On the Approval of the Programme for the Clearance and Prevention of Explosive Remnants of War and the Plan of Implementing Measures for the Programme for the Clearance and Prevention of Explosive Remnants of War


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Oficialus vertimas
2007 12 20
 
THE GOVERNMENT OF THE REPUBLIC OF
LITHUANIA
 
RESOLUTION No 446
 
of 18 April 2007
 
ON THE APPROVAL OF THE PROGRAMME FOR THE CLEARANCE AND PREVENTION OF EXPLOSIVE REMNANTS OF WAR AND THE PLAN OF IMPLEMENTING MEASURES FOR THE PROGRAMME FOR THE CLEARANCE AND PREVENTION OF EXPLOSIVE REMNANTS OF WAR
 
Vilnius
 
Acting pursuant to Articles 3 and 5 of the Protocol on Explosive Remnants of War (Protocol V) to the 1980 United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which may be Deemed to be Excessively injurious or to Have Indiscriminate Effects (Valstybės žinios (Official Gazette) No 122‑4461, 2004) and Article 11(3) of the Law on Treaties of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 60‑1948, 1999), the Government of the Republic of Lithuania has resolved:
 
1.   To approve (as appended):
1.1. The Programme for the Clearance and Prevention of Explosive Remnants of War;
1.2. The Plan of Implementing Measures for the Programme for the Clearance and Prevention of Explosive Remnants of War.
2. To charge the Ministry of National Defence with coordinating the implementation of the Plan of Implementing Measures for the Programme for the Clearance and Prevention of Explosive Remnants of War approved by the Resolution.
3. To recommend that municipalities take part in the implementation of the Plan of Implementing Measures for the Programme for the Clearance and Prevention of Explosive Remnants of War Approved by the Resolution and allocate funds from their own budgets for this purpose.
 
Prime Minister                                                                                             Gediminas Kirkilas
 
 
 
Minister of National Defence                                                                     Juozas Olekas
 
APPROVED by
Resolution No 446 of the
Government of the Republic of Lithuania
of 18 April 2007
 
 
THE PROGRAMME FOR THE CLEARANCE AND PREVENTION OF EXPLOSIVE REMNANTS OF WAR
 
I. GENERAL PROVISIONS
 
1. The Programme for the Clearance and Prevention of Explosive Remnants of War (hereinafter referred to as “the Programme“) describes the present situation, provides for the objectives and the tasks of the Programme, their implementation, funding and the results of the implementation.
2. The terms used in the Programme correspond to the ones defined by the Protocol on Explosive Remnants of War (Protocol V, hereinafter referred to as “Protocol V“) to the 1980 United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (Valstybės žinios (Official Gazette) No 122‑4461, 2004) and the Law on Civil Protection of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 115‑3230, 1998).
 
II. THE PRESENT SITUATION
 
3. The First and the Second World Wars which took place in the territory of the Republic of Lithuania have resulted in the pollution of the territory with explosive remnants of war. That carries a potential danger to people, hinders the socio-economic development, organization of protection of the environment and culture and is detrimental to state, social and private activities in the territories, including the territorial waters of the Republic of Lithuania, polluted by explosive remnants of war.
4. Pollution of the former Soviet military bases with unexploded ordnances, weapons and other substances used for the organization of military operations, as well as the level and the spread of pollution over the territory of the Republic of Lithuania have not been examined in detail and may constitute a potential danger to people and the activities they perform.
5. During the period from 1990 to 2006 13 persons were killed and 6 persons were injured because of the explosive ordnances that were either left by the Soviet army or remained from the First and the Second World Wars. Over 200,000 explosive charges have been destroyed since 1990.
6. By the Law on the Ratification of the Protocol on Explosive Remnants of War to the 1980 United Nations Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects (Valstybės žinios (Official Gazette) No 122‑4458, 2004) the Seimas of the Republic of Lithuania has ratified Protocol V, which came into force for the Republic of Lithuania on 12 November 2006. Although majority of the provisions of Protocol V apply to explosive remnants of war, which will be found after the entry into force of Protocol V, certain provisions impose the obligation on the states to also resolve the existing problems related to explosive remnants of war. The states having ratified Protocol V undertook the obligation to reduce the threat posed by explosive remnants of war by means of providing for the measures of information collection and analysis, clearance and destroying of explosive ordnances, also other measures that are to be implemented immediately and effectively.
7. Article 5(6) of the Law on Civil Protection of the Republic of Lithuania stipulates that the civil protection and rescue system, taking into account the causes, character and threat of emergencies, shall carry out rescue and other emergency operations. Those operations shall also include both the defusing and the destruction of explosive ordnances. The Procedure of Prevention of Emergencies in the Republic of Lithuania, approved by Resolution No 109 of the Government of the Republic of Lithuania of 1 February 2000 (Valstybės žinios (Official Gazette) No 12‑298, 2000) (hereinafter referred to as “the Procedure”) governs the procedures of defining and implementing the preliminary measures for avoiding emergencies or minimizing their effects. The procedure regulates the application of preventive measures and aims to prepare a range of measures to avoid or minimize the threats of emergencies in advance. The Law on Civil Protection of the Republic of Lithuania and the Procedure do not specify particular measures necessary for systematic and consistent reconnaissance of unexploded ordnances (including remnants of war), for prevention of explosions related to them and for clearance. The implementation of the Plan of Implementing Measures for the Programme for the Clearance and Prevention of Explosive Remnants of War will help solve the problems related to explosive remnants of war in a methodical and consistent manner.
 
III. THE OBJECTIVE AND TASKS OF THE PROGRAMME
 
8. The objective of the Programme is to ensure that explosive remnants of war are found, to prevent the potential threat to people, to minimize the adverse effects for state, social and private activities.
9. For the attainment of the objective of the Programme, specific tasks shall be set as follows:
9.1. to examine and evaluate the threat posed by explosive remnants of war;
9.2. to draft and amend the legislation with the view of mobilising the authorities of the Republic of Lithuania for minimizing the risk posed and the effects of explosive remnants of war and for related activities.
9.3. to carry out the clearance of the territories polluted with explosive remnants of war.
9.4. to cooperate with foreign states, international organisations, also with non‑governmental organisations and foundations in order to minimise the risks posed by explosive remnants of war.
 
IV. PROGRAMME EFFICIENCY EVALUATION CRITERIA
 
10. The efficiency of the Programme shall be evaluated in the light of certain criteria, the principal of which are the following:
10.1. the number of occurrences and incidents related to explosive remnants of war, the number of killed or injured persons, and the scope of damage caused;
10.2. the number of projects aimed at the clearance and prevention of explosive remnants of war;
10.3. the number of drafted and adopted legal acts included in the Plan of Implementing Measures for the Programme for the Clearance and Prevention of Explosive Remnants of War;
10.4. the amount of regularly submitted information, as accurate as possible, on polluted or potentially polluted territories;
10.5. the scope of performed work of clearance and prevention of explosive remnants according to the area of territories cleared (in hectares).
 
V. PROGRAMME IMPLEMENTATION AND FUNDING
 
11. The Government of the Republic of Lithuania shall approve the Plan of Implementing Measures for the Programme for the Clearance and Prevention of Explosive Remnants of War.
12. The implementation of the Programme shall be funded from the resources of the state budget of the Republic of Lithuania and from the resources of budgets of municipalities taking part in its implementation. Other resources coming from the Republic of Lithuania or other countries, international organisations and foundations, legal persons or private individuals may be used as well.
13. The Programme shall be implemented during the period from 2007 to 2018.
 
VI. THE RESULTS OF PROGRAMME IMPLEMENTATION
 
14. Once this Programme is implemented:
14.1. information, as accurate as possible, about polluted or potentially polluted territories, occurrences and incidents related to explosive remnants of war, killed or injured persons and the damage caused, will be submitted;
14.2. The maps of pollution of territories with explosive remnants of war will be compiled;
14.3. A study to determine the level of danger of a territory and the means of organization and funding of the works of clearance and prevention of explosive remnants of war will be conducted;
14.4. Standard procedures for the performance of works of clearance and prevention of explosive remnants of war will be laid down;
14.5. Legal acts included in the Plan of Implementing Measures for the Programme for the Clearance and Prevention of Explosive Remnants of War will be drafted and adopted.
14.6. The priorities of the organization of works of clearance and prevention of territories polluted by explosive remnants of war will be set;
14.7. Works of clearance and prevention of explosive remnants of war will be performed.
 
––––––––––––––––
 
 
APPROVED by
Resolution No 446 of the
Government of the Republic of Lithuania
of 18 April 2007
 
 
THE PLAN OF IMPLEMENTING MEASURES FOR THE PROGRAMME FOR THE CLEARANCE AND PREVENTION OF EXPLOSIVE REMNANTS OF WAR
 
 
Tasks
Measure description
Responsible body
Deadline for execution
1. To examine and evaluate the threat posed by explosive remnants of war;  
1.1. To inform the Ministry of National Defence about the territories polluted with explosive remnants of war, including the territorial waters of the Republic of Lithuania and the territories of past Soviet military bases, as well as about the incidents related to explosive remnants of war, killed or injured persons and the damage caused
County governors, municipalities, Fire and Rescue Department under the Ministry of the Interior of the Republic of Lithuania
Regularly
 
1.2. To collect, analyse, document and archive received information and archive materials on territories polluted with explosive remnants of war  
The Ministry of National Defence
Regularly
 
1.3. On the basis of information collected, to compile the maps of territories polluted with explosive remnants of war  
The Ministry of National Defence
4th quarter of 2007; Updated regularly  
 
  1.4. To conduct a study which shall contain:   1.4.1. assessment of the risk carried by the territories polluted with explosive remnants of war;   1.4.2. categorisation, based on the risk level, of the territories polluted with explosive remnants of war and indicated on the maps   1.4.3. a provision regarding the monitoring of the status and changes of the territories polluted with explosive remnants of war, and forecasting further developments   1.4.4. setting of the priorities of marking the territories polluted with explosive remnants of war as well as clearance, removal or destruction of explosive ordnances   1.4.5. Estimation of the cost of the performance of the activities indicated in the study
The Ministry of National Defence
4th quarter of 2008
2. To draft and amend the legislation with the view of mobilising the authorities of the Republic of Lithuania for minimizing the risk posed and the effects of explosive remnants of war and for related activities
2.1. To draft and adopt the Description of the Procedure of the Submission of Information About the Danger of the Territories Polluted with Explosive Remnants of War to the Civilian Population which shall lay down such measures as marking of the territories polluted with explosive remnants of war with warning signs as well as other measures of general prevention that would help to avoid or minimise the danger posed by such a territory  
The Ministry of National Defence, the Fire and Rescue Department under the Ministry of the Interior, county governors, municipalities
3rd quarter of 2008
 
2.2. To develop and approve the methodology for the definition of the risk categories of the territories polluted with explosive remnants of war
The Ministry of National Defence, the Fire and Rescue Department under the Ministry of the Interior, county governors, municipalities
4th quarter of 2008
 
2.3. To amend the Instructions for the Guidelines of Neutralisation of Standard Explosive Ordnances and for Carrying Out Simulations of Explosions, approved by Order No V-606 of the Commander of the Lithuanian Armed Forces of 6 May 2006, as well as to amend the Security Rules for Mine-Clearance approved by Order No 63 of the Department of National Defence of 4 May 1991
Armed Forces of Lithuania
3rd quarter of 2008
 
2.4. To draft and approve the Safety Rules for the Territories Polluted with Explosive Remnants of War in Which Mine-clearance Is Carried Out  
The Police Department under the Ministry of the Interior, the Fire and Rescue Department under the Ministry of the Interior, the Armed Forces of Lithuania
1st quarter of 2008
 
2.5. To draft and approve the Description of the Procedure of Neutralisation of Explosive Charges
The Ministry of National Defence, the Fire and Rescue Department under the Ministry of the Interior, the Police Department under the Ministry of the Interior
1st quarter of 2008
 
2.6. Amend the Procedure of the Prevention of Emergencies in the Republic of Lithuania, approved by the Resolution No 109 of the Government of the Republic of Lithuania of 1 February 2000 (Valstybės žinios (Official Gazette) No 12‑298, 2000)  
The Ministry of National Defence, the Fire and Rescue Department under the Ministry of the Interior
2nd quarter of 2008
 
2.7. To draw up and approve annual plans for mine-clearance works in the territories polluted with explosive remnants of war  
The Ministry of National Defence
2009‑2018
3.To pursue the clearance of the territories polluted with explosive remnants of war (in conformity with the findings of the study indicated in point 1.4. of this plan and according to the provisions of the relevant legal acts to be drafted and adopted and the annual plans to be approved, as provided for in point 2 of this plan)
3.1. To mark the territories polluted with explosive remnants of war and to implement other measures of explosion prevention
County governors, municipalities, the Ministry of National Defence, the Fire and Rescue Department under the Ministry of the Interior  
2009‑2018
3.2. To organize clearance work  
The Ministry of National Defence, the Fire and Rescue Department under the Ministry of the Interior
2009‑2018
4. To cooperate with foreign states, international organisations, also with non-governmental organisations and foundations in order to minimise the risks posed by explosive remnants of war
4.1. To take part in the exchange of scientific and technological knowledge necessary to pursue the clearance of explosive remnants of war, to exchange the experience of experts, to submit, on a voluntary basis, information to the databases of the mines-related activities belonging to the United Nations system, especially information related to the tools and technologies for the clearance of explosive remnants of war
The Ministry of Foreign Affairs, The Ministry of National Defence 
Regularly
4.2. Submit reports on the results of the implementation of the Programme for the Clearance and Prevention of Explosive Remnants of War to international organisations.
 
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