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APPROVED by
Order No 279 of the Minister of Economy of the Republic of Lithuania
dated July 26, 2002

(as amended by
19 May 2005 No. 4-210)
REGULATIONS OF STATE ENERGY INSPECTORATE
UNDER THE MINISTRY OF ECONOMY
I. GENERAL PROVISIONS

1. State Energy Inspectorate (hereinafter referred to as the Inspectorate) shall be a public institution acting under the Ministry of Economy. The seat of the Inspectorate shall be at A.Juozapavičiaus str. 13-315, LT-09311 Vilnius, Republic of Lithuania.

2. The Inspectorate shall act in compliance with the Constitution of the Republic of Lithuania, laws, other legislation adopted by the Seimas of the Republic of Lithuania, international treaties of the Republic of Lithuania, decrees of the President of the Republic of Lithuania, resolutions of the Government of the Republic of Lithuania, directives of the Prime Minister, orders of the Minister of Economy, other legislation regulating energy activity and these Regulations.

3. The Inspectorate shall be a legal person having its seal bearing the Emblem of the Republic of Lithuania and its name, and having its account at one of the banks registered in the Republic of Lithuania.

4. The basic definitions used herein shall have the meanings defined under Article 2 of the Law on Energy of the Republic of Lithuania.

II. TASKS AND FUNCTIONS OF THE INSPECTORATE

5. The state control over energy equipment of natural and legal persons shall be exercised on the whole territory of the country irrespective of their official subordination, forms of ownership and capacity of energy equipment. This Inspectorate shall not exercise state control over nuclear power equipment.

6. The main task of the Inspectorate is the exercise of state control over energy facilities and energy (electricity, heat, fuel gas, biofuel, oil and oil product) equipment of Lithuania, with the purpose of ensuring the reliable, efficient and secure production, supply and use of energy resources and energy, also to control state and reserve stocks of energy resources.

7. In performing its tasks, the Inspectorate shall fulfill the following functions:

7.1. within its competence, in the manner prescribed by the Minister of Economy, issue, suspend and cancel the certificates for operation of energy equipment as well as exercise control over the compliance with the conditions of the activity set in such certificates. Provide conclusions to the authorized institutions regarding the issue of certificates for design and erection works of special constructions (energy equipment), within the competence of the Inspectorate, exercise control over the compliance with the conditions of activities as established in these certificates; 

7.2.  keep the register of the certificates for operation of energy equipment, issued by the Inspectorate;

7.3.  provide comments to the interested institutions regarding the prepared draft legislation related to the design, production, erection, operation and protection of energy equipment;

7.4.  in the manner prescribed by the Minister of Economy, exercise control over the technical safety and operation of energy facilities and energy equipment, also the security of production, transmission, distribution and supply of energy and energy resources as well as their use efficiency;

7.5. exercise control, within the competence of the Inspectorate, over the compliance with the requirements of construction safety and purpose, established in the standard legal acts (standard documents), in erecting (constructing) and reconstructing energy objects and equipment, also assess their compliance with the project;”.

7.6.  inspect the efficiency of the production, distribution, supply and consumption of electricity, heat energy and fuel gas; analyze the efficiency of the use of energy resources and energy by energy enterprises and prepare the recommendations for the improvement of the work related hereto;

7.7.  exercise control over the compliance with the quality requirements established in regulatory legislation;

7.8.  In the manner prescribed by the Minister of Environment of the Republic of Lithuania, within the competence of the Inspectorate, assess the compliance of energy constructions and other constructions with energy engineering systems and energy equipment with the project of the construction, establish the correctness of fulfilment of the solutions of the construction project that determine the compliance of the construction with the essential requirements, and assess the suitability for usage of the construction. Set up the commissions for accepting such constructions as usable, if necessary, take part in the work of the commissions for accepting constructions as usable, set up by other institutions;

7.9. consult and provide information to natural and legal persons on the issues within the competence of the Inspectorate. Solve disputes between the questioner and the presenter regarding the submission of information related to the energy activities;

7.10. in the manner prescribed by the Minister of Economy, organize the performance evaluation of energy specialists and managers engaged in the design, construction and operation of energy facilities and equipment;

7.11. under the preliminary procedure for administration of complaints without judicial proceedings, consider the complaints regarding the damages of energy facilities, equipment and accounting devices, violations in operation, energy quality requirements, energy accounting and payment for the energy consumed, accidents, interruption, suspension or restriction of energy supply;

7.12. investigate the accidents of energy facilities and energy equipment and failures in their operation; participate in investigating occupational accidents and investigate home accidents related to energy equipment and energy consumption;

7.13. participate in the work of harmonization of the legal acts regulating energy activity with the legal acts of the European Union, within the competence of the Inspectorate, control implementation thereof;

7.14. exercise control over the state and reserve stocks of energy resources;

7.15. exercise control over the technical inspections of energy waterworks;

7.16. cooperate with institutions of other states and international organizations related to the state control of energy facilities and energy equipment;

7.17. periodically provide information (review) to the Ministry of Economy and other interested institutions regarding the condition of the energy equipment operation of Lithuania;

7.18. together with other interested institutions, analyze the draft specifications and Lithuanian standards of production of energy facilities submitted for approval and provide proposals for the preparation of the new Lithuanian standards of such equipment and adjustment of outdated standards;

7.19. establish the compliance of heating and (or) hot-water systems of apartment buildings with mandatory requirements;

7.20. exercise control over fuel balance of power-stations that use renewable energy resources in the production of electrical energy;

7.21. exercise control over the inspection of efficiency of heat generators and isolation of heat and hot water supply systems in the buildings of non-industrial purpose;

7.22. in the event of imposition of the extreme state of energy, exercise control over the restriction means of energy resources and energy supply and use, established by the legal acts;

7.23. perform other functions established by the laws and legal acts.
III. RIGHTS OF THE INSPECTORATE

8.     The officials of the Inspectorate exercising the state energy control shall have the following rights:

8.1.  to inspect if energy constructions and energy equipment comply with the requirements of regulatory legislation;

8.2.  to give obligatory directions to natural and legal persons regarding the violations of regulatory legislation on transmission, distribution, storage, supply and consumption of energy resources and energy, erection and operation of energy facilities and equipment and network protection;

8.3.  to demand that natural an legal persons would immediately switch off energy equipment in case of detection of any violations that may cause an accident or failure, fire or danger to the environment, property, human health or life;

8.4.  to give obligatory directions to the owners (managers) of energy equipment or their authorized persons to suspend the work, when the personnel related to the operation of energy equipment has no required qualifications or violate regulatory legislation;

8.5.  having established the faults in the safety of energy equipment used to meet personal and household needs, to notify hereof in writing the State Non Food Products Inspectorate under the Ministry of Economy;

8.6.  for the enterprises or businessmen that have grossly violated obligations of the holders of the certificate as established by the Minister of Economy of the Republic of Lithuania or the requirements of standard legal acts that regulate energy activity, the head of the Inspectorate shall have the right to cancel the validity of the certificate for operation of energy equipment;

8.7.  to inspect, in the prescribed manner, if the energy equipment in the process of erection and reconstruction complies with the designs, whether the solutions of the construction design that determine the compliance of the construction with the essential requirements are properly fulfilled, and the requirements of construction safety and purpose, established in the standard legal acts (standard documents), also to give directions for the elimination of the deviations noticed;

8.8.  to provide the inspection materials to the executive governmental, public prosecutor's office and other law enforcement institutions: upon establishment of essential violations of the regulatory legislation; upon the occurrence, due to negligence of the companies' personnel, of a fatal or serious accident or breakdown related to the unsatisfactory operation of energy equipment;

8.9.  to examine the information provided to state institutions by energy companies;

8.10. to receive the information and documents from producers, suppliers and consumers of energy, gas, oil and oil products that are necessary for the activity of the Inspection under these Regulations;

8.11. to draw up reports on violations in accordance with respective articles of the Administrative Code of the Republic of Lithuania, to examine the administrative violation cases and to impose administrative sanctions;

8.12. to perform the work and to provide the services pertinent to the nature of the main activity of the Inspectorate as per tariffs approved by the Ministry of Economy;

8.13. the Inspectorate shall also have other rights provided by the legislation.

IV. ORGANIZATION OF ACTIVITIES OF THE INSPECTORATE

9.     The Inspectorate shall be managed by the head, who shall be appointed and dismissed by the Minister of Economy in the manner prescribed by the Law on Public Service of the Republic of Lithuania.

10.  The Inspectorate shall have its territorial units. The territorial unit shall be headed by the head of the territorial unit.

11.  The citizens of the Republic of Lithuania with higher university or the equated to it technical education, who know the state language, may be appointed the head and deputy heads of the Inspectorate, heads and deputy heads of territorial and other units, chief and senior engineers-inspectors and engineers-inspectors, chief and senior specialists and specialists exercising state energy control. These public servants shall be the officials.

12.  Public servants and employees shall be admitted to the service (employed) at the Inspectorate in the manner prescribed by the Law on Public Service of the Republic of Lithuania and other laws.

13.  The head of the Inspectorate shall:

13.1. organize the activity of the Inspectorate, determine the internal organizational structure and working procedure as well as distribution of territorial units and bear responsibility for the fulfillment of the functions assigned to the Inspectorate;

13.2. act on behalf of the Inspectorate and represent it at all state and municipal institutions and in relations with other legal and natural persons or authorize the subordinate employees to do the same;

13.3. approve the regulations of the organizational units, job specifications and job descriptions; admit to the public service (employ) and dismiss public servants and employees of the Inspectorate, provide incentives and impose official (disciplinary) sanctions on them;

13.4. issue orders and other legal documents approved by the orders and inspect their fulfillment;

13.5. ensure the effective use of the assigned assets and financial resources;

13.6.  exercise other powers granted to him by laws, resolutions of the Government of the Republic of Lithuania and orders of the Minister of Economy.

14.  All officials of the Inspectorate exercising the state energy control shall have the official service certificates of the established form and shall be provided with working clothes and footwear free of charge.

15.  In the manner prescribed by laws, the officials of the Inspectorate shall be liable for the failure to fulfill the obligations established in job specifications and job descriptions or improper exercise of the rights granted to them and exceeding of their authority. Employees of the Inspectorate shall keep confidential the state, official and commercial (production) secrets that become known to them in exercising state energy control.

V. SOURCES OF FUNDS AND PROCEDURE FOR THEIR USE

16.  The Inspection shall be financed in accordance with the Law on Budgetary Institutions of the Republic of Lithuania from the state budgetary allocations and other sources provided by the laws of the Republic of Lithuania and resolutions of the Government of the Republic of Lithuania.

17.  The budgetary funds allocated for the operation of the Inspectorate shall be used in accordance with the cost estimate approved by the head of the Inspectorate (administrator of the allocations).

VI. FINANCIAL ACTIVITY CONTROL

18.  The financial activity of the Inspectorate shall be under the control of the internal audit, the Ministry of Economy and other institutions in the manner prescribed by the laws of the Republic of Lithuania.

VII. PROCEDURE OF PAYMENT FOR LABOR

19.  Public servants and employees of the Inspectorate shall be paid for labor in the manner prescribed by the Law on Public Service and other laws of the Republic of Lithuania.

VIII. FINAL PROVISIONS

20. The Inspectorate may be reformed, reorganized or liquidated in the manner prescribed by the laws





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