of May 26, 2017
About procedure for voluntary approval by state members of the Eurasian Economic Union with the Eurasian economic commission of specific subsidies concerning manufactured goods and conducting by the Eurasian economic commission the trials connected with provision by state members of the Eurasian Economic Union of specific subsidies"
The state members of the Eurasian Economic Union which further are referred to as with state members, being guided by provisions of the Agreement on the Eurasian Economic Union of May 29, 2014 (further - the Agreement), for the purpose of realization of provisions of article 93 of the Agreement and the Protocol on single rules of provision of industrial subsidies ( appendix No. 28 to the Agreement) (further - the Protocol), understanding importance of creation of conditions for functioning and development of the Eurasian Economic Union (further - the Union), and also for development of industrial production, for the purpose of increase in transparency and predictability of rendering by state members of the state support of industrial sectors of economy, expressing the aspiration to provide conditions for creation of the transparent and predictable circle in the field of provision with state members of specific subsidies concerning manufactured goods in the part concerning assessment of the subsidies realized by state members in view of the conventional principles and rules of international law, following the principles, regulations and rules of the World Trade Organization, agreed as follows:
This agreement regulates questions of interaction between state members and the Eurasian economic commission (further - the Commission) in connection with provision by state members of specific subsidies concerning manufactured goods, determines procedure for voluntary approval of the Commission of provision by state members of specific subsidies (further - approval of specific subsidies), and also conducting by the Commission the trials connected with provision by state members of specific subsidies (further - trials).
The functions connected with reconciliation procedure of specific subsidies and conducting trial are performed by structural division of the Commission within which competence questions of ensuring realization of industrial policy and industrial subsidies are (further - responsible department).
For the purposes of this agreement concepts which mean the following are used:
"little significant subsidy" - subsidy which owing to the small sizes cannot have significant effect on the market of the Union;
"joint project" - the project with participation of state members directed to deepening of industrial cooperation and cooperation and providing accomplishment of one of the following conditions:
carrying out joint developmental operations;
creation of the companies (production lines);
development of new types of technologies and provision of information relating to these types of technologies;
forming of joint innovative infrastructure;
"authorized body" - body (bodies) of the executive authority of state member, to which powers (which) the questions connected with implementation of this agreement belong.
Other concepts used in this agreement are applied in the values defined by the Agreement and international treaties within the Union.
1. The state member has the right to address to the Commission for the purpose of approval of specific subsidy by means of the direction of the corresponding statement according to the procedure, stipulated in Article the 5th this agreement.
2. Approval of specific subsidies is performed on voluntary basis.
3. According to Item 6 of the Protocol state members do not apply the compensating measures to subsidies which terms, amounts and conditions of provision are approved by the Commission.
4. Reconciliation procedure of specific subsidies includes:
1) carrying out by responsible department according to Article 7 of this agreement of the analysis of specific subsidy for the purpose of establishment of compliance or discrepancy of specific subsidy to the criteria provided by Articles 10 and 11 of this agreement (further - the analysis);
2) carrying out consultations according to Article 8 of this agreement;
3) preparation by results of approval of specific subsidies of the conclusion about compliance or discrepancy of specific subsidy to the criteria provided by Articles 10 and 11 of this agreement (further - the conclusion by results of approval).
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