DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of November 21, 2017 №160

About Regulations on carrying out monitoring and the comparative and legal analysis of the legislation of state members of the Eurasian Economic Union in the field of the state support of agricultural industry

For the purpose of implementation of the subitem 7 of Item 7 of article 95 of the Agreement on the Eurasian Economic Union of May 29, 2014 the Board of the Eurasian economic commission solved:

1. Approve the enclosed Regulations on carrying out monitoring and the comparative and legal analysis of the legislation of state members of the Eurasian Economic Union in the field of the state support of agricultural industry.

2. Declare invalid the Decision of Board of the Euroasian economic commission of September 25, 2012 №166 "About Regulations on procedure of monitoring and carrying out the comparative and legal analysis of legislations of state members of the Customs union and the Common economic space regarding compliance to the Agreement on single rules of the state support of agricultural industry of December 9, 2010".

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

Approved by the Decision of Board of the Euroasian economic commission of November 21, 2017 №160

Regulations on carrying out monitoring and the comparative and legal analysis of the legislation of state members of the Eurasian Economic Union in the field of the state support of agricultural industry

I. General provisions

1. This Regulation defines the procedure for conducting of monitoring and the comparative and legal analysis of the legislation of the states – members of the Eurasian Economic Union in the field of the state support of agricultural industry (further respectively – monitoring, the comparative and legal analysis, state members, the Union).

2. Monitoring and the comparative and legal analysis are carried out by the Eurasian economic commission (further – the Commission) on permanent basis according to the subitem 7 of Item 7 of article 95 of the Agreement on the Eurasian Economic Union of May 29, 2014 (further – the Agreement).

3. The purpose of carrying out monitoring and the comparative and legal analysis is ensuring accomplishment with state members of obligations on normative legal regulation of the state support of agricultural industry assumed within the Union.

4. The concepts used in this Provision are applied in the values defined by the Agreement.

II. Procedure for carrying out monitoring and comparative and legal analysis

5. When carrying out monitoring and the comparative and legal analysis the Commission performs:

a) collection and information analysis about regulatory legal acts according to which state members provide the state support of agricultural industry;

b) the comparative and legal analysis of the legislation of state members in the field of the state support of agricultural industry and relevant provisions of the Agreement regarding compliance of the legislation of state members to obligations within the Union;

c) the analysis of experience of normative legal regulation of the state support of agricultural industry of the third countries, including practice of assessment of the course of accomplishment of the international obligations of the third countries in the field of agricultural industry within the World Trade Organization (WTO);

d) motivated assessment of normative legal regulation taking into account results of qualification of measures of the state support which is carried out by state members within notifications on the state support of agricultural industry, and practice of qualification of such measures by the third countries within the WTO;

e) assistance in carrying out joint consultations of state members concerning the state support of agricultural industry, including concerning development of the right of the WTO in this sphere.

6. Monitoring and the comparative and legal analysis are carried out by the Commission in the relation:

a) informatsiio normative legal regulation of the state support of agricultural industry containing in sources of official publication of regulatory legal acts of state members;

b) information on amounts of the state support of agricultural industry and official statistical data of state members.

7. The commission has the right to send to executive bodies of state members inquiry for providing information, necessary for monitoring and the comparative and legal analysis.

8. Executive bodies of state members provide provision in the Commission of required information according to the paragraph to the second Item 8 of the Regulations on the Euroasian economic commission (appendix №11 to the Agreement).

9. Monitoring and the comparative and legal analysis are carried out taking into account the notifications on the planned or provided state support of agricultural industry which arrived in the Commission according to Item 35 or Item 38 of the Protocol on measures of the state support of agricultural industry (appendix №29 to the Agreement).

III. Form of fixing of results of monitoring and comparative and legal analysis

10. The results of monitoring and the comparative and legal analysis created by the Commission include:

a) the analysis results, the Item 5 of this provision which is carried out according to the subitem "a" characterizing:

purposes of implementation of measures of the state support of agricultural industry;

terms of implementation of measures of the state support of agricultural industry;

conditions of providing measures of the state support of agricultural industry;

b) the results of the comparative and legal analysis which is carried out according to the subitem "b" of Item 5 of this provision, characterizing:

the measures of the state support of agricultural industry which are not making the distorting impact on mutual trade of state members in agricultural goods;

the measures of the state support of agricultural industry making the distorting impact on mutual trade of state members in agricultural goods;

the measures of the state support of agricultural industry which are most making the distorting impact on trade of state members in agricultural goods;

c) assessment of normative legal regulation of state members in part:

efficiency of implementation of measures of the state support of agricultural industry;

dynamics of development of agricultural industry;

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