COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - LITHUANIA Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results

Council of the European Union

Brussels, 6 February 2017 (OR. en)

5967/17 ADD 17

ENV 103 ECOFIN 70 SOC 68 COMPET 74 POLGEN 9 CONSOM 37

COVER NOTE

From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director

date of receipt: 6 February 2017

To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union

No. Cion doc.: SWD(2017) 48 final

Subject: COMMISSION STAFF WORKING DOCUMENT

The EU Environmental Implementation Review

Country Report - LITHUANIA

Accompanying the document

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions

The EU Environmental Implementation Review: Common Challenges and

how to combine efforts to deliver better results

Delegations will find attached document SWD(2017) 48 final.

Encl.: SWD(2017) 48 final

EUROPEAN COMMISSION

Brussels, 3.2.2017 SWD(2017) 48 final

COMMISSION STAFF WORKING DOCUMENT

The EU Environmental Implementation Review

Country Report - LITHUANIA

Accompanying the document

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions

The EU Environmental Implementation Review: Common Challenges and how to

combine efforts to deliver better results

{COM(2017) 63 final i} {SWD(2017) 33 - 47 final} {SWD(2017) 49 - 60 final}

Lithuania 2

This report has been written by the staff of the Directorate-General for Environment, European

Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu

More information on the European Union is available on the internet (http://europa.eu).

Lithuania 3

Photographs: p.10 – ©virga8/iStock; p.11 – ©Knyva/iStock; p.17 – © vikau/iStock; p.18 – ©Joel

Carillet/iStock; p.19 – © Krivinis/iStock; p.25– ©Birut Vijeikiene/iStock

For reproduction or use of these photos, permission must be sought directly from the copyright holder.

©European Union, 2017

Reproduction is authorised provided the source is acknowledged.

Lithuania 3

Table of Content

EXECUTIVE SUMMARY .................................................................................................................................... 4

PART I: THEMATIC AREAS ............................................................................................................................... 5

• 1. 

  TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-

  CARBON ECONOMY ............................................................................................................................... 5

  Developing a circular economy and improving resource efficiency ..................................................... 5

  Waste management .............................................................................................................................. 7

• 2. 

  PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ....................................................... 9

  Nature and Biodiversity ......................................................................................................................... 9

  Green Infrastructure ........................................................................................................................... 11

  Soil protection ..................................................................................................................................... 12

  Marine protection ............................................................................................................................... 13

• 3. 

  ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 15

  Air quality ............................................................................................................................................ 15

  Noise ................................................................................................................................................. 16

  Water quality and management ......................................................................................................... 16

  Enhancing the sustainability of cities .................................................................................................. 18

  International agreements ................................................................................................................... 19

PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 21

• 4. 

  MARKET BASED INSTRUMENTS AND INVESTMENT ............................................................................ 21

  Green taxation and environmentally harmful subsidies ..................................................................... 21

  Green Public Procurement .................................................................................................................. 22

  Investments: the contribution of EU funds ......................................................................................... 23

• 5. 

  EFFECTIVE GOVERNANCE AND KNOWLEDGE ...................................................................................... 25

  Effective governance within central, regional and local government ................................................. 25

  Compliance assurance ......................................................................................................................... 26

  Public participation and access to justice ........................................................................................... 27

  Access to information, knowledge and evidence ................................................................................ 27

Lithuania 4

Executive summary

About the Environmental Implementation Review water quality is good in Lithuania. Resource and energy

In May 2016, the Commission launched the intensity remains high and exceeding the EU average. Environmental Implementation Review (EIR), a two-year However, its government is taking the first steps towards cycle of analysis, dialogue and collaboration to improve the shift to the circular economy. Notably, waste the implementation of existing EU environmental policy management remains a particular issue in Lithuania. and legislation 1 . As a first step, the Commission drafted Municipal waste disposal in landfills remains its main 28 reports describing the main challenges and treatment option. In recent years investments have opportunities on environmental implementation for each either have been made or planned in a number of MBTs

5

Member State. These reports are meant to stimulate a and additional waste incineration capacity. Lithuania positive debate both on shared environmental challenges should carefully plan further investments in the waste for the EU, as well as on the most effective ways to sector in order not to hinder the achievement of the address the key implementation gaps. The reports rely on 2020 recycling target.

the detailed sectoral implementation reports collected or

issued by the Commission under specific environmental Main Challenges

legislation as well as the 2015 State of the Environment

Report and other reports by the European Environment The main challenges with regard to implementation of EU

Agency. These reports will not replace the specific environmental policy and law in Lithuania are:

instruments to ensure compliance with the EU legal  Waste management remains a challenge for obligations. Lithuania with the foreseen new municipal waste

The reports will broadly follow the outline of the 7th incineration capacities potentially putting at risk the

Environmental Action Programme 2 and refer to the 2030 EU recycling targets.

Agenda for Sustainable development and related  Lithuania remains a resource and energy intensive

Sustainable Development Goals (SDGs) 3 to the extent to country.

which they reflect the existing obligations and policy Main Opportunities objectives of EU environmental law 4 .

The main challenges have been selected by taking into Lithuania could perform better on topics where there is account factors such as the importance or the gravity of already a good knowledge base and good practices. This the environmental implementation issue in the light of applies in particular to:

the impact on the quality of life of the citizens, the  Targeted policy measures and sufficient funding

distance to target, and financial implications. could further enhance Lithuania's performance in

The reports accompany the Communication "The EU eco-innovation.

Environmental Implementation Review 2016: Common  Use of market based instruments could encourage challenges and how to combine efforts to deliver better resource efficiency, particularly in waste results", which identifies challenges that are common to management (e.g. meet the 2020 recycling targets several Member States, provides preliminary conclusions and divert waste from landfill). Vehicle taxation on possible root causes of implementation gaps and could play an important role in supporting a modal proposes joint actions to deliver better results. It also shift from private to public transport. groups in its Annex the actions proposed in each country  More targeted use of the opportunities provided by

report to improve implementation at national level. the ESIF to enhance environmental implementation, as well as the use of EIB loans and EFSI support to

General profile further promote environmental projects would

The status of the environment and especially air and improve progress across the board.

Points of Excellence

1 Communication "Delivering the benefits of EU environmental policies

through a regular Environmental Implementation Review" Where Lithuania is a leader on environmental

( COM/2016/ 316 final ). implementation, innovative approaches could be shared

2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union more widely with other countries. Good examples are:

Environmental Action Programme to 2020 " Living well, within the limits of our planet ".

3 United Nations, 2015. The Sustainable Development Goals

Lithuania v

 A good compliance record, having a low number of further efforts, Lithuania has strengths in certain complaints and infringements. areas such as biotechnology and laser technology.  While eco-innovation in general in Lithuania needs

Part I: Thematic Areas

• 1. 

  Turning the EU into a circular, resource-efficient, green and

  competitive low-carbon economy

Developing a circular economy and improving While Lithuania supports the EU Circular Economy

resource efficiency Package and the shift to the circular economy in general, its government is taking only the first steps towards it.

The 2015 Circular Economy Package emphasizes the need Legislation for promoting and applying the principles of to move towards a lifecycle-driven ‘circular’ economy, circular economy in Lithuania is still in the early stages of with a cascading use of resources and residual waste that development. Furthermore, Lithuania has average is close to zero. This can be facilitated by the achievements in regards to the targets proposed for EU development of, and access to, innovative financial circular economy with areas still needing to be improved.

instruments and funding for eco-innovation. Figure 1: Resource productivity 2003-15 9

SDG 8 invites countries to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all. SDG 9 highlights the need to build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation. SDG 12 encourages countries to achieve the sustainable management and efficient use of natural resources by 2030.

Measures towards a circular economy

Transforming our economies from linear to circular offers an opportunity to reinvent them and make more sustainable and competitive. This will bring both short and long-term benefits for the economy, industries, and

citizens alike. 6 Among the proposed priorities in the Lithuanian Smart Specialisation Strategy, circular economy is specifically

There is untapped potential for the whole economy, as targeted by the use of alternative fuels to increase well as for economic sectors and individual companies to energy efficiency, efficient waste management and benefit from the shift to the circular economy, which rationalisation of various production cycles to include could reduce costs, facilitate growth and recycled resources.

competitiveness, as well as job creation; while at the

same time would address resource challenges. Figure 1 Moreover, waste management and recycling have had a bigger visibility in the recent years in Lithuania. Since

shows that resource productivity (how efficiently the

economy uses material resources to produce wealth) 7 , 2014, the Packaging Innovations and Research Centre (at with 0.80 EUR/kg (EU average is 2) in Lithuania has only Kaunas University of Technology) has been conducting slightly increased since 2008, however, it still remained research into sustainable development and

significantly below the EU average in 2015. 8 environmental impact of packages. New businesses are also emerging (Polymer Recycling, Esco) that base their

The main drivers for the transition to the circular business model on recycling waste into new materials.

economy are the support from EU funds and

collaborative grants for eco-innovation with Norway. The low level of eco-innovation remains a challenge for Lithuania. This is compounded by the low level of private

sector investment and lack of suitable skills in

6 European Commission, 2015. Proposed Circular Economy Package

7 environmental sectors. Resource productivity is defined as the ratio between gross domestic

product (GDP) and domestic material consumption (DMC).

8 Eurostat, Resource productivity , accessed October 2016 9 Eurostat, Resource productivity , accessed October 2016

Lithuania 6

SMEs and resource efficiency Since 2013, the policy framework for eco-innovation has

In the Flash Eurobarometer 426 "SMEs, resource been significantly improved, especially with two major efficiency and green markets" 10 it is shown that 39% of programmes and strategies that cover national actions

Lithuania's SMEs have invested up to 5% of their annual for eco-innovation 12 . The promotion of eco-innovation in

turnover in their resource efficiency actions Lithuania is covered under the general innovation policy

(EU28 average 50%), 29% of them are currently offering agenda - Lithuanian Innovation Development Programme green products and services (EU28 average 26%), 50% for 2014-2020, the strategic aim of which is to promote took measures to save energy (EU28 average 59%), 33% Lithuania’s global competitiveness by establishing an to minimise waste (EU28 average 60%), 45% to save effective innovation system. Growing potential in ecowater (EU28 average 44%), and 46% to save materials innovation is expected in construction, solar energy, (EU28 average 54%). From a circular economy waste management and green transport.

perspective, 12% took measures to recycle by reusing Figure 2: Eco-Innovation Index 2015 (EU=100) 13

material or waste within the company, 13% to design products that are easier to maintain, repair or reuse and

24% were able to sell their scrap material to another company. The resource efficiency actions undertaken allowed the reduction of production costs in a 56% of the Lithuanian SMEs (EU average 45%).

The Flash Eurobarometer shows that 19% of the SMEs in

Lithuania have one or more full time employee working in a green job at least some of the time. Lithuania has an average number of 1.4 full time green employees per

SME. 11

Eco-Innovation

The composite eco-innovation index for Lithuania rose from 66 in 2013 to 72.9 in 2015, as depicted in Figure 2.

 A major economic driver for eco-innovation is the funding support from EU measures and a continuing partnership between Lithuania and Norway.

This partnership in particular has led to the establishment of the Green Industry Innovation

Programme based on the Norwegian Financial

Mechanism 2009-2014. The programme has helped fund many new innovations and has been a great contributing force towards moving Lithuania in the direction of ecoinnovation.

The partnership with Norway also acts as a driver of

cultural change for Lithuanian businesses. Though the The Smart Specialisation Strategy, adopted in 2015, last call for the Green Industry Innovation Programme promotes economic growth and the contribution of was issued in 2015, the partnership has continued in knowledge-intensive economic activities to GDP, in other aspects. In particular matchmaking events between particular, biotechnology, which is a priority area for Lithuanian and Norwegian businesses have been planned agro-innovation and food technologies, as well as laser for 2016 and 2017 to continue spreading good practice of technology for use in biomedical applications. eco-innovation in Lithuania (waste management in The programme includes an action plan for sustainable particular). use of agro-biological resources and safe food.

While progress towards increased promotion of

10 European Commission, 2015. Flash 426 Eurobarometer "SMEs, innovation in general can be observed in the Lithuanian

resource efficiency and green markets" policy landscape, the key barrier still remains the lack of

11 The Flash Eurobarometer 426 "SMEs, resource efficiency and green policy measures for the promotion of eco-innovation.

markets" defines "green job" as a job that directly deals with information, technologies, or materials that preserves or restores environmental quality. This requires specialised skills, knowledge,

training, or experience (e.g. verifying compliance with environmental 12 Lithuanian Innovation Development Programme for 2014-2020 and

legislation, monitoring resource efficiency within the company, Lithuanian Smart Specialisation Strategy

promoting and selling green products and services). 13 Eco-innovation Observatory : Eco-Innovation scoreboard 2015

Lithuania 7

Another interrelated problem is that for a long time there was no common understanding about eco-innovation among various institutions, ministries and SMEs.

A potential problem in the future is that funding for innovation in general, and eco-innovation in particular, heavily relies on the European Structural Funds (ESF).

Waste management

Turning waste into a resource requires:

− Full implementation of Union waste legislation, which includes the waste hierarchy; the need to ensure separate collection of waste; the landfill diversion targets etc.

− Reducing per capita waste generation and waste

generation in absolute terms. Although in 2014, Lithuania decreased the amounts of

Limiting energy recovery to non-recyclable materials and municipal waste landfilled compared to 2013 (64% in

phasing out landfilling of recyclable or recoverable waste. 2013, 60% in 2014), it was still significantly above the EU

SDG 12 invites countries to substantially reduce waste average of 28%. Disposal in landfills remained Lithuania's

generation through prevention, reduction, recycling and main treatment option of municipal waste. Composting

reuse, by 2030. has increased from 8% in 2013 to 10% in 2014 (EU average 16% in 2014).

The EU's approach to waste management is based on Even though in 2014 recycling of municipal waste at 31% the "waste hierarchy" which sets out an order of priority has slightly increased compared to the year before (EU when shaping waste policy and managing waste at average 44% in 2014), this stagnation puts Lithuania at the operational level: prevention, (preparing for) reuse, risk of not meeting the 50% recycling target by 2020 as recycling, recovery and, as the least preferred option, shown in Figure 4. 16

disposal (which includes landfilling and incineration

without energy recovery). Figure 4: Recycling rate of municipal waste 2007-14

17

The progress towards reaching recycling targets and the adoption of adequate WMP/WPP should be the key items to measure the performance of Member States.

This section focuses on management of municipal waste for which EU law sets mandatory recycling targets.

In 2014, municipal waste generation in Lithuania remained just slightly below the EU average

(433 kg/y/inhabitant compared to around 474 kg on

average). 14 Figure 3 depicts the municipal waste by

treatment in Lithuania in terms of kg per capita.

Figure 3: Municipal waste by treatment in Lithuania 2007-

14 15

Lithuania has not fulfilled the 2010 target for biodegradable waste diversion from landfills (to no more

16 Member States may choose a different method than the one used by 14 Eurostat, Municipal waste and treatment, by type of treatment ESTAT (and referred to in this report) to calculate their recycling rates

method, accessed October 2016 and track compliance with the 2020 target of 50% recycling of

15 Eurostat, Municipal waste and treatment, by type of treatment municipal waste. method, accessed October 2016 17 Eurostat, Recycling rate of municipal waste , accessed October 2016

Lithuania 8

than 85% of 1995 level). Nevertheless, Lithuania has and increase the annual turnover of the waste sector by

reduced the amount of biodegradable municipal waste over EUR 630 million. 19

going to landfill to 55% by 2012.

Lithuania met the packaging waste recycling target in EU structural and investment funds are an important 2012. However, in 2013 the recycling rate decreased source of funding for improved waste management from 62.2% in 2012 to 53.5% in 2013 placing it below system in Lithuania. In 2007-2013 190 million EUR were the target of 55%. In order to help bridge the invested into waste management projects, including implementation gap in Lithuania, the Commission has construction of 9 regional mechanical and biological delivered a roadmap for Lithuania 18 for compliance in waste treatment plants, remediation of 340 old

which economic instruments play a crucial role. landfills/dumpsites, construction of numerous bulky waste collection and green waste composting sites,

Managing waste efficiently and reaching the 2020 extension of separate waste collection system (210 000 recycling target of 50% remains a challenge in Lithuania. containers for recyclable and biodegradable waste).

Comparing to the previous year, waste management has

improved; however, further investments in separate In the 2014-2020 period 87,2 million EUR investment collection and recycling will be needed in Lithuania in from the Cohesion Fund is planned to support further

order to reach the 2020 recycling target. development of the separate collection of waste, modernisation of capacities to prepare waste for

In 2014, Lithuania adopted its National Waste recycling, reuse or other recovery (sorting lines, other Management Plan 2014-2020 (last amendment in June equipment), and modernisation of the waste 2016) and in 2013 the National Waste Prevention management information system and monitoring.

Programme.

Suggested action

Furthermore, in June 2016 Lithuania amended its Waste

management plan including two new Combined Heat and • Gradually increase landfill taxes to phase-out landfilling

Power plant (CHP) in Vilnius and/or in Kaunas with a of recyclable and recoverable waste. Use the revenues combined incineration capacity of municipal waste of to support the separate collection and alternative 360,000 t/y. The construction of two additional CHPs is infrastructure in conjunction with a better allocation of likely to lead to municipal waste incineration the cohesion policy funds to the first steps of waste overcapacity. Lithuania plans to incinerate 30% of its hierarchy. Avoid building excessive infrastructure for

municipal waste. the treatment of residual waste (the existing incinerating facilities could treat approximately 30% of

However, this calculation includes the 'stocks' of refusemunicipal waste.). derived fuel to be cumulated over the next several years • Focus more effort on implementation of the separate (equivalent to 100,000 t/y in terms of capacity) and collection obligation to increase recycling rates.

packaging waste (60,000 t/y). Use the economic instruments (e.g. PAYT) to support transition towards more recycling.

In the light of the on-going review of the recycling targets and landfill restrictions for municipal waste

(COM(2015)595 i, 594 i) – 65% recycling target for 2030 and possible upwards review of the targets by 2025 and a landfill restriction to 10% for 2030 – the Commission services consider that the optimal incineration capacity in a country is 20-25% of municipal waste generated.

Incineration capacity in excess of this is likely to further hinder Lithuania from meeting the 50% recycling target in

2020 and future increase of that target level.

Full implementation of the existing legislation could create more than 5200 jobs in Lithuania and increase the annual turnover of the waste sector by EUR 550 million. Moving towards the targets of the Roadmap on resource efficiency could create over 3000 additional jobs

19 Bio Intelligence service, 2011. Implementing EU Waste legislation for 18 European Commission, Support to Member States in improving waste Green Growth , study for European Commission. The breakdown per

management based on assessment of Member States’ performance, country on job creation was made by the consultant on Commission Roadmap for Lithuania demand but was not included in the published document.

Lithuania 9

• 2. 

  Protecting, conserving and enhancing natural capital

Nature and Biodiversity assessment

21 of the SCIs part of the Natura 2000 network

shows that there are insufficiencies in designation as

The EU Biodiversity Strategy aims to halt the loss of shown in Figure 5 22 . biodiversity in the EU by 2020, restore ecosystems and Figure 5: Sufficiency assessment of SCI networks in their services in so far as feasible, and step up efforts to Lithuania based on the situation until December 2013 avert global biodiversity loss. The EU Birds and Habitats (%) 23

Directives aim at achieving favourable conservation status of protected species and habitats.

SDG 14 requires countries to conserve and sustainably use the oceans, seas and marine resources, while SDG 15 requires countries to protect, restore and promote the sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss.

The 1992 EU Habitats Directive and the 1979 Birds

Directive are the cornerstone of the European legislation aimed at the conservation of the EU's wildlife. Natura

2000, the largest coordinated network of protected areas in the world, is the key instrument to achieve and implement the Directives' objectives to ensure the longterm protection, conservation and survival of Europe's most valuable and threatened species and habitats and the ecosystems they underpin.

The adequate designation of protected sites as Special

Ares of Conservation (SAC) under the Habitats Directive Between 2011-2015 Lithuania carried out a national and as Special Protection Areas (SPA) under the Birds habitat inventory with a view to determine the exact Directive is a key milestone towards meeting the localization of natural habitats and also to collect objectives of the Directives. The results of Habitats the necessary data needed for establishing favourable Directive Article 17 and Birds Directive Article 12 reports reference values and the relevant conservation and the progress towards adequate Sites of Community objectives for each habitat type. Preliminary results of Importance (SCI)-SPA and SAC designation 20 both in land the exercise strongly suggest that the information on and at sea, should be the key items to measure the the present SCI’s will have to be substantially reviewed as performance of Member States. to reflect the current reality. Furthermore, it also points

to the idea that the current SCI network might be

By early 2016, 12.16% of the national land area of incomplete for some habitat types and species.

Lithuania is covered by Natura 2000 (EU average 18.1%),

with Birds Directive SPAs covering 8.47% (EU average Nevertheless, despite the uncertainties, species 12.3%) and Habitats Directive SCIs covering 9.40% conservation plans and management plans of protected

(EU average 13.8%). The list of SPAs in Lithuania

comprises 83 sites covering a total area of over 626 000 21 For each Member State, the Commission assesses whether the

ha, while the list of SCIs consists of 410 sites covering 667 species and habitat types on Annexes I and II of the Habitats Directive, are sufficiently represented by the sites designated to

000 ha. The area of overlapping SPAs and SCIs is about date. This is expressed as a percentage of species and habitats for

385 000 ha. With the establishment of the last marine which further areas need to be designated in order to complete the

SPA in July 2015 Lithuanian network of SPAs is being network in that country. The current data , which were assessed in

considered as completed. However, the latest 2014-2015, reflect the situation up until December 2013. 22 The percentages in Figure 5 refer to percentages of the total number

of assessments (one assessment covering 1 species or 1 habitat in a

20 Sites of Community Importance (SCIs) are designated pursuant to the given biographical region with the Member State); if a habitat type or

Habitats Directive whereas Special Areas of Protection (SPAs) are a species occurs in more than 1 Biogeographic region within a given designated pursuant to the Birds Directive; figures of coverage do Member State, there will be as many individual assessments as there not add up due to the fact that some SCIs and SPAs overlap. Special are Biogeographic regions with an occurrence of that species or Areas of Conservation (SACs) means a SCI designated by the Member habitat in this Member State.

States. 23 European Commission internal assessment.

Lithuania 10

areas continue being developed in Lithuania according to of financial resources. Nevertheless, it is unlikely that the the requirements of the European legislation. At present, PAF alone will solve the sustainability concerns of the there are 82 management plans for Natura 2000 sites grassland habitats. adopted, and 143 in preparation at different stages of

development. As pointed out in the last Habitat Directive According to the latest report on the conservation

Article 17 24 Report, the main identified difficulties for status

25 of habitats and species covered by the Habitats

implementation of the required nature management Directive, 18.5% of the habitats biogeographic activities over the Natura 2000 network in Lithuania are assessments were favourable in 2013 (EU 27: 16%). the lack of financial resources for the funding of Furthermore, 52% are considered to be unfavourable– surveillance of species and habitats as well as for inadequate (EU27: 47%) and 24% are unfavourable – bad

activities related to habitat restoration and maintenance. (EU27: 30%). As for the species, 26.5% of the assessments were favourable in 2013, 55% at

unfavourable-inadequate (EU27: 42%) and 10% unfavourable-bad status (EU27: 18%). This is depicted in

Figure 6 26 .

Figure 6: Conservation status of habitats and species in

Lithuania in 2007/2013 (%) 27

Only 6.3% of the unfavourable assessments for species were showing a positive trend in 2013 and no unfavourable assessments for habitats were showing a

Conflicts between commercial agricultural or forestry positive trend in 2013.

activities and the particular management of the land for

nature protection needs represent a serious limiting As far as birds are concerned, 77% of the breeding

factor. This is especially where specific pastures or forest 25

conditions are no longer economically profitable. The Conservation status is assessed using a standard methodology as being either ‘favourable’, ‘unfavourable-inadequate’ and

grassland habitats in need of protection under Natura ‘unfavourable-bad’, based on four parameters as defined in Article 1

2000 are the weakest links of the network in Lithuania. of the Habitats Directive. 26

Please note that a direct comparison between 2007 and 2013 data is

The Prioritised Action Framework is expected to provide complicated by the fact that Bulgaria and Romania were not covered by the 2007 reporting cycle, that the ‘unknown’ assessments have

tools to mitigate some of those critical cases of strongly diminished particularly for species, and that some reported deterioration of habitats generated by now obsolete changes are not real as they result from improved data / monitoring

agricultural practices through a better focused allocation methods. 27 These figures show the percentage of biogeographical assessments in

each category of conservation status for habitats and species (one assessment covering 1 species or 1 habitat in a given biographical

24 The core of the ‘Article 17’ report is the assessment of conservation region with the Member State), respectively. The information is status of the habitats and species targeted by the Habitats Directive based on the ‘ Article 17’ report – national summary of Lithuania.

Lithuania 11

species showed short-term increasing or stable site and species permitting procedures, ensuring the population trends (for wintering species this figure was necessary knowledge and data availability. Strengthen 56%). communication with stakeholders.

• Continue support to the mapping and assessment of ecosystems and their services, valuation and development of natural capital accounting systems.

Figure 7: Short-term population trend of breeding and

wintering bird species in Lithuania in 2012 (%) 28

Green Infrastructure

The EU strategy on green infrastructure 29 promotes the

incorporation of green infrastructure into related plans and programmes to help overcome fragmentation of habitats and preserve or restore ecological connectivity, enhance ecosystem resilience and thereby ensure the continued provision of ecosystem services.

Green Infrastructure provides ecological, economic and social benefits through natural solutions. It helps to understand the value of the benefits that nature provides to human society and to mobilise investments to sustain and enhance them.

The backbone of green infrastructure in Lithuania is

In 2014-2020 financing period 50 million EUR of ESI funds the national legislation on ecological network, which are earmarked for nature protection, biodiversity, Natura requires incorporating protected areas and other 2000 and green infrastructure. It will help to restore ecologically and biologically valuable areas into spatial favourable conservation status in 1,150 hectares surface planning processes with the aims to:

area of habitats.

− protect biodiversity, landscape and natural recreational resources;

− to make interlinkages among the most ecologically valuable habitats;

− to form migration corridors; − to enhance areas of forests; and − to regulate development of urbanization and agriculture.

The Action Plan on Conservation of Landscape and Biodiversity for the period of 2015–2020 sets a strategic goal for Lithuania to halt biodiversity loss and degradation of ecosystems and their services and, where possible, to restore them.

Suggested action The Process of preparation and implementation of

• Complete the Natura 2000 designation process and put management plans for protected areas as well as action in place clearly defined conservation objectives and plans for protected species is ongoing.

the necessary conservation measures for the sites and

provide adequate resources for their implementation Nine border municipalities in Latvia and Lithuania are in order to maintain/restore species and habitats of cooperating under the motto “Let’s make our cities community interest to a favourable conservation status greener” in order to restore urban parks and green across their natural range. infrastructure; improve the wellbeing, awareness and • Develop and promote smart and streamlined engagement of citizens to maintain green areas in their

implementation approaches, in particular as regards neighbourhood; and enable city planners to integrate green infrastructure in urban space.

28 Article 12 of the Birds Directive reporting - national summary of 29 European Union, Green Infrastructure — Enhancing Europe’s Natural

Lithuania Capital,( COM/2013/0249)

Lithuania 12

A LIFE+ project for the establishment of a pilot ecological land in 2009 was 2.05%, below the EU average (3.23%) 32 .

network in South Lithuania, completed in 2015, carried out activities for the protection of target species, Figure 8 shows the different land cover types in Lithuania the restoration of their habitats, the creation of an in 2012. ecological network and education of local communities.

The ecological network model is intended for replication The soil water erosion rate in 2010 was 0.52 tonnes per

to the entire territory of Lithuania. The project further ha per year, well below EU-28 average (2.46 tonnes) 33 .

raised local awareness of the importance of ecological

networks for nature and for people 30 . There are still not EU-wide datasets enabling the provision of benchmark indicators for soil organic matter

Soil protection decline, contaminated sites, pressures on soil biology and diffuse pollution.

The EU Soil Thematic Strategy highlights the need to Figure 8: Land Cover types in Lithuania in 2012 34

ensure a sustainable use of soils. This requires the prevention of further soil degradation and the preservation of its functions, as well as the restoration of degraded soils. The 2011 Road Map for Resource

Efficient Europe, part of Europe 2020 Strategy provides that by 2020, EU policies take into account their direct and indirect impact on land use in the EU and globally, and the rate of land take is on track with an aim to achieve no net land take by 2050.

SDG 15 requires countries to combat desertification, restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land-degradation-neutral world by 2030.

Soil is an important resource for life and the economy. It provides key ecosystem services including the provision of food, fibre and biomass for renewable energy, carbon sequestration, water purification and flood regulation, the provision of raw and building material. Soil is a finite and extremely fragile resource and increasingly degrading in the EU. Land taken by urban development and infrastructure is highly unlikely to be reverted to its natural state; it consumes mostly agricultural land and increases fragmentation of habitats. Soil protection is indirectly addressed in existing EU policies in areas such

as agriculture, water, waste, chemicals, and prevention However, since 1999, Lithuania is implementing a longof

industrial pollution. term project “Database fulfilment of geological environment’s contaminated sites”. During this period

Artificial land cover is used for settlements, production (until beginning 2016), 12,278 potentially contaminated systems and infrastructure. It may itself be split between sites have been inventoried (Figure 8a).

built-up areas (buildings) and non-built-up areas (such as Figure 8a. Inventorisation of potentially contaminated

linear transport networks and associated areas). sites 35

The annual land take rate (growth of artificial areas) as provided by CORINE Land Cover was 0.29% in Lithuania over the period 2006-12, below the EU average (0.41%).

It represented 612 hectares per year and was mainly driven by new construction, together with the extension

of mines and quarry areas 31 . The percentage of built up

32 European Environment Agency, 2016. Imperviousness and 30 LIFE09 NAT/LT/000581: http://www.glis.lt/ekotinklas/index.php/lt/ imperviousness change, Figure 1

(in Lithuanian) 33 Eurostat, Soil water erosion rate , Figure 2, accessed November 2016

31 European Environment Agency Draft results of CORINE Land Cover 34 European Environment Agency, 2016. Land cover 2012 and changes

(CLC) inventory 2012; mean annual land take 2006-12 as a % of 2006 country analysis [publication forthcoming]

artificial land. 35 Lithuanian Geological Survey. Annual Report, 2015.

Lithuania 13

3 0 9 6 9

9 8 The Marine Strategy Framework Directive (MSFD) 39 aims

85 09 13 15 17

08 27 12000

10 11 11 11 11

12 12 to achieve Good Environmental Status (GES) of the EU's 10000 marine waters by 2020 by providing an ecosystem 8000 approach to the management of human activities with

02

55 65 impact on the marine environment. The Directive

6000 87

59

71 51

42 requires Member States to develop and implement a

4000 98 91

16 31 27 marine strategy for their marine waters, and cooperate

25 23

2000 41 16 12 with Member States sharing the same marine region or 0 subregion.

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

As part of their marine strategies, Member States had to make an initial assessment of their marine waters,

In the time period from 2007 until 2015, more than 1000 determine GES 40 and establish environmental targets by contaminated sites were investigated. 887 of them are July 2012. They also had to establish monitoring preliminary eco-geological investigations, 210 detailed programmes for the on-going assessment of their marine eco-geological investigations and 88 control waters by July 2014. The next element of their marine investigations after remediation of contaminated sites. strategy is to establish a Programme of Measures (2016).

The Commission assesses whether these elements constitute an appropriate framework to meet the

Figure 8b. Environmental investigations and requirements of the MSFD. remediation of contaminated sites 36

Lithuanian marine waters are part of the Baltic Sea marine region. Lithuania is therefore party to the Convention on the Protection of the Marine Environment of the Baltic Sea (HELCOM). In the Baltic Sea, main risks for biodiversity relate to eutrophication, overfishing and bycatch, pollution by contaminants and oil, and introduction of non-indigenous species.

With regard to the implementation of MSFD, Lithuania determined its good environmental status (GES) in 2012, but the Commission's assessment revealed that GES was inadequate or partially adequate for a majority of

Intensified remediation of contaminated sites is descriptors. However, on the positive side, the attention 41

promoted by National Environment Protection Strategy given to seabird abundance is encouraging .

(2015) 37 and Management Plan of Contaminated sites for

2013-2023 approved by the Minister of Environment 38 . It is however too early to say whether Lithuanian marine waters are in good status because of these inadequacies

An updated inventory and assessment of soil protection in defining what ''good environmental status" is.

policy instruments in Lithuania and other EU Member

States is being performed by the EU Expert Group on Soil Lithuania established a monitoring programme of its

Protection. marine waters in 2014. However it seems that its

monitoring programmes for all descriptors apart from

Marine protection eutrophication, hydrographical changes and

The EU Coastal and Marine Policy and legislation require contaminants in seafood need further refinement to that by 2020 the impact of pressures on marine waters is constitute an appropriate framework to monitor progress reduced to achieve or maintain good environmental towards GES and targets, especially since Lithuania also

status and coastal zones are managed sustainably. reports that its monitoring programme will not be in place before (or even after in many cases) 2020 for most

SDG 14 requires countries to conserve and sustainably use the oceans, seas and marine resources for sustainable development. 39 European Union, Marine Strategy Framework Directive 2008/56/EC

40 The MSFD defines Good Environmental Status (GES) in Article 3 as:

“The environmental status of marine waters where these provide ecologically diverse and dynamic oceans and seas which are clean, healthy and productive”

36 Lithuanian Geological Survey. Annual Report, 2015. 41 Report from the Commission "The first phase of implementation of

37 National Environment Protection Strategy the Marine Strategy Framework Directive (2008/56/EC) - The

38 Management Plan of Contaminated sites for 2013-2023 European Commission's assessment and guidance" COM(2014)097

Lithuania 14

descriptors 42 .

Lithuanian marine protected areas covered 673.8 square

kilometres of its marine waters in the Baltic Sea 43 .

In its reports on the implementation of the MSFD 44 ,

the Commission provided guidance to assist Lithuania in its implementation of the Directive.

The use and protection of marine areas of Lithuania are regulated by the Upgrading of the Comprehensive Plan of the Republic of Lithuania by Marine Areas, approved by the Parliament of the Republic of Lithuania by the

Resolution No. XII-1781 on 11th of June, 2015.

Suggested action

• Continue work to improve the definitions of GES in particular for biodiversity descriptors, including through regional cooperation by using the work of the relevant Regional Sea Convention.

• Identify and address knowledge gaps.

• Further develop approaches assessing (and quantifying) impacts from the main pressures in order

to lead to improved and more conclusive assessment results for 2018 reporting.

• Continue to integrate monitoring programmes already existing under relevant EU legislation, and to implement, where they exist, joint monitoring programmes developed at (sub)regional level, for instance by HELCOM.

• Enhance comparability and consistency of monitoring approaches within its marine region.

• Urgently report and implement its programme of

measures 45 .

• Ensure that the monitoring programme is implemented without delay, addresses all descriptors and is appropriate to monitor progress towards GES.

42 Commission Staff Working Document Accompanying the Commission

Report assessing Member States' monitoring programmes under the Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1 final)

43 2012 Data provided by the European Environmental Agency to the

European Commission– Not published

44 Report from the Commission "The first phase of implementation of the Marine Strategy Framework Directive (2008/56/EC) - The

European Commission's assessment and guidance" COM(2014)097

45 As of 7.10.2016, Lithuania has not yet reported its programme of measures to the Commission.

Lithuania 15

• 3. 

  Ensuring citizens' health and quality of life

Air quality ammonia (-52%) as well as volatile organic compounds (-52%) ensure air emissions for these pollutants are

The EU Clean Air Policy and legislation require that air within the currently applicable national emission

quality in the Union is significantly improved, moving ceilings 48 .

closer to the WHO recommended levels. Air pollution

and its impacts on ecosystems and biodiversity should be At the same time, air quality in Lithuania continues to further reduced with the long-term aim of not exceeding give cause for concern. For the year 2013, the European

critical loads and levels. This requires strengthening Environment Agency 49 estimated that about 3 170

efforts to reach full compliance with Union air quality premature deaths were attributable to fine particulate

legislation and defining strategic targets and actions matter concentrations 50 and 90 to ozone beyond 2020. concentrations 51 . This is due also to exceedances above

the EU air quality standards such as shown in Figure 9 52 .

The EU has developed a comprehensive suite of air

quality legislation 46 , which establishes health-based For 2014, exceedances above the EU air quality standards standards and objectives for a number of air pollutants. have been registered for particulate matter in one air As part of this, Member States are also required to quality zone (Vilnius). Furthermore, exceedances have

Figure 9: Attainment situation for PM10, NO2 and O3 in 2014

ensure that up-to-date information on ambient 48

concentrations of different air pollutants is routinely The current national emission ceilings apply since 2010 ( Directive 2001/81/EC ); revised ceilings for 2020 and 2030 have been set by

made available to the public. In addition, the National Directive (EU) 2016/2284 on the reduction of national emissions of

Emission Ceilings Directive provides for emission certain atmospheric pollutants, amending Directive 2003/35/EC i and

reductions at national level that should be achieved for repealing Directive 2001/81/EC i. 49

main pollutants. European Environment Agency, 2016. Air Quality in Europe – 2016 Report . (Table 10.2, please see details in this report as regards the

underpinning methodology).

The emission of several air pollutants has decreased 50 Particulate matter (PM) is a mixture of aerosol particles (solid and

significantly in Lithuania 47 . Reductions between 1990 and liquid) covering a wide range of sizes and chemical compositions.

2014 for sulphur oxides (-89%), nitrogen oxides (-60%), PM10 (PM2.5) refers to particles with a diameter of 10 (2.5) micrometres or less. PM is emitted from many human sources,

including combustion.

51 Low level ozone is produced by photochemical action on pollution 46 European Commission, 2016. Air Quality Standards and it is also a greenhouse gas

47 See EIONET Central Data Repository and Air pollutant emissions data 52 Based on European Environment Agency, 2016. Air Quality in Europe viewer (NEC Directive) – 2016 Report . (Figures 4.1, 5.1 and 6.1)

Lithuania 16

been registered for long-term objectives regarding ozone with regards to the Environmental Noise Directive 56 for

concentration in three air quality zones for daily the current reporting period. concentration and in one air quality zone for annual

mean concentration 53 . Water quality and management

It has been estimated that the health-related external The EU water policy and legislation require that the costs from air pollution in Lithuania are above EUR 1 impact of pressures on transitional, coastal and fresh billion/year (income adjusted, 2010), which include not waters (including surface and ground waters) is only the intrinsic value of living a full health life but also significantly reduced to achieve, maintain or enhance direct costs to the economy. These direct economic costs good status of water bodies, as defined by the Water relate to 488 thousand workdays lost each year due to Framework Directive; that citizens throughout the Union sickness related to air pollution, with associated costs for benefit from high standards for safe drinking and bathing employers of EUR 37 million/year (income adjusted, water; and that the nutrient cycle (nitrogen and 2010), for healthcare of above EUR 5 million/year phosphorus) is managed in a more sustainable and (income adjusted, 2010), and for agriculture (crop losses) resource-efficient way. of EUR 17 million/year (2010) 54 . SDG 6 encourages countries to ensure availability and

sustainable management of water and sanitation for all. In 2014-2020, EUR 20 million of ESI funds are planned for

actions ensuring better air quality and integrated The main overall objective of EU water policy and pollution prevention and control. legislation is to ensure access to good quality water in

sufficient quantity for all Europeans. The EU water

Suggested action acquis

57 seeks to ensure good status of all water bodies

across Europe by addressing pollution sources (from e.g.

• Maintain downward emissions trends of air pollutants agriculture, urban areas and industrial activities), physical in order to achieve full compliance with air quality limit and hydrological modifications to water bodies) and the values - and reduce adverse air pollution impacts on management of risks of flooding.

health, environment and economy.

• Reduce PM River Basin Management Plans (RBMPs) are a 10 emission and concentration, inter alia, by reducing emissions related to energy and heat requirement of the Water Framework Directive and a generation using solid fuels, to transport and to means of achieving the protection, improvement and

agriculture. sustainable use of the water environment across Europe. This includes surface freshwaters such as lakes and rivers,

Noise groundwater, estuaries and coastal waters up to one

The Environmental Noise Directive provides for a nautical mile.

common approach for the avoidance, prevention and

reduction of harmful effects due to exposure to In its first generation of RBMPs Lithuania reported the status of 832 rivers, 354 lakes, 4 transitional, 2

environmental noise. coastal and 20 groundwater bodies 58 . 50% of natural

Excessive noise is one of the main causes of health surface water bodies achieve a good or high ecological

issues 55 . To alleviate this, the EU acquis sets out several status 59 and only 37% of heavily modified or artificial requirements, including assessing the exposure to water bodies 60 achieve a good or high ecological

environmental noise through noise mapping, ensuring that information on environmental noise and its effects is 56

made available to the public, and adopting action plans The Noise Directive requires Member States to prepare and publish, every 5 years, noise maps and noise management action plans for

with a view to preventing and reducing environmental agglomerations with more than 100,000 inhabitants, and for major noise where necessary and to preserving the acoustic roads, railways and airports.

environment quality where it is good. 57 This includes the Bathing Waters Directive (2006/7/EC); the Urban Waste Water Treatment Directive (91/271/EEC) concerning

discharges of municipal and some industrial waste waters; the

Lithuanian authorities have fulfilled all their obligations Drinking Water Directive (98/83/EC) concerning potable water

quality; the Water Framework Directive (2000/60/EC) concerning water resources management; the Nitrates Directive (91/676/EEC) and the Floods Directive (2007/60/EC)

53 See The EEA/Eionet Air Quality Portal and the related Central Data 58 For groundwater, a precautionary approach has been taken that

Repository comprises a prohibition on direct discharges to groundwater, and a

54 These figures are based on the Impact Assessment for the European requirement to monitor groundwater bodies.

Commission Integrated Clean Air Package (2013) 59 Good ecological status is defined in the Water Framework Directive

55 WHO/JRC, 2011, Burden of disease from environmental noise, referring to the quality of the biological community, the hydrological

Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds), characteristics and the chemical characteristics.

World Health Organization, Regional Office for Europe , Copenhagen, 60 Many European river basins and waters have been altered by human Denmark activities, such as land drainage, flood protection, and, building of

Lithuania 17

potential. Almost 100% of surface water bodies, almost chemical and indicator parameters laid down in

100% of heavily modified and artificial water bodies and the Drinking Water Directive 63 .

100% of groundwater bodies achieve good chemical

status 61 . Though 100% of groundwater bodies are in Figure 10 shows that in 2015 in Lithuania out of 112

good quantitative and chemical status, and 5 bathing waters, 85.7% were of excellent quality, 8.0% of groundwater bodies are classified as “groundwater good quality and 0.9% of sufficient quality. 1 bathing bodies at risk” because of mineral water intrusion to water was of poor quality or non-compliant while it was

drinking water aquifers. not possible to assess the remaining 5 bathing waters. 64

Figure 10: Bathing water quality 2012–15 65

The main pressure for the Lithuanian surface water is

diffuse pollution 62 mainly from agriculture that affects

26% of water bodies on average.

The Lithuanian RBMPs have a number of deficiencies that

result in uncertainties about the status, pressures and With a total generated load of 2.7 million population effectiveness of Programmes of Measures. In particular equivalents (p.e.), the final deadline to fully comply with there were weaknesses in monitoring and methods for the Urban Waste Water Treatment Directive (UWWTD) in assessment and classification of both the ecological and Lithuania was end 2009 for all 67 agglomerations above chemical status. A high number of exemptions were 2000 p.e. It should be noted that all the Lithuanian applied without transparent justification. The planned territory is considered as sensitive, i.e., more stringent measures are expected to result in significant treatment is applicable in all the agglomerations whose improvement of ecological potential of artificial and size is above10000 p.e. On the basis of the latest data heavily modified water bodies by 24% and improvement available (2011), Lithuania demonstrates very high of ecological status by 7% for natural water bodies. compliance rates with the Urban Waste Water Treatment

Directive (with rates of 100% for both collection (Article 3

Lithuania applies its Nitrates Action Programme (NAP) UWWTD) and secondary treatment (Article 4 UWWTD)) throughout its territory which provides a basic level of and 96.6% of the waste water load collected subject to protection for all waters. The current Action Programme more stringent treatment in accordance with Article 5 of expired on 1 May 2016. According to the last report on the UWWTD. 66 However, and despite the general good the implementation of the Nitrates Directive (referring to results, it should be noted that 10.2% of the abovethe period 2008-2011), there are low levels of nitrate in mentioned total p.e. is addressed via individual or other surface water and groundwater but high levels of systems whose appropriateness to protect

eutrophication in rivers. Protection of the Baltic Sea is also an issue (all saline waters were reported as eutrophic). 63 Commission's Synthesis Report on the Quality of Drinking Water in

the Union examining Member States' reports for the 2011-2013

As regards drinking water, Lithuania reaches very high period, foreseen under Article 13(5) of Directive 98/83/EC i;

compliance rates of 99-100% for microbiological, COM(2016)666 i 64 European Environment Agency, 2016. European bathing water quality

in 2015 , p. 26

65 European Environment Agency, State of bathing water – country

dams to create reservoirs. report Lithuania , 2016

61 Good chemical status is defined in the Water Framework Directive 66 European Commission, Eighth Report on the Implementation Status referring to compliance with all the quality standards established for and the Programmes for Implementation (as required by Article 17) chemical substances at European level. of Council Directive 91/271/EEC i concerning Urban Waste Water

62 Diffuse pollution comes from widespread activities with no one treatment Directive (COM /2016/105 final) and Commission Staff discrete source. Working Document accompanying the report (SWD/2016/45 final ).

Lithuania 18

the environment might be questionable. buildings, energy efficiency and urban biodiversity

EU structural and investment funds are an important conservation.

source of funding for water sector in Lithuania. In 2007- SDG11 aims at making cities and human settlements

2013 around 570 million EUR were invested into the inclusive, safe, resilient and sustainable.

waste water collection and treatment system. Europe is a Union of cities and towns; around 75% of the

In 2014-2020, around 125 million EUR are planned for EU population are living in urban areas. 67 The urban

water management measures that will help to further environment poses particular challenges for the develop waste water collection and treatment systems environment and human health, whilst also providing and improve environmental status of at least 20 surface opportunities and efficiency gains in the use of resources.

water bodies. The Member States, European institutions, cities and

stakeholders have prepared a new Urban Agenda for the EU (incorporating the Smart Cities initiative) to tackle these issues in a comprehensive way, including their connections with social and economic challenges. At the heart of this Urban Agenda will be the development of twelve partnerships on the identified urban challenges,

including air quality and housing 68 .

The European Commission will launch a new EU

benchmark system in 2017 69 .

The EU stimulates green cities through awards and funding, such as the EU Green Capital Award aimed at cities with more than 100,000 inhabitants and the EU Green Leaf initiative aimed at cities and towns, with between 20,000 and 100,000 inhabitants.

67 % of Lithuanian residents live in urban areas. 70 . The

capital city (Vilnius) has over 500 000 inhabitants, second tier cities (Kaunas, Klaipėda, Šiauliai) are smaller. Lithuanian urban areas are evenly distributed throughout

the territory of the country and are easily accessible 71 .

Lithuanian cities are rich in green space. Green Cities Index produced by Siemens and the Economist Intelligence Unit ranked Vilnius as one of 30 Europe’s

greenest cities 72 .

Kaunas, the 2nd largest city in Lithuania, with a population of 353,800 inhabitants) was amongst applicant countries for European Green Capital Award

Suggested action 2015.

• The RBMP measures should address all relevant Major Lithuanian cities are densifying the existing urban pressures and implementation gaps in particular areas (low percentage of built-up areas)

73 indicating the

measures addressing agricultural pollution by potential for these cities to grow. A current challenge to nutrients. Measures should be properly financed. major cities is negative externalities of agglomeration • Properly assess new modifications of water bodies (unregulated urban growth with major specific

according to article 4(7) of the WFD, as well as review 67

and improve its measures to reduce the European Environment Agency, Urban environment 68 http://urbanagendaforthe.eu/

hydromorphological pressure in its river basins. 69 The Commission is developing an Urban Benchmarking and

Monitoring ('UBaM') tool to be launched in 2017. Best practices

Enhancing the sustainability of cities emerge and these will be better disseminated via the app featuring the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR,

The EU Policy on the urban environment encourages Committee of the Regions, Covenant of Mayors and others. 70 Statistics Lithuania, Official Statistics Portal

cities to implement policies for sustainable urban 71 The National Environmental Protection Strategy, 2015 planning and design, including innovative approaches for 72 Green Cities Index, 2010

urban public transport and mobility, sustainable 73 ESPON Future Orientations for Cities (FOCI), Final Scientific Report , 2010

Lithuania 19

environmental problems, such as derelict urban areas environmental objectives and will serve as the basis for with technical infrastructure, the poor quality of air, the environmental pillar of Lithuania’s sustainable noise, traffic jams). Cities municipalities lack funds for the development. Key policy implementing directions for implementation of masterplans, management of public urban environment covers: spaces and blocks of multi-apartment buildings,

improvement of communication and engineering − Promotion of sustainable planning of cities and periinfrastructure, or for taking care of derelict urban areas urban territories;

that require a change in their use. − Promotion of the development and implementation of sustainable urban transport communication plans

Kaunas city municipality has invested in city public for the purpose of reducing an adverse impact on transport, and also participated in various EU programs human health and the environment (air pollution, (CIVITAS, BSR INTERREG, IEE). It installed an electronic noise, traffic jams and greenhouse gas emissions); payment method for the benefit of public transport − Development and use of research, innovation and passengers. Passengers using a single monthly E-ticket solutions on urban issues.

scheme (operating on radio-frequency identification) can Vilnius is moving towards sustainable urban pre-pay for journeys on buses as well as parking services regeneration 76 . This involves a number of projects, in the city. including the regeneration project ‘Park of Architecture"

(i.e. decontamination of a 78 ha brownfield site, construction of green spaces, etc.); and the regeneration of "Žirmūnai Tringle", which concerns a 52 hectare neighbourhood in a strategic location of Vilnius. It involves energy-efficient renovation, safeguarding green spaces, expanding bicycle and pedestrian infrastructures. "Žirmūnai Triangle" is being carried out as a pilot innovative regeneration project, which could be subsequently applied in other parts of Lithuania.

Conversion of former industrial and utility areas to residential/commercial areas is currently being intensified (Naujamiestis, Markučiai, Saltoniškės), also conversion of abandoned industrial areas to the service facilities or residential areas (between Kalvarijų and Verkių streets, Savanorių Avenue, Naujamiestis). New squares have been equipped in Old town, Bernardinai

garden has been renovated 77 .

Klaipėda has successful implementation of industrial

development through potential of Klaipėdos FEZ and A number of initiatives are covered under the Union of

Klaipėdos State Seaport (Industrial park development) 74 . the Baltic Cities Sustainable Cities Commission, which is

In 2013 Klaipėda was declared a Cycling Friendly City by a voluntary network of its member cities of the Baltic Sea the Lithuanian Ministry of Transport and Region addressing a number of issues, including Communications. environmentally sustainable development. This includes

such initiatives as integrated management systems and

Šiauliai participates in the project "Urban renewal spatial management, urban water management, improving their energy characteristics of Lithuania". maritime activities and sustainable urban mobility.

The most successful municipalities apply integrated

methods of spatial planning for the management of Furthermore, already in 2009 Lithuania has signed an urban environment (Vilnius, Kaunas, Klaipėda have agreement with the European Investment Bank to started to prepare sustainable urban mobility plans). strengthen co-operation in financing sustainable urban Some municipalities have no territorial master plans for development.

municipal centres. This situation leads to an erratic socioeconomic

development, complicates investment and International agreements

intensifies the uneven development of areas. The EU Treaties require that the Union policy on the

The National Environmental Protection Strategy 75 has environment promotes measures at the international

been drown up in order to establish horizontal long-term

76 The path towards sustainable urban regeneration in Vilnius , URBACT 74 Klaipėda Master Plan monitoring report, 2007-2014 II Capitalisation, April 2015

75 The National Environmental Protection Strategy , 2015 77 Reconstruction of the Park of Sereikiškės, Technical project .

Lithuania 20

level to deal with regional or worldwide environmental problems.

Most environmental problems have a transboundary nature and often a global scope and they can only be addressed effectively through international co-operation.

International environmental agreements concluded by the Union are binding upon the institutions of the Union and on its Member States. This requires the EU and the

Member States to sign, ratify and effectively implement all relevant multilateral environmental agreements

(MEAs) in a timely manner. This will also be an important contribution towards the achievement of the SDGs, which Member States committed to in 2015 and include many commitments contained already in legally binding agreements.

The fact that some Member States did not sign and/or ratify a number of MEAs compromises environmental implementation, including within the Union, as well as the Union’s credibility in related negotiations and international meetings where supporting the participation of third countries to such agreements is an established EU policy objective. In agreements where voting takes place it has a direct impact on the number of votes to be cast by the EU.

Lithuania has signed and ratified almost all MEAs. It has

signed but not yet ratified the Nagoya Protocol 78 .

78 Protocol on Access to Genetic Resources and the Fair and Equitable

Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity.

Lithuania 21

Part II: Enabling Framework: Implementation Tools

• 4. 

  Market based instruments and investment

Green taxation and environmentally harmful fleet and the emissions of newly registered cars in

subsidies Lithuania are well above the EU average

81 .

Figure 11: Environmental tax revenues as a share of The Circular Economy Action Plan encourages the use of total revenues from taxes and social contributions

financial incentives and economic instruments, such as (excluding imputed social contributions) in 2014 82

taxation to ensure that product prices better reflect environmental costs. The phasing out of environmentally harmful subsidies is monitored in the context of the

European Semester and in national reform programmes submitted by Member States.

Taxing pollution and resource use can generate increased revenue and bring important social and environmental benefits.

While Lithuania has broadened its tax base, however, it remains one of MS having relatively high tax burden on labour. There is a scope to shift the tax burden to less distortive taxes such as, inter alia, environmental taxes.

In 2014, the ratio of tax revenues to GDP in Lithuania is the lowest in the EU, while at the same time environmental taxes, as a potential source of revenues, remain unexploited. After a large drop in the share of environmental taxes from 2.8% of GDP in 2004 to 1.7% in

2011, it remained stagnant in 2014. In the same year environmental tax revenues accounted for 6.13% of total revenues from taxes and social-security contributions (EU

28 average: 6.35%) 79 as shown in Figure 11.

The largest proportion of the revenue derived from environmentally-related taxation is obtained through energy taxes. Pollution/resource and transport taxes

(excluding transport fuels) have produced smaller

revenue streams with each group of taxes constituting The previously abandoned debate on the introduction of around 3% of environmental taxes. Taxes on transport in car taxation in Lithuania restarted in 2015. In March 2015 Lithuania are the lowest in the EU, and besides a low the Minister of Transport expressed his support to the level, they do not take into account the environmental introduction of such tax. In July, the Ministry of performance of vehicles 80 . Environment has carried out a feasibility study to

The progress shifting tax burden from labour to other investigate the possibilities of introducing car taxation on less distortive taxes has been limited in Lithuania. Certain private passenger cars

83,84 . It recommends introduction

issues, such as the absence of vehicle taxation, still 81

persist. The average age of passenger cars in Lithuania is around 15 years while it is between 7 and 8 years in the EU (Source: DG ECFIN

In particular, Lithuania is among the few Member States Country Focus, Vol. 12, 2014. New passenger car missions are 135.82

without any form of private passenger car taxation or g CO2/km against the EU average of 123.40 g CO2/km (Source: EEA, 2014, provisional values).

road-use tax for private passenger vehicles. In addition, 82 Eurostat, Environmental tax revenues , accessed October 2016

Lithuania has a large share of old cars in the existing car 83 Commission Staff Working Document, Country Report Lithuania 2016

84 “ Development of the criteria for determining the rates of vehicle circulation tax and formulation of recommendations for the taxation

79 Eurostat, Environmental tax revenues , accessed June 2016 of vehicles in Lithuania”, July 2015, Summary report .

80 Taxation trends in the EU (Eurostat, 2014); Tax Reforms in EU

Member States 2014 (TAXUD)

Lithuania 22

of environmental car circulation tax with the calculation In 2014, a study on the “Naming of environmentally of the tariffs based on CO2 emissions and type of fuel, harmful subsidies, and determination of their common and estimates that such tax could bring up to 76.6 million values in the tax system setting. Methodology for EUR a year. evaluation of environmentally harmful subsidies” was

Besides the additional revenues, the introduction of car carried out in Lithuania. The study has identified taxation would also help addressing energy and carbon 37 environmentally harmful subsidies in Lithuania, efficiency issues (the Baltics being amongst the most composing of 79% of the National budget subsidies and energy–intensive in the EU), support a modal shift from 22% of EU support subsidies. The study proposed to private to public transport, as well as reduce the very review the tax subsidy incentives, which are related to high number of people killed in road accidents 85 . natural resources, mobile pollution sources and energy Circulation tax differentiated by CO2 emissions and other products gradually abandoning them.

pollutants such as particulates, as well as a dynamic Green Public Procurement

bonus malus system for car registration implemented in a

socially acceptable manner could positively influence The EU green public procurement policies encourage future decisions on purchasing new vehicles, while at the Member States to take further steps to reach the target same time could bring considerable additional revenues. of applying green procurement criteria to at least 50% of

public tenders. Excise duties on motor fuel, petrol and diesel in Lithuania

are among the lowest in EU. The overall implicit tax rate Green Public Procurement (GPP) is a process whereby

on energy is the 3rd lowest in the EU-28. 86 public authorities seek to procure goods, services and

No major progress has been made regarding works with a reduced environmental impact throughout environmental taxation over the last years. A landfill tax their life-cycle when compared to goods, services and (with a progressive increase from 3 EUR/t to 27.51 EUR/t works with the same primary function that would for non-hazardous waste, and from 47.79 EUR/t to 70.96 otherwise be procured.

EUR/t for hazardous waste until 2020) and excise duties The purchasing power of public procurement in the EU

on natural gas (used as a heating fuel) have been equals to approximately 14% of GDP 89 . A substantial part

introduced from January 2016. The landfill tax could of this money is spent on sectors with high encourage resource efficiency in waste management and environmental impact such as construction or transport, divert waste from landfill so GPP can help to significantly lower the impact of

Indeed, a 2016 study shows there is considerable public spending and foster sustainable innovative potential for shifting taxes from labour to environment 87 . businesses. The Commission has proposed EU GPP Under a good practice scenario 88 , these taxes could criteria

90 .

generate an additional EUR 0.36 billion by 2018, rising to A National Action Plan (NAP) or National Strategy on GPP

EUR 0.76 billion by 2030 (both in real 2015 terms). This is is in force, and the implementation measures of GPP for equivalent to an increase by 0.85% and 1.22% of GDP in the period 2016−2020 was approved in October 2015. 2018 and 2030, respectively. GPP criteria are developed at the national level for

environmental criteria for 26 products attributed to

4 groups 91 , see webpage for the Ministry of

85 Passenger car taxation in Baltics (ECFIN country focus):"the renewal Environment

92

. A previous aim was to achieve 35% green

of the car fleet and the reduction in engine power and car mass could public procurement contracts of all public contracts for

help reduce other externalities such as the very high number of goods, services and works, for the purchase of which people killed in road accidents in the Baltic States". In 2013, Lithuania core (mandatory) and comprehensive (advisable)

had the 4th of the highest number of road deaths in the EU – 85

fatalities per million inhabitants, way above the EU average of 52 environmental criteria are established in 2015.

93

(ref. Road Safety in the European Union (2015)).

86 EUROSTAT ( Code: tsdcc360 )

87 Eunomia Research and Consulting, IEEP, Aarhus University, ENT, 89 European Commission, 2015. Public procurement

2016. Study on Assessing the Environmental Fiscal Reform Potential 90 In the Communication “Public procurement for a better environment”

for the EU28. N.B. National governments are responsible for setting (COM /2008/400) the Commission recommended the creation of a tax rates within the EU Single Market rules and this report is not process for setting common GPP criteria. The basic concept of GPP suggesting concrete changes as to the level of environmental relies on having clear, verifiable, justifiable and ambitious taxation. It merely presents the findings of the 2016 study by environmental criteria for products and services, based on a life-cycle Eunomia et al on the potential benefits various environmental taxes approach and scientific evidence base.

could bring. It is then for the national authorities to assess this study 91 European Commission, 2015. Documentation on National GPP Action

and their concrete impacts in the national context. A first step in this Plans

respect, already done by a number of Member States, is to set up 92 Ministry of Environment, Environmental criteria por public

expert groups to assess these and make specific proposals. procurement

88 The good practice scenario means benchmarking to a successful 93 European Commission, 2015. Documentation on National GPP Action taxation practice in another Member State. Plans

Lithuania 23

According to a 2010 study, 10% and 20% of Lithuanian categories of expenditure). These investments target authorities included GPP requirements in between 50% water, waste, air, biodiversity and nature, sustainable

and 100% of their contracts 94 . urban transport. Among other things the EU investment

According to a 2011 survey, Lithuanian authorities will help to reduce landfilling of municipal waste to 35% included at least one of the EU core green criteria in 56% in 2023 (60% in 2014), develop additional municipal of the contracts, and 33% of the contracts included all waste separate collection and recycling capacity (150.000

the relevant EU core green criteria. 95 . and 100.000 tons a year respectively), ensure improved water supply and wastewater management services for

No data is available in regard to the achievement of this 60.000 persons, support 1,150 hectares of surface area of goal. habitats to attain better conservation status.

Investments: the contribution of EU funds In addition, 970 million EUR (or 13,5% of ERDF and CF)

are earmarked for the shift to low carbon technologies in

European Structural and Investment Funds Regulations all sectors, including support to energy efficiency, provide that Member States promote environment and increase of the use of renewable energy sources, climate objectives in their funding strategies and sustainable transport and urban mobility measures.

programmes for economic, social and territorial

cohesion, rural development and maritime policy, and It is too early to draw conclusions as regards the use and reinforce the capacity of implementing bodies to deliver results of ESIF funds for the period 2014-2020, as the cost-effective and sustainable investments in these areas. relevant programmes are still in an early stage of their

Making good use of the European Structural and implementation. Current data suggest that the EU funds

Investment Funds (ESIF) 96 is essential to achieve the for the 2007-2013 period were almost fully spent. environmental goals and integrate these into other policy However, Lithuania would benefit from more targeted areas. Other instruments such as the Horizon 2020, the investments.

LIFE programme and EFSI may also support Figure 12: European Structural and Investment Funds implementation and spread off best practice. 2014-2020: Budget Lithuania by theme, EUR billion 98

Lithuania, through 3 national and regional programmes, benefits from ESIF funding of EUR 8.4 billion over the

period 2014-2020 (see Figure 12) 97 .

The biggest share – EUR 3.5 billion (41.8%) of funding is coming from the European Fund for Regional

Development (ERDF).

EUR 1.6 billion (19.2%) – from the European Agricultural

Fund for Rural Development (EAFRD).

EUR 1.1 billion (13.4%) - from the European Social Fund

(ESF).

EUR 63.4 million (0.8%) from the European Maritime and

Fisheries Fund (EMFF) and

EUR 2.1 billion (24.4%) - from the Cohesion Fund (CF).

The environmental expenditure estimates to around 1 billion EUR or 18% of the total ERDF and CF (based on

95 CEPS, 2012. Monitoring the Uptake of GPP in the EU

96 ESIF comprises five funds – the European Regional Development

Funds (ERDF), the Cohesion Fund (CF), the European Social Fund (ESF), the European Agricultural Fund for Rural Development (EAFRD), and the European Maritime and Fisheries Fund (EMFF). The ERDF, the CF and the ESF together form the Cohesion Policy funds.

97 European Commission : European Structural and Investment Funds 98 European Commission, European Structural and Investment Funds

Country Data for Lithuania Data By Country

Lithuania 24

In total, EUR 960 million a dedicated to the Thematic objective (TO) 6 Environment Protection and Resource efficiency, EUR 539.3 million through the CF,

EUR 214.1 million through the EAFRD programme,

EUR 189.6 million through the ERDF programmes,

EUR 17.6 million through the EMFF. In addition,

EUR 1.1 billion is foreseen for TO4 Low Carbon Economy

(ERDF, CF, EMFF and EAFRD) and EUR 322.9 million for

TO5 Climate Change Adoption and Risk Prevention

(EAFRD, CF and ERDF).

With regard to the integration of environmental concerns into the Common Agricultural Policy (CAP), the two key areas for Lithuania (as for all Member States) are, first, using Rural Development funds to pay for environmental land management and other environmental measures, while avoiding financing measures which could damage the environment; and secondly, ensuring an effective implementation of the first pillar of the CAP with regard to cross compliance and 1st pillar 'greening'.

The approved National Rural Development Program

(EARDF) amounts overall to EUR 1.613 billion.

The planned spending on the ecosystem priority is

EUR 0.431 billion, which represents 26.7% of the total budget, but only EUR 0.179 billion, 11.1% of the total budget is dedicated to agri-environment-climate measures. It is recognised that environment and climate measures proposed in the RDP, with adequate uptake and now improved funding, have the potential to contribute to addressing the environmental problems identified. The RDP contribution to the delivery of the required regulatory outcomes of "good status of water" and the "good conservation status of species and habitats" needs to be aligned further and monitored as the program evolves especially in the context of potential increased agricultural intensity. Lithuania should strengthen the development of biodiversity aspects in the Rural Development Programme.

The Direct Payment envelope of Lithuania for the period

2015-2020 is EUR 2.336 billion, (according to Commission delegated regulation (EU) No 994/2014 i of 13 May 2014),

30% of which (EUR 0.701 billion) being allocated to greening practices beneficial for the environment.

An environmentally ambitious implementation of 1st pillar greening would clearly help to improve the environmental situation in areas not covered by rural development, including intensive area, and if appropriate

Lithuania could review its implementation of this.

Lithuania 25

5.

• 6. 

  Effective governance and knowledge

SDG 16 aims at providing access to justice and building

effective, accountable and inclusive institutions at all Capacity to implement rules

levels. SDG 17 aims at better implementation, improving It is crucial that federal, regional and local policy coordination and policy coherence, stimulating administrations have the necessary capacities and skills science, technology and innovation, establishing and training to carry out their own tasks and co-operate partnerships and developing measurements of progress. and co-ordinate effectively with each other, within a

Effective governance of EU environmental legislation and system of multi-level governance.

policies requires having an appropriate institutional

framework, policy coherence and coordination, applying In the 2014-2020 programming period is foreseen to legal and non-legal instruments, engaging with nonallocate EUR 150 million (or 13.3% from the ESF) at governmental stakeholders, and having adequate levels increasing the efficiency of public administration of knowledge and skills 99 . Successful implementation institutions, developing and executing national public depends, to a large extent, on central, regional and local administration reforms and implementing one of government fulfilling key legislative and administrative the Council recommendations related to the reform of tasks, notably adoption of sound implementing state-owned enterprises. Specific action include legislation, co-ordinated action to meet environmental strengthening result-orientation of governance, objectives and correct decision-making on matters such increasing transparency and openness of the public as industrial permits. Beyond fulfilment of these tasks, administration processes, improving the quality of government must intervene to ensure day-to-day services and make them more customer-oriented, compliance by economic operators, utilities and improving business regulation environment, and individuals ("compliance assurance"). Civil society also improving management of human resources in the public has a role to play, including through legal action. To service.

100

underpin the roles of all actors, it is crucial to collect and

share knowledge and evidence on the state of the The government of Lithuania has recognised the strategic environment and on environmental pressures, drivers importance of civic engagement in law-making, policy

and impacts. making, and service delivery; and has established a conducive legal framework and multiple mechanisms to

Equally, effective governance of EU environmental support it. Nevertheless, citizens’ engagement rates

legislation and policies benefits from a dialogue within remain fairly low. 101

Member States and between Member States and the

Commission on whether the current EU environmental legislation is fit for purpose. Legislation can only be properly implemented when it takes into account experiences at Member State level with putting EU commitments into effect. The Make it Work initiative, a

Member State driven project, established in 2014, organizes a discussion on how the clarity, coherence and structure of EU environmental legislation can be improved without lowering existing protection standards.

Effective governance within central, regional and local government

Those involved in implementing environment legislation at Union, national, regional and local levels need to be

equipped with the knowledge, tools and capacity to The basic principles of environmental protection are

improve the delivery of benefits from that legislation, established in the Constitution of the Republic of Lithuania, stipulating that the state and the individual

and the governance of the enforcement process. must protect the environment from harmful influences

and the state shall take care of the protection of

99 The Commission has work ongoing to improve the country-specific 100 Lithuanian Operational Programme for the European Union Funds’

knowledge about quality and functioning of the administrative Investments in 2014-2020

systems of Member States. 101 OECD, 2015. Lithuania: Fostering Open and Inclusive Policy Making

Lithuania 26

the natural environment, wildlife and plants, individual themselves and in response to citizen complaints. It can objects of nature and areas of particular value and shall involve using various kinds of checks, including supervise a sustainable use of natural resources, their inspections for permitted activities, surveillance for restoration and increase. The law states that, in possible illegal activities, investigations for crimes and the Republic of Lithuania, environmental governance is audits for systemic weaknesses. Similarly, there is a range the concern and duty of the Parliament, the Government, of means to promote compliance, including awarenessthe Ministry of Environment, and the municipalities at raising campaigns and use of guidance documents and the respective levels. online information tools. Follow-up to breaches and

liabilities can include administrative action (e.g.

Lithuania transposes new directives into the national withdrawal of a permit), use of criminal law 103 and action

legislation respecting the established timelines and under liability law (e.g. required remediation after communicates national transposing measures relatively damage from an accident using liability rules) and fast. There is a rather low number of complaints. contractual law (e.g. measures to require compliance

with nature conservation contracts). Taken together, all

Coordination and integration of these interventions represent "compliance assurance" as shown in Figure 13.

Lithuania adopted its National Sustainable development

strategy in 2009 and National Environment Protection Best practice has moved towards a risk-based approach

Strategy in 2015 and National Environment Protection at strategic and operational levels in which the best mix

Strategy in 2015. of compliance monitoring, promotion and enforcement is directed at the most serious problems. Best practice also

Environmental issues fall within the area of governance recognises the need for coordination and cooperation of the Ministry of Environment (Aplinkos ministerija). between different authorities to ensure consistency, There are a number of subordinate institutions: five avoid duplication of work and reduce administrative agencies, eight regional departments, the State burden. Active participation in established pan-European Territorial Planning and Construction Inspectorate, three networks of inspectors, police, prosecutors and judges, enterprises (e.g. Construction production Certification such as IMPEL

104 , EUFJE 105 , ENPE 106 and EnviCrimeNet 107 ,

Centre) and a number of directorates and services. is a valuable tool for sharing experience and good practices.

The Commission encourages the streamlining of the Figure 13: Environmental compliance assurance

environmental assessments to avoid overlaps in environmental assessments and accelerate decisionmaking, without compromising the quality of the environmental assessment procedure. The Commission

has issued a guidance document in 2016 102 regarding the

setting up of coordinated and/or joint procedures that are simultaneously subject to assessments under the EIA

Directive, Habitats Directive, Water Framework Directive, and the Industrial Emissions Directive.

Compliance assurance

EU law generally and specific provisions on inspections, other checks, penalties and environmental liability help lay the basis for the systems Member States need to have in place to secure compliance with EU

environmental rules. Currently, there exist a number of sectoral obligations on inspections and the EU directive on environmental

Public authorities help ensure accountability of dutyliability (ELD) 108 provides a means of ensuring that the holders by monitoring and promoting compliance and by "polluter-pays principle" is applied when there are taking credible follow-up action (i.e. enforcement) when accidents and incidents that harm the environment.

breaches occur or liabilities arise. Compliance monitoring can be done both on the initiative of authorities

103 European Union, Environmental Crime Directive 2008/99/EC 104 European Union Network for the Implementation and Enforcement

102 European Commission, 2016. Commission notice — Commission of Environmental Law guidance document on streamlining environmental assessments 105 European Union Forum of judges for the environment conducted under Article 2(3) of the Environmental Impact 106 The European Network of Prosecutors for the Environment Assessment Directive (D irective 2011/92/EU of the European 107 EnviCrimeNet

Parliament and of the Council, as amended by Directive 2014/52 i/EU). 108 European Union, Environmental Liability Directive 2004/35/CE

Lithuania 27

There is also publically available information giving significant risks are addressed, as outlined above. insights into existing strengths and weaknesses in each • Step up efforts in the implementation of the Member State. Environmental Liability Directive (ELD) with proactive

For each Member State, the following were therefore initiatives, in particular by setting up a national register reviewed: use of risk-based compliance assurance; of ELD incidents and drafting national guidance; take coordination and co-operation between authorities and further steps to ensure an effective system of financial participation in pan-European networks; and key aspects security for environmental liabilities (so that operators of implementation of the ELD based on the Commission's not only have insurance cover available to them but recently published implementation report and REFIT actually take it up).

evaluation 109 .

From the available sources, no significant up-to-date

information has been found on the organisation and Public participation and access to justice

functioning of the environmental compliance system in

Lithuania. Information is lacking in particular in relation The Aarhus Convention, related EU legislation on public

to the following: participation and environmental impact assessment, and the case-law of the Court of Justice require that citizens

− data-collection arrangements to track the use and and their associations should be able to participate in effectiveness of different compliance assurance decision-making on projects and plans and should enjoy interventions; effective environmental access to justice. − the extent to which risk-based methods are used to

direct compliance assurance at the strategic level Citizens can more effectively protect the environment if and in relation to industrial installations as well other they can rely on the three "pillars" of the Convention on critical activities, including specific problem-areas Access to Information, Public Participation in Decisionhighlighted elsewhere in this Country Report, i.e. making and Access to Justice in Environmental Matters the threats to protected habitat types and species, ("the Aarhus Convention"). Public participation in the poor air quality and the pressures on water quality administrative decision making process is an important

from diffuse sources of pollution and reliance on element to ensure that the authority takes its decision on the best possible basis. The Commission intends to

individual domestic waste-water treatment systems.

− how the Lithuanian authorities ensure a targeted examine compliance with mandatory public participation requirements more systematically at a later stage.

and proportionate response to different types of

non-compliant behavior, in particular in relation to Access to justice in environmental matters is a set of

serious breaches detected. guarantees that allows citizens and their associations to

challenge acts or omissions of the public administration

Currently Lithuania does not actively participate in before a court. It is a tool for decentralised the activities of the European networks of environmental implementation of EU environmental law.

professionals. For each Member State, two crucial elements for

For the period 2007 to 2013, Lithuania reported four effective access to justice have been systematically cases of environmental damage handled according to reviewed: the legal standing for the public, including the Environmental Liability Directive. Lithuania NGOs and the extent to which prohibitive costs represent participated in the Commission training but there is a barrier.

scope for additional measures to improve

implementation. The country does not have mandatory Lithuania grants the public, notably individuals and financial security (to pay for remediation when an NGOs, a broad access to justice in environmental cases. operator cannot) and it is not evident that insurance is The costs for bringing a case to a court are also not either sufficiently available or taken out. prohibitively high. This guarantees that members of

the public are provided with good conditions for asking

Suggested action for a judicial review in environmental matters in

Lithuania. One problem, however, seems to be the lack

• Improve transparency on the organisation and of resource of environmental NGOs, which prevents

functioning of compliance assurance and on how them to follow up environmental cases to the extent necessary 110 .

109 COM(2016)204 final and COM(2016)121 final of 14.4.2016. This highlighted the need for better evidence on how the directive is used in practice; for tools to support its implementation, such as guidance, training and ELD registers; and for financial security to be 110 European Commission, 2012/2013 access to justice in environmental available in case events or incidents generate remediation costs. matters

Lithuania 28

Access to information, knowledge and without procedural obstacles are available and

evidence implemented. Most of the spatial information is shared between public authorities and with the public free of

The Aarhus Convention and related EU legislation on charge. Experienced barriers to the sharing of data where access to information and the sharing of spatial data mostly of the technical kind and have been remediated require that the public has access to clear information on by Lithuania.

the environment, including on how Union environmental

law is being implemented. Assessments of monitoring reports 117 issued by Lithuania

It is of crucial importance to public authorities, the public and the spatial information that Lithuania has published and business that environmental information is shared in on the INSPIRE geoportal

118 indicate that not all spatial

an efficient and effective way. This covers reporting by information needed for the evaluation and businesses and public authorities and active implementation of EU environmental law has been made dissemination to the public, increasingly through available or is accessible. The larger part of this missing

electronic means. spatial information consists of the environmental data required to be made available under the existing

The Aarhus Convention 111 , the Access to Environmental reporting and monitoring regulations of EU Information Directive 112 and the INSPIRE Directive 113 environmental law.

together create a legal foundation for the sharing of

environmental information between public authorities Suggested action

and with the public. They also represent the green part of

the ongoing EU e-Government Action Plan 114 . The first • Critically review the effectiveness of its data policies

two instruments create obligations to provide and amend them, taking 'best practices' into information to the public, both on request and actively. consideration. The INSPIRE Directive is a pioneering instrument for • Identify and document all spatial data sets required for electronic data-sharing between public authorities who the implementation of environmental law, and make can vary in their data-sharing policies, e.g. on whether the data and documentation at least accessible 'as is' access to data is for free. The INSPIRE Directive sets up a to other public authorities and the public through the geoportal which indicates the level of shared spatial data digital services foreseen in the INSPIRE Directive.

in each Member State – i.e. data related to specific locations, such as air quality monitoring data. Amongst other benefits it facilitates the public authorities' reporting obligations.

For each Member State, the accessibility of environmental data (based on what the INSPIRE Directive envisages) as well as data-sharing policies ('open data')

have been systematically reviewed 115 .

Lithuania's performance on the implementation of the INSPIRE Directive as enabling framework to actively disseminate environmental information to the public leaves room for improvement. Lithuania has indicated in

the 3-yearly INSPIRE implementation report 116 that

the necessary data-sharing policies allowing access and use of spatial data by national administrations, other

Member States' administrations and EU institutions

111 UNECE, 1998. Convention on Access to Information, Public

Participation in Decision-Making and Access to Justice in Environmental Matters

112 European Union, Directive 2003/4/EC on public access to

environmental information 113 European Union, INSPIRE Directive 2007/2/EC 114 European Union, EU eGovernment Action Plan 2016-2020 -

Accelerating the digital transformation of government COM/2016/ 179 final

115 Upon request by the Commission, most Member States provided an

INSPIRE Action Plan addressing implementation issues. These plans are currently being assessed by the Commission. 117 Inspire indicator trends

116 European Commission, INSPIRE reports 118 Inspire Resources Summary Report