Draft Law on Increasing of Energy efficiency to be considered by the Government

Draft Law on Increasing of Energy efficiency has been submitted to the Government for consideration. The main goal of this law is to ensure energy consumption savings, which are in correspondence with commitments of Lithuania on increase of energy increasing efficiency set by European Union legislation, in all fields of Lithuanian economy, and to effectively produce, distribute and use energy. In addition, this Law implements Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency.

Draft Law on Increasing Energy efficiency provides legal framework of state management, regulation, supervision and control in relation to increase of energy efficiency. This draft Law aims to ensure energy consumption savings, which are corresponding with aims established by European Union legislation, and remove barriers, which hinder to produce, distribute and use energy effectively.

This draft law implements numerous new obligations, which are set in a directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency and related with energy increasing efficiency, i.e. objectives of energy increasing efficiency is mandatory legalized and its enforcement is ensured; it ensures that 3 % of area of central government public building premises would be renovated every year; stipulates that requirements of energy increasing efficiency of goods, services or buildings and so on is applicable for public procurements.

In addition to the above mentioned requirements, it also states the obligation for companies to conduct energy audit. Implementing provisions of Directive, this obligation will be applicable only to large companies, as it is specified in Lithuanian Small and Medium Business Development Act, i.e. companies, which annual revenues exceed 40 million Euros or companies, whose value of assets, stated in balance sheet, exceeds 27 million Euros.

According to the provisions of draft Law, mentioned companies must submit energy audit report to Ministry of Energy for the first time no later than 1th of July of 2017 and later at least in 4 years after previously conducted energy audit. Energy audit report could be submitted as a part of a broader environmental audit, if it is conducted above. Also, newly established large companies, as it is specified in Lithuanian Small and Medium Business Development Act, must submit energy audit report within one year period after beginning of companies activities.

Draft law on Increasing of Energy efficiency is presently being considered by Government.

Draft law on amendment of Articles 1, 80, 4232, 4233, 4237 of the Code of Civil Procedure of the Republic of Lithuania

Draft law on amendment of Articles 1, 80, 4232, 4233, 4237 of the Code of Civil Procedure of the Republic of Lithuania has been submitted to the Government for consideration. The purpose of these amendments is to improve dispute settlement procedure in public procurements, to reduce the number of unjustified complaints of suppliers and to regulate public procurements of utilities sector. These amendments are related to the Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurements and Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors provisions incorporation into national law.

Paragraph 1 of Article 80 of the Code of Civil Procedure shall be supplemented with provisions that each statement of claim (original or counter), application concerning a pre-contractual relationship, application by a third party, who filed an independent claim concerning the subject of a dispute, application in a pending case, and application in cases with non-contentious proceedings shall require the payment of an official stamp-duty of the following size:

  1. Low value procurements (i.e. procurements, in which purchase value of goods or services is less than 58 000 Euros (without VAT) and purchase value of works is less than 145 000 Euros (without VAT) or when similar goods, services or works are purchased for the same object are divided into separate parts, each of which is planned to make up a separate purchase agreement(s), if the aggregated value of these agreements is not more than 10% of the value of the goods or services of simplified procurement of the same type of agreements and less than 58 000 Euros (without VAT), and for works - not bigger than 1,5% of the value of the simplified procurement of the same object and less than 145 000 Euros (without VAT)) - three hundred Euros;
  2. Simplified procurements (excluding low value procurements) – one thousand Euros;
  3. International procurements – three thousand Euros.

The above mentioned amendments of the Code of Civil Procedure are presently being considered by the Government.

Draft Law on the Amendment of the Law of Legal Status of Aliens No. IX-2206

Draft Law On the Amendment of the Law of Legal Status of Aliens“ No. IX-2206 has been submitted to interested institutions and society for harmonisation. It implements Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer. This Directive aims to facilitate mobility of intra-corporate transferees within the Union and to reduce the administrative burden associated with work assignments in several Member States.

Previous regulation stated that alien (non-European Union and European Economic Area national), who has a permit to live and work in one of the European Union or the European Economic Area Member State, due to the transfer from the company which is based in third country to another, which belongs to the same group of companies, in the European Union or European Economic Area Member State, which issued a permit, cannot go to work or live in another European Union or European Economic Area Member State.

The amendments of this draft law give an alien (non-European Union and European Economic Area national) the right to enter and stay in the Republic of Lithuania without a visa no longer that 90 days within a period of 180 days and work for the Lithuanian company which belongs to the same group of companies, if such an employee has a valid temporary residence permit issued by a European Union Member State on the ground that an employee is transferred from a company in a third country to another company in the same group in European Union or European Economic Area Member State. The host company, to which alien is coming to work, must notice Migration Department in writing about the transfer of alien within the company.

Mentioned changes of law are relevant to international companies, as it will create favourable conditions for their employees, nationals of non-European Union and non-European Economic Area countries. Employee of an international company, to which a company established in European Union or European Economic Area belongs, has a right to come to Lithuania without a visa and additional work permits for a short time work in a Lithuanian company (which is a part of an international group of companies) with a temporary residence permit issued by another European Union or European Economic Area Member State (on the ground that this particular person is transferred within the company).

Draft Law has been submitted for harmonisation to the interested institutions and society.