Regulations of the Ministry

REGULATIONS OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF LITHUANIA

SECTION I

GENERAL PROVISIONS

1. The Ministry of Transport and Communications of the Republic of Lithuania (hereinafter: the ‘Ministry of Transport and Communications’) shall be a state body.

The Ministry of Transport and Communications shall formulate state policy, also organise, coordinate, and control its implementation in the areas of management assigned to the Minister of Transport and Communications. The functions of state policy implementation may be assigned to the Ministry of Transport and Communications only in the cases stipulated by law and for a specified period.

2. In its activities, the Ministry of Transport and Communications shall be guided by the Constitution of the Republic of Lithuania, international treaties and agreements of the Republic of Lithuania, legal acts of the European Union, the Law of the Republic of Lithuania on the Government, the Law of the Republic of Lithuania on Public Administration, the Law of the Republic of Lithuania on Budgetary Institutions, the Law of the Republic of Lithuania on the Principles of Transport Activities, other legal acts passed by the Seimas of the Republic of Lithuania,  resolutions of the Government of the Republic of Lithuania, as well as the Regulations of the Ministry of Transport and Communications of the Republic of Lithuania (hereinafter: the ‘Regulations of the Ministry of Transport and Communications’).

3. The Ministry of Transport and Communications shall be a public legal person of limited civil liability having a bank account and the seal with the state emblem of Lithuania and its name. The address of the registered office of the Ministry of Transport and Communications shall be Vilnius, Gedimino Ave. 17. A decision on changing the address of the registered office of the Ministry of Transport and Communications shall be adopted by the Government of the Republic of Lithuania (hereinafter: the ‘Government’).

4. The Ministry of Transport and Communications shall be a budgetary body financed from the state budget of the Republic of Lithuania (hereinafter: the ‘state budget’).

5. The owner of the Ministry of Transport and Communications shall be the State. The rights and duties of the owner of the Ministry of Transport and Communications shall be exercised by the Government, which shall coordinate the activities of the Ministry of Transport and Communications and shall approve and, in accordance with the procedure laid down by the Law of the Republic of Lithuania on the Government and the Law of the Republic of Lithuania on Budgetary Institutions, amend the Regulations of the Ministry of Transport and Communications.

6. The Ministry of Transport and Communications shall have a website (http://sumin.lrv.lt), whereon public notices and other information shall be published.

SECTION II

OBJECTIVES OF ACTIVITIES AND FUNCTIONS OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS

7. The objectives of activities of the Ministry of Transport and Communications shall be as follows:

7.1. shape state policy in the area of functioning of the transport system and infrastructure development in all modes of transport and organise, coordinate, and control its implementation;

7.2. shape state policy in the area of carriage of passengers and freight by rail, road, sea, inland waterways, and air, and organise, coordinate, and control its implementation;

7.3. shape state policy in the area of traffic safety in all modes of transport, and organise, coordinate, and control its implementation;

7.4. shape state policy in the areas of transport transit, logistics and combined transport, and organise, coordinate, and control its implementation;

7.5. shape state policy in the areas of electronic communications and post, and organise, coordinate and control its implementation;

7.6. shape state policy in the areas of information society and the development of state information resources, and organise, coordinate, and control its implementation;

7.7. shape state policy in the area of transport of dangerous goods by air, road, rail, inland waterways and sea and related activity areas, and organise, coordinate, and control its implementation.

8. With a view to achieving the objectives of activities assigned to it, the Ministry of Transport and Communications shall perform the following functions:

8.1. in the area of functioning of the transport system and infrastructure development in all modes of transport:

8.1.1. accumulate and structure the legal, economic, statistical, and other information necessary for the regulation of the transport system area and ensuring of the development of transport infrastructure;

8.1.2. participate, with its remit, in drafting research and experimental development programmes, promote cooperation between science and business, research and innovation;

8.1.3. coordinate the implementation of the policy of fares and rates for transport services and charges for the use of the transport infrastructure;

8.1.4. coordinate the introduction and use of intelligent transport systems;

8.1.5. coordinate the development of the Trans-European Transport Network in Lithuania and integration of the network into regional, European Union and other international transport networks;

8.1.6. participate, within its remit, in promoting sustainable mobility, developing cycle transport, public transport, the use of electric cars, promoting eco-driving principles and the development of environmentally friendly vehicles, the development of alternative fuel infrastructure;

8.2. in the area of carriage of passengers and freight by rail, road, sea, inland waterways, and air:

8.2.1. carry out the state management of aviation;

8.2.2. carry out the state management of road transport;

8.2.3. organise the management of state seaports;

8.2.4. carry out the state management of internal waterways transport and merchant shipping;

8.2.5. carry out, within its remit, the public administration of rail transport;

8.3. in the area of traffic safety in all modes of transport:

8.3.1. ensure traffic safety in road transport;

8.3.2. perform civil protection, emergency and terrorism prevention, mobilisation, host-country support and state reserve preparation tasks according to the scope of activity and within the remit of the Ministry of Transport and Communications;

8.3.3. carry out the state management of maritime safety;

8.3.4. coordinate the implementation of the policy of rail traffic safety;

8.4. coordinate, within its remit in the areas of combined transport, transport transit and logistics, the activities related to combined transport and development of public logistics centres;

8.5. carry out, within its remit, the state management of post;

8.6. in the area of electronic communications:

8.6.1. issue to the economic operators providing electronic communications networks and/or services, as well as to owners or users of apparatus and installations binding instructions, tasks and orders to protect and maintain necessary electronic communications networks, as well as to interconnect them and, if necessary, to limit public access to the electronic communications networks in the event of force majeure and emergency or other extraordinary circumstances, as well as with a view to preparing for general mobilisation, national defence and ensuring national security and public policy;

8.6.2. set, within its remit, priorities for the maintenance of public communications networks and public electronic communications services in the event of a network’s catastrophic failure or occurrence of force majeure, as well as emergency and other extraordinary circumstances, in order to ensure the maximum service delivery;

8.6.3. represent Lithuania’s interests in implementing the EU’s satellite navigation programmes (Galileo and EGNOS) and the project of the Global Navigation Satellite System (GNSS) developed on their basis, which is related to the development, management and ensuring of security of satellite infrastructure, its use for the provision of information technology services;

8.6.4. coordinate the implementation of the policy of public broadband infrastructure development, especially in the areas where this infrastructure is not available or there is no competition in providing broadband services;

8.7. in the areas of the development of information society and state information resources:

8.7.1. submit proposals to the Government regarding activity priorities, development axes, the results to be achieved and ways to achieve them in respect of state information resources, axes of improvement and development of the information and communication technologies in use, recommended technical requirements (standards);

8.7.2. coordinate interdepartmental actions of institutions in implementing the state policy of information resources;

8.7.3. submit proposals regarding the legal regulation of trust services, development of trust services and recommended technical requirements (standards); coordinate interdepartmental actions of institutions in implementing the state policy of trust services;

8.7.4. participate, within its remit, in the organisation of adjustment of the information environment for needs of the disabled;

8.8. carry out, within its remit, the state management of transport of dangerous goods by air, road, rail, sea and inland waterways and in related activity areas.

9. The Ministry of Transport and Communications shall also perform the following functions:

9.1. draft planning documents in the area of transport, post, electronic communications, information society, and development of state information resources, approve short-term planning documents, organise and control their implementation; participate, within its remit, in implementing the planning documents drafted and approved by other institutions;

9.2. coordinate the implementation of investment policies in the area of transport, post and electronic communications, information society and development of state information resources, identify investment priorities, approve state budget programmes and control their implementation;

9.3. perform functions of the manager of registers of motor vehicles (with the exception of road transport, tractors, self-propelled and agricultural machinery and trailers, tactical and logistics vehicles);

9.4. provide for the measures reducing the negative impact of transport on the environment, increasing energy efficiency in the transport sector; implement, within its remit, noise management and prevention measures;

9.5. participate, within its remit, in setting mandatory quality standards for petroleum products, biofuels and liquid fuels;

9.6. prepare and coordinate, within its remit, the position of the Republic of Lithuania in institutions of the European Union and their working bodies on issues under deliberation, coordinate the preparation and coordination of the positions of the state institutions and agencies assigned to the remit of the Ministry of Transport and Communications in the institutions of the European Union and their working bodies on the issues under deliberation, as well as participate in the preparation of the positions by other state institutions;

9.7. ensure, within its remit, the representation of Lithuania’s interests in institutions of the European Union and their working bodies;

9.8. transpose into national law and implement, within its remit, European Union law (acquis communautaire) and fulfil other obligations of Lithuania arising from EU membership, notify institutions of the European Union thereof in accordance with the procedure laid down by legal acts of the European Union;

9.9. perform the functions of an intermediary body of EU structural and cohesion funds;

9.10. plan funds of other European Union financial assistance and supervise their use;

9.11. organise, within its remit, the drafting of international treaties and agreements between the Ministry of Transport and Communications and the relevant authorities of foreign states or international organisations, ensure the implementation of the international treaties and agreements;

9.12. cooperate, within its remit, with the relevant authorities of foreign states and international organisations, represent the Republic of Lithuania in the international organisations;

9.13. coordinate the implementation of the Integrated Maritime Policy;

9.14. represent the State in exercising the rights carried by the shares held by it by the right of ownership in public and private limited liability companies; on assignment of the Government, exercise the rights and duties of a stakeholder in or the owner of public establishments; on assignment of the Government, exercise the rights and duties of the owner of bodies under the Ministry of Transport and Communications (with the exception of the adoption of decisions on reorganisation and liquidation); exercise the rights and duties of the owner of state enterprises within the area of regulation of the Ministry of Transport and Communications;

9.15. provide information to the public regarding activities of the Ministry of Transport and Communication on the issues assigned to its remit;

9.16. examine persons’ requests, complaints and reports assigned to the remit of the Ministry of Transport and Communications, take measures to ensure response to the issues raised therein;

9.17. coordinate territorial planning documents, organise the preparation, coordination, verification, publicity and submission for approval of territorial planning documents of projects of importance to the State, where the Ministry of Transport and Communications has been authorised by the Government or appointed by the Seimas of the Republic of Lithuania as responsible for the implementation thereof;

9.18. perform other functions assigned to it by legal acts.

SECTION III

RIGHTS OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS

10. In pursuing the objectives of activities set for it and performing the functions assigned to its remit, the Ministry of Transport and Communications shall have the right:

10.1. to obtain from ministries, other state and municipal institutions, state and municipal agencies, educational establishments and organisations, enterprises, and associations the information required for the performance of the functions assigned to it;

10.2. to set up commissions and working groups consisting of representatives of ministries, other state and municipal institutions, state and municipal agencies, educational and training establishments and organisations and professionals (upon coordination with their heads), as well as foreign experts for consideration of the issues assigned to the remit of the Ministry of Transport and Communications;

10.3. to organise competitions and tenders, to hold meetings, conferences and other events;

10.4. to conclude, within its remit, treaties and agreements with persons of the Republic of Lithuania and foreign states.

11. The Ministry of Transport and Communications shall enjoy also other rights granted thereto by legal acts.

SECTION IV

ORGANISATION OF ACTIVITIES OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS

12. Activities of the Ministry of Transport and Communications shall be organised in compliance with the strategic and annual operational plans approved by the Minister of Transport and Communications and other planning documents. The strategic and annual operational plans of the Ministry of Transport and Communications and other planning documents shall be published on the website of the Ministry of Transport and Communications. Progress in implementing the strategic and annual operational plans of the Ministry of Transport and Communications and other planning documents shall be assessed by the Internal Audit Division of the Ministry of Transport and Communications.

13. Activities of administrative units of the Ministry of Transport and Communications shall be organised in accordance with the Rules of Procedure and the Internal Rules approved by the Minister of Transport and Communications, regulations of the administrative units of the Ministry of Transport and Communications, and job descriptions of civil servants and the employees working under employment contracts and remunerated from the state budget and state budgetary funds.

14. The Ministry of Transport and Communications shall be headed by the Minister of Transport and Communications, who shall be appointed and dismissed by the President of the Republic on the recommendation of the Prime Minister in compliance with the Constitution of the Republic of Lithuania.

15. The Minister of Transport and Communications may be temporarily substituted only by another member of the Government appointed by the Prime Minister. The substitute minister shall not perform the functions specified in Article 26(2) of the Law of the Republic of Lithuania on the Government.

16. The Minister of Transport and Communications shall be responsible for the areas of management assigned to him. The Minister of Transport and Communications shall, as head of the Ministry of Transport and Communications, be accountable to the Seimas of the Republic of Lithuania and to the President of the Republic and directly subordinate to the Prime Minister.

17. In addition to the functions specified in the Law of the Republic of Lithuania on the Government, the Minister of Transport and Communications shall:

17.1. within his remit, represent the Government and present positions of the Republic of Lithuania on EU legislative proposals at the Transport, Telecommunications and Energy Council;

17.2. coordinate annual operational plans of other entities receiving funds from the budget and participating in the implementation of the strategic activity plan in the areas of management assigned to him;

17.3. submit to the Government for consideration the results planned to be achieved in the areas of management assigned to him;

17.4. provide to the public, in accordance with the procedure laid down by the Government, information about his activities on the website of the Ministry of Transport and Communication and, if possible, also through other media, or at meetings with residents.

18. The civil servants of political (personal) confidence of the Minister of Transport and Communications, namely, vice-ministers, adviser/advisers to the Minister of Transport and Communications, spokesperson for the Minister of Transport and Communications, and other civil servants of political (personal) confidence of the Minister of Transport and Communications, shall assist the Minister of Transport and Communications in formulating political positions and priorities, taking decisions and implementing them. The number of the vice-ministers shall be approved by the Government on the recommendation of the Minister of Transport and Communications. During his term of office, the Minister of Transport and Communications may have public consultants, who at his request shall provide him with advice, proposals, conclusions and other information.

19. Agencies may be established under the Ministry for the purpose of implementation of state policy in the areas of management assigned to the Minister of Transport and Communications and formation of and support for the implementation of this policy. Government agencies may also be established for the purpose of participation in the shaping of state policy in the areas of management assigned to the Minister of Transport and Communications and its implementation.

20. In the areas of activities specified by the Minister of Transport and Communications, vice-ministers shall perform the functions specified in the Law of the Republic of Lithuania on the Government.

In the event of temporary absence of a vice-minister, all or part of his functions shall be performed by another vice-minister/vice-ministers on the assignment of the Minister of Transport and Communications.

21. The Ministry of Transport and Communications shall have its administration headed by the Chancellor of the Ministry of Transport and Communications.

22. The Chancellor of the Ministry of Transport and Communications shall be a career civil servant, head of the administration of the Ministry of Transport and Communications under the authority of the Minister of Transport and Communications. In addition to the functions stipulated in the Law of the Republic of Lithuania on the Government, the Chancellor of the Ministry of Transport and Communications shall also organise and coordinate the preparation and implementation of annual operational plans.

23. In the event of temporary absence of the Chancellor of the Ministry of Transport and Communications, the Minister of Transport and Communications shall assign the performance of all or part of his functions to the head of an administrative unit of the Ministry of Transport and Communications.

24. The Chancellor of the Ministry of Transport and Communications or, in his temporary absence, the head of an administrative unit of the Ministry of Transport and Communications appointed by the Minister shall, within his remit, issue ordinances. The Chancellor of the Ministry of Transport and Communications shall keep the seal of the Ministry of Transport and Communications and be responsible for the use of the seal. The Minister of Transport and Communications may authorise another civil servant of the Ministry of Transport and Communications to keep the seal. In this case, the civil servant of the Ministry of Transport and Communications authorised by the Minister of Transport and Communications shall be responsible for the use of the seal.

25. A board shall be established at the Ministry of Transport and Communications and shall serve as an advisory body to the Minister of Transport and Communications. The Minister of Transport and Communications (chair of the board), vice-ministers and the Chancellor of the Ministry of Transport and Communications shall be members of the board. The board may include other representatives of the Ministry of Transport and Communications and representatives of other institutions.

The number of members of the board of the Ministry of Transport and Communications shall be established and the personal composition and rules of procedure of the board shall be approved by the Minister of Transport and Communications. He shall also submit issues for consideration by the board.

SECTION V

INTERNAL ADMINISTRATION CONTROL OF THE MINISTRY OF TRANSPORT AND COMMUNICATIONS

26. The financial control of the Ministry of Transport and Communications shall be exercised by civil servants and the employees working under employment contracts and remunerated from the state budget and state budgetary funds, who shall be appointed by the Minister of Transport and Communications.

27. The state (financial and performance) audit of the Ministry of Transport and Communications shall be carried out by the National Audit Office of Lithuania. The internal audit of the Ministry of Transport and Communications shall be carried out by the Internal Audit Division established at the Ministry of Transport and Communications.

28. The control of the implementation of the strategic activity plan of the Ministry of Transport and Communications shall be exercised by the Minister of Transport and Communications.

SECTION VI

FINAL PROVISIONS

29. The Ministry of Transport and Communications may be reorganised, converted or liquidated in accordance with the procedure laid down by the Civil Code of the Republic of Lithuania, the Law of the Republic of Lithuania on the Government, and the Law of the Republic of Lithuania on Budgetary Institutions.

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