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The Statute of the RPC
APPROVED
By the order of
The Minister of Health Care
Of the Republic of Lithuania,
No. V-612, July 22, 2005


THE STATUTE OF THE RADIATION PROTECTION CENTRE

I. GENERAL

1. Radiation Protection Centre (hereinafter - the Centre) is a public administration institution acting in accordance with the Law of Budgetary Institutions of the Republic of Lithuania and is financed from the state budget.

2. Legal basis for the activities of the Centre are the Constitution of the Republic of Lithuania, the law of Budgetary institutions, the law of Civil Service, the law of Health Care System, the law of Health Care Institutions, the law of Radiation Protection, the law of Radioactive Waste Management, the law of Nuclear Energy, other legislation, legal acts, Regulations of the Centre, Internal working rules and this Statute.

3. The Founder of the Centre is the Ministry of Health Care. The centre is directly subject and accountable to the Minister of Health Care.

4. The Centre is public legal person, has an account in a bank and a stamp bearing the Lithuanian national coat of arms, the name of the institution – “RADIACINĖS SAUGOS CENTRAS” (RADIATION PROTECTION CENTRE) and the sign. The abbreviation of the Radiation Protection Centre (in Lithuanian and foreign languages) is RSC.

5. The address of the Centre is Kalvarijų str. 153, Vilnius, Lithuania.
6. Financial year of the Centre concides with a calendar year.
7. Activity of the Centre is termless.

II. RIGHTS AND OBLIGATIONS OF THE FOUNDER OF THE CENTRE

8. The Founder of the Centre has rights and obligations as follows:
8.1. to approve, to change and to supplement the Statute of the Centre;
8.2. to receive documents, verbal and written explanations, conclusions and other information from the Centre concerning the activities of the Centre;
8.3. to commission and assign tasks to the Centre and to control their implementation as provided in legal acts;
8.4. to confirm cost estimates of the Centre;

8.5. to assign financial means from the state budget to maintain the Centre, to finance works scheduled in estimates, strategic plans approved by the Founder and programmes;

8.6. to prepare normatives of works, services, staff, material resources, inventory financial resources and to approve and apply them when coordinated with the Ministry of Finance;

8.7. to set pricelists for paid services;

8.8. to appoint and dismiss the director of the Centre, to award him/her incentives or to impose official penalties as provided in legal acts;

8.9. to set and approve the remuneration of the director of the Centre as provided in legal acts;
8.10. To reorganize and liquidate the Centre;
8.11. to have other rights and obligations if they do not contradict the legislation of the Republic of Lithuania.

III. TASKS AND FUNCTIONS OF THE CENTRE

9. The Centre is an authorised institution that is charged with management functions in the field of radiation protection (hereinafter – RP) as provided in legal acts. Tasks of the Centre are:

9.1. To control how natural and legal persons comply with the law of Radiation Protection of the Republic of Lithuania as well as other legal acts regulating RP, and to apply administrative responsibility for violation of these legal acts;

9.2. To coordinate actions of state, municipal and other institutions in the field of RP;

9.3. To protect the public and personnel working with ionizing radiation sources (hereinafter – the Sources) as well as environment from the hazardous influence of ionizing radiation;

9.4. To perform an assessment and inspection of the exposure of the public and personnel at national level;

9.5. To implement RP policies of the Government of the Republic of Lithuania and the Ministry of Health Care;

10. The Centre has these functions:

10.1. participates in the development of national RP strategy and controls its implementation;

10.2. prepares draft legislation – law, decrees of the Government and other legal acts in the field of RP;

10.3. prepares draft regulations and legal acts for employees working in nuclear energy sites and residents living within observation zones of these sites, and controls how they are kept after the approval;

10.4. forms the state regulation principles and criteria for the records of RP and the Sources and for their radiation protection and safety guarantees, prepares and approves the order and recommendations for the implementation of the above mentioned principles and criteria;

10.5. stores, systematizes and analyses legal and normative documents and information that is necessary for the work of the Centre;

10.6. administers the state registry of the Sources and exposure of workers;

10.7. issues and revises the licences for work with the Sources, suspends the licences, cancels the suspension or cancels their validity and keeps their count as provided by the Government of the Republic of Lithuania;

10.8. takes part issuing licences for activities in nuclear energy sites and carries out supervision and control of RP in these sites as provided in legal acts;

10.9. issues permits for foreign subjects – EU (European Union) and EEA (European Economic Area) members – to render one-off services with the Sources in the Republic of Lithuania, and keeps their count;

10.10. issues one-off permits to import, export, transport in transit or within the country radioactive substances or radioactive waste as provided by the Minister of Health Care;

10.11. supervises and controls how legal persons having licence for activities with the Sources as well as other legal and natural persons keep to the requirements of RP and safety guarantees of the Sources, initiates or applies sanctions provided in the Administrative Violations‘ Code and in other legal acts for not complying with these requirements, as provided in the State regulations on RP supervision and control, approved by order of the Minister of Health Care;

10.12. assigned by the Ministry of Health Care or comissioned by other state and municipal institutions or by other institutions, companies or organizations, prepares and implements assessment programmes on the influence of ionizing radiation on the health of the public, as provided in legal acts;

10.13. arranges surveys of RP conditions and presents proposals to all-level state and municipal institutions on how to improve the situation;

10.14. analyses and assesses RP condition of subjects pursuing the activities with the Sources, organizes and, within its competence, makes investigations of radiation accidents, forecasts their consequences and proposes ways how to avoid them and liquidate them, controls readiness of institutions‘ and enterprises‘ staff for radiation accidents and liquidation of their consequences;

10.15. within its competence, organizes and implements environmental radiation monitoring in routine conditions and in cases of radiation accidents;

10.16. organizes and implements individual exposure monitoring for the public, workers or separate groups of them – in routine conditions and in cases of radiation accidents;

10.17. carries out expertise of draft legal acts and other documents as well as construction, reconstruction and renovation projects in terms of RP;

10.18. determines adequacy of the Sources, equipment, facilities and materials that may cause an additional exposure on humans, to the requirements of RP;

10.19. advises the Ministry of Health Care and other state and municipal institutions concerning RP as determinated;

10.20. prepares and, within its competence, approves RP training programmes and order;

10.21. organizes and carries out refresher courses, seminars, instructions and trainings on RP for institutions, enterprises concerned;

10.22. tests RP knowledge of personnel working with the Sources and persons responsible for RP;

10.23. under cooperation agreements, organizes educational and industrial practice for students of higher schools and further education institutions as well as representatives of International Atomic Energy Agency (IAEA) and other international organizations or the European Commission;

10.24. spreads public information about activities of the Centre, the results achieved and RP issues for the public and mass media;

10.25. maintains contacts with international organizations, the EU and corresponding controlling institutions while representing the Republic of Lithuania within its competence or commissioned by the Government of the Republic of Lithuania or the Ministry of Health Care. Within its competence, takes part in the work of international organizations and in drafting international cooperation agreements;

10.26. together with municipalities, organizes and coordinates temporary pickup of radioactive materials during the state of emergency and war;

10.27. controls and coordinates actions of state and municipal institutions after receiving a report about a radiation accident, i.e. after illegal sources of ionizing radiation are found out, detected and detained, including those abandoned, as well as objects contaminated with radionuclides;

10.28. offers services to legal and natural persons as provided in legal acts;

10.29. within its competence, deals with proposals, complaints and applications from the public and business subjects, as provided in legal acts;

10.30. fulfils other functions as provided in leigslation.

IV. RIGHTS AND DUTIES OF THE CENTRE

11. The Centre, carrying out activities as provided in the Statute, has these rights:

11.1. to use and manage property held in trust and to have the disposition of it as provided in the law of the Republic of Lithuania, Government decrees and other legal acts and in the Statute;

11.2. to use financial resources of the Centre to implement the goals and tasks as provided in the Statute;

11.3. to plan the activities of the Centre;
11.4. to arrange and coordinate draft legislation regulating RP;

11.5. to form state regulation principles and criteria of RP and ionizing radiation sources registration and their RP and safety guarantees, to arrange and approve implementation order of these principles and criteria and recommendations;

11.6. to issue and revise licences for work with the Sources, to suspend these licences,
to cancels the suspension, to cancel their validity;

11.7. to issue permits for foreign subjects – EU (European Union) and EEA (European Economic Area) members – to render one-off services with the Sources in the Republic of Lithuania;

11.8. to issue one-off permits to import, export, transport in transit or within the country radioactive substances or radioactive waste;

11.9. to participate issuing licences for work in nuclear energy sites and to perform RP supervision and control in these sites as provided in legal acts;

11.10. as provided in the Regulations on the state RP supervision and control, approved by order of the Minister of Health Care, to supervise and control how legal persons having licences to work with the Sources as well as other legal and natural persons keep to the requirements for RP and safety guarantees of the Sources, and to initiate or apply sanctions provided in the Administrative Violations‘ Code and other legal acts for not complying with these requirements;

11.11. to make decisions as provided in the law of Radiation Protection, other law of the Republic of Lithuania, the Statute, Regulation on the State RP supervision and control, other legal acts, and to insist these decisions to be implemented precisely and in time;

11.12. by order of the Ministry of Health Care or by request of other state and municipal institutions, other institutions, companies and organizations, to prepare and implement ionizing radiation impact on public health assessment programmes, as provided in legal acts;

11.13. to administer the state registry of ionizing radiation sources and exposure of workers, to collect data and other information necessary for the registry as provided in legal acts;

11.14. to arrange surveys of RP conditions and present proposals to all-level state and municipal institutions how to improve the situation;

11.15. to organize and, within its competence, to investigate radiation accidents, to forecast their consequences and to propose how to avoid them and how to liquidate them, to control readiness of institutions‘ and enterprises‘ staff for radiation accidents and liquidation of their consequences;

11.16. to carry out expertise of draft legal acts and other documents as well as construction, reconstruction and renovation projects in terms of RP;

11.17. to take samples of products, materials, commercial articles and raw materials to detect radioactive contamination, as provided in legal acts;

11.18. to test RP knowledge of personnel working with the Sources, to control the testing order, to carry out extraordinary tests;

11.19. to obtain radiation research results from other institutions performing the research, particularly if they can have influence on the human exposure;

11.20. to insist that legal persons, when necessary, invite independent experts to carry out RP expertise;

11.21. to cooperate with international and national organizations in the field of RP and, within its competence, represent the country in their activities;

11.22. to give official explanations for the issues the Centre is responsible for;

11.23. to arrange and present to the Ministry of Health Care financial normatives (standards) for the works, services, material resources and inventory, and pricelists for paid services for approval;

11.24. in coordination with the Ministry of Health Care, to join non-profit organizations, associations and to participate in their activities;

11.25. to sign agreements with legal and natural persons for rendering free and paid services concerning public health care;

11.26. to undertake the publishing activity in connection with the competence of the Centre and to receive additional non-budget income from it;

11.27. to announce (public) tenders in connection with activities of the Centre;

11.28. to apply to the Founder concerning the supplements and amendments of the Statute of the Centre;

11.29. to organize, carry out and participate in preparation of RP experts and improving their qualification;

11.30. to establish structured subdivisions;

11.31. to receive financial support from Lithuanian natural and legal persons and foreign natural and legal persons as well as from international organizations as provided in legal acts.

12. Officials carrying out state RP supervision and control have a right:

12.1. after presenting the official certificate, to gain access without hindrance to all teritories and sites of companies, institutions and organizations, military units, borderlands in Lithuania during working time, and out of hours – with representatives of these companies, institutions, organizations, military units and borderlands, to carry out state RP supervision and control;

12.2. to require and receive verbal and written explanations, certificates, documents and their copies, other information from legal and natural persons concerning RP and activities with the Sources;

12.3. to get statistic data, documents and information from state and municipal institutions and business subjects, necessary to carry out state RP supervision and control;

12.4. during the supervision and control, to get free access to the needed normative and technical documents belonging to business subjects (get their copies), technical facilities of the checked subject, measuring devices and, under the agreement with the manager of the subject, to involve their experts;

12.5. to draw up reports, acts and other documents of a certain form, to impose administrative responsibility on citizens and officials for violations of law and other legal acts regulating RP, to investigate administrative violations‘ cases and impose administrative penalties for the persons responsible;

12.6. to require that legal persons and their employees working with the Sources eliminate violations, suspend activities if the violations endanger human health or life;

12.7. to suspend activities of business subjects or activities with separate sources of ionizing radiation because of violations of the law of Radiation Protection or other legal acts regulating RP, to give binding instructions. When the instructions are fulfilled, to allow continue the activities;

12.8. because of violations of the law of Radiation Protection and other legal acts regulating RP, to propose the state institutions, authorized to issue licences, permits and other documents for business subjects, to suspend the activities of the business subjects;

12.9. to make decisions that are provided in the law of Radiation Protection, other law and legal acts regulating RP, in the Statute, Working regulations of the Centre, other legal acts and to demand these decisions to be implemented precisely and in time;

12.10. to invite experts and other specialists to carry out RP expertises and present the conclusions;

12.11. during the state RP supervision and control, to invite police and other law enforcement officers to help;

12.12. to require that planning and designing terms for special activities with the Sources were met, to estimate the compliance with the terms and to present conclusions as provided in legal acts;

12.13. to require that administration of enterprises, institutions and organizations working with the Sources:

12.13.1. prepared RP and safety programmes guaranteeing RP of the subject and safety of the Sources;

12.13.2. carried out tests on facilities and materials, analysis of working conditions, assessment of RP in the subjects, check of reliability and technical conditions of devices and systems;

12.13.3. presented information about all radiation accidents that triggered or could trigger additional exposure of the public or workers;

12.13.4. presented investigative materials about violations and information about RP means implemented or planned;

12.13.5. presented information about scientific research and construction work programmes, RP improvement plans, other information about RP;

12.14. handed over the material to law enforcement institutions as provided in legal acts to seek for compensation of damages or to impose sanctions on legal persons, officials and workers who had appeared guilty for radiation accidents in sites and violated RP requirements and endangered or made negative influence on human health and life.

13. the Centre and its staff (civil servants and personnel working under employment contracts) must carry out these duties:

13.1. to ensure that state RP control were of high quality, comprehensive and effective;

13.2. not to use and not to allow to use restricted or related information otherwise than is provided by law or other legal acts;

13.3. not to reveal state, official, commercial (industrial) secrets or other confidential information;

13.4. to avoid conflicts, to keep to the principles of ethics and anti-corruption behaviour;

13.5. to report to the Ministry of Health Care about radiation accidents taking place within the country and to help liquidate them as provided in legal acts;

13.6. to organize cooperation among various institutions in the field of RP;

13.7. to consult natural and legal persons concerning the issues that are within the competence of the Centre;

13.8. to assess how legal and natural persons carry out the requirements of legal acts on RP;

13.9. to investigate applications, proposals and complaints from legal and natural persons and to take measures within their competence to solve the problems as instructed;

13.10. to carry out obligations under signed agreements;

13.11. to use finance received from the state budget for the activities as provided in the Statute and not prohibited by law;

13.12. to ensure the correctness of financial and statistic reports of the Centre;

13.13. to introduce and improve internal system of work quality control and to inform the public about the activities of the Centre as provided in legal acts;

13.14. to observe the requirements of the law of Civil Service, Labour Code, the law of Radiation Protection and other law and legal acts, the Statute, Regulations of the Centre and Internal working rules of the Centre;

14. The Centre may have other rights and obligations if they do not contradict the legislation of the Republic of Lithuania.

V. ORGANIZATION OF WORK IN THE CENTRE

15. The Centre in its activities follows the legislation of the Republic of Lithuania, the decrees of the Government, orders of the Ministry of Health Care, the Statute of the Centre, Regulations of the Centre activities, Internal working rules of the Centre, descriptions of functions and other legal acts.

16. The Centre is managed by a director – the supreme inspector of state RP supervision and control of the Republic of Lithuania, appointed and dismissed by the Minister of Health Care as provided in the law of Civil Service. The director of the Centre is subordinate to the Minister of Health Care. The minister awards the director of the Centre official incentives and imposes official penalties.

17. The director of the Centre is personally responsible for the organization of operations of the Centre within Lithuania;

18. The director of the Centre has deputies who are appointed or dismissed by him as provided in the law of Civil Service;

19. The director of the Centre:

19.1. manages the Centre, organizes and coordinates activities of the Centre, is responsible for economic and financial operations of the Centre, makes decisions concerning all issues of the activity of the Centre;

19.2. ensures compliance with the law, international treaties, decrees of the Government, orders of the Minister of Health Care and other legal acts;

19.3. presents draft legislation concerning issues that are within the competence of the Centre as provided in Working regulations of the Ministry of Health Care;

19.4. within competence, issues orders and other legal acts approved by the orders, controls their implementation. Orders of the director of the Centre and other legal acts approved by the orders regulating public RP are compulsory for state and municipal institutions, legal and natural persons, officials and other persons;

19.5. presents reports to the Ministry of Health Care, reports to the Minister of Health Care about his activities;

19.6. employs and dismisses civil servants of the Centre as well as personnel working under employment agreements, awards incentives and imposes penalties as provided in the law of Civil Service and other legal acts;

19.7. approves the Working regulations of the Centre, Internal working rules of the Centre, statutes of structured subdivisions;

19.8. approves the structure of the Centre, lists of staff and functions, sets official salary rates and premium pays not exceeding financial resources assigned for remuneration;

19.9. authorizes officials of the Centre to implement functions of state RP supervision and control;

19.10. represents the Centre in Lithuanian and foreign institutions and international organizations. As provided in legal acts, signs agreements with foreign institutions or international organizations concerning issues the Centre is responsible for, and holds talks and signs international treaties when awarded special powers;

19.11. concludes transactions on behalf of the Centre or authorizes other civil servants or employees of the Centre for these tasks;

19.12. investigates complaints concerning actions of civil servants of the Centre and has a right to cancel or change decisions made by them if they contradict the legislation of the Republic of Lithuania;

19.13. awards incentives to civil cervants and employees of the Centre, imposes official or disciplinary penalties, pays one-off allowances and welfare benefits as provided in the law of Civil Service, Labour Code and other legal acts;

19.14. represents the Centre in the court and other institutions or authorizes other civil servants or employees of the Centre for these tasks;

19.15. carries out other functions as provided in legal acts of the Republic of Lithuania.

20. The director of the Centre manages subdivisions of the Centre through his/her deputies;

21. For resolving strategic issues of the Centre, orders of the Minister of Health Care, other draft legislation, strategic plans of structured subdivisions of the Centre and other important questions, collegial advisory boards may be set up in the Centre and their statutes shall be approved by the director.

VI. EMPLOYMENT OF CIVIL SERVANTS AND OTHER PERSONNEL AND THEIR REMUNERATION

22. Order and conditions for employment of civil servants and employees of the Centre and their remuneration are provided in the law of Civil Service, Labour Code, other legal acts.

VII. FINANCIAL SOURCES OF THE CENTRE AND CONTROL OF THEIR USE

23. The Centre is financed from the state budget in accordance with the estimate approved by the Ministry of Health Care, following the funding rules and budgetary procedures set by the Ministry of Finance.
24. The Centre may have special funds and other legally obtained financial resources used in accordance with the law and other legal acts.

VIII. CONTROL OF FINANCIAL ACTIVITIES OF THE CENTRE

25. Financial activities and accountability of the Centre is kept as provided in legal acts of the Republic of Lithuania.
26. The Centre is accountable for its financial activities to the Ministry of Health Care.
27. Control of financial activities of the Centre is performed by the Ministry of Health Care and other controlling institutions as provided in legal acts.

IX. REORGANIZATION AND LIQUIDATION OF THE CENTRE

28. The Founder reorganizes or liquidates the Centre as provided in legal acts of the Republic of Lithuania.

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