Įeiti

Licensing of drinking water supply and wastewater management activities.



APPROVED

by the Order No O1E- 

of the Chair of National Energy Regulatory Council

of     December 2019

 

 

DESCRIPTION OF ADMINISTRATIVE SERVICE PROVISION

OF THE NATIONAL ENERGY REGULATORY COUNCIL

 

LICENSING OF DRINKING WATER SUPPLY AND WASTEWATER MANAGEMENT ACTIVITIES

 

1.

Name of the service

Licensing of drinking water supply and wastewater management activities.

2.

Recipients of the service

Legal persons

3.

Type of the service: electronic/non-electronic service

Non-electronic service

3.1.

Link to the e-service (if the service is electronic)

 

3.2.

Link to the application form/forms (if the service is non-electronic)

The application form is approved by the Resolution No O3-400 of the National Control Commission for Prices and Energy of 30 November 2011 "On the Approval of the Form of the Application on Issuing, Changing, Amending a Licence, Issuing a Duplicate of the Licence, Suspending the Validity of a Licence, Annulling the Suspension of Validity of a Licence".

The application shall include the name, legal form, code, registered office, telephone and fax numbers of the legal person, the name of the activity for which the license is applied to, the name, position and telephone number of the manager. The legal person shall also specify the territory of public drinking water and sewage management established by the municipality (s) where the licensed activities will be carried out.

In the content of the application, the legal person shall not only indicate but also provide documents referred to in Point 8 of this table.

4.

Duration of the service provision

The licence shall be issued within 30 days of receipt of the required documents. The National Energy Regulatory Council (hereinafter – the Council) shall issue or change the licence or provide a reasoned written refusal to do so to the legal person. If not all data or documents are submitted, the time limit is counted from the date of submission of all data or documents.

5.

Price of the service

According to the list of specific state fee rates approved by the Resolution No 1458 of the Government of the Republic of Lithuania of 15 December 2000 "On the Approval of the Specific State Fee Rates and the Rules on Payment and Refund", the following fixed state fee rates are paid by the legal person:

Issue of the licence: EUR 579;

Change of the licence: EUR 289.

6.

Methods and procedures of payment for the service (also including the payment possibility for foreigners)

The state fee is paid to the budget revenue collection accounts of the State Tax Inspectorate under the Ministry of Finance.

Payment code for services provided by the Council: 5774.

7.

Description of the service provision process

A license for drinking water supply and wastewater management activities entitles the holder to engage in public drinking water supply and/or wastewater management activities. Public water supplier and wastewater management undertaking (legal person) controlled by the state or municipality (municipalities), which has acquired the right and obligation to execute public water supply in the municipal (several municipalities) public water supply territories (public water supply regions). Licenses are also issued to other legal entities that have the right to carry out drinking water supply and/or wastewater management activities. (One license for a public drinking water supplier (legal person) within the municipal public drinking water supply area. The Municipality Council, by its decision, appoints a public water supplier and a wastewater manager.)

In order to obtain or modify a license, a legal person shall submit to the Council an application in the prescribed format and other documents specified in the Licensing Rules for Drinking Water Supply and Wastewater Management (hereinafter referred to as the Rules).

In the case of a change of license, the legal person shall provide all documents and particulars that have changed since the license application was submitted. In the case of a material change to any of the information provided at the time of the issue or amendment of the license, the legal person shall provide the Council with a reasoned explanation of the change.

The Council shall, within 5 working days of receipt of the application for the issue or modification of the license and other documents required for the issue of the license, provide the legal person applying for the issue or modification of the document with an acknowledgement of receipt.

The Council shall determine whether a legal person willing to obtain or change a license has tax arrears to the State Budget of the Republic of Lithuania, municipal budgets or funds to which taxes are administered by the State Tax Inspectorate (unless the payment of taxes, interest, fines to a legal person is deferred in accordance with the procedure established by the legal acts of the Republic of Lithuania or a tax dispute arises regarding such taxes, interest, fines) and owed to the State Social Insurance Fund. Due to this, the Council shall within 5 days of receipt of the application and the required documents submit a request to the competent public authorities and bodies for certificates of the legal person willing to obtain or replace the license. Public authorities and bodies which have received a request from the licensing authority to produce a certificate on a legal person willing to obtain or modify a license must submit the data specified in the request to the Council within 10 days.

The Council, upon request and with any necessary documentation, shall verify that these documents and the information contained therein meet the requirements for issuing or amending licenses and shall make a decision.

8.

Information and documents to be provided by the person

The following documents or copies thereof must be attached to the application by the legal person:

1. Explanatory notes;

2. Copies of the certificate of registration of the legal person and of the articles of association of the legal person, stamped by the legal person, if the legal person is required to have it, and the signature of the manager;

3. Obligation to fulfil the conditions of the licenced activity;

4. Certificates stating that the legal person has no tax arrears to the budget of the Republic of Lithuania, the municipal budget or funds to which the tax is administered by the State Tax Inspectorate (unless the payment of taxes, default interest, fines to a legal person is deferred in accordance with the procedure established by the legal acts of the Republic of Lithuania or a tax dispute arises regarding such taxes, default interest or fines), and does not owe the State Social Insurance Fund budget;

5. List of licenses and statutory permits held by the legal person in respect of activities in the water sector;

6. Information on the form of possession of the equipment (owned or used by other legal means (method shall be specified), which is indicated by a certificate or certificate of ownership issued by the State Enterprise Center of Registers, a legal agreement on equipment management or other documents proving the legal management or use and the list of equipment required to carry out the respective licensed activities and the capacity or capacity available to the equipment (point 8.1.1 of the Rules, points 7.2, 7.4, 7.6, 9.2.2.1, 9.2.2.5 of the Procedure for Assessment of Technological, Financial and Management Capacity of Companies (hereinafter – the Description) approved by Resolution No O3-6 by the National Control Commission for Prices and Energy of 29 January 2009, Annex 1 to the Description);

7. Information on the intended area of the licensed activity, which shall be specified in the attached scale plans and/or otherwise, the municipality and the residential area (city, town, village) where the facilities are located and/or the boundaries of the networks in the application for the issue or change of the license (points 9.2.2.3 and 9.2.2.4 of the Description);

8. Documents ensuring the safety and quality of drinking water in their ownership or otherwise legally managed and/or used infrastructure and the decision of the appropriate authority to supply water for a limited period of time where one or more parameters do not meet hygiene standards (point 8.1.2 of the Rules);

9. Documents ensuring that wastewater management complies with the set requirements of Wastewater Management Regulation approved by Lithuanian Minister of the Environment on 17 May 2006, Order No. D1-236 "On the Wastewater Management Regulation Approval" (point 8.1.3 of the Rules);

10. The operating balance and profit (loss) accounts and the audit report for the last two financial years (if the activity has been carried out for less than 2 years then for the last year). This requirement shall not apply to legal entities that did not perform any activity prior to the filing of the application (point 8.2 of the Rules);

11. Estimated financial ratios (Annex 2 to the Description) and management capabilities (information on divisions, branches and management bodies, specifying the business units (divisions) and number of employees in the entity performing these functions) (Annexes 32, 33 and 7 to the Description, corresponding to infrastructure activities);

12. Annex 1 to the Description, Points 7.4, 7.6, 9.2.2.1 and 9.2.2.5 of the Description;

13. A document certifying payment of the state fee.

9.

Contact information of the service provider (position, name and surname, e-mail, phone number of the responsible employee)

Specialists from the Water Division of the Heat and Water Department of the Council. Contact information is available on the website of the Council at http://www.vert.lt/lt/struktura-ir-kontaktai/kontaktai

10.

Appeal procedure against actions (inactions) of the service provider

The decisions of the Council shall be appealed in accordance with procedures and conditions laid down by the Law on Administrative Proceedings of the Republic of Lithuania.

11.

Contacts of organisations that can provide necessary information or practical assistance to the recipients of services (if such organisations are known)

 

12.

Legislation regulating the provision of the administrative service

1. Law on Drinking Water Supply and Wastewater Management of the Republic of Lithuania.

2. Law on Drinking Water of the Republic of Lithuania.

3. Licensing Rules for Drinking Water Supply and Wastewater Management approved by Resolution No.89 of the Government of the Republic of Lithuania on 29 January 2007 "On Approval of Licensing Rules for Drinking Water and Wastewater Management".

4. Wastewater Management Regulation approved by the Lithuanian Minister of the Environment on 17 May 2006 Order No. D1-236 "On the Wastewater Management Regulation Approval".

5. Description of the assessment procedures of technological, financial and managerial capabilities of entities approved by the Resolution No O3-6 of the National Control Commission for Prices and Energy of 29 January 2009 "On the Approval of the Description of the Procedure of Assessment of Technological, Financial and Managerial Capabilities of Energy Companies".

6. The form of the application on issuing, changing, amending a licence, issuing a duplicate of the licence, suspending the validity of a licence, annulling the suspension of validity of a licence approved by the Resolution No O3-400 of the National Control Commission for Prices and Energy of 30 November 2011 "On the Approval of the Form of the Application on Issuing, Changing, Amending a Licence, Issuing a Duplicate of the Licence, Suspending the Validity of a Licence, Annulling the Suspension of Validity of a Licence".