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DECISION OF BOARD OF THE EUROASIAN ECONOMIC COMMISSION

of December 25, 2018 No. 221

About approval of the Procedure for giving in the Euroasian economic commission of addresses of state members of the Eurasian Economic Union on the facts of introduction of the state price regulation, their consideration by the Euroasian economic commission and carrying out consultations and about recognition voided some decisions of Board of the Euroasian economic commission

Based on Item 88 of the Protocol on the general principles and competition rules (appendix No. 19 to the Agreement on the Eurasian Economic Union of May 29, 2014) the Board of the Euroasian economic commission solved:

1. Approve the enclosed Procedure for giving in the Euroasian economic commission of addresses of state members of the Eurasian Economic Union on the facts of introduction of the state price regulation, their consideration by the Euroasian economic commission and carrying out consultations.

2. Recognize invalid:

The decision of Board of the Euroasian economic commission of November 6, 2012 No. 210 "About the Procedure for giving in the Euroasian economic commission of addresses of state members of the Eurasian Economic Union on the facts of introduction of the state price regulation and their consideration by the Euroasian economic commission";

The decision of Board of the Euroasian economic commission of September 12, 2016 No. 104 "About modification of the Decision of Board of the Euroasian economic commission of November 6, 2012 No. 210".

3. This Decision becomes effective after 30 calendar days from the date of its official publication.

Chairman of Board of the Euroasian economic commission

T. Sargsyan

Approved by the Decision of Board of the Euroasian economic commission of December 25, 2018, No. 221

Procedure for giving in the Euroasian economic commission of addresses of state members of the Eurasian Economic Union on the facts of introduction of the state price regulation, their consideration by the Euroasian economic commission and carrying out consultations

I. General provisions

1. This Procedure is developed based on Item 88 of the Protocol on the general principles and competition rules (appendix No. 19 to the Agreement on the Eurasian Economic Union of May 29, 2014) (further – the Protocol), and also for the purpose of realization of Item 82 of the Protocol.

For the purposes of this Procedure concepts of the values determined in the Protocol are used.

2. This Procedure determines rules of giving by state members of the Eurasian Economic Union (further – state members) the addresses about contest of decisions on introduction by other state member of the state price regulation (further – the address about cancellation of price regulation), the addresses of state members about introduction of the state price regulation for the new term (prolongation of term of introduction of the state price regulation) (further – the address about prolongation of price regulation), considerations by the Euroasian economic commission (further – the Commission) the specified addresses and adoption of decisions by the Commission following the results of their consideration, and also carrying out consultations concerning price regulation.

3. This Procedure is not applied:

a) to cases of the state price regulation of all services, including services of subjects of natural monopolies;

b) to the sphere of the state purchasing and commodity interventions;

c) to cases of the state price regulation on the following goods:

natural gas;

the liquefied gas for domestic needs;

electrical and heat energy;

vodka, alcoholic beverage and other alcoholic products with a strength over 28% (minimum price);

ethyl alcohol from food raw materials (minimum price);

fuel firm, fuel oven;

products of nuclear and energy cycle;

kerosene for domestic needs;

oil products;

medicines;

tobacco products.

II. Rules of giving by state member of appeals to the Commission

4. The state member has the right to send to the Commission the appeal about disagreement with the solution of other state member on introduction of the state price regulation provided by Items 81 and 82 of the Protocol by it.

5. The state member has the right to send to the Commission the appeal about prolongation of price regulation not later than 35 calendar days before expected date of prolongation of the state price regulation.

6. The decision on submission of addresses is made by state member.

7. In the address about cancellation of price regulation are specified:

a) data on the decision on introduction of the state price regulation;

b) data which, according to the state member which sent the appeal about cancellation of price regulation specify that this price regulation brings or can lead to restriction of the competition for the territories (part of the territory) of state member in which this price regulation is entered (market analysis results, materials of public authorities of state member, the appeal of business entities (subjects of the market)), with reasons for the fact that it is possible to achieve the objectives of introduction of the state price regulation the different way having smaller negative consequences for competitive situation;

c) requirement about cancellation of introduction of the state price regulation;

d) the list of the enclosed documents (materials, data) (in the presence).

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