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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of May 27, 2023 No. 822

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

(as amended of the Order of the Government of the Russian Federation of 14.11.2023 No. 1907)

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. Set quantitative restrictions on export out of limits of the territory of the Russian Federation to the states which are not members of the Eurasian Economic Union, fertilizers mineral or chemical (further respectively - non-tariff quotas, fertilizers):

a) from June 1 to November 30, 2023 inclusive of 16329278 tons, from them by codes of the CN FEA EEU 3102 10 100 0, 3102 10 900 0, 3102 80 000 0, 3102 30 100 0 and 3102 30 900 0 of 10659465 tons, by codes of the CN FEA EEU 3105 20 100 0, 3105 20 900 0, 3105 40 000 0 and 3105 59 000 0 of 5669813 tons;

b) from the date of entry into force of the order of the Government of the Russian Federation of November 14, 2023 No. 1907 "About modification of the order of the Government of the Russian Federation of May 27, 2023 No. 822" till November 30, 2023 inclusive of 2209559 tons, from them by codes of the CN FEA EEU 3102 10 100 0, 3102 10 900 0, 3102 80 000 0, 3102 30 100 0 and 3102 30 900 0 in volume of 819481 tons, by codes of the CN FEA EEU 3105 20 100 0, 3105 20 900 0, 3105 40 000 0 and 3105 59 000 0 of 1390078 tons.

2. Determine that non-tariff quotas:

a) extend also to the fertilizers which are exported from customs area of the Eurasian Economic Union since June 1, 2023, declared and issued according to customs procedures;

b) do not extend:

on 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 about the territories of the Russian Federation moved between parts of the territory of the Russian Federation through the territories of foreign states;

on the fertilizers which are taken out to the Republic of Abkhazia and the Republic South Ossetia;

on liquid - reducers of AUS 32 and AUS nitrogen oxides 40, the CN FEA EEU classified by codes 3102 10 100 0 and 3102 10 900 0, exported based on the permission issued by the Ministry of Industry and Trade of the Russian Federation in the procedure established by it;

on the fertilizers issued according to the customs procedures allowing their export from customs area of the Eurasian Economic Union based on the licenses granted by the Ministry of Industry and Trade of the Russian Federation according to the order of the Government of the Russian Federation of December 20, 2022 No. 2353 "About introduction of temporary quantitative restriction on export of separate types of fertilizers", in the presence of the loading order on the ocean ship or accepted by Russian Railways open joint stock company to transportation till June 1, 2023.

3. Determine that according to provisions of Items 3 - 5 parts 6 of article 102 of the Federal law "About Customs Regulation in the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation" of restriction on application of temporary periodic customs declaring do not extend to fertilizers when exporting such goods based on the licenses granted by the Ministry of Industry and Trade of the Russian Federation.

4. Determine that:

a) distribution of non-tariff quotas 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 between authorized producers of fertilizers the legal entities (further - participants of foreign trade activity) having the approved trade and sales policy approved by the participant of foreign trade activity with Federal Antimonopoly Service and posted on the official site of the participant of foreign trade activity on the Internet;

taking into account the amounts established in the plan of acquisition of fertilizers by the agricultural producers and organizations performing production of compound feeds approved by the Ministry of Agriculture of the Russian Federation in coordination with the Ministry of Industry and Trade of the Russian Federation (in physical weight);

b) use of non-tariff quotas is performed based on the licenses granted by the Ministry of Industry and Trade of the Russian Federation according to Rules of issue of licenses and import permits and (or) commodity import (appendix to the Protocol on measures of non-tariff regulation concerning the third countries which is appendix No. 7 to the Agreement on the Eurasian Economic Union of May 29, 2014) according to the procedure specified in the subitem "b" of Item 5 of this resolution (further - the licenses granted according to Rules of issue of licenses). Effective period of the licenses granted according to Rules of issue of licenses is established from the date of their issue, but not earlier than since June 1, 2023.

5. To the Ministry of Industry and Trade of the Russian Federation in coordination with the Ministry of Agriculture of the Russian Federation till May 25, 2023 to approve:

a) procedure of payments of amounts of non-tariff quotas 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 and termination of the licenses granted according to Rules of issue of licenses.

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

a) till May 29, 2023 distribution of the non-tariff quotas specified in the subitem "an" of Item 1 of this resolution between participants of foreign trade activity;

b) within 5 working days from the date of entry into force of the order of the Government of the Russian Federation of November 14, 2023 No. 1907 "About modification of the order of the Government of the Russian Federation of May 27, 2023 No. 822" distribution of the non-tariff quotas specified in the subitem "b" of Item 1 of this resolution between participants of foreign trade activity.

7. To Federal Antimonopoly Service:

a) provide to participants of foreign trade activity of explanation concerning application of methodical recommendations about development trade and sales the politician, the nitrogen and nitrogen-containing fertilizers providing realization approved by Federal Antimonopoly Service including by determination in trade and sales politicians of procedure for pricing for consumers of fertilizers, conditions of provision and the sizes of discounts (allowances, surcharges) to the price;

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