DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of September 25, 2012 No. 166

About Regulations on procedure of monitoring and carrying out the comparative and legal analysis of legislations of state members of the Customs union and the Common economic space regarding compliance to the Agreement on single rules of the state support of agricultural industry of December 9, 2010

The board of the Eurasian economic commission solved:

1. Approve Regulations on procedure of monitoring and carrying out the comparative and legal analysis of legislations of state members of the Customs union and the Common economic space regarding compliance to the Agreement on single rules of the state support of agricultural industry of December 9, 2010 it (is applied).

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

Approved by the Decision of Board of the Eurasian economic commission of September 25, 2012 No. 166

Regulations on procedure of monitoring and carrying out the comparative and legal analysis of legislations of state members of the Customs union and Common economic space regarding compliance to the Agreement on single rules of the state support of agricultural industry of December 9, 2010

I. General provisions

1. This Provision is developed for the purpose of ensuring realization of the powers of the Eurasian economic commission (further – the Commission) determined by Item 1 of article 10 of the Agreement on single rules of the state support of agricultural industry of December 9, 2010 (further – the Agreement), and establishes procedure of monitoring and carrying out the comparative and legal analysis of legislations of state members of the Customs union and the Common economic space (further – the Parties) regarding compliance to the Agreement, and also preparation of annual reports on observance of Agreement provisions by the Parties.

2. The concepts used in this Provision are applied in the value established by the Agreement.

II. Principles of carrying out monitoring and comparative and legal analysis

3. Carrying out by the Commission monitoring and the comparative and legal analysis is based on the following fundamental principles:

principle of independence: results of monitoring and the sravnitelnopravovy analysis are created by means of estimates of the experts independent of public authorities of the Parties;

principle of objectivity: results of monitoring and the sravnitelnopravovy analysis reflect real situation in the researched sphere and do not depend on subjective opinion and will of persons conducting researches;

principle of legality: monitoring and the comparative and legal analysis are based on Agreement provisions.

III. Subject of monitoring and comparative and legal analysis

4. Subject of monitoring and the comparative and legal analysis are legislations of the Parties in the field of the state support of agricultural industry.

5. Monitoring and the comparative and legal analysis of legislations of the Parties are carried out for the purpose of identification of violations of agreement obligations, ensuring fair, complete and their timely execution by the Parties.

6. When implementing monitoring and carrying out the sravnitelnopravovy analysis of the legislation of the Party in the field of the state support of agricultural industry are used:

1) information which arrived in the Commission from authorized bodies of the Parties responsible for implementation of the Agreement;

2) information placed in national sources of official publication of regulatory legal acts of the Parties;

3) information which arrived in the Commission from legal entities and physical persons of the Parties;

4) analytical materials of the international organizations;

5) other information.

7. When implementing monitoring in addition to information specified in Item 5 of this provision official statistical information can be used.

IV. Powers of the Commission when implementing monitoring and carrying out the comparative and legal analysis and provision of information by authorized bodies of the Parties

8. For the purpose of implementation of monitoring and carrying out the sravnitelnopravovy analysis of legislations of the Parties regarding compliance to the Agreement the Commission according to the procedure, provided by the Agreement on the Eurasian economic commission of November 18, 2011 (further – the Agreement) and the Agreement, requests from the Parties:

1) data on regulatory legal acts of the Party in the field of the state support of agricultural industry and about the changes made to them;

2) data on introduction of amendments to the federal (republican) budget, budgets of administrative and territorial units regarding inclusion in them or withdrawal from them any measure or the program for provision of the state support of agricultural industry;

3) other data connected with provision of the state support of agricultural industry by the Parties.

9. The parties provide provision:

1) according to the Agreement – notifications on amounts of the state support of agricultural industry according to the form approved by the Decision of the Commission of the Customs union of October 18, 2011 No. 813 "About the course of accomplishment of the Action plan on forming of the Common economic space of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation";

2) according to the Agreement – the required Commission of information at the scheduled time.

V. The analysis and assessment by the Commission of information on the state support of agricultural industry provided by the Parties

10. During the analysis of the measures of the state support of agricultural industry realized by the Parties the regulations of the legislation of the Party on implementation of measures of the state support of agricultural industry including determining are researched:

1) purposes of implementation of measures of the state support of agricultural industry;

2) periods of implementation of measures of the state support of agricultural industry;

3) mechanisms and sales terms of measures of the state support of agricultural industry;

4) the amounts of financing of measures of the state support at the expense of means of the federal (republican) budget and budgets of administrative and territorial units.

11. During implementation of monitoring and carrying out the sravnitelnopravovy analysis by the Commission are estimated:

1) the measures of the state support of agricultural industry which are not making the distorting impact on mutual trade of the Parties in agricultural goods;

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