ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of October 11, 2012 No. 1035

About approval of criteria of regularity and uniformity of sales of goods at the exchange for the separate goods markets

According to Item 5 of part 5 of article 6 of the Federal law "About Protection of the Competition" Government of the Russian Federation decides: Approve the enclosed criteria of regularity and uniformity of sales of goods at the exchange for the separate goods markets on which oil and (or) oil products are traded.

Approved by the Order of the Government of the Russian Federation of October 11, 2012 No. 1035

Criteria of regularity and uniformity of sales of goods at the exchange for the separate goods markets

1. And uniform sale at the exchange biddings of the separate goods made and (or) sold by the business entity, and also persons entering one group of persons with such business entity holding dominant position in the corresponding goods markets (further - the seller), and (or) the participants of the exchange biddings who are acting for the benefit of and at the expense of the seller (further - the agent) is recognized regular, in case of observance of at the same time following conditions:

a) the seller distributes annual sales amounts of goods at the exchange biddings by each type of the corresponding exchange goods realized by it and (or) his agent at the exchange biddings on months of calendar year in the amount of at least the size established by the federal antimonopoly authority and federal executive body performing normative legal regulation of field of activity to which production of the corresponding goods according to Item 1 of part 5 of article 6 of the Federal law "About Protection of the Competition", regularly on trading sessions in the corresponding month belongs;

b) types of exchange goods unite depending on terms of the contract which contain or will contain in requests, rules of the organized biddings, and (or) specifications of agreements, and (or) in rules of clearing of the clearing organization performing clearing at the corresponding exchange biddings or are determined according to the specified documents taking into account the types of goods, bases of delivery, terms and methods of obligation fulfillment established by the exchange;

c) I will eat around prisoners the seller and (or) his agent at the exchange of transactions selling goods by results of trading session constitutes at least than the sales amount of each type of exchange goods planned by the seller according to the subitem "an" of this Item, except as specified redistributions of amounts of the exchange goods planned by the seller for realization in connection with cancellation of trading session by the exchange.

1(1). Goods to which these criteria extend are the goods admitted by the exchange to organized trading according to provisions of the Federal Law "About the Organized Biddings" according to the procedure, provided by rules of the organized biddings.

2. Data on distribution of sales amounts of goods at the exchange biddings by each type of the corresponding exchange goods realized by the seller and (or) his agent at the exchange biddings on months of calendar year and the periods of carrying out the exchange biddings in the corresponding month not later than 3 days prior to the beginning of the corresponding calendar period are posted on the official site of the seller on the Internet and go to the exchange for placement of such data on its official site on the Internet. The specified data shall contain information on trade name of the exchange (exchanges) on which, (which) sales of goods, date and time of holding trading sessions is planned.

3. When scoping prisoners by the seller and (or) his agent at the exchange of transactions selling goods by results of trading session the bargains concluded based on the exchange biddings of requests addressed to the specific participant and also the non-standard transactions determined according to the Federal Law "About Counteraction to Unauthorized Use of the Insider Information and to Market Manipulation and about Modification of Separate Legal Acts of the Russian Federation" are not considered.

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