RESOLUTION OF THE MINISTRY OF ANTI-MONOPOLY REGULATION AND TRADE OF THE REPUBLIC OF BELARUS

of January 31, 2022 No. 11

About approval of regulations of ministerial procedures in the field of counteraction of monopolistic activities and development of the competition

Based on the paragraph of third of article 9-1 of the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures", the paragraph of the thirty sixth of article 11 of the Law of the Republic of Belarus of December 16, 2002 No. 162-Z "About natural monopolies", item 4 of Article 22, of Item 3 of Article 33, of Item 3 of Article 34, of Item 3 of article 35 of the Law of the Republic of Belarus of December 12, 2013 No. 94-Z "About counteraction of monopolistic activities and development of the competition", subitem 6.49 of Item 6 of the Regulations on the Ministry of the anti-monopoly regulation and trade of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of September 6, 2016 No. 702, the Ministry of anti-monopoly regulation and trade of the Republic of Belarus DECIDES:

1. Approve:

The regulations of the ministerial procedure performed concerning subjects of managing according to the subitem * 2.3.1 "Receipt of the document on draft agreement compliance to requirements of the antitrust law" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.8.1 "Receipt of the document on consent to reorganization of business entities – legal entities in the form of merge or accession, creation of association, union, national association" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.8.2 "Receipt of the document on consent to creation of the commercial organization" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.8.3 "Receipt of the document on consent to creation of holding, inclusion of business entity – the legal entity in the list of members of holding" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.8.4 "Receipt of the document on consent to acquisition of voting shares (share in authorized funds) of business entity" (are attached);

Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.8.5 "Receipt of the document on consent to acquisition of rights: giving opportunity to exert impact on decision making by the business entity holding dominant position; allowing to give instructions, obligatory for execution, to other business entity – to the individual entrepreneur or the commercial organization when implementing of business activity by them or to perform functions of executive body of the commercial organization" it (is applied);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.8.6 "Receipt of the document on consent to the conclusion between business entities – the individual entrepreneurs, the commercial organizations who are competitors agreements of particular partnership (cooperation agreement) in the territory of the Republic of Belarus" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.8.7 "Receipt of the document on consent to obtaining in property, use or in ownership, including based on the agreement of finance lease (leasing), business entity of the property which is in the territory of the Republic of Belarus which is fixed assets and (or) intangible assets of the commercial organization" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.8.8 "Receipt of the document on consent to acquisition of right of participation of the same business entity, the same physical person who is not belonging to business entities in executive bodies, Boards of Directors (supervisory boards) or other governing bodies of two and more business entities performing activities in the market of interchangeable (similar) goods in the presence of possibility of such business entity, such physical person which is not belonging to business entities to determine conditions of conducting business activity by these business entities" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.9.1 "Receipt of the document on consent to reorganization of the business entities holding dominant position in the form of transformation to joint-stock companies" (are attached);

The regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.10.1 "Receipt of the document on consent to the transaction made by the subject of natural monopoly" (are attached).

______________________________

* For the purposes of this resolution the subitem is understood as the subitem of Item of the single list of the ministerial procedures performed concerning subjects of the managing approved by the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548.

2. Recognize invalid:

the resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of January 3, 2018 No. 1 "About approval of the Instruction about procedure for consideration of the applications, documents and (or) data on consent for reorganization of business entities, creation of the commercial organizations and associations of business entities";

the resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of January 3, 2018 No. 2 "About approval of the Instruction about procedure for consideration of the applications, documents and (or) data on consent for transactions with shares (shares in authorized funds) of business entities".

3. This resolution becomes effective since March 27, 2022.

Minister

A. I. Bogdanov

It is approved Ministry of Economics of the Republic of Belarus

 

Approved by the Resolution of the Ministry of anti-monopoly regulation and trade of the Republic of Belarus of January 31, 2022, No. 11

Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.3.1 "Receipt of the document on draft agreement compliance to requirements of the antitrust law"

1. Features of implementation of ministerial procedure:

1.1. the name of authorized body (jurisdiction of ministerial procedure) – the Ministry of anti-monopoly regulation and trade;

1.2. the regulatory legal acts, the international agreements of the Republic of Belarus, the international legal acts containing the obligations of the Republic of Belarus regulating procedure of ministerial procedure:

The law of the Republic of Belarus "About bases of ministerial procedures";

The law of the Republic of Belarus "About counteraction of monopolistic activities and development of the competition";

the resolution of Council of Ministers of the Republic of Belarus of September 24, 2021 No. 548 "About the ministerial procedures performed concerning subjects of managing";

1.3. other available features of implementation of ministerial procedure: appeal of the executive decision is performed judicially.

2. The documents and (or) data necessary for implementation of ministerial procedure represented by the interested person:

Name of the document and (or) data	Requirements imposed to the document and (or) data	Form and procedure for submission of the document and (or) data	Need of legalization of the document (putting down of apostille)
the statement for issue of the document on draft agreement compliance to requirements of the antitrust law (further, unless otherwise specified, – the statement)	in form according to appendix 1	in writing: during acceptance of the interested person; by means of mail service; courier (courier)
data on types of activity, types of goods (works, services): each of the business entities intending to sign the agreement; each of persons entering one group of persons with each of the business entities intending to sign the agreement when implementing of activities by them in the market of interchangeable (similar) goods, works, services	in form according to appendix 2
information about persons entering one group of persons with each of the business entities intending to sign the agreement	in form according to appendix 3
draft agreement
business entities – nonresidents of the Republic of Belarus in addition are represented:
the statement from the trade register of the country of organization or other equivalent proof of legal position of the foreign organization according to the legislation of the country of its organization;	the statement shall be: it is dated no later than one year about day of filing of application; it is accompanied by transfer on Belarusian or Russian, at the same time fidelity of transfer or authenticity of the signature of the translator it shall be attested notarially		legalization is required
the document confirming state registration of branch, representation (in the presence of the branches registered in the Republic of Belarus, representations)

In case of filing of application the authorized body has the right to demand from the interested person the documents provided in paragraphs the second or seventh part one of Item 2 of article 15 of the Law of the Republic of Belarus "About bases of ministerial procedures".

3. Data on the reference or other document issued (accepted, approved, approved) authorized body by results of implementation of ministerial procedure:

Name of the document	Effective period	Representation form
decision on draft agreement compliance to requirements of the antitrust law	it is termless	written

Appendix 1

to Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.3.1 "Receipt of the document on draft agreement compliance to requirements of the antitrust law"

Form

Ministry of anti-monopoly regulation and trade of the Republic of Belarus

Statement for issue of the document on draft agreement compliance to requirements of the antitrust law

________________________________________________________________

(the name, surname, name, middle name (if that is available) the addressed person)

1. Based on article 22 of the Law of the Republic of Belarus "About counteraction of monopolistic activities and development of the competition" we ask to issue the document on draft agreement compliance between ________________________________________

                                                                                                          (agreement parties)

to requirements of the antitrust law.

2. The information about persons intending to conclude soglasheniye*:

2.1. the name of the legal entity (surname, own name, middle name (if that is available) the individual entrepreneur):

complete _________________________________________________________________;

reduced ____________________________________________________________;

2.2. location of the legal entity (residence of the individual entrepreneur)

____________________________________________________________;

2.3. postal address ______________________________________________________;

2.4. settlement account ¹_____________________________________________________

in ___________________________________________________________________________,

                                 (bank name, branch)

bank identification code (bank code) ________________________________/code interfilial turnover of bank

_____________________________________________.

3. Reasons for compliance of the agreement to the criteria of admissibility of agreements established by the antitrust law

___________________________ ____________________________________________________________________________.

4. Reasons for feasibility of agreement signature, including economic case of the agreement with indication of the purpose of the agreement, the expected results concerning each business entity intending to sign the agreement and concerning other subjects of the market who are not participating in the agreement

____________________________________________________________________________.

5. The information about the main consumers, suppliers of raw materials (materials) and component parts necessary for production of goods (works, services), each of the business entities intending to sign the agreement _______________

____________________________________________________________________________.

6. The information about prime vendors of goods (works, services) delivered on the same goods markets on which deliver goods (works, services) the business entities intending to sign the agreement ________________________________

____________________________________________________________________________.

Head of the legal entity (individual entrepreneur) or person authorized by it:
(employee's position)		(initials, surname)		(signature)

Contractor:

(employee's position)		(initials, surname)		(contact telephone number and e-mail address (in the presence)

______________________________

* Concerning all persons intending to sign the agreement.

Appendix 2

to Regulations of the ministerial procedure performed concerning subjects of managing according to subitem 2.3.1 "Receipt of the document on draft agreement compliance to requirements of the antitrust law"

Form

Data on types of activity, types of goods (works, services)

_________________________________________________________________________________________________________

(full name of the legal entity, surname, own name, middle name (if that is available) the individual entrepreneur)

for _______________________________________________________________________________________________________

(the calendar year preceding year of filing of application and the accounting period since the beginning of year of filing of application)

№ payment order

Types of activity *

Description of goods (works, services)

Code **

Goods production volume (works, services)

Goods export volume (works, services)

The scope of supply of goods (work, service) in the goods market _________________________________ (Republic of Belarus, areas (Minsk)

Share of business entity in the goods market of the Republic of Belarus (areas (Minsk) (%) ***

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