of September 19, 2023 No. 142
About imposing of penalties for non-presentation of data (information)
The board of the Eurasian economic commission (further - the Commission) according to the subitem 5 of Item 16 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 respectively - the Protocol, the Agreement), Item 17 of the Calculation procedure and procedure for imposing of penalties for violation of general competition rules in the cross-border markets approved by the Decision of Council of the Eurasian economic commission of December 17, 2012 No. 118 (further - the Calculation procedure and procedure for imposing of penalties), Items 44 and 45 of the Procedure for the hearing of cases on violation of general competition rules in the cross-border markets approved by the Decision of Council of the Eurasian economic commission of November 23, 2012 No. 99 (further - the Procedure for hearing of cases), considered case on non-presentation of the data (information) requested by the Commission in letters of September 2, 2022 No. 22-454 and of September 28, 2022 No. 22-556.
By results of consideration of case papers, based on provisions of the international treaties and acts in the field of the competition incoming the right of the Eurasian Economic Union, having studied the actual circumstances of case in point and outputs of the commission on consideration of the case provided in descriptive and motivation parts of this Decision according to appendix, the Board of the Commission solved:
1. Recognize lack of the bases for the termination of consideration of the case.
2. Recognize actions (failure to act) of Turin Pulp-and-paper Plant joint-stock company (The Russian Federation, the Sverdlovsk Region, district Turin, Turinsk, Ulitsa Dzerzhinskogo, 2, PSRN 1026602268560, registration date - on October 30, 2002, TIN 6656000051) (further - JSC Turinsky TsBZ), limited liability companies "TURA managing company (The Russian Federation, Perm Krai, Perm, Ulitsa Monastyrskaya, 43, PSRN 1165958079121, registration date - on May 10, 2016, TIN 5902036371) (further - UK TURA LLC), and also being during the period from September 2, 2022 to October 18, 2022 the CEO of UK TURA LLC of Rusakov D. S., expressed in non-presentation of data (information) at the request of the Commission, violation of provisions of Item 13 of the Protocol, responsibility for which is provided by the subitem 5 of Item 16 of the Protocol.
3. According to the subitem 5 of Item 16 of the Protocol and the Calculation procedure and procedure for imposing of penalties taking into account availability of the circumstances mitigating responsibility (non-presentation for the first time by the legal entity recognized by the Commission according to the Procedure for hearing of cases which did not provide to the Commission of the data (information), Agreements provided by the Section XVIII and the Protocol including which did not provide the data (information) upon the demand of the Commission), and lack of the circumstances aggravating responsibility to order to pay fines in the following size:
JSC Turinsky TsBZ - 433 333 Russian rubles 33 kopeks;
UK TURA LLC - 433 333 Russian rubles 33 kopeks;
To Rusakov D. S. - 26 641 Russian rubles of 67 kopeks.
The fines which are ordered to pay by this Decision are subject to payment according to the procedure, established by Items 17 and 18 of the Protocol (bank details for payment of penalties: the receiver - TIN 7703516539, the check point 770301001, Interregional operational UFK (for FAS Russia of p/a 04951001610), the All-Russian Classifier of Territories of Municipal Units 45380000, payee bank - Operations department of Bank of Russia / Interregional operational UFK Moscow, bank account number 40102810045370000002, number of the treasury account 03100643000000019500, BIC 024501901, KBQ 16111615000010000140).
4. Oblige JSC Turinsky TsBZ and UK TURA LLC within 30 calendar days from the date of the introduction of this Decision in force to provide to the Commission of the data (information), requested in letters of September 2, 2022 No. 22-454 and of September 28, 2022 No. 22-556, according to the procedure, established by these letters.
5. The commissions inform persons specified in Item 2 of this Decision on need:
a) according to the paragraph of Item 17.1 of the Calculation procedure and procedure for imposing of penalties to pay the second penalties, stipulated in Item 16 Protocols, in complete size no later than 60 calendar days from the date of the introduction of this Decision to force. In case of failure to pay penalties in the specified time the Commission takes the measures directed to forced execution of this Decision according to Item 18 of the Calculation procedure and procedure for imposing of penalties;
b) notify the Commission according to Item 45 of the Procedure for hearing of cases on payment of the penalties specified in Item 3 of this Decision, within 30 calendar days from expiry date, this Item provided by the subitem "a".
6. This Decision can be appealed in accordance with the established procedure in Court of the Eurasian Economic Union.
7. This Decision becomes effective after 30 calendar days from the date of its official publication.
Chairman of Board of the Eurasian economic commission
M. Myasnikovich
to the Decision of Board of the Eurasian economic commission of September 19, 2023 No. 142
Descriptive and motivation speak rapidly Decisions of Board of the Eurasian economic commission of September 19, 2023 No. 142
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