DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of November 6, 2012 No. 210

About the Procedure for giving in the Eurasian economic commission of addresses of state members of the Eurasian Economic Union on the facts of introduction of the state price regulation and their consideration by the Eurasian economic commission

The board of the Eurasian economic commission solved:

1. Approve the enclosed Procedure for giving in the Eurasian economic commission of addresses of state members of the Eurasian Economic Union on the facts of introduction of the state price regulation and their consideration by the Eurasian economic commission.

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

Procedure for giving in the Eurasian economic commission of addresses of state members of the Eurasian Economic Union on the facts of introduction of the state price regulation and their consideration by the Eurasian economic commission

I. General provisions

1. This Procedure is developed based on item 4 of article 18 of the Agreement on the single principles and competition rules of December 9, 2010 (further - the Agreement).

2. This Procedure determines rules of giving by state members of the Customs union and the Common economic space (further - state members) the addresses (claims) to the decision on introduction of one of state members of the state price regulation (further - addresses), considerations by the Eurasian economic commission (further - the Commission) the addresses and adoption of decisions by the Commission following the results of their consideration.

3. This Procedure is not applied:

1) to cases of the state price regulation on services, including services of subjects of natural monopolies;

2) to the sphere of the state purchasing and commodity interventions;

3) to cases of the state price regulation on the following goods:

- natural gas;

- the liquefied gas for domestic needs;

- electrical and heat energy;

- vodka, alcoholic beverage and other alcoholic products with a strength over 28% (minimum price);

- ethyl alcohol from food raw materials (minimum price);

- medicines;

- fuel firm, fuel oven and kerosene for domestic needs;

- products of nuclear and energy cycle;

- oil products.

II. Rules of giving by state member of the appeal to the Commission

4. The state member has the right to send the appeal to the Commission if considers that in case of introduction of the state price regulation other state member allows violation of provisions of the Agreement on the Eurasian Economic Union of May 29, 2014 and the entered regulation brings or can lead to competition restriction, including to creation of barriers of entrance on the market, to reducing in such market of number of business entities (subjects of the market) which are not entering one group of persons.

5. The decision on submission of the address is made by state member.

6. In the address are specified:

1) Data on the decision on introduction of the state price regulation.

2) Data which, according to the state member which submitted the address specify that this price regulation brings or can lead to competition restriction (market analysis results, materials of authorities of state members, appeals of business entities (subjects of the market), with reasons for the fact that it is possible to achieve the goal of introduction of the state price regulation the different way having smaller negative effects for competitive situation.

Preparation of reasons for possibility of goal achievement of introduction of the state price regulation by the different way having smaller negative effects for competitive situation is performed by the disputing state member.

3) Requirement about cancellation of introduction of the state price regulation.

4) the List of the enclosed documents (materials, data), necessary, according to state member, for consideration of the address (further - documents).

7. The confidential information containing in documents cannot form the basis for failure to provide them in the Commission. At the same time the state member which submitted the address shall specify the exhaustive list of the documents containing confidential information.

Officials and staff of the Commission bear the responsibility provided by the Agreement on procedure for protection of confidential information and responsibility for its disclosure when implementing of powers by the Eurasian economic commission on control of observance of general competition rules of November 12, 2014 for disclosure of confidential information.

8. The address and documents attached to it shall be constituted in Russian.

9. The commission takes cognizance of the address on condition of its giving during implementation of price regulation.

10. Giving in the Commission of the address does not suspend the disputed decision on introduction of the state price regulation.

III. Rules and terms of consideration of the address by the Commission

11. The commission considers the address in time, not exceeding 2 months from receipt date in the Commission of the address.

Receipt date of the address date of its registration in the Commission is considered.

12. The appeal which arrived in the Commission is sent to the member of Board of the Commission supervising questions of the competition and anti-monopoly regulation (further - the member of Board).

13. The member of Board within 2 working days from receipt date in the Commission of the address determines responsible structural division of the Commission from among departments which work he supervises.

14. The responsible structural division of the Commission within 5 working days from receipt date of the address notifies state members on receipt in the Commission of the address.

15. Responsible structural division of the Commission within 30 working days from receipt date of the address:

- checks whether provisional measures on settlement at the level of authorized bodies of state members were taken by state members;

- considers the address in essence;

- establishes whether there corresponds the decision on introduction of the state price regulation to Items 81 and 82 of the Protocol;

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