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DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of June 11, 2019 No. 93

About the Procedure for recognition of industrial goods jointly made by state members of the Eurasian Economic Union

For the purpose of implementation of the subitem 15 of Item 1 of article 11 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 for recognition of industrial goods jointly made by the states members of the Eurasian Economic Union (further - the Procedure).

2. Ask the governments of state members of the Eurasian Economic Union in 3-month time from the date of the introduction of this Decision in force to determine the authorized body (organization) responsible for issue of the conclusions specified in 2 items 4 and 7 About and to inform on it the Eurasian economic commission.

3. Determine that provisions of paragraph one of Item 3 of the Procedure are applied during 1 year since the date of entry into force of this Decision. Not later than 180 calendar days before completion of this period the Eurasian economic commission together with state members of the Eurasian Economic Union determines need of prolongation of application of such provisions in existing or in the changed type. After the specified period if need of prolongation of their application for the changed type was not determined, provisions of paragraph one of Item 3 of the Procedure are applied as it stands.

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

Chairman of Board of the Eurasian economic commission

T. Sargsyan

Approved by the Decision of Board of the Eurasian economic commission of June 11, 2019, No. 93

Procedure for recognition of industrial goods jointly made by the states members of the Eurasian Economic Union

1. This Procedure is developed for the purpose of implementation of the subitem 15 of Item 1 of article 11 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 the states by members of the Eurasian Economic Union of specific subsidies of May 26, 2017 (further - the Agreement).

2. For the purposes of application of this Procedure concepts which mean the following are used:

"prime manufacturer" - the legal entity or physical person registered as the individual entrepreneur, the subsidizing state member of the Eurasian Economic Union, the performing technological transactions on production of goods and having rights to design and technological documentation in the amount necessary for production of goods;

"producers" - prime manufacturer and soproizvoditel;

"soproizvoditel" - the legal entity or physical person registered as the individual entrepreneur, the state of the member of the Eurasian Economic Union which is not state member of prime manufacturer, the carrying-out part of technological transactions on production of goods or its components (components) having rights to design and technological documentation in the amount necessary for implementation of such technological transactions and (or) for implementation of development and production of the constituting (components) used in production of goods.

3. The industrial goods is recognized jointly manufactured goods if producers 2 and more state members of the Eurasian Economic Union participate in its production (further - state members) which meet the following requirements:

a) are tax residents of the corresponding state members and perform in the territories of such state members technological transactions on production of goods and (or) its components (components);

b) do not perform the same technological transactions on production of goods;

c) the prime manufacturer performs in the territory of the subsidizing state member necessary technological transactions if the legislation of the subsidizing state member establishes the requirement to receivers of subsidy about accomplishment in the territory of the subsidizing state member of technological transactions on production of goods;

d) soproizvoditel can perform the technological transactions on production of goods provided in the subitem "v" of this Item in cases, stipulated by the legislation the subsidizing state member;

e) the cumulative percentage cost portion of the technological transactions which are carried out by soproizvoditel on production of goods or cost of the constituting (components) of goods made by soproizvoditel is equal in selling price of goods of prime manufacturer or exceeds the value established by Council of the Eurasian economic commission as condition of use of the criterion specified in the subitem 15 of Item 1 of article 11 of the Agreement.

4. Confirmation of recognition of industrial goods jointly made is the corresponding conclusion of authorized body (organization) of the subsidizing state member. The specified conclusion is issued in case of observance of all requirements specified in Item 3 presents of the Procedure and shall contain documentary confirmation of their observance.

5. The procedure for issue of the conclusion specified in item 4 of this Procedure is determined by authorized body (organization) of the subsidizing state member if other is not established by the legislation of the subsidizing state member.

Assessment of accomplishment of the conditions specified in Item 3 presents of the Procedure is performed by authorized body (organization) of the subsidizing state member.

6. In case of assessment of accomplishment of the conditions specified in Item 3 presents of the Procedure, authorized body (organization) of the subsidizing state member:

a) uses the conclusion specified in Item 7 of this Procedure;

b) in need of receipt of additional data and (or) explanations sends inquiries to authorized bodies (organizations). The direction of requests in the expert and scientific organizations of other state members is performed through authorized body (organization) of the corresponding state member;

c) if necessary can create commission of experts which structure can include in coordination with authorized body (organization) of state member of soproizvoditel representatives of authorized bodies of state members which producers participate in production of goods, and also the expert and scientific organizations of such state members.

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