Resolution on the Prohibition of Acquisition of Agricultural Land and Forestry Land by Foreign Subjects


Published: 0000-00-00

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Seimas of the Republic of Lithuania
 
RESOLUTION
on the prohibition of acquisition of agricultural land and forestry land by foreign SUBJECTs
 
30 June 2011 Vilnius
 
 
 
The Seimas of the Republic of Lithuania,
having regard to the fact that Annex IX to the Act of the Treaty of Accession of the Republic of Lithuania to the European Union concerning the conditions of accession and the adjustments to the Treaties on which the European Union is founded (hereinafter referred to as the “Act of the Treaty”) stipulates a derogation, namely, a possibility for Lithuania to maintain in force for seven years from the date of accession the rules laid down in its legislation existing at the time of signature of the Act regarding the acquisition of agricultural land and forests by nationals of the Member States and by companies formed in accordance with the laws of another Member State and being neither established nor registered nor having a local branch or agency in Lithuania;
noting that paragraph 2 of Article 17 of the Constitutional Law on the Implementation of Paragraph 3 of Article 47 of the Constitution of the Republic of Lithuania (hereinafter referred to as the “Constitutional Law”), which corresponds to the Act of the Treaty, stipulates that foreign subjects may not acquire agricultural land and forestry land before the end of the transitional period defined in the Treaty of Accession of the Republic of Lithuania to the European Union (hereinafter referred to as the “Treaty”);
stressing that the Act of the Treaty entitles the European Commission, at the request of the Republic of Lithuania, to extend the specified 7-year transitional period prohibiting foreign subjects from acquiring agricultural land and forestry land;
taking account of the fact that the Government of the Republic of Lithuania, supported by the Seimas Committee on Rural Affairs and the Committee on European Affairs, referred to the European Commission with a request to extend the 7-year transitional period, whereas the European Commission, by exercising its powers as stipulated in the Act of the Treaty, amended the original provision of the Act of the Treaty for Lithuania concerning the duration of the transitional period by its Decision 2011/240/EU of 14 April 2011 and extended this period for Lithuania until 30 April 2014;
acting in compliance with the provision of paragraph 3 of Article 17 of the Constitutional Law that from the day on which the Republic of Lithuania becomes a fully-fledged member of the European Union only those provisions of this Law shall be in force which will be in compliance with the Treaty;
based on the provision of Article 138 of the Constitution of the Republic of Lithuania stipulating that the treaties ratified by the Seimas are a constituent part of the legal system of the Republic of Lithuania;
aiming at legal certainty and clarity,
states that the transitional period established in the Act of the Treaty and in paragraph 2 of Article 17 of the Constitutional Law has been extended until 30 April 2014 by Commission Decision 2011/240/EU of 14 April 2011, and until the end of this period no transactions with foreign subjects on the acquisition of agricultural land and forestry land may be concluded.
 
 
 
 
 
 
 
 
 
speaker of the seimas                                                           irena degutienė