Law on Emergency Response Centre


Published: 0000-00-00

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
 
OFFICIAL TRANSLATION
 
Republic of Lithuania
lAW ON EMERGENCY RESPONSE CENTRE
 
25 May 2004 No. IX-2246
Vilnius
 
 
CHAPTER ONE
GENERAL PROVISIONS
 
Article 1. Purpose of the Law
1. This Law shall establish:
1) the legal status of the Emergency Response Centre under the Ministry of the Interior (hereinafter referred to as the “Centre”), the legal basis and principles of its activities, the tasks, functions, structure and funding of the Centre, control of its activities, the general framework for cooperation with state or municipal institutions, agencies or undertakings and other legal or natural persons as well as other specificities of its activities;
2) the powers, rights, duties and liability of interior service officers of the Centre (hereinafter referred to as the “officers”).
2. This Law has the objective of implementing the provisions of the EU legal acts listed in the Annex.
 
Article 2. Definitions
1. “Single emergency call number 112” (hereinafter referred to as the “number 112”) means a single telephone number determined in the National Telephone Numbering Plan used for reporting any offence, ongoing, planned or committed, any risk to life or limb, health or safety, the environment, material, non-material or other values and, where necessary, for calling the appropriate emergency service.
2. “Place of the emergency” means a place where the circumstances specified in paragraph 1 of this Article have arisen or might arise and/or where emergency assistance must be provided.
3. “Emergency assistance” means immediate action taken by the emergency service within the scope of its competence in response to emergency report. Advice, explanations or instructions given on the phone by a Centre officer who has accepted an emergency call shall also be considered as emergency assistance.
4. “Request for emergency assistance” means any request for emergency assistance received at the Centre through the number 112. A request to provide information or emergency assistance shall not be considered a request for emergency assistance where it is evident that the circumstances reported are not related those specified in paragraph 1 of this Article.
5. “Emergency call” means a connection established with the Centre through the number 112 by means of a publicly available telephone service allowing two-way communication in real time.
6. “Emergency services” means the police, fire and rescue brigades and emergency medical service. Other public and private legal persons may also be considered emergency services where they are summoned to respond to emergency reports subject to the procedure and conditions set out in the laws and other legal acts. 
7. “Emergency report” means a report about the circumstances specified in paragraph 1 of this Article and the need for action at the place of the emergency which is prepared by a Centre officer who has accepted the emergency call and which is addressed to emergency services and, where necessary, supplemented with the data from the information system of the Centre or with other data.
8. “Response to a request for emergency assistance” means action taken by the Centre, including the acceptance of requests for emergency assistance, their assessment, determination of the need for emergency assistance, provision of emergency assistance by telephone, preparation of emergency reports and their transmission to emergency services as well as any further provision of information to such services.
9. Other terms used in Article 7, paragraphs 1 and 2 of Article 8, subparagraph 4 of paragraph 1 of Article 15 and subparagraph 3 of paragraph 1 of Article 16 shall be interpreted within the meaning of the Law on Electronic Communications of the Republic of Lithuania.
 
Article 3. Legal Status of the Centre and Legal Framework for its Activities
1. The Centre shall be a statutory body of the interior.
2. The Centre shall act in conformity with the Constitution of the Republic of Lithuania, the international treaties of the Republic of Lithuania, the present Law, the Statute of the Interior Service as well as other laws and legal acts of the Republic of Lithuania.
 
Article 4. Principles of Activities
The activities of the Centre shall be based on the following principles:
1) the principle of permanent availability of services which means that emergency calls are accepted and handled by the Centre 24 hours a day, including days of rest and holidays;
2) the principle of rapidity which means that the Centre ensures immediate and appropriate response to requests for emergency assistance;
3) the principle of professionalism which means that the assigned tasks and functions are performed by Centre officers who have been specially trained to handle emergency calls and who possess appropriate qualifications.
 
Article 5. Transparency of Activities
1. The Centre shall, without violating individual and public interests protected by the law and in accordance with the procedure established in the laws and other legal acts, inform state and municipal institutions, agencies or undertakings as well as the public about its activities.
2. The Centre may not provide or publish information defined as a state, business, professional, commercial (industrial) or bank secret, except for cases specified by the law. Information received during service shall not be published where it might violate human dignity, honour or safety, the legitimate interests of natural and legal persons or where it might impede the prevention of criminal acts or other violations of the law, their disclosure, or where it might promote crime.
 
Article 6. Cooperation
When performing the tasks assigned to it, the Centre shall cooperate with state and municipal institutions, agencies or undertakings, other legal or natural persons as well as with institutions of other states in accordance with the procedure established in the laws and other legal acts.
 
 
Article 7. Forwarding of Emergency Calls and Overriding the Elimination of the Presentation of Calling Line Identification
All providers of public communications networks and/or providers of publicly available electronic communications services shall ensure the forwarding of emergency calls by their subscribers and/or users to the Centre and shall override the elimination of the presentation of calling line identification in respect of the Centre. The procedure and conditions for forwarding emergency calls to the Centre and overriding the elimination of the presentation of calling line identification in respect of the Centre shall be set out in the legal acts regulating electronic communications activities.
 
Article 8. Provision of Data to Ensure Adequate Response to Requests for Emergency Assistance
1. Emergency services shall provide the Centre with data on the available capacity and facility resources used for responding to emergency reports, the territorial limits of the areas serviced and other data necessary to ensure adequate response to requests for emergency assistance.
2. All providers of public communications networks and/or providers of publicly available electronic communications services shall, in accordance with the procedure and conditions set out in the legal acts regulating electronic communications activities, provide the Centre with caller location information (including traffic data) without the consent of the subscriber or the actual user of electronic communications services.
3. Other state or municipal institutions, agencies or undertakings shall provide the Centre on request with the data necessary to ensure adequate response to requests for emergency assistance. The Centre shall justify such requests.
4. Other public and private legal and natural persons shall provide the Centre, on request and subject to contracts, with the available data necessary to ensure adequate response to requests for emergency assistance.
 
CHAPTER TWO
TASKS AND FUNCTIONS ASSIGNED TO THE CENTRE
 
Article 9. Tasks of the Centre
1. The main task of the Centre is to ensure answering emergency calls and responding to requests for emergency assistance.
2. The Centre may be assigned with other tasks provided for by the laws.
 
Article 10. Functions of the Centre
The Centre shall perform the following functions:
1) answer emergency calls;
2) accept and rapidly assess requests for emergency assistance and determine the need for such assistance;
3) provide emergency assistance by telephone within the scope of its competence;
4) transmit emergency reports to appropriate emergency services;
5) provide emergency assistance by telephone until the arrival of emergency services;
6) notify, where necessary, other interested legal and/or natural persons of the circumstances specified in paragraph 1 of Article 2 which have arisen or may arise;
7) ensure proper operation of the information system of the Centre and protection of processed data;
8) submit, in accordance with the procedure established by the Government or an institution authorised by it, information about the areas serviced by the regional divisions of the Centre to the providers of public communications networks and/or providers of publicly available electronic communications services;
9) introduce technical and software solutions enabling to reduce the time of response to requests for emergency assistance;
10) subject to the procedure and conditions set out in the laws and where necessary for the performance of the prescribed tasks, process personal and other data by automatic and non-automatic means;
11) implement measures intended to reduce the number of false requests for emergency assistance;
12) participate, within the scope of its competence, in the management of emergencies;
13) provide, subject to the procedure and conditions set out in the laws and other legal acts, information in the possession of the Centre to emergency services and other state and municipal institutions, agencies or undertakings;
14) perform other functions set forth by the law.
 
CHAPTER THREE
COMPETENCE OF THE CENTRE IN RESPONDING TO REQUESTS FOR EMERGENCY ASSISTANCE
 
Article 11. Competence of the Centre in Responding to Requests for Emergency Assistance
1. Where possible, the Centre shall provide emergency assistance by telephone without transmitting an emergency report to emergency services.
2. Where it is determined that emergency assistance must be provided by emergency services, the Centre shall transmit an emergency report to appropriate emergency services according to the algorithms (information schemes) supplied by such services and shall provide, where necessary, emergency assistance by telephone until the arrival of the said services at the place of the emergency.
3. After having received the emergency report, emergency services must, in accordance with the procedure established by the legal acts regulating their activities, respond to the said report and provide emergency assistance at the place of the emergency within the scope of their competence.
4. The Centre shall supply emergency services with the available information about any change of situation at the place of the emergency as well as any other information which would help the said services to provide emergency assistance efficiently or utilise their capacity and facility resources used for responding to emergency reports in a more rational way.
5. Emergency services shall inform the Centre about the results of provided emergency assistance.
6. The Centre shall not be liable for any damage to property or non-pecuniary damage (losses) suffered by emergency services when responding to inaccurate emergency reports where such reports were prepared on the basis of false or misleading requests for emergency assistance.
 
CHAPTER FOUR
ESTABLISHMENT, REORGANISATION AND LIQUIDATION OF THE CENTRE, ITS STRUCTURE, MANAGEMENT AND PERSONNEL
 
Article 12. Establishment, Reorganisation and Liquidation of the Centre
The Centre shall be established, reorganised and liquidated by the Government in accordance with the procedure set out in the laws and other legal acts. The Government or an institution authorised by it shall approve the structure and regulations of the Centre.
 
Article 13. Management
1. The Centre shall be headed by a director. The director shall be appointed and dismissed by the Minister of the Interior.
2. The director of the Centre shall:
1) head the Centre and bear direct responsibility for the performance of the tasks and functions assigned to the Centre;
2) represent or authorise Centre officers or other public servants to represent the Centre in the Republic of Lithuania and abroad;
3) approve the structure and regulations of the divisions of the Centre, its internal procedure rules, plans of activities and other internal documents as well as the list of positions of its officers, other public servants and employees working under employment contracts, their job descriptions and job instructions;
4) in accordance with the procedure established in the laws and other legal acts, give incentives to and impose official and disciplinary sanctions on Centre officers, other public servants and employees working under employment contracts;
5) report to the Minister of the Interior on the activities of the Centre;
6) perform other functions conferred upon him by the laws and other legal acts.
3. The Minister of the Interior shall, on the proposal from the director of the Centre, appoint and dismiss the deputies of the director.
 
Article 14. Personnel
1. The personnel of the Centre shall be composed of officers, other public servants and employees working under employment contracts.
2. Service relations between officers shall be governed by the Statute of the Interior Service as well as by the laws and other legal acts regulating the activities of interior agencies.
3. The service of other public servants working at the Centre shall be governed by the Law on Public Service and other legal acts. The provisions of subparagraph 2 of paragraph 3 of Article 7 and paragraph 2 of Article 11 of the Statute of the Interior Service shall also apply to the said public servants.
4. The activities of employees working under employment contracts shall be governed by the legal acts regulating labour relations.
 
CHAPTER FIVE
RIGHTS AND DUTIES OF CENTRE OFFICERS
 
Article 15. Rights of Centre Officers
1. A Centre officer shall have the following rights:
1) to request additional information from the person requesting emergency assistance about the circumstances which have arisen;
2) to refuse emergency assistance or to refuse transmitting an emergency report to emergency services where its is determined that the received request cannot be considered a request for emergency assistance;
3) to request, within the scope of his competence, that emergency services submit information about the results of provided emergency assistance at the place of the emergency;
4) to receive, in accordance with the procedure established in the legal acts, from providers of public communications networks and/or providers of publicly available electronic communications services, emergency services, other state and municipal institutions, agencies or undertakings as well as other legal and natural persons the available data necessary for responding rapidly to requests for emergency assistance.
2. A Centre officer shall also have the rights granted by other laws and legal acts.
 
Article 16. Duties of Centre Officers
1. In addition to the general duties specified in paragraph 9 of Article 3 of the Statute of the Interior Service, a Centre officer shall also have the following duties:
1) to adequately assess requests for emergency assistance, to provide, where possible, emergency assistance by telephone or transmit an emergency report to appropriate emergency services and provide, where necessary, emergency assistance until the arrival of emergency services;
2) to inform, where necessary, other interested legal and/or natural persons about the circumstances specified in paragraph 1 of Article 2 which have arisen or might arise;
3) to resort to every possible measure provided for by the law in order to establish those persons who impede the work of the Centre officers receiving 112 emergency calls by making false, nuisance or malicious calls and forward such information to relevant state institutions as well as to providers of public communications networks and/or providers of publicly available electronic communications services;
4) to ensure, within the scope of his competence, that the data stored in the information system of the Centre are true and safe;
5) to use the data stored in the information system of the Centre only for service purposes.
2. A Centre officer shall also perform the duties conferred upon him by other laws and legal acts.
 
Article 17. Liability of Centre Officers
1. A Centre officer shall be personally liable for his own acts, decisions and their consequences as well as for the acts and decisions of persons subordinate to him under respective authorisations and within the framework of his competence and for their consequences.
2. A Centre officer shall not be relieved from liability in the event that he follows illegitimate orders or instructions.
 
 
CHAPTER SIX
FUNDING OF THE CENTRE AND CONTROL OF ACTIVITIES
 
Article 18. Funding of the Centre
1. The Centre shall be financed from the state budget of the Republic of Lithuania.
2. The Centre may be also financed from other funds received in accordance with the procedure established in the legal acts.
 
Article 19. Control of Activities
The activities of the Centre shall be controlled and supervised by the Minister of the Interior and other authorised state institutions in accordance with the procedure established in the laws and other legal acts.
 
CHAPTER SEVEN
FINAL PROVISIONS
 
Article 20. Proposition to the Government
The Government shall draft and approve the procedure of use of common emergency call numbers during the period of their replacement by the number 112 as well as other legal acts relating to the implementation of this Law.
 
Article 21. Entry into Force
This law, except for Article 20, shall enter into force on 1 September 2004.
 
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
 
 
 
 
 
ACTING PRESIDENT OF THE REPUBLIC                        ARTŪRAS PAULAUSKAS
 
 
 
Annex to
Republic of Lithuania
Law on Emergency Response Centre
 
 
 
EU LEGAL ACTS IMPLEMENTED BY the Law on EMERGENCY RESPONSE CENTRE
 
 
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 (Universal Service Directive).
2. 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 (Directive on privacy and electronic communications).
3. Commission Recommendation of 25 July 2003 on the processing of caller location information in electronic communication networks for the purpose of location-enhanced emergency call services (2003/558/EC).