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DECISION OF BOARD OF THE EUROASIAN ECONOMIC COMMISSION

of November 14, 2017 No. 155

About approval of the Procedure of monitoring and carrying out the comparative and legal analysis of regulatory legal acts and projects of regulatory legal acts of the state members of the Eurasian Economic Union providing subsidies

For the purpose of realization of provisions of Item 6 of article 93 of the Agreement on the Eurasian Economic Union of May 29, 2014 and article 12 of the Agreement on procedure for voluntary coordination by state members of the Eurasian Economic Union with the Euroasian economic commission of specific subsidies concerning manufactured goods and conducting by the Euroasian economic commission the trials connected with provision by state members of the Eurasian Economic Union of specific subsidies of May 26, 2017 the Board of the Euroasian economic commission solved:

1. Approve the enclosed Procedure of monitoring and carrying out the comparative and legal analysis of regulatory legal acts and projects of regulatory legal acts of the state members of the Eurasian Economic Union providing subsidies.

2. Declare invalid the Decision of Board of the Euroasian economic commission of August 16, 2012 No. 132 "About Regulations on procedure of monitoring and carrying out the comparative and legal analysis of the national legal system of state members of the Customs union and the Common economic space regarding compliance to the Agreement on single rules of provision of industrial subsidies of December 9, 2010".

3. This Decision becomes effective after 30 calendar days from the date of its official publication, but not earlier than the date of entry into force of the Agreement on procedure for voluntary coordination by state members of the Eurasian Economic Union with the Euroasian economic commission of specific subsidies concerning manufactured goods and conducting by the Euroasian economic commission the trials connected with provision by state members of the Eurasian Economic Union of specific subsidies of May 26, 2017.

Chairman of Board of the Euroasian economic commission
T. Sargsyan

Approved by the Decision of Board of the Euroasian economic commission of November 14, 2017, No. 155

Procedure of monitoring and carrying out the comparative and legal analysis of regulatory legal acts and projects of regulatory legal acts of the state members of the Eurasian Economic Union providing subsidies

I. General provisions

1. This Procedure is developed for the purpose of ensuring realization by the Euroasian economic commission (further – the Commission) the powers determined by article 93 of the Agreement on the Eurasian Economic Union of May 29, 2014 (further – the Agreement) and article 12 of the Agreement on procedure for voluntary coordination by state members of the Eurasian Economic Union with the Euroasian economic commission of specific subsidies concerning manufactured goods and conducting by the Euroasian economic commission the trials connected with provision by state members of the Eurasian Economic Union of specific subsidies of May 26, 2017 (further – the Agreement), and establishes the procedure of implementation of monitoring and carrying out the comparative and legal analysis of regulatory legal acts and projects of regulatory legal acts of state members of the Eurasian Economic Union (further respectively – monitoring, the comparative and legal analysis, state members, The union) regarding their compliance to provisions of article 93 of the Agreement and the Protocol on single rules of provision of industrial subsidies (appendix No. 28 to the Agreement) (further – the Protocol).

2. The concepts used in this Procedure are applied in the values determined by the Agreement concerning provision of subsidies and the Agreement.

II. Subject of monitoring and comparative and legal analysis

3. Subject of monitoring are the regulatory legal acts of state members providing subsidies.

4. Subject of the comparative and legal analysis are the regulatory legal acts and projects of regulatory legal acts of state members providing subsidies.

III. Procedure of monitoring and carrying out the comparative and legal analysis

5. Monitoring and the comparative and legal analysis are carried out by the structural division of the Commission providing activities of the Commission in the sphere of industrial policy and industrial subsidies within the Union (further – department).

6. Monitoring includes collection and generalization of information on regulatory legal acts of the state members providing subsidies.

7. The comparative and legal analysis is carried out by department:

a) on permanent basis concerning information specified in Item 10 of this Procedure;

b) according to the address of state member with the offer on carrying out the comparative and legal analysis, stipulated in Item the 5th article 12 of the Agreement.

8. During the comparative and legal analysis assessment of conformity of regulatory legal acts and projects of regulatory legal acts of state members to provisions of article 93 of the Agreement and Protocol is performed.

9. During the comparative and legal analysis classification of subsidies is performed according to provisions of article 93 of the Agreement and Protocol, and also taking into account provisions of acts of Board of the Commission on questions of classification of subsidies according to provisions of the Agreement and Protocol.

10. When carrying out the comparative and legal analysis it is used:

a) information which arrived in the Commission from authorized bodies of state members according to article 12 of the Agreement and the Section IX of the Protocol;

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