications by the citizens of the Russian Federation and the Republic of Belarus and the adoption of decisions on these applications by the visa services of the Republic of Lithuania abroad shall be suspended, with the exception of the cases, where the Ministry of Foreign Affairs of the Republic of Lithuania acts as an intermediary in issuing visas;
6) checks on vehicles and persons and their luggage in border areas in accordance with the procedure laid down by laws with a view to tracing and seizing illicit firearms, ammunition, explosive, radioactive, toxic and other hazardous substances and devices, identifying and detaining offenders, safeguarding public order and public peace, and protecting the life, health and property of the population.
Article 4.
1. During the state of emergency, the Lithuanian Armed Forces shall be used in accordance with the procedure laid down in the Law of the Republic of Lithuania on the Organisation of the National Defence System and Military Service.
2. The Lithuanian Armed Forces shall be used to implement the emergency measures provided for in Article 3(3) of this Resolution.