DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of November 1, 2022 No. 165

About approval of the Procedure for consideration by the Eurasian economic commission of the address of state member of the Eurasian Economic Union about disagreement with the solution of other state member on introduction or prolongation of term of the state price regulation, and also the address of state member on prolongation of term of the state price regulation which is earlier entered by it

According to Item 88 of the Protocol on the general principles and competition rules (appendix No. 19 to the Agreement on the Eurasian Economic Union of May 29, 2014) the Board of the Eurasian economic commission solved:

1. Approve the enclosed Procedure for consideration by the Eurasian economic commission of the address of state member of the Eurasian Economic Union about disagreement with the solution of other state member on introduction or prolongation of term of the state price regulation, and also the address of state member on prolongation of term of the state price regulation which is earlier entered by it.

2. Declare invalid Item 1 of the Decision of Board of the Eurasian economic commission of December 25, 2018 No. 221 "About approval of the Procedure for giving in the Eurasian economic commission of addresses of state members of the Eurasian Economic Union on the facts of introduction of the state price regulation, their consideration by the Eurasian economic commission and carrying out consultations and about recognition voided some decisions of Board of the Eurasian economic commission".

3. This Decision becomes effective after 30 calendar days from the date of its official publication, but not earlier than the date of entry into force of the Protocol on introduction of amendments to the Agreement on the Eurasian Economic Union of the May 29, 2014 signed on March 31, 2022.

Approved by the Decision of Board of the Eurasian economic commission of November 1, 2022, No. 165

Procedure for consideration by the Eurasian economic commission of the address of state member of the Eurasian Economic Union about disagreement with the solution of other state member on introduction or prolongation of term of the state price regulation, and also the address of state member on prolongation of term of the state price regulation which is earlier entered by it

I. General provisions

1. This Procedure is developed according to Item 88 of the Protocol on the general principles and competition rules (appendix No. 19 to the Agreement on the Eurasian Economic Union of May 29, 2014) (further - the Protocol).

The concepts used in this Procedure are applied in the values determined by the Protocol.

2. This Procedure determines:

a) rules of giving in the Eurasian economic commission (further - the Commission) state members of the Eurasian Economic Union (further - state members) addresses:

about disagreement with the solution of other state member on introduction or prolongation of term of the state price regulation (further - the address about disagreement);

about prolongation of term of the state price regulation which is earlier entered by state member (further - the address about prolongation);

b) rules and terms of consideration by the Commission of addresses about disagreement and the addresses about prolongation;

c) procedure for carrying out consultations by the Commission concerning the state price regulation.

3. This Procedure is not applied to the state price regulation of services, stipulated in Item 84 Protocols, and to goods, stipulated in Item 85 Protocols.

4. The state member notifies the Commission and other state members on introduction of the state price regulation provided by Items 81 - 82(2) Protocols, and also on prolongation of term of the state price regulation, stipulated in Item 82(3) Protocols, in time, not exceeding 7 calendar days from the date of adoption of the relevant decision.

II. Giving in the Commission of the address about disagreement or addresses about prolongation

5. The decision on submission of the address on disagreement or addresses about prolongation is accepted by state member.

6. The state member can send to the Commission the appeal about disagreement according to Item 86 of the Protocol.

If the appeal about disagreement is sent by state member to the Commission with violation of term, stipulated in Item 86 Protocols, the Commission leaves such address without consideration and notifies on it in writing the state member which directed it within 5 working days from receipt date of such appeal to the Commission.

7. The data testimonial of the fact that the objectives of introduction of the state price regulation can be achieved the different way having smaller negative consequences for competitive situation are provided in the address about disagreement and are specified:

a) data on the decision which enters the state price regulation or according to Item 82 (3) the Protocol the term of the state price regulation is prolonged;

b) data which, according to the state member which sent the appeal about disagreement specify that entered by other state member or according to Item 82 (the Protocol prolonged state price regulation gives 3) or can lead to restriction of the competition in the territory of this state member (analysis results or estimates of the market, materials of public authorities of state member, the appeal of business entities (subjects of the market));

c) the requirement about cancellation of the solution of state member which enters the state price regulation or according to Item 82 (3) the Protocol the term of the state price regulation is prolonged;

d) the list of documents (materials, data) attached to the address (in the presence).

8. Giving in the Commission of the address about disagreement does not suspend the solution of state member on introduction or prolongation of term of the state price regulation accepted according to Items 81 - 82(3) Protocols.

9. State member according to Items 82 (4) and 83 Protocols has the right to send to the Commission the appeal about prolongation not later than 35 calendar days before expected date of the prolongation of term of the state price regulation entered or extended based on Item 82 (2) or 82(3) Protocols respectively.

10. In the address about prolongation are specified:

a) data on the solution of state member on introduction of the state price regulation;

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