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DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of December 12, 2023 No. 151

About approval of the Procedure for discharge in case of the voluntary statement for the conclusion by business entity (the subject of the market) of the agreement, inadmissible according to Items 3 - the 5th article 76 of the Agreement on the Eurasian Economic Union of May 29, 2014, and it is equal about participation in it

According to Item 11 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) and Item 157 of appendix No. 1 to the Regulations of work of the Eurasian economic commission approved by the Decision of the Supreme Eurasian economic council of December 23, 2014 No. 98, Council of the Eurasian economic commission DECIDED:

1. Approve the enclosed Procedure for discharge in case of the voluntary statement for the conclusion as business entity (the subject of the market) of the agreement, inadmissible according to Items 3 - the 5th article 76 of the Agreement on the Eurasian Economic Union of May 29, 2014, and it is equal about participation in it.

2. This Decision becomes effective after 30 calendar days from the date of its official publication.

Members of council of the Eurasian economic commission:

From the Republic of Armenia

M. Grigoryan

From the Republic of Belarus

 

I. Petrishenko

From the Republic of Kazakhstan

 

S. Zhumangarin

From the Kyrgyz Republic

A. Kasymaliyev

From the Russian Federation

A. Overchuk

 

Approved by the Decision of Council of the Eurasian economic commission of December 12, 2023, No. 151

Procedure for discharge in case of the voluntary statement for the conclusion by business entity (the subject of the market) of the agreement, inadmissible according to Items 3 - the 5th article 76 of the Agreement on the Eurasian Economic Union of May 29, 2014, and it is equal about participation in it

I. General provisions

1. This Procedure is developed for the purpose of realization of Item 19 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).

2. This Procedure determines rules of giving in the Eurasian economic commission (further - the Commission) statements for the conclusion business entities (subjects of the market) of agreements, inadmissible according to Items 3 - the 5th article 76 of the Agreement on the Eurasian Economic Union of May 29, 2014 (further - the prohibited agreements), and is equal about participation in the prohibited agreements for the purpose of discharge, provided by the subitem 2 of Item 16 of the Protocol.

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

II. Bases for release of business entities (subjects of the market) from responsibility

3. Business entity (the subject of the market) or the physical person including entering one group of persons according to the subitem 5 of Item 2 of the Protocol (further - the applicant) having the right to submit to the Commission the application for the conclusion them the prohibited agreement, and it is equal about participation in the prohibited agreement with the purpose of discharge provided by the subitem 2 of Item 16 of the Protocol (further - the statement), on condition of accomplishment by each person including entering one group of persons, who filed in the Commission petition, all conditions, stipulated in Item 19 Protocols.

4. The applicant can confirm the refusal of participation or further participation in the prohibited agreement:

a) the supplementary agreements to agreements excluding the conditions limiting the competition;

b) the documents confirming termination of earlier signed prohibited agreements;

c) other information confirming refusal of the applicant of participation or further participation in the prohibited agreement.

III. Rules of filing of application in the Commission and considerations of the statement by the Commission

5. The applicant has the right to submit in the Commission the application before adoption of the decision by Board of the Commission on the corresponding case on violation of general competition rules.

Date of filing of application in the Commission date when the statement is transferred to the organization of mail service is considered or is direct in the Commission.

The application is submitted by the applicant to the Commission in writing according to the procedure, provided by this Section.

The statement and the materials (documents, information) attached to it are registered in electronic document management system of the Commission according to Operating procedure Item 17 with documents of the limited distribution (confidential and for office use) in the Eurasian economic commission approved by the Decision of Council of the Eurasian economic commission of September 18, 2014 No. 71 (further - the Operating procedure with documents of limited distribution).

6. The statement, and also the materials (documents, information) attached to it are represented to the Commission in Russian. If materials (documents, information) are constituted in other state language of state member of the Eurasian Economic Union (further - state member) or foreign language, translation into Russian certified by the method specified in Item 10 of this Procedure shall be applied to them.

7. The statement shall contain:

a) information about the applicant:

for physical person (individual entrepreneur) - surname, name, middle name (in the presence), the residence (the place of stay), place of employment (in the presence) (for the official - also position, the name and the location of business entity), contact information (phone number, the e-mail address, number of the fax (in the presence));

for the legal entity - full name and the location, contact information (phone number, the e-mail address, number of the fax (in the presence));

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