Law on Amendment of the Law on Public Procurement of the Republic of Lithuania No. IX-1217, December 03, 2002. Entered into force on March 1, 2003. Official Gazette “Valstybes zinios” No. 27-1100, 2003.
The new version of this law has come into force as of March 1, 2003. This law more widely and more broadly (it has 107 articles) regulates order of public procurement, rights, obligations and liability of the subjects, the control of the public procurement, and the dispute resolution procedure. Provisions of this law have been harmonized with the EU legal acts.
Public procurement of works – is a public procurement having as its object either the execution, or both execution and design, of works related to one of the activities referred to in Annex I of this law, or the execution, by whatever means, of works corresponding to the requirements specified by the contracting authority, or either the execution, or both execution and design of works which may perform an economic or a technical function. The object of procurement is to award a public sales-purchase contract.
Public procurement of services – is a public procurement having as its object A- and B-type services listed in Annex II to this law, as well as procurement having as its object the supplies and services listed in Annex II of this law, where the value of such services exceeds that of supplies, or procurement having as its object services listed in Annex II of this law and works listed in Annex I of this law, where these works are incidental to the principal object of the services contract. The object of procurement is to award a public sales-purchase contract.
The supplies, services or works contracts may be awarded by means of the following procedures: 1) open procedure; 2) restricted procedure; 3) negotiated procedure with publication of a contract notice; 4) negotiated procedure without publication of a contract notice. When awarding a public contract, the contracting authority may use: 1) the open or restricted tender procedures in all cases without limitations; 2) the negotiated procedure with publication of a contract notice, if the conditions specified in article 44 are present; 3) the negotiated procedure without publication of a contract notice, if the conditions specified in article 45 are present. When awarding contracts for area planning, architecture, engineering or data processing services the contracting authority may use the design contest procedure.
Besides ordinary public procurement, this law also regulates simplified procurement procedures. The simplified procurement procedure may be applied to 1) contracts the value whereof is below the international thresholds referred to in article 10 of this law; 2) contracts for B type services (Annex 2 to this law); 3) contracts referred to in article 8 (13) of this law (for partly procurements by awarding several contracts, permitted by law).
Simplified procurement shall be conducted by means of the following procedures: 1) simplified open procedure; 2) simplified restricted procedure; 3) simplified negotiated procedure with publication of a contract notice; 4) simplified negotiated procedure without publication of a contract notice; 5) usual commercial practice.
The law has two Annexes, which set forth: 1) the list of works provided in the classificatory of economic activities; 2) list of services. The services are divided into A services (for e.g. maintenance and repair services; telecommunications services; financial services: a) insurance, b) banking and investment; computer and related services; building cleaning and residential property management services and etc.) and B services (for e.g. hotel and restaurant services; transport services by rail; legal services; health and social services and etc.) Services, indicated in list B, are procured according to the order set forth in the section IV of the law “Simplified Procurement Procedures”.
Moreover, the last Annex indicates legal acts of the EU whom the Law of the Republic of Lithuania on Public Procurement has been harmonized with.
Resolution No. 286 of the Government of the Republic of Lithuania “On Approval of the List of Economic Activities for which the Monitoring of the Society Health is Mandatory”, March 5, 2003. Entered into force on March 8, 2003, Official Gazette “Valstybes zinios” No. 24-998, 2003.
The list of economic activities for which the monitoring of the society health is mandatory was approved by the resolution. The economic activities are enumerated according to the classificatory code of e economic activities.
The criteria according to which the monitoring of the society health has to be carried out by the business entities are as follows: 1) the pollution emitted to the environment by the business entity exceeds the limiting value set by the legal acts on the supervision of public health; 2) The activity of the business entity causes the danger to public health and the general sickness rate that are related to the activities of the entity exceeds the average rates of the country and (or) any fact of occupational disease was registered; 3) The products made by the business entity caused the harm to the health of consumers and the facts of getting ill were registered.
For instance, the mandatory monitoring of the public health shall be done when carrying out such economic activities as: the production of the refined oil products; the extraction of the unrefined oil and natural gas; the production of gas and the distribution of the gas fuel to the gas pipes; other road transport; the marine and littoral transport; the air transport; the disposal and storage of the cargo; the activity of radio and television; the weaving; the preparing and spinning of the textile staples; finishing of the textile; the production of the wood and wood products, including furniture.
Order No. 4-105/131/3-172 of Minister of Economy of the Republic of Lithuania “On Approval of Mandatory Rates for Oil Products and Oil-fuel that are used in Lithuania”, March 21, 2003. Enters into force from May 1, 2003. Official Gazette “Valstybes zinios” No. 30-1269, 2003.
There were approved in the order the mandatory quality rates for the oil products and oil-fuel that are used in Lithuania and which will come into force since Lithuania joins the European Union. The aforementioned rates will not be applicable to the fuel in the gas tanks of those means of transport that cross the border of Lithuania or to the oil products that are transported by transit. The mandatory quality rates also will not be applicable to the state fuel backlog, which is kept in the enterprises and was acquired prior to the date of coming into force of the rates.
Such periods of the climate for the petrol, derv, liquid oil gas were determined by the order: 1) summer period – since 1 May till 30 September; 2) transition period – since 16 May till 30 April and since 1 October till 15 November; 3) winter period – since 16 November till 15 March.
Resolution No. 327 of the Government of the Republic of Lithuania “On Approval of the Procedure on the Organization of the Slot-Machines Games”, March 18, 2003. Entered into force on March 22, 2003. Official Gazette “Valstybes zinios” No. 28-1139, 2003.
The resolution provides the regulation of the organization of slot machines games, general and special technical requirements that the slot machines have to meet, the requirements for the entities that operate the slot machines. The regulation of this procedure is not applicable to the computer games.
Only the slot machines that have passport and the special marks and meet the special technical requirements set by the resolution may be operated in the Republic of Lithuania. When playing with a slot machine: 1) it is prohibited to win the money; 2) it is prohibited change the material prizes into money; 3) the result of the game shall be decided on the skills of the player. There are determined in the resolution the places where the slot machine games may not be organized, as well as other prohibitions on the organizing of the slot machine games. The special technical requirements, the issuance of passport and special marks of slot machines are also regulated by the resolution.
2.3 TRANSPORT SERVICES
Order No. 3-156 of the Minister of Transport and Communications “On Amendment of Order No. 130 of the Minister of Transport and Communications of 15 April 1997 “On Approval of Directions for Issuance and Use of Permits to Carry Passengers in Transport Routes of Regular Communication Roads as well as Directions for Carrying Passengers and Luggage by the Road Transport and Directions for the Carrying of Passengers by Taxi””, March 14, 2003. Enteres into force on April 1, 2003. Official Gazette “Valstybes zinios” No. 30-1267, 2003.
The new wording of the directions was approved by the order. The directions for the carrying of the passengers by taxi (further - directions) establish the procedure of carrying the passengers and they are mandatory to all municipality institutions, carriers, taxi drivers, as well as passengers, which use the service of taxi. The directions regulate the requirements for taxi, the work conditions of taxi, the payment for taxi service, the return of the findings. The technical requirements for taximeters, the example card of the taxi driver, the example receipt of the taxi are appendant to the order.
Order No. 3-154 of the Minister of Transport and Communications “On Approval of Compensation Procedure to the Carriers for the Necessary Services of Passengers Transport Rendered to the Society”, March 13, 2003. Entered into force on March 29, 2003. Official Gazette “Valstybes zinios” No. 30-1265, 2003.
The procedure approved by the order provides the regulations for calculating and paying the compensations for the losses that are incurred due to the necessary services, which are rendered to the society by the carrying the passengers on regular local and intraurban routes of buses (trolleybuses). The procedure is not applicable to compensate for the losses of the carriers that are incurred by carrying the passengers on the regular long distance and international routes.
The necessary transport services shall be rendered to the society even it is the profitless to the carrier. The institutions of municipalities make the decisions regarding the necessity to render the service of passenger transport to the society.
2.4 SERVICES OF TOURISM
Law Amending the Law on Tourism of the Republic of Lithuania No. IX-1211, December 3, 2002. Entered into force on April 1, 2003, Official Gazette “Valstybes zinios” No. 123-5507, 2002
The Law on Tourism shall establish the principles and priorities of the tourist industry and organising of independent tourism, requirements in supplying tourist services, the protection of the rights of tourists (consumers) as well as the competence of state or municipal institutions supervising this industry and conditions of utilising tourism resources.
Instead of definitions “tour agent” and “tour operator” a new definition “tour organizer” is determined and implemented by the amendment of the law. The law provides the regulation for the rights and obligations of the tour organizer as well as the security measures for carrying out of organizer’s duties.
The law regulates the following types of tourism services: 1) the service of organizing the travel; 2) the service of providing the tourism information; 3) the services of accommodation; 4) the service of carrying, food service and other tourism services.
In conformity with the regulations of legal acts the following persons has the right to render a service of accommodation: 1) legal persons, which provide the hotel type accommodation; 2) natural persons, which provide bed and breakfast accommodation or the service of country tourism; 3) natural or legal persons, which provide the service of the camping; 4) natural or legal persons, which provide accommodation services on ships and ferries.
The director of the State department of tourism of the Republic of Lithuania has issued separate orders that approved: 1) the requirements for the services of water tourism, camping, bed and breakfast, country tourism, as well as the requirements for classification of camping, hotels, motels, guest houses. The tour organizers or tour agencies that meet the requirements to acquire the certificate, which enables them to render a respective service. The procedure for the issuance of the certificate was approved by the order of the director. All the aforementioned orders of the director of State Tourism Department were promulgated in the Official Gazette No. 31 of 2003 and came into force since 1 April 2003.
Order No. 18-V of the director of State Department of Tourism “On Standard Conditions of the Tourism Services Contract” March 26, 2003. Entered into force on April 1, 2003. Official Gazette “Valstybes zinios” No. 31-1292, 2003.
The contract of tourism services is concluded in conformity with the terms and conditions set by the Civil Code of the Republic of Lithuania and Law on Tourism. According to the Law on Tourism the director of State Department of Tourism has approved the standard conditions for the contract of tourism service.