European Commission / DG Environment Capacity Building in Implementation of the Environmental

European Commission DG Environment

Capacity Building in Implementation of the Environmental Acquis at the Local and Regional Level

Capacity Review Report

Lithuania

Date: 18.10.2004

Prepared by: Domas Balandis

Checked by: Norman Sheridan

Client Ref. No.: EuropeAid/116215/CSV/PHA

CMDC Joint Venture: Capacity Building in Implementation of the Environmental Acquis Capacity Review - Lithuania

Foreword

Background of the Project In 2003 the European Commission, Directorate General for Environment, decided to launch a project in the 10 Phare countries (Estonia, Latvia, Lithuania, Poland Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania) aimed at improving the implementation of the following directives: - Integrated Pollution Prevention and Control (Directive 96/61/EC) - Environmental Impact Assessment (Directive 97/11/EC)

on regional and local level.

Each country has selected 4 to 8 pilot areas in which the training takes place. The training comprises regional workshops in each pilot area plus national workshops. Two Multi-country workshops, where the 10 participating countries can exchange experience and views, are included in the project.

The project was initiated in December 2003 and is expected to end in June 2005.

The project is implemented and managed by a Consortium comprising 4 international consulting companies (Carl Bro, COWI, DHV and Milieu) assisted by national companies in the 10 Phare-countries - including subsidiaries of the consortium companies.

The objectives of the project

Overall objectives The overall objective is as follows:

 To develop the ability of local and regional authorities to effectively implement environmental legislation, particularly in the domains of EIA and IPPC. This will be done through an approach that is tailored to the needs and conditions of each particular country, but also ensuring the possibility for countries to learn from the experiences of their neighbours.

Specific objectives The specific objectives of this contract are as follows:

 Better understanding in the PHARE countries of the steps needed to improve implementation of EIA and IPPC directives at local and regional level.  Better trained local and regional authorities in each country able to effectively implement environmental acquis, particularly the EIA and IPPC directives.  Preparation of models of good environmental administration at the local and regional level in the PHARE countries  Preparation of strategies for broader application of the experiences of the pilot areas within each PHARE country.

Objective of This Report The objective of this report is to assess the strengths and weaknesses of the present administrative practice and capacities in the countries. It focuses on EIA and IPPC implementation, and is based on the Institutional Review which focuses on the administrative structures in place for implementation, including an assessment of the transposition of the EIA and IPPC Directives, and the Training Needs Assessment which assesses the needs of the regional staff selected for training under this project. This Report forms an essential background review of the current state of play in the country, and will serve as a basis for any

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recommendations for improvements to legal arrangements and/or administrative practices to ensure full effective implementation of the EIA and the IPPC Directive.

Preparation of Report This report is prepared by Country Manager Domas Balandis. Further information may be obtained from Domas Balandis ([email protected]) or from Assistant Team Leader Grith Lindgreen Petersen ([email protected])

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Contents

Foreword...... i Contents...... iii Abbreviations...... iv A. Capacity Review Environmental Impact Assessment...... 1 A.1. Summary...... 1 A.2. Introduction...... 1 A.3. The Current Legal Framework...... 2 A.4. Institutional Arrangements...... 4 A.5. Trainees Review...... 5 A.6. Assessment of Current Administrative Practices...... 10 B. Capacity Review Integrated Pollution Prevention and Control...... 12 B.1. Summary...... 12 B.2. Introduction...... 12 B.3. The Current Legal Framework...... 13 B.4. Institutional Arrangements...... 14 B.5. Trainees Review...... 15 B.6. Assessment of Current Administrative Practices...... 21 C. Annex I: Institutional Review - EIA...... 23 C.1. Introduction...... 23 C.2. Legal Assessment...... 23 C.3. Publicly Available Guidance Documents...... 37 C.4. Institutional Arrangements...... 38 C.5. Procedural Issues...... 40 D. Annex I: Institutional Review - IPPC...... 45 D.1. Introduction...... 45 D.2. Legal Assessment...... 45 D.3. Publicly Available Guidance Documents...... 48 D.4. Institutional Arrangements...... 49 D.5. Number of Installations in Lithuania by Region...... 52 D.6. Procedural Issues...... 53 E. Annex II: Conclusions on the Training Needs Assessment - EIA...... 59 E.1. Overall Staff Capacities, i.e. Characteristics of Staff Involved in EIA Determination in Lithuania...... 59 E.2. Subject Matter Knowledge Capacities and Experiences...... 60 E.3. Conclusion on Knowledge and Experience of Staff Dealing with EIA Determination..63 F. Annex II: Conclusions on the Training Needs Assessment - IPPC...... 64 F.1. Overall Staff Capacities, i.e. Characteristics of Staff Involved in IPPC Permits in Lithuania...... 64 F.2. Subject Matter Knowledge Capacities and Experiences...... 64 F.3. Conclusion on Knowledge and Experience of Staff Dealing with EIA Determination..68

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BAT Best Available Techniques BREF BAT Reference Documents CA Competent authority EIA Environmental Impact Assessment EIS Environmental Impact Statement ELV Emission Limit Value EPA Environmental Protection Agency EPER European Pollution Emissions Register IPPC Integrated Pollution Prevention and Control LGS Lithuanian Geological Services Local EPA Environmental Protection Agencies (subordinated bodies of REPD) MoE Ministry of Environment NGO Non Government Organisation REPD Regional Environmental Protection Department SEPI State Environmental Protection Inspectorate SSPA State Services on Protected Areas

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A. Capacity Review Environmental Impact Assessment

A.1. Summary

This Capacity Review Report focuses on EIA implementation in Lithuania, and is based on the Institutional Review which focuses on the administrative structures in place for implementation, including an assessment of the transposition of the EIA Directive, and the Training Needs Assessment which assesses the needs of the regional staff selected for training under this project. This Report forms an essential background review of the current state of play in Lithuania and will serve as a basis for any recommendations for improvements to legal arrangements and/or administrative practices to ensure full effective implementation of the EIA Directive.

The EIA Directive has been transposed into Lithuanian legislation; although there are some concerns over the detailed procedural arrangements for information dissemination in a transboundary context. The relevant provisions of Directive 2003/35/EC on public participation and access to justice have not yet been transposed – although draft acts are under discussion.

The Law on EIA transposes the Directive’s Annexes I and II. Screening on Annex II projects is carried out on a case-by-case basis using the criteria equivalent to Annex II of the Directive. In addition for justified cases, especially for projects in protected areas or in areas of significant environmental burden, the Competent Authority may screen the project to determine of an EIA is required, whether or not the proposed project falls within Annex II of the Directive.

The Competent Authorities for EIA are the Ministry of Environment, the Environmental Protection Agency and the Regional Environmental Protection Departments (REPDs), depending on the nature and size of the project. The division of responsibility is clear and well defined. Statutory consultation authorities are selected for participation in the EIA process on a case-by-case basis.

Detailed Guidance Documents are widely available to stakeholders and the public. In addition the Ministry have prepared specific recommendations for certain types of projects and for accident risk assessment.

While there are sufficient staff at the Ministry of Environment to carry out their EIA related tasks, reports suggest that increased staff and support is required in the REPDs, especially with the anticipated increase on EIA applications in future years and that the REPD staff also have to deal with IPPC permit applications. The REPDs are well equipped with computers and internet connection.

A.2. Introduction

The overall objective of the project “Capacity building in implementation of the environmental acquis” is to develop the ability of local and regional authorities to effectively implement environmental legislation, particularly in the domains of Environmental Impact Assessment (EIA) and Integrated Pollution Prevention and Control (IPPC). This will be done through an approach that is tailored to the needs and conditions of each particular country, but also ensuring the possibility for countries to learn from the experiences of their neighbours.

This Capacity Review Report focuses on EIA; a separate Report focuses on IPPC.

The time for transposition of the EU Directives into the national legislation, and the effective implementation of this national legislation into the public administrative practise at local and

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regional level is now very short – for Lithuania the deadline for having administrative structures in place is May 2004. Therefore it is essential that the training provided by this project to the local/regional authorities with responsibilities for EIA are focused and specifically directed at their needs and at identified weaknesses or areas of concern.

In addition to the focused training directed to the needs of the trainees in the competent authorities at local/regional level, the project is also required to make proposals for any recommended revision of existing administrative regulations to enhance the implementation of the EIA Directive. The scope of these recommended revisions means that it is necessary to consider not just the legal and regulatory framework for implementation of EIA but also any administrative and technical guidance documents. It will also consider the actual implementation and enforcement – that is to say the administrative practices – currently in place.

Thus it is essential that appropriate background material is collected, reviewed and assessed. This Capacity Review Report summarises this material and assessment. The information itself has been collated in two reports: the Institutional Review - focused on the strength and weaknesses of the administrative structures - and the Training Needs Assessment - focused at the needs of the employees selected for training. The two reports appear as annexes to this report.

A.3. The Current Legal Framework

1999 Lithuania ratified the UN Convention on EIA in Tran boundary Context (Espoo Convention) (Official Gazette, 1999, No 92-2688). Pursuant to Lithuanian Constitution (Art. 138.3) international agreements, which are ratified by the Seimas, are constituent part of the legal system of Lithuania.

July 10, 2001 Lithuanian Parliament (Seimas) ratified the UN/ECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. From this time the Aarhus Convention has obtained the same legal power as a Lithuanian law. The Aarhus Convention confers rights and duties to citizens and NGOs for participation in decision-making process. Procedures for Public Information and Public Participation in the Environmental Impact Assessment Process, approved by the Minister of Environment order No 277, specifies public participation in EIA process.

Requirements of the Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment are transposed into several Lithuanian legal acts.

 Article 15 of the Law on Environmental Protection establishes general obligation to legal or natural persons to carry out EIA when planning economic activities.  The Law on EIA as amended transposes general requirements of the EU Directive 85/337/EEC as amended by Directive 97/11/EC. This law establishes basic requirements for EIA procedures. Annex 1 of the Law on EIA contains the list of the types of proposed economic activities that shall be subject to the EIA. Annex 2 of the Law on EIA contains the list of the types proposed economic activities that shall be subject to the screening for obligatory EIA.  Methodological guidelines on the Screening of the Proposed Economic Activity, approved by the Minister of Environment, provides guidelines for the competent authority for performing screening on the base of Initial information provided by developer or preparer of EIA documents on his behalf. Annex I provides content of the information that shall be provided by the developer. Based on this information, MoE or empowered institution shall fill Annex II that contains list of factors, related to the proposed economic activity and its potential environmental impacts. Annex II is used for control of EIA system, as well as screening objectivity and final conclusion transparency reasons.  Regulations on Preparation of the Environmental Impact Assessment Program and the Report, approved by the minister of Environment, provides recommended structure and content of the Environmental Impact Assessment program and EIA report (EIS).  The Order of informing the public and public participation in the process of Environmental Impact Assessment, approved by the minister of Environment, regulates

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the process of informing the public about the EIA as well as participation of the public in the environmental impact assessment. Developer is responsible for informing the public (via announcements on the mass media) about the obligatory EIA (screening conclusion), public presentation of EIS as well as informing public about the final decision regarding the proposed economic activity. Annex I to the Order provides form of registration of motivated (justified) proposals of the public regarding EIA of the proposed economic activity, Annex II – form of evaluation of the motivated (justified) proposals of the public regarding EIA and EIS of proposed activity.  Procedures on Investigation of the Environmental Impact Assessment Documents within the Ministry of Environment and at Subordinated Institutions, approved by the minister of Environment, as amended, defines functions of MoE and its subordinated and other institutions in the EIA procedure. Annex I to the Procedures provides list of functions of MoE and its subordinated institutions as well as clarifies co-operation issues. Annex II to the Procedures provides content of the screening conclusion regarding obligatory EIA. Annex III provides content of the final screening conclusion regarding obligatory EIA. Annex IV provides content of information of the decision if the proposed economic activity by virtue of its environmental impacts may be carried out.  Checklist on Assessment of Quality of the Conduction of Environmental Impact Assessment gives guidance to the competent authority, relevant parties and the developer or prepare of EIA documents on his behalf determining relevant EIA procedures and evaluating if the developer has provided complete information required to make a justified decision if the proposed activity may be carried out in the selected site.

The Law on Territorial Planning in specific cases require EIA during special or detailed planning. In each stage of EIA procedures the territorial planning documents are evaluated. Information related to sites of planned activities and description of requirements for land use is constituent parts of EIA programmes and other documents.

The Law on Construction of the Republic of Lithuania, Official Gazette, 1992, No 32-788, as amended, establishes general requirements for design and building of houses and economic objects. If the Law on EIA does not require EIA, however it is obvious that the construction (reconstruction) or exploration of the object will impact the environment, the developer has to prepare environmental chapter for the technical (construction) project. The environmental chapter of the technical (construction) project must be reconciled with EPA or relevant REPDs.

All participants of EIA procedure have access to the following guidance documents:  Manual for EIA procedures in Lithuania, prepared by the MoE in 2001. The Manual is available in Lithuanian and English languages;  Guidelines on dealing with public in Environmental Impact Assessment process, prepared by the MoE in 2002). The guidelines targeted to developers and preparers of EIA documents as to how deal with the public in EIA process;  Recommendations R 41-02 for Accident Risk Assessment for proposed economic activity (Ministry of Environment, 2002);  Recommendations R 44-03 for Environmental Impact Assessment for Installations for the harnessing of wind power for energy production (Ministry of Environment, 2003);  Recommendations R 43-03 for Environmental Impact Assessment for Installations for hydroelectric energy production (Ministry of Environment, 2003);  Recommendations R 42-02 for Environmental Impact Assessment for landfills (Ministry of Environment, 2002).

Conclusions Requirements of the Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment are transposed into Lithuanian legal acts. However, for full implementation of these requirements detailed provisions concerning providing information to another Member State or non-member state should be developed. Consultations with other states that are likely to be negatively affected by the proposed activity are based on bilateral agreements between the Republic of Lithuania and relevant state, however these agreements do not specify procedures in detail.

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Council Directive 2003/35/EC is not transposed yet. Draft legal acts for transposition of Directive 2003/35/EC are under preparation.

A.4. Institutional Arrangements

Table A.4.1 below shows the division of responsibilities between the different layers of government (national, regional and local) for specific obligations relating to EIA.

Table A.4.1 Competent Authorities for EIA Responsibilities Central Regional Relevant Comments MoE, EPA REPD parties Deciding whether a project See list of activities and requires an EIA MoE REPD competent authorities in chapter EPA 2.2 of Annex I Making the EIA decision MoE REPD EPA Issuing guidance on EIA MoE Trans-boundary issues With the help of REPD MoE Issues of commercial *Not yet defined in EIA confidentiality* legislation Consultation with other MoE REPD Lithuanian Geology Service near authorities the Ministry of Environment Ensuring public MoE REPD consultations EPA Inspection REPD Enforcement MoE REPD EPA Maintaining an EIA register MoE Making information MoE REPD available to the public

There are three competent authorities in EIA process in Lithuania: Ministry of Environment (MoE), Environmental Protection Agency (EPA) and Regional Environmental Protection Departments (of which there are eight).

The Ministry of Environment (MoE), as a competent authority monitors that EIA is performed in compliance with ESPOO Convention. The MoE also reviews and adopts of EIA programs (scooping), reviews of EIS and makes final decision for:  Nuclear power stations and other nuclear reactors including decommissioning of such power stations or reactors;  Production, processing, enrichment, storage and disposal of nuclear fuel;  Installations for processing, usage, storage and disposal of radioactive waste, including the decommissioning of such installations;  Economic activity, which is proposed to be carried out in the territory of several Counties of the Republic of Lithuania, in the territories supervised by several Regional Environmental Protection Departments of the Ministry of the Environment or the proposed economic activity may cause impacts on the environment of Several Counties (regions) of the Republic of Lithuania.

Environmental Protection Agency (EPA), as a competent authority, reviews and adopts of EIA program (scoping), reviews of EIS and makes final decision for activities listed in tables of paragraph 2.2 of Annex 1 of this Report. For other activities provided in above mentioned tables EPA is responsible only for screening and making screening decision (REPDs are responsible for other EIA procedures).

Regional Environmental Protection Departments (REPDs) as competent authorities, review of EIS and make final decisions for activities listed in tables of paragraph 2.2 of Annex 1 of this Report.

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Statutory consultation authorities. These are decided upon on a case-by-case basis, depending on the nature of the proposed project.

There are no major problems with division of responsibilities.

The institutional capacity at the central level is said to be adequate for the tasks for which the MoE have responsibility.

The institutional capacity of the eight REPDs varies from region to region, and in some areas is not sufficient to deal with the number of EIA applications received. However, due to the expected increase in numbers of EIA applications in future years, and because these same staff will have to deal with IPPC applications, it is anticipated that additional staff will be required in all regions. In addition there are no support staff in the REPD offices. For the eight REPDs in Lithuania, the numbers of EIAs, staff involved and an assessment of capacity is shown below.

Kaunas Pane- Marijam- Vilnius Klaipeda Šiauliai Alytus Utena Activity Region vėžys polė Region Region Region Region Region Region Region No. EIA applications 39 43 50 12 11 22 12 11 2003 No. EIA applications 16 20 23 7 15 9 1 6 2004-05-07 No. Staff for EIA 3 3 7 5 3 5 2 4 determinations Are staff No Yes No Yes Yes Yes Yes Yes sufficient?

A.5. Trainees Review

The total number of trainees involved in the 4 pilot and 4 non-pilot regions in Lithuania was found to be 23 (13 – pilot and 10 non - pilot). In general, these trainees have had limited (or no) training already although they have been involved in some 178 EIA determinations as lead, and have contributed to other 205 EIA determinations.

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Table A.5.2 (a) Staffing review and capacity overview in Vilnius pilot region Region 1 (Vilnius) Number of staff involved in EIAs 3 Educational background of staff Scientists Planners Engineers Lawyers Others involved in EIA determinations

1 2

Average years of professional experience (i.e. years since graduation) 19

Average duration of present employment 18

Position of staff involved in EIA Junior Medium High 2 1 Media specialisation of staff Water Waste Air Other 1 2 2 Average number of training days of EIA staff has been exposed to 5 Number of EIA determinations staff has been involved in as lead 16 Number of EIA determinations to which staff have contributed 1 Familiarity with the English language, summaries Good/very good Sufficient Not enough Not at all Speaking 3 Reading 1 2 Writing 3 Computer knowledge and familiarity No. of very advanced No. of experienced No. of inexperienced and No. of non-users and experienced users, users, using some of the occasional users, not using the full office office package conversant with e-mail package and e-mail and programmes and e-mail and internet internet facilities and internet facilities 3 Status of IT No. of staff fully No. of staff using No. of staff with e- No. of staff with No. of staff which equipped with PCs, Windows later than mail facilities internet has no - or only peripherals and win95 connections rarely - access to office package IT facilities 2 2 3 3

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(b) Staffing review and capacity overview in Kaunas pilot region Region 2 (Kaunas) Number of staff involved in EIAs 3 Educational background of staff Scientists Planners Engineers Lawyers Others involved in EIA determinations

Average years of professional experience (i.e. years since graduation) 20

Average duration of present employment 3

Position of staff involved in EIA Junior Medium High 2 1 Media specialisation of staff Water Waste Air Other 2 3 2 Average number of training days of EIA staff has been exposed to 3 Number of EIA determinations staff has been involved in as lead 3 Number of EIA determinations to which staff have contributed 2 Familiarity with the English language, summaries Good/very good Sufficient Not enough Not at all Speaking 2 1 Reading 2 1 Writing 2 1 Computer knowledge and familiarity No. of very advanced No. of experienced No. of inexperienced and No. of non-users and experienced users, users, using some of the occasional users, not using the full office office package conversant with e-mail package and e-mail and programmes and e-mail and internet internet facilities and internet facilities 3 Status of IT No. of staff fully No. of staff using No. of staff with e- No. of staff with No. of staff which equipped with PCs, Windows later than mail facilities internet has no - or only peripherals and win95 connections rarely - access to office package IT facilities 3 3 3 3

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(c) Staffing review and capacity overview in Klaipeda pilot region Region 3 (Klaipeda) Number of staff involved in EIAs 4 Educational background of staff Scientists Planners Engineers Lawyers Others involved in EIA determinations

1 3

Average years of professional experience (i.e. years since graduation) 17

Average duration of present employment 6

Position of staff involved in EIA Junior Medium High 2 2 Media specialisation of staff Water Waste Air Other 3 2 Average number of training days of EIA staff has been exposed to 3 Number of EIA determinations staff has been involved in as lead 5 Number of EIA determinations to which staff have contributed 11 Familiarity with the English language, summaries Good/very good Sufficient Not enough Not at all Speaking 3 1 Reading 1 2 1 Writing 1 2 1 Computer knowledge and familiarity No. of very advanced No. of experienced No. of inexperienced and No. of non-users and experienced users, users, using some of the occasional users, not using the full office office package conversant with e-mail package and e-mail and programmes and e-mail and internet internet facilities and internet facilities 1 2 1 Status of IT No. of staff fully No. of staff using No. of staff with e- No. of staff with No. of staff which equipped with PCs, Windows later than mail facilities internet has no - or only peripherals and win95 connections rarely - access to office package IT facilities 3 4 4 4

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(d) Staffing review and capacity overview in Shiauliai pilot region Region 4 (Shiauliai) Number of staff involved in EIAs 3 Educational background of staff Scientists Planners Engineers Lawyers Others involved in EIA determinations

2 1

Average years of professional experience (i.e. years since graduation) 18

Average duration of present employment 8

Position of staff involved in EIA Junior Medium High 2 1 Media specialisation of staff Water Waste Air Other 1 2 1 Average number of training days of EIA staff has been exposed to 4 Number of EIA determinations staff has been involved in as lead 16 Number of EIA determinations to which staff have contributed 30 Familiarity with the English language, summaries Good/very good Sufficient Not enough Not at all Speaking 1 2 Reading 1 2 Writing 1 2 Computer knowledge and familiarity No. of very advanced No. of experienced No. of inexperienced and No. of non-users and experienced users, users, using some of the occasional users, not using the full office office package conversant with e-mail package and e-mail and programmes and e-mail and internet internet facilities and internet facilities 3 Status of IT No. of staff fully No. of staff using No. of staff with e- No. of staff with No. of staff which equipped with PCs, Windows later than mail facilities internet has no - or only peripherals and win95 connections rarely - access to office package IT facilities 3 1 3 3

Staff in Vilnius, Kaunas and Klaipėda pilot region(s) accumulated more experience in EIA determination. In terms of knowledge the same applies to Vilnius and Kaunas REPDs. There are no significant deficiencies pertaining to staff in all 4 pilot and 4 non-pilot REPDs.

When assessing the staff capacities it is important to take in consideration that the most of the staff work in both areas: EIA and IPPC or non-IPPC permitting.

The lowest level of knowledge is in a field of Trans boundary information.

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A.6. Assessment of Current Administrative Practices

The assessment of the current administrative practices for the effective implementation of the EIA Directive can be divided into three categories:

1. Procedures 2. Training related issues 3. Non-training related issues.

Procedural Issues The EIA directive is fully transposed into Lithuanian legislation and the necessary implementing regulations have been adopted. However, for full implementation of the requirements of the EIA Directive detailed requirements concerning providing information to another Member State or non-member state should be developed. The appeal procedures are not specified in Lithuanian legislation on EIA. Council Directive 2003/35/EC is not transposed yet.

There are three competent authorities in EIA process in Lithuania: Ministry of Environment (MoE), Environmental Protection Agency (EPA) and 8 Regional Environmental Protection Departments. There are no major problems with division of responsibilities.

MoE has developed a number of guidance documents for effective implementation of EIA.

The strengths and weaknesses of the current procedural issues for the effective implementation of EIA are summarised in the tables below.

Table A.6.3 Capacity assessment of current procedural issues Strengths Weaknesses 1. The EIA directive is fully 1. Detailed requirements for the provision of transposed information to other countries are not provided. 2. Guidance on EIA procedures and 2. Detailed procedures for co-ordination of EIA and checklist are developed IPPC permitting are not established. 3. No major problems with division of 3. Appeal procedures are not specified in legal acts responsibilities between CAs 4. Limited procedural requirements for transboundary issues

Training Related Issues The majority of staff involved in EIA has participated in basic training only. The staff has been exposed to 3-6 days training only. The staff is not trained enough on EIA, especially on public participation.

The strengths and weaknesses of the training related issues for the effective implementation of EIA requirements are summarised in the tables below.

Table A.6.4 Capacity assessment – training issues Strengths Weaknesses 1. The majority of the staff involved in 1. The staff has little training on specific issues, EIA has been exposed training e.g. scoping, public participation and informing other countries 2. The staff has experience related to 2. Low English language skills EIA procedures

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Non Training Issues In most of regions the staff for EIA determinations is sufficient: insufficient staff was indicated in Vilnius and Klaipėda REPDs. Nevertheless, all heads of EIA departments indicated that the demand for more EIA staff could occur in the nearest future because of IPPC permits as well as expected development in the country with the support of EU funding.

When assessing the staff capacities it is important to take in consideration that the most of the staff work in the both areas: EIA and IPPC or non-IPPC permitting.

There are no major problems related to a lack of hardware (computers etc) or lack of sufficient laboratories.

The strengths and weaknesses of the non-training related issues for the effective implementation of EIA requirements are summarised in the tables below.

Table A.6.5 Capacity assessment – non-training issues Strengths Weaknesses 1. The staff has computers and other 1. The same specialists work in both: EIA and hardware equipment IPPC and non-IPPC permitting 2. Future demands may require additional staff in the future

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B. Capacity Review Integrated Pollution Prevention and Control

B.1. Summary

This Capacity Review Report focuses on IPPC implementation in Lithuania, and is based on the Institutional Review which focuses on the administrative structures in place for implementation, including an assessment of the transposition of the IPPC Directive, and the Training Needs Assessment which assesses the needs of the regional staff selected for training under this project. This Report forms an essential background review of the current state of play in Lithuania and will serve as a basis for any recommendations for improvements to legal arrangements and/or administrative practices to ensure full effective implementation of the IPPC Directive.

The IPPC Directive has been transposed into Lithuanian legislation; however secondary legislation is still required relating to noise, odour, energy efficiency and site contamination prevention.

Draft legislation is being prepared to transpose the relevant requirements of Directive 2003/35/EC on public participation and access to justice and Directive 2003/87/EC on GHG emission trading.

A number of Guidance Documents have been prepared to assist stakeholders in implementation of the IPPC legislation. However, these require updating. EU BREFs have not been translated into the national language, although annotations to these BREFs are being prepared.

The eight Regional Environmental Protection Departments have responsibility for issuing the IPPC permit. They are assisted in this task by the Local EPAs. The REPDs may also consult with other authorities, although the interaction with Civil Safety Authorities is not clearly defined.

IPPC permitting is quite new in Lithuania and although staff at REPDs have received some training they lack practical experience with the integrated permit regime.

Increased capacity is required at both the central level and at the REPDs to effectively carry out their respective tasks for IPPC.

B.2. Introduction

This Capacity Review Report focuses on IPPC; a separate Report focuses on EIA.

The time for transposition of the EU Directives into the national legislation, and the effective implementation of this national legislation into the public administrative practise at local and regional level is now very short – for Lithuania the deadline for having administrative structures in place is May 2004. Therefore it is essential that the training provided by this project to the local/regional authorities with responsibilities for IPPC are focused and specifically directed at their needs and at identified weaknesses or areas of concern.

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In addition to the focused training directed to the needs of the trainees in the competent authorities at local/regional level, the project is also required to make proposals for any recommended revision of existing administrative regulations to enhance the implementation of the IPPC Directive. The scope of these recommended revisions means that it is necessary to consider not just the legal and regulatory framework for implementation of IPPC but also any administrative and technical guidance documents. It will also consider the actual implementation and enforcement – that is to say the administrative practices – currently in place.

B.3. The Current Legal Framework

Requirements of the Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control are fully transposed into Lithuanian legal acts.

Basic requirements of IPPC directive are laid down in the Rules for Issuance, Renewal and Revocation of Integrated Pollution Prevention and Control Permits, approved by the minister of Environment order 80 of 27 February 2002 as amended, hereinafter referred to as IPPC Permitting Rules.

Annex I of this Review provides the list of legal acts related to transposition and implementation of the IPPC Directive.

IPPC Permitting Rules covers a broader scope of installations than the IPPC Directive requires. Annex I of the IPPC Permitting Rules provides a list of installations equivalent to those in Annex I of the IPPC Directive. These installations must meet all requirements provided in the IPPC Directive. Annex II of the IPPC Permitting Rules provides criteria for permitting of middle size or small companies, which the IPPC Directive does not cover. These criteria are based on quantity of pollutants emitted or effluents discharged or water used or waste generated. These installations must meet emission limit values and quality standards set out in Lithuanian legislation but not necessarily BAT requirements. Existing installations are required to obtain an IPPC permit at the expiry of their existing non- IPPC permits.

Procedures on Provision of Data about Emissions and Pollution Sources approved by the minister of Environment, transposes the EU requirements on EPER.

July 10, 2001 Lithuanian Parliament (Seimas) ratified the UN/ECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. After the ratification the Aarhus Convention has obtained the same legal power as a Lithuanian law. Legislation is being prepared to transpose the relevant requirements of Directive 2003/35/EC, expected to be adopted in early 2005. Draft legislation is expected to be adopted in 2004 to transpose Directive 2003/87/EC on GHG emission trading.

The Minister of Environment approved several regulations transposing the EU requirements on emission limit values and quality standards. These regulations are based on Water Law, Waste Management Law and ambient Air Protection Law.

The Ministry of Environment (MoE) has developed a Guidance Document on IPPC which is available on the internet. The MoE and the EPA are in the process of preparing national annotations to the EU BREFs for use in Lithuania. However the EU BREFs are not available in the national language. In addition, reports suggest that operators are still not very familiar with the requirements of IPPC.

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The following legal problems still exist in the field of implementation of IPPC Directive: 1. Secondary legislation should specify requirements related to noise, odour, energy efficiency and prevention of site contamination.

2. Transposition of Directive 2003/35/EC and Directive 2003/87/EC should be completed.

3. The Minister of Environment has developed a comprehensive National Programme and Action Plan for the implementation of IPPC Permitting Rules. Guidance document on Application of IPPC Permitting Rules is also developed. However this Guidance needs to be amended to take account of experience gained.

4. EU BREFs are not translated into the national language.

B.4. Institutional Arrangements

Table B.4.6 below shows the division of responsibilities between the different layers of government (national, regional and local) for specific obligations relating to IPPC.

Table B.4.6 Division of responsibilities Responsibilities Central Regional Local Other Deciding whether an REPD Local installation requires an EPA integrated permit Issuing integrated permits REPD Local EPA Issuing guidance on BAT EPA REPD Representatives from Experts SEPI Industrialists associations, agricultural organisations, companies Trans-boundary issues MoE REPD Issues of commercial REPD Local Operators confidentiality EPA Co-ordination with other REPD authorities Ensuring public EPA REPD Local consultations EPA Monitoring EPA REPD Inspection SEPI REPD Local EPA Enforcement REPD Maintaining a register of EPA REPD emissions Making information EPA REPD available to the public

Eight Regional Environmental Protection Departments (REPDs) have the overall responsibility for issuing the integrated permit (IPPC Permitting Rules, paragraph 29).

REPDs have their local EPAs as subordinated bodies in each town and district (there are 56 local EPAs in Lithunia). REPD and Local EPAs work together for preparation of IPPC permits.

Operators are responsible to reconcile an application with the municipalities and other relevant institutions, e.g. public health centres, county administrations (if relevant), veterinarian services, social safety services (IPPC Permitting Rules, paragraph 20).

REPD is responsible to reconcile an application with institutions, which are subordinated by MoE, e.g. LGS, SSPA, EPA, hydro-metrological services.

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REPDs at any time may consult with Quality Department of MoE, EPA or SEPI for the review of application forms and issuance of permits.

MoE Order 682 of December 19, 2003 on Approval of Statute of Working Groups for Preparation of Annotations to Information Documents for Best Available Technique supports the co-ordination between different institutions. Representatives from industry, municipalities and other institutions may participate in the working groups and share responsibilities for IPPC permitting.

REPD and SEPI are responsible for inspection of compliance with the IPPC permitting.

Administrative sanctions for violation of IPPC Permitting Rules are provided in the Code of Administrative Offences. Fines of 800 to 8000 LTL (232 to 2376 EUR) may be imposed, while gross violation of IPPC Permitting Rules may cause revocation of IPPC permit. Revocation of IPPC permit in principle means termination of the activity.

The following institutional problems still exist with institutional arrangements:

1. Due to the lack of capacities within municipalities their importance in IPPC permitting procedure is low. Municipality’s participation in IPPC permitting is more a formality than a real activity. 2. There is unclear division of responsibilities/competencies between REPDs and Civil Safety authorities in the field of accident prevention measures. The REPDs are responsible to check signatures of officials from the Civil Safety authorities, which are responsible for implementation of accident prevention measures. However responsibilities of the Civil Safety authorities in IPPC permitting procedure are not specified. 3. Institutional capacity at the central level needs to be enhanced, especially for the updating/preparation of Guidance Documents and to complete annotations of BREFs and translation of EU BREFs. 4. The national emission pollutant register needs to be made operational. 5. There is a lack of modelling tools in all REPDs.

B.5. Trainees Review

The majority of the staff working with IPPC permitting are not specialized on one media only. Each of them covers at least two or three media. The average professional experience of the staff involved in non-IPPC permitting is 6 years; the majority of the staff is medium ranking. They have been involved in a total of 0 IPPC permits as lead, and they have contributed to another 0 IPPC permits. Some of the specialists from Vilnius REPD and Kaunas REPD have been involved in the pilot projects dealing with drafting of permit applications and IPPC permits.

The REPDs staff is quite experienced in non-IPPC permitting, but is inexperienced in IPPC permitting. There is no experience on issuing of IPPC permits as only a few applications on IPPC permits are under preparation, and have not yet been sent to the REPD by the operators. The majority of specialists have participated in the basic training courses on IPPC principles only. However, the staff of REPDs is not trained enough on IPPC permitting issues.

Based on the analysis and taking in consideration opinion of officials involved in permitting procedure, the conclusion can be drawn that staff numbers are insufficient. The number of employees dealing with permitting is as follows:  pilot Vilnius region have 3 specialists working with IPPC and non-IPPC permitting (total 6 employees work ½ time with permitting and ½ time with EIA). There are 27 IPPC installations in Vilnius region.

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 pilot Kaunas region have 3 specialists working with IPPC and non-IPPC permitting (total 6 employees work ½ time with permitting and ½ time with EIA). There are 30 IPPC installations in Kaunas region.  pilot Klaipeda region have 3 specialists working with IPPC and non-IPPC permitting (total 6 employees work ½ time with permitting and ½ time with EIA). There are 27 IPPC installations in Klaipeda region.  pilot Siauliai region have 4 specialists working with IPPC and non-IPPC permitting. There are 21 IPPC installations in Siauliai region. The similar situation exists in 4 non-pilot regions. The tables below provide for more information on staffing.

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Table B.5.7 (a) Staffing review and capacity overview in Vilnius pilot region Region 1. Vilnius Number of staff involved in IPPC 3 Educational background of staff Chemists Biologist Engineers Lawyers Others involved in IPPC permitting

2 1

Average years of professional experience (i.e. years since graduation) 20 years

Average duration of present employment 3,3 years

Position of staff involved in IPPC Junior Medium High 3 Media specialisation of staff Water Waste Air Other 3 2 2 Average number of training days of IPPC staff has been exposed to 6 Number of IPPC permits staff has been involved in as lead 0 Number of IPPC permits to which staff have contributed 0 Familiarity with the English language, summaries Good/very good Sufficient Not enough Not at all Speaking 1 2 Reading 1 2 Writing 1 2 Computer knowledge and familiarity No. of very advanced No. of experienced No. of inexperienced and No. of non-users and experienced users, users, using some of the occasional users, not using the full office office package conversant with e-mail package and e-mail and programmes and e-mail and internet internet facilities and internet facilities 3 Status of IT No. of staff fully No. of staff using No. of staff with e- No. of staff with No. of staff which equipped with PCs, Windows later than mail facilities internet has no - or only peripherals and win95 connections rarely - access to office package IT facilities 1 1 1 2 1

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(b) Staffing review and capacity overview in Kaunas pilot region Region 2. Kaunas Number of staff involved in IPPC 3 Educational background of staff Chemists Biologist Engineers Lawyers Others involved in IPPC permitting

2 1

Average years of professional experience (i.e. years since graduation) 24 years

Average duration of present employment 9 years

Position of staff involved in IPPC Junior Medium High 3 Media specialisation of staff Water Waste Air Other 3 3 3 Average number of training days of IPPC staff has been exposed to 6 Number of IPPC permits staff has been involved in as lead 0 Number of IPPC permits to which staff have contributed 0 Familiarity with the English language, summaries Good/very good Sufficient Not enough Not at all Speaking 2 1 Reading 2 1 Writing 2 1 Computer knowledge and familiarity No. of very advanced No. of experienced No. of inexperienced and No. of non-users and experienced users, users, using some of the occasional users, not using the full office office package conversant with e-mail package and e-mail and programmes and e-mail and internet internet facilities and internet facilities 2 1 Status of IT No. of staff fully No. of staff using No. of staff with e- No. of staff with No. of staff which equipped with PCs, Windows later than mail facilities internet has no - or only peripherals and win95 connections rarely - access to office package IT facilities 2 1 3 3

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(c) Staffing review and capacity overview in Klaipeda pilot region Region 3. Klaipeda Number of staff involved in IPPC 3 Educational background of staff Chemists Biologist Engineers Lawyers Others involved in IPPC permitting

Average years of professional experience (i.e. years since graduation) 23 years

Average duration of present employment 4 years

Position of staff involved in IPPC Junior Medium High 1 2 Media specialisation of staff Water Waste Air Other 1 1 1 Average number of training days of IPPC staff has been exposed to 6 Number of IPPC permits staff has been involved in as lead 0 Number of IPPC permits to which staff have contributed 0 Familiarity with the English language, summaries Good/very good Sufficient Not enough Not at all Speaking 2 1 Reading 1 1 Writing 1 1 Computer knowledge and familiarity No. of very advanced No. of experienced No. of inexperienced and No. of non-users and experienced users, users, using some of the occasional users, not using the full office office package conversant with e-mail package and e-mail and programmes and e-mail and internet internet facilities and internet facilities 2 1 Status of IT No. of staff fully No. of staff using No. of staff with e- No. of staff with No. of staff which equipped with PCs, Windows later than mail facilities internet has no - or only peripherals and win95 connections rarely - access to office package IT facilities 2 2 2 2

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(d) Staffing review and capacity overview Siauliai pilot region Region 4. Siauliai Number of staff involved in IPPC 4 Educational background of staff Chemists Biologist Engineers Lawyers Others involved in IPPC permitting

2 1 1

Average years of professional experience (i.e. years since graduation) 15 years

Average duration of present employment 6,8 years

Position of staff involved in IPPC Junior Medium High 4 Media specialisation of staff Water Waste Air Other 2 1 1 Average number of training days of IPPC staff has been exposed to 6 Number of IPPC permits staff has been involved in as lead 0 Number of IPPC permits to which staff have contributed 0 Familiarity with the English language, summaries Good/very good Sufficient Not enough Not at all Speaking 1 3 Reading 1 3 Writing 1 3 Computer knowledge and familiarity No. of very advanced No. of experienced No. of inexperienced and No. of non-users and experienced users, users, using some of the occasional users, not using the full office office package conversant with e-mail package and e-mail and programmes and e-mail and internet internet facilities and internet facilities 1 3 Status of IT No. of staff fully No. of staff using No. of staff with e- No. of staff with No. of staff which equipped with PCs, Windows later than mail facilities internet has no - or only peripherals and win95 connections rarely - access to office package IT facilities 2 3 3 3

Staff in Vilnius and Kaunas pilot region(s) accumulated more experience in IPCC permitting. These two regions have been involved in projects related to preparation of IPPC permits (Kaunas REPD – for chemical installation ACHEMA and Vilnius REPD – for producers of paper – VERKIAI and GRIGISKES). Staff in all regions reached low-ranks with a view to experience, and medium-ranks with a view to knowledge. All regions have similar level of knowledge and all staff within each of the region has similar level of training. The lowest level of knowledge is in a field of public participation, EPER, application of BAT, Trans boundary effects, noise and odour. The real problem is limited familiarity with the English language. BAT Reference Documents and other documents are in English. Only a few of these documents are available in Lithuanian.

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The assessment of the current administrative practices for the effective implementation of the IPPC Directive can be divided into three categories:

4. Procedures 5. Training related issues 6. Non-training related issues.

Procedural Issues

The IPPC Directive is fully transposed into Lithuanian legislation and the necessary implementing regulations have been adopted.

However, secondary legislation should specify requirements related to noise, odour, energy efficiency and prevention of site contamination. Transposition of Directive 2003/35/EC and Directive 2003/87/EC should be completed.

Eight regional environmental protection departments (REPDs) have the overall responsibility for issuing IPPC permits. REPDs have their local EPAs as subordinated bodies in each town and district. REPD and Local EPAs work together for preparation of IPPC permits. REPDs functions are clearly defined by the IPPC Permitting Rules. Functions for local EPAs are specified in REPDs statutes. REPDs at any time may consult with Quality Department of MoE, EPA or SEPI for the review of application forms and issuance of permits. REPD and SEPI are responsible for inspection of compliance with the IPPC permitting. Operators are responsible to reconcile an application with the municipalities and other relevant institutions, e.g. public health centres, county administrations (if relevant), veterinarian services, social safety services. EPA has established Working Groups for Preparation of Annotations to Information Documents for Best Available Technique. These WG support the co-ordination between different institutions. Representatives from industry, municipalities and other institutions may participate in the working groups and share responsibilities for IPPC permitting.

However, there are no clear lines for co-ordination with Civil Safety authorities in the field of accident prevention measures as responsibilities of the Civil Safety authorities in IPPC permitting procedure are not specified. Due to the lack of capacities within municipalities their activities in IPPC permitting procedure is more formality than a real.

The Minister of Environment has developed a comprehensive National Programme and Action Plan for the implementation of IPPC Permitting Rules. Guidance document on Application of IPPC Permitting Rules is also developed. The Guidance is available on Internet www.aaa.am.lt. REPD, MoE and all Internet users have access to this document.

However, this Guidance needs to be amended to take account of experience gained.

The strengths and weaknesses of the current procedural issues for the effective implementation of IPPC are summarised in the tables below.

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Table B.6.8 Capacity assessments of current procedural issues Strengths Weaknesses 1. IPPC Directive is fully transposed 1. Dir. 2003/35/EC and Dir. 2003/87/EC are not transposed 2. National Programme and Action 2. Secondary legislation does not specify Plan for the implementation of IPPC requirements related to noise, odour, energy directive is developed efficiency and prevention of site contamination 2. Single media permit system exists 3. General binding rules are not developed from 1991 3. Single institution (REPD) is 4. BREFs are not translated into Lithuanian responsible for IPPC permitting language 4. Guidance on Application of IPPC 5. Guidance on Application of IPPC Permitting Permitting Rules is developed Rules needs to be amended 5. Pollution Prevention division (as BAT 6. Lack of capacities within municipalities centre) is established within EPA 7. Responsibilities of the Civil Safety authorities in IPPC permitting procedure are not specified

Training Related Issues The majority of staff involved in IPPC permitting has participated in the basic training courses on IPPC principles. The staff has been exposed 3-6 days general training only. The staff is not trained enough on IPPC permitting issues, especially on application of BAT, requirements on noise, odour, trans boundary effects.

The strengths and weaknesses of the training related issues for the effective implementation of IPPC are summarised in the tables below.

Table B.6.9 Capacity assessment – training issues Strengths Weaknesses 1. The majority of the staff involved in 1. Lack of experience in IPPC permitting IPPC permitting has been exposed general training on IPPC principles 2. The staff has experience related to 2. The staff has little training on practical non-IPPC permitting of installation application of IPPC requirements 3. Specialists from Vilnius and Kaunas 3. Low English language skills REPDs have participate in pilot projects for preparation of IPPC permits

Non Training Issues The number of staff involved in IPPC permitting is insufficient. Employees dealing with permitting are ½ time involved in EIA procedures. The employees are overloaded with non- IPPC permitting. The similar problem (lack of 2-3 more staff) exists in all of 4 pilot regions.

There are no major problems related to a lack of hardware (computers etc) or lack of sufficient laboratories. The strengths and weaknesses of the non-training related issues for the effective implementation of IPPC are summarised in the table below. Table B.6.10 Capacity assessment – non-training issues Strengths Weaknesses 1. The staff has computers and other 1. The staff is overloaded with non-IPPC hardware equipment permitting and other functions 2. The REPDs have their own 2. Lack of 2-3 more staff in each of the pilot laboratories for effective control of regions. installation 3. The accredited central (EPA) laboratory supports laboratories of REPDs

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C. Annex I: Institutional Review - EIA

C.1. Introduction

The overall objective of the project “Capacity building in implementation of the environmental acquis” is to develop the ability of local and regional authorities to effectively implement environmental legislation, particularly in the domains of EIA and IPPC. This will be done through an approach that is tailored to the needs and conditions of each particular country, but also ensuring the possibility for countries to learn from the experiences of their neighbours.

One of the specific activities to be carried out by the project is an assessment of the strengths and weaknesses of the present administrative practices and capacities in the application of the relevant environmental acquis in the pilot areas selected in the country, with reference to the regulatory acts in each country which define the role of the local and regional authorities in implementation of environmental acquis.

This Capacity Assessment will form an essential background review of the current state of implementation and highlight any weaknesses, either in the administrative practices or in the capacity of the local/regional authorities, which may hinder the effective implementation of the national legislation transposing the EU acquis.

The Capacity Assessment is in two parts: this part, the Institutional Review, and a Training Needs Assessment. Together they form an important baseline for the preparation of training materials and programmes, which will thus be directed at the specific needs in the pilot regions.

This Institutional Review, on the implementation of the EIA Directive in Lithuania has been completed by the Country Manager, assisted by the national EIA experts and the national lawyers on the project team, based on information available and on interviews with the relevant authorities at both national and at local/regional level.

Section 2 of the Institutional Review provides an overview of the national legislation in place for EIA, and Section 3 looks at any Guidance Documents that have been prepared to provide information on implementation.

Section 4 examines the institutional arrangements for the implementation of the EIA procedures and the capacities of the competent authorities at local/regional level. Specific procedural issues for the effective implementation of the EIA legislation are examined in some detail in Section 5.

C.2. Legal Assessment

C.2.1. Legislation In 1999 Lithuania ratified the UN Convention on EIA in Trans-boundary Context (Espoo Convention) (Official Gazette, 1999, No 92-2688). Pursuant to the Lithuanian Constitution (Art. 138.3) international agreements, which are ratified by the Seimas, are constituent parts of the legal system of Lithuania.

In July 10, 2001 the Lithuanian Parliament (Seimas) ratified the UN/ECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. From this time the Aarhus Convention has obtained the same legal power as a Lithuanian law. The Aarhus Convention confers rights and duties to citizens and NGOs for participation in the decision-making process. Procedures for Public Information and Public Participation in the Environmental Impact Assessment Process, approved by the Minister of Environment Order No 277, specifies public participation in the EIA process.

Council Directive 2003/35/EC is not transposed yet, however draft legislation is currently being prepared.

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The following legislation deals with transposition and implementation of the EIA Directive:

 Law on Environmental Impact Assessment of the Proposed Economic Activity of Republic of Lithuania, Official Gazette, 1996, No 82-1965, as amended (Lietuvos Respublikos Planuojamos ūkinės veiklos poveikio aplinkai vertinimo įstatymas, Valstybės žinios, 1996, Nr. 82-1965, 1997, Nr.65 - 1553, 96 - 2428,) thereinafter referred to as Law on EIA.  Regulations on Preparation of the Environmental Impact Assessment Program and the Report, approved by the Minister of Environment order No 262 of 30 June 2000, Official Gazette, 2000, No 57-1697, as amended (Poveikio aplinkai vertinimo programos ir ataskaitų rengimo nuostatai, patvirtinti aplinkos ministro 2000-06-30 įsakymu Nr. 262, Valstybės žinios, 2000, Nr. 57-1697, su pakeitimais ir papildymais).  Methodological guidelines on the Screening of the Proposed Economic Activity, approved by the Minister of Environment order No 263 of 30 June 2000, Official Gazette, 2000, No 57-1698, as amended (Planuojamos ūkinės veiklos atrankos metodiniai nurodymai, patvirtinti aplinkos ministro 2000-06-30 įsakymu Nr. 263, Valstybės žinios, 2000, Nr. 57-1698, su pakeitimais ir papildymais).  Checklist on Assessment of Quality of the Conduction of Environmental Impact Assessment, approved by the Minister of Environment order No 305 of 17 July 2000, Official Gazette, 2000, No 65-1971 (Planuojamos ūkinės veiklos poveikio aplinkai vertinimo atlikimo kokybės įvertinimo atmintinė, patvirtinta aplinkos ministro 2000-07-17 įsakymu Nr. 305, Valstybės žinios, 2000, Nr.65-1971).  Procedures on Investigation of the Environmental Impact Assessment Documents within the Ministry of Environment and at Subordinated Institutions, approved by the Minister of Environment order No 333 of 07 August 2000, Official Gazette, 2000, No 69-2062, as amended (Planuojamos ūkinės veiklos poveikio aplinkai vertinimo dokumentų nagrinėjimo aplinkos ministerijoje ir jai pavaldžiose institucijose tvarka, patvirtinta aplinkos ministro 2000-08-07 įsakymu Nr. 333, Valstybės žinios, 2000, Nr. 69-2062, su pakeitimais ir papildymais).  The Order of Informing the public and public participation in the process of Environmental Impact Assessment , approved by the Minister of Environment order No 277 of 10 July 2000, Official Gazette, 2000, No 65-1970 (Visuomenės informavimo ir dalyvavimo planuojamos ūkinės veiklos poveikio aplinkai vertinimo procese tvarka, patvirtinta aplinkos ministro 2000-07-10 įsakymu Nr. 277, Valstybės žinios, 2000, Nr.65-1970.

The following horizontal legal acts are related to implementation of EIA procedures:

 Environmental Protection Law of the Republic of Lithuania, Official Gazette, 1992, No 5-75, as amended (Lietuvos Respublikos aplinkos apsaugos įstatymas, Valstybės žinios, 1992, Nr. 5-75, su vėlesniais pakeitimais ir papildymais).  Government Regulation No. 1175 of 22 October 1999 on the Procedures for the Provision of Environmental Information to the Public, Official Gazette, 1999, No 90-2660 (Lietuvos Respublikos Vyriausybės 1999-10-22 nutarimas Nr. 1175, Dėl informacijos apie aplinką Lietuvos Respublikoje teikimo visuomenei tvarkos”, Valstybės žinios, 1999, Nr. 90-2660).  Law on the Right of Access to Information Held by National and Local Authorities, Official Gazette, 2000, No. 10-236 (Lietuvos Respublikos teisės gauti informaciją iš valstybės ir savivaldybių institucijų įstatymas, Valstybės žinios, 2000, Nr. 10-236.  Law on State and Civil Service Confidentiality No. VIII-1443 of 25 November 1999.  Rules for Issuance, Renewal and Revocation of Integrated Pollution Prevention and Control Permits, approved by the minister of Environment order 80 of 2002-02-27, Official Gazette, 2002, No 81-3498, 85-3684; 2004, No 18-551.

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Brief overview of the legislation and interactions between different pieces of legislation Article 15 of the Law on Environmental Protection establishes the general obligation to legal or natural persons to carry out EIA when planning economic activities.

The Law on EIA with amendments transposes general requirements of the EU Directive 85/337/EEC as amended by Directive 97/11/EC. This Law establishes basic requirements for EIA procedures.

The main chapters of the Law on EIA are:

I. General provisions (definitions, participants of EIA process and their functions) II. Environmental Impact Assessment (explanation of EIA steps and procedures) III. Final provisions (EIA in Tran-boundary context, access to information)

Annexes:

Annex 1 List of the types of proposed economic activities that shall be subject to the EIA Annex 2 List of the types proposed economic activities that shall be subject to the screening for obligatory EIA.

Methodological guidelines on the Screening of the Proposed Economic Activity provides guidelines for the competent authority for performing screening on the basis of Initial information provided by the developer or preparer of EIA documents on his behalf. Annex I provides the content of the information that shall be provided by the developer. Based on this information, the MoE or empowered institution shall complete Annex II that contains a list of factors, related to the proposed economic activity and its potential environmental impacts. Annex II is used for control of the EIA system, as well as screening objectivity and final conclusion transparency reasons.

Regulations on Preparation of the Environmental Impact Assessment Program and the Report provides the recommended structure and the content of the Environmental Impact Assessment program and EIA report (EIS).

The Order of informing the public and public participation in the process of Environmental Impact Assessment regulates the process of informing the public about the EIA, as well as participation of the public in the environmental impact assessment. The Developer is responsible for informing the public (via announcements on the mass media) about the screening conclusion, public presentation of EIS as well as informing the public about the final decision regarding the proposed economic activity. Annex I to the Order provides form of the registration of motivated (justified) proposals of the public regarding EIA of the proposed economic activity and Annex II provides the form of evaluation of the motivated (justified) proposals of the public regarding EIA and EIS of the proposed activity.

Procedures on Investigation of the Environmental Impact Assessment Documents within the Ministry of Environment and at Subordinated Institutions, and amendments, defines the functions of the MoE and its subordinated and other institutions in the EIA procedure. Annex I to the Procedures provides list of the functions of the MoE and its subordinated institutions as well as clarifies co-operation issues. Annex II to the Procedures provides the content of the screening conclusion regarding obligatory EIA. Annex III provides content of the final screening conclusion regarding obligatory EIA. Annex IV provides the content of information of the decision if the proposed economic activity by virtue of its environmental impacts may be carried out.

Checklist on Assessment of Quality on Conducting the Environmental Impact Assessment gives guidance to the competent authority, relevant parties and the developer or preparer of EIA documents on his behalf, determining relevant EIA procedures and evaluating if the developer has provided complete information required to make a justified decision if the proposed activity may be carried out on the selected site.

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Steps of EIA according to Lithuanian EIA legislation include:

Screening - a hybrid approach of two project lists and screening threshold/criteria is used.

Scoping (preparation, review and adoption of EIA program) - scoping for environmental impacts report (statement) shall be decided by the competent authorities (MoE, EPA, REPD) taking into account remarks from relevant parties of EIA (state institutions responsible for health protection, fire-prevention, protection of cultural assets, development of economy and agriculture, and municipalities) and the public.

Environmental Impact Report (Statement) - the developer (preparer of EIA documents on his behalf) shall prepare the Environmental Impact Assessment Report (EIS) within the limits of the scoping (adopted EIA program), and shall submit the EIS to the competent authority (MoE, REPD, EPA). A content and structure of the EIS is given in the Regulations on Preparation of the Environmental Impact Assessment Program and the Report.

Public Hearing – the developer is responsible for arranging the public presentation of the EIA Report to the local public in an open public meeting. The Public may also submit motivated (justified) proposals regarding the EIA Report. These proposals shall be taken into account both by the competent authority and developer or preparer of EIA documents.

Review – Competent authorities (MoE, REPD and EPA) are in charge of the EIA process and the EIA documents quality control (reviewing). The CA co-ordinates the whole EIA process, ratifies the EIA program, examines proposals from the public and conclusions issued by other relevant parties.

Final Statement (decision on EIA) – Competent authorities (MoE, EPA or REPD) shall make their decision after examining the EIA Report, the conclusions from relevant parties and justified evaluations of the public proposals.

EIA and Planning Legislation Territorial planning requirements are set out in the new Law on Territorial Planning of the Republic Of Lithuania, Official Gazette, 2004, No 21-617. This Law defines the responsibilities of municipal, regional and central government institutions on general territorial planning, special territorial planning and detailed territorial planning.

The Law on Territorial Planning in specific cases requires the conducting of an EIA procedure during the preparation of special or detailed territorial planning.

In each stage of the EIA procedures the territorial planning documents are evaluated. Information related to sites of planned activities and descriptions of requirements for land use are constituent parts of the EIA programmes and other documents.

The Law on Construction of the Republic of Lithuania, Official Gazette, 1992, No 32-788, as amended, establishes general requirements for design and building of houses and economic objects. These requirements are specified in technical regulations entitled ‘STR’. In each case the EIA procedures can influence a proposed project in the phase of the pre-design development.

After a successful EIA (decision to grant development consent) the developer can continue with the design where all technical and technological details are clearly required, particularly those ones ensuring the mitigation measures, and submit this design for a construction permit.

If the Law on EIA does not require an EIA, but it is obvious that the construction (reconstruction) or exploration of the object will impact the environment, the developer has to prepare an environmental chapter for the technical (construction) project. The environmental chapter of the technical (construction) project must be reconciled with the EPA or relevant REPDs.

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EIA and IPPC Legislation Rules for Issuance, Renewal and Revocation of Integrated Pollution Prevention and Control Permits, approved by the minister of Environment order 80 of 2002-02-27, Official Gazette, 2002, No 81-3498, 85-3684; 2004, No 18-551, hereinafter referred to as IPPC Permitting Rules, transposes requirements of Council Directive 96/61/EC. IPPC Permitting Rules establishes procedures for issuance of IPPC permits.

The EIA is concluded before the issuance of an IPPC permit. Territorial planning documents and EIA documents are pre-conditions to the commencement of the IPPC procedure.

BAT application is common a requirement for both the EIA procedures and IPPC permitting. Regulations on Preparation of the Environmental Impact Assessment Program and the Report requires that BAT Reference Documents (BREFs) must be taken in consideration in EIA procedures. These BAT BREFs are also a basis for IPPC permitting.

In every actual case some data from EIA documents could be suitable for inclusion in the application of IPPC permits.

C.2.2. Screening In Lithuania a hybrid approach of two project lists and screening threshold/criteria is used. The developer of the proposed activity or preparer of EIA documents (on behalf of the developer) performs the first part of the screening and decides whether the proposed economic activity belongs to Annex I to the Law on EIA (obligatory EIA) or Annex II to the Law on EIA (activity may be subject for obligatory EIA). Where the proposed activity listed in Annex I (belongs to the project type that is not subject to threshold values set or threshold level set is exceeded), an EIA must be performed without further screening procedures by the competent authority. If the proposed economic activity is listed in Annex II then the project is subject to the case-by-case screening procedure based on the screening criteria by the competent authority (MoE, REPD or EPA).

The Law on EIA specifies two categories of proposed activities for which an EIA is required: Compulsory (Annex 1) and those for which the screening is required (Annex 2).

Annex I Projects Annex I to the Law on EIA provides the list of type of projects, which comprises of activities for which the EIA is compulsory. There might be two cases: projects with and without threshold values set. Annex II of the Law on EIA is in full compliance with Annex I of the EIA Directive. No exemptions are provided for in the Law on EIA.

Annex II Projects Annex II to the Law on EIA includes list of type of projects that are subject to the case-by-case screening procedure based on the screening criteria. There might be two possibilities: There is no threshold value or there is a certain threshold value for the project type.

Specific Cases of EIA In justified cases, especially if a proposed activity is to be carried out in the a protected area under special regulations or in the an area of a significant environmental burden, participants of the EIA process shall be entitled to require, and the competent authorities (MoE, REPD, EPA), taking into account nature, size or characteristics of location of the proposed economic activity – to decide that screening for obligatory EIA would be performed also for proposed activities that are not included in Annex I and Annex II to the EIA Law.

The MoE, REPD or EPA shall begin the proceedings referred to above on the basis of suggestions from participants of EIA (authorities of the state administration responsible for health care, fire-prevention, protection of cultural assets, planning of industry or agriculture; municipalities; developers; preparer of EIA documents and the public).

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Case-by-Case Examination Only projects that are in Annex II to the Law on EIA are subject to the case-by-case screening procedure based on the screening criteria. The Law on EIA provides the screening information requirements that are in line with selection criteria in Annex III to Directive 97/11/EC. The above-mentioned criteria are also incorporated into the Methodological Guidelines on the Screening of the Proposed Economic Activity.

Thresholds or Criteria In both Annexes of the EIA Law (List of the types of the projects for which EIA is obligatory and List of the types of projects that are subject to the case-by-case screening procedure) there are certain threshold criteria set. List of the activities with thresholds as well as competent authorities is provided bellow:

Competent authority: Ministry of Environment (MoE) reviews and adopts of EIA programmes (scooping), reviews of EIS, makes final decisions on:

Item Activity, facilities and installations Threshold values No. 1. EIA is performed in compliance with ESPOO Convention (Transboundary Context) 2. Nuclear power stations and other nuclear reactors No threshold values set, including decommissioning of such power stations or EIA is obligatory reactors (*) 3. Production, processing, enrichment, storage and No threshold values set, disposal of nuclear fuel EIA is obligatory 4. Installations for processing, usage, storage and disposal No threshold values set, of radioactive waste, including the decommissioning EIA is obligatory of such installations 5 Economic activity is proposed to be carried out in the territory of several Counties of the Republic of Lithuania, in the territories supervised by several Regional Environmental Protection Departments of the Ministry of the Environment or the proposed economic activity may cause impacts on the environment of Several Counties (regions) of the Republic of Lithuania.

Competent authority: Environmental Protection Agency (EPA) reviews and adopts of EIA program (scoping), reviews of EIS, makes final decisions for activities 1 (List I), 2 (List I) and 3 (List I) below. For other activities provided in table bellow, EPA is responsible only for screening and making screening decision. For further procedures REPD are responsible.

Item Activity, facilities and Threshold values No. installations List I EIA obligatory List II Screening procedures 1. Installation of dams is 5 million m3 or more Is less than 5 million m3 and ponds, when the but more than 200 amount of water held 000 m3, or the area is less back or stored) than 250 ha but more than 10 ha 2. Transfer of water is equivalent to is less than 100 resources between or exceeds 100 million cubic million cubic metres/year river basins where the metres/year or where the or where the multi-annual amount of water multi-annual average flow of average flow of the basin transferred Transfer of the basin of abstraction is of abstraction is less than water resources equivalent to or exceeds 2 000 2 000 between river basins million cubic metres/year and million cubic metres/year where the amount of where the amount of water and where the amount of water transferred transferred is equivalent water transferred is less to or exceeds 5 % of this flow than 5 % of this flow 3. Artificial groundwater annual volume of water annual volume of water recharge schemes recharged is equivalent to recharged is less than 10

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Item Activity, facilities and Threshold values No. installations List I EIA obligatory List II Screening procedures or exceeds 10 million cubic million cubic metres metres) 4. Lake purification and when purified of regulated regulation of lake water area exceeds 0,5 water level ha

Competent authority: Regional Environmental Protection Departments review and adopt of EIA program (scooping), review of EIS, make final decisions on activities: agriculture, silviculture and aquaculture as follows:

Item Activity, facilities Threshold values No. and installations List I EIA obligatory List II Screening procedures

1. Rearing of pigs 900 or more places for sows, less than 900 but more than 3 000 or more places for 200 places for sows, less than other pigs 3 000 but more than 700 places for other pigs 2. Rearing of poultry 85 000 or more places for less than 85 000 but more than broilers, 60 000 or more 10 000 places for broilers, less places for hens than 60 000 but more than 10 000 places for hens 3. Livestock - more than 200 places for the installations animals) 4. Rearing of other - more than 10 000 places for poultry other birds 5. Fish farming - in the sea or in the ponds with an area of the site of more than 5 ha 6. Water management - with an area projects for of more than 5 ha agriculture including irrigation and land drainage projects 7. Projects for the use - with an area of more than of uncultivated land 0,5 ha) for intensive agricultural purposes 8. Implementation of - combined projects for the restructuring of rural land holdings 9. Initial afforestation - with an area of more than 1 ha and deforestation for in the urban areas, and more the purposes of than 10 ha in the rural areas conversion to another type of land use 10. Reclamation of land No threshold value from the sea

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Activity: Extractive and processing industry

Item Activity, facilities and Threshold values No. installations List I EIA obligatory List II Screening procedures 1. Extraction and processing of oil of (excluding undertakings manufacturing only lubricants from crude oil) 2. Extraction of natural gas amount extracted exceeds amount extracted or 500 000 m3 per day processed is less than 500000 m3 per day 3. Peat extraction surface of the site of 150 surface of the site is less ha or more than 150 ha but more than 0, 5 ha 4. Quarrying and extraction of surface of the site is 25 ha surface of the site is less other mineral resources or more than 25 ha but more than 0,5 ha) 5. Extraction of mineral or organic No threshold value set substances from the bottom of the sea, lake or rivers 6. Deep drillings (geothermal No threshold value drilling, drilling for water supplies, mineral water extraction, etc., except drillings for investigating the stability of the soil) 7. Underground mining No threshold value

Activity: Energy industry

Item Activity, facilities and Threshold values No. installations List I EIA obligatory List II Screening procedures 1. Thermal power stations and with an output of 300 MW with an output of less than other combustion installations, or more 300 MW, but more than 20 including industrial installations MW for producing electricity, heat, steam or hot water 2. Gasification or liquefaction of with a capacity of 500 coal or bituminous shale tonnes/day or more 3. Installations for pipelines with a length over 2 km carrying steam or hot water 4. Installations for gas storage with a capacity of more than 10 000 m3 5. Installations for storage with a capacity of more than (warehouses and storage 1 000 t) grounds) of other types of fossil fuel 6. Briquetting of coal and lignite No threshold value 7. Installations for hydroelectric with a maximum power of energy production or more than 0,1 MW installations that use the hydroelectric energy (hydroelectric power stations, mills, sawmills) 8. Installations for the harnessing with a height of more than of wind power for energy 10 m, (including vane production (wind farms) length) or having 2 or more

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Item Activity, facilities and Threshold values No. installations List I EIA obligatory List II Screening procedures turbines

Activity: Production and processing of metals

Item Activity, facilities and Threshold values No. installations List I EIA obligatory List II Screening procedures 1. Initial smelting of cast-iron and No threshold value steel 2. Production of non-ferrous No threshold value metals from ore, concentrates or secondary raw materials by chemical, metallurgical or electrolytic processes 3. Processing of metallic ores No threshold value 4. Installations for the production No threshold value of ferrous metals (including pig iron and steel), (primary or secondary fusion and continuous casting) 5. Installations for the processing No threshold value of ferrous metals, including hot- rolling, forging, pressing, stamping, profiling and application of protective fused metal coats 6. Installations for the smelting or with a daily capacity alloyage of non-ferrous metals exceeding 30 tonnes (excluding precious metals), including recovered products (refining, foundry casting, etc.) 7. Installations for surface with annual capacity treatment of metals and plastic exceeding 50 000 m2 materials using an electrolytic or chemical process 8. Manufacture and assembly of when the main motor vehicles and manufacture installation area exceeds 1 of motor-vehicle engi 000 m2 9. Installations for the construction No threshold value and repair of ships (shipyards) 10. Installations for the construction No threshold value and repair of aircraft 11. Installations for manufacture or when the main installation repair of railway equipment area exceeds 1000 m2 12. Forging, pressing or swaging of No threshold value metals by explosives

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Activity: Industry of mineral construction materials

Item Activity, facilities and Threshold values No. installations List I EIA obligatory List II Screening procedures

1. Extraction of asbestos and processing and transformation of asbestos and products containing asbestos:

for asbestos products annual production is 20 000 annual production is less than tonnes or more of finished 20 000 tonnes of finished products products for friction material annual production is 50 tonnes annual production is less than or more of finished products 50 tonnes of finished products, for other uses of utilisation is 200 utilisation is less asbestos tonnes per year or more. than 200 tonnes per year. 2. Coke ovens (dry coal No threshold value distillation) 3. Installations for the No threshold value manufacture of glass or glass fibre 4. Installations for smelting with a daily mineral substances capacity exceeding 10 tonnes including the production of mineral fibres 5. Installations for with a daily capacity exceeding manufacture of ceramics 3 tonnes products 6. Installations for the No threshold value manufacture of cement 7. Manufacture of concrete with annual capacity exceeding construction materials 5000 m3

Activity: Chemical industry

Item Activity, facilities and installations Threshold values No. List I EIA obligatory List II Screening procedures 1. Manufacture on an industrial scale of the following chemical substances: - organic chemicals; - inorganic chemicals; - phosphorous-, nitrogen- or potassium- based fertilisers (including compound fertilisers); - other agrochemicals, including biocides - pharmaceutical products.

2. Installations for storage (warehouses and with a capacity of storage grounds) of petroleum, 200 000 tonnes or petrochemical, or chemical more products 3. Production of explosives No threshold value 4. Manufacturing of lubricants from crude oil No threshold value 5. Manufacturing or treatment of the following chemicals: pharmaceutical products daily capacity exceeds 1 tonne pesticides daily capacity exceeds 5

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Item Activity, facilities and installations Threshold values No. List I EIA obligatory List II Screening procedures tonnes paint and varnishes daily capacity exceeds 10 tonnes elastomers daily capacity exceeds 10 tonnes peroxides daily capacity exceeds 5 tonnes intermediate products daily capacity exceeds 10 tonnes 6. Building of storage facilities (warehouses with a capacity of less and storage grounds) for petroleum, than 200 000 tonnes but petrochemical and chemical more than 5000 tonnes products 7. Manufacture of artificial leather or fibre No threshold value

Activity: Textile, leather, wood and paper industries Item Activity, facilities and Threshold values No. installations List I EIA obligatory List II screening procedures 1. Production of paper and board with a production capacity with a daily production of 200 tonnes / day or capacity of less than 200 more tonnes but more than 20 tonnes 2. Production of cellulose and pulp No threshold value from timber or similar fibrous materials 3. Manufacturing of pulp No threshold value 4. Treatment of fibres or textiles with annual capacity exceeding 200 000 m2 5. Tanning of hides and skins with a daily capacity exceeding 500 m2 6. Production of wood fibre board with a daily capacity exceeding 5 000 m2 7. Production of wood shavings with a daily capacity board exceeding 100 m3 8. Production of plywood with a daily capacity exceeding 50m3

Activity: Objects of infrastructure andcivil engineering works Item Activity, facilities and Threshold values No. installations List I EIA obligatory List II Screening procedures 1. Construction of sea ports, piers which can take vessels of which can take vessels of or terminals (for loading and 1350 less than 1350 tonnes but unloading) tonnes or larger with an area of more than 1 ha 2. Construction of inland which can take which can take vessels of waterways, ports, piers or vessels of 1350 tonnes or less than 1350 terminals (for loading and larger tonnes but with an area of unloading) more than 1 ha 3. Construction of express No threshold value motorways and country level roads 4. Construction of a new road of (where such new road, or where such new road, or four or more lanes, or reconstructed section of reconstructed section of reconstruction of an existing road road would be 10 km or road would be less than 10

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Item Activity, facilities and Threshold values No. installations List I EIA obligatory List II Screening procedures as to provide four more in a continuous km, but more or more lanes length) than 2 km in a continuous length 5. Construction of lines for the main No threshold value public railway traffic 6. Construction of airports and with a basic runway length with a basic runway length airfields of 2100 m or more of less than 2100 m 7. Construction of pipelines for the with a diameter of 800 mm with a diameter of less than transport of gas, oil or chemicals or more and a length of 40 800 km or more mm and a length of less than 40 km but more than 2 km 8. Construction of overhead with a voltage of 110 kV or with a voltage of less than electrical power lines more and a length of 15 110 kV and a length of less km or more than 15 km but more than 3 km 9. Urban development projects, with a construction area including the construction of exceeding 0,5 ha shopping centres and complexes of car or trolley-bus parks and garages 10. Construction of elevated or with a length of more than 2 underground railways (except km lines for the main public railway traffic) 11. Construction of railway, motor, air with an area of more than or sea transport freight 0,5 ha distribution or transshipment facilities or terminals 12. Construction of district level with a length of more than 2 roads km 13. Deepening of the entrance No threshold value channels and water space of sea ports 14. Hydrotechnical flood-relief with an area of more than 1 installations ha 15. Installation of tramways, with a length of more than 2 underground railways or other km types of lines used exclusively or mainly for passenger transport 16. Installation of suspended lines with a length of more than (e.g. for cable-cars or funiculars) 500 m used exclusively or mainly for passenger transport 17. Installations of long-distance with a length of more than 1 aqueducts km 18. Coastal installations for No threshold value combating erosion or other types of coastal works capable of altering the coast such as dykes, moles, etc. 19. Groundwater abstraction where the annual volume of water abstracted is less than 10 million cubic metres but more than 350 000 cubic metres 20. Construction of bridges with a length of more than

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Item Activity, facilities and Threshold values No. installations List I EIA obligatory List II Screening procedures 250 m

Activity: Food industry Item Activity, facilities and Threshold values No. installations List I EIA List II Screening procedures obligatory

1. Manufacture of vegetable and with a daily capacity exceeding 5 animal oils and fats tonnes 2. Packing and canning of animal and with a daily capacity exceeding 5 vegetable products tonnes 3. Manufacture of dairy products, milk with a daily capacity exceeding 50 processing tonnes 4. Malting and beer manufacture with a daily capacity exceeding 10 tonnes of malt or 10000 l of beer 5. Manufacture of bread products with a daily capacity exceeding 10 tonnes 6. Confectionery and syrup with a daily capacity exceeding 5 manufacture tonnes 7. Sugar manufacture No threshold value 8. Installations for the slaughter of with a daily capacity exceeding 10 animals tonnes of carcasses 9. Starch or starch products with a daily capacity exceeding 5 manufacturing tonnes 10. Meat and fish processing with a daily capacity exceeding 5 tonnes 11. Manufacturing of yeast with a daily capacity exceeding 2 tonnes 12. Production of alcohol with a daily capacity exceeding 1000

Activity: Rubber industry Item Activity, facilities and Threshold values No. installations List I EIA List II screening procedures obligatory 1. Manufacture and treatment of with a daily capacity exceeding 15 elastomer-based products tonnes

Activity: Tourism and leisure Item Activity, facilities and Threshold values No. installations List I EIA List II screening procedures obligatory 1. Yacht or boat marinas with an area of more than 0,2 ha 2. Holiday villages and hotel with an area of more than 0,5 ha complexes outside urban areas 3. Permanent camp site installations with an area of more than 1 ha 4. Theme parks with an area of more than 0,5 ha

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Activity: Other types of proposed economic activities Item Activity, facilities and Threshold values No. installations List I EIA obligatory List II screening procedures

1. Groundwater abstraction where the annual volume of water abstracted is equivalent to or exceeds 10 million cubic metres 2. Waste water treatment plants of with a capacity with a capacity of less than 50 cities, towns and villages equivalent to or 000 population equivalent but exceeding 50 more than 2 000 000 population population equivalent equivalent -industrial waste water treatment plant 3. Installations for disposal or usage of No threshold value hazardous waste 4. Installations for disposal or usage of With a capacity non-hazardous waste via equivalent to or incineration or chemical treatment exceeding 100 tonnes per day 5. Permanent racing or test tracks for with an area of more than 1 ha motorised vehicles 6. Installations for disposal or usage of No threshold value non-hazardous waste 7. Installations for deposition or No threshold value utilisation of sludge from the waste water treatment plants or for other types of contaminated sludge or site-selection for the utilisation (deposition) of such sludge 8. Selection of the dumping sites for No threshold value extracted soil 9. Installations for the storage of scrap with an area of more than 0,5 iron, including scrap vehicles ha 10. Test benches for engines, turbines with an area of more than 500 or reactors m2 11. Installations for the recovery or No threshold value destruction of explosive substances, or selection of the sites for such recovery or destruction 12. Knackers' yards with daily capacity of more than 10 animals 13. Production of galvanic batteries with annual capacity of over 5 000 units 14. Extraction of sediments from the No threshold value bottom of the sea or inner water bodies for such purposes as construction, "beach-feeding" or industry. 15. Industrial estate development with an expansion area of projects more than 0,5 ha 16. Production of ammunition No threshold value 17. Installation of television / radio with a combined transmitting transmitters and radars capacity of 20 kW and more 18. Crematoria installations No threshold value

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Competent authority – Regional Environmental Protection Departments may also require EIA screening in two cases:

1. A proposed economic activity included in the List of the Types of Proposed Economic Activities that shall be Subject to the Environmental Impact Assessment, which is undertaken for the development or testing of new methods or products and not used for more than two years

2. Changing or extending the proposed economic activity (including reconstruction of existing construction works, change or modernisation of production process or technologies, change of the mode of production, production type or capacities, implementation of new technologies and other changes which may have adverse effects on the environment) included in the List of The Types of Proposed Economic Activities that Shall be Subject to the Environmental Impact Assessment or in the List of the Types of Proposed Economic Activities that Shall be Subject to the Screening for Obligatory Environmental Impact Assessment.

All participants of the EIA process shall be entitled to require, and the competent authorities (MoE, REPD, EPA), taking into account nature, size or characteristics of location of the proposed economic activity – to decide that screening for obligatory EIA would be performed also for proposed activities that are not included in Annex I and Annex II to the Lithuanian EIA Law.

Projects Exempt from the EIA Procedure No projects are excluded from EIA procedure in Lithuania.

C.2.3. Status of Transposition The Law on EIA and the legal acts referred to in Section 2.1 fully transpose the requirements of the EU Directive 85/337/EEC as amended by Directive 97/11/EC.

C.2.4. Directive 2003/35/EC On July 10, 2001 the Lithuanian Parliament (Seimas) ratified the UN/ECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. Pursuant to the Lithuanian Constitution (Art. 138.3) international agreements, which are ratified by the Seimas, form a constituent part of the legal system of Lithuania. This means that Aarhus Convention has the same legal power as a Lithuanian law.

Draft legal acts for transposition of Directive 2003/35/EC are under discussion. Amendments to the IPPC permitting regulation and other legal acts will be adopted in 2004.

C.3. Publicly Available Guidance Documents

The Manual for EIA Procedures in Lithuania prepared by the MoE in 2001 are available in Lithuanian and English languages.

This manual provides an overview of the national legislation (including texts of the laws based on Lithuanian legislation in force on 1 January 2001), provides detailed explanations of the national EIA procedures, explanation and guidance on screening, explanation and guidance on scooping, and public participation. This manual is directed towards all participants of the EIA process - competent authorities, participants (relevant parties, developers, preparers of EIA documents), general public etc. Electronic as well as printed versions of the manual are available at the Ministry of Environment as well as at the website of the MoE.

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The following guidance documents were taken into account in preparing national legislation and guidelines:

 Draft Guidance on EIA Scoping, June 2001, prepared for the European Commission by ERM

 Draft Guidance on EIA Screening, June 2001, prepared for the European Commission by ERM

 Draft Guidance on EIA EIS Review, June 2001, prepared for the European Commission by ERM

 Principles of Environmental Impact Assessment Best Practice, 1999, prepared by the International Association for Impact Assessment (IAIA)

Guidelines on dealing with the public in the Environmental Impact Assessment process were prepared by the Ministry of Environment in 2002. These guidelines are targeted towards developers and preparers of EIA documents as how to deal with the public in EIA process.

In addition a number of specific recommendations for EIA for specific types of projects have been prepared:

 Recommendations R 41-02 for Accident Risk Assessment for proposed economic activity (Ministry of Environment, 2002)

 Recommendations R 44-03 for Environmental Impact Assessment for Installations for the harnessing of wind power for energy production (Ministry of Environment, 2003)

 Recommendations R 43-03 for Environmental Impact Assessment for Installations for hydroelectric energy production (Ministry of Environment, 2003)

 Recommendations R 42-02 for Environmental Impact Assessment for landfills (Ministry of Environment, 2002)

C.4. Institutional Arrangements

C.4.1. Competent Authorities – Overview There are three competent authorities in the EIA process in Lithuania: Ministry of Environment (MoE), Environmental Protection Agency (EPA) and Regional Environmental Protection Departments (of which there are 8).

Table C.4.11 shows the division of responsibilities between different layers of government (national, regional, local) for specific obligations relating to EIA.

Table C.4.11 Competent Authorities for EIA Responsibilities Central Regional Relevant Comments MoE, EPA REPD parties Deciding whether See list of activities and a project requires MoE REPD competent authorities in an EIA EPA chapter 2.2

Making the EIA MoE REPD decision EPA Issuing guidance on EIA MoE Trans-boundary With the help of REPD issues MoE Issues of *Not yet defined in EIA commercial legislation

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Responsibilities Central Regional Relevant Comments MoE, EPA REPD parties confidentiality* Consultation with MoE REPD Lithuanian Geology other authorities Service near the Ministry of Environment Ensuring public MoE REPD consultations EPA Inspection REPD Enforcement MoE REPD EPA Maintaining an MoE EIA register Making MoE REPD information available to the public

C.4.2. Competent Authority for EIA There are three competent authorities in the EIA process in Lithuania: Ministry of Environment (MoE), Environmental Protection Agency (EPA) and Regional Environmental Protection Departments. The division of responsibilities between the three competent authorities depends of the type of project as listed in Section 2.2.above. .

C.4.3. Statutory Consultation Authorities Pursuant to Articles 2.5, 5.1(2) and 7.4 of the Law on EIA the authorities likely to be concerned by the project by reason of their specific responsibilities (institutions of municipalities, health care organizations, organizations for protection of cultural heritage, others) are participants in the EIA procedures. They are given an opportunity to express their opinion on the information supplied by the developer and on the request for development consent. These authorities are involved in the EIA procedure on a case-by-case basis.

C.4.4. Institutional Capacity at Central Level Table C.4.12 Institutional capacity at central level Activity No. of staff* Are there sufficient Comments** staff for the task (Y/N) Preparing Legislation 4 Y In the past, mainly through bilateral projects with support of foreign experts Preparing general 2 Y Guidance Documents Preparing Internal 2 Y Procedural Manuals Maintaining national 0,5 Y registers (on projects, decisions etc ) Legal Advisers 1 Providing advice to the Y regional/local authorities 1 Support staff -

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C.4.5. Institutional Capacity at Regional/Local Level

Table C.4.13 Institutional Capacity at Regional/Local Level Kaunas Marijampolė Vilnius Klaipeda Šiauliai Alytus Panevėžys Utena Activity Region Region Region Region Region Region Region Region No. EIA 39 43 50 12 11 22 12 11 applications 2003 No. EIA applications 16 20 23 7 15 9 1 6 2004-05-07 No. Staff for EIA 3 3 7 5 3 5 2 4 determinations No. Support staff ------No. Staff for maintaining 0,5 0,5 0,5 5 0,5 5 0,5 0,5 registers No. Staff at other statutory ------authorities No. Support staff ------No. Legal ------advisers No. Computers in 3 3 7 5 5 2 4 EIA Dept. Is register N N N N N Y Y Y electronic (Y/N) Is there an electronic connection with N N N N N N N N the central authority (Y/N) Is public Y Y information Y Y (Own web (Own web Y Y Y Y available on-line site) site) (Y/N)

C.5. Procedural Issues

C.5.1. The EIA

Initial information The Law on Territorial Planning requires collecting some initial information related to EIA for the Physical planning documentation. This initial information is important for the performance of a fair EIA process. For example, if a proposed activity is to be carried out in the protected area under special regulations or in the area of a significant environmental burden, participants of the EIA process shall be entitled to require, and the competent authorities (MoE, REPD, EPA), taking into account nature, size or characteristics of location of the proposed economic activity – to decide that screening would be performed also for proposed activities that are not included in Annex I and Annex II to the Law on EIA. The MoE, REPD or EPA shall begin the proceedings referred to above on the basis of suggestions from participants of EIA. Participants of EIA are authorities of the state administration responsible for health care, fire-prevention, protection of cultural assets, planning of industry or agriculture; municipalities; developers; preparer of EIA documents and the public.

Screening The developer must provide to the competent authority information on characteristics of selected sites and proposed activities. This information must be in line with Annex I of the

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Methodological Guidance on the Screening of Proposed Activity. If needed, the CA may require provision of additional information. The developer himself must prepare the information, or he can do this outside using outside consultants. There are no special requirements on authorisation of accreditation of consultants. However information about the consultant must be provided in the EIA documents.

Scoping The scope of the EIA is established during the preparation and approval of the EIA programme. The developer or his consultant (a preparer of EIA documents) prepares the EIA programme in accordance with the Law on EIA and the Regulations on Preparation of the Environmental Impact Assessment Program and the Report. The Annex to this Regulation defines the structure and content of the programme. The prepared programme is submitted to the relevant parties of the EIA procedure. They can examine the programme within 10 working days and provide conclusions to the developer or to his consultant (preparer of EIA documents). The Regulations on Preparation of the Environmental Impact Assessment Program and the Report provides a recommended list of information, which the developer must collect and evaluate. This Regulation informs the developer about the authorities that may hold relevant information or legal acts related to such information.

Assessing The Environmental Impact The Procedures on Investigation of the EIA Documents within the Ministry of Environment, and at Subordinated Institutions, require assessing direct and indirect effects of the proposed project, and provision and assessment of the main alternatives. At this stage issues identified through scoping are analysed and expected impacts must be defined. This analysis should identify the types of impact and predict the significance of those impacts. The Procedures define the functions of the MoE and its subordinated and other institutions in the EIA procedure. Annex I to the Procedures provides the list of functions of the MoE and subordinated institutions, and clarifies co-operation issues. Annex II to the Procedures provides the content of the screening conclusion regarding obligatory EIA. Annex III provides the content of the final screening conclusion regarding obligatory EIA. Annex IV provides the content of information of the decision if the proposed economic activity by virtue of its environmental impacts may be carried out. If needed, the CA may require provision of additional information. No time period(s) are laid down for the CA to request ‘further information’ but the CA must investigate additional information within 20 working days. The time period(s) are not laid down for the developer to comply with this request. If the developer fails to supply the further information the CA cannot approve the EIA report.

Time The CA must make a decision on the application for development consent within 95 working days if the proposed economic activity needs the screening process. The EIA process takes an additional 15 days if additional information is needed. The CA must make a decision on the application for development consent within 75 working days if the screening process is not required. Again the EIA process takes additional an 15 days if additional information is needed. A positive decision is valid for 5 years.

C.5.2. Statutory Consultation Authorities All relevant statutory parties make conclusions regarding the EIA Report and the possibilities to carry out the proposed activity. The detailed procedural arrangements for consultation with the statutory consultation authorities are provided in the Regulations on Preparation of the Environmental Impact Assessment Programme and the Report and the Procedures on Investigation of the EIA Documents within the Ministry of Environment and at Subordinated Institutions. There is no requirement in Lithuanian legislation concerning consultations with IPPC competent authorities.

C.5.3. Trans-Boundary Considerations Article 11 of the Law on EIA provides that in cases when the proposed activity may cause a significant negative impact on the environment of any foreign country which is a party to the

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1991 UN Convention on EIA in Trans-boundary Context or upon request from a such state, the EIA must be performed in compliance with the Convention and international agreements.

Projects Likely to Have Significant Effects on Another Member State Lithuania ratified the UN Convention on EIA in Trans-boundary Context (Espoo Convention) in 1999 (Official Gazette, 1999, No 92-2688).

No detailed provisions exist in Lithuanian legislation concerning providing information to another Member State (and accession countries).

Consultations with other states that are likely to be negatively affected by the proposed activity are based on bilateral agreements between the Republic of Lithuania and the relevant state. Bilateral agreements related to co-operation in the environmental sector exist with neighbouring countries.

Projects in Another Member State Likely to Have Significant Effects on National Territory No detailed provisions exist in Lithuanian legislation concerning information which can be requested from other countries.

C.5.4. Issues of Confidentiality Any application for classification of information as confidential must be based on valid reasons and its use shall be restricted, particularly where the data on the location of activity, pollution, environmental impact assessment, planned environmental protection measures (including alternative measures) is presented. In the case where confidential data submitted by the developer may be classified as commercial and industrial secrets under the laws in force, such data may not be disseminated or otherwise presented to third parties without a written consent of the operator. The REPDs are responsible for ensuring that confidential information is kept off the public register.

Rather interestingly, it is the developer who states what information is confidential and the REPD must simply go along with that decision.

C.5.5. Public Information and Consultation The Lithuanian Law on EIA defines the rights and functions of the public, ensuring public participation throughout the whole process of Environmental Impact Assessment:

 In the screening stage the public receives information about the screening conclusion (or information about the upcoming obligatory EIA in those cases when the proposed activity is included in the List of the Types of Proposed Economic Activities that Shall Be Subject to the Environmental Impact Assessment);

 During the stage of the EIA Report preparation, the public participates in an open meeting, organised by the organizer (developer) and also may submit motivated (justified) proposals regarding the environmental impact assessment and EIA Report. These proposals shall be taken into account both by the competent authority and the organizer (developer).

 In the decision making stage, the public receives information about the decision if the proposed economic activity, by virtue of its nature and environmental impacts, may be carried out on the chosen site both from the organiser (developer) and the competent authority.

Provisions of the Law on EIA also ensure that the public will be able to obtain information from other participants of the EIA process about potential environmental effects of the proposed

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economic activity, and that the organizer (developer) of a proposed economic activity will finance and organize public participation in the environmental impact assessment process.

C.5.6. Taking Account of Information and Consultation Opinions and Information on Decisions Procedural details of public participation are provided in the Order of Informing the Public and Public Participation in the Process of Environmental Impact Assessment, approved by the Ministry of Environment. There are three stages of public participation defined in the Order:

(1) about the upcoming environmental impact assessment of a proposed activity if it is included in the List of the Types of Proposed Economic Activities that Shall Be Subject to the Environmental Impact Assessment or about the screening decision if the proposed activity is included in the List of the Types of Proposed Economic Activities that Shall Be Subject to the Screening for Obligatory Environmental Impact Assessment or if participants of the environmental impact assessment process require and the competent authority decides that screening shall be performed also for a proposed activity not included in the Lists;

(2) Public presentation of the EIA report to the public

(3) Informing the public about the decision of the competent authority.

During the first stage, the organiser (developer) of the proposed economic activity is obliged to inform the public about the obligatory EIA or the screening conclusion by announcing information required by the provisions of the Order in the places of public gatherings (e.g. on the municipal announcement boards), in the press of the city (-ies) or district (-s) where the proposed activity is planned to be carried out, and if the proposed activity is included in the List of the Types of Proposed Economic Activities that shall be subject to the Environmental Impact Assessment - also in the national press and, if possible, on the radio and television.

On the request of the public, the competent authority is obliged to provide more comprehensive information about the screening decision. Having all this information, the public may require to reconsider the screening conclusion by presenting justified proposals to the competent authority within 10 days from the date the screening conclusion is published.

If the final reconsidered conclusion conflicts with the initial screening conclusion, the organiser (developer) shall inform the public again (if both conclusions are the same, it's the competent authority's obligation to provide a motivated answer regarding the final screening conclusion to the members of the public that have submitted the proposals). Throughout this stage (until the public meeting is commenced) the public may also submit their proposals regarding the ongoing EIA to the organiser (developer).

The organiser (developer) is obliged to register all the proposals in a special form provided in the Annex of the Order of Informing the Public and Public Participation in the Process of Environmental Impact Assessment.

During the second stage the organiser (developer) of the proposed economic activity is obliged to organise a public meeting where information about the proposed activity and the EIA Report is presented, the questions of the public are answered, the question of the public are answered and evaluated (also those received in written form before the meeting). The organiser (developer) is required to make an announcement about the meeting via means of mass media already noted above, at least 10 days in advance of the public hearing. The Order requires that the public meeting should be held in the territory of the administrative unit (-s) in which the proposed activity is intended to be carried out and should be held during the non-working hours (advisable on weekends and holidays).

Proposals of the public are taken into account by the organizer (developer) or the preparer of the EIA documents during amendments of the EIA Report. The analysis of the public proposals, prepared by the organiser (developer), is submitted to the competent authority together with the Report and the conclusions of the relevant parties

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The third stage consists of two correlative procedures. Firstly, the competent authority, after making its decision regarding the proposed activity, places in its Internet homepage (and if the proposed activity is included in the List of the Types of Proposed Economic Activities that shall be subject to the Environmental Impact Assessment, also in the official newspaper "Valstybes Zinios"), the following information:

 Information on the content of the decision and any conditions attached thereto,

 The main reasons and considerations on which the decision is based, and, if needed,

 The main mitigation/compensation measures.

On the request of the public the competent authority is obliged to provide more comprehensive information about its decision on the possibility to carry out the proposed economic activity in the chosen site. Secondly, after receiving the decision of the competent authority, the organiser (developer) is obliged to inform the public about the decision providing brief information via the above mentioned means of the mass media.

C.5.7. Appeals The appeal procedures are not specified in Lithuanian legislation on EIA. Administrative laws can be applied in cases if the developer does not agree with the decision that an EIA is required for the project. The developer has the right to appeal to court in accordance with the procedure established by the administrative laws. It is the usual practice that the developer and the Ministry of Environment try to negotiate at an early stage for the settlement of the dispute. In the case if the developer does not agree with the decision of the Ministry of Environment, he may appeal to court in accordance with the procedure established by the laws.

In the case if the public feels that there was not proper public consultation or the public does not agree with the decision to EIA consent or with the conditions of it, the public may lodge a complaint to a regional Administrative Court or to appeal first to an Administrative Disputes Commission. Five Regional Administrative Courts hear complaints filed by citizens against individual acts passed by regional or municipal bodies.

The ‘public’ in each case means the public concerned and NGOs.

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D. Annex I: Institutional Review - IPPC

D.1. Introduction

The overall objective of the project “Capacity building in implementation of the environmental acquis” is to develop the ability of local and regional authorities to effectively implement environmental legislation, particularly in the domains of EIA and IPPC. This will be done through an approach that is tailored to the needs and conditions of each particular country, but also ensuring the possibility for countries to learn from the experiences of their neighbours.

This Institutional Review, on the implementation of the IPPC Directive in Lithuania has been completed by the Country Manager, assisted by the national IPPC experts and the national lawyers on the project team, based on information available and on interviews with the relevant authorities at both national and at local/regional level.

Section 2 of the Institutional Review provides an overview of the national legislation in place for IPPC, and Section 3 looks at any Guidance Documents that have been prepared to provide information on implementation.

Section 4 examines the institutional arrangements for the implementation of the IPPC procedures and the capacities of the competent authorities at local/regional level. Section 5 provides information on the numbers of installations covered by the IPPC legislation in the pilot regions. Finally, specific procedural issues for the effective implementation of the IPPC legislation are examined in some detail in Section 6. The Annex provides details of all IPPC installations in the country, by industrial sector.

D.2. Legal Assessment

D.2.1. Legislation Requirements of the Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (IPPC) are fully transposed into Lithuanian legal acts.

Basic requirements of the IPPC Directive are laid down in the Rules for Issuance, Renewal and Revocation of Integrated Pollution Prevention and Control Permits, approved by the Minister of Environment Order 80 of 27 February 2002, hereinafter referred to as IPPC Permitting Rules.

The following legislation deals with transposition and implementation of the IPPC Directive:

1)Environmental Protection Law of the Republic of Lithuania, Official Gazette, 1992, No 5-75, as amended (Lietuvos Respublikos aplinkos apsaugos įstatymas, Valstybės žinios, 1992, Nr. 5-75, su vėlesniais pakeitimais ir papildymais);

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2)Rules for Issuance, Renewal and Revocation of Integrated Pollution Prevention and Control Permits, approved by the Minister of Environment Order 387 of 2002-02-27, Official Gazette, 2002, No 81-3498, 85-3684; 2004, No 18-551 (Taršos integruotos prevencijos ir kontrolės leidimų išdavimo, atnaujinimo ir panaikinimo taisyklės, parvirtintos aplinkos ministro 2002-02-27 įsakymu Nr. 80, Valstybės žinios, 2002, Nr. 81-3498, 85-3684; 2004, Nr. 18-551); 3)Programme on Implementation of Requirements of the European Council Directive 96/61/EC concerning integrated pollution prevention and control in Lithuania, approved by the Minister of Environment Order 117 of 2001 02 26 (ES Tarybos direktyvos 96/61/EB dėl taršos integruotos prevencijos ir kontrolės reikalavimų įgyvendinimo Lietuvos Respublikoje programa, patvirtinta aplinkos ministro 2001-02-26 įsakymu Nr. 117); 4)MoE Order 682 of December 19, 2003 on Approval of Statute of Working Groups for Preparation of Annotations to Information Documents for Best Available Technique, Official Gazette, 2004, No 34-1113 (Aplinkos ministro 2003-12-19 įsakymas Nr. 682 Dėl techninių darbo grupių geriausių prieinamų gamybos būdų informacinių dokumentų anotacijoms rengti nuostatų patvirtinimo, Valstybės žinios, 2004, Nr. 34-1113); 5)Procedures on Provision of Data about Emissions and Pollution Sources, approved by the Minister of Environment Order 136 of 2002 03 27, Official Gazette, 2002, No 89-3808 (Duomenų apie taršos šaltinius ir iš jų išmetamus pagrindinius teršalus pateikimo tvarka, patvirtinta aplinkos ministro 2002-03-27 įsakymu Nr. 136, Valstybės žinios, 2002, No 89- 3808) hereinafter referred to as Procedures on EPER; 6)Law on Environmental Impact Assessment of the Republic of Lithuania, Official Gazette, 1996, No 82-1965, as amended (Lietuvos Respublikos Planuojamos ūkinės veiklos poveikio aplinkai vertinimo įstatymas, Valstybės žinios, 1996, Nr. 82-1965), thereinafter referred to as Law on EIA. 7)Water Law of the Republic of Lithuania, Official Gazette, 1997, No 104-2615; 2003, No 36- 1544 (Lietuvos Respublikos vandens įstatymas, Valstybės žinios, Nr. 104-2615; 2003, Nr 36-1544); 8)Law on Waste Management of the Republic of Lithuania Official Gazette, 1998, No 61-1726; 2002, No 72-3016 (Lietuvos Respublikos atliekų tvarkymo įstatymas, Valstybės žinios, Nr. 61-1726; 2002, Nr. 72-3016); 9)Ambient Air Protection Law of the Republic of Lithuania, Official Gazette, 1999, No 98-2813 (Lietuvos Respublikos aplinkos oro apsaugos įstatymas, Valstybės žinios, Nr. 1999, Nr. 98-2813); 10) Law on Monitoring of the Republic of Lithuania, Official Gazette, 1997, No 112-2824 (Lietuvos Respublikos aplinkos monitoringo įstatymas, Valstybės žinios, Nr. 1997, No 112-2824); 11) Government Regulation No. 1175 of 22 October 1999 on the Procedures for the Provision of Environmental Information to the Public, Official Gazette, 1999, No 90-2660 (Lietuvos Respublikos Vyriausybės 1999-10-22 nutarimas Nr. 1175 ,,Dėl informacijos apie aplinką Lietuvos Respublikoje teikimo visuomenei tvarkos”, Valstybės žinios, 1999, Nr. 90-2660); 12) Law on State and Civil Service Confidentiality No. VIII-1443 of 25 November 1999.

Brief overview of the legislation and interactions between different pieces of legislation

Article 19 of the Law on Environmental Protection establishes the general obligation to legal or natural persons to obtain a permit prior to starting operations of an installation.

IPPC Permitting Rules establishes the procedure for permitting. IPPC Permitting Rules completed legal transposition of the IPPC Directive. This document came into force from January 1, 2004.

IPPC Permitting Rules covers a broader scope of installations than the IPPC Directive requires. Annex I of the IPPC Permitting Rules provides a list of installations equivalent to those in Annex I of the IPPC Directive. These installations must meet all requirements provided in the IPPC Directive. Annex II of the IPPC Permitting Rules provides criteria for permitting of middle size or small companies which the IPPC Directive does not cover. These criteria are based on quantity of pollutants emitted or effluents discharged or water used or waste generated. These installations must meet emission limit values and quality standards set out in Lithuanian legislation but not necessarily BAT requirements.

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The Minister of Environment developed a comprehensive National Programme and Action Plan for the implementation of IPPC Permitting Rules. A Guidance Document on Application of IPPC Permitting Rules is also developed.

Procedures on Provision of Data about Emissions and Pollution Sources approved by the Minister of Environment, transposes the EU requirements on EPER.

D.2.2. Categories of Industrial Activities Annex I of the IPPC Permitting Rules covers all the installations listed in Annex I of the IPPC Directive.

Threshold values referred to in Annex I of the IPPC Permitting Rules are the same as threshold values of Annex I of the IPPC Directive.

IPPC Permitting Rules defines threshold values as ‘design capacity’ of the installation (Annex I of the IPPC Permitting Rules). But in the case where an operator does not plan to use a specific part of the installation and does not apply for a permit for that part, threshold values for this specific installation may be recognised as ‘operational capacity’. This is the only difference between IPPC installations and installations referred to in Annex I of the IPPC Directive.

D.2.3. One Integrated Permit or Several Permits A single media integrated permit system for installations has been established since 1991. One permit for emissions to air, water and waste treatment, water consumption, usage of natural resources and monitoring is required by the existing permitting system.

Only one institution – the Regional Environmental Protection Department (REPD) - is responsible for issuance of IPPC permits.

D.2.4. General Binding Rules No general binding rules are developed until now. The Ministry of Environment (MoE) plans to start drafting the first general binding rules for farms in 2004.

D.2.5. Status of Transposition Requirements of the Council Directive 96/61/EC of 24 September 1996 concerning Integrated Pollution Prevention and Control are fully transposed into Lithuanian legal acts. But requirements related to noise, odour, energy efficiency, and prevention of site contamination need to be specified in secondary legislation.

D.2.6. Directives 2003/35/EC and 2003/87/EC Directive 2003/35/EC amends the IPPC Directive (and the EIA Directive) with regard to public participation and access to justice requirements, and implements requirements of the Aarhus Convention. The Directive entered into force on the 25th June 2003, and has to be transposed into national legislation by the 25th June 2005 at the latest.

July 10, 2001 Lithuanian Parliament (Seimas) ratified the UN/ECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. Pursuant to Lithuanian Constitution (Art. 138.3) international agreements, which are ratified by the Seimas, are a constituent part of the legal system of Lithuania. It means that the Aarhus Convention has obtained the same legal power as a Lithuanian law.

Draft legal acts for transposition of Directive 2003/35/EC are under preparation. Amendment to IPPC Permitting Rules and other legal acts will be adopted in the beginning of 2005.

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Directive 2003/87/EC establishes a scheme for greenhouse gas emission trading and amends the IPPC Directive. The Directive entered into force on the 25th November 2003, and has to be transposed into national legislation by the 31st December 2003 at the latest.

Draft legal acts for transposition of Directive 2003/87/EC are under discussion within the MoE and will be adopted in 2004.

D.2.7. Permit Validity Period IPPC permits are valid for a maximum 8 years (IPPC Permitting Rules, paragraph 43).

Pursuant to paragraph 48 of IPPC Permitting Rules, a permit conditions must be reviewed and updated in the following cases:

 wrong data were entered in the permit at the time of its issue;  permit conditions partially do not meet legal binding requirements due to changes of legal acts or international requirements;  there has been a substantial change in the BAT which allows to markedly reduce pollution without excessive costs.

When there has been a substantial change in operation at the installation a permit must be renewed for the whole installation. The procedure for renewal of a permit is the same as procedure for obtaining a new permit (IPPC Permitting Rules, paragraph 47).

D.2.8. Time Limit for the Decision Making Process Paragraph 40 of the IPPC Permitting Rules provides that REPD must take a decision to issue or renew a permit or to refuse to issue (renew) it within 90 days from the date of the confirmation of the acceptance of the application by the Regional Environmental Protection Department (REPD).

The REPD may extend the time limit for the issue (renewal) of the permit or refuse to issue (renew) it if the operator or the municipality objects to the draft permit and negotiations are to be continued to finally agree on it. In any case, however, the time limit for the adoption of the decision may not exceed 120 days.

There are no provisions in Lithuanian legislation on what happens if the REPD does not make the decision within the relevant time period.

D.3. Publicly Available Guidance Documents

Recommended format for a permit application and recommended format of a permit are integrated into the IPPC Permitting Rules as annexes 4 and 5.

MoE has developed a Guidance document on Issuance of IPPC permits. The Guidance covers:  overview of the Lithuanian requirements;  procedures for permitting;  explanation on ‘installation’ and ‘substantial change’;  the explanation and guidance on BAT;  explanation on commercial confidentiality issues. The Guidance gives 13 illustrations of definition of ‘installation’.

The Guidance is available on the Internet www.aaa.am.lt. The REPD, MoE and all Internet users have access to this document.

Paragraph 9.2 of the IPPC Permitting Rules obligates companies themselves to follow information about EU BREFs documents. Applications for permits must be prepared in compliance with the EU BREFs. MoE and EPA co-operate with Associations of Industrialists on exchange of information related to development of annotations to the EU BREFs via regular meeting and seminars on IPPC. Some of such annotations will be finalised this year, e.g. on the Textile industry.

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The interviews with the REPDs indicated that companies are not well familiar with IPPC Directive requirements.

Only one draft IPPC permit has been prepared to date using EU BREFs. It is the draft permit for paper production installation (IPPC category 6.1 (b).

Paragraph 35.2.3 of the IPPC Permitting Rules provides that for those categories of installations where no EU BREFs have yet been prepared, the operator must follow all other existing information on ‘cleaner technology’ in the industrial sector or prepare an Action Plan to meet such BAT. In such a case ELVs have to be based on environmental quality standards and any international obligations (e.g. HELCOM), taking account of the local conditions as well as of technical and economic possibilities of the enterprise. Existing emission limit values and quality standards must be applied as a minimum requirement.

D.4. Institutional Arrangements

D.4.1. Competent Authorities – Overview Table D.4.14 shows the division of responsibilities between different layers of government (national, regional, local) for specific obligations relating to IPPC.

Table D.4.14 Division of responsibilities Responsibilities Central Regional Local Other (please specify) Deciding whether REPD Local EPA an installation requires an integrated permit Issuing integrated REPD Local EPA permits Issuing guidance EPA REPD Representatives Experts on BAT SEPI from associations of Industrialists, agricultural organisations and companies

Trans-boundary MoE REPD issues Issues of REPD Local EPA Operators commercial confidentiality Co-ordination with REPD other authorities Ensuring public EPA REPD Local EPA consultations Monitoring EPA REPD Inspection SEPI REPD Local EPA Enforcement REPD Maintaining a EPA REPD register of emissions Making information EPA REPD available to the public

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D.4.2. Competent Authority for IPPC Permits The REPDs have the overall responsibility for issuing the integrated permit (IPPC Permitting Rules, paragraph 29).

The REPDs have their local EPAs as subordinated bodies in each town and district. REPD and Local EPAs work together for preparation of IPPC permits.

The REPD is responsible to reconcile an application with institutions, which are subordinated by MoE, e.g. LGS, SSPA, EPA, hydro-metrological services.

The REPDs at any time may consult with the Quality Department of the MoE, EPA or SEPI for the review of application forms and issuance of permits.

D.4.3. Inspection and Enforcement REPD and SEPI are responsible for inspection of compliance with the IPPC permitting.

IPPC Permitting Rules, paragraph 72 establishes general liability for violation of IPPC requirements.

Administrative sanctions for violation of IPPC Permitting Rules are provided in the Code of Administrative Offences. Pursuant to Article 51 of this code (Execution of activities or operation of installations without a permit if such a permit is required by the legislation or failure to comply with permit terms or non execution of permit requirements) inflicts fines from 800 to 8000 LTL (232 to 2376 EUR).

Gross violation of IPPC Permitting Rules may cause revocation of the IPPC permit. Revocation of IPPC permit in principle means termination of the activity.

D.4.4. Institutional Capacity at Central Level Table D.4.15 Institutional capacity at central level Activity No. of staff Are there Comments sufficient staff for the task (Y/N) Preparing Legislation 2 Y Preparing general 2 N Guidance Documents Preparing Internal Procedural Manuals Developing BAT 2 N reference documents Maintaining national registers (on installations, emissions, EPER etc) Legal Advisers Providing advice to the 2 Y regional/local authorities Support staff

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D.4.5. Institutional Capacity at Regional/Local Level Table D.4.16 Institutional capacity at regional level Activity Reg. 1 Reg. 2 Reg. 3 Reg. 4 Reg. 5 Reg. 6 Reg. 7 Reg. 8 Vilnius Kaunas Klaipeda Siauliai Alytus Mariam- Pane- Utena pole vezys

No. IPPC 23 30 27 21 7 7 26 14 installations No. permits 18 4 2 5 1 6 10 0 2004 No. permit 2005 4 9 5 8 3 1 11 7 No. Staff for 3 3 3 3 1 2 3 3 issuing IPPC permits No. Support staff No. Staff for maintaining registers No. Inspectors 25 25 25 30 12 19 15 No. Support staff No. Legal 1 advisers No. Computers 3 3 3 1 2 3 3 in IPPC Dept. Is register Y Y Y Y Y Y Y Y electronic (Y/N) Is there an Y Y Y Y Y Y Y Y electronic connection with the central authority (Y/N) Is public Y Y Y Y Y Y Y Y information available on-line (Y/N)

D.4.6. Capacity for Monitoring

Self-monitoring Self – monitoring is a requirement of existing permits. Companies must perform self-monitoring by their own laboratories if these laboratories are authorised by MoE or by other such laboratories.

The EPA laboratory is the only laboratory accredited.

The interview with REPDs has not indicated shortages for carrying out the analyses required for self-monitoring.

Monitoring by Inspectors The REPDs laboratories monitor installations. Accredited EPA laboratory supports laboratories of REPDs.

The interview with REPDs has not indicated shortages for carrying out the analyses required for monitoring.

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D.5.1. Number of Installations and Permits per Pilot Region Table D.5.17 Numbers of installations and IPPC permits per pilot region Pilot region 1 2 3 4 5 6 7 8 Vilnius Kaunas Klaipeda Siauliai Alytus Mariam- Pane- Utena pole vezys Total No. 23 30 27 21 7 7 26 14 Installations No. existing 23 30 27 21 7 7 26 14 installations No. new installations No. IPPC permits already issued Expected No. 18 4 2 5 1 6 10 0 permits to be issued in 2004 Expected No. 4 9 5 8 3 1 11 7 permits to be issued in 2005 Comments* 1.1, 3.4, 3.5, 6.6(a) 1.2, 6.2 1.1 3.1 on 2004 3.5, 4.3, 5.4, 2.2 5.4 permits 5.3, 5.4 6.5, 2.6 6.2 5.4, 6.4.1 6.6(b), 6.2 6.4.3 6.6(a) 6.4.3 6.4.1 6.6(a) 6.6(b) 6.6(b) 6.6(b)

Comments* 5.4, 1.1, 6.4.3, 5.1, 1.1, 5.3 1.1 1.1 on 2005 6.6(a) 2.2, 6.6(b), 5.4, 4.1.2, 2.4 2.6 permits 2.6, 6.7 6.6(a), 3.1 5.2 4.1.8, 6.6(b), 5.4 5.4 4.3, 6.4.3 6.4.3 4.5, 6.5.(b) 6.6(b) 6.7

* Please indicate the industrial sector (using Annex I sector codes) and whether for a new or existing installation, for the permits expected to be issued in 2004 and 2005.

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D.5.2. Deadlines for Integrated Permits

New Installations Paragraph 76.1 of the IPPC Permitting Rules provides that all new installations must have an integrated permit in order to operate from January 1, 2005.

Pursuant to paragraph 5 (definition of a new installation) and paragraph 76 of the IPPC Permitting Rules all new installations must have applied for an integrated permit from January 1, 2004.

No exceptions are established for new installations.

Existing Installations Paragraph 76.2 of the IPPC Permitting Rules provides that all existing installations must have an integrated permit in order to operate from October 31, 2007.

Pursuant to paragraphs 40 and 76.2 of the IPPC Permitting Rules existing installations must have applied for an integrated permit from March 1, 2004 to December 31, 2006 after expiration of validity of non-IPPC permit.

No exceptions are provided in Lithuanian legislation.

D.6. Procedural Issues

D.6.1. The Integrated Permit IPPC Permitting Rules (paragraph 10 to 19) establish requirements for the content of a permit application. Detailed recommendations for the preparation of an application are presented in the model application form contained in Annex 4 of the IPPC Permitting Rules.

An application prepared in accordance with the requirements of the Rules must be agreed upon with the local municipality, Civil Safety Department of the Ministry of National Defence, Fire- Prevention Department of the Ministry of Internal Affairs, and the State Public Health Centre at the Ministry of Health. Obtaining of such agreements shall be the responsibility of the operator.

The REPD has to check the contents of the permit application and has the right to require that more data and information be furnished in the application. IPPC Permitting Rules, paragraph 34 establish requirements to assess of the application data from the point of view of issue (renewal) of the permit.

A permit conditions have to be based on the following data and documents:  the application and the data/information appended to it;  the information submitted by the interested parties (the public);  the data and information collected by the regional environmental protection department;  the findings of the environmental impact assessment when such assessment has been made. The findings of the environmental impact assessment may be used while determining the conditions of the permit;  the BAT documentation (applicable only to the Annex I facilities);  the emission standards in force (including noise and vibration);  the requirements of legal acts in force and international obligations.

Paragraph 35.2.3 of IPPC Permitting Rules provides that emission limit values have to be set in accordance with BAT Reference Documents. ELVs must not exceed the environmental quality standards in force. In this case the emission standards in force shall be applied as the minimum requirements.

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Paragraph 34.8 of the IPPC Permitting Rules determine compliance schedule (the action plan) for the achievement of the BAT level. The time frame allotted to the operator for the achievement of the BAT level must be stated in the plan.

Paragraph 35.3 of the IPPC Permitting Rules require establishment of conditions for self- monitoring.

Paragraph 55 of the IPPC Permitting Rules require that an operator must inform REPD about planned essential changes in the facility or the operations performed. Upon receipt of that information REPD shall assess whether the changes in the facility or the operations should be classified as substantial changes. The operator must renew the permit based on the requirements set out in the IPPC Permitting Rules, paragraph 50.3.

REPD must review and if necessary update the permit on a periodical basis but not less frequently than once in 12 months. The permit conditions must be corrected in the following cases:

 wrong data were entered in the permit at the time of its issue;  this is required by amended legal provisions or new international requirements;  there has been a substantial change in the BAT which allows to markedly reduce pollution without excessive costs.

Recommendations for application forms and permit forms are integrated into the IPPC Permitting Rules as annexes 4 and 5. MoE has developed Guidance document on Issuance of IPPC permits. The Guidance covers:

 procedures for permitting;  interpretation of ‘installation’ including boundaries of installations, and interpretation of a ‘substantial change’;  determination of compliance schedule;  reviewing the permit conditions.

But the Guidance contains little interpretation dealing with the situation when an enterprise has more than one installation on the premises, dealing with the situation when there are no national BREFs that apply to the installation, dialogue with operators and determination of conditions for self-monitoring.

The Guidance is available on Internet www.aaa.am.lt. REPD, MoE and all Internet users have access to this document.

VARSA model is available for determining ELVs for air pollution only.

Recommendations for permit forms are integrated into the IPPC Permitting Rules as annex 5 to ensure that the permit conditions are written in clear, precise, unambiguous terms that are capable of enforcement.

Inspectors from the Local EPA supports REPDs to develop permit conditions.

D.6.2. Trans-Boundary Considerations Article 17 deals with the consultation procedures when the operation of an installation is likely to have significant negative effects on the environment in another Member State, and when the operation of an installation in another Member State is likely to have significant negative effects on the environment in the national territory.

Installation Likely to Have Significant Negative Effects on Another Member State Pursuant to paragraph2 27 and 18 of IPPC Permitting Rules if the activity carried out by the Annex I facility may have, in the opinion of the Regional Environmental Protection Department, a significant adverse effect on the environment of a foreign state or if so required by a foreign state the Regional Environmental Protection Department must inform the Ministry of Environment of the Republic of Lithuania about this. The exchange of information with the

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competent environmental institution of the state whose environment may be adversely affected by the operation of the facility shall be performed by the Ministry of Environment of the Republic of Lithuania in accordance with bilateral agreements between the Republic of Lithuania and the relevant state.

No time period for sending this information and the time period for the affected member state to deciding whether it wishes to enter into consultations are specified.

Consultations with other (non EU) states that are likely to be negatively affected by the operation of the installation are based on bilateral agreements between the Republic of Lithuania and relevant state. Bilateral agreements related to cooperation in environmental sector exist with neighbouring countries.

Installations in Another Member State Likely to Have Significant Negative Effects on National Territory No special procedure for information to be requested from other member state is established. In all cases exchange of information between other countries are established in accordance with bilateral agreements between the Republic of Lithuania and neighbouring countries. Bilateral agreements related to cooperation in environmental sector exist with neighbouring countries.

D.6.3. Issues of Confidentiality Pursuant to paragraph 16 of the IPPC Permitting Rules an operator may specify which documents he considers to be commercial and industrial secret pursuant to Lithuanian legislation. Such information shall be presented in a separate envelope without including it in the application. Any classification of information as confidential must be grounded and its application shall be restricted, particularly where the data on the location of activity, pollution, environmental impact assessment, planned environmental protection measures (including alternative measures) and the non-technical summary is presented. It is the REPD who makes the decision whether the information shall be classified as confidential.

In the case if confidential data submitted by the operator may be classified as commercial and industrial secrets under the laws in force, such data may not be disseminated or otherwise presented to third parties without a written consent of the operator.

REPDs are responsible for ensuring that confidential information is kept off the public register.

D.6.4. Emission Modelling VARSA model is available for determining ELVs for air pollution only.

There is a lack of modelling techniques in all REPDs.

Pursuant to paragraph 8.1 of the IPPC Permitting Rules the environmental quality standards in force may not be violated by the operation of economic objects. In a case if ‘better than BAT’ is required to comply with environmental quality standards EQS must be applied.

D.6.5. Access to Information and Public Participation

Applications for Integrated Permits Pursuant to paragraphs 26, 55-56 of the IPPC Permitting Rules the REPD within 10 days upon receiving the permit application informs the public via local, regional or national press and if possible via radio and TV about:

 Where and which installation has applied for a permit;  Who is an operator;  Where and when information is available  To whom and when to submit comments and objections.

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Anyone of the public and NGOs can comment on the information received for permit applications. The application can be consulted in the REPDs offices. Procedure for provision of information to the public is set out in the Government Resolution No 1175 of 1999 on Access to Environmental Information. Paragraph 56.4 of the IPPC Permitting Rules provides that the REPD sets a deadline for the public to submit comments or objections. However, the REPD cannot refuse to take in consideration any comment or objection received before issuing the IPPC permit.

The public comments must be registered in REPDs and have to be taken into account in the decision making process (paragraph 58 of the IPPC Permitting Rules).

The public has access to applications for existing installations but there is no obligation to make available them to the public. No public consultation process is established.

Permit Decisions Pursuant to paragraphs 41, 55-56 of the IPPC Permitting Rules, the Regional Environmental Protection Department within 10 days upon issuance of the permit informs the public via local, regional or national press and if possible via radio and TV about the operator, his activities and when the permit is issued.

The public has access to permits issued in accordance with the Government Resolution No 1175 of 1999 on Access to Environmental Information. The public can access the IPPC permits at the REPD office or at the Local EPA (subordinated body of the REPD), or at the municipality.

National Emission Pollutant Register A national emission pollutant register has been established in accordance with the Procedures on Provision of Data about Emissions and Pollution Sources, approved by the Minister of Environment Order 136 of 2002 03 27. The Procedures on EPER contains the data requested by Decision 2000/479/EC on EPER.

The register is not operating yet.

Operators must submit to REPDs the data referred to in Procedures on EPER every year before 25 January. REPDs check the data submitted by operators and send this data to EPA.

EPA has to summarise the data received from REPDs and report it to the European Commission in the format referred to in Decision 2000/479/EC on EPER.

D.6.6. Appeals Pursuant to paragraphs 74-75 of the IPPC Permitting Rules if an operator does not agree with the decision of the REPD concerning to issuance, renewal, correction or repeal of the permit, he may apply to the State Environmental Protection Inspectorate for the settlement of the dispute.

In the case if the operator does not agree with the decision of the State Environmental Protection Inspectorate, he may appeal to court in accordance with the procedure established by the laws.

In the case if the public feels that there was not proper public consultation or the public does not agree with the decision to grant a permit or with the conditions attached to the permit, the public may lodge a complaint to a regional administrative court or to appeal first to an administrative disputes commission. Five Regional Administrative Courts hear complaints filed by citizens against individual acts passed by regional or municipal bodies.

The ‘public’ in each case means the public concerned and NGOs.

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ANNEX 1

Total Number of Installations in Lithuania by Category

Categories of industrial activities Annex I Definition Total number code of of installations the sector 1.1. Combustion installations with a rated thermal input exceeding 50 MW 31 1.2. Mineral oil and gas refineries 1 1.3. Coke ovens 1.4. Coal gasification and liquefaction plants 2.1. Metal ore (including sulphide ore) roasting or sintering installations.

2.2. Installations for the production of pig iron or steel (primary or secondary 2 fusion) including continuous casting, with a capacity exceeding 2,5 tonnes per hour

2.3.(a). Installations for the processing of ferrous metals. Hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour 2.3.(b). Installations for the processing of ferrous metals. Smitheries with hammers the energy of which exceeds 50 kilojoule per hammer, where the calorific power used exceeds 20 MW 2.3.(c). Installations for the processing of ferrous metals. Application of protective fused metal coats with an input exceeding 2 tonnes of crude steel per hour 2.4. Ferrous metal foundries with a production capacity exceeding 20 tonnes 1 per day 2.5.(a). Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes 2.5.(b). Installations for the smelting, including the alloy age, of non-ferrous metals, including recovered products, (refining, foundry casting, etc.) with a melting capacity exceeding 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals 2.6. Installations for surface treatment of metals and plastic materials using 3 an electrolytic or chemical process where the volume of the treatment vats exceeds 30 m3 3.1. Installations for the production of cement clinker in rotary kilns with a 3 production capacity exceeding 500 tonnes per day or lime in rotary kilns with a production capacity exceeding 50 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day 3.2. Installations for the production of asbestos and the manufacture of asbestos-based products 3.3. Installations for the manufacture of glass including glass fibre with a 1 melting capacity exceeding 20 tonnes per day 3.4. Installations for melting mineral substances including the production of 1 mineral fibres with a melting capacity exceeding 20 tonnes per day 3.5. Installations for the manufacture of ceramic products by firing, in 4 particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day, and/or with a kiln capacity exceeding 4 m3 and with a setting density per kiln exceeding 300 kg/m3 4.1. Chemical installations for the production of basic organic chemicals 1 4.2. Chemical installations for the production of basic inorganic chemicals 4.3. Chemical installations for the production of phosphorous-, nitrogen- or 2 potassium-based fertilizers (simple or compound fertilizers) 4.4. Chemical installations for the production of basic plant health products and of biocides 4.5. Installations using a chemical or biological process for the production of 2 basic pharmaceutical products

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Annex I Definition Total number code of of installations the sector 4.6. Chemical installations for the production of explosives 5.1. Installations for the disposal or recovery of hazardous waste as defined 3 in the list referred to in Article 1 (4) of Directive 91/689/EEC, as defined in Annexes II A and II B (operations R1, R5, R6, R8 and R9) to Directive 75/442/EEC and in Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils, with a capacity exceeding 10 tonnes per day 5.2. Installations for the incineration of municipal waste, with a capacity 1 exceeding 3 tonnes per hour 5.3. Installations for the disposal of non-hazardous waste as defined in 6 Annex II A to Directive 75/442/EEC under headings D8 and D9, with a capacity exceeding 50 tonnes per day 5.4. Landfills receiving more than 10 tonnes per day or with a total capacity 21 exceeding 25 000 tonnes, excluding landfills of inert waste 6.1.(a). Industrial plants for the production of pulp from timber or other fibrous materials 6.1.(b) Industrial plants for the production of paper and board with a production 3 capacity exceeding 20 tonnes per day 6.2. Plants for the pre-treatment (operations such as washing, bleaching, 3 mercerization) or dyeing of fibres or textiles where the treatment capacity exceeds 10 tonnes per day 6.3. Plants for the tanning of hides and skins where the treatment capacity exceeds 12 tonnes of finished products per day 6.4.(a). Slaughterhouses with a carcase production capacity greater than 50 6 tonnes per day 6.4.(b). Treatment and processing intended for the production of food products 5 from: animal raw materials (other than milk) with a finished product production capacity greater than 75 tonnes per day vegetable raw materials with a finished product production capacity greater than 300 tonnes per day (average value on a quarterly basis) 6.4.(c). Treatment and processing of milk, the quantity of milk received being 7 greater than 200 tonnes per day (average value on an annual basis) 6.5. Installations for the disposal or recycling of animal carcases and animal 1 waste with a treatment capacity exceeding 10 tonnes per day 6.6. Installations for the intensive rearing of poultry or pigs with more than: 43 40 000 places for poultry 2 000 places for production pigs (over 30 kg), or 750 places for sows 6.7. Installations for the surface treatment of substances, objects or products 4 using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with a consumption capacity of more than 150 kg per hour or more than 200 tonnes per year 6.8. Installations for the production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitization Others Any other categories of installations subject to national integrated permits, not covered by the IPPC Directive TOTAL NUMBER OF INSTALLATIONS 155

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E. Annex II: Conclusions on the Training Needs Assessment - EIA

E.1. Overall Staff Capacities, i.e. Characteristics of Staff Involved in EIA Determination in Lithuania

The total number of staff involved in the 4 pilot and 4 non-pilot regions in Lithuania was found to be 23 (13 – pilot and 10 non - pilot), of these 3 are chemists, 0 are scientists, 3 planners, 13 engineers, 0 are lawyers and 4 are representing other professions. Most of the trainees have two media specialisation, e.g. water and waste or air and waste or water and air). They are specialised in the following media: 13 in water, 11 in waste, 8 in air and 1 ecologist.

Nine of the trainees have received medium training (e.g. courses ‘The international context of EIA in Baltic states and Finland’), 6 of have received little training and 8 of them have not received any training. Trainees from Vilnius REPD and Kaunas REPD are the most trained specialists. Other trainees from pilot regions and trainees from non-pilot regions have received a few days general training only. All training was related with the preparation of draft legislation of EIA in Lithuania as well as development of the manual for Lithuanian EIA legislation.

The average professional experience of the staff involved in EIA determinations are 9,8 years, the majority of the staff (11) is medium ranking, 8 specialists are high ranking and 1 is low ranking. They have been involved in a total of 178 EIA determinations as lead, and they have contributed to another 205 EIA determinations.

When assessing the staff capacities it is important to take in consideration that the most of the staff work in the both areas: EIA and IPPC or non-IPPC permitting.

Findings of National EIA Expert Based on interviews with the heads and specialists of EIA departments in 7 Regional Environmental Protection Departments in Lithuanian as well as personal experienced (working as a preparer of EIA documents for 5 years) the Table 1 below was produced, indicating sufficiency of EIA staff, media mix and expertise among specialists as well as training needs.

Regional REPD Staff Media mix Expertise Training needs (sufficient/ (balanced /not (Experts/novices/ insufficient) balanced) Inexperienced) Vilnius REPD Insufficient Balanced Novice (1) Majority is not Expert (1) trained enough Quite experienced (1)

Kaunas REPD Sufficient Balanced Majority of the staff Majority is not is quite experienced trained enough Klaipėda REPD Insufficient Balanced Half of the staff are Majority is not novices, half is trained enough experienced Šiauliai REPD Sufficient Balanced (there is Experts (3), others Majority is not a need for a inexperienced trained enough chemist) (novices) Panevėžys REPD Sufficient Balanced Experts (2), other Majority is not inexperienced trained enough Alytus REPD Sufficient Imbalanced (only Expert (1) Majority is not specialist in water Inexperienced trained enough issues) Utena REPD Sufficient Balanced Inexperienced Majority is not trained enough Marijampolė Sufficient Balanced Quite experienced Majority is not REPD trained enough

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In most of regions, taking into account development, EIA cases as well as work load, the staff for EIA determinations is sufficient, however insufficient staff was indicated at Vilnius and Klaipėda REPD. Nevertheless, all heads of EIA departments indicated that the demand for more EIA staff could occur in the nearest future because of IPP permits as well as expected development in the country with the support of EU funding.

Almost all REPD presents a media mix in terms of background or specialisation (water, air, waste issues, etc) of EIA specialists as well as composition of positions. Only Alytus REPD lacks specialists in air and waste issues.

The most experienced are specialists at EIA divisions at Vilnius, Kaunas and Klaipėda REPD’s because of the biggest development and number of EIA cases and Šiauliai REPD due to the location of large installations such as SC”Akmenės cementas”, SC ”Mažeikių nafta” and because for the majority of presented EIA cases an obligatory EIA was needed. The expertise in other REPD is much lower because of little or no development (EIA cases) or new staff.

Majority of EIA specialists in all REPD was not trained enough. Existing training was more focused on developing EIA system in Lithuania and explanation of issued EIA legislation and amendments.

E.2. Subject Matter Knowledge Capacities and Experiences

The following paragraphs present the details of the TNA. Reference is made to the TNA tick-off tables. In order to do justice to the particularities of the pilot regions, the tables are arranged region-wise.

The table below provides level of knowledge “K” and experience “E”. Boxes with (a) mean “very knowledgeable and very experienced”. Boxes with (b) mean “knowledgeable and some experience”. Boxes with (c) mean “novice and very little experience”. Boxes with (d) mean “unknowledgable and no experience”. An average score of 3.0 –2,8 equals (a), an average score of 2,7-1,8 is ranked (b); 1,7- 0,8 is ranked c. Everything lower than 0,8 is d.

K E Relevance of EU membership to EIA Vilnius pilot region (1) c c Kaunas pilot region (2) b c Klaipeda pilot region (3) c c Siauliai pilot region (4) c c Alytus non-pilot (1) c d Mariampole non-pilot (2) b b Panevezys non-pilot (3) c b Utena non-pilot (4) c d

K E Key principles of EIA Vilnius pilot region (1) c c Kaunas pilot region (2) c c Klaipeda pilot region (3) c c Siauliai pilot region 4 b c Alytus non-pilot (1) c d Mariampole non-pilot (2) b b Panevezys non-pilot (3) c c Utena non-pilot (4) c d

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K E Legal acts - knowledge Vilnius pilot region (1) b b Kaunas pilot region (2) c c Klaipeda pilot region (3) b c Siauliai pilot region 4 b c Alytus non-pilot (1) b d Mariampole non-pilot (2) b b Panevezys non-pilot (3) c c Utena non-pilot (4) c c

K E EIA procedures Vilnius pilot region (1) b b Kaunas pilot region (2) b c Klaipeda pilot region (3) c c Siauliai pilot region 4 b c Alytus non-pilot (1) c c Mariampole non-pilot (2) b b Panevezys non-pilot (3) c c Utena non-pilot (4) c d

K E EU directives Vilnius pilot region (1) c c Kaunas pilot region (2) c c Klaipeda pilot region (3) d d Siauliai pilot region 4 d d Alytus non-pilot (1) d d Mariampole non-pilot (2) b b Panevezys non-pilot (3) c c Utena non-pilot (4) d d

K E Screening Vilnius pilot region (1) b b Kaunas pilot region (2) c c Klaipeda pilot region (3) c c Siauliai pilot region 4 c c Alytus non-pilot (1) c c Mariampole non-pilot (2) b b Panevezys non-pilot (3) c c Utena non-pilot (4) d d

K E Scoping Vilnius pilot region (1) b b Kaunas pilot region (2) c c Klaipeda pilot region (3) c d Siauliai pilot region 4 c c Alytus non-pilot (1) c d Mariampole non-pilot (2) b b Panevezys non-pilot (3) c c Utena non-pilot (4) d d

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K E Reporting Vilnius pilot region (1) d d Kaunas pilot region (2) c c Klaipeda pilot region (3) c c Siauliai pilot region 4 c c Alytus non-pilot (1) c d Mariampole non-pilot (2) b b Panevezys non-pilot (3) c c Utena non-pilot (4) d d

K E Mitigation measures Vilnius pilot region (1) d d Kaunas pilot region (2) c c Klaipeda pilot region (3) c c Siauliai pilot region 4 c c Alytus non-pilot (1) d d Mariampole non-pilot (2) b b Panevezys non-pilot (3) c c Utena non-pilot (4) d d

K E EIA reviews Vilnius pilot region (1) d d Kaunas pilot region (2) c c Klaipeda pilot region (3) c c Siauliai pilot region 4 d d Alytus non-pilot (1) d d Mariampole non-pilot (2) c c Panevezys non-pilot (3) c c Utena non-pilot (4) d d

K E Decision making Vilnius pilot region (1) b b Kaunas pilot region (2) c c Klaipeda pilot region (3) c c Siauliai pilot region 4 c c Alytus non-pilot (1) d d Mariampole non-pilot (2) b b Panevezys non-pilot (3) c c Utena non-pilot (4) d d

K E Monitoring Vilnius pilot region (1) c c Kaunas pilot region (2) b c Klaipeda pilot region (3) c c Siauliai pilot region 4 c c Alytus non-pilot (1) c d Mariampole non-pilot (2) b b Panevezys non-pilot (3) c c Utena non-pilot (4) d d

K E Public Participation Vilnius pilot region (1) c c Kaunas pilot region (2) c c Klaipeda pilot region (3) c d Siauliai pilot region 4 c c Alytus non-pilot (1) d d Mariampole non-pilot (2) c c Panevezys non-pilot (3) c c Utena non-pilot (4) d d

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K E Preparation of plans for Public Participation Vilnius pilot region (1) c c Kaunas pilot region (2) c c Klaipeda pilot region (3) c c Siauliai pilot region 4 d d Alytus non-pilot (1) d d Mariampole non-pilot (2) b b Panevezys non-pilot (3) c c Utena non-pilot (4) d d

K E Substantial changes Vilnius pilot region (1) Kaunas pilot region (2) Klaipeda pilot region (3) Siauliai pilot region 4 Alytus non-pilot (1) Mariampole non-pilot (2) Panevezys non-pilot (3) Utena non-pilot (4)

K E Procedures error Vilnius pilot region (1) c c Kaunas pilot region (2) c c Klaipeda pilot region (3) c c Siauliai pilot region 4 d d Alytus non-pilot (1) d d Mariampole non-pilot (2) c c Panevezys non-pilot (3) c c Utena non-pilot (4) d d

E.3. Conclusion on Knowledge and Experience of Staff Dealing with EIA Determination

Staff in Vilnius, Kaunas and Klaipėda pilot region(s) accumulated more experience in EIA determination. In terms of knowledge the same applies to Vilnius and Kaunas REPDs.

Staff in all regions reached medium-ranks with a view to experience, and medium-ranks with a view to knowledge. There are no significant deficiencies pertain to staff in all 4 pilot and 4 non- pilot REPDs. All regions have similar level of knowledge and all staff within each of the region has similar level of experience.

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F. Annex II: Conclusions on the Training Needs Assessment - IPPC

F.1. Overall Staff Capacities, i.e. Characteristics of Staff Involved in IPPC Permits in Lithuania

The total number of staff involved in IPPC permitting in the 4 pilot and 4 non-pilot regions in Lithuania was found to be 23 (13 –pilot and 10 non-pilot), of these 5 are chemists, 4 biologists, 9 engineers, 0 are lawyers and 5 are representing other professions. The majority of the trainees have two media specialisation, e.g. water and waste or air and waste or water and air. They are specialised in the following media: 13 in water, 12 in waste, 11 in air and 1 in laboratory analyses.

The average professional experience of the staff involved in non-IPPC permitting is 6 years; the majority of the staff is medium ranking. They have been involved in a total of 0 IPPC permits as lead, and they have contributed to another 0 IPPC permits. Some of the trainees from Vilnius REPD and Kaunas REPD have been involved in the pilot projects dealing with drafting of IPPC permits.

19 of the trainees have been exposed to little training and 2 of them have not received any training. Trainees from Vilnius REPD and Kaunas REPD are the most trained specialists. Other trainees from pilot regions and trainees from non-pilot regions have received 3-6 days general training only.

When assessing the staff capacities it is important to take in consideration that most of the staff work in both areas: IPPC or non-IPPC permitting and EIA.

Based on the analysis above and taking in consideration the opinion of officials involved in permitting procedure, the conclusion can be drawn that staff numbers are insufficient.

As it is mentioned above majority of the staff working with permitting is not specialized in one medium only. Each of them covers at least two or three media. The analysis shows that all media are covered by equal rate and the media mix is balanced.

The composition of positions of staff involved in IPPC permitting is rightly balanced.

As IPPC permitting system in Lithuania started from January 2004, there is no experience on issuing of IPPC permits. The REPDs staff is quite experienced in non-IPPC permitting, but is inexperienced in IPPC permitting.

At present a few applications on IPPC permits are under preparation, but operators have still not sent these to REPDs.

The majority of trainees have participated in the basic training courses on IPPC principles only. There is a lack of training on application of IPPC requirements in practice. The staff of REPDs is not trained enough on IPPC permitting issues.

There are no significant deviations between the different regions.

F.2. Subject Matter Knowledge Capacities and Experiences

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K E Legal acts Vilnius pilot region (1) c c Kaunas pilot region (2) b c Klaipeda pilot region (3) b c Siauliai pilot region 4 c c Alytus non-pilot (1) c d Mariampole non-pilot (2) b c Panevezys non-pilot (3) c c Utena non-pilot (4) c d

K E Competent authorities and contacts details Vilnius pilot region (1) b b Kaunas pilot region (2) c d Klaipeda pilot region (3) c c Siauliai pilot region (4) d d Alytus non-pilot (1) c d Mariampole non-pilot (2) b c Panevezys non-pilot (3) c c Utena non-pilot (4) c d

K E Applications Vilnius pilot region (1) c c Kaunas pilot region (2) b b Klaipeda pilot region (3) c c Siauliai pilot region (4) c d Alytus non-pilot (1) c d Mariampole non-pilot (2) b c Panevezys non-pilot (3) c c Utena non-pilot (4) c d

K E Permit in general Vilnius pilot region (1) c c Kaunas pilot region (2) b c Klaipeda pilot region (3) c c Siauliai pilot region (4) c d Alytus non-pilot (1) c d Mariampole non-pilot (2) b c Panevezys non-pilot (3) c d Utena non-pilot (4) c d

K E Emission limit values (ELVs) Vilnius pilot region (1) c c Kaunas pilot region (2) b c Klaipeda pilot region (3) c c Siauliai pilot region (4) c d Alytus non-pilot (1) c d Mariampole non-pilot (2) b c Panevezys non-pilot (3) c d Utena non-pilot (4) c d

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K E BAT abd BREFs Vilnius pilot region (1) c c Kaunas pilot region (2) c d Klaipeda pilot region (3) c d Siauliai pilot region (4) c d Alytus non-pilot (1) c d Mariampole non-pilot (2) b c Panevezys non-pilot (3) c d Utena non-pilot (4) c d

K E Self-monitoring programmes and EMS Vilnius pilot region (1) c c Kaunas pilot region (2) b c Klaipeda pilot region (3) c c Siauliai pilot region (4) c d Alytus non-pilot (1) c d Mariampole non-pilot (2) b c Panevezys non-pilot (3) d d Utena non-pilot (4) c d

K E Trans-boundary pollution Vilnius pilot region (1) c c Kaunas pilot region (2) c d Klaipeda pilot region (3) d d Siauliai pilot region (4) d d Alytus non-pilot (1) d d Mariampole non-pilot (2) c d Panevezys non-pilot (3) d d Utena non-pilot (4) d d

K E Confidentiality Vilnius pilot region (1) c c Kaunas pilot region (2) c c Klaipeda pilot region (3) c c Siauliai pilot region (4) c d Alytus non-pilot (1) c d Mariampole non-pilot (2) b c Panevezys non-pilot (3) c d Utena non-pilot (4) d d

K E Prevention of accidents Vilnius pilot region (1) c c Kaunas pilot region (2) b c Klaipeda pilot region (3) c c Siauliai pilot region (4) d d Alytus non-pilot (1) d d Mariampole non-pilot (2) b d Panevezys non-pilot (3) c d Utena non-pilot (4) c d

K E Public participation procedures Vilnius pilot region (1) c c Kaunas pilot region (2) d d Klaipeda pilot region (3) c d Siauliai pilot region (4) d d Alytus non-pilot (1) d d Mariampole non-pilot (2) b d Panevezys non-pilot (3) c d Utena non-pilot (4) c d

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K E EPER Vilnius pilot region (1) c c Kaunas pilot region (2) d d Klaipeda pilot region (3) d d Siauliai pilot region (4) d d Alytus non-pilot (1) d d Mariampole non-pilot (2) b d Panevezys non-pilot (3) d d Utena non-pilot (4) d d

K E Relations to other permits Vilnius pilot region (1) b b Kaunas pilot region (2) a a Klaipeda pilot region (3) c c Siauliai pilot region (4) b b Alytus non-pilot (1) b d Mariampole non-pilot (2) b d Panevezys non-pilot (3) b b Utena non-pilot (4) b b

K E Review of permits Vilnius pilot region (1) b b Kaunas pilot region (2) c c Klaipeda pilot region (3) c c Siauliai pilot region (4) c c Alytus non-pilot (1) b d Mariampole non-pilot (2) b d Panevezys non-pilot (3) c c Utena non-pilot (4) c d

K E Substantial changes Vilnius pilot region (1) c c Kaunas pilot region (2) d d Klaipeda pilot region (3) c c Siauliai pilot region (4) c d Alytus non-pilot (1) c d Mariampole non-pilot (2) b d Panevezys non-pilot (3) c d Utena non-pilot (4) d d

K E Cessation of operation and financial security Vilnius pilot region (1) c c Kaunas pilot region (2) c c Klaipeda pilot region (3) c c Siauliai pilot region (4) d d Alytus non-pilot (1) c d Mariampole non-pilot (2) d d Panevezys non-pilot (3) c d Utena non-pilot (4) c d

K E Odour – knowledge and experience Vilnius pilot region (1) d d Kaunas pilot region (2) d d Klaipeda pilot region (3) d d Siauliai pilot region (4) d d Alytus non-pilot (1) d d Mariampole non-pilot (2) c d Panevezys non-pilot (3) d d Utena non-pilot (4) d d

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K E Links to other directives Vilnius pilot region (1) d d Kaunas pilot region (2) d d Klaipeda pilot region (3) d d Siauliai pilot region (4) d d Alytus non-pilot (1) c d Mariampole non-pilot (2) b d Panevezys non-pilot (3) c d Utena non-pilot (4) d d

K E Air and water spreading models Vilnius pilot region (1) d d Kaunas pilot region (2) d d Klaipeda pilot region (3) d d Siauliai pilot region (4) d d Alytus non-pilot (1) d d Mariampole non-pilot (2) c d Panevezys non-pilot (3) d d Utena non-pilot (4) d d

K E Noise Vilnius pilot region (1) d d Kaunas pilot region (2) d d Klaipeda pilot region (3) d d Siauliai pilot region (4) d d Alytus non-pilot (1) d d Mariampole non-pilot (2) c d Panevezys non-pilot (3) d d Utena non-pilot (4) d d

K E EU priority list of dangerous substances Vilnius pilot region (1) c c Kaunas pilot region (2) b c Klaipeda pilot region (3) c c Siauliai pilot region (4) d d Alytus non-pilot (1) d d Mariampole non-pilot (2) b d Panevezys non-pilot (3) c c Utena non-pilot (4) d d

K E Voluntary schemes – EMS and EMAS Vilnius pilot region (1) d d Kaunas pilot region (2) d d Klaipeda pilot region (3) d d Siauliai pilot region (4) d d Alytus non-pilot (1) d d Mariampole non-pilot (2) c d Panevezys non-pilot (3) c d Utena non-pilot (4) d d

F.3. Conclusion on Knowledge and Experience of Staff Dealing with EIA Determination

Staff in all regions reached low-ranks with a view to experience, and medium-ranks with a view to knowledge.

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All regions have similar level of knowledge and all staff within each of the region has similar level of knowledge.

The lowest level of knowledge is in the field of public participation, EPER, application of BAT, Trans boundary effects, noise and odour.

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