RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of May 14, 2019 No. 298

About industrial subsidies

According to article 3 of the Law of the Republic of Belarus of October 9, 2014 No. 193-Z "About ratification of the Agreement on the Eurasian Economic Union", article 2 of the Law of the Republic of Belarus of December 11, 2017 No. 78-Z "About ratification 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" Council of Ministers of the Republic of Belarus DECIDES:

1. Approve:

The regulations on order of interaction of state bodies concerning voluntary approval of the Eurasian economic commission of specific subsidies, and also conducting the trial connected with provision by state members of the Eurasian Economic Union of specific subsidies (are applied);

The regulations on the notification procedure on provision of subsidies (including specific) concerning manufactured goods (are applied).

2. Determine the Ministry of Economics the body authorized on explanation of questions of application of the provisions approved by this resolution.

3. Declare invalid Item 1 of the resolution of Council of Ministers of the Republic of Belarus of March 18, 2015 No. 211 "About some questions of provision of industrial subsidies".

4. This resolution becomes effective after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of May 14, 2019 No. 298

Regulations on order of interaction of state bodies concerning voluntary approval of the Eurasian economic commission of specific subsidies, and also conducting the trial connected with provision by state members of the Eurasian Economic Union of specific subsidies

1. This Provision developed according to articles 93 and 105 of the Agreement on the Eurasian Economic Union of May 29, 2014 and 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), establishes order of interaction of the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus, regional executive committees, Minsk Gorispolkom (further - state bodies) on questions:

voluntary approval of the Eurasian economic commission (further - ECE) specific subsidies concerning manufactured goods (further - specific subsidies);

the analysis which is carried out by ECE regarding availability of threat of causing material damage of industry of national economy of state members of the Eurasian Economic Union (further - EEU) owing to provision by other state member of EEU of specific subsidy;

the trial conducted by ECE connected with provision by state members of EEU of specific subsidies.

2. The state bodies which are developers of the legal acts providing specific subsidies, independently taking into account the analysis of possible effects, being guided by articles 10 and 11 of the Agreement, make the decision on need (feasibility) of approval of ECE of provision of specific subsidies or on lack of such need (feasibility).

In case of decision making about need (feasibility) of such approval state bodies represent to the Ministry of Economics the draft statement about approval of specific subsidy in the form approved by the Decision of Council of ECE of December 20, 2017 No. 93 (further respectively - the statement for approval, the Solution No. 93).

If the approved specific subsidy does not fall under the criteria provided in article 10 of the Agreement and does not correspond to any of the criteria provided in article 11 of the Agreement, the state bodies which are developers of the legal acts providing specific subsidies represent to the Ministry of Economics the address containing information provided in Item 8 of 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 approved by the Decision of Council of ECE of December 20, 2017 No. 94 (further respectively - the address about carrying out the analysis, the Procedure).

3. The Ministry of Economics analyzes 2 this provision received according to parts two and third Item the draft statement about approval or the address about carrying out the analysis regarding compliance to the Decision No. 93 or the Procedure and within 10 working days from the date of their obtaining:

directs the application for approval or the appeal for carrying out the analysis to ECE in case of compliance to the Decision No. 93 or the Procedure;

requests at provided the draft statement about approval or the address about carrying out the analysis of state body the missing (specifying) data or the draft statement or the address on completion in case of need of their completion returns data.

The state body within 10 calendar days from the date of receipt of request or returned on completion of the draft statement about approval or addresses about carrying out the analysis represents to the Ministry of Economics the missing (specifying) data or finished the draft statement about approval or the address about carrying out the analysis.

4. In case of receipt from ECE:

4.1. notifications on the beginning of reconciliation procedure of the specific subsidy provided in the Republic of Belarus or on refusal in its carrying out the Ministry of Economics within five calendar days from the date of receipt of the notification informs on it the state body which provided according to Item part two 2 this provision the draft statement about approval;

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