Law on Services


Published: 0000-00-00

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REPUBLIC OF LITHUANIA
LAW ON SERVICES
 
 
15 December 2009 – No XI-570
Vilnius
 
 
 
 
CHAPTER ONE
GENERAL PROVISIONS
 
Article 1. Purpose, Scope and Principles of the Law
1. This Law shall set out conditions for exercising the freedom of establishment, the freedom to provide services and the freedom of economic service activities, while creating preconditions to maintain a high quality of services. This Law shall also establish the principles of the exercise of these freedoms, administrative simplification measures in the Republic of Lithuania and a mechanism for administrative cooperation of the competent authorities of the Republic of Lithuania with the competent authorities of Member States and the European Commission in order to ensure proper implementation of the freedom of establishment, the freedom to provide services and the freedom of economic service activities.
2. This Law must be applied in compliance with the principles of non-discrimination, necessity and proportionality, as well as provisions of EU law and decisions of judicial institutions of the European Union, including preliminary rulings on the issues concerning the interpretation and validity of EU law.
This Law shall not apply to:
1) health care and pharmaceutical services provided by health care institutions or professionals to patients to assess, maintain or restore their state of health where those services are reserved to a regulated health profession;
2) financial services, such as credit institutions, credit, insurance and re-insurance, occupational or personal pensions, securities, investment funds, payment and investment advice, including the services listed in Annex 1 to this Law;
3) electronic communications services and networks, and associated facilities and services covered by the Law of the Republic of Lithuania on Electronic Communications in so far as it implements Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (OJ 2004 special edition, Chapter 13, Volume 29, p. 323), as last amended by Common Position (EC) No 15/2009 adopted by the Council on 16 February 2009 (OJ 2009 C 103E, p. 1); Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (OJ 2004 special edition, Chapter 13, Volume 29, p. 337), as last amended by Common Position (EC) No 15/2009 adopted by the Council on 16 February 2009 (OJ 2009 C 103E, p. 1); Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (OJ 2004 special edition, Chapter 13, Volume 29, p. 349), as last amended by Common Position (EC) No 15/2009 adopted by the Council on 16 February 2009 (OJ 2009 C 103E, p. 1); Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (OJ 2004 special edition, Chapter 13, Volume 29, p. 367), as last amended by Common Position (EC) No 16/2009 adopted by the Council on 16 February 2009 (OJ 2009 C 103E, p. 40), and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (OJ 2004 special edition, Chapter 13, Volume 29, p. 514), as last amended by Common Position (EC) No 16/2009 adopted by the Council on 16 February 2009 (OJ 2009 C 103E, p. 40);
4) transport services, falling within the scope of Title V of the Treaty establishing the European Community, including port services;
5) services provided by temporary work agencies;
6) audiovisual services, including cinematographic services, whatever their mode of production, distribution and transmission, and radio broadcasting;
7) gambling activities which involve wagering a stake with pecuniary value in games of chance, including lotteries, gambling in casinos and betting transactions;
8) activities which are connected with the exercise of official authority as set out in Article 45 of the Treaty establishing the European Community;
9) social services relating to social housing, childcare and support of families and persons permanently or temporarily in need, which are provided by the State, providers mandated by the State or charitable organisations;
10) private security services;
11) services provided by notaries and bailiffs.
4. This Law shall not apply to the field of taxation and tax administration.
5. Where there are conflicts between this Law and other legal acts, the provisions of this Law shall apply, unless this Law gives precedence to the provisions of other laws.
6. This Law shall implement the legal act of the European Union referred to in Annex 4 to this Law.
 
Article 2. Definitions
1. Recipient shall mean a national of the Republic of Lithuania or another Member State, any other natural person who benefits from the rights of movement within Member States conferred upon him by European Union legal acts, or a legal person or any other organisation established in the Republic of Lithuania or in another Member State, as well as their branches, which receive or wish to receive a service.
2. Establishment shall mean the actual pursuit of an economic activity by the provider in the Republic of Lithuania or another Member State for an indefinite period and through infrastructure (building, installation and alike) from where the business of providing services is carried out, as referred to in Article 43 of the Treaty establishing the European Community.
3. Member State of establishment shall mean the Member State in whose territory the provider is established.
4. Point of single contact shall mean the public legal person authorised by the Government of the Republic of Lithuania which, in cooperation with the competent authorities of the Republic of Lithuania, shall provide the information specified in this Law to providers and recipients, and ensure the possibility of completing all procedures and formalities relating to access to service activities and to the exercise thereof by electronic means, as well as perform other functions assigned to it by this Law.
5. Liaison point shall mean the state institution of the Republic of Lithuania authorised by the Government of the Republic of Lithuania, which shall coordinate administrative cooperation of the competent authorities of the Republic of Lithuania with the competent authorities of Member States and the European Commission carried out via the Internal Market Information System, as well as perform other functions assigned to it by this Law.
6. Authorisation shall mean a licence, confirmation, certification, certificate, attestation, diploma, notice, application, mandate, decision or any other similar document required for access to and the exercise of a service activity, an obligation to be entered in a state or departmental register (hereinafter referred to as a register) or to provide information prior to commencing service activities, as well as any other authorisation to exercise a service activity granted to a provider or authorisation to receive a service granted to a recipient.
7. Authorisation scheme shall mean any procedure under which a provider or recipient is in effect required to take steps in order to obtain from the competent authority of the Republic of Lithuania a formal authorisation or the authorisation referred to in paragraph 3 of Article 7 of this Law concerning access to a service activity or the exercise thereof.
8. Competent authority of the Republic of Lithuania shall mean the entity of public administration authorised in accordance with the procedure laid down by legal acts to carry out the administrative regulation of the activities of providers, exercise the supervision of their activities or to provide administrative services, as well as courts, professional organisations and associations whose decisions affect the activities of providers.
9. Provider of the Republic of Lithuania shall mean a national of a Member State, any other natural person benefiting from the rights of movement within Member States conferred upon him by European Union legal acts, who have the right to reside in the Republic of Lithuania, or a legal person established in the Republic of Lithuania or its branch, as well as a branch or subsidiary of a legal person or any other organisation established in the Republic of Lithuania, which offers or provides a service.
10. Service shall mean any self-employed economic activity, normally provided for remuneration, in so far as it is not governed by the provisions relating to freedom of movement for goods, capital or persons, as referred to in Article 50 of the Treaty establishing the European Community.
11. Regulated profession shall be interpreted as defined in paragraph 16 of Article 3 of the Law of the Republic of Lithuania on Recognition of Regulated Professional Qualifications.
12. Requirement shall mean any obligation, prohibition, condition or limit which affect the access to, or the exercise of, a service activity and which are provided for in laws and implementing legal acts or in consequence of case law, rules of professional organisations. Requirements which do not specifically regulate or specifically affect the access to, or the exercise of, the service activity but have to be respected by providers in the course of carrying out their economic activity in the same way as by individuals acting in their private capacity (road traffic rules, rules concerning the development or use of land, town and country planning, building standards, as well as administrative penalties imposed for non-compliance with such rules, etc.), as well as rules laid down in collective agreements between social partners shall not be considered as requirements.
13. Overriding reasons relating to the public interest shall mean reasons provided for in the European Union law which may justify the establishment of requirements, including public policy, public security, public safety, public health, preserving the financial equilibrium of the social security system, the protection of consumers, recipients and workers, fairness of trade transactions, fight against crime, the protection of the environment and the urban environment, the health of animals, intellectual property, the conservation of the national historic and artistic heritage, social policy objectives and cultural policy objectives.
14. Provider shall mean a provider of the Republic of Lithuania or a provider of a Member State.
15. Member State shall mean any Member State of the European Union or another country of the European Economic Area.
16. Member State where the service is provided shall mean the Member State where the service is temporarily supplied by a provider of the Republic of Lithuania.
17. Competent authority of a Member State shall mean any body or authority which has a supervisory or regulatory role in a Member State in relation to service activities, such as administrative authorities, courts, professional organisations and associations which, in the exercise of their legal autonomy, regulate access to service activities or the exercise thereof, except for the competent authority of the Republic of Lithuania.
18. Provider of a Member State shall mean a national of a Member State, any other natural person who benefits from the rights of movement within Member States conferred upon him by European Union legal acts, or a legal person established in a Member State, any other organisation or their branches, which offer or provide a service.
19. Internal Market Information System (hereinafter referred to as the IMI system) shall mean the internal market information system of the European Union developed by the European Commission and designed for the exchange of information between the competent authorities of Member States (including the competent authorities of the Republic of Lithuania) in order to ensure efficient administrative cooperation in implementing the legal act of the European Union referred to in Annex 4 to this Law.
CHAPTER TWO
Implementation of the freedom of establishment
 
Article 3. Requirements Which are Prohibited in Legal Acts Regulating the Freedom of Establishment
With the view of ensuring the freedom of establishment, legal acts of the Republic of Lithuania shall not impose the following requirements on access to, or the exercise of, a service activity:
1) discriminating, directly or indirectly, the provider on grounds of his nationality, place of residence or the Member State where the provider is established, including nationality requirements for the provider, his staff, persons holding the share capital or members of the provider’s management or supervisory bodies, as well as the requirement that the provider, his staff, persons holding the share capital or members of the provider's management or supervisory bodies be resident within the territory of the Republic of Lithuania;
2) prohibiting the provider from having an establishment in more than one Member State or from being entered in the registers or enrolled with professional organisations or associations of more than one Member State;
3) restricting the freedom of the provider to choose between establishment in the form of a legal person, branch, agency or subsidiary in the Republic of Lithuania;
4) on the basis of which providers of a Member State would be granted access to a service activity in the Republic of Lithuania under the conditions of reciprocity where service providers of another Member State are subject to the same conditions as providers of the Republic of Lithuania in that Member State;
5) relating to the case-by-case application of an economic test making the granting of authorisation subject to proof of the existence of an economic need or market demand, an assessment of the potential or current economic effects of the activity or an assessment of the appropriateness of the activity in relation to the economic planning objectives set by the competent authority of the Republic of Lithuania. This prohibition shall not apply where justified by overriding reasons relating to the public interest.
6) enabling the direct or indirect involvement of competing providers in the adoption of decisions of the competent authorities of the Republic of Lithuania relating to authorisations, including their involvement in consulting activities, with the exception of professional bodies and associations or other organisations acting as the competent authority of the Republic of Lithuania in granting authorisations or adopting other decisions of the competent authorities of the Republic of Lithuania. This prohibition shall not concern the consultation of organisations on matters other than individual applications for authorisation, or the consultation of the public;
7) requiring to provide a financial guarantee or to take out insurance from a provider of the Republic of Lithuania. This prohibition shall not concern an obligation to provide a financial guarantee or to take out insurance as such;
8) imposing an obligation on the provider to have been pre-registered for a given period in the register held in the Republic of Lithuania or to have previously exercised the activity for a given period in the Republic of Lithuania.
 
Article 4. Requirements Affecting the Freedom of Establishment
1. With the view of ensuring the freedom of establishment, the requirements imposed by legal acts of the Republic of Lithuania on access to, or the exercise of, a service activity must comply with the following principles:
1) non-discrimination, i.e. requirements may be neither directly nor indirectly discriminatory against the provider on grounds of his nationality, place of residence or the Member State in which the provider is established;
2) necessity, i.e. requirements must be justified by overriding reasons relating to the public interest;
3) proportionality, i.e. requirements must be proportionate and suitable for attaining the objective pursued, as well as must not restrict access to, or the exercise of, a service activity beyond what is necessary to attain that objective.
2. With the view of ensuring the freedom of establishment, requirements on access to, or the exercise of, a service activity shall be imposed by legal acts of the Republic of Lithuania so as to ensure that the following requirements comply with the principles set out in paragraph 1 of this Article:
1) quantitative or territorial restrictions, in particular in the form of limits fixed according to population or a minimum geographical distance between providers;
2) an obligation on the provider to take a specific legal form;
3) requirements for the provider relating to a minimum amount of capital, qualifications of persons holding the share capital or other requirements which affect their right to hold the share capital;
4) a restriction which reserves access to certain service activities to particular providers (except in the cases provided for in the Law of the Republic of Lithuania on Recognition of Regulated Professional Qualifications or where provided for in legal acts of the European Union);
5) a ban on the provider holding the share capital of more than one legal person which has an establishment in the territory of the Republic of Lithuania;
6) requirements for the provider relating to a minimum number of employees;
7) requirements for the provider relating to minimum and/or maximum tariffs for his service activities;
8) an obligation on the provider to supply other services jointly with his service.
3. When drafting a legal act, as well as upon the adoption of a legal act setting requirements referred to in paragraph 2 of this Article, the competent authority of the Republic of Lithuania shall, in accordance with the procedure established by the Government of the Republic of Lithuania, communicate information on the establishment of such requirements to the state institution authorised by the Government of the Republic of Lithuania. This information shall be accompanied by the reasons showing that the requirements to be set are in compliance with the principles set out in paragraph 1 of this Article.
4. Upon the receipt of the information specified in paragraph 3 of this Article from the competent authority of the Republic of Lithuania, the state institution authorised by the Government of the Republic of Lithuania shall, in accordance with the procedure established by the Government of the Republic of Lithuania, notify the European Commission of the establishment of the requirements referred to in paragraph 2 of this Article, together with the reasons showing the compatibility of these requirements with the principles set out in paragraph 1 of this Article.
 
Article 5. Regulation of the Procedure for Granting Authorisations Applicable to Access to, and the Exercise of, a Service Activity
Essential requirements relating to the granting, suspension of authorisations, lifting of suspensions or withdrawal of authorisations, as well as requirements to be complied with by providers who have been granted authorisations in the course of carrying out their activity shall be set by laws with respect to the principles set out in Article 4 of this Law.
 
Article 6. Conditions of the Procedure for Granting, Suspending Authorisations, Lifting Suspensions and Withdrawing Authorisations
1. The procedure laid down in legal acts for granting, suspending authorisations, lifting their suspension or withdrawing authorisations shall be based on criteria which shall be:
1) non-discriminatory;
2) justified by overriding reasons relating to the public interest;
3) proportionate to that public interest objective;
4) clear and unambiguous;
5) objective;
6) made public in advance;
7) transparent and accessible.
2. Applications for authorisation must be dealt with objectively and impartially.
3. Where access to a service activity in the Republic of Lithuania is subject to authorisation, the provider may not be required to meet equivalent or essentially comparable requirements and/or controls which have already been satisfied by the provider in another Member State or in the Republic of Lithuania for the purpose of obtaining another authorisation. The provider shall supply, together with his application for authorisation, directly or through the point of single contact, the competent authority of the Republic of Lithuania with all the necessary information regarding these requirements and/or controls which have been satisfied in another Member State or in the Republic of Lithuania.
4. Decisions of the competent authorities of the Republic of Lithuania concerning the granting, suspension of authorisations, lifting of suspensions or withdrawal of authorisations must be reasoned.
5. Decisions of the competent authorities of the Republic of Lithuania concerning the granting, suspension of authorisations, lifting of suspensions or withdrawal of authorisations may be appealed against in accordance with the procedure laid down by laws of the Republic of Lithuania.
 
Article 7.  Periods for Granting Authorisations
1. The competent authority of the Republic of Lithuania must grant an authorisation or communicate its reasoned refusal to the applicant not later than within 30 days, unless a reasonable longer period is set in laws. This time period shall run from the date when all duly executed documents and information necessary for authorisation have been submitted to the point of single contact or the competent authority of the Republic of Lithuania where the applicant contacts the competent authority of the Republic of Lithuania directly.
2. In exceptional cases specified by laws, the period set in paragraph 1 of this Article may be extended once for a period of up to 30 days where justified by important reasons. In this case, the competent authority of the Republic of Lithuania having adopted a decision to extend the period referred to in paragraph 1 of this Article must notify the applicant of the extension and the reasons for the extension before the expiry of the period referred to in paragraph 1 of this Article.
3. In the absence of a response to a duly executed application for authorisation, accompanied by all documentation and information necessary for authorisation (hereinafter referred to as an application) within the time period set by laws, authorisation shall be deemed to have been granted, except in the cases specified by laws where failing a response to the application shall not be considered as the granting of authorisation when such exceptions are justified by overriding reasons relating to the public interest, including legitimate interests of third parties.
4. The competent authority of the Republic of Lithuania which has received the application shall, within 5 working days from the receipt of the application, send to the applicant the acknowledgement of his application. This acknowledgment must specify the following:
1) the time period for processing the application;
2) the means of redress available for the applicant in the event of disputes between the competent authority of the Republic of Lithuania and the applicant;
3) a statement that in the absence of a response within the period specified, authorisation shall be deemed to have been granted, except in the cases specified by laws where failing a response to the application shall not be considered as the granting of authorisation.
5. Where the applicant submits an application which is incomplete or not duly executed, or fails to submit all documentation or information necessary for authorisation, the competent authority of the Republic of Lithuania which has received the application shall, within 5 working days from the receipt of the application, inform the applicant of the need to supply any missing documentation or information, as well as of the fact that the period for the granting of authorisation shall run from the date when all valid documentation and information have been submitted.
6. When the applicant’s request is rejected because it fails to comply with the procedure laid down by legal acts, the competent authority of the Republic of Lithuania which has received the application shall, within 5 working days from the receipt of the application, notify the applicant of the rejection and the reasons for the rejection.
7. Where the applicant’s request is submitted to the competent authority of the Republic of Lithuania which is not authorised to grant such authorisation, the said authority shall, within 5 working days from the receipt of this application, forward it to the competent authority of the Republic of Lithuania which is authorised to grant such authorisation, or to the point of single contact, as well as notify the applicant thereof stating the reasons for forwarding his application.
 
Article 8. Number, Territory and Duration of Authorisations
1. The competent authority of the Republic of Lithuania shall grant an authorisation to a provider for an unlimited period, except where:
1) the authorisation is being automatically renewed or is subject only to the continued fulfilment of the requirements set in the authorisation procedure;
2) the number of available authorisations is limited by overriding reasons relating to the public interest;
3) the number of available authorisations is limited because of the scarcity of natural resources or technical capacity;
4) a limited authorisation period is justified by overriding reasons relating to the public interest.
2. Where the number of authorisations available for a given activity is limited because of the scarcity of available natural resources or technical capacity, the competent authorities of the Republic of Lithuania must apply an impartial and transparent selection procedure to applicants. In these cases, authorisation may not be open to automatic renewal nor confer any other advantage on the provider whose authorisation expired not earlier than before 10 days or on another provider having close links with that provider by control or participation, as defined in the Law of the Republic of Lithuania on Insurance, or where these providers are spouses, close relatives or persons related by marriage. Selection procedures must be established in compliance with the provisions of Articles 5 and 6 of this Law and may take into account overriding reasons relating to the public interest.
3. The authorisation granted shall enable the provider to have access to the service activity throughout the territory of the Republic of Lithuania. Access to the service activity shall also be given to the branches and subsidiaries established in the Republic of Lithuania by the provider who has been granted authorisation, if they exercise the service activity covered by the authorisation granted to the provider. Laws may provide for obligations to obtain individual authorisations or limitations of authorisations to a certain part of the territory of the Republic of Lithuania where such exceptions are justified by overriding reasons relating to the public interest.
4. A provider must, in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it, supply the point of single contact or directly the competent authority of the Republic of Lithuania with information about:
1) the branches and subsidiaries established by the provider in the Republic of Lithuania, which intend to start or have stopped using the authorisation granted to the provider pursuant to paragraph 3 of this Article;
2) changes in the conditions related to the activities of the provider and/or the branches or subsidiaries established by the provider in the Republic of Lithuania which are operating under the authorisation granted to the provider, as well as changes of legal form, legal status or other changes, which result in the requirements for authorisation no longer being met.
5. The provider must, in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it, provide the information specified in paragraph 4 of this Article within 10 working days from the date when such information has or should have become known to him.
 
CHAPTER THREE
Implementation of the freedom to provide services
 
Article 9. Freedom to Provide Services and Related Derogations
1. Providers of Member States shall not be imposed any restrictions on the freedom to provide services in the Republic of Lithuania on a temporary basis, except in the areas referred to in Annex 2 to this Law and other cases provided for in this Law.
2. The competent authorities of the Republic of Lithuania shall assess the temporary nature of the provision of services in light of the duration, regularity, periodicity and continuity of the provision of services, as well as the specific nature of the service in question. Specific criteria for evaluating the temporary nature of the provision of certain services shall be established in legal acts regulating these service activities.
3. Laws of the Republic of Lithuania may impose requirements on providers of Member States providing services in the Republic of Lithuania on a temporary basis with regard to access to, or the exercise of, a service activity, which shall not violate the following principles:
1) non-discrimination, i.e. requirements may be neither directly nor indirectly discriminatory against the provider on grounds of his nationality, place of residence or the Member State in which the provider is established;
2) necessity, i.e. requirements must be justified for reasons of public policy, public security, public health or the protection of the environment;
3) proportionality, i.e. requirements must be proportionate and suitable for attaining the objective pursued, as well as must not restrict the freedom to provide services beyond what is necessary to attain that objective.
4. Where, in compliance with the principles set out in paragraph 3 of this Article, the temporary provision of services in the Republic of Lithuania is subject to authorisation, the provider of a Member State may not be required to meet equivalent or essentially comparable requirements and/or controls which have already been satisfied by the provider concerned in another Member State or in the Republic of Lithuania for the purpose of obtaining another authorisation. The provider in question shall supply, together with his application for authorisation, the competent authority of the Republic of Lithuania, directly or through the point of single contact, with all the necessary information regarding these requirements which have been satisfied in another Member State or in the Republic of Lithuania.
5. When drafting a legal act, as well as upon the adoption of a legal act setting or abolishing requirements referred to in paragraph 3 of this Article, the competent authority of the Republic of Lithuania shall, in accordance with the procedure established by the Government of the Republic of Lithuania, communicate information on the establishment or abolition of such requirements to the state institution authorised by the Government of the Republic of Lithuania. This information shall be accompanied by the reasons justifying the set requirements on the grounds of public policy, public security, public health or the protection of the environment and showing that they are in compliance with the principles set out in paragraph 3 of this Article, or by the reasons for the abolition of such requirements.
6. Upon the receipt of the information specified in paragraph 5 of this Article from the competent authority of the Republic of Lithuania, the institution authorised by the Government of the Republic of Lithuania shall, in accordance with the procedure established by the Government of the Republic of Lithuania, notify the European Commission of the establishment or abolition of the requirements referred to in paragraph 3 of this Article, together with the reasons showing the compatibility of these set requirements with the provisions of paragraphs 3 and 5 of this Article or the reasons for the abolition of these requirements.
 
Article 10. Restrictions on the Freedom to Provide Services in Exceptional Cases
1. By way of derogation from the requirements set out in paragraphs 1, 2 and 3 of Article 9 of this Law, the competent authority of the Republic of Lithuania may, in accordance with the procedure laid down by laws, and in exceptional cases only, in respect of a particular provider of a Member State providing services in the Republic of Lithuania on a temporary basis, take measures restricting the freedom to provide services in relation to the safety of the services provided. Specific measures shall be established in legal acts regulating the provision of certain services.
2. Measures restricting the freedom to provide services in the case referred to in paragraph 1 of this Article may be taken only if the procedure laid down in Article 27 of this Law is complied with and the following conditions are fulfilled:
1) the provisions under which the measures referred to in paragraph 1 of this Article are taken have not been enacted by EU legal acts;
2) the measures provide for a higher level of protection of recipients than would be the case in a measure taken by the Member State of establishment of the provider;
3) the Member State of establishment of the provider has not taken any measures or has taken measures which, in the opinion of the competent authority of the Republic of Lithuania, are insufficient;
4) the measures are proportionate.
 
Article 11. Rights of Recipients
1. It shall be prohibited to restrict access by recipients to services supplied by providers of Member States by imposing the following or comparable requirements:
1) an obligation to obtain authorisation;
2) discriminatory limits on the grant of financial assistance by reason of the fact that the provider is established in another Member State or by reason of the location of the place at which the service is provided.
2. It shall be prohibited to discriminate against recipients on grounds of the nationality, permanent place of residence or the Member State where the recipient is established.
3. The general conditions of access to services, which are made available to the public at large by the provider, shall be prohibited from imposing requirements discriminating against recipients on grounds of the nationality, permanent place of residence or the Member State where the recipient is established, except where these requirements are objectively justified.
 
Article 12. Information Provided to Recipients by the European Consumer Centre
1. The Public Agency European Consumer Centre (hereinafter referred to as the European Consumer Centre) shall provide the following information to recipients:
1) general information on the requirements applicable in other Member States relating to access to, and the exercise of, service activities, in particular those relating to consumer protection;
2) general information on the means of redress available for recipients in other Member States in the event of disputes between a provider and a recipient;
3) the contact details of associations or organisations in other Member States, including the centres of the European Consumer Centres Network, from which recipients may obtain practical assistance.
2. The European Consumer Centre shall provide the information referred to in paragraph 1 of this Article orally, in writing, by electronic means or any other telecommunications terminal equipment. Such information must be kept up to date.
3. In fulfilment of the requirements set out in paragraph 1 of this Article, the European Consumer Centre shall, if necessary, contact the relevant competent authority of the Member State concerned.
4. The European Consumer Centre must ensure that any request for information referred to in paragraph 1 of this Article shall be responded to within a reasonable period.
5. Where the recipient's request for information is faulty or concerns information other than that referred to in paragraph 1 of this Article and outside the competence, the applicant shall be informed accordingly within 5 working days from the receipt of his request.
6. Where the recipient’s request for information is incomplete and therefore the European Consumer Centre is not able to provide the requested information, the applicant shall, within 5 working days from the receipt of his request, be informed of the need to supply any additional information.
 
CHAPTER FOUR
ASSURANCE OF THE QUALITY OF SERVICES
 
Article 13. Provision of Information
1. In addition to the information specified in legal acts regulating service activities, providers must make the following information available to recipients:
1) the name of the provider, his legal status and form, the address of the registered office and contact details, in particular a postal address, fax number and/or e-mail address and/or telephone number at which he can be contacted rapidly and communicated with directly and by electronic means, as well as to which the recipient concerned can send a complaint or a request for information about the services provided. Providers shall supply their legal address if this is not their usual address for correspondence;
2) where the provider is registered in a public register, the name of that register and the provider's registration number, or equivalent means of identification in that register;
3) where the service activity is subject to an authorisation scheme, the particulars of the competent authority of the Republic of Lithuania or the competent authority of a Member State granting authorisations, or the point of single contact or the relevant point of single contact of a Member State: name, address, contact details;
4) where the provider is a VAT payer, the VAT payer’s code;
5) in the case of the regulated professions, any professional body or other institution with which the provider is registered, the professional title and the Member State in which that title has been registered;
6) the general conditions and clauses relating to the provision of services, if any, used by the provider;
7) contractual clauses, if any, used by the provider concerning the applicable law, the means and/or place of dispute settlement;
8) the existence of an after-sale guarantee, if any, not imposed by legal acts;
9) the price of the service, where a price is pre-determined by the provider for a given type of service;
10) the main features of the service, if not already apparent from the context;
11) compulsory professional liability insurance or guarantees (the contact details of the insurer or guarantor and the territorial coverage, as well as other information).
2. The information referred to in paragraph 1 of this Article shall, according to the provider's preference:
1) be supplied by the provider on his own initiative;
2) be easily accessible to the recipient at the place where the service is provided or the contract concluded;
3) be easily accessed by the recipient electronically by means of an address supplied by the provider;
4) appear in any information documents supplied to the recipient by the provider which set out a detailed description of the service he provides.
3. Providers must, within 5 working days from the receipt of the recipient’s request, supply him with the following additional information:
1) where the price is not pre-determined by the provider for a given type of service, the price of the service or, if an exact price cannot be given, the method for calculating the price so that it can be checked by the recipient, or a detailed estimate;
2) as regards the regulated professions, a reference to the professional rules applicable in the Member State of establishment of the provider and how to access them;
3) information on their multidisciplinary activities and different activities exercised on the basis of joint activities (partnership) which are directly linked to the service in question and on the measures taken to avoid conflicts of interest. That information shall be included in any information document in which the provider gives a detailed description of his services;
4) the rules (standards) of professional ethics to which the provider is subject, and information specifying the address at which these rules may be consulted by electronic means and the language versions available;
5) the characteristics of, and conditions for, the use of non-judicial means of dispute settlement where the provider is subject to rules (standards) of professional ethics or enrolled with a professional organisation which provides for recourse to a non-judicial means of dispute settlement.
4. The information referred to in paragraph 1 of this Article must be made available or communicated in a clear and unambiguous manner, and in good time before the contract is concluded or, where there is no written contract, before the service is provided.
5. The obligation to prove that the information referred to in this Article has been provided to the recipient and to demonstrate that the information is true shall rest with the provider.
6. Providers who are subject to codes of conduct or enrolled with trade associations or professional organisations which provide for recourse to a non-judicial means of dispute settlement shall inform the recipient of the application of any codes of conduct or such membership and include this information in the information documents referred to in subparagraph 4 of paragraph 2 of this Article.
 
Article 14. Professional Civil Liability Insurance and Guarantees
1. Legal acts may set a requirement that providers whose services present a direct and particular risk to the health or safety of the recipient or a third person, or to the financial security of the recipient, subscribe to professional civil liability insurance appropriate to the nature and extent of the risk, or provide a guarantee or similar arrangement which is equivalent or essentially comparable to professional civil liability insurance.
2. When a provider of a Member State exercises the freedom of establishment in the Republic of Lithuania he may not be required professional civil liability insurance or a guarantee where the provider is already covered in the Member State of establishment by a guarantee which is equivalent or essentially comparable as regards its purpose and the cover it provides in terms of the insured risk, the insured sum or a ceiling for the guarantee and possible exclusions from the cover.
3. Legal acts setting a requirement that a provider of the Republic of Lithuania should subscribe to professional civil liability insurance or provide another guarantee must establish that attestations of such insurance cover issued by insurers established in other Member States shall also be accepted.
4. The requirements set out in paragraphs 1 and 2 of this Article for professional civil liability insurance, a guarantee or equivalent arrangement shall not affect professional civil insurance or guarantee arrangements provided for in legal acts of the European Union or the implementing legal acts of the Republic of Lithuania.
 
Article 15. Commercial Communications by the Regulated Professions
1. Legal acts of the Republic of Lithuania may not impose any total prohibitions on commercial communications by the regulated professions.
2. Commercial communications by the regulated professions shall comply with professional rules, in conformity with EU law, which relate, in particular, to the independence, dignity and integrity of the profession, as well as to professional secrecy, in a manner consistent with the specific nature of each profession. Professional rules on commercial communications shall be non-discriminatory, justified by overriding reasons relating to the public interest and proportionate.
 
Article 16. Multidisciplinary Activities
1. Providers shall not be made subject to requirements which oblige them to exercise a given specific activity exclusively or which restrict their access to different activities or the exercise of different activities on the basis of joint activities (partnership). However, the following providers may be made subject to such requirements:
1) the regulated professions, in so far as is justified in order to guarantee compliance with the rules governing professional ethics and conduct, which vary according to the specific nature of each profession, and is necessary in order to ensure the independence and impartiality of these providers;
2) providers of certification, accreditation, technical monitoring, test or trial services, in so far as is justified in order to ensure the independence and impartiality of these providers.
2. Where multidisciplinary activities are authorised in respect of providers referred to in subparagraphs 1 and 2 of paragraph 1 of this Article, legal acts shall ensure the following:
1) that conflicts of interest and incompatibilities between different activities are prevented;
2) that the independence and impartiality required for different activities is secured;
3) that the rules governing professional ethics and conduct for different activities are compatible with one another, including the rules concerning matters of professional secrecy.
 
Article 17. Complaints by Recipients
Providers must respond to the complaints of recipients concerning the provision of services within 10 working days from the receipt of the complaint.
 
CHAPTER FIVE
ADMINISTRATIVE SIMPLIFICATION
 
Article 18. Point of Single Contact and its Functions
1. The procedure for the functioning of the point of single contact and its cooperation with the competent authorities of the Republic of Lithuania, as well as the procedure for the provision of information by the competent authorities of the Republic of Lithuania to the point of single contact shall be established by the Government of the Republic of Lithuania.
2. For the purpose of fulfilling the requirements of legal acts relating to access to, or the exercise of, a service activity and/or obtaining certain information, providers and recipients shall have the right to make use of the services of the point of single contact or to contact the competent authorities of the Republic of Lithuania directly, with the exception of courts.
3. The point of single contact shall, in accordance with the procedure established by the Government of the Republic of Lithuania, ensure that it is possible for providers and recipients to complete all procedures and formalities relating to access to service activities and to the exercise thereof, namely:
1) submit all applications, documents and information necessary for authorisation, as well as declarations, notifications or applications submitted to the competent authorities of the Republic of Lithuania for inclusion in a register, a roll or a database, or for registration with a professional organisation, also applications and documents necessary for the termination of economic activities;
2) obtain authorisations issued by the competent authorities of the Republic of Lithuania and other documents;
3) receive and provide the information specified in this Law.
4. Upon the receipt of the provider’s or recipient’s application to complete specific procedures and formalities, the point of single contact shall within 2 working days forward this application and accompanying documents and information to the competent authority of the Republic of Lithuania, whereas the latter shall carry out the actions specified in legal acts of the Republic of Lithuania. Having carried out the actions specified in legal acts of the Republic of Lithuania (having adopted a decision to grant authorisation, provide information or alike), the competent authority of the Republic of Lithuania must, within the period set by legal acts of the Republic of Lithuania, respond to the application and/or provide other documents and information to the provider or recipient which has submitted the application, directly or through the point of single contact. Where the application has been submitted to the point of single contact by electronic means, the competent authority of the Republic of Lithuania shall also respond by electronic means or, where the recipient or provider requests a written response, in writing.
 
Article 19. Information Provided by the Point of Single Contact and Competent Authorities of the Republic of Lithuania
1. The point of single contact shall, in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it, provide the following information to providers and recipients:
1) information on the requirements applicable to providers providing services in the Republic of Lithuania, including the procedures and formalities to be completed in order to access or to exercise service activities;
2) the contact details of the competent authorities of the Republic of Lithuania;
3) information on the means of, and conditions for, accessing registers and databases;
4) information on the means of redress which are available in the event of disputes between the competent authorities of the Republic of Lithuania and the provider or the recipient, or between a provider and a recipient, or between providers;
5) the contact details of the associations or organisations of the Republic of Lithuania, other than the competent authorities of the Republic of Lithuania, from which providers or recipients may obtain practical assistance;
6) general information on the criteria for assessing the quality of services.
2. Having submitted a request to the point of single contact or directly to the competent authority of the Republic of Lithuania for information referred to in paragraph 1 of this Article, providers and recipients shall have the right to receive information on the way in which the requirements referred to in paragraph 1 of this Article are generally interpreted and applied. This right shall not include the right to receive legal advice in individual cases.
3. The point of single contact and the competent authorities of the Republic of Lithuania shall provide the information referred to in paragraphs 1 and 2 of this Article orally, in writing, by electronic means or any other telecommunications terminal equipment, where possible, not only in the state language, but also in the language of the other Member State. Such information must be kept up to date.
4. The point of single contact and the competent authorities of the Republic of Lithuania must ensure that any request for information referred to in paragraphs 1 and 2 of this Article shall be responded to within 5 working days from the receipt of the request.
5. Where the request for information is faulty, the point of single contact or the competent authority of the Republic of Lithuania shall inform the provider or the recipient accordingly within 5 working days from the receipt of the request.
6. Where the request for information falls outside the competence, the point of single contact or the competent authority of the Republic of Lithuania shall, not later than within 5 working days from the receipt of this request, forward it to the competent authority of the Republic of Lithuania which is authorised to supply the requested information, as well as notify the provider or the recipient thereof stating the reasons for forwarding his request.
 
Article 20. Procedures and Formalities by Electronic Means
A provider and a recipient shall, in accordance with the procedure established by the Government of the Republic of Lithuania or an institution authorised by it, have the right to complete all procedures and formalities relating to access to, or the exercise of, a service activity, as referred to in paragraph 3 of Article 18 of this Law, at a distance, by electronic means through the point of single contact or directly with the competent authorities of the Republic of Lithuania. This provision shall not apply to the inspection of premises on which the service is provided or of equipment used by the provider or to physical examination of the capability or of the personal integrity of the provider or of his responsible staff.
 
Article 21. Conditions for the Acceptability of Documents
1. Where laws or other legal acts provide that a provider or recipient must supply to the competent authority of the Republic of Lithuania a certificate, attestation or any other document proving that a requirement has been satisfied, the competent authority of the Republic of Lithuania shall accept the following:
1) a document issued by the competent authority of a Member State from which it is clear that the requirement in question has been satisfied. The competent authority of the Republic of Lithuania may not require a document from another Member State to be produced in its original form, as a certified copy or as a certified translation, except for the cases where the presentation of an original document from another Member State, a certified copy or a certified translation is provided for in legal acts of the European Union or the implementing legal acts of the Republic of Lithuania, as well as in legal acts of the Republic of Lithuania pursuing overriding reasons relating to the public interest;
2) documents of harmonised forms established by the European Commission in accordance with EU legal acts. They shall be equivalent to certificates, attestations and any other documents to be held and/or supplied by a provider.
2. When the competent authority of the Republic of Lithuania accepts the documents referred to in subparagraph 1 of paragraph 1 of this Article, it shall have the right to require translations of documents into the Lithuanian language, but these translations shall not need to be officially certified.
3. The provisions of subparagraph 1 of paragraph 1 and paragraph 2 of this Article shall not apply to documents referred to in Annex 3 to this Law.
 
CHAPTER SIX
ADMINISTRATIVE COOPERATION
 
Article 22. Mutual Assistance
1. The competent authorities of the Republic of Lithuania shall cooperate with the competent authorities of Member States and the European Commission through the IMI system. The procedure for accessing and using the IMI system shall be established by the Government of the Republic of Lithuania or an institution authorised by it.
2. The Government of the Republic of Lithuania shall communicate to the other Member States and the European Commission the contact details of the state institution of the Republic of Lithuania performing the functions of the liaison point.
3. The liaison point shall perform the following functions:
1) coordinate administrative cooperation of the competent authorities of the Republic of Lithuania with competent authorities in other Member States and the European Commission carried out through the IMI system;
2) provide institutional assistance to the competent authorities of the Republic of Lithuania, as well as information to competent authorities in other Member States and the European Commission through the IMI system when the actions referred to in paragraph 4 of this Article are carried out;
3) provide institutional assistance to the competent authorities of the Republic of Lithuania in applying Article 10 of this Law;
4) provide institutional assistance to the competent authorities of the Republic of Lithuania in applying paragraph 3 of Article 6 and paragraph 4 of Article 9 of this Law;
5) maintain contacts with liaison points of other Member States;
6) perform other functions established by the Government of the Republic of Lithuania.
4. The competent authorities of the Republic of Lithuania shall, in cooperation with the competent authorities of Member States, carry out the following actions:
1) at the request of the competent authorities of the Member State where the service is provided, supply information on providers of the Republic of Lithuania and the services they provide in the Republic of Lithuania, as well as information as to whether the provider is established in the territory of the Republic of Lithuania and, to the knowledge of the competent authority of the Republic of Lithuania, is not exercising his activities in an unlawful manner;
2) at the request of the competent authorities of the Member State where the service is provided, conduct checks, inspections and investigations in relation to providers of the Republic of Lithuania and/or their activities, in accordance with the procedure laid down by legal acts of the Republic of Lithuania;
3) at the request of the competent authorities of the Member State of establishment, conduct checks, inspections and investigations in relation to providers established in that Member State and providing services in the Republic of Lithuania on a temporary basis and/or their activities, in accordance with the procedure laid down by legal acts of the Republic of Lithuania;
4) where appropriate, submit requests to the competent authorities of the Member State of establishment for information on providers established in that Member State and providing services in the Republic of Lithuania on a temporary basis and the services they provide, as well as requests to confirm that the provider is established in the territory of that Member State and, to their knowledge, is not exercising his activities in an unlawful manner;
5) where appropriate, submit requests to the competent authorities of the Member State of establishment to carry out checks, inspections and investigations in relation to providers of the Member State in question providing services in the Republic of Lithuania on a temporary basis;
6) where appropriate, submit requests to the competent authorities of Member States to carry out checks, inspections and investigations in relation to providers of the Republic of Lithuania providing services in those Member States on a temporary basis;
7) ensure within their competence that public register data are made available to the competent authorities of Member States in accordance with the same procedure as to the competent authorities of the Republic of Lithuania.
5. The competent authorities of the Republic of Lithuania shall, in compliance with legal acts of the Republic of Lithuania, apply the most appropriate measures to be taken in each individual case in order to supply the information requested by the competent authorities of Member States within the shortest possible period of time or to carry out other actions referred to in paragraph 4 of this Article.
6. The competent authorities of the Republic of Lithuania shall supply the information referred to in paragraph 4 of this Article and submit requests to the competent authorities of Member States by electronic means through the IMI system. Where necessary, the competent authority of the Republic of Lithuania may request assistance from the liaison point.
7. The competent authorities of the Republic of Lithuania shall use the information obtained in the course of the performance of the functions referred to in Articles 22-27 of this Law solely for the purposes specified in the request for information.
8. Upon completion of checks, inspections or investigations referred to in subparagraphs 2 and 3 of paragraph 4 of this Article, the competent authorities of the Republic of Lithuania must provide information to the requesting competent authorities of the Member States concerned about their results, including information about the measures taken or envisaged in respect of providers and the services they provide. In the case of a decision not to take any measures, information about the reasons for this decision shall be given.
9. Where on reasonable grounds the competent authority of the Republic of Lithuania cannot meet a request by the competent authority of a Member State as referred to in subparagraphs 1, 2 and 3 of paragraph 4 of this Article, it shall forthwith inform the requesting competent authority of the Member State accordingly.
10. Providers of the Republic of Lithuania must supply the competent authorities of the Republic of Lithuania with all the information necessary for supervising their activities in compliance with legal acts of the Republic of Lithuania.
 
Article 23. Exchange of Information on the Repute of Providers
1. At the substantiated request of a competent authority of a Member State, the competent authorities of the Republic of Lithuania shall, within their competence, supply information on decisions in administrative and criminal proceedings, decisions concerning the application of economic sanctions and disciplinary liability, as well as decisions concerning insolvency and bankruptcy involving fraud taken in respect of providers, which are directly related to the provider’s competence or professional reputation. The competent authorities of the Republic of Lithuania shall specify the provisions of legal acts of the Republic of Lithuania pursuant to which the provider was found guilty or penalised. The competent authority of the Republic of Lithuania which supplies the information referred to in this paragraph shall inform the provider thereof.
2. Decisions in administrative and criminal proceedings, decisions concerning the application of economic sanctions and disciplinary liability, as well as other decisions as referred to in paragraph 1 of this Article shall be communicated to the competent authorities of Member States only if a final decision not subject to appeal has been taken. In other cases referred to in paragraph 1 of this Article, the competent authority of the Republic of Lithuania shall inform whether a particular decision is final or whether an appeal has been lodged in respect of it, as well as provide an indication of the expected date of the final decision.
3. The competent authority of the Republic of Lithuania shall have the right to submit a substantiated request to a competent authority of a Member State for information on decisions falling within the competence of that competent authority of a Member State as referred to in paragraph 1 of this Article.
4. The competent authorities of the Republic of Lithuania shall place on their websites the information referred to in paragraph 1 of this Article, which is public under legal acts of the Republic of Lithuania.
 
Article 24. Alert Mechanism
1. Where the competent authority of the Republic of Lithuania becomes aware of specific acts or circumstances relating to a service activity that could cause serious damage to the health or safety of persons and/or to the environment in the territory of the Republic of Lithuania or in the territory of other Member States, it shall forthwith inform the Member State of establishment of the provider and the other Member States concerned accordingly, as well as take measures provided for in Articles 22, 23, 25, 26 and 27 of this Law.
2. The information referred to in paragraph 1 of this Article shall be notified through the IMI system.
3. The decision to inform the Member States referred to in paragraph 1 of this Article and the European Commission in accordance with the procedure laid down in paragraph 1 of this Article shall be communicated by the competent authority of the Republic of Lithuania to the provider in respect of whom the decision has been taken.
 
Article 25. Supervision of Providers of the Republic of Lithuania Providing Services in Other Member States on a Temporary Basis
1. The competent authority of the Republic of Lithuania shall, within its competence, supervise compliance by providers of the Republic of Lithuania with the requirements set out in legal acts of the Republic of Lithuania, irrespective of whether they provide services in the Republic of Lithuania or in another Member State on a temporary basis.
2. When checks, inspections or investigations need to be carried out in the territory of other Member States in relation to providers of the Republic of Lithuania providing services in those Member States on a temporary basis, the competent authorities of the Republic of Lithuania shall submit requests through the IMI system to the competent authorities of those Member States to carry out these actions in accordance with the procedure laid down in Article 22 of this Law.
 
Article 26. Supervision of Providers of Member States Providing Services in the Republic of Lithuania on a Temporary Basis
1. The competent authorities of the Republic of Lithuania shall take the necessary measures and carry out checks, inspections and investigations in order to ensure that providers of Member States providing services in the territory of the Republic of Lithuania on a temporary basis comply with the requirements imposed by legal acts of the Republic of Lithuania in accordance with paragraph 3 of Article 9 of this Law.
2. The competent authorities of the Republic of Lithuania shall have the right to conduct, on their own initiative, checks, inspections and investigations on the spot in relation to providers referred to in paragraph 1 of this Article, provided that those actions are not discriminatory, are not motivated solely by the fact that the provider is established in another Member State and are proportionate.
 
Article 27. Mutual Assistance in Restricting the Freedom of Providers of Member States to Provide Services in the Republic of Lithuania on a Temporary Basis in Exceptional Cases
1. Where the competent authority of the Republic of Lithuania intends to apply the provisions of Article 10 of this Law, it shall act in accordance with the procedure laid down in this Article.
2. In the cases provided for in Article 10 of this Law, the competent authority of the Republic of Lithuania shall request the competent authority of the Member State of establishment of a particular provider of a Member State to apply measures with regard to that provider, supplying all supporting information.
3. Having received a response by the competent authority of the Member State of establishment of the provider to the request referred to in paragraph 2 of this Article and believing that there are still grounds to take measures referred to in Article 10 of this Law, the competent authority of the Republic of Lithuania shall notify the European Commission and the Member State of establishment of the provider of its intention to take measures, stating the following:
1) the reasons why it believes the measures taken or envisaged by the Member State of establishment of the provider are inadequate;
2) the reasons why it believes the measures it intends to take fulfil the conditions laid down in Article 10 of this Law.
4. The competent authority of the Republic of Lithuania may not take the measures referred to in Article 10 of this Law until 15 working days after the date of dispatch of the notification referred to in paragraph 3 of this Article.
5. Where there is a significant immediate threat to, or damage is caused to the health or safety of persons, or the security of property, the competent authority of the Republic of Lithuania may derogate from the procedure laid down in paragraphs 2, 3 and 4 of this Article in taking measures referred to in Article 10 of this Law. In such cases, the competent authority of the Republic of Lithuania shall forthwith notify the European Commission and the competent authority of the Member State of establishment of the provider of the measures taken, stating the reasons for that.
6. Where the European Commission adopts a decision that the measures taken by the competent authority of the Republic of Lithuania are incompatible with EU law, the competent authority of the Republic of Lithuania must put an end to the measures in question.
 
CHAPTER SEVEN
FINAL PROVISIONS
 
Article 28. Implementation of the Law
By 28 December 2009, the Government of the Republic of Lithuania and institutions authorised by it shall adopt legal acts necessary for the implementation of this Law.
 
 
Article 29. Entry into Force of the Law
This Law, except for Article 28, shall enter into force on 28 December 2009.
 
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
 
 
 
 
 
 
PRESIDENT OF THE REPUBLIC                                          DALIA GRYBAUSKAITĖ
 
Annex 1 to
Republic of Lithuania
Law on Services
 
FINANCIAL SERVICES NOT COVERED BY
THE LAW OF THE REPUBLIC OF LITHUANIA ON SERVICES
 
1. Acceptance of deposits and other repayable funds.
2. Lending including, inter alia, consumer credit, mortgage credit, factoring (with or without recourse), financing of commercial transactions (including forfeiting).
3. Financial leasing.
4. Services subject to the Law of the Republic of Lithuania on Payments.
5. Issuing and administering travellers’ cheques, bills and other means of payment, unless this activity falls within the scope of point 4 of this Annex.
6. Guarantees and commitments.
7. Trading for own account or for account of customers in:
1) money market instruments (cheques, bills, certificates of deposit, etc.);
2) foreign exchange;
3) financial futures and options;
4) exchange and interest-rate instruments;
5) transferable securities.
8. Participation in securities issues and the provision of services related to such issues.
9. Advice to undertakings on capital structure, industrial strategy and related questions and advice as well as services relating to mergers and the purchase of undertakings.
10. Money broking.
11. Financial instrument portfolio management and advice.
12. Safekeeping and administration of securities.
13. Credit reference services.
14. Safe custody services.
15. Issuance of electronic money.
16. Services subject to the Law of the Republic of Lithuania on Markets in Financial Instruments.
17. Services subject to the Law of the Republic of Lithuania on Collective Investment Undertakings.
 
Annex 2 to
Republic of Lithuania
Law on Services
 
AREAS NOT COVERED BY THE PROVISIONS OF ARTICLE 9 OF THE LAW OF THE REPUBLIC OF LITHUANIA ON SERVICES
 
1. Services of general economic interest which are provided in the Republic of Lithuania, inter alia:
1) water distribution and supply services, as well as waste water services;
2) waste treatment services;
3) postal services covered by Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ 2004 special edition, Chapter 6, Volume 3, p. 71), as last amended by Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 (OJ 2008 L 52, p. 3);
4) in the electricity sector, services covered by Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity (OJ 2004 special edition, Chapter 12, Volume 2, p. 211), as last amended by Directive 2008/3/EC of the European Parliament and of the Council of 15 January 2008 (OJ 2008 L 17, p. 6);
5) in the gas sector, services covered by Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ 2009 L 211, p. 94);
6) in the heat sector, services covered by the Law of the Republic of Lithuania on Energy and the Law of the Republic of Lithuania on Heat Sector;
7) in the oil sector, services covered by the Law of the Republic of Lithuania on Energy and the Law of the Republic of Lithuania on the State Stocks of Petroleum Products and Crude Oil.
2. Legal relationship governed by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ 2004 special edition, Chapter 5, Volume 2, p. 431).
3. Legal relationship governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 2004 special edition, Chapter 13, Volume 15, p. 355), 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. Legal relationship governed by Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ 2004 special edition, Chapter 6, Volume 1, p. 52), as last amended by Council Directive 2006/100/EC of 20 November 2006 (OJ 2006 L 363, p. 141).
5. The activity of judicial recovery of debts.
6. Legal relationship governed by Title II of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22), as last amended by Commission Regulation (EC) No 279/2009 of 6 April 2009 (OJ 2009 L 93, p. 11), as well as by Articles 5-9 of the Law of the Republic of Lithuania on Recognition of Regulated Professional Qualifications and by the requirements set by laws which reserve access to certain activities to members of a particular profession.
7. Legal relationship governed by Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community (OJ 2004 special edition, Chapter 5, Volume 1, p. 35), as last amended by Regulation (EC) No 592/2008 of the European Parliament and of the Council of 17 June 2008 (OJ 2008 L 177, p. 1).
8. Administrative requirements relating to the free movement of persons and their residence to the extent they are regulated by the provisions of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 special edition, Chapter 5, Volume 5, p. 47) concerning administrative formalities of the competent authorities of the Republic of Lithuania with which beneficiaries must comply when the service is provided in the Republic of Lithuania.
9. Where third country nationals move from one Member State to another Member State in the context of the provision of a service, the possibility for Member States to require visas or residence permits for third country nationals who are not covered by the mutual recognition regime provided for in Article 21 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ 2004 special edition, Chapter 19, Volume 2, p. 9), as last amended by Council Regulation (EC) No 1104/2008 of 24 October 2008 (OJ 2008 L 299, p. 1), or the possibility to oblige third country nationals to report to the competent authorities of the Republic of Lithuania on or after their entry.
10. As regards the shipment of waste, matters covered by 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 (EC) No 368/2009 of 15 April 2009 (OJ 2009 L 97, p. 8).
11. Copyright, neighbouring rights, rights of database makers and rights covered by Council Directive 87/54/EEC of 16 December 1986 on the legal protection of topographies of semiconductor products (OJ 2004 special edition, Chapter 13, Volume 8, p. 231) and by Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ 2004 special edition, Chapter 13, Volume 15, p. 459), as well as industrial property rights.
12. Acts requiring under laws of the Republic of Lithuania the involvement of a notary.
13. Legal relationship governed by Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audit of annual accounts and consolidated accounts (OJ 2006 L 157, p. 87).
14. The registration of vehicles leased in another Member State.
15. Provisions regarding contractual and non-contractual obligations, including the form of contracts, determined pursuant to the rules of private international law.
 
 
Annex 3 to
Republic of Lithuania
Law on Services
 
Documents referred to in legal acts, which are not covered by the provisions of subparagraph 1 of paragraph 1 and paragraph 2 of Article 21 of the Law of the Republic of Lithuania on Services
 
1. Documents referred to in paragraph 4 of Article 7 and Article 46 of the Law of the Republic of Lithuania on Recognition of Regulated Professional Qualifications.
2. Documents referred to in paragraph 3 of Article 33 and Articles 34 and 37 of the Law of the Republic of Lithuania on Public Procurement.
3. Documents referred to in subparagraph 2 of paragraph 3 of Article 64 of the Law of the Republic of Lithuania on the Bar.
4. Documents referred to in the Law of the Republic of Lithuania on Companies, which must be disclosed.
 
Annex 4 to
Republic of Lithuania
Law on Services
 
EU LEGAL ACT IMPLEMENTED BY THIS LAW
 
Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36).
 
 
 
 
 
Translated by K.Šatkuvienė
kristina.satkuviene@lrs.lt