Special obligations – are the functions that a state-owned enterprise (SOE) would not undertake to perform on a commercial basis (or would perform them at a higher price than specified) and which a SOE is entrusted to perform under the state’s decision.
The Company performs a special obligation: it carries out maintenance, modernisation and development of the public railway infrastructure and provides minimum access package services.
The purpose of the special obligation:
Provide minimum access package services to railway undertakings (carriers) on non-discriminatory terms;
Maintain, modernise and develop the public railway infrastructure by implementing projects listed in the state investment programme and by ensuring the use of the EU funds.
Legislation entrusting the SOE with the following special obligation:
- Provision of minimum access package services: Article 3(51), Article 23(1), Article 24(1)(6) of RTC;
- Maintenance, modernisation and development of the public railway infrastructure: Article 3(51), Article 23(1) and Article 24(1)(1), Article 24(1)(3) and Article 24(1)(4) of RTC.
Legislation that sets forth the conditions for the performance of a special obligation and regulates pricing:
- Provision of minimum access package services: the budget appropriations for performance of the function are allocated in accordance with the “Quality assurance and financing agreement between the Ministry of Transport and Communications of the Republic of Lithuania and LTG Infra, the manager of the public railway infrastructure, to ensure the quality and financing of the public railway infrastructure and railway service facilities owned by Lithuania dated 6 April 2022”* (contract in original language here) and the annual contract between the Ministry of Transport and Communications of the Republic of Lithuania and LTG Infra for the use of the state budget funds for the implementation of the programme Implementation of Transport and Communications Policy. Pricing is regulated by Article 25-252 of RTC and the rules for calculation and payment of the charges of minimum access to public railway infrastructure package and fees for allocated but not used public railway infrastructure capacities, approved by Resolution No 610 of the Government of the Republic of Lithuania of 19 May 2004 ‘On approval of the rules for calculation and payment of the charges of minimum access to public railway infrastructure package and fees for allocated but not used public railway infrastructure capacities’;
*According to clause 5.4 of the contract, a report on the implementation of the list of quality criteria for the Public Railway Infrastructure and the Railway Service Facilities owned by the State of Lithuania is published (document in the original language here).
- Maintenance, modernisation and development of the public railway infrastructure: the function is performed under the agreement on use of the state funds for the implementation of the programme ‘Implementation of transport and communications policy’ concluded on an annual basis between the Ministry of Transport and Communications of the Republic of Lithuania and AB LTG Infra and, also, the funds from the European Structural and Investment Funds (ESI) and Connecting Europe Facility are allocated and the LTG Infra’s own funds are used. Pricing is not subject to regulation.
The special obligation has a budget of Eur 235.0 million in 2023, of which:
- State budget allocations – Eur 104.5 million;
- European Union funds – Eur 130.4 million.
More detailed information on the state budget allocations for the special obligation can be found in the Strategic Operational Plan 2023-2025 of the areas of responsibility of the Minister of Transport and Communications of the Republic of Lithuania, which can be found at this link.
The state budget allocations (including the European Structural and Investment Funds and the Connecting Europe Facility) designated to the special obligation in 2022 amount to Eur 251.9 million.
In addition, in 2022, co-financing of Eur 128.5 million is being negotiated with the Ministry of Transport and Communications of the Republic of Lithuania for the implementation of investment projects.
More detailed information on the state budget allocations for the special obligation can be found in the Strategic Operational Plan 2022-2024 of the areas of responsibility of the Minister of Transport and Communications of the Republic of Lithuania, which can be found at this link.
The results of the 2022 special obligation are reported in LTG Infra's 2022 Annual Report (report link).
The results of the 2021 special obligation are reported in LTG Infra's 2021 Annual Report (report link).