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 approval by state members of the Eurasian Economic Union with the Eurasian economic commission of specific subsidies concerning manufactured goods and conducting by the Eurasian 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 Eurasian 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 Eurasian 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 approval by state members of the Eurasian Economic Union with the Eurasian economic commission of specific subsidies concerning manufactured goods and conducting by the Eurasian 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 Eurasian economic commission
T. Sargsyan
Approved by the Decision of Board of the Eurasian economic commission of November 14, 2017, No. 155
1. This Procedure is developed for the purpose of ensuring realization by the Eurasian 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 approval by state members of the Eurasian Economic Union with the Eurasian economic commission of specific subsidies concerning manufactured goods and conducting by the Eurasian 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 defined by the Agreement concerning provision of subsidies and the Agreement.
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.
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 field 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;
b) information placed in sources of official publication of regulatory legal acts of state members;
c) information obtained by results of the monitoring which is carried out by the Commission.
11. The commission in case of non-presentation of state members by authorized bodies at the scheduled time information, stipulated in Article 12 Agreements and the Section IX of the Protocol, sends inquiries for provision of necessary information to the following terms:
a) about all subsidies provided in reporting year – annually, not late on August 1 the year following for reporting;
b) about the specific subsidies provided in reporting year and approved with the Commission – annually, no later than August 1 of the year following for reporting;
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