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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 3, 2021 No. 1910

About introduction of temporary quantitative restriction on export of separate types of fertilizers

(as amended on 21-05-2022)

For the purpose of ensuring food security of the Russian Federation according to the Federal Law "About Bases of State Regulation of Foreign Trade Activity" and the Agreement on the Eurasian Economic Union of May 29, 2014 (7) the Government of the Russian Federation decides appendix No.:

1. Establish:

a) from December 1, 2021 to May 31, 2022 inclusive quantitative restriction on export out of limits of the territory of the Russian Federation to the states which are not members of the Eurasian Economic Union (further - non-tariff quota), nitrogen fertilizers (codes 3102 10 100 0, 3102 10 900 0, 3102 30 100 0, 3102 30 900 0, 3102 50 000 0, 3102 60 000 0 and 3102 80 000 0 CN FEA EEU) of 5900000 tons and the fertilizers containing 2 or 3 nutritious elements - nitrogen, phosphorus and potassium (codes 3105 20 100 0, 3105 20 900 0, 3105 30 000 0, 3105 40 000 0, 3105 51 000 0 and 3105 59 000 0 CN FEA EEU), of 5350000 tons (further - fertilizers);

b) from February 1, 2022 to May 31, 2022 inclusive non-tariff quota for nitrogen fertilizers (codes 3102 10 100 0 and 3102 10 900 0 CN FEA EEU) of 280000 tons;

d) from the date of entry into force of the order of the Government of the Russian Federation of April 29, 2022 No. 779 "About modification of the order of the Government of the Russian Federation of November 3, 2021 No. 1910" till May 31, 2022 inclusive non-tariff quota for the fertilizers containing 2 or 3 nutritious elements - nitrogen, phosphorus and potassium (codes 3105 20 100 0, 3105 20 900 0, 3105 30 000 0, 3105 40 000 0 and 3105 59 000 0 CN FEA EEU), of 501000 tons;

e) from the date of entry into force of the order of the Government of the Russian Federation of May 21, 2022 No. 927 "About modification of the order of the Government of the Russian Federation of November 3, 2021 No. 1910" till May 31, 2022 inclusive non-tariff quota for nitrogen fertilizers (codes 3102 10 100 0, 3102 10 900 0, 3102 30 100 0, 3102 30 900 0 CN FEA EEU) of 485000 tons.

2. Determine that the non-tariff quotas specified in Item 1 of this resolution:

a) extend also to the fertilizers which are exported from customs area of the Eurasian Economic Union since December 1, 2021 and issued according to the customs procedures allowing export of fertilizers from customs area of the Eurasian Economic Union till December 1, 2021 including concerning fertilizers which customs declaring was performed with the features provided by Articles 115 and 116 of the Customs code of the Eurasian Economic Union or with the features established by the legislation of state members of the Eurasian Economic Union on customs regulation according to Item 8 of Article 104 of the Customs code of the Eurasian Economic Union, except for the fertilizers which are exported from the territory of the Russian Federation within the international transit carriages which are beginning and coming to an end outside the territory of the Russian Federation and also on the fertilizers occurring from the territory of the Russian Federation the territories of the Russian Federation moved between parts through the territories of foreign states;

b) do not extend to the fertilizers which are taken out to the Donetsk People's Republic, the Luhansk People's Republic, the Republic of Abkhazia and the Republic South Ossetia.

3. Determine that:

a) distribution of non-tariff quota is performed between participants of foreign trade activity, being the producers of fertilizers having the conclusion about confirmation of production of industrial output in the territory of the Russian Federation issued according to the order of the Government of the Russian Federation of July 17, 2015 to No. 719 "About confirmation of production of industrial output in the territory of the Russian Federation" or the legal entities authorized by them (further - participants of foreign trade activity);

b) use of non-tariff quota is performed based on the licenses granted by the Ministry of Industry and Trade of the Russian Federation according to the procedure, specified in the subitem "b" of item 4 of this resolution (further - the license). Effective period of the license is established from the date of its issue about day of the termination of effective period of non-tariff quota.

4. To the Ministry of Industry and Trade of the Russian Federation together with the Ministry of Agriculture of the Russian Federation to approve:

a) procedure of payments of amounts of non-tariff quota for the purpose of their distribution between participants of foreign trade activity, and also procedure for change of the specified amounts;

b) procedure for issue, suspension, response and cancellation of licenses.

5. Provide to the Ministry of Industry and Trade of the Russian Federation:

a) till November 25, 2021 distribution of the non-tariff quota specified in the subitem "an" of Item 1 of this resolution between participants of foreign trade activity;

b) till January 25, 2022 distribution of the non-tariff quota specified in the subitem "b" of Item 1 of this resolution between participants of foreign trade activity;

d) within 5 working days from the date of entry into force of the order of the Government of the Russian Federation of April 29, 2022 No. 779 "About modification of the order of the Government of the Russian Federation of November 3, 2021 No. 1910" distribution of the non-tariff quota specified in the subitem "g" of Item 1 of this resolution between participants of foreign trade activity;

e) within 5 working days from the date of entry into force of the order of the Government of the Russian Federation of May 21, 2022 No. 927 "About modification of the order of the Government of the Russian Federation of November 3, 2021 No. 1910" distribution of the non-tariff quota specified in the subitem "d" of Item 1 of this resolution between participants of foreign trade activity.

6. To the Federal Customs Service:

a) provide control of the room of fertilizers under customs procedure of export in the amount which is not exceeding amount of non-tariff quota according to the licenses granted by the Ministry of Industry and Trade of the Russian Federation;

b) allow departure of goods from the territory of the Russian Federation within effective period of the license granted by the Ministry of Industry and Trade of the Russian Federation;

c) not later than in 39 calendar days after the termination of each month under report (starting with the report for December, 2021) to provide in the Ministry of Industry and Trade of the Russian Federation data on amounts of the fertilizers exported from the Russian Federation in month under report and the accruing result since the beginning of year.

7. The realization of this resolution is enabled by the Ministry of Industry and Trade of the Russian Federation and the Federal Customs Service within the number of the workers and budgetary appropriations of the federal budget provided by it on management and management in the field of the established functions established by the Government of the limiting Russian Federation.

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