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DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of January 18, 2019 No. 14

About the list of conditions of use of separate criteria of admissibility of specific subsidies

(as amended of the Decision of Council of the Eurasian economic commission of 16.03.2020 No. 44)

According to Item 2 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 (further - the Agreement) Council of the Eurasian economic commission solved:

1. Approve the enclosed list of conditions of use of separate criteria of admissibility of specific subsidies.

2. Determine that the average number of employees of the companies specified in the subitem 8 of Item 1 of article 11 of the Agreement for the calendar year preceding year of provision of specific subsidy shall not exceed 250 people.

3. Determine that provisions of Item 5 of the list approved by this Decision are applied till May 21, 2024. Before completion of this period the Eurasian economic commission together with state members of the Eurasian Economic Union determines need of prolongation of data application of provisions in existing or in the changed type.

4. This Decision becomes effective after 10 calendar days from the date of its official publication.

Members of council of the Eurasian economic commission:

From the Republic of Armenia

 

M. Grigoryan

From the Republic of Belarus

I. Petrishenko

From the Republic of Kazakhstan

A. Mamin

From the Kyrgyz Republic

Zh. Razakov

From the Russian Federation

A. Siluanov

Approved by the Decision of Council of the Eurasian economic commission of January 18, 2019, No. 14

List of conditions of use of separate criteria of admissibility of specific subsidies

1. The criterion of admissibility of specific subsidy specified in the subitem 1 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 (further - the Agreement), is applied provided that 1 receiver (company) can receive little significant specific subsidy not more often than 2 times a year.

2. The criterion of admissibility of specific subsidy specified in the subitem 2 of Item 1 of article 11 of the Agreement is applied provided that it is necessary to understand case as the insufficient number of production, when share of the goods made in state members of the Eurasian Economic Union (further respectively - state members, the Union), makes in the market of the Union less than 10 percent from consumption amount.

The specified level is calculated based on the statistical data obtained for 3 years preceding start date of effective period of specific subsidy. In case of approval of the subsidy planned to provision this level is calculated based on the statistical data obtained for 3 years preceding date of filing of application about approval.

This criterion is applied on condition of participation in joint project of 2 and more state members.

3. The criterion of admissibility of specific subsidy specified in the subitem 3 of Item 1 of article 11 of the Agreement is applied provided that the size of subsidy shall not exceed 5 percent of the maximum annual revenue of the company for 3 years preceding start date of effective period of specific subsidy. In case of approval of the subsidy planned to provision this level is calculated based on the statistical data obtained for 3 years preceding date of filing of application about approval.

4. The criterion of admissibility of specific subsidy specified in the subitem 4 of Item 1 of article 11 of the Agreement is applied provided that the size of subsidy shall not exceed 5 percent of the maximum annual revenue of the company for 3 years preceding start date of effective period of specific subsidy and there is no fact of obtaining by such company of the specific subsidy corresponding to the criterion specified in the subitem 3 of Item 1 of article 11 of the Agreement within the year preceding date of filing of application about approval. In case of approval of the subsidy planned to provision this level is calculated based on the statistical data obtained for 3 years preceding date of filing of application about approval.

5. The criterion of admissibility of specific subsidy specified in the subitem 6 of Item 1 of article 11 of the Agreement is applied provided that it is necessary to understand case when the share of the goods made in state members constitutes in the market of the Union less than 40 percent from consumption amount as the insufficient number of production.

Annual value of share of goods in the market of the Union is calculated based on the statistical data obtained for 3 years preceding start date of effective period of specific subsidy and shall not exceed the level specified in paragraph one of this Item. In case of approval of the subsidy planned to provision this value of share is calculated based on the statistical data obtained for 3 years preceding date of filing of application about approval.

The amount of consumption is calculated as the total volume of production and import less export volume.

6. The criterion of admissibility of specific subsidy specified in the subitem 7 of Item 1 of article 11 of the Agreement is applied provided that the right to payments arises in case of recognition of the fact of natural disaster or other emergency of state member by authority (authority of administrative and territorial unit of state member).

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