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DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of December 20, 2017 No. 94

About the Procedure for carrying out the analysis regarding availability of threat of causing material damage of industry of national economy of state members of the Eurasian Economic Union owing to provision by other state member of the Eurasian Economic Union of specific subsidy

For the purpose of realization of item 4 of article 9 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) Council of the Eurasian economic commission solved:

1. Approve the enclosed Procedure for carrying out the analysis regarding availability of threat of causing material damage of industry of national economy of state members of the Eurasian Economic Union owing to provision by other state member of the Eurasian Economic Union of specific subsidy.

2. This Decision becomes effective from the effective date Agreements, but not earlier than after 10 calendar days from the date of official publication of this Decision.

Members of council of the Eurasian economic commission:

From the Republic of Armenia

 

V. Gabriyelyan

From the Republic of Belarus

V. Matyushevsky

From the Republic of Kazakhstan

A. Mamin

From the Kyrgyz Republic

T. Abdygulov

From the Russian Federation

I. Shuvalov

Approved by the Decision of Council of the Eurasian economic commission of December 20, 2017, No. 94

Procedure for carrying out the analysis regarding availability of threat of causing material damage of industry of national economy of state members of the Eurasian Economic Union owing to provision by other state member of the Eurasian Economic Union of specific subsidy

I. General provisions

1. This Procedure is developed for the purpose of ensuring realization of items 4 and the 5th article 9 of the Agreement on procedure for voluntary approval with 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 procedure for carrying out the analysis regarding availability of threat of causing material damage of industry of national economy of state member of the Eurasian Economic Union (further respectively - state member, the Union) owing to provision by other state member of specific subsidy (further - the analysis).

2. The concepts used in this Procedure are applied in the values determined by the Agreement and the Protocol on single rules of provision of industrial subsidies (appendix No. 28 to the Agreement on the Eurasian Economic Union of May 29, 2014) (further - the Protocol).

3. The analysis is carried out concerning specific subsidy by results of which approval according to the Section II of the Agreement it is revealed that such subsidy does not fall under criteria of inadmissibility of specific subsidy, stipulated in Article 10 Agreements, and does not correspond to any criterion of admissibility of specific subsidy, stipulated in Article 11 Agreements.

4. When carrying out the analysis are used:

a) information which arrived in the Eurasian economic commission (further - the Commission) from authorized bodies of state members;

b) information placed in national sources of official publication of regulatory legal acts of state members;

c) other information.

5. Carrying out the analysis is performed 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. Carrying out the analysis is based on the following fundamental principles:

a) principle of independence: analysis results are created by means of estimates of the international employees of the Commission independent of public authorities of state members;

b) principle of objectivity: analysis results reflect real situation in the researched sphere and do not depend on subjective opinion of persons who were carrying out the analysis;

c) principle of legality: the analysis is based on provisions of this Procedure, the Agreement and Protocol.

II. Information collection for carrying out the analysis

7. The authorized body of state member which directed to the Commission the application for approval of specific subsidy according to the Section II of the Agreement (further - the statement), after consideration at meeting of Board of the Commission of question that such subsidy does not fall under criteria of inadmissibility, stipulated in Article 10 Agreements and does not correspond to any criterion of admissibility the stipulated in Article 11 Agreements having the right to address to the Commission with the offer on carrying out the analysis (further - the address).

The address is filled in with authorized body of state member according to this Procedure in Russian with use of electronic printers.

If the address contains confidential information, that address moves in 2 versions: confidential and not confidential.

Not confidential version shall be information provided in the confidential version, rather detailed for understanding of being.

Information stated in the address shall be reliable and be followed by the reference to the source of its obtaining.

8. In the address are specified:

a) data on the authorized body of state member which sent the appeal to the Commission (the name of authorized body, First Name, Middle Initial, Last Name, phone number (fax), the e-mail address of the authorized contact person);

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