Amending resolution No 1117 of the Government of the Republic of Lithuania of 15 September 1998 on the Approval of the Regulations of the Ministry of Transport and Communications of the Republic of Lithuania


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Official translation
GOVERNMENT OF THE REPUBLIC OF LITHUANIA
 
RESOLUTION No 1233
 
of 17 November 2005
 
AMENDING RESOLUTION NO 1117 OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA OF 15 SEPTEMBER 1998 ON THE APPROVAL OF THE REGULATIONS OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF LITHUANIA
 
 
Vilnius
 
 
The Government of the Republic of Lithuania has r e s o l v e d:
To amend the Regulations of the Ministry of Transport and Communications of the Republic of Lithuania approved by Resolution No 1117 of the Government of the Republic of Lithuania of 15 September 1998 on the Approval of the Regulations of the Ministry of Transport and Communications (Valstybės žinios (Official Gazette) No 83-2324, 1998; No 15-579, No 66-2715, 2002; No 10-355, 2003; No 34-1098, No 152-5547, 2004) and formulate a revised version thereof (as appended).
 
 
 
Prime Minister                                                                                 Algirdas Brazauskas
 
 
Minister of Transport and Communications                                   Petras Čėsna
 
 
 
APPROVED by
Resolution No 1117 of the Government of the Republic of Lithuania
of 15 September 1998
(as amended by Resolution No 1233
of 17 November 2005)
 
 
 
 
REGULATIONS OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF LITHUANIA
 
 
 
I. GENERAL PROVISIONS
 
1. The Ministry of Transport and Communications of the Republic of Lithuania (hereinafter referred to as “the Ministry of Transport and Communications”) shall be an executive authority of the Republic of Lithuania.
The Ministry of Transport and Communications shall be authorized by laws and other legal acts to perform the functions of administration in the areas of transport (air, water, railway, and road transport), post and electronic communications and implement the State policy in these areas.
2. The activities of the Ministry of Transport and Communications shall be governed by the Constitution of the Republic of Lithuania, the laws of the Republic of Lithuania, other legal acts adopted by the Seimas of the Republic of Lithuania, international agreements concluded with the Republic of Lithuania, decrees promulgated by the President of the Republic of Lithuania, resolutions adopted by the Government of the Republic of Lithuania, ordinances issued by the Prime Minister, other legal acts, as well as the present Regulations.
The activities of the Ministry shall be organised in conformity with the strategic action plans that are approved and publicly announced by the Government of the Republic of Lithuania and developed in line with the Programme of the Government of the Republic of Lithuania, which shall be approved by the Seimas of the Republic of Lithuania and comply with the Long-Term Development Strategy of the State.
3. The Ministry of Transport and Communications shall be a legal person and shall have a bank account as well as a seal bearing the national emblem of Lithuania and the name of the Ministry. The Ministry is based at the following address: Gedimino pr. 17, Vilnius, Republic of Lithuania.
4. The Ministry of Transport and Communications shall be a budgetary institution financed from the State budget of the Republic of Lithuania.
 
II. GOALS AND FUNCTIONS OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS
 
5. The Ministry of Transport and Communications shall have the following principal goals:
5.1. to implement State strategies and policies in the areas of the transport, post and electronic communications;
5.2. to establish the major development directions for the areas of the Lithuanian transport, post and electronic communications;
5.3. to coordinate activities in the areas of transport, post and electronic communications;
5.4. to take part in the development of the traffic safety policy for all modes of transport;
5.5. to take part in the development of the policy on the reduction of negative environmental impacts of transport areas;
5.6. to fulfil the requirements of European Union legislation in the areas of transport, post and electronic communications;
5.7. to take part in the preparation of strategic documentation for receiving support from the European Union funds, take decisions, within its competence, on the financing of projects, and supervise the use of the European Union funds.
6. Implementing the goals assigned to it, the Ministry of Transport and Communications shall:
6.1. coordinate the development of the State investment programmes in the areas of transport and post, assess the programmes from the economic and financial perspective, and control implementation thereof;
6.2. draft laws and other legal acts concerning the issues within the competence of the Ministry; harmonize them with European Union law and relevant rules of international law; formulate, within its competence, positions of the Republic of Lithuania on EU legislative proposals (and other EU documents, if appropriate) and submit them to the Government of the Republic of Lithuania; present the positions in question in meetings of the working groups and committees of the EU Council and the European Commission; within its competence, conduct the transposition of European Union law (the acquis communautaire) into national law and implementation thereof;
6.3. encourage, within its competence, the advancement of innovations and take part in the development of target research programmes;
6.4. cooperate, within its competence, with relevant foreign institutions and international organizations, represent the Republic of Lithuania therein, and draft international agreements that fall within the competence of the Ministry;
6.5. represent the State, in accordance with the established procedure, in exercising the rights stemming from its share ownership in public and private companies; establish or take part in establishing of public agencies and exercise the rights and obligations of the shareholder or the owner of a public agency; perform functions, in whole or in part, of the founder of the bodies under the Ministry; exercise the rights and obligations of the owner of the public enterprises assigned to the regulation area of the Ministry;
6.6. take part, within its competence, in the development and implementation of European Union policies, regional policies of the Baltic Sea States in the areas of transport, post and electronic communications, and represent the interests of the Republic of Lithuania in European Union institutions;
6.7. coordinate, within its competence, the activities related to the development of multimodal transport and public logistic hubs;
6.8. ensure the planning and supervision of the use of co-financing funds and the funds received from the European Union Structural Funds, the European Union Cohesion Fund as well as other financial support of the European Union given to the transport sector, and take part in the activities of the institutional bodies established for this purpose; perform other functions of an intermediary institution related to administration of European Union aid funds in the transport sector;
6.9. approve the normative documents of structure safety and purpose (concerning the purpose of the structures and transport safety) related to construction research, engineering, construction, approval on the use and use of communication structures and buildings;
6.10. together with inspecting State institutions, take part in establishing of the procedure for crossing the border of the Republic of Lithuania and transit through the territory of the Republic of Lithuania, as well as in drafting the plans of border control posts development and implementation thereof;
6.11. develop and implement measures aimed at the reduction of negative environmental impacts of transport areas; conduct noise control; within its competence, implement preventive measures against noise;
6.12. in compliance with the procedure established by laws, develop the policy of prices and tariffs for the services in the transport and post areas as well as of charges for the use of the transport infrastructure;
6.13. develop State strategies, plans, long-term and target State programmes in the areas of transport, post and electronic communications or take part in their development, organize and control their implementation, and, within its competence, take part in the implementation of the strategies and programmes prepared by other institutions;
6.14. take part in the elimination of the after-effects of natural disasters and accidents as well as the organisation of search and rescue activities, organise investigation and record of traffic accidents (except for road transport) and analyse their causes;
6.15. perform functions of the supervising institution for the maintenance of the registers of vehicles (except for road transport, tractors, self-propelled and agricultural machinery as well as their trailers) in accordance with the established procedure;
6.16. issue licences for the carriage of passengers and goods on local and international routes according to the procedure established by the Government of the Republic of Lithuania; within its competence, control licensed transport activities;
6.17. coordinate information and communications technology projects that are being developed and introduced, the interoperability of information and communications technologies networks and systems, reach an agreement on information and communications technology projects prepared by the public enterprises assigned to the regulation area of the Ministry of Transport and Communications and by institutions under the Ministry;
6.18. carry out, within its competence, the public administration related to civil aviation, road, inland waterway transport, merchant shipping and the carriage of dangerous goods;
6.19. announce that the airport has timetables to be agreed on or is coordinated, appoint the coordinator of the airport timetables or the slot coordinator of the airport, and establish a slot coordination committee of the airport;
6.20. establish the conditions and procedure for the carriage of passengers, goods, luggage, mail and dangerous goods by air, road, railway and inland waterway transport;
6.21. carry out the public administration of maritime safety;
6.22. perform, within its competence, the functions of the contracting government laid down in the International Ship and Port Facility Security Code;
6.23. organize the management of State sea ports;
6.24. ensure the timely responding to marine pollution incidents by oil and other hazardous substances;
6.25. set the procedure, frequency, and technical requirements for the official vehicle roadworthiness test, the requirements for the use of recording equipment of work and rest periods and speed limitation devices, as well as the procedure for the conformity assessment of vehicles and their components;
6.26. establish the procedure for the use and issue of the European Conference of Ministers of Transport multilateral quota of licences for the international carriage of goods by road vehicles;
6.27. approve the procedure for the compensation of losses of road passenger transport carriers incurred by the provision of the necessary road transport services to the public and for the use of passenger carriage data sheets;
6.28. conclude public service contracts with railway companies (carriers) in accordance with the established procedure;
6.29. examine the complaints of railway companies (carriers) related to the decisions taken by the public railway infrastructure manager on the regulations of the public railway infrastructure network, allocation of the public railway infrastructure capacity, charging scheme for the use of the public railway infrastructure, the amount or structure of the charge;
6.30. in cases of force majeure, situations of extreme emergency or other emergencies, with a view to preparing for general mobilisation, national defence and ensuring national security and public order, and in accordance with the procedure set forth by laws and other legal acts, provide compulsory instructions, set tasks and place orders to providers of postal and courier services;
6.31. coordinate operations of the electronic communications used for ensuring national defence, security and public order, guarding of the State border, ensuring maritime safety, carrying out maritime search and rescue operations, responding to oil spills, ensuring civil aviation, train traffic safety and stable and reliable operations of the energy system, which are regulated by respective State institutions within their competence;
6.32. in accordance with the procedure laid down by laws and other legal acts, give compulsory instructions, set tasks and place orders for economic entities that provide electronic communications networks and/or services, owners or users of the equipment to protect and maintain electronic communications networks, interconnect them and, if appropriate, restrict the public access to the networks in cases of force majeure, situations of extreme emergency or other emergencies, with a view to preparing for general mobilisation, national defence, ensure national security and public order;
6.33. set, within its competence, the priorities for the maintenance of public communications networks and public electronic communications services in cases of a catastrophic network breakdown or force majeure, as well as in situations of extreme emergency or other emergencies, to maintain the highest level of service provision;
6.34. coordinate projects of intelligent transport systems and introduction thereof;
6.35. organise, within its competence, the adjustment of the information environment for the disabled;
6.36. collect and systematise legal, economic, ecological, technological, commercial and other information, necessary for the regulation of the activities area of the Ministry;
6.37. in the event of a state of war or a state of emergency, a danger of war, natural disasters or other emergencies, in accordance with the powers given by the State Defence Council, the Government of the Republic of Lithuania and the Commission for Emergency Situations, regulate the activities of transport, post and electronic communications, and issue orders that shall be binding on all non-military entities in the area of transport, post and electronic communications;
6.38. take part in investigation of and maintain records on accidents which involved the carriage of dangerous goods and resulted in big losses;
6.39. produce and submit the procedure for the control of the carriage of goods by road, railway and inland waterway transport to the Government of the Republic of Lithuania; approve the procedure for the appointment of specialists in safety of the carriage of dangerous goods in all companies whose activities include the carriage of dangerous goods;
6.40. together with the Ministry of Economy and the Ministry of Environment, approve the requirements for fuel composition and quality;
6.41. take charge for the organisation of civil protection in accordance with the nature of activities assigned to the Ministry and within its competence;
6.42. provide information to the public on activities of the Ministry related to the issues falling within the its competence;
6.43. in accordance with the established procedure, examine applications, complaints and proposals submitted by citizens and other persons, and take the necessary measures to deal with the issues that are raised therein;
6.44. perform other functions provided for by laws and resolutions of the Government of the Republic of Lithuania.
 
 
III. RIGHTS OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS
 
7. The Ministry of Transport and Communications, in implementing the tasks assigned to it, shall have the right:
7.1. to obtain information from ministries and other governmental institutions, municipal institutions, science and research institutions, associations, enterprises, institutions and organisations about all the issues related to transport, post, and electronic communications activities, as well as conclusions on the laws drafted by the Ministry, resolutions of the Government of the Republic of Lithuania and other legislative proposals;
7.2. to form commissions (task forces) of representatives and specialists (with approval of their heads) of ministries and other governmental institutions, executive institutions of municipalities, institutions and organisations in order to draft laws, resolutions of the Government of the Republic of Lithuania and international agreements, and examine other issues within the competence of the Ministry;
7.3. to involve representatives and specialists (with approval of their heads) from ministries and other governmental institutions, executive institutions of municipalities, institutions and organisations in the consideration of draft laws and resolutions of the Government of the Republic of Lithuania;
7.4. within its competence, to control the activities (except for economic and commercial activities) of transport entities of all types of ownership; to demand the elimination of the established violations;
7.5. according to the established procedure, to organise competitions and tenders, hold meetings, conferences and other events;
7.6. within its competence, to conclude contracts and agreements with legal persons of the Republic of Lithuania and of foreign states.
8. The Ministry of Transport and Communications shall have other rights granted to it by laws and resolutions of the Republic of Lithuania as well.
 
 
IV. ORGANISATION OF ACTIVITIES OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS
 
9. The Ministry of Transport and Communications shall be headed by a Minister who shall be appointed and dismissed by the President of the Republic of Lithuania on the recommendation of the Prime Minister according to the Constitution of the Republic of Lithuania.
Only another member of the Government of the Republic of Lithuania appointed by the Prime Minister may temporarily act as the Minister of Transport and Communications. The Acting Minister shall not perform functions provided for in paragraphs 11.8, 11.10 and 11.12 of the present Regulations.
10. The Minister of Transport and Communications, responsible for the areas of transport, post and electronic communications administration assigned to him, shall be accountable to the Seimas of the Republic of Lithuania, the President of the Republic, and directly subordinate to the Prime Minister.
11. The Minister of Transport and Communications shall:
11.1. deal with the issues falling within the competence of the Ministry and be directly responsible for the implementation of the Programme of the Government of the Republic of Lithuania within the remit of the Ministry; within its competence, represent the Government of the Republic of Lithuania and present positions of the Republic of Lithuania on EU legislative proposals to the Transport, Telecommunications and Energy Council;
11.2. ensure the implementation of laws, international agreements of the Republic of Lithuania, decrees of the President of the Republic, resolutions of the Government of the Republic of Lithuania, ordinances of the Prime Minister and other legal acts;
11.3. according to the procedure established by the Rules of Procedure of the Government of the Republic of Lithuania, submit draft laws and other legislative proposals to the Government of the Republic of Lithuania;
11.4. ensure the implementation of orders of the Government and the Prime Minister of the Republic of Lithuania;
11.5. issue orders and supervise implementation thereof. The orders shall be signed by the Minister. If appropriate, the Minister shall issue joint orders with other ministers;
11.6. submit to the Government of the Republic of Lithuania annual reports on the activities of the Ministry concerning the implementation of the Programme of the Government of the Republic of Lithuania and the means of its implementation as well as the implementation of strategic action plans of the Ministry; account for their activities at the request of the Prime Minister;
11.7. submit draft Regulations of the institutions under the Ministry for the approval of the Government of the Republic of Lithuania, approve the Regulations of the institutions under the Ministry by order of the Government of the Republic of Lithuania;
11.8. approve the administrative structure of the Ministry and the list of positions without exceeding the funds designated for salaries;
11.9. approve the Regulations of the administrative subdivisions of the Ministry;
11.10. according to the procedure established by the Law on Public Service of the Republic of Lithuania (Valstybės žinios (Official Gazette), No 66-2130, 1999; No 45-1708, 2002) appoint and dismiss public servants of the Ministry and heads of institutions under the Ministry;
11.11. coordinate and control the activities of the subdivisions of the Ministry and the activities of the institutions under the Ministry through heads of these institutions;
11.12. establish the areas of administration of the State Secretary of the Ministry and Secretaries of the Ministry;
11.13. perform other functions provided for by laws and resolutions of the Government of the Republic of Lithuania.
12. The Minister’s public servants of political (personal) confidence, i.e. a Vice-Minister, an Adviser (Advisers) to the Minister, a Spokesperson of the Minister, and other Minister’s public servants of political (personal) confidence shall assist the Minister in establishing the political line and priorities, making and implementing decisions.
13. The Vice-Minister shall:
13.1. control the conformity of the legal acts and programmes drafted by the Ministry with the Minister’s political line in the area of administration assigned to the Minister;
13.2. coordinate the activities of the Minister’s public servants of political (personal) confidence;
13.3. by order of the Minister, represent the Minister by presenting and explaining the political line and decisions of the Minister to the public, to the committees of the Seimas of the Republic of Lithuania, and at the sittings of the Government of the Republic of Lithuania;
13.4. participate in reaching the agreement on legal acts and programmes drafted by the Ministry with the institutions concerned;
13.5. perform other functions assigned to him by the Minister.
14. The Ministry of Transport and Communications shall have its administration that shall be headed by the State Secretary of the Ministry.
The administration of the Ministry of Transport and Communications shall be composed of departments, divisions and other units.
The Government of the Republic of Lithuania may establish departments, control and accountancy offices and inspectorates under the Ministry.
15. The State Secretary of the Ministry shall be a career public servant, directly subordinate to the Minister. The State Secretary of the Ministry shall:
15.1. coordinate and control the activities of the administrative divisions of the Ministry, ensure the optimum management and use of financial, tangible, intellectual and information resources during the process of implementation of the strategic action plans;
15.2. control the administrative and economic activities of the Ministry;
15.3. organise and coordinate drafting and implementation of the strategic action plans of the Ministry;
15.4. coordinate the implementation of orders of the Prime Minister of the Republic of Lithuania and the Government of the Republic of Lithuania, in compliance with the strategic action plans of the Ministry and the measures for the implementation of the Programme of the Government of the Republic of Lithuania, ensure the consistency of the decisions drafted by the Ministry;
15.5. coordinate and control the drafting and implementation of legal acts and programmes; within his competence, issue decrees;
15.6. organise the drafting of the regulations of the administration of the Ministry, regulations of the subdivisions of the Ministry, list of positions of public servants, descriptions of positions, and orders of the Minister;
15.7. by order of the Minister, in compliance with the procedure established by the Law on Public Service, appoint and dismiss public servants of the administration of the Ministry;
15.8. keep the seal of the Ministry and be responsible for the use of the seal;
15.9. perform other functions assigned to him by the Minister.
16. Secretaries of the Ministry shall be career civil servants directly subordinate to the State Secretary of the Ministry and accountable to the Minister. In the areas of administration indicated by the Minister, the Secretaries of the Ministry shall:
16.1. organise and control the drafting and implementation of the programmes that meet the strategic objectives of the Ministry and the provisions of the Programme of the Government of the Republic of Lithuania;
16.2. organise the drafting and harmonization of the legal acts that are in compliance with the strategic objectives of the Ministry and the provisions of the Programme of the Government of the Republic of Lithuania;
16.3. organise and control the implementation of orders of the Prime Minister of the Republic of Lithuania, the Government of the Republic of Lithuania, the Minister, and the State Secretary of the Ministry;
16.4. within their competence, ensure the implementation of the enacted legal acts;
16.5. perform other functions assigned to them by the Minister.
17. A Board shall be formed within the Ministry of Transport and Communications, which shall act as an advisory institution to the Minister. The members of the Board shall be the Minister (the Chairman of the Board), the Vice-Minister, the State Secretary of the Ministry, and the Secretaries of the Ministry. The Board may also include other representatives of the Ministry and other institutions.
The Minister shall determine the number of members of the Board of the Ministry of Transport and Communications, and approve the composition and the rules of procedure of the Board. The Minister shall also submit issues for consideration to the Board.
 
 
V. ADMISSION OF PUBLIC SERVANTS AND PAYMENT OF THEIR SALARIES
 
18. The Law on Public Service of the Republic of Lithuania, the Labour Code of the Republic of Lithuania (Valstybės žinios (Official Gazette) No 64-2569, 2002), other laws and legal acts shall establish the procedure and conditions for the recruitment of public servants and employees and payment of their salaries.
 
 
VI. CONTROL OF FINANCIAL ACTIVITIES
 
19. Authorised State institutions and agencies and the Internal Audit Service of the Ministry shall exercise the control of the financial activities of the Ministry of Transport and Communications in compliance with the procedure set forth by legal acts.
 
 
 
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