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Registered by

in Ministry of Justice

Russian Federation

On October 16, 2008 No. 12465

ORDER OF THE MINISTRY OF INDUSTRY AND TRADE OF THE RUSSIAN FEDERATION

of September 25, 2008 No. 159

About ensuring work in the Ministry of implementation of the Agreement between the Russian Federation and the European community about trade in some products from steel

In pursuance of the order of the Government of the Russian Federation of December 15, 2007 N 880 "About measures for implementation of the Agreement between the Russian Federation and the European community about trade in some products from steel" (in edition of the order of the Government of the Russian Federation of June 7, 2008 N 441) (The Russian Federation Code, 2007, N 52, Art. 6463; 2008, N 24, to the Art. 2869), and also taking into account requirements of the Agreement between the Russian Federation and the European community about trade in some products from steel (further - the Agreement) and for the purpose of providing the organization of work in the Ministry of implementation of the Agreement I order:

1. Approve the enclosed Technique of distribution of export restrictions for metal products (further - the Technique).

2. To department of key branches of the industry (V. V. Semenov) according to the Technique to perform distribution of quantitative restrictions (quotas) for export of metal products and to provide information on their distribution in Department of state regulation of foreign trade activity (A.M. Miller) and to the companies participating in implementation of the Agreement.

3. To provide to department of key branches of the industry (V. V. Semenov) implementation of approval of redistribution (exchange) of quotas between the companies - owners of quotas.

4. Consider not the Ministry of Industry and Energy of Russia which is subject to application the order of January 25, 2008 N 28 "About approval of the Technique of distribution of export restrictions for metal products" (it is registered by the Ministry of Justice of the Russian Federation on February 11, 2008, registration N 11142).

5. To impose control of execution of this order on the deputy minister A. V. Dementiev.

 

Minister V. B. Khristenko

Appendix

Approved by the order of the Ministry of Industry and Trade of the Russian Federation of September 25, 2008 No. 159

Technique of distribution of export restrictions for metal products

1. This Technique is intended for calculation of export restrictions (further - quotas) to the companies - participants of foreign trade activity on the metal products made by them, in the commodity nomenclature specified in the appendix N 1 to the Agreement between the Russian Federation and the European community about trade in some products from steel of October 26, 2007 (further - the Agreement), proceeding from quotas on groups of products, the installed application N 2 to the Agreement.

2. From the quotas established by the Agreement the quantity of products from steel for ensuring activities of the service tsentrovyuridichesky persons for further conversion of the products from steel created by the Russian operators (legal entities) till January 1, 2007 in the territory of state members of the European community and meeting the requirements established by the Declaration N 1 to the Agreement is distinguished they are subject to annual recalculation in proportion to the corresponding annual increase in quotas and are included in the total amount of quotas.

3. From the allocation of amounts which remained later for the service centers of quantity of quotas the 5 percent reserve on each group of products is allocated.

4. Other part of quotas is distributed between participants of foreign trade activity in the ratio:

70% of quota are distributed in proportion to shares of export by the companies of the quota products to previous year of action of Ri, 30% - on their share in total production of the quota products (Ki).

The share of the company (Ki) in the total production of products of this category all companies participating in distribution of quota is calculated based on data of the statistical reporting.

The quota of the company (Xi) is calculated as follows:

Формула 1 к Приказу от25.09.2008 №159

where - the total amount of quota for this group of products for the calculated year of operation of the Agreement less 5 percent reserve and amounts allocated for the service centers.

The new participants of the market who were earlier not delivering the quota products made by them on the markets of EU countries receive quota according to the share in general production of the quota steel products:

Формула 2 к Приказу от25.09.2008 №159

The quota of the new participant of the market, however, shall not be less than 120 tons. The corresponding adjustment of amount of quota is made at the expense of 5 percent reserve.

5. In case of distribution of 5 percent reserve at first quotas are allocated to producers unique (with the most advanced stage of technology conversion) products and, if necessary, quotas for adjustment (120 tons) of quotas of new participants of the market are allocated.

6. The remained quotas from 5 percent reserve after distribution according to Item 5 of this Technique and the postponement for the current year provided by the Agreement to 7% of the underused quota of previous year are distributed in proportion to quotas of the companies for the current year.

7. According to item 4 of article 3 of the Agreement the amount of quantitative restrictions to 7 percent on any commodity group can be transferred to one or several commodity groups within the same category, that is within categories SA and SB, and transfers of amounts of quantitative restrictions between categories SA and SB are permitted within 25 000 tons. Transfer of quantitative restrictions of additional 25 000 tons is performed with the consent of both Agreement parties.

8. For the purpose of the maximum realization of quotas their redistribution between the companies - owners of quotas on their mutual assent is allowed.

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