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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of November 26, 2018 No. 461

About reconstruction of the highway

(as amended of the Presidential decree of the Republic of Belarus of 24.08.2022 No. 298)

For the purpose of improvement of quality of road infrastructure using the mechanism of public-private partnership I decide:

1. Enable project implementation on reconstruction and maintenance of object "The highway M-10 border the Russian Federation (Settlement) - Gomel - Kobrin of 109,9 km - 195,15 km" on the principles of public-private partnership (further - the project of PPP).

2. Authorize the Ministry of Transport and Communications to act on behalf of the Republic of Belarus on the project of PPP as the state partner who:

2.1. develops draft agreements on public-private partnership (further - the agreement on PPP) and agreements on interaction;

2.2. will organize competition on the project of PPP (further - tender);

2.3. develops and approves the preliminary, preparatory and resulting tender documentation;

2.4. signs the agreement on PPP;

2.5. performs assessment of execution by the private partner of terms of agreement about PPP;

2.6. plans and provides the direction of annual payments to the private partner from means of the republican budget according to the legislation and terms of agreement on PPP;

2.7. signs the agreement on interaction with the private partner in case of its consent;

2.8. assists the private partner in provision:

section of the highway M-10 border Russian Federation (Settlement) - Gomel - Kobrin of 109,9 km - 195,15 km (further - subject of the agreement on PPP), and also the parcels of land necessary for reconstruction and maintenance of this object (further - the parcels of land on which subject of the agreement on PPP is located);

allowing documentation on reconstruction of subject of the agreement on PPP;

the project documentation on reconstruction of subject of the agreement on PPP (further - the project documentation);

capital structures (buildings, constructions), their parts necessary for project implementation of PPP and specified in the agreement on PPP (further - objects of other real estate), and also the parcels of land for maintenance of these objects;

2.9. performs other rights and obligations of the state partner provided by the agreement on PPP and the legislation.

3. Preparation and carrying out tender, agreement signature about PPP are performed according to the procedure, established by the Law of the Republic of Belarus of December 30, 2015 "About public-private partnership", taking into account features of carrying out tender and agreement signature about PPP (are applied).

4. Determine that:

4.1. the general amount of the payments which are subject to payment to the private partner in the project of PPP from means of the republican budget, established for the purposes of carrying out tender cannot exceed 461, 3 million euros;

4.2. GU "Belavtostrada" acts on the project of PPP as the authorized representative of the state partner and performs:

organizational and technical works on carrying out tender;

representation to the state partner of information on execution by the private partner of terms of agreement about PPP;

other functions provided by this Decree and the agreement on PPP;

4.3. private partner:

performs reconstruction of subject of the agreement on PPP at the expense of own and (or) raised funds, and also its maintenance in accordance with the terms of the agreement on PPP;

acts as the customer in construction activities in case of project implementation of PPP without the need for receipt of the certificate of compliance;

receives gratuitously from RUP "Gomelyavtodor" the project documentation prepared (developed) by this company or for it uses it (with the right of modification). The cost of the project documentation gratuitously received from RUP "Gomelyavtodor" is not included non-operating incomes for the purposes of the taxation;

has the right to perform production of popular minerals, including with involvement of contract organizations, on fields according to the project documentation with parallel registration, including contract organizations, materials on branch land uchastkov*. The extracted popular minerals are used only within project implementation of PPP according to the specified documentation;

has the right to establish in the civil agreements (including foreign trade) signed within implementation of the agreement on PPP, condition about the prices (rates) for the goods (works, services) used for project implementation of PPP, terms and procedure of payments without application of the regulation established by the legislation;

has the right to determine independently contractors, suppliers of goods, contractors of services for the purposes of project implementation of PPP regardless of financing source without holding procedures of purchases of goods (works, services) established by the legislation;

after acceptance of subject of the agreement on PPP puts into operation to the state partner the purchase costs it goods (works, services), property rights which are not attachments in non-current assets of the private partner actually made for the purpose of reconstruction of subject of the agreement on PPP. At the same time allocation to the state partner of tax amounts on value added on such costs is not made;

it is exempted during operation of the agreement on PPP from:

compensations of the losses of agricultural and (or) forestry and landscape production caused by withdrawal or temporary occupation of the farmlands and (or) lands of forest fund provided for project implementation of PPP;

tax for production (withdrawal) of natural resources (soil for earth constructions, sand construction and sand-gravel mix) for use in road construction within the project of PPP;

compensation payments for harmful effects on objects of fauna and (or) circle of their dwelling;

compensation payments of cost of the deleted flora objects;

depreciations concerning subject of the agreement on PPP and objects of other real estate;

______________________________

* Based on the materials of preliminary approval of the location of the parcels of land and acts certifying mountain branches, which are drawn up by RUP "Gomelyavtodor" taking into account the project documentation.

4.4. the contract organizations attracted in the project progress by PPP:

has the right to establish in the civil agreements (including foreign trade) signed within implementation of the agreement on PPP, condition about the prices (rates) for the goods (works, services) used for project implementation of PPP, terms and procedure of payments without application of the regulation established by the legislation;

has the right to determine independently subcontractors, suppliers of goods, contractors of services for the purposes of project implementation of PPP regardless of financing source without holding procedures of purchases of goods (works, services) established by the legislation;

are exempted during operation of the agreement on PPP from:

compensations of the losses of agricultural and (or) forestry and landscape production caused by withdrawal or temporary occupation of farmlands and (or) lands of forest fund for production of the popular minerals used for project implementation of PPP;

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