Key Benefits:
THE IMPLEMENTATION OF THE PROVISIONS
OF REGULATION (EC) NO. 1005/2009 OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL OF 16 SEPTEMBER 2009
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
18 May 2011
Vilnius
With a view to ensuring the implementation of the provisions of Regulation (EC) No. 1005/2009 of the European Parliament and the Council of 16 September 2009 on substances that deplete the ozone layer (OJ 2009 L 286, p.1) (hereinafter referred to as the Regulation), the Government of the Republic of Lithuania has resolved:
1. To appoint the Ministry of Environment as a competent authority, which would carry out competent authority functions prescribed by the Regulation for the purpose of the implementation of its provisions, in cooperation with other public authorities under this Resolution.
2. To establish that:
2.1. Undertakings that wish to benefit from exemptions for production, placing on the market, use and export of substances that deplete the ozone layer (hereinafter referred to as ODS), as well as products and equipment containing or relying on those substances (hereinafter referred to as controlled equipment) under Article 10(7) and Article 10(8), Article 11(8), Article 12 (3), Article 13(4), Article 14(2), Article 17(3) of the Regulation, shall apply to the Ministry of Environment. The Ministry of Environment shall verify the compliance of the exemption request from an undertaking with the requirements applicable under the Regulation and the provisions of the Montreal Protocol on substances that deplete the ozone layer. An undertaking may benefit from exemptions as listed below:
2.1.1. for the production of controlled substances under Article 10(7), Article 10(8), and Article 14(2) of the Regulation – provided there is a favourable decision by the Minister of the Environment specifying the permitted quantities of the production, expiry dates and other conditions required by the Regulation and the Montreal Protocol, following the procedure prescribed in the legal act referred to in Article 4 (1)(5)(1) of this Resolution;
2.2. As of 1 September 2011, storing halons for critical uses under the Regulation shall be entrusted only to those undertakings that are in compliance with the requirements of the Ministry of Environment.
2.3. Except cases referred to in Articles 2(4) and 2(6) of this Resolution, the head of the undertaking or the authorized person shall ensure that, as of 1 November 2012, personnel involved in installing, inspecting, maintenance, servicing or dismantling of the ODS-containing fire-protection equipment (fire protection systems and fire extinguishers) and whose activities may have an impact on ODS release from the equipment, and who recover ODS from the equipment and/or recycle ODS, should meet the qualification requirements established by the Minister of Environment and should hold qualification certificates entitling them to carry out the type of activity specified in this subparagraph. The undertaking must keep copies of the qualification certificates of the personnel specified in this subparagraph. The personnel specified in this subparagraph shall meet the following requirements:
2.3.1. for carrying out the activities under Article 2(3) of this Resolution, newly recruited personnel that have been enrolled in appropriate practical skills training, may work for a period of one year from the date of the recruitment under the supervision of another employee holding qualification certificate specified in Article 2(3) of this Resolution.
2.3.2. qualification requirements shall not apply to students and trainees placed under the supervision of the trainer or trained employee.
2.3.3. nationals of other European Union Member States, other natural persons that are entitled by EU legislation to the right of movement in the Member States, may carry out activity specified in Article 2(3) of this Resolution, provided they hold a document issued by a Member State enabling them to carry out the specified types of activity.
2.4. Individuals awarded with certificates of the completion of the training programme for personnel involved in the activities with fixed fire protection systems and fire extinguishers containing fluorinated greenhouse gases or ODS (state code 260052406), shall be deemed to be compliant with the requirements under Article 2(3) of this Resolution.
2.5. Personnel of the undertakings involved in ODS reclamation, destruction of these substances and the controlled equipment, as well as in ODS waste management, shall comply with the requirements for hazardous waste managers provided for in the Law of the Republic of Lithuania on Waste Management.
2.6. Personnel involved in maintenance and servicing of aircraft fire protection systems and fire extinguishers containing or relying on ODS shall be deemed to be compliant with the requirements under Article 2(3) of this Resolution, provided they are in possession of a professional license issued under the procedure prescribed by the Aviation Law of the Republic of Lithuania, or a foreign licence validation certificate entitling to carry out maintenance of the aircraft and its equipment (its components) in the Republic of Lithuania.
3. To grant the powers to the Ministry of Environment for representing the Republic of Lithuania in meetings of the Montreal Protocol on Substances that Deplete the Ozone Layer, and in the Committee operating in accordance with Article 25 of the Regulation (hereinafter referred to as the Committee).
4. To delegate:
4.1. to the Ministry of Environment or its authorized institutions:
4.1.1. within its competence, cooperation with the European Commission (hereinafter referred to as the Commission), the European Union Member States and other competent authorities, collection of data and information required for the purpose of reporting and the execution of the functions designated to competent authorities under the Regulation, and reporting to the Commission as required by the Regulation, and providing the Commission with other information or data collected from other public authorities, undertakings and individuals;
4.1.2. coordination of the implementation of the Regulation, ODS management programmes and plans, in cooperation with other ministries of the Republic of Lithuania and public authorities, provision of advice to the ministries of the Republic of Lithuania and other public authorities on ODS regulatory matters;
4.1.3. taking a decision regarding the production of controlled substances under Article 10(7), Article 10(8) and Article 14(2) of the Regulation, submission of a verified exemption request from an undertaking to the Commission in accordance with Article 11(8), Article 12(3), Article 13(4), Article 17(3) of the Regulation, provided it is compliant with the requirements of the Regulation, the Montreal Protocol and other legislation;
4.1.4. drafting and adopting legislation that regulates:
4.1.4.1. ODS and controlled equipment management (including placing on the market, use, ODS recovery from the equipment, recycling, reclamation, destruction of these substances and equipment and products containing these substances, measures mitigating emissions or releases into the environment, extra labelling of ODS and controlled equipment, where applicable) with a view to promoting, through legal measures, the recovery, recycling, reclamation and destruction of controlled substances;
4.1.4.2. personnel qualification requirements, for the purpose of the implementation of the provisions of the Regulation;
4.1.5. to provide for:
4.1.6. development of a training programme for personnel operating fixed fire protection systems and fire extinguishers containing fluorinated greenhouse gases or ODS, its approval by 1 October 2012 as well as its enactment in accordance with the procedure prescribed by the Ministry of Education;
4.2. to the institutions under subparagraphs 1-6 of Article 4(2) of this Resolution:
4.2.1. within legally prescribed areas of competence, ensuring that ODS and controlled equipment should not be placed on the market or used, except for the cases specified in the Regulation and the legal acts implementing the Regulation:
4.2.1.1. to the Ministry of National Defence – ODS used in military applications and military transport – refrigeration, air-conditioning and heat pump equipment, fire protection systems and fire extinguishers;
4.2.1.2. to the Civil Aviation Authority, the Lithuanian Maritime Safety Administration, the State Railway Inspectorate under the Ministry of Transport and Communications, the State Road Transport Inspectorate under the Ministry of Transport and Communications – decisions on the authorization to operate vehicles with fire extinguishing systems containing or relying on ODS;
4.2.1.3. to the Ministry of Health or its authorized institutions – the use of methyl bromide in the cases of the state of emergency declared in the entire territory or a region of the Republic of Lithuania in accordance with the procedure prescribed by the Law of the Republic of Lithuania on Civil Protection due to the unexpected outbreak of diseases or pests, which cannot be destroyed with the existing authorized biocidal products;
4.2.1.4. to the Fire and Rescue Department under the Ministry of the Interior – the use of ODS in fixed fire protection systems and fire extinguishers;
4.2.1.5. to the State Plant Service under the Ministry of Agriculture – the use of methyl bromide in the cases of the state of emergency declared in the entire territory or a region of the Republic of Lithuania in accordance with the procedure prescribed by the Law of the Republic of Lithuania on Civil Protection due to the unexpected outbreak of diseases or pests, which cannot be destroyed with the existing authorized plant protection products;
4.2.1.6. to the State Food and Veterinary Service – for the use of methyl bromide in the cases of the state of emergency declared in the entire territory or a region of the Republic of Lithuania in accordance with the procedure prescribed by the Law of the Republic of Lithuania on Civil Protection due to the unexpected outbreak of diseases or pests, which cannot be destroyed with the existing authorized biocidal products;
4.2.2. at a written request from the Ministry of Environment, to participate, within their competence, in the evaluation of exemption requests and documentation from undertakings as regards production, placing on the market and use of ODS and controlled equipment, as well as to draw up and submit to the Ministry of Environment conclusions whether the exemption requests from undertakings are founded, with consideration to the feasibility of the available alternatives;
4.2.3. at a written request from the Ministry of Environment, to participate, within their competence, in the activities of the Committee, to represent Lithuania in the events organised by European Union institutions;
4.2.4. if the Commission requires, under the procedure laid down in the Regulation, additional information within the legally prescribed areas of institutional competence, to collect this information and submit it to the Ministry of Environment or directly to the Commission, if it so requires, and a copy to the Ministry of Environment;
4.3. for the purpose of ensuring proper reporting to the Commission, the authorities under subparagraphs 1-5 of the Article 4(3) of this Resolution shall submit the following information to the Ministry of Environment or its authorized institution by 1 March each year:
4.3.1. the Ministry of Defence – information on ODS and controlled equipment used in military applications and military transport, as well as critical use of halon and its alternatives;
4.3.3. the Civil Aviation Authority, the Lithuanian Maritime Safety Administration, the State Railway Inspectorate under the Ministry of Transport and Communications, the State Road Transport Inspectorate under the Ministry of Transport and Communications – information about undertakings and individuals who operate vehicles registered in Lithuania with halon-containing fire protection systems, the available data on the undertakings involved in installation, maintenance, servicing and dismantling of such systems;
4.4. the Ministry of Health or its authorized institution and State Plant Service under the Ministry of Agriculture:
4.5. the Ministry of Health or its authorized institutions:
4.5.1. preventing production, registration and placing on the market of the Republic of Lithuania of ODS-containing medical products, including spraying medicines for respiratory diseases and asthma;
4.6. the Customs Department under the Ministry of Finance:
4.6.1. ensuring the supervision of import and export of ODS and controlled products to prevent the export and import of prohibited materials, products, equipment and goods, and ensuring that authorized import and export of ODS and controlled equipment is licenced in accordance to the procedure prescribed by the Regulation and its implementing documents;
4.7. the State Consumer Rights Protection Authority:
4.8. the Minister of Environment, the Minister of Finance, the Minister of National Defence, the Minister of Transport and Communications, the Minister of Health, the Minister of Economy and the Minister of the Interior – ensuring, within the area of competence, the compliance of the national legislation with the requirements of the Regulation and, where necessary, adopting appropriate legislation and/or amending the existing one.
