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DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of January 13, 2017 №7

About compensation Payment procedure in case of violation by state member of the Eurasian Economic Union of obligations in the field of the state support of agricultural industry

According to Item 40 of the Protocol on measures of the state support of agricultural industry (appendix №29 to the Agreement on the Eurasian Economic Union of May 29, 2014) Council of the Eurasian economic commission decided:

1. Approve the enclosed compensation Payment procedure in case of violation by state member of the Eurasian Economic Union of obligations in the field of the state support of agricultural industry.

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

Members of council of the Eurasian economic commission:

From the Republic of Armenia

 

V. Gabriyelyan

From the Republic of Belarus

V. Matyushevsky

From the Republic of Kazakhstan

A. Mamin

From the Kyrgyz Republic

O. Pankratov

From the Russian Federation

I. Shuvalov

Approved by the Decision of Council of the Eurasian economic commission of January 13, 2017 №7

Compensation payment procedure in case of violation by state member of the Eurasian Economic Union of obligations in the field of the state support of agricultural industry

1. This Procedure is developed according to Item 40 of the Protocol on measures of the state support of agricultural industry (appendix №29 to the Agreement on the Eurasian Economic Union of May 29, 2014) (further – the Protocol) and determines conditions of distribution and payment procedure of compensation in case of violation by state member of the Eurasian Economic Union (further – state member) the obligations in the field of the state support of agricultural industry provided by the Protocol (further respectively – compensation, obligations).

2. Compensation which amount is determined according to Item 40 of the Protocol is distributed between state members based on cost amount of mutual trade in the goods specified in Item 11 of the Protocol (further – agricultural goods), on average for the 3-year period preceding year of violation.

3. In case of application concerning agricultural goods of measures of the state support according to Item 5 of the Protocol the amount of compensation which is subject to payment to state member is calculated in proportion to its share in cost amount of mutual trade in these agricultural goods which is determined as the amount of mutual export and import transactions of state members between which compensation, and also their export and import transactions with the state member which violated obligations is distributed.

4. In case of providing the measures of the state support of agricultural industry making the distorting impact on trade over obligations the amount of compensation which is subject to payment to state member is calculated in proportion to its share in the cost amount of mutual trade in agricultural goods calculated as the amount of mutual export and import transactions of state members with the state member which violated obligations.

5. Measure calculation, provided by Items 3 and 4 of this Procedure, is performed by the Eurasian economic commission (further – the Commission) with the participation of state members based on the official statistical information provided to the Commission by authorized bodies of state members in accordance with the established procedure.

6. The amount of compensation which is due to the corresponding state member, and term of its payment are established by the act of Council of the Commission.

7. The payment due date of compensation shall not exceed 1 calendar year from the effective date the act of the Council of the Commission specified in Item 6 of this Procedure.

8. State members within 90 calendar days from the effective date of the act of the Council of the Commission specified in Item 6 of this Procedure determine the authorized bodies responsible for transfer or receipt of compensation in the budget (from the budget) other state members, and inform on this each other and the Commission.

9. State members inform each other and the Commission on the amount of the paid (received) compensation within 10 calendar days from the date of the direction (receipt) of means.

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