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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 16, 2020 No. 522

About cases of admissibility of agreements between the business entities enabling production and (or) the realization of sugar of white and (or) beet raw sugar which subject is export of sugar of white and (or) beet raw sugar out of limits of customs area of the Eurasian Economic Union

According to part 2 of article 13 of the Federal law "About Protection of the Competition" Government of the Russian Federation decides:

1. Approve the enclosed general exceptions concerning agreements between the business entities enabling production and (or) the realization of sugar of white and (or) beet raw sugar which subject is export of sugar of white and (or) beet raw sugar out of limits of customs area of the Eurasian Economic Union.

2. Determine that the general exceptions approved by this resolution are effective within 5 years from the date of entry into force of this resolution.

3. During action of the general exceptions approved by this resolution, the Ministry of Agriculture of the Russian Federation proceeding from supply-demand balance of sugar of white and (or) beet raw sugar in the domestic market, annually, no later than August 1, determines for the next 12-month period the admissible total volume of export of sugar of white and beet raw sugar out of limits of customs area of the Eurasian Economic Union.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of April 16, 2020 No. 522

General exceptions concerning agreements between the business entities enabling production and (or) the realization of sugar of white and (or) beet raw sugar which subject is export of sugar of white and (or) beet raw sugar out of limits of customs area of the Eurasian Economic Union

1. This document is applied to agreements between the business entities enabling production and (or) the realization of sugar of white and (or) beet raw sugar which subject is export of sugar of white and (or) beet raw sugar out of limits of customs area of the Eurasian Economic Union (further - the agreement, agreement parties).

For the purposes of application of this document realization is understood as realization of sugar of the white or beet raw sugar made by the agreement party or person entering with it one group of persons.

2. The agreement is recognized admissible if the following compulsory provisions for ensuring the competition are in total satisfied:

a) the agreement, and also export volumes of sugar of white and (or) beet raw sugar planned within implementation of the agreement are previously approved with Federal Antimonopoly Service according to the procedure, the stipulated in Clause 35 Federal Laws "About Protection of the Competition";

b) the export volume of sugar of white and beet raw sugar assumed to export out of limits of customs area of the Eurasian Economic Union within implementation of the agreement in total with export volume of sugar of white and beet raw sugar out of limits of customs area of the Eurasian Economic Union performed by agreement parties independently during action of this document does not exceed the admissible total volume of export of sugar of white and beet raw sugar out of limits of customs area of the Eurasian Economic Union established by the Ministry of Agriculture of the Russian Federation;

c) the total volume of production of sugar of white and beet raw sugar by agreement parties taking into account production volumes of the specified products persons entering with them one group of persons during the term of the agreement constitutes at least 70 percent of general total volume of production of sugar of white and beet raw sugar in the territory of the Russian Federation;

d) during operation of the agreement the agreement parties or persons entering with them one group of persons realize at the Russian exchange regularly with uniform distribution on trading sessions of amounts of sugar of white and (or) beet raw sugar at least 10 percent of total amount by the made agreement parties and persons entering with them one group of persons, the specified products during operation of the agreement;

e) during operation of the agreement the agreement parties or persons entering with them one group of persons, or the faces authorized by specified persons within 3 working days after the conclusion them contracts and (or) contracts on realization of sugar of white and (or) beet raw sugar for export represent to Federal Antimonopoly Service the copies of the relevant documents certified in accordance with the established procedure, and also after shipment of sugar of white and (or) beet raw sugar - the copy of customs declarations;

e) during operation of the agreement agreement parties quarterly, no later than the 10th following the accounting period inform Federal Antimonopoly Service on production volumes and domestic sale by them and (or) persons entering with them one group of persons, sugar of the white and (or) beet raw sugar, and also about amounts realized at the Russian exchange of sugar of white and (or) beet raw sugar for the accounting period.

3. The following terms of agreement cannot be acknowledged admissible:

a) the conditions limiting possibility of the agreement parties or persons entering with them one group of persons independently to determine the price, amount and the territory of realization of sugar of white and (or) beet raw sugar in the domestic market;

b) the conditions providing reducing or the termination by the agreement parties or persons entering with them one group of persons, productions of sugar of white and (or) beet raw sugar;

c) the conditions providing refusal of the agreement parties or persons entering with them one group of persons of the conclusion of contracts with certain sellers or buyers;

d) the conditions limiting possibility of the agreement parties or persons entering with them one group of persons independently to perform export of sugar of white and (or) beet raw sugar, including in export regime, out of limits of customs area of the Russian Federation, and (or) conditions limiting possibility of the agreement parties or persons entering with them one group of persons independently to determine the price, amount and the territory of realization of sugar of white and (or) beet raw sugar when implementing their independent export, including in export regime, out of limits of customs area of the Russian Federation.

 

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