On Approval of the Procedure for Provision of Material Resources and Compensation for their Provision and the Procedure for Provision of State Support for Damage Incurred due to an Emergency


Published: 0000-00-00

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GOVERNMENT OF THE REPUBLIC OF LITHUANIA
 
 
 
RESOLUTION NO 1107
 
on approval of the procedure for provision of material resources and compensation for their provision and the procedure for provision of state support for damage incurred due to an emergency
 
 
 
21 July 2010
 
Vilnius
 
 
 
Acting pursuant to Article 9(6) of the Law on Civil Protection (Valstybės žinios (Official Gazette) No 115-3230, 1998; No 159-7207, 2009), the Government of the Republic of Lithuania has r e s o l v e d:
 
1. To approve the following (as appended):
 
1.1. The Procedure for Provision of Material Resources and Compensation for their Provision;
 
1.2. The Procedure for Provision of State Support for Damage Incurred due to an Emergency.
 
2. To repeal:
 
2.1. Resolution No 641 of the Government of the Republic of Lithuania of 14 June 2005 “On Approval of the Procedure for Mobilization of Material Resources and General and Special Purpose Units in Emergencies and the Procedure for Payment of Compensation for Mobilization of Material Resources and General and Special Purpose Units and for Provision of State Support for the Damage and Losses Incurred“ (Valstybės žinios (Official Gazette) No 75-2719, 2005);
 
2.2. Resolution No 1219 of the Government of the Republic of Lithuania of 13 November 2007 “On Supplementing Resolution No 641 of the Government of the Republic of Lithuania of 14 June 2005 on Approval of the Procedure for Mobilization of Material Resources and General and Special Purpose Units in Emergencies and the Procedure for Payment of Compensation for Mobilization of Material Resources and General and Special Purpose Units and for Provision of State Support for the Damage and Losses Incurred“ (Valstybės žinios (Official Gazette) No 120-4901, 2007).
 
 
 
 
 
PRIME MINISTER                                                                                ANDRIUS KUBILIUS
 
 
 
MINISTER OF THE INTERIOR                                                     RAIMUNDAS PALAITIS
 
Approved by
 
Resolution No 1107 of the Government of the Republic of Lithuania of 21 July 2010
 
 
 
THE PROVEDURE FOR PROVISION OF MATERIAL RESOURCES AND COMPENSATION FOR THEIR PROVISION
 
 
 
I. GENERAL PROVISIONS
 
1. The Procedure for Provision of Material Resources and Compensation for their Provision (hereinafter referred to as “the Procedure”) shall establish the procedures for provision of material resources in emergencies for the performance of rescue, search and emergency works, elimination of emergencies and their consequences, maintaining and restoring the operation of the state and municipal institutions and agencies, economic entities, and also the procedures for accounting of the received, used up or damaged material resources and compensation for their provision.
 
2. The definitions used in the Procedure shall have the same meaning as defined in the Law of the Republic of Lithuania on Civil Protection (Valstybės žinios (Official Gazette) No 115-3230, 1998; No 159-7207, 2009) and in other legal acts.
 
 
 
II. PROVISION OF MATERIAL RESOURCES
 
3. In the event of emergencies, economic entities and other agencies shall provide material resources that belong to them by the right of ownership when the material resources that are at the disposal of the commander of rescue operations or the commander of emergency operations (hereinafter referred to as “commander of operations“) and in the Reserve Fund of the Lithuanian State are insufficient.
 
4. In the event of emergencies, after the commander of rescue operations or the commander of operations has established how much and what kind of additional material resources are needed for the performance of rescue, search and emergency works, elimination of emergencies and their consequences, maintaining and restoring the operation of the state and municipal institutions and agencies and economic entities, the economic entities and other agencies with whom, in accordance with Article 16(2) of the Law of the Republic of Lithuania on Civil Protection agreements were concluded on the implementation of the tasks indicated in the municipal emergency management plan, shall, upon a written request of the director of the municipal administration, deliver material resources for the commander of rescue operations or the commander of operations to the place specified by the municipal administrator.
 
5. In urgent cases, when a serious risk to residents’ life, health, assets or environment arises, the available material resources shall, upon a written request of the director of the municipal administration and according to need, be delivered for the commander of rescue operations or the commander of operations by the economic entities and other agencies, with whom the agreements indicated in paragraph 4 of the Procedure have not been concluded, to the place specified by the municipal administrator.
 
6. In the event of emergencies, economic entities that provide electronic communications network or electronic communications services shall grant priority to the actors of the civil protection system for using electronic communications networks and receiving other electronic communications services that are necessary for ensuring adequate functioning of the emergency management communications system of civil protection.
 
7. When material resources available in the municipality where an emergency has occurred are insufficient and the director of administration of that municipality requests assistance of the neighbouring municipalities, the material resources available for the performance of rescue, search and emergency works, elimination of emergencies and their consequences, maintaining and restoring the operation of the state and municipal institutions, agencies and economic entities shall, on request of the director of the administration of neighbouring municipality(ies), be delivered by the economic entities and other agencies of that municipality(ies) to the place specified by the municipal administrator.
 
8. The director of the municipal administration, commander of rescue operations and the commander of operations shall seek that the losses and interruptions of operation of the economic entities and other agencies are as minimal as possible.
 
 
 
III. Accounting FOR RECEIVED, USED UP OR DAMAGED MATERIAL RESOURCES
 
9. In the event of emergencies, the accounts for material resources received from economic entities and other agencies, as well as used up or damaged material resources shall be managed by the person(s) authorized by the director of the municipal administration.
 
10. After completion of emergency rescue and search operations, works to eliminate emergencies and their consequences as well as emergency works:
 
10.1. the commander of operations shall, via the emergency operations centre (hereinafter referred to as “the operations centre“) and not later than within 10 calendar days, submit to the director of the municipal administration a general financial statement of the received, used up or damaged material resources, the service acceptance acts of rescue, search and emergency works and works to eliminate emergencies and their consequences, as well as other documents confirming receipt, using up or damage of the material resources;
 
10.2. the economic entities who, in the event of emergencies, provided electronic communications services to the actors of the civil protection system and granted them priority for using electronic communications networks shall, via the operations centre and not later than within 5 calendar days, submit to the director of the municipal administration the documents confirming expenses incurred as a result of the provision of emergency electronic communications services and granting priority for using electronic communications networks.
 
11. The director of the municipal administration, having received the documents indicated in paragraphs 10.1 and 10.2 of the Procedure, shall not later than within 3 working days set up a commission which, not later than within 10 calendar days from its setting up, shall make an inventory of the received, used up or damaged material resources and determine the amount of expenses to be reimbursed to the economic entity, other agency, including compensation for the expenses related to the provision of material resources. The municipal administration, having made the inventory and determined the reimbursable amount of expenses, shall issue a certificate to the economic entity and/or other agency. The certificate shall specify the data of the owner of material resources (name, legal form, code, and registered office), nomenclatural names, quantity and value of the received, used up or damaged material resources, date of provision and return of the material resources, the amount to be reimbursed for provision of material resources. If necessary, the certificate shall also indicate other data. The certificate shall be signed by the chairman of the commission set up by the director of the municipal administration, the commission members and the head of the economic entity, other agency or his authorized person.
 
12. The value of the used up or damaged material resources and the expenses incurred by the economic entity, other agency in relation to provision of material resources shall be estimated according to market prices on the day of issue to the economic entity, other agency of the certificate specified in paragraph 11 of the Procedure.
 
13. The person(s) authorized by the director of the municipal administration shall return the material resources received but not used up to the economic entity, other agency that provided them.
 
 
 
IV. PAYMENT OF COMPENSATION FOR PROVISION OF MATERIAL RESOURCES
 
14. The expenses incurred by economic entities, other agencies due to provision of material resources shall be reimbursed.
 
15. The director of the municipal administration, having evaluated the data of the inventory of the received, used up or damaged material resources made by the commission set up by him as well as the reimbursable amounts of expenses determined by that commission, shall, not later than within 7 calendar days from the presentation of the commission’s conclusions, submit to the Ministry of Finance a general request concerning the award of funds for compensation for the provision of material resources to economic entities and other agencies.
 
16. The request by the director of the municipal administration to the Ministry of Finance shall indicate:
 
16.1. circumstances of provision of material resources;
 
16.2. economic entities and other agencies which provided material resources;
 
16.3. amounts of reimbursable expenses incurred by economic entities, other agencies due to provision of material resources;
 
16.4. justification of reimbursable expenses incurred by economic entities, other agencies due to provision of material resources.
 
17. The request of the director of the municipal administration shall be accompanied by documents justifying the expenses in relation to the provision of material resources.
 
18. The Ministry of Finance shall, not later than within 20 working days from the receipt of the request of the director of the municipal administration, examine the information provided in the request of the director of the municipal administration and the documents specified in paragraph 17 of the Procedure, shall prepare and submit, in accordance with the procedure prescribed by legal acts, to the Government of the Republic of Lithuania a draft resolution of the Government of the Republic of Lithuania on the disbursement of compensation to economic entities, other agencies for the provision of material resources. If the Ministry of Finance, having examined the request of the director of the municipal administration, determines that the amounts to be reimbursed in relation to provision of material resources do not correspond to the amount of reimbursable expenses justified by the documents specified in paragraph 17 of the Procedure, it shall, in respect of the justifiable part of the request, prepare and submit to the Government of the Republic of Lithuania a draft resolution of the Government of the Republic of Lithuania on the disbursement of compensation to economic entities, other agencies for provision of material resources and shall notify the director of the municipal administration about the unjustifiable part of the request.
 
19. After adoption of the resolution on the disbursement of compensation to economic entities, other agencies for provision of material resources by the Government of the Republic of Lithuania, the said compensation shall be paid from the Reserve Fund of the Lithuanian State.
 
 
 
V. FINAL PROVISIONS
 
20. Disputes regarding the provision of material resources and compensation for their provision shall be settled in accordance with the procedure established in the legal acts of the Republic of Lithuania.
 
 
 
_________________
 
 
 
Approved by
 
Resolution No 1107 of the Government of the Republic of Lithuania of 21 July 2010
 
 
 
 
 
Procedure for Provision of State Support for Damage Incurred due to an Emergency
 
 
 
I. GENERAL PROVISIONS
 
 
 
1. The Procedure for Provision of State Support for Damage Incurred due to an Emergency (hereinafter referred to as “the Procedure“) shall regulate the provision of support to residents, economic entities and other agencies for damage incurred due to an emergency.
 
2. The provisions of the Procedure shall not apply to the provision of state support to agricultural entities for damage and losses incurred as a result of destruction or damage to crops caused by natural weather conditions against which insurance companies insure.
 
3. The term “damage“ as used in the Procedure shall mean the loss of or damage to the assets held by a resident, entity and other agency, the expenses (direct expenses) incurred during emergencies. Other terms used in the Procedure shall have the same definition as in the Law of the Republic of Lithuania on Civil Protection (Valstybės žinios (Official Gazette) No 115-3230, 1998; No 159-7207, 2009) and in other legal acts.
 
 
 
II. SUBMISSION OF REQUEST FOR PROVISION OF STATE SUPPORT DUE TO AN EMERGENCY
 
 
 
4. Residents, economic entities and other agencies which suffered damage due to an emergency may be awarded state support.
 
5. Residents, economic entities and other agencies which suffered damage due to an emergency shall have the right to make written requests to the director of the municipal administration at the place where the damage originated for the provision of state support for damage incurred due to an emergency (hereinafter referred to as “request”). Residents, economic entities and other agencies which suffered damage due to an emergency shall submit requests not later than within a month from the time when the damage arose.
 
6. The request shall indicate:
 
6.1. name, surname, identification number (or the date of birth, if, according to the legal acts of a foreign state, the identification number is not assigned to the natural person) of the resident who has submitted a request and the permanent residence address or the name, legal form, registered office (a foreign legal person shall additionally indicate the name of the state in which it is registered) of the economic entity or other agency which has submitted a request;
 
6.2. circumstances in which the damage was made;
 
6.3. the size and nature of the damage.
 
7. The requests shall be accompanied with documents confirming the right of ownership to the assets that have been lost or damaged and, also, where possible, documents justifying the size of the damage and (or) expenses incurred (direct expenses).
 
 
 
III. Provision of State Support for Damage Incurred due to an Emergency
 
 
 
8. The director of the municipal administration, having received the requests of residents, economic entities and/or other agencies, shall, not later than within 3 working days from receipt of the first request, set up a commission for consideration of the requests (hereinafter referred to as “the commission”). When considering the requests, the commission shall determine whether the damage was incurred due to an emergency, shall investigate the circumstances, in which the damage was made, and shall establish the size of the damage (the damage shall be estimated according to market prices on the day when the damage arose).
 
9. The commission shall return the requests that do not meet the requirements laid down in paragraph 6 of the Procedure and, also, the requests that are not accompanied by the documents specified in paragraph 7 of the Procedure, not later than within 5 working days from their receipt, to the residents, economic entities and/or other agencies who have submitted them and shall indicate the reasons for the return. Residents, economic entities or other agencies shall have the right, before the expiration of the deadline set out in paragraph 5 of the Procedure, to re-submit the requests and the documents specified in paragraph 7 of the Procedure.
 
10. The commission shall examine the requests and, not later than within 20 working days from the expiration of the deadline set out in paragraph 5 of the Procedure, shall submit conclusions to the director of the municipal administration.
 
11. The director of the municipal administration, having evaluated the conclusions submitted by the commission, shall, not later than within 7 calendar days from their submission, take a decision to submit to the Ministry of Finance a common request for allocation of state support funds to residents, economic entities and/or other agencies for damage incurred due to an emergency or not to submit the request. Where a decision has been taken not to submit the request to the Ministry of Finance, the residents, economic entities and other agencies shall, not later than within 3 working days, be notified thereof.
 
12. The request by the director of the municipal administration to the Ministry of Finance shall indicate:
 
12.1. names, surnames, identification numbers (or the dates of birth, if, according to the legal acts of a foreign state, the identification numbers are not assigned to natural persons) and permanent residence addresses of the residents who incurred damage due to an emergency;
 
12.2. names, legal forms, codes, registered offices (foreign legal persons shall additionally indicate the names of the states in which they are registered) of the economic entities or other agencies which incurred damage due to an emergency;
 
12.3. circumstances in which the damage was made;
 
12.4. the size and nature of the damage;
 
12.5. the requested amount of state support funds corresponding to the size of the damage incurred by all residents, economic entities and other agencies.
 
13. The request of the director of the municipal administration shall be accompanied by documents justifying the size of the damage and the right of ownership to the assets which have been lost or damaged or the expenses incurred by them (direct expenses).
 
14. The Ministry of Finance shall, not later than within a month from receipt of the request of the director of the municipal administration, examine the information provided in the municipal administrator’s request, the documents specified in paragraph 13 of the Procedure and, taking into account the state’s financial capacities, shall prepare and submit to the Government of the Republic of Lithuania a draft resolution of the Government of the Republic of Lithuania on the provision of state support to residents, economic entities and other agencies for damage incurred due to an emergency. The proposed amount of support for each resident, economic entity, other agency shall be determined proportionally to the size of the damage incurred. If the Ministry of Finance, having examined the request of the director of the municipal administration, determines that the requested amount of state support funds does not correspond to the size of the damage justified by the documents specified in paragraph 13 of the Procedure, it shall notify the director of the municipal administration thereof and submit to the Government of the Republic of Lithuania a draft resolution of the Government of the Republic of Lithuania only in respect of the justifiable part of the request.
 
15. After adoption by the Government of the Republic of Lithuania of the resolution on the provision of state support to residents, economic entities and other agencies which incurred damage due to an emergency, the state support for damage incurred due to an emergency shall be paid from the State Budget funds.
 
 
 
IV. FINAL PROVISIONS
 
 
 
16. Disputes regarding the provision of state support for damage incurred due to an emergency shall be settled in accordance with the procedure established in the legal acts of the Republic of Lithuania.
 
17. Unjustified state support, provided for damage incurred due to an emergency, shall be recovered from residents, economic entities and other agencies in accordance with the procedure established in the legal acts of the Republic of Lithuania.
 
 
 
_________________