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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 22, 2024 No. 323

About approval of criteria for evaluation of admissibility of government assistance to subjects of managing which activities are connected with use of objects of port infrastructure

According to the Item 3 "with" of Article 262, Item 1 of article 267 of the Agreement on association between Ukraine, on the one hand, and the European Union, European Atomic Energy Community and their state members, on the other hand, of Item 3 parts one and parts two of article 6 of the Law of Ukraine "About government assistance to subjects of managing" the Cabinet of Ministers of Ukraine decides:

Approve criteria for evaluation of admissibility of government assistance to subjects of managing which activities are connected with use of the added objects of port infrastructure.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 22, 2024 No. 323

Criteria for evaluation of admissibility of government assistance to subjects of managing which activities are connected with use of objects of port infrastructure

1. These criteria are applied to evaluating admissibility of the government assistance provided to subjects of managing for the purpose of assistance of the economic activity connected with use of objects of port infrastructure (further - government assistance), and establish conditions under which such government assistance is admissible for the competition.

2. In these criteria terms are used in the following value:

infrastructure of port - hydraulic engineering constructions of seaports, hydraulic engineering constructions of inland waterways (except approach channels / internal approach passages, navigation canals, operational water areas of moorings / berthing facilities, the ship course, locks), infrastructure for collection of the ship-generated garbage and remaining balance of loads (including specialized freighters) and the infrastructure of gas station and recharge in ports providing vehicles, the mobile terminal equipment and mobile ground equipment with the electric power, hydrogen, ammonia and methanol;

infrastructure of access to infrastructure of port - railway and automobile sidings, approach channels / internal approach passages, navigation canals, operational water areas of moorings / berthing facilities, the ship course and locks necessary for ensuring access to and entrance on the territory of sea or river port (terminal) or in port of users;

operational dredging work on mitigation of consequences of zanosimost, withdrawal of the deposits from soil located over the set level of project bottom in water areas of seaports on the ship courses of waterways, operational water areas of berthing facilities, navigation canals for the purpose of ensuring the announced depths of water areas of the seaports guaranteed navigation, passport dimensions of the ship course (waterway), operational water areas of berthing facilities, navigation canal;

admissible expenses lists of expenses which can be compensated to receivers of government assistance;

the objects of port infrastructure objects entering infrastructure of port and infrastructure of access to infrastructure of port;

operational profit difference between the income and operating expenses brought into accord with their size at the time of provision of government assistance (during effective period of investing program) if this difference is positive. Operating expenses include expenses on compensation and charges on the salary, objects, materials, the equipment and stock, lease, payment of utilities and energy carriers, fee (except utility), administrative expenses without depreciation expenses and other expenses which were covered by the investment help, other current expenses which are directly connected with content and servicing of port infrastructure;

port superstructure - land constructions (in particular for storage), fixed equipment (in particular warehouses and buildings of terminals), and also mobile equipment (in particular cranes), located in port for provision of the port services connected with transport;

infrastructure for collection of the ship-generated garbage and remaining balance of loads - stationary, floating or portable port objects, in particular the specialized freighters capable to accept the ship-generated garbage or remaining balance of loads according to the Directive of the European parliament and Council (EU) 2019/883 of April 17, 2019 about the dockside receiving facility for delivery of waste from courts, about modification of the Directive 2010/65/EU and about cancellation of the Directive 2000/59/EU.

Other terms are used in the value given in the Economic code of Ukraine, the Maritime Code of Ukraine, the Laws of Ukraine "About government assistance to subjects of managing", "About protection of the economic competition", "About inland water transport", "About seaports of Ukraine", the resolution of the Cabinet of Ministers of Ukraine of January 31, 2018 No. 36 "About approval of criteria for evaluation of admissibility of government assistance on recovery of solvency and restructuring of subjects of managing" (The Official Bulletin of Ukraine, 2018, No. 14, the Art. 473).

3. These criteria are not applied to the help:

1) that is provided on export activities which are directly connected with export volume (in particular with preserving or increase in such amount), with the creation and functioning of distributor network or other current expenses connected with export activities;

2) if its provision is caused by accomplishment by the receiver of the state help - the foreign subject of managing of the mandatory requirement to have the main office in the territory of Ukraine; the requirement to have branch and/or representation in the territory of Ukraine on the date of receipt of government assistance in the order is allowed;

3) if its provision depends on the obligation of the receiver of government assistance to use goods (works, services) national production;

4) that is provided to subject of managing which did not execute the decision of authorized body concerning government assistance about return of illegal government assistance, acknowledged inadmissible for the competition (in case of availability of such decision), according to the procedure, stipulated by the legislation about government assistance to subjects of managing.

4. The government assistance is provided to subjects of managing which activities are connected with use of objects of port infrastructure in any form determined by the Law of Ukraine "About government assistance to subjects of managing".

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