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DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of March 19, 2024 No. 24

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 - the Protocol), 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, considered case on non-presentation of data (information).

By results of consideration of case papers, based on provisions of the international treaties and acts incoming the right of the Eurasian Economic Union in the field of the competition, 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, being guided by the Calculation procedure and procedure for imposing of penalties, Board of the Commission of RESHILA:

1. Recognize:

a) failure to act of "Magnitogorsk Plant of Chemical Reagents" limited liability company (The Russian Federation, the Chelyabinsk Region, Magnitogorsk, st. of Kirov, 104, p. 2, PSRN 1167456057108, registration date - on February 9, 2016, TIN 7456030614) (further - MZHR LLC) and its CEO Gatin D. Sh., expressed in non-presentation by them during the period from March 13 to November 23, 2023 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;

b) lack of the bases for the termination of consideration of the case concerning persons specified in the subitem "an" of this Item.

2. According to the subitem 5 of Item 16 of the Protocol and the Calculation procedure and procedure for imposing of penalties to order to pay fines in the following size:

MZHR LLC - 433 333 Russian rubles 33 kopeks;

To Gatin D. Sh. - 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 penalty: 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 the Bank of Russia//Interregional operational UFK Moscow, bank account number 40102810045370000002, number of the treasury account 03100643000000019500, BIC 024501901, KBQ 16111615000010000140).

3. The commissions inform persons specified in the subitem "an" of Item 1 of this Decision on need:

a) according to the paragraph of Item 171 of the Calculation procedure and procedure for imposing of penalties to pay the second the penalties specified in Item 2 of this Decision, in complete size no later than 60 calendar days from the date of the introduction of this Decision in 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) according to Item 45 of the Procedure for hearing of cases on violation of general competition rules in the cross-border markets to notify the Commission on payment of the penalties specified in Item 2 of this Decision within 30 calendar days from expiry date, this Item provided by the subitem "a".

4. This Decision can be appealed in accordance with the established procedure in Court of the Eurasian Economic Union.

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

Chairman of Board of the Eurasian economic commission

B. Sagintayev

Appendix

to the Decision of Board of the Eurasian economic commission of March 19, 2024 No. 24

Descriptive and motivation speak rapidly Decisions of Board of the Eurasian economic commission of March 19, 2024 No. 24

According to the subitem 4 of Item 10 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) in connection with violation of provisions of Item 13 of the Protocol by the Eurasian economic commission (further - the Commission) determination of July 20, 2023 No. 59/opr initiates proceedings in the relation of "Magnitogorsk Plant of Chemical Reagents" limited liability company (further - MZHR LLC) (The Russian Federation, the Chelyabinsk Region, Magnitogorsk, st. of Kirov, 104, of p. 2, of PSRN 1167456057108, registration date - on February 9, 2016, TIN 7456030614) upon non-presentation of data (information) (further - case on non-presentation of data (information)) and the commission on its consideration in the following structure is assigned:

commission chairman on consideration of the case about non-presentation of data (information) Sushkevich A. G.;

vice-chairman of the commission on consideration of the case about non-presentation of data (information) Kaliyev A. A.;

members of the commission on consideration of the case about non-presentation of data (information) of Abdyldayev A. B., Korolkova O. S., Seytaliyev A. L. and Sumenkov S. S.

Persons who were involved in consideration of the case about non-presentation of data (information): representatives of authorized bodies of state members of the Eurasian Economic Union (further respectively - state members, the Union) whose competence includes realization and (or) carrying out competition (anti-monopoly) policy, - Alimbekova A. Zh., Velter Yu. V., A.V., Petrushin Ya. A. War., Kerimbayeva A. S. and Sklyarova Ya. V.

Due to the need of receipt of additional data (information) for decision making the term of consideration of the case about non-presentation of data (information) is extended for 60 working days about what determination of October 4, 2023 is taken out No. 63/opr.

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