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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 2, 2022 No. 861

About approval of procedures for confirmation of extent of localization of production of goods and carrying out monitoring of observance of requirements for extent of localization of production of the objects of purchase brought in the inventory, which are purchase subject with the confirmed extent of localization of production

According to the subitem 1 of Item 6-1 of the Section X "Final and transitional provisions" of the Law of Ukraine "About public purchases" the Cabinet of Ministers of Ukraine decides:

Approve enclosed:

Procedure for confirmation of extent of localization of production of goods;

Procedure for carrying out monitoring of observance of requirements for extent of localization of production of the objects of purchase brought in the inventory, which are purchase subject with the confirmed extent of localization of production.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 2, 2022, No. 861

Procedure for confirmation of extent of localization of production of goods

1. This Procedure establishes the mechanism of confirmation of extent of localization of production of the goods which are subject of purchase and determined by the subitem 2 of Item 6-1 of the Section X "Final and transitional provisions" of the Law of Ukraine "About public purchases" (further - the Law) and the additional inventory which affirms the Cabinet of Ministers of Ukraine according to the subitem 3 of Item 6-1 of the Section X "Final and transitional provisions" of the Law.

2. In this Procedure terms are used in the value given in the Law.

3. Action of this Procedure is not applied to purchases of goods which cost is equal or exceeds the amounts specified in the Agreement on public procurements signed on April 15, 1994 in Marrakech with the changes made by the Protocol on introduction of amendments to the Agreement on public procurements made on March 30, 2012 in Geneva, and also regulations on public procurements of other international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, in particular, free-trade agreements, in hryvnia equivalent for date of purchase and which country of source are the countries with which Ukraine signed such agreements, and the countries which are agreement parties about public procurements which Ukraine joined according to the Law of Ukraine "About accession of Ukraine to the Agreement on public procurements" that is confirmed by the certificate of origin.

The list of the countries with which free-trade agreements, and also the list of the countries which are agreement parties about public procurements, which Ukraine joined according to the Law of Ukraine "About accession of Ukraine to the Agreement on public procurements" are signed is published on the official website of Ministry of Economics.

4. The extent of localization of production of goods which is purchase subject (further - extent of localization), is confirmed by Ministry of Economics in the automatic mode when forming the inventory which is purchase subject with the confirmed extent of localization of production (further - the list), based on the application submitted by the producer of goods about inclusion of goods in the list (further - the request) in form according to appendix 1 and such documents:

1) calculations of cost of goods with indication of customs value of the imported components (imported by the producer and/or acquired at suppliers who are residents of Ukraine) (further - calculation of cost of goods) in form according to appendix 2 in the current year;

2) confirmation of implementation in the territory of Ukraine productions at least one of goods elements (in particular nodes, aggregates, details and components) and/or uses of the nodes, aggregates, details and components manufactured in the territory of Ukraine;

3) copies of documents in the PDF format:

the certificate of conformity of quality management system in production to requirements of DSTU ISO 9001:2015 or DSTU EN ISO 9001:2018 (EN ISO 9001:2015, IDT; ISO 9001:2015, IDT), or national standards which they are replaced, issued by the conformity assessment body accredited according to the legislation;

for producers of wheel vehicles - the certificate like the equipment (or the certificate like the vehicle) or the certificate of conformity of vehicles or the equipment, or the certificate of conformity on individual approval in which the location of the producer of the wheel vehicle in Ukraine issued by certification body for individual approval of wheel vehicles, batches of parts and the equipment which according to the legislation is appointed by the Ministry of Infrastructure, or certificates on assignment of the international identification code of producer (WMI) that is included into structure of identification number of the wheel vehicle (VIN) issued by the national organization of Ukraine authorized on conducting registration and assignment of the international identification code of producer (WMI) is specified;

the filled form of the state statistical observation No. 1P-NPP (annual) "The report on production and realization of the industrial output" determined by Gosstat with information for the previous accounting year.

5. Goods which correspond to extent of the localization determined in the subitem 1 of Item 6-1 of the Section X "Final and transitional provisions" of the Law, or extent of the localization provided by the additional inventory which affirms the Cabinet of Ministers of Ukraine according to the subitem 3 of Item 6-1 of the Section X "Final and transitional provisions" of the Law are included in the list in case:

there is design-technology documentation and/or the intellectual property right on the goods which are purchase subject that is reflected in balance is registered;

in the territory of Ukraine at least one of elements of such goods is made (in particular, nodes, aggregates, details and components) and/or for production nodes, aggregates, details and components manufactured in the territory of Ukraine are used;

producers of goods perform their guarantee and after-guarantee maintenance;

producers of goods have the certificate of conformity of quality management system in production to requirements of DSTU ISO 9001:2015 or DSTU ENISO 9001:2018 (ENISO 9001:2015, IDT; ISO 9001:2015, IDT), or national standards which they are replaced, issued by the conformity assessment body accredited according to the legislation;

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